Page:Digitized version of Jammu and Kashmir Public Safety Act, 1978.pdf/14

 PUBLIC SAFETY ACT, 1978161 :Provided that in computing the maximum period for which a person against whom such fresh order of detention has been issued may be detained, the period during which such person was under the earlier order of detention shall be excluded.

20. Temporary release of persons detained.––(1) The Government may at any time order that a person detained in pursuance of detention order may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts and may at any time cancel his release.
 * (2) In directing the release of any person under sub-section (1), the Government may require him to enter into a bond with or without sureties for the due observance of the conditions specified in the direction.
 * (3) Any person released under sub-section (1) shall surrender himself 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 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 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 the penalty thereof.
 * [(6) The period of release shall not count towards the total period of

detention undergone by the person released under this section.]

21. Cognizance of offences under this Act.––(1) No Court shall take cognizance of any offence under this Act except on a report in writing made by a public servant.
 * (2) Notwithstanding anything contained in the Second Schedule to the Code, offences under this Act shall be cognizable and non-bailable.