Section 13 of The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980
The maximum period for which any person may be detained in pursuance of any detention order which has been confirmed under section 12, shall be six months from the date of detention: Provided that nothing contained in this section shall affect the power of the appropriate Government to revoke or modify the detention order at any earlier time.
Summary
- The absolute longest time a person can be kept under a confirmed detention order is six months.
- This six-month maximum period is calculated starting from the very first day the person was detained.
- The government still has the full authority to release the person or change the order at any point before the six months are up.
Practical examples
FAQ
1. What is the maximum time a person can be detained under Section 13 of the Prevention of Blackmarketing Act?
Under Section 13 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, the maximum period of detention is six months from the date the person was first detained.
2. Can the government release someone before the six-month limit under Section 13 of the Prevention of Blackmarketing Act?
Yes, under Section 13 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, the government retains the power to revoke or modify the detention order at any earlier time.
3. From when does the six-month detention limit start counting under Section 13 of the Blackmarketing Prevention Act?
Under Section 13 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, the six-month maximum period starts counting directly from the date the person was first detained.
Test yourself
Q1.Under Section 13 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, what is the maximum duration for which a person can be detained under a confirmed order?
Q2.Under Section 13 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, from which specific date does the maximum detention period begin to run?
Q3.Under Section 12 and Section 13 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, if the government confirms a detention order following a positive Advisory Board report, how is the duration of detention determined?
Q4.Under the proviso to Section 13 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, what early action can the appropriate government take regarding a confirmed detention order?