The Maintenance of Internal Security (Amendment) Ordinance, 1975

_REGISTERED No. 1>-41>)-':Z 911<d 6h·, ~iii-Qi ~he <.5aLette of ;India .. - !R-allft~~ EXTRAORDINARY • • . ' ltt1t u-... 1 /24 . :!n fhl 3 1 ~ /1 7 ~ J s • ijO 34} No. 34] · PART II-8ection t - , - ~ w ... ~" PUBLISHED BY AUTHORI'P'i ~ ~, 'd'~~, ~" 29, 1975/J;ft1'l' s, 1897 NEW DELHI, SUNDAY, JUNE 39, 1975/ASADHA 8, 1897 -==-====::=:====:==:============== • ti ffl ii ~ I{~ «~l t\ ~) \ mffl f1'1 ~~~~ii ~ii~ l!T ri I Separate paclDI Is given to this Part In order that It may be lled as a se-,.rate compllatioa. MINISTRY OF -LAW, ·JUSTICE ANO COMPANY AFFAIRS _(Legislative · Department) -· - New Delhi; the 29th June, 1975/ Asadha 8; 1897 (Saka) _ THE MAINTENANCE OF INTERNAL SEClIBIIX_ . _ _ <AMENDMENT) ORDINANCE, 1975 - : - No. 4 OF 1975 Promulgated by the President in the Twenty-sixth Year of the Republic of India. • • An Ordinance further to amend the Maintenance of Internal Security Aat, 1971. WHEREAS a grave emergency exists whereby the • security of India is threatened by external aggression and internal disturbance; AND WHEREAS Parliament is not in session _and the President is satisfied that circumstances exist which render it • necessary _ for him to take immediate action; Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: - 1. ( I) This Ordinance may be called the Maintenance of Internal Short title . and . Security (Amendment) Ordinance, 1975- commence­ ment. (2) It shall come into force at once • • 213) i ! i Act 26 of 1971 to be tempo­ rarily amended. Amend­ ment of section 14. Amend­ ment of section 15. Insertion • of new section 16A. a Special provisions for deal­ ing with emer­ gency. • 2 I 4 _ . . __ ..:.,__---=-==========·===-==-=--:=:-==:= . . . .--- . h ., . d of operation of _tl1is Ordinance, the Maintenance of 2. Durmg t ·te peAr1to 1971 (hereinaft~t referred to as the principal Act) Internal Secur1 Y c , ·, l4•- ··--·I ·fl d · t· , shall have eff-ect subject to the amen~~~~~ts spec1 e in sec ions 3, 4 and 5. ~, ·' ' I .. •• ' ' • , • ··"'!\,,· ~~ .... !'. .... • .j'\·t: _. . .... ;.,;. ,,d-.. :., ~;fft~-.. .,11-~ • . -•• "I , • , '; l .~. ,1 i '\f • ~· f·: .- ,.: •• , • • :i . • 1 •al Act1 .Jfor s -'.,.· sectid.;~,,(.?)~:~t~~ f<itla · • • • .. ··~·tr. • " ' • • • ~· ~ .; •• ~·. ·•· "r 4 ·..-.·~ j . .., ly ....... " - .... . .. . ••.•.. .,. ·- .... ........ .{J. b-~J~tion ~shall ije sub-stituted, na .. ~ • .: '..~- • -·-· ~::~ '·~:_:,)', .__ .: ~.ii~ ~~:_::~~~ SU • • h ·11·· -k, t • ---. . · · ·· • , .· r s a ·111.0 a ~. · --~ • of ahother detention orde1· ·under .:se t~ ·- , a'.gJih~t:,, he,!_$8.me p~son.". 4_ In section l5 of the principal Act, after sub-section (5), the following sub-section shall be insert~d, namely : - · ,<(6) Notwithstanding anythi~g co~tamed in any ot~er law and save as otherwise provided in this section, no person against whom a detention order made unde~, t.~is ~~-t ist in force shall be released whether on bail or bail bond or otberwi~e-''. 5 .. After section 16 of rthe pri~cipal Act, t~e following section shall be inserted, namely: - . ., ... . . . . . . ....... .. . . ''16A. • (1) Notwithstanding anything contained ·i~- this Act or any l"ules of 11~tural justi·ce, the. provision·s of this se~tion shall have effect _., during the period of . operation of.. the Proclamation of Emergency issue_d under .clause (·1) of ar_ticle 352 of the .Cons.titution on the 3rd day of Decembe1· 1971, or· the P1·oclamation of Emerge~cy issued Ul).der that ,.·. ., .... ,- .. ·. ... . - . clause-on the 25th day of.~une,_ 1975, or a period of twelve months from the. 25th day of JUI!~, 197-5, whicAever period is the $hortest- . . .. . , _ .; . • , __ ·:. ~~~. Tp~_ ~~~ .o~.~~~'eff,.P~.rs·?