Section 3   [ View Judgements ]

Power to make an order detaining communal offenders

(1) The Government may, if satisfied with respect to any communal offender that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order it is necessary so to do, make an order directing that such person be detained.

(2) If, having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of the District Magistrate, the Government is satisfied that it is necessary so to do, it may, by order in writing, direct that, during such period as may be specified in the order, such District Magistrate may also, if satisfied as provided in Sub-section (1), exercise the powers conferred by the said sub-section:

Provided that the period specified in an order made by the Government under this sub-section shall not, in the first instance, exceed three months, but the Government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period from time to time by any period .not exceeding three months at any one time.

(3) When any detention order is made by a District Magistrate, he shall forth with reopen the fact to the Government together with the grounds on which the order has been made and such other particulars, as in his opinion, have a beating on the matter and no such order shall remain in force for more than fifteen days after the making thereof unless, in the meantime, it has been approved by the Government.

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