Meghalaya Preventive Detention Act, 1995
No: 5 Dated: May, 12 1995
THE MEGHALAYA PREVENTIVE DETENTION ACT, 1995
ACT No. 5 OF 1995
An Act To provide for preventive detention in certain cases and for matters connected therewith Be it enacted by the Legislature of Meghalaya in the Forty-sixth Year of the Republic of India as follows:-
1. Short tit le, e xtent and commencement- (1) This Act may be called the Meghalaya Preventive Detention Act, 1995
(2) It extends to the whole of the State of Meghalaya.
(3) It shall be deemed to have come into force on the 6th October, 1994
2. Definitions- In this Act, unless the context otherwise requires:-
(a) “advisory Board” means the Advisory Board constituted under section 10;
(b) “Code” means the Code of the Criminal Procedure, 1973;
(c) “detention order” means an order made under Section 3;
(d) “Government” or “State Government” means the Government of the State of Meghalaya;
(e) “Section” means a section of this Act; and
(f) “State” means the State of Meghalaya.
3. Power to make detention order- (1) The State Government or a District Magistrate may, if he is satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the security of the State or to the maintenance of public order or of supplies and services essential to the community it is necessary so to do, make an order directing that each person be detained.
(2) The Powers under sub-section (1) may also be exercised by such officer of the State Government not below the rank of a Secretary (hereinafter referred to as empowered officer as may be specially empowered by it in this behalf.
(3)When a detention order is made under this section by a District Magistrate or by the empowered officer such District Magistrate or officer, as the case may be, shall forthwith report the fact to the State Government together with the grounds on which the order has been made and such order particulars as in his opinion have a bearing on the matter and no such order shall remain in force for more than twelve days after the making thereof unless in the mean time it has been approved by the State Government:
Provided that where the grounds of detention are communicated under section 8 to the person detained after five days not after later than ten days from the date of detention, this sub-section shall poly subject to the modification that for words “twelve days” the words “fifteen days” shall be substituted.