(1) Without prejudice to the provisions of section 21 of the *[General Clauses Act, Samvat 1977], a detention order
may at any time be revoked or modified by the Government notwithstanding that
the order has been made by any officer mentioned in sub-section (2) of section 8.
(2) There shall be no bar to making of a fresh order of detention against a person on the same facts as an earlier order of detention made against such person in any case where––
(i) the earlier order of detention or its continuance is not legal on account of any technical defect ; or
(ii) the earlier order of detention has been revoked by reason of any apprehension, or for avoiding that such order of its continuance is not legal on account of any technical defect :
Provided that in computing the maximum period for which a person against whom such fresh order of detention has been issued may be detained, the period during which such person was under the earlier order of detention shall be excluded.
(2) There shall be no bar to making of a fresh order of detention against a person on the same facts as an earlier order of detention made against such person in any case where––
(i) the earlier order of detention or its continuance is not legal on account of any technical defect ; or
(ii) the earlier order of detention has been revoked by reason of any apprehension, or for avoiding that such order of its continuance is not legal on account of any technical defect :
Provided that in computing the maximum period for which a person against whom such fresh order of detention has been issued may be detained, the period during which such person was under the earlier order of detention shall be excluded.
* General Clauses Act, 1897.