Section 5 of The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980
Every person in respect of whom a detention order has been made shall be liable--
- (a)to be detained in such place and under such conditions, including conditions as to maintenance, discipline and punishment for breaches of discipline, as the appropriate Government may, by general or special order, specify; and
- (b)to be removed from one place of detention to another place of detention, whether within the same State or in another State, by order of the appropriate Government: Provided that no order shall be made by a State Government under clause (b) for the removal of a person from one State to another State except with the consent of the Government of that other State.
Summary
- This section gives the appropriate Government the power to decide where a detained person is kept and under what rules they must live.
- It covers rules about the detainee's daily upkeep, required behavior, and punishments if they break jail discipline.
- It allows the government to move a detainee from one detention facility to another, even if the new location is in a completely different state.
- It restricts State Governments from moving a detainee to a different state unless the receiving State Government agrees to it.
Practical examples
FAQ
1. Who decides the place and conditions of detention under Section 5 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980?
Under Section 5 of this essential commodities law, the appropriate Government specifies the place and conditions of detention, including rules on discipline and maintenance, by issuing a general or special order.
2. Can a detainee be moved to a different state under Section 5 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980?
Yes, under Section 5 of this anti-blackmarketing Act, the appropriate Government can order the removal of a detainee from one state to another, subject to state consent rules.
3. What restriction applies when a State Government wants to transfer a detainee to another state under Section 5 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980?
Under Section 5 of this supply maintenance Act, a State Government cannot transfer a detainee to another state unless the government of that receiving state consents to the transfer.
Test yourself
Q1.Under Section 5 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, what matters can the appropriate Government specify regarding a person's detention?
Q2.Under Section 5 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, what is required before a State Government can transfer a detainee to a jail in another state?
Q3.Under Section 5 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, how can the appropriate Government specify the conditions and place of detention?
Q4.Under Section 5 and Section 2 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, who has the power to specify the place of detention for a person detained under an order made by a State Government officer?