100
REGISTERED No. D- ( D ) -72
रस्ट्रीसं० डो- (डी )-72
че. 101 12639.
1.77
भारत काराजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II--सण्ड 1
PART II-Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 37]
नई दिल्ली , मंगलवार, जुलाई 15, 1975/ प्र.षाढ़ 24, 1897
No. 37]
NEW DELHI , TUESDAY , JULY 15 , 1975 / ASADHA 24, 1897
इस शण में भिन्न पृष्ठ संख्या दी जाती हैं जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filled as a separate compilation,
MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS
(Legislative Department )
New Delhi , the 15th July , 1975/Asadha 24 , 1897 ( Saka )
THE MAINTENANCE OF INTERNAL SECURITY ( SECOND AMENDMENT ) ORDINANCE , 1975
No. 7 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 Act, 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 imme- diate 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. ( 1) This Ordinance may be called the Maintenance of Internal Secu- rity ( Second Amendment ) Ordinance, 1975.
Short title and commence- ment .
225 226
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
(2) Section 6 shall be deemed to have come into force on the 25th day of June, 1975 and the remaining provisions of this Ordinance shall be deemed to have come into force on the 29th day of June, 1975.
26 of 1971 .
Amend- of sec- tion 4.
2. In section 4 of the Maintenance of Internal Security Act , 1971 ( here- inafter referred to as the principal Act ) , for the words and figures " Code of Criminal Procedure, 1898 " , the words and figures " Code of Criminal Proce- dure , 1973 " shall be substituted.
5 of 1898 , 2 of 1974.
3. In section 7 of the principal Act,-
Amend.. of sec- tion 7.
5 of 1898.
2 of 1974.
(a) in clause ( a) of sub- section (1) , for the words and figures "Presidency Magistrate or a Magistrate of the first class having juris- diction in theplace where the said person ordinarily resides ; and there- upon the provisions of sections 87 , 88 and 89 of the Code of Criminal Procedure , 1898" , the words, figures and brackets "Metropolitan Magis- trate or a Judicial Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of sections 82 to 86 (both inclusive) of the Code of Criminal Procedure , 1973 " shall be substituted .
5 of 1898.
(b) in sub- section (2) , for the words and figures " Code of Criminal Procedure, 1898 " , the words and figures " Code of Criminal Procedure , 1973" shall be substituted.
2 of 1974.
4. In section15 of the principal Act, after sub - section (3 ) , the following sub - section shall be inserted, namely : ---
Amend- ment of section 15,
2of 1974.
"(3A) If the appropriate Government has reason to believe that any person who has failed to surrender himself in the manner speci- fled in sub - section (3 ) has absconded or is concealing himself, that Government may make a report in writing of the fact to a Metropoli- tan Magistrate or a Judicial Magistrate of the first class having juris- diction in the place where the said person ordinarily resides and thereupon the provisions of sections 82 to 86 (both inclusive ) of the Code of Criminal Procedure , 1973, shall apply in relation to such person as they apply in relation to a person who has absconded or is concealing himself so that a warrant issued by the Magistrate cannot be executed ." .
5. In section 16A of the principal Act , inserted therein by the Main- tenance of Internal Security ( Amendment ) Ordinance , 1975,-
Ord . 4 of 1975.
Amend- ment of section 16A.
(a) in sub- section (2 ) , for the words "every person against whom an order of detention was made " , the words and brackets "every person (including a foreigner ) against whom an order of deten- tion was made under this Act " shall be substituted;
(b) in sub-section ( 3 ) , after the words "an order of detention under this Act against any person " , the brackets and words " ( includ- ing a foreigner) " shall be inserted;
(c) for sub - sections (6) and (7) , the following sub-sections shall be substituted, namely:-
'(6) In the case of every person detained under a detention order to which the provisions of sub -section (2 ) apply , being a THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 1 ]
227
person the review of whose case is pending under that sub-- section or in respect of whom a declaration has been made under that sub - section ,-
(i) sections 8 to 12 shall not apply ; and
(ii) section 13 shall apply subject to the modification that the words and figures " which has been confirmed under section 12 " shall be omitted.
(7) In the case of every person detained under a detention order to which the provisions of sub- section (3 ) apply , being a person in respect of whom a declaration has been made under that sub- section,-
(i ) section 3 shall apply subject to the modification that for sub -sections (3 ) and (4 ) thereof, the following sub -section shall be substituted , namely : -
" (3) When any order of detention is made by a State Government or by an officer subordinate to it, the State Government shall , within twenty days , forward to the Central Government a report in respect of the order.";
( ii ) sections 8 to 12 shall not apply ; and
(iii ) section 13 shall apply subject to the modification that the words and figures " which has been confirmed under section 12 " shall be omitted .' .
Insertion
section 18.
6. Section 18 of the principal Act shall be re - numbered as section 19 thereof and before that section as so re - numbered, the following section of new shall be inserted , namely:-
"18. No person (including a foreigner ) detained under this Act Exclus- shall have any right to personal liberty by virtue of natural law or common law , if any ." .
ion of common law or natural law rights, if any.
Saving .
Ord. 4 of 1975.
7. Anything done or any action taken under the principal Act , as am- ended by the Maintenance of Internal Security (Amendment) Ordinance , 1975, shall be deemed to have been done or taken under the principal Act as amended by that Ordinance and this Ordinance .
FAKHRUDDIN ALI AHMED, President .
K. K. SUNDARAM, Secy , to the Govt. of India.
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS , MINTO ROAD, NEW DELHI, AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELH' , 1975