Section 12 of The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980
- (1)In any case where the Advisory Board has reported that there is in its opinion sufficient cause for the detention of a person, the appropriate Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit.
- (2)In any case where the Advisory Board has reported that there is in its opinion no sufficient cause for the detention of the person concerned, the appropriate Government shall revoke the detention order and cause the person to be released forthwith.
Summary
- If the Advisory Board reports that there is enough reason to detain a person, the government can confirm the order and keep them in detention.
- If the Board decides there is no sufficient reason, the government must cancel the detention order immediately.
- The government has no choice but to release the person straight away if the Board finds no sufficient cause.
- The government can decide how long to continue the detention if the Board approves it, within the limits of the law.
Practical examples
FAQ
1. What happens if the Advisory Board finds no sufficient cause for detention under Section 12 of the Prevention of Blackmarketing Act?
Under Section 12 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, if the Advisory Board reports that there is no sufficient cause, the government must revoke the detention order and release the person immediately.
2. Does the government have to release a person if the Advisory Board approves their detention under Section 12 of the Prevention of Blackmarketing Act?
No, under Section 12 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, if the Advisory Board finds sufficient cause, the government may confirm the order and continue the detention for any period it thinks fit, subject to legal maximum limits.
3. Can the government ignore the Advisory Board's recommendation to release a person under Section 12 of the Blackmarketing Prevention Act?
No, under Section 12 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, the wording is mandatory, stating the government shall revoke the order and release the person if the Board finds no sufficient cause.
Test yourself
Q1.Under Section 12 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, what must the government do if the Advisory Board finds no sufficient cause for detention?
Q2.Under Section 12 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, if the Advisory Board finds sufficient cause for detention, the government is authorized to:
Q3.Under Section 11 and Section 12 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, if the Advisory Board fails to submit its report on time, or if they find no sufficient cause, what is the ultimate outcome for the detainee?
Q4.Under Section 12 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, which entity has the final power to confirm the detention order after a supportive Board report?