THE AHUNACHAL PRADESH UNLAWFUL ACTIVITIES
(PREVENTTON) ACI 2014
(ACT NO. 12 OF 2014\ (Feceived the assent of the Governor on 5lh September, 2014 and published in the Arunacal Pradesh E.O. Gazette No 168, Vol. XXI dated 8th september, 2014)
An
Act
to provide for more eftective prevention of certain unlaw'ful activities of individuals and associations and matters connected therewith. BE it enacted by the Legislature of the S]ate of Arunachal Pradesh in the SixtyJifth year of the Republic of lndia, as follows :-
1 . (1) Thls Act may be called the Arunachal Pradesh Short title, Unlawful Activities (Prevention) Act, 2014. Extent and
(2) lt extends to the whole of the Slate of Arunachal commence- Pradesh. ment'
(3) lt shall come into force on such date, as the State Government by notilication, in the Official Gazette appoint.
2. ln this act unless the context otherwise requires : Definitlon.
(i) "Advisory Board means the Board constituted under section 9.
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i i Bf,ul,aJ( i. : , ,1:ru .j j(. r manutactures, stores. iranspoiis Oi' il!(es arva'/, imports, exports, sells cr diskibutes any l;quor intoxication drug or other intoxicaling substances in contravention of any of the provisicns contained in any law for the lirne-being j: iorce, or kno\./ingly spends or utilizes money or gives suppcrt or gives aid to do any of the fratte(s mentioned abcve. by any person or through any person by providino any animal. vehicle. vessel, other conveyance or any tank, any Dther articles whatever it may be. or the person whc abets tc d0 any such mader in any manner.
(iii) "Close relative" means spouse. parents, childien or sibilate and first Cegree blcoi relalive of srrch person and include the children or spouses of such persons.
(iv) "Habitual Depredator oi environrnent" means a person who, by any direct act by which he derives pecuniary or commercial benefit, commits an offence under any law relating to proteclion cf environment or rivers or under any law relating to sand mining from any place or under any law relating to quarrying or mining. or who commits or abets the commission of offences punishable under any law relating t0 conservation of iorests or wild life.
(v) "Detention Order" means an Order made under section 3.
(vi) "Habitual Drug Otfender" means a person. who illegally cuitivales, manutactures, stocks. transport, sells or distributes any drugin contravention of the Narcotic Di'ugs and Psychotropic Substances Act 1985 (Central Act 61 of 1985) or in contravention of any other lavr for the time being in force. or who knowingly does anything abetting or lacilitating any such activity.
(vii) "lmmoral Tfafic Offendei means a perscn who commits or abets the commission of any offence under the immoral Trafiic (Prevention) Act, 1956 icentral Act 104 of 195ij).
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l:t/
(viii) 'Unlavyiui Person means a person who induiges in any uniawful activity cr promote or ateis anv illegal organization/activit;es declarecj as prohibiled by the State, which are harmfui to maintenance cl the public order or supply of daily services and goods to public either directly or indirectly.
(;x) "Dangerous person",'neans a person, !,vhc eithe:
by hirnselt or as a membgr or leader of a qanE. during a pe.iod cf three su.cessive years nabitually commits, or attempts the commission of any of the oflences punishable unoer Chapter XVi or Cirapter XVr! of thelndian PenalCodeor any of the otfences punishable under Chapter V of the Acl 1959 i54 ol 1959).
(x) "Person'- means a ierscn meriioneo in seciirr, 6 of the Act.
ixi) "Froperty grabber" means a person who iile.oaily takes posse$ion. eitner lor himself or cn behalf cf others, ot any movable or immovable propgrty beionging to Government or Governnrent owned institutrons orof any person and includes a person who creales illegal tenancies or lease or license or agreements or any other agreements, express or implied, in respect of such properties, or who knowingly gives linancial aid to any person for taking illegal possession of such properties or construction of unauthorized structures thereon or who attempts to collect from any possessors of properties, rent compensation or other charges by criminal intimidation or who evicts or attempts to evict any such possessors by force without resorting to the lawtul procedure or who abetsin any manner such activities.
(xli) "Unlawful activity" means acting in such a manner so as to cause or likely to cause directly or indirectly, any leeling of insecurity, danger or lear among the generai public or any section thereof or any danger to the safety ol individuals, safety ol public, public health or the ecological system or disruption ol daily supplies and essential services to public or any loss or damage to public
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Powers to make Orders detaining a certain person
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158
exchequer or to any public or privale property cr enforce on general public actrvrties declared as illegal by the State or prohibited by State Government under sectjon 144 of CrPc or any other order for the time being in force such as Bandh through intimidation or psychological fear or threat and causing actual damage to public or private property.