~ against who~_ ~n order to~ -p~t~tf~Jl • was made on or after the 25th day of June, 19,5, but before the com- • - mencement of the Maintenance t of· · Internal • Security (Amendment) -Ordinance, 1975, shall, unless. such person is. sooner released f1 .. om detention, be reviewed 'within fifteen days from such' commencement by._tbe .ap-propriate -Government .for the p,urpose of detennining whether the dete~tion of ·such person under this Act ·is necessary for dealing effectively with the emergency in respect of which the Proclamati_ons referred to in sub-section (1) nave been issued (here- .,~ • at·ter •in: this • section ref erred t·o as the emergency) and if, 9n such review, the appropriate Government is satisfied that it is necessary to , . detain such person for effectively dealing with the emergency, that Government ma)· make a declaration to that effect and communicate a ~opy of the declaration to the person concerned. (3) When making an order of detention under this Act against any pe1·son after the commencement of the Maintenance of Internal Security (Amendment) Ordinance, 1975, the Central Government or ' ' the State Government or, as the· case• may be, the officer ma)(ing the orde1, of detention shall consider whether the detention of such person under this Act is necessary for dealing effectively with ·the emergency and. if, !?n such c~nsideration, the Central Government or, as the case may be, the State Gt)Verr1ment 01~ the officer is ·satisfied that· it is neces .. sary to detain. such pe1·son for effectively dealing with the emergency, that Government or officer mav make a declaration to that effect and f' ' . . communicate a copy of the declarat.ion to the nerson concerned: . ... Provided that whe1,e such declaration is made b-y an officer, it shall be reviewed by the State Government • to ~hich such. officer is • • 1 THE GAZETTE OF INDIA EXTBtAORDINARY Sf:C· 1 ------====-· - ------=----- 315 .,,--__.- - - -----======= -·--------- --- ~.,.,-- . . • ------- -;ubOrdinate withm fifte~n days from the date of making of the declara- tion and such declaration shall cease to have effect unless it is con­ firrned by the State Government, after such review, within the said period of fifteen days. I ( 4) The questio~ whether the detention of any person in respect of whom a dec~ar~tion has been made under sub-section (2) or sub- ection (3) continues to be necessary for effecti,relv dealing with the :rnergency shall be reconsidered by the approPriate Government within four months fi·?m the date of such declaration and thereafter at inte1·vals no·t exceeding !0 ur months, and if, on such reconsideration, it appears to the appropriate, Government that the detention of the person is no longer necessary for effectively dealing with the emer­ gency, that Government ma?' revoke the declaration. (5) In making any review, consideration or reconsideration under sub-section (2), (3) or (4), the appropriate Government or officer may, if such Government or officer considers it to be against the public interest to do otherwise, act on the basis of the information and materials in its or his possession wit~out disclosing ·th•e facts or giving an opportunity of making a rep1 .. esentation to the pe1 .. son concerned. (6) It shall not be necessary- ' • •• 4' . (a) to disclose to any pe1~son detained under a· detention order to which the provisions of sub-section (2) apply, the grounds on whi.ch the order has been made during the period within which his case may be reviewed under that sub-section and where, on such 1 .. eview, a declaration has been made in respect of such person under that sub-section, also durjng the period when such declara­ tion is in force: • lb) to disclose to any person detained under a detention order to which the provisions of sub-section (3) apply, the grounds on - which the order has been made during the p,eriod 'the declaration made in respect of such person under that sub-section is in force, , , and, accordingly, such periods shall not be taken into account for the purposes of section 8- ( 7) In the case of every person detained urider a detention order .to which the provisions of sub-section (2) or sub-section (3) apply, and in respect of whon1 a declaration has been 1nade thereunder, the period during -which such declaration is in force shall not be taken into account for the purpose of computing_ the periods mentioned in section 10 or section 11.''. I FAKHRUDDIN ALI AHMED, • President. K. K. SUNDARAM, . Secy. to t1ie Govt. of India. --- ----------· -- ,. • RNMENT OF INDIA PRESS, MINTO ROAD, PRINTED BY THE GENERAL MANAGER, GCOOVENTROLLER OF PUBLICATIONS, DELm, 1975 NEW DELHI AND PUBllISRED BY THE • • • - • t 1 t , • , • ..