An Act to amend the Jammu and Kashmir Public Safety Act, 1978.
Be it enacted by the Jammu and Kashmir State Legislature in the Sixty-third Year of the Republic of India as follows:—
1. Short title and commencement.—
(1) This Act may be called the Jammu and Kashmir Public Safety (Amendment) Act, 2012.
(2) It shall come into force from the date of its publication in the Government Gazette.
2. Amendment of section 8, Act VI of 1978. In sub-section (3) of section 8 of the Jammu and Kashmir Public Safety Act, 1978 (hereinafter referred to as ‘the principal Act’), after clause (e), the following clause shall be inserted, namely:
“(f) “person” shall not include a citizen of India who has not attained the age of eighteen years for being detained under clauses (a) and (a-1) thereof.”
3. Amendment of section 13, Act VI of 1978. In sub-section (1) of section 13 of the ‘the principal Act’, for the words “communicate to him the grounds on which the order has been made”, the words “communicate to him, in the language which is understandable to him, the grounds on which the order has been made” shall be substituted.
4. Amendment of section 14, Act VI of 1978. In section 14 of ‘the principal Act’ after sub-section (3), following sub-section shall be added, namely:—
“(4) The Chairman and members of the Board shall hold the office for a period of three years which will be extendable for a further period of two years.”
5. Amendment of section 16, Act VI of 1978.—In sub-section (1) of section 16 of the ‘the principal Act’, for the words “eight weeks”, the words “six weeks” shall be substituted.
6. Amendment of section 18 in Act VI of 1978.—In section 18 of ‘the principal Act’, in sub-section (1), —
(i) in clause (a),—
(a) for the words “twelve months”, the words “three months in the first instance which may be extended up to twelve months” shall be substituted; and
(b) the words “or indulging in smuggling of timber; and” shall be deleted.
(ii) after clause (a), the following clause shall be inserted, namely:—
“(a-1) twelve months from the date of detention in the case of the persons indulging in smuggling of timber; and”; and
(iii) in clause (b) for the words “two years”, the words “six months in the first instance which may be extended up to two years” shall be substituted. |
