bw no 71 of 1871 1he maintenance of internal security bill, 1971  bill~ provide fot detention in certain cases for the purpoae of mointen4nd of internal security and matters connected therewith be it enacted by parliament in the twenty-second year of the republic of india 88 followl:-1 (1) this act may be called the maintenance of internal security short act, 1971 title anel' extent s (2) it extends to the whole of india except the state of jammu and kashmir ~ 2 in this act, unless the context otherwise requires,-definitions 10 (a) "appropriate government" m~ans, as respects a detention order made by the central government or a person detained under such order, the central government, and as respects a detention order made by a state government or by an officer subordinate to a state government or as respects a person detained under such order, the state government; (b) iidetention order" means an order made under section 3; (c) "foreigner" has the same meaning as in the foreigners act, 1946; (d) "state government", in relation to a union territory, meanl! the adminjstr~tor th~eof 3 (1) the central government or the state government may,-?owerto dab ,rden ieta1din1 !el1a1n )el'lodl (a) if satisfied with respect to any person (including a foreigner) that with a view to preventing him from acting in any manner prejudicial to-(i) the defence of india the relations of india with foreign 5 powers, or the security of india, or (ii) the security of the state or the maintenance of public order, or (iii) the maintenance of supplies and services essential to the community, or 10 (b) if satisfied with respect to any foreign'er that with a view to regulating his continued presence in india or with a view to making arrangements for his expulsion from india, it is necessary so to do, make an order directing that such person be detained is (2) any of the following officers, namely:-(a) district magistrates, (b) additional district magistrates specially empowered in this behalf by the state government, (c) the commissioner of police for bombay, calcutta, madras or 20 hyderabad, may, if satisfied as provided in sub-clauses (ii) and (iii) of clause (a) of sub-section (1), exercise the power conferred by the said sub-section (3) when any order is made under this section by an officer mentioned in sub-section (2), he shall forthwith report the fact to the state 25 government to which he is subordinate together with the grounds on which the order has been made and such other particulars as in his opinion have a bearing ~n the matter, and no such order shall remain in force for more than twelve days after the making thereof unless in the meantime it has been approved by the state government: 30 provided that where under section 8 the grounds of detention are communicated by the authority making the order after five days but not later than fifteen days from the date of detention, this sub-section shall apply subject to the modification that for the words "twelve days", the words "twenty-two days" shall be substituted 35 (4) when any order is made or approved by 'the state government under this section, the state government shall, as soon' as may be, report \he fact to the central' government together with the grounds cn which ~ order has deed made and luch other particlllars as in the opinion 01' the state government have a bearing on the necessity for the order  5ofl 4 a detention order may be executed at any place in india in ~h manner provided for the execution of warrants of arrest under the code 5 of criminal procedure, 1898 ezecutlan otdetention orders 5 every person in respect of whom a detention order haos been made shall be liable-power to regulate place and conditions otdetention (a) to be detained in such place and under such conditions including conditions as to maintenance, discipline and punishment 10 for breaches of discipline, as the appropriate government may, by general or special order, specify; and (b) to be removed from one place of detention to another place of detention, whether within the same state or in another state, by order of the appropriate government: 15 provided that no order shall be made by a state government under clause (b) for the removal of a person from one state to another state except with the consent of the government of that other state 6 no detention order shall be invalid or inoperative merely by reason-20 (a) that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the government or ofticer making the order, or detention orders not to be jnvaud or inopera tlve on certain grounds (b) that the place of detention of such person is outside the said limits 25 7 (1) if the central government or the state government or an powers in relation to abeon din, pel'loljl officer specified in sub-section (2) of section 3, as the case may be, has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order can-'not be executed, that government or officer may-3°  5 of 188835 (a) make a report in writing of the fact to a presidency magistrate or a magistrate of the fil'st class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of sections 87, 88 and 89 of the code of criminal procedure, 1898, shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the magistrate; (b) by order notified in the official gazette direct the said person to appear before such officer, at such place and within such period as may be specified in the order; and if the said person falls to comply with such direction he shall, unless he proves that it wu dot possible for him to comply therewith and that he had, within the period specified in the order, informed the o11icer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year or with fine or with both (2) notwithstanding anything contained in the code of criminal procedure, 1898, every offence under clause (b) of sub-section (1) shall be cognizable 8 (1) when a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, but ordinarily 10 not later than five days and in exceptional circumstances and for reasons to be recorded in writing, not later than fifteen days, from the date of detention, communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making a representatitln against the order to the appropriate government is grounds of'order ofdetention to be disclosed to persons a1!ected by the order (2) nothing in sub-section (1) shall require the authority to disclose facts which it considers to be against the public interest to disclose 9 (1) the central government and each state govenuneat shall, whenever necessary, constitute ode ore more advisory boards for the purposes of this ad 20 constitution of advisory boards (2) every such board shall consist of three per&ons who are,or have been, or are qualified to be appointed as, judges of a hi4rh court, and such persons shall be appointed by the central government or the state government, as the easc may be (3) the appropriate government shall appoint one of the members 25 of the advisory board who is, or has been, a jude of a rip court to be its chairman, and in the ease of a union territory the appointment to the advisory board, of any person who is a judie of the iiiih court of a state shall be with the 1)reviou5 approval of the state govemmeat eoncerned 30 reference to advisory boards 10 save as otherwise expressly provided in this act, in every case where a detention order has been made under this act, the appropriate government shall, within thirty days from the date of detention under the order, place before the advisory board constituted by it under seetion 9 the grounds on which the order has been made and the represen- 35 tation, if any, made by the person affected by the order, and in case where the order has been made by an officer, also the report