The Maharashtra Preventive Detention Act, 1970

In every case where a detention order has been made under this Act, the State Government shall, within thirty days from the date of detention under the order, place before the Advisory Board constituted by it under section 9 the grounds on which the order has been made and the representation, if any, made by the person affected by the order, and in the case where the order has been made by an officer, also the report by such officer under sub-section

1. (3) of section 3.

1. (1) The Advisory Board shall, after considering the materials placed before it and, after calling for such further information as it may deem necessary from the State Government or from any person called for the purpose through the State Government or from the person concerned, and if in any particular case it considers it essential so to do, or if the person concerned desires to be heard, after hearing him in person, submit its report to the State Government within ten weeks from the date of detention.
2. (2) The report of the Advisory Board shall specify in a separate part thereof the opinion of the Advisory Board as to whether or not there is sufficient cause for the detention of the person concerned.
3. (3) When there is a difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board.
4. (4) Nothing in this section shall entitle any person against whom a detention order has been made to appear by any legal practitioner 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.

1. (1) In any case where the Advisory Board has reported that there is in its opinion sufficient cause for the detention of a person, the State Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit.
2. (2) In any case where the Advisory Board has reported that there is in its opinion no sufficient cause for the detention of the person concerned, the State Government shall revoke the detention order and cause the person to be released forthwith.

The maximum period for which any person may be detained in pursuance of any detention order which has been confirmed under section 12 shall be twelve months from the date of detention.

1. (1) Without prejudice to the provisions of section 21 of the Bombay General Clauses Act, 1904, a detention order may at any time be revoked or modified by the State Government, notwithstanding that the order has been made by an officer mentioned in sub-section
2. (2) of section 3.
3. (2) The revocation or expiry of a detention order shall not bar the making of a fresh detention order under section 3 against the same person in any case where fresh facts have arisen after the date of revocation or expiry on which the State Government or an officer, as the case may be, is satisfied that such an order should be made.

1. (1) The State 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 or upon such conditions specified in the direction as that person accepts, and may at any time cancel his release.
2. (2) In directing the release of any person under sub-section (1), the State Government may require him to enter into a bond with or without sureties for the due observance of the conditions specified in the direction.
3. (3) Any person released under sub-section
4. (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.
5. (4) If any person fails without sufficient cause to surrender himself in the manner specified in sub-section (3), he shall, on conviction, be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
6. (5) If any person released under sub-section
7. (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 forefeited and any person bound thereby shall be liable to the penalty thereof.

No suit, prosecution or other legal proceeding shall lie against the State Government or any person for anything in good faith done or intended to be done in pursuance of this Act.

1. (1) The Maharashtra Preventive Detention Ordinance, 1969, is hereby repealed. Mah. Ord. XVI of 1969.
2. (2) Notwithstanding such repeal, anything done or any action taken (including any detention order made or deemed to have been made, notification issued or direction given or any other order made by or under the said Ordinance, shall be deemed to have been done, taken, issued or given, as the case may be, according to its tenor under the corresponding provision of this Act. Explanation.—In respect of any person detained before the commencement of the Ordinance, now repealed, and continued in detention thereunder; his detention shall not continue beyond the maximum period described in sub-section
3. (1) of section 11A of the Preventive Detention Act, 1950. IV of 1950.