Constitution of Advisory Board

(1) The State Government shall, whenever necessary, constitute one or more Advisory Boards for the purposes of this Act. (2) Each Advisory Board shall consist of a Chairman and such other members as the State Government may appoint, and the Chairman shall be a person who is or has been a Judge of a High Court or is a retired District and Sessions Judge. (1) If the State Government or an officer authorized by it 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, it may: (a) make a report in writing of the fact to a Magistrate of the first class having jurisdiction in the area where the said person ordinarily resides; (b) by order notified in the Official Gazette, direct the said person to appear before such officer within such period as may be specified in the order. (2) Any person who fails to comply with an order issued under sub-section (1) 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. (1) In the event of the District Magistrate being satisfied in respect of any person that he is acting in any manner prejudicial to the maintenance of public order, he may, if he feels satisfied that such person is creating such a situation that it is not possible to initiate a legal proceeding, initiate the following action against him— (i) Anti-social (ii) Anti-social-element (iii) Habitual (iv) Any person who is committing any such act which is causing a threat to the life and liberty of the people (v) Such person who is involved in any such act where fear is created among the public. The District Magistrate shall ensure that if any such person is creating a public nuisance which is causing a threat to the life and liberty, then he may take such appropriate steps as he feels necessary or may direct the police officer to initiate action. (2) The District Magistrate may, if he is satisfied that such anti-social element is creating a situation in which the life and liberty of the citizens are in danger, then he may take such appropriate steps as he feels necessary or may direct the police officer to initiate action. 1. The District Magistrate or the Commissioner may, for the purpose of_ a. Securing the.attendance of any person against whom an order is proposed to be made under Section 3 oi has been made but iti operation has been stayed under Section 6; or b. Securing the due observance of any direction, requirement, prohibition, restriction or condition specified in an'order .uJ" iri respect of any person under Section 3, Section 4, Section 5 or Section 6 require such person to enter into a bond, with or without sureties, and the provisions of the Code of Criminal pro."Jri", 1973 sha mutatis mutandis apply in relation to sucn Uona iiEey appry in reration to bonds executed or required to be executed under the said Code. 2. In particular, and without prejudge to the generality of the foregoing provisio ns: a. the District tvlagistrate while issuing notice to any person under sub-section (1) of section 3, may islue warrant foi his arrest with endorsement thereon of a direction in terms of the provisions of Section 71 of the said Code and the provisions of Sections 70 to g9 of the said Code shall, so far as may be apply in relation to suih warrant as if the District Magistrate were a Court; b. if any person who is required to execute a bond ior the observance of any direction, requirement, prohibition, restriction or condition fails to do so, he.shall be commifted to prison or, if he is utr"uJVln prison, be detained in prison until the period for which ihe direction, requirement, prohibition, restriction or condition is to operate or until the time he executes the bond with or withoui sureties, as- the case may be, in terms of the order, ana tne provisions of Sections Lfg, LZO, f27, !22, 123 and 124 of the said code shall m.utatis mutandis apply as if the District Magistrate or the Commissloner were a Court; c. Sections 445, 447 and 448 of the said Code shall rnufafls mutandis appry in reration to aI bonds executed under this section as if the District Magistrate or the Commissioner were a Court.