The Meghalaya Preventive Detention Act, 1995, Act No. 5 of 1995

The 12th May, 1995 
No. LL (B) 109/92/74- The Meghalaya Prevention Detention Act, 1995 (Act 5 of 1995) is 
hereby published for general information. 
MEGHALAYA ACT No. 5 OF 1995 
(Passed by the Meghalaya Legislative Assembly. Assented to by the Governor on the 
10th May, 1995. Published in the Extra-ordinary issue of the Gazette of Meghalaya, dated 12th 
May, 1995) 
THE MEGHALAYA PREVENTIVE DETENTION ACT, 1995 
An 
Act 
To provide for preventive detention in certain cases and for matters connected 
therewith 
Be it enacted by the Legislature of Meghalaya in the Forty-sixth Year of the Republic 
of India as follows:- 
1. Short tit le, e xtent and commencement- (1) This Act may be called the Meghalaya 
Preventive Detention  Act, 1995 
(2)It extends to the whole of the State of Meghalaya. 
(3)It shall be deemed to have come into force on the 6th October, 1994 
2. Definitions- In this Act, unless the context otherwise requires:- 
(a) “advisory Board” means the Advisory Board constituted under section 10; 
(b) “Code” means the Code of the Criminal Procedure, 1973; 
(c) “detention order” means an order made under Section 3; 
(d) “Government” or “State Government” means the Government of the State of 
Meghalaya; 
(e) “Section” means a section of this Act; and 
(f) “State” means the State of Meghalaya. 
3. Power to make detention order- (1) The State Government or a District Magistrate may, 
if he is satisfied with respect to any person that with a view to preventing him from acting 
in any manner prejudicial to the security of the State or to the maintenance of public order 
or of supplies and services essential to the community it is necessary so to do, make an 
order directing that each person be detained. 
(2)The Powers under sub- section (1) may also  be exercised by such officer of the State 
Government not below the rank  of a Secretary (hereinafter referred to as empowered officer 
as may be specially empowered by it in this behalf. 
 
 
(3)When a detention order is made under this section by a District Magistrate or by the 
empowered officer such District Magistrate or officer, as the case may be, shall forthwith 
report the fact to the State Government together with the grounds on which the order has been 
made and such order 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 
mean time it has been approved by the State Government: 
 Provided that where the grounds of detention are communicated under section 8 to the 
person detained after five days not after later t han ten days from the date of detention, this 
sub-section shall poly subject to the modification that for words “twelve days” the words 
“fifteen days” shall be substituted. 
4. Execution of detention order - A detention order may be executed at any place in India 
in the manner provided for executions of warrants of arrest under the code. 
5. 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 in under such conditions, including conditions as to 
maintenance, discipline and punishment for any breach of discipline, as the State 
Government may by general or special order specify; and 
(b) To be moved from one place of detention to another within the Sate or in a nother 
State by order of the State Government; 
Provided that no order shall be made under clause (b) for the removal of a person from 
the State to another State except with the consent of the Government of that other State. 
6. Detention Orders n ot t o b e invalid o r i noperative o n c ertain g rounds-No detention 
order shall be invalid or inoperative merely by reason- 
(a) That the person to be detained there under is outside the limits of the territorial 
jurisdiction of the authority making the order; or 
(b) That the place of detention of such persons is outside such limits. 
 
Explanation:-In this section and sections 7,8 and 9 the expression “authority making 
the order” means the State Government, the District Magistrate or as the case may be, the 
empowered officer exercising powers under sub-section (1) or sub-section (2) of section 3. 
7. Powers in relations to absconding persons - (1) If the authority making the order has 
reason to believe that the person in respect of whom a detention order has been made has 
absconded or is concealing himself so that the order cannot be executed, that authority 
may- 
 
 
 
 
 
(a)   Make a report in writing of the fact  to Deputy Commissioner or the Chief Judicial 
Magistrate or a Judicial Magistrate of the first class having jurisdiction in the place 
where the said person ordinarily resides and thereupon the provisions of section 
82,83,84 and 85 of the Code shall apply in respect of the said person and his property 
as if the detention order made against him was a warrant issued by a court;  
(b) By order notified in the Official Gazette direct the said person to appear before such 
officer 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 authority making the order of the reasons which rendered 
compliance impossible and of his whereabouts, be punishable with imprisonment for 
a term which may extend to one year or with fine or with both. 
(2)Not withstanding anything contained in the Code every offence under clause (b) of 
sub-section (1) shall be cognisable. 
8. Ground o f the de tention order t o b e d isclosed t o t he p erson d etained- (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, communication to such person 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 making the order to disclose facts 
which it considers to be against public interest to disclose. 
9. Ground o f t he detention severable- Where a person is detained in pursuance of a 
detention order which has been made on two or more grounds such detention order shall 
be deemed to have been made separately on such grounds and accordingly- 
(a) Small such order shall not be deemed to be invalid or inoperative merely because one 
or some of the grounds are- 
(i) Vaguet; 
(ii) Non-existent; 
(iii) Not relevant; 
(iv) Not connected or non proximately connected with such person; or 
(v) Invalid for any other reason what soever, and it is not therefore, possible to 
hold that the authority making the order would have been satisfied as provided 
in sub- section (1) of section 3 with reference to the remaining ground or 
grounds for making the detention order; and 
(b) The authority making the order shall be deemed to have made the detention order 
after being satisfied as provided in sub- section (1) of section 3, with reference to the 
remaining ground or grounds. 
 
