NSA 14A
Section 14A · Circumstances in which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Boards
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1[14A. Circumstances in which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Boards.—(1) Nothwithstanding anything contained in the
foregoing provisions of this Act, or in any judgment, decree or order of any court or other authority, any
person in respect of whom an order of detention has been made under this Act at any time before the2
[8th
day of June, 1989] may be detained without obtaining the opinion of the Advisory Board for a period
longer than three months, but not exceeding six months, from the date of his detention where such person
had been detained with a view to preventing him, in any disturbed area—
(i) from interfering with the efforts of Government in coping with the terrorist and disruptive activities; and
(ii) from acting in any manner prejudicial to—
(a) thedefence of India; or
(b) the security of India; or
(c) the security of the State; or
(d) the maintenance of public order; or
(e) the maintenance of supplies and services essential to the community.
Explanation 1.—The provisions of the Explanation to sub-section (2) of section 3 shall apply for the purposes of this sub-section as they apply for the purposes of that sub-section.
Explanation 2.—In this sub-section, "disturbed area" means any area which is for the time being declared by notification under section 3 of the Punjab Disturbed Areas Act, 1983 (32 of 1983), or under section 3 of the Chandigarh Disturbed Areas Act, 1983 (33 of 1983), to be a disturbed area.
Explanation 3.—In this sub-section, "terrorist and disruptive activities" means "terrorist acts" and "disruptive activities" within the meaning of the Terrorist and Disruptive Activities (Prevention) Ordinance, 1987 (Ord. 2 of 1987).
(2) In the case of any person to whom sub-section (1) applies, sections 3, 8 and 10 to 14 shall have effect subject to the following modifications, namely:—
(a) in section 3,—
(i) in sub-section (4), in the proviso,—
(A) for the words "ten days", the words "fifteen days" shall be substituted;
(B) for the words "fifteen days" the words "twenty days" shall be substituted;
(ii) in sub-section (5), for the words "seven days", the words "fifteen days" shall be substituted;
(b) in section 8, in sub-section (1), for the words "ten days", the words "fifteen days" shall be substituted;
(c) in section 10, for the words "shall, within three weeks", the words "shall, within four months and two weeks" shall be substituted;
(d) in section 11,—
(i) in sub-section (1), for the words "seven weeks", the words "five months and three weeks" shall be substituted;
(ii) in sub-section (2), for the words "detention of the person concerned", the words "continued detention of the person concerned" shall be substituted;
(e) in section 12, for the words "for the detention", at both the places where they occur, the words "for the continued detention" shall be substituted;
(f) in section 13, for the words "twelve months", the words "two years" shall be substituted:
(g) in section 14, in the proviso to sub-section (2), for the words "twelve months" the words "two years" shall be substituted.
(i) from interfering with the efforts of Government in coping with the terrorist and disruptive activities; and
(ii) from acting in any manner prejudicial to—
(a) thedefence of India; or
(b) the security of India; or
(c) the security of the State; or
(d) the maintenance of public order; or
(e) the maintenance of supplies and services essential to the community.
Explanation 1.—The provisions of the Explanation to sub-section (2) of section 3 shall apply for the purposes of this sub-section as they apply for the purposes of that sub-section.
Explanation 2.—In this sub-section, "disturbed area" means any area which is for the time being declared by notification under section 3 of the Punjab Disturbed Areas Act, 1983 (32 of 1983), or under section 3 of the Chandigarh Disturbed Areas Act, 1983 (33 of 1983), to be a disturbed area.
Explanation 3.—In this sub-section, "terrorist and disruptive activities" means "terrorist acts" and "disruptive activities" within the meaning of the Terrorist and Disruptive Activities (Prevention) Ordinance, 1987 (Ord. 2 of 1987).
(2) In the case of any person to whom sub-section (1) applies, sections 3, 8 and 10 to 14 shall have effect subject to the following modifications, namely:—
(a) in section 3,—
(i) in sub-section (4), in the proviso,—
(A) for the words "ten days", the words "fifteen days" shall be substituted;
(B) for the words "fifteen days" the words "twenty days" shall be substituted;
(ii) in sub-section (5), for the words "seven days", the words "fifteen days" shall be substituted;
(b) in section 8, in sub-section (1), for the words "ten days", the words "fifteen days" shall be substituted;
(c) in section 10, for the words "shall, within three weeks", the words "shall, within four months and two weeks" shall be substituted;
(d) in section 11,—
(i) in sub-section (1), for the words "seven weeks", the words "five months and three weeks" shall be substituted;
(ii) in sub-section (2), for the words "detention of the person concerned", the words "continued detention of the person concerned" shall be substituted;
(e) in section 12, for the words "for the detention", at both the places where they occur, the words "for the continued detention" shall be substituted;
(f) in section 13, for the words "twelve months", the words "two years" shall be substituted:
(g) in section 14, in the proviso to sub-section (2), for the words "twelve months" the words "two years" shall be substituted.
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