Page:Maintenance of Internal Security Act, 1971 on Gazette of India.pdf/3

 SEC. 1] the order has been made and such other particulars as in the opinion of the State Government have a bearing on the necessity for the order.

4. A detention order may be executed at any place in India in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1898.

5. Every person in respect of whom a detention order has been made shall be liable-
 * (a) to be detained in such place and under such conditions, including conditions as to maintenance, discipline and punishment  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:

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-
 * (a) that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the Government or officer  making the order, or
 * (b) that the place of detention of such person is outside the said limits.

7. (1) If the Central Government or the State Government or an 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 cannot be executed, that Government or officer may-
 * (a) make a report in writing of the fact to a Presidency Magistrate or a Magistrate of the first 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 fails to comply with such direction he shall, unless he proves that it was not