Assam act 005 of 1980 : The Assam Preventive Detention Act, 1980

222 .1..dE ASSAM GAZETTE, EXTRAORDlNARY. JULY ,19 190S ·----.- - ---------~-- .... ~- ·- .. """' President's Act No.5 of 1980

THE ASSAM PREVENTIVE DETENTION ACT, 1980