by such officer 'under sub-section (3) of section 3 procedure of advisory b\lardj 11 (1) the advisory board shall, after considering the materials placed before it and~ after calling for such further information as it m-r 40 deem necessary from the appropriate government or from i\ny person called for the purpose through the appropriate government or from the person concerned, and if, in any particular case, it considers it essential so to do or if the person concerned desires to be heard, after hearing him ,in person, submit its report to the appropriate government within ted 45 weeks from the date of detention ,(2) the report of the advisory board shall specify in a leparate part thereof the opinion of the advisory board as to whether or not there is !lufllcient cause for the detention of the person concerned (3) when there is a difference of opinion among the members forming , the advisory board, the opinion of the majority of such members shall be deemed to be the opinion of the board (4) nothing in this section shall entitle any person against whom a detention order has been made to appear by any legal practitioner in any matter connected with the reference to the advisory board, and the pro-10 ceedings of the advisory board and its report, excepting that part of the report in which the opinion of the advisory board is specified, shall be conftdential 12 (1) in any case where the advisory board has reported that there is in its opinion sufficient cause for the detention 'c1f a person the appro-i, priate government may confirm the detention order and contin'le the detention of the person concerned for such period as it thinks fit action upon the report of advilory board "0 (2) in any case where the advisory board has reported that there is in its opinion no sufficient cause for the detention of the person concerned, the appropriate government shan revoke the detention order and cause ao the person to be released fotthwith 13 the maximum period for which any person may be detained ill pursuance of any detention order which has been confirmed under section 12 shall be twelve months from the date of detention: n~-jd,lolql period of 4etenikmj provided that nothing contained in this section shall affect the power 25 01 the appropriate government to revoke or modify the detention order at any earlier time 14 (1) without prejudice to the provisions of section 21 of the general clauses act, 1897, a detention order may, at any time, be revoked or 10 of 1887 modified-~ocationo! detention orden (a) notwithstanding that the order has been made by an officer mentioned in sub-section (2) of section 3, by the state government to which that officer is subordinate or by the central government; (b) notwithstanding that the order has been made by a state ~emment, by the central government 35 (2) the revocation or expiry of a detention order shall not bar the making of a fresh detention order under section 3 against the same person in any case where fresh facts have arisen after the date of revocation or expiry on which the central government or a state government or an o~er, as the case may be, is satisfied that sl,lch an order should be made 40 -15 (1) the appropriate government may, at any time, direct that any person detained in pursuance of a detention order may be released for any speclfied period either without conditions fir upon such conditions sped-temporary relea o!penona detained ~ecl sntbe curection as that person accepts, and li\ay, at any time, cancel hil releue, (2) in directing the release of any person under sub-section (1), the appropriate government may require him to enter into a bond with or without sureties fot the due observance of the conditions specified in the direction (3) any person released under sub-section (1) shall surrender him-5 self at the time and place, and to the authority, specified in the order directing his release or cancelling his release, as the case may be (4) if any person fails without sufficient cause to surrender himself in the manner specified in sub-section (3), he shall be punishable with imprisonment for a term which may extend to two years, 'or with fine, or 10 with both  (5) if any person released under sub-section (1) fails to fulfil any of the conditions imposed upon him under the said sub-section or in the bond entered into' by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof is 16 no suit or other legal proceeding shall lie against the central government or a state government, and no suit, prosecution or other legal proceeding shall lie against any person, for anything in good faith done or intended to be done in pursuance of this act protection of action taken in good faith 17 (1) notwithstanding anything contained in this act, any foreigner 20 in respect of whom an order of detention has been made under this act may be detained without obtaining the opinion (1f 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 ar undet any of the following circumstances, namely:-duration ofdetention in eertain cues of foreild-era 2s (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 ~o law amendment act, 1961, ar -23 of limn (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 vaild travel 3s document, or 167 of 1988 (d) where the central government has reason to believe that such foreigner commits or is likely to commit any offence lulder the official secrets act, 1923 19 of 11m (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" to 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 is 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 18 (1) the maintenance of internal security ordinance, 1971, is here-20 by repealed ord1 of 1971 (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  statement of objects and reasonsin view of the prevailing situation in the country and the developments across the border, there is need for urgent and ef"echve pre:ventive action in the interest of national security it is, thercfor~~ considored essential to have powers of preventive detention to deal effectively with threats to the defence of india and to the security of india, especiauy from external sources and espionage activities of foreign agents since the existing laws available t-~ deal with the situation have not been found to be adequate, the maintenance of internal security ordinance, 1971, has been promulgated it is now proposed to replace the ordinance by an act k c pant new d&hi; the 24th may, 1971  president's recommendation under article 117 of the constitution of india[copy of letter no f 55\3 \ 71-poll i (b), dated the 27 may, 1971 from shri k c pant, minister of state in the ministry of home affairs (grih mantralaya men rajya mantri) to the secretary, lok sahha] the president having been informed of the subject matter of the proposed bill recommends to the lok sabha under article 117 (3) of the constitution of india the consideration of the maintenance <if internal security bill, 1971 under clause 9 of the bill, the central government and the state governments are required to appoint advisory boards there is no provision in the bill regarding the payment of any salary allowances, etc, to the members of the advisory boards the central government may, however, have to incur some expenditure in connection with the functioning of the advisory boards it if>' not possible to make an accurate estimate of the expenditure which may be involved, but ordinarily the amount is not likely to exceed rs 5,000 annually there will be no nonrecurring expenditure a bill to provide for detention in certain cases for the purpose of maintenance of internal security and matters connected therewith [shri k c pant,   minister of state in the   ministry of home affairs, (grih   mantralaya men rajya mantr;)] 