(1) The Government may––
(a) if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to––
(i) the security of the 1[Union territory of Jammu and Kashmir] or the maintenance of the public order ; or
2[(ii) Omitted.]
3[(a-1) if satisfied with respect to any person that with a view to preventing him from––
(i) smuggling 4[timber or liquor] ; or
(ii) abetting the smuggling of 4[timber or liquor] ; or
(iii) engaging in transporting or concealing or keeping smuggled timber ; or
(iv) dealing the smuggled timber otherwise than by engaging in transporting or concealing or keeping in smuggled timber 5[or liquor] ; or
(v) harbouring persons engaged in smuggling of timber 5[or liquor] or abetting the smuggling of timber 5[or liquor] ; or
(b) if satisfied with respect of such person who is––
(i) a foreigner within the meaning of the Foreigners Act,
(ii) a person residing in the area of the 1[Union territory of Jammu and Kashmir] under the occupation of Pakistan,
that with a view to regulating his continued presence in the 1[Union territory of Jammu and Kashmir] or with a view to making arrangements for his expulsion from the 1[Union territory of Jammu and Kashmir],
it is necessary so to do, make an order directing that such person be detained.
(2) Any of the following officers, namely :––
(i) Divisional Commissioners,
(ii) District Magistrate,
may, if satisfied as provided in sub-clauses (i) and (ii) of clause 6[(a) or (a-1)] of sub-section (1), exercise the powers conferred by the said sub-section.
(3) For the purposes of sub-section (1),––
7[(a) Omitted.]
(b) “acting in any manner prejudicial to the maintenance of public order” means––
(i) promoting, propagating or attempting to create, feelings of enmity or hatred or disharmony on ground of religion, race, caste, community, or region ;
(ii) making preparations for using, or attempting to use, or using, or instigating, inciting, provoking or otherwise abetting the use of force where such preparation, using, attempting, instigating, inciting, provoking or abetting, disturbs or is likely to disturb public order ;
(iii) attempting to commit, or committing, or instigating, inciting, provoking or otherwise abetting the commission of, mischief within the meaning of section 425 of the 8[Indian Penal Code (45 of 1860)] where the commission of such mischief disturbs, or is likely to disturb public order ;
(iv) attempting to commit, or committing, or instigating, inciting, provoking or otherwise abetting the commission of an offence punishable with death or imprisonment for life or imprisonment of a term extending to seven years or more, where the commission of such offences disturbs, or is likely to disturb public order ;
9[(c) “smuggling” in relation to timber or liquor means possessing or carrying of illicit timber or liquor and includes any act which will render the timber liable to confiscation under *[Forest Act, Samvat 1987] or under the Jammu and Kashmir Excise Act, 1958, as the case may be ;]
10[(d) “timber” means timber of Fir, Kail, Chir or Deodar tree whether in logs or cut up in pieces but does not include firewood ;]
11[(e) “Liquor” includes all alcoholic beverages including beer ;]
12[(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].
(4) When any order is made under this section by an officer mentioned in sub-section (2), he shall forthwith report the fact to the Government together with the grounds on which the order has been made and such other 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 meantime it has been approved by the Government.
(a) if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to––
(i) the security of the 1[Union territory of Jammu and Kashmir] or the maintenance of the public order ; or
2[(ii) Omitted.]
3[(a-1) if satisfied with respect to any person that with a view to preventing him from––
(i) smuggling 4[timber or liquor] ; or
(ii) abetting the smuggling of 4[timber or liquor] ; or
(iii) engaging in transporting or concealing or keeping smuggled timber ; or
(iv) dealing the smuggled timber otherwise than by engaging in transporting or concealing or keeping in smuggled timber 5[or liquor] ; or
(v) harbouring persons engaged in smuggling of timber 5[or liquor] or abetting the smuggling of timber 5[or liquor] ; or
(b) if satisfied with respect of such person who is––
(i) a foreigner within the meaning of the Foreigners Act,
(ii) a person residing in the area of the 1[Union territory of Jammu and Kashmir] under the occupation of Pakistan,
that with a view to regulating his continued presence in the 1[Union territory of Jammu and Kashmir] or with a view to making arrangements for his expulsion from the 1[Union territory of Jammu and Kashmir],
it is necessary so to do, make an order directing that such person be detained.
(2) Any of the following officers, namely :––
(i) Divisional Commissioners,
(ii) District Magistrate,
may, if satisfied as provided in sub-clauses (i) and (ii) of clause 6[(a) or (a-1)] of sub-section (1), exercise the powers conferred by the said sub-section.
(3) For the purposes of sub-section (1),––
7[(a) Omitted.]
(b) “acting in any manner prejudicial to the maintenance of public order” means––
(i) promoting, propagating or attempting to create, feelings of enmity or hatred or disharmony on ground of religion, race, caste, community, or region ;
(ii) making preparations for using, or attempting to use, or using, or instigating, inciting, provoking or otherwise abetting the use of force where such preparation, using, attempting, instigating, inciting, provoking or abetting, disturbs or is likely to disturb public order ;
(iii) attempting to commit, or committing, or instigating, inciting, provoking or otherwise abetting the commission of, mischief within the meaning of section 425 of the 8[Indian Penal Code (45 of 1860)] where the commission of such mischief disturbs, or is likely to disturb public order ;
(iv) attempting to commit, or committing, or instigating, inciting, provoking or otherwise abetting the commission of an offence punishable with death or imprisonment for life or imprisonment of a term extending to seven years or more, where the commission of such offences disturbs, or is likely to disturb public order ;
9[(c) “smuggling” in relation to timber or liquor means possessing or carrying of illicit timber or liquor and includes any act which will render the timber liable to confiscation under *[Forest Act, Samvat 1987] or under the Jammu and Kashmir Excise Act, 1958, as the case may be ;]
10[(d) “timber” means timber of Fir, Kail, Chir or Deodar tree whether in logs or cut up in pieces but does not include firewood ;]
11[(e) “Liquor” includes all alcoholic beverages including beer ;]
12[(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].
(4) When any order is made under this section by an officer mentioned in sub-section (2), he shall forthwith report the fact to the Government together with the grounds on which the order has been made and such other 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 meantime it has been approved by the Government.
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”. 2. Omitted by Act XII of 1988, s. 2. 3. Clause (a-1) inserted by Act IV of 1985, s. 2. 4. Substituted by Act VIII of 2001, s. 2. 5. Substituted by Act VIII of 2001, s. 2. 6. Inserted by Act IV of 1985, s. 2. 7. Omitted by Act XII of 1988, s. 2.988, s. 2. 8. Substituted by S.O. 1229(E) dated 31.03.2020 for “Ranbir Penal Code”. 9. Clause (c) substituted by Act VIII of 2001, s. 2. * Now Indian Forest Act, 1927 (16 of 1927). 10. Clause (d) inserted by Act IV of 1985, s. 3. 11. Clause (e) inserted by Act VIII of 2001, s. 2. 12. Clause (f) inserted by Act VII of 2012, s. 2.