(xiii) "State" means the State of Arunachal Pradesh.
(xiv) "State Government" means the State Government ol Arunachal Pradesh.
(1) State Government or any Officer of the State Government not below the rank of a Secretary to the State Government ora District lvlagistrate may if satisfied with respect to any person who is Bootlegger, Habitual Depredator of Environment, Habitual drug oflender, Property Grabber, Dangerous Persons, UnlaMul persons associated with unlawful activities may make an order directing such person to be detained with the view to preventing him lrom acting in any manner prejudicial to the security of the State, or maintenance of Public Order or maintenance of daily supplies and services essential to the public.
(2) When any order is made under the preceding sub- section by any officer mentioned herein, he shall forthwith report the fact to the State Government together with the ground on which the order has been made and such other pa(iculars as in his opinion have a bearing on the matter and no such order shall remain in force more lhan'12 days after making the order unless in the mean time it has been approved by the State Government. Provided that where under section 8, the ground ol detention are communicated by the officer making the order after 5 days but not later than 10 days from the date of detention the validity of detention order shall be for 15 days. Explanation -Fot lhe purpose ol thts sub-section a person shall be deemed to be "acting in any manner prejudicialto maintenance of Public ordel' when such person is engaged in or is making
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preparation for engaging in any activity which will affect adversely or is likely to affect adversely the maintenance of public order or daily supplies of g00ds and services to public. Further, for the purpose of this section, public order is deemed to have been affected adversely or public order is deemed to likely have been affected adversely, inter alia, if any of the activities of any person referred to in this sub-section directly or indirectly is causing or is likely to cause any harm, danger or alarm or feeling of insecurity among the general public or any section thereof or a grave or widespread dangerto life, property or public health.
4. (1) A detention ordermay be executed at any place in the State in the manner provided for the execution of warrant of arrest under the Code of Criminal Procedure, 1973.
(2) Every person in respect to whom detention order has been made shall be liable-
(i) To be detained in such place and under such condition including conditions as to maintenance, discipline and punishment lor breaches of discipline as the State Government may, by general or specialorder. specify ; and
(ii) To be removed from one place of detention to another place of detention within the State ofArunachal Pradesh bythe order ofthe State Government.
5. When a person has been detained in pursuance of an order of detention under seclion 3 which has been made on two or more grounds. such order of detention shall be deemed to have been made separately on each ground and accordingly, such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are
(i) Vague,
(ii) Non-existent,
(iii) Not-relevant,
(iv) Not connected or not proximately connected with such person, or
(v) lnvalid for any other reason whatsoever. Execution of
detention
order, places
of detention
and powers
to regulate
piace and
condition of
detention.
Detention not to be invalid or inoperative cn certain grounds.
Power in
relation to absconding persons.
Grounds of order deten- tion to be disclosed to person
affected by the order.
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6. No detention order shall be invalid or inoperative merely by tne reason thal.-
(1) That the person to be detained under thereis outside the limit of the territorial Jurisdiction of the oFficer nraking the order.
(2) That the place of detention of such person is outside the said iimits.
7.(1 ) lf the State Government or the otticef makingr order under sub-section (1) of section 3 has tfE reason to believe that a person in respect of whon a detention order has been made has abscondel or is concealing himself so that the order cannat be executed, in that case,
(a) The provisions ot section 82.83, 84 and 85 ol the Code ol Crirninal Procedure. 1973 shall apply in respect of the said person anc his Property as if the order directing thath€ be detarned were a warrant issued by th€ l\,1ag istrate .
(b) By order direct the said person to appear before such ofticer at such place and within such period as may be specified in the order, and if the said person fails to complywith such direction he shall, unless he proves that it was not possible lor him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts. be punishable with imprisonment for a lerm which may extend to one year, or with fine ot Rupees lilty thousand or with both.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence under clause(b) of sub-section (1) shall be cognizable.
8. (1) When a person is detained in pursuance of a detention order, the authority making the order shall as soon as may be. but ordinarily not later than five days and in exceptional circumstances and tor reasons to be recorded in writing not later than ten days from the date of detention, communicate to him and his close relatives the grounds on which the order has been made and
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(2\ e(1) \2)
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shall affordhim the earliest opportunity of making a representation against the order to the state Government.
Nothing in sub-section(1) shall require the authority to disclose lacts which it considers to be against the public interest to disclose.
The State Governnrent shallconstitute one or more Advisory Boards for the purposes ol this Act. Every such Board shall consist of a Chairman who shall be a retired Judge of the High Court duly recommended by the Chiel Justice of High Court and of not less than two other members who shail be appointed by the State Governmenl.
