Power to make detention orders

(1) The State Government may, if satisfied that it is necessary so to do with a view to preventing any person from acting in any manner prejudicial to the maintenance of public order, make an order directing that such person be detained. Explanation.—For the purposes of this sub-section, 'acting in any manner prejudicial to the maintenance of public order' means for supporting any of the activities which affect adversely or are likely to affect adversely the maintenance of public order. (i) offence punishable under Chapter 16 of the Indian Penal Code, 1860 (45 of 1860); (ii) offence punishable under Section 506 or 509 of the said Code; and (iii) offence punishable under the Civil Rights Protection Act, 1955 (22 of 1955), and abetment of such offences. (2) On being satisfied as provided in sub-section (1), any of the following officers may also exercise the powers conferred by the said sub-section— (a) District Magistrate; (b) Additional District Magistrate, who has been specially empowered in this behalf by the State Government. (3) When an order is made under this section by an officer mentioned in sub-section (2), he shall forthwith report the fact to the State 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 fourteen days after the making thereof, unless in the meantime it has been approved by the State Government: Provided that where the grounds of detention are communicated by the authority making the order after five days but within ten days from the date of detention under Section 41, this sub-section shall apply with the modification as if for the words 'fourteen days' the words 'fifteen days' have been substituted.