The Jammu and Kashmir Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1988
(Act No. 25 of 1988)
LEGISLATIVE HISTORY 6
(a) committing or instigating any person to commit any offence punishable under the essential Commodities Act, 1955, or under any other law for the time being in force relating to the control of the production, supply or distribution of, trade and commerce in, any Commodity essential to the community; or
(b) dealing in any commodity
(i) which is an essential commodity as defined in the Essential Commodities Act, 1995, or
(ii) with respect to which provisions have been made in any such other law as is referred to in clause (a) with a view to making gain in any manner which may directly or indirectly defeat the provisions of that Act or other law's aforesaid.(2) Any of the following officers, namely
(a) Divisional Commissioners,
(b) District Magistrates;may also if satisfied as provided in sub-section (1), exercise the powers conferred by the said sub-section. (3) When any order is made under this section by an officer mentioned in sub-section (2), he shall forthwith report the fact to the Government together with the grounds on which the order has been made and such other 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 meantime it has been approved by the Government: Provided that where under section 8 the grounds of detention are communicated by the authority making the order after five days but not later than ten days from the date of detention, this sub-section shall apply subject to the modification that for words "twelve days" the words "fifteen days" shall be substituted. 3. Execution of detention orders. - A detention order may be executed at any place in the state in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, Samvat 1989. 4. Power to regulate place and conditions of detention. - 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 breach of discipline, as the Government may, by general or special order, specify; and
(b) to be removed from one place of detention to another place of detention by order of the Government5. Grounds of detention severable. - Where a place has been detained in pursuance of an order of detention under section which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly. -
(a) such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are-
(iv) not connected or not proximately connected with such person, or
(v) invalid for any other reasons whatsoever, and it is not, therefore, possible to hold that the Government or officer making such order would have been satisfied as provided in section 2 with reference to the remaining ground or grounds and made the order of detention.
(b) the Government or officer making the order of detention shall be deemed to have made the order of detention under the said section after being satisfied as provided in that section with reference to the remaining ground or grounds.6. Detention orders not to be invalid or inoperative on certain grounds. - No detention order shall be valid or inoperative merely by reason. -
(a) that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the officer making the order, or
(b) that the place of detention of such person is outside the said limits.7. Powers in relation to absconding persons. - (1) If the Government or an officer specified in sub-section (2) of section 2, as the case may be, has reason to believe that a person in respect whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, the Government or the officer may -
(a) make a report in writing of the fact to a Magistrate of the First class having jurisdiction in the place where the said person ordinarily resides and thereupon the provisions of the sections 87, 88, and 89 of the Code of criminal Procedure, Samvat 1989 shall apply 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 notified order direct the said person to appear before such office, 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 possible for him to comply therewith and that he had within the period specified in the order informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts be punishable with imprisonment for a term which may extend to one year or with fine or with both.Notwithstanding anything contained in the Code of Criminal Procedure, Samvat 1989, every offence under clause (b) of sub-section (1) shall be cognizable. 8. Grounds of orders of detention to be disclosed to persons affected by the order. - (1) When a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, but ordinarily not later than five days and in exceptional circumstances and for reasons to be recorded in writing, not later than ten days from the date of detention communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order to the Government. (2) Nothing in sub-section (1) shall require the authority to disclose facts which it considers to be against the public interest to disclose. 9. Constitution of Advisory Board. - (1) The Government shall, whenever necessary, constitute an Advisory Board for the purposes of this Act. (2) Such Board shall consist of the Chairman, who is or has been a judge of the Court, and two other members who are or have been qualified to be appointed as judges of High Court. [(3) The Chairman and the other Members of the Board shall be appointed by the Government on the recommendations of the Search-cum- Selection Committee consisting of the following : -
(a) Chief Secretary ........
(b) Administrative Secretary, Home Department ........
(c) Administrative Secretary, Department of Law, Justice and Parliamentary Affairs ........
(a) the earlier order of detention or its continuance is not legal on account of any technical defect; or
(b) the earlier order of detention has been revoked by reason of any apprehension, or for avoiding any challenge that such order or its continuance is not legal on account of any technical defect; orProvided 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 detention under the earlier order of detention shall be excluded 15. Temporary release of persons detained. - (1) The Government may, at any time, direct that any person detained in pursuance of a detention order may be released for any specified period either without conditions 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 bound 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 sufficient 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 pay the penalty thereof. (6) The period of release under section shall not count towards the period of detention undergone by the person. 16. Protection of action taken in good faith. - No suit or other legal proceeding shall lie against the Government, and no suit, prosecution or other legal proceedings shall lie against any person, for anything in good faith done or intended to be done in pursuance of this Act. 17. Repeal. - The Jammu and Kashmir Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1986 (Governor's Act No. XII of 1986) is hereby repealed.