10. In every case where a detention order has been macje Lrnder this Act the State Government shall within three weeks from the date of detention oI a person under the order. place before the Advisory Board. the grounds on which the order has been made and the representation, il any. made by the person atfected by the order. and in case where the order has been made by an oflicer referred to in sub-section (1) of section 3. also the report by such otficer under sub' section (2) ol thal section.
11. (1) The Advisory Board shall after considering the materials placed before it and after calling for such further information as it may deem necessary from the State Government or from any person called for the purpose through the State Government or from the person concerned and if in any particular case, it considers it essential so to do or if the person concerned desires to be heard after hearing him in person, submit its report to the State Government within seven weeks from the date ol detention of the person concerned.
(2) The report of the Advisory Board shall specifyina separate part thereof the opinion ot the Advisory Board as to whether or not thereis sufficient cause for the detention of the person concerned.
(3) When there is a difterence ol opinion among the members of the Advisory Board the opinion of the majority of such members shall be deemed to be the opinion of the Board.
Constitution
of Advisory
Board.
Reference to
Advisory
Board.
Procedure of
Advisory
Board.
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Action upon the report of Advisory
Board.
l\,4aximum period of detention. Temporary release of person
detained. Revocation or modification of detention
order.
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(4) Nothing in this section shall entitle any person against whom a detention order has been made to appear by any legal practitioner in any matter connected with the reference to the Advisory Board.
(5) The proceedings of the Advisory Board and the report ol the Advisory Board excepting that part of the report in which the opinion of the Advisory Board is specilied shall be confidential.
12. (1) ln any case where theAdvisory Board has reported that there is in its opinion sufficient cause for the delention of a person, the State Government may confirm the detention order and continuethe detention of the person concerned for such period as it thinksfit.
(2) ln any case where the Advisory Board has reported that there is in rts opinion no suflicient cause lor the detention of the person concerned, the State Government shall revoke that detention order and cause the person to be released forthwith. '13. The maximum period for which any person may be detained in pursuance of any detention order $/hich has been confirmed under section 12 shall be six months from lhe date of detention.
Provided that nothing containedin this section shall aflect the power of the State Government to revoke or modify the detention order at any earlier time.
14. (1) A detention order made by any olficer may, at any time, be revoked or modified by the State Government.
(2) The revocation or expiry of a detention order shall not bar for making of a fresh detention order under section 3 against the same person in any case where fresh facts have arisen after the date of revocation or expiry on which the State Government or an otficer, as the case may be,is satislied that such an order should be made.
15. (1) The State Government may, at any time, direct that any person detained in pursuance ol a detention order may be released lor any specified period either without conditions or upon such conditions speciliedin the direction as that person accepts and may, at any time, cancel his release.
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(2) ln directing the release of any person under sub- section ('l ), the State Government may require him to enter into a bond with or without sureties for the due observance of the conditions specified in the direction.
(3) Any person released under sub-section (l) shall surrender himself at the time and place to the authority, speciliedin the order directing his release or canceling his release, as the case may be.
(4) lf any person fails without sufficient cause to surrender himself in the manner specified in sub- section (3), he shall be punishable with imprisonment for a term which may extend to two years, or with fine of Rupees Two Thousand or with both.
(5) lf any person released under sub'section(1) lails to fulfill any of the condition imposed uponhim under the said sub-section orin the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof.
16. No suit, prosecution or other legal proceedings shall lie against the State Government or any officer of the State Government or any other person, for anything done in good faith or intended to be done in good laith in pursuance of this Act.
17. Whoever. knows or has reason to believe that an order against any person has been made under section 3 or section 15, harbors' or conceals such person, shall be punished with imprisonment lor a term which shall not be less than three months butmay extend to one year or fine of rupees fifty thousand.
18.('1 ) The government may, not inconsistent with this Act make rules lor all or any of the provisions lor carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be Protection of
action takenin
good faith.
Punishmeni
for concealing
pers0ns
ordered to be
detained.
Power to
make rules -
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comprised in one session or in lwo successive sessio|is. andl belore the expiry of the session in which they are so laid Assemt)i, agrees an making any modilicalionin the rule or decides lhat the rule should not be made, the rule shall thereafter have eiii't only in such modilied form or be of no etfecl, as the cas3 m:)' be. so however that any such modification or annulment shall be without prejudice to the validity of anything previously done unde. that rule.
C.P Mansar
Secretary to the
Government of Arunachal Praili.sh.
Itanagar.