 
 
10. Constitution of Advisory Boards- (1) The State Government shall, whenever necessary, 
constitute one or more Advisory Board for the purposes of this Act. 
 
(2)An Advisory Board shall consist of three persons who are or have been or are qualified 
to be appointed as Judges of a High Court and such persons shall be appointed by the 
State Government. 
 
(3)The State Government shall appoint one of the members of the Advisory Board who is 
or has been a Judge of a High Court to be its Chairman and the appointment as such 
Chairman of any person who is a Judge of a High Court shall be with the previous 
approval of the Chief Justice of that High Court. 
11. Reference to Advisory Board- Save as otherwise expressly provided in this Act where s 
detention has been made the State Government shall within three weeks from the date of 
detention of the person, place before the Advisory Board the ground on which the order 
was made and the representation , made by the person detained and, where the order has 
been made by a District Magistrate or by the empowered officer, also the report made by 
such District Magistrate or officer under sub-section (3) of section 3. 
12. Procedure of A dvisory B oards- (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 Government or any person called for the purposes through the 
Government or from the person detai ned, and if any particular case, it considers it 
necessary to do so or, if the person detained desires to be heard, after hearing him in 
person, submit its report to the Government within seven weeks from the dat e of 
detention of the concerned. 
(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. 
(3)When there is a difference of opinion among the member of Advisory Board the 
opinion of the majority of them shall be deemed to be opinion of the Board. 
(4)Nothing in this section shall entitle any person against whom detention order has been 
made to appear by any legal practitioner in any matter connected with the reference to  the 
Advisory Board. 
(5)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. 
13. Action upon the report of Advisory Board - (1) In any case where the Advisory Board 
reports that there is in its opinion, sufficient cause for the detention of the person, 
Government may confirm the detention order and contained, subject to the provision of 
section 14, the detention of the person for such period as its thinks fit.  
(2)In any case where the Advisory Board reports that there is, in its opinion no sufficient 
cause for the detention of the person, Government shall revoke the detention order and 
cause the person to be released forthwith. 
14. Maximum period of detention- 1In Section 14 of the Meghalaya Preventive Detention Act , 1995, 
(Act No.5 of 1995), for the words “one year” the words “three years” shall be substituted. 
Provided that nothing contained in this section shall effect the power of the Government to revoke or 
modify the detention order at any earlier time. 
  
15. Revocation of detention order - (1) Without prejudice to the provisions of section 35 of the 
Meghalaya Interpretation and General Clause Act, 1972 a detention order m ade by a District Magistrate or by 
the empowered officer may, at any time, invoked or modified by the State Government and, in case of a 
detention order made by the State Government or by the Central Government.  
 
(2) The revocation or expiry of a detention order shall not bar making of a fresh detention order against 
same person in any case where fresh facts have arisen after the date of such revocation or expiry and on which 
the State Government, a District Magistrate or empowered office, as the case may be, is satisfied that such an 
order should be made. 
  
16. Temporary release of detained- (1) 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 any condition or upon 
such conditions as may be specified in the direction and which that person accept and may also, at any time, 
cancel his release.  
 
(2) In directing the release of any person under sub- section (1) 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) Any person released under sub- section (1) shall surrender himself at such time and place and to 
such authority as may be specified in the order directing his release or, as the case may be cancelling his 
release. 
  
(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 w ith fine or 
with both. 
  
(5) If any person fails to fulfill any of the conditions as may be specified in the direction releasing him 
under sub-section (1) or in the bond entered into by him, the bond shall be declared to be forfeited and the 
person bound thereby shall be liable to pay penalty thereof. 
  
17. Protection of action taken in good faith - No suit, prosecution or other legal proceedings shall lie 
against the State Government or any person for anything which is in good faith done or intended to be done in 
pursuance of this Act. 
  
18. Repeal of Ordinance No. 1 of 1994- The Meghalaya Preventive Detention Ordinance, 1994 
(Ordinance No. 1 of 1994) is hereby repealed.   
 
 
           S.DYKES 
Under Secretary to the Govt. of Meghalaya 
                Law (B) Department 
 
 
 
 
THE UNDERLINED TEXT INDICATES THE INSERTION/SUBSTITUTION OF THE SUBSEQUENT 
AMENDMENTS TO THE MEGHALAYA PREVENTIVE DETENTION ACT, 1995  
                                                           
1 Substitued by Act 5 of 2003 Section 2. Earlier the words read as “The Maximum period for which any person may be detained in 
pursuance of any detention order which has been confirmed under sub-section (1) of Section 13 shall be one year from the date of 
detention”. 
(ACT NO. 5 OF 1995) 
AMENDED AND UPDATED UPTO THE YEAR ACT 5 2003. 
 

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