Government.

Effect of order made by the Central Government, etc.- Any order made by the Central Government or the officer or authority authorised by it under section 16A in relation to a matter to which this Act or any rule made thereunder relates shall have effect, notwithstanding anything contained in any order made by the State Government or any other authority with regard to such matter.";

1. (d) in section 19, after the words "authorised by", the words "the Central Government," has been inserted;

1. (6) the Maintenance of Internal Security Act, 1971 (26 of 1971), shall have effect as if, -----
   • (a) in sub-section (2) of section 1, the words "except the State of Jammu and Kashmir" had been omitted and the following proviso had been inserted at the end, namely: ----- "Provided that every person in respect of whom an order of detention made under the Jammu and Kashmir Prevention Detention Act, 1964 (J.&K Act XIII of 1964) is in force immediately before the commencement of the Defence of India Act, 1971, shall continue to be governed by the provisions of that Act in respect of such detention as if this Act had not been extended to the State of Jammu and Kashmir:";
   • (b) in section 2, after clause (d), the following clause had been inserted, namely: -----

"(e) any reference in this Act to a law which is not in force in the State

of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.";

1. (c) in sub-section (2) of section 3, for the words, brackets, figures and letter "may, if satisfied as provided in sub-clauses (ii) and (iii) of clause (a) of sub-section (1),", the words, brackets and figure "may also, if satisfied as provided in sub-section (1)," had been substituted;
2. (d) in section 13, after the words "from the date of detention", the words and figures "or until the expiry of the Defence of India Act, 1971, whichever is later" had been inserted;
3. (e) after section 17, the following section has been inserted, namely: -----

'17A. Duration of detention in cases of detention on certain

grounds.-

1. (1) Notwithstanding anything contained in the foregoing provisions of this Act, during the period of operation of the Proclamation of Emergency issued on the 3rd day of December, 1971, any person (including a foreigner) in respect of whom an order of detention has been made under this Act, may be detained without obtaining the opinion of the Advisory Board for a period longer than three months, but not exceeding two years from the date of his detention in any of the following classes of cases or under any of the following circumstances, namely: -----
   • (a) where such person had been detained with a view to preventing him from acting in any manner prejudicial to the defence of India, relations of India with foreign powers or the security of India; or
   • (b) where such person had been detained with a view to preventing him from acting in any manner prejudicial to the security of the State or the maintenance of public order.
2. (2) In the case of any person to whom sub-section (1) applies, sections 10 to 13 shall have effect subject to the following modifications, namely: -----
   • (a) in section 10, for the words "shall, within thirty days", the words "may, at any time prior to but in no case later than three months before the expiration of two years" shall be substituted;
   • (b) in section 11, -----
     • (i) in sub-section (1), for the words "from the date of detention", the words "from the date on which reference is made to it" shall be substituted;
     • (ii) in sub-section (2), for the words "the detention of the person concerned", the words "the continued detention of the person concerned" shall be substituted;
   • (c) in section 12, for the words "for the detention", in both the places where they occur, the words "for the continued detention" shall be substituted;
   • (d) in section 13, for the words "twelve months", the words "three years" shall be substituted.'.