Inserted by Act 14 of 1976, S. 4 (w.e.f. 29-6-1975). — ACT 026 OF 1971 : MAINTENANCE OF INTERNAL SECURITY ACT, 1971

8 Inserted by Act 14 of 1976, S. 4 (w.e.f. 29-6-1975). Duration of detention in certain cases of foreigners . -(1) Notwithstanding anything contained in this Act, any foreigner in respect of whom an order of detention has been made under this Act may be detained without obtaining the opinion of the Advisory Board for a period longer than three months, but not exceeding two years from the date of his detention, in any of the following classes of cases or under any of the following circumstances, namely- (a) where such foreigner enters or attempts to enter the territory of India or is found therein with arms, ammunition or explosives, or (b) where such foreigner enters or attempts to enter a notified area or is found therein in contravention of Section 3 of the Criminal Law Amendment Act, 1961, or (c) where such foreigner enters or attempts to enter the local limits or is found within the local limits of such area adjoining the borders of India as may be specified in an order made under Section 139 of the Border Security Force Act, 1968, without a valid travel document, or (d) where the Central Government has reason to believe that such foreigner commits or is likely to commit any offence under the Official Secrets Act, 1923. (2) In the case of any foreigner to whom sub-section (1) applies, Sections 10 to 13 shall have effect subject to the following modifications, namely(a) in Section 10, for the words "shall, within thirty days", the words "may, at any time prior to but in no case later than three months before the expiration of two years" shall be substituted; (b) in Section 11,(i) in sub-section (1), for the words "from the date of detention", the words "from the date on which reference is made to it" shall be substituted; (ii) in sub-section (2), for the words "the detention of the person concerned" the words "the continued detention of the person concerned" shall be substituted; (c) in Section 12, for the words "for the detention" in both the places where they occur, the words "for the continued detention" shall be substituted; (d) in Section 13, for the words "twelve months" the words "three years" shall be substituted . 1 [17-A. Duration of detention in cases of detention on certain grounds . -(1) Notwithstanding anything contained in the foregoing provisions of this Act, during the period of operation of the Proclamation of Emergency issued on the 3rd day of December, 1971, any person (including a foreigner) in respect of whom an order of detention has been made under this Act, may be detained without obtaining the opinion of the Advisory Board for a period longer than three months, but not exceeding two years from the date of his detention in any of the following classes of cases or under any of the following circumstances, namely(a) where such person had been detained with a view to preventing him from acting in any manner prejudicial to the defence of India, relations of India with foreign powers or security of India; or (b) where such person had been detained with a view to preventing him from acting in any manner prejudicial to the security of the State or the maintenance of public order. (2) In the case of any person to whom sub-section (1) applies, Sections 10 to 13 shall have effect subject to the following modifications, namely(a) in Section 10, for the words "shall, within thirty days", the words "may, at any time prior to but in no case later than three months before the expiration of two years" shall be substituted; (b) In Section 11,(i) in sub-section (1), for the words "from the date of detention", the words "from the date on which reference is made to it" shall be substituted; (ii) in sub-section (2), for the words "the detention of the person concerned", the words "the continued detention of the person concerned" shall be substituted; (c) in Section 12, for the words "for the detention" in both the places where they occur, the words "for the continued detention" shall be substituted; (d) In Section 13, for the words "twelve months", the words "three years" shall be substituted.] 1 S. 17 -A shall remain inserted during the continuation in force of the Defence and Internal Security of India Act, 1971, vide its S. 6(6). 1 [18. Exclusion of common law or natural law rights, if any . -No person (including a foreigner) 2 [in respect of whom an order is made or purported to be made under Section 3] shall have any right to personal liberty by virtue of natural law or common law, if any.] 1 Inserted by MISA Amendment Act, 1975 (39 of 1975), S. 7 (w.e.f. 25-6-1975). 2 Substituted by Act 14 of 1976, S. 5 (w.e.f. 25-6-1975). 1 [19. Repeal and saving . -(1) The Maintenance of Internal Security Ordinance, 1971, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act as if this Act had come into force on the 7th day of May, 1971.

Section 8