Page:Preventive Detention Act, 1950 on Gazette of India.pdf/3

THE GAZETTE OF INDIA EXTRAORDINARY (2) Nothing in sub-section (1) shall require the authority to disclose facts which it considers to be against the public; interest to disclose.

8. Constitution of Advisory Boards.—(1) The Central Government and each State Government shall, whenever necessary, constitute one of more Advisory Boards for the purposes of this Act.

(2) Every such Board shall consist of two persons who are, or have been, or are qualified to be appointed as, Judges of a High Court, and such persons shall be appointed by the Central Government or the State Government, as the case may be.

9. Reference to Advisory Boards.—To every case where a detention order has been made under sub-clause (iii) of clause (a), or clause (b), of sub-section (1) of section 3, the Government making the order, or if the order has been made by an officer specified in sub-section (2) of section 3, the State Government to which such officer is subordinate, shall, within six weeks from the date of detention under the order, place before an Advisory Board constituted by it under section 8 the grounds on which the order has been made and the representation, if any made by the person affected by the order, and in case where the order has been made by an officer, also the report made by such officer under sub-section (3) of section 3.

10. Procedure Of Advisory Boards.—(1) The Advisory Board shall, after considering the materials placed before it and, if necessary, after calling for such further information from the Central Government or the State Government or from the person concerned, as it may deem necessary, submit its report to the Central Government or the State Government, as the case may be, within ten weeks from the dale of detention under the detention order.

(2) The report, of the Advisory Board shall specify in a separate part thereof the opinion of the Advisory Hoard as to whether or not there is sufficient cause for the detention of the person concerned.

(3) Nothing in this section shall entitle any person against whom a detention order has been made to attend in person or to appear by any legal representative in any matter connected with the reference to the Advisory Board, and the proceedings of the Advisory Board and its report, excepting that part of the report in which the opinion of the Advisory Board is specified, shall be confidential.

11. Confirmation of detention order.—In any case where the Advisory Board has reported that there is in its opinion sufficient cause for the detention of the person concerned, the Central Government or the State Government, as the ease may be, may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit.

12. Duration of detention in certain cases.—(1) Any person detained in any of the following classes of cases or under any of the following circumstances may be detained without obtaining the opinion of an Advisory Board for a period longer than three months, but not exceeding one year from the date of his detention, namely, where such person has been detained with a view to preventing him from acting in any manner prejudicial to—
 * (a) the defence of India, relations of India with foreign powers or the security of India; or
 * (b) the security of a State or the maintenance of public order.

(2) The case of every person detained under a detention order to which the provisions of sub-section (1) apply shall, within a, period of six months from the date of his detention, be reviewed where the order was made by the Central Government or a. State Government, by such Government, and where the order was made by any officer specified in sub-section (2) of section 3, by the