17. Act not to have effect with respect to detentions under State laws.—
(1) Nothing in this Act
shall apply or have any effect with respect to orders of detention, made under any State law, which are in
force immediately before the commencement of the National Security Ordinance, 1980 (11 of 1980), and
accordingly every person in respect of whom an order of detention made under any State law is in force
immediately before such commencement, shall be governed with respect to such detention by the
provisions of such State law or where the State law under which such order of detention is made is an
Ordinance (hereinafter referred to as the State Ordinance) promulgated by the Governor of that State and
the State Ordinance has been replaced—
(i) before such commencement, by an enactment passed by the Legislature of that State, by such
enactment; or
(ii) after such commencement, by an enactment which is passed by the Legislature of that State
and the application of which is confined to orders of detention made before such commencement
under the State Ordinance, by such enactment,
as if this Act had not been enacted.
(2) Nothing in this section shall be deemed to bar the making under section 3, of a detention order
against any person referred to in sub-section
(1) after the detention order in force in respect of him as
aforesaid immediately before the commencement of the National Security Ordinance, 1980 (11 of 1980),
ceases to have effect for any reason whatsoever.
Explanation.—For the purposes of this section, “State law” means any law providing for preventive
detention on all or any of the grounds on which an order of detention may be made under sub-section
(2)
of section 3 and in force in any State immediately before the commencement of the said Ordinance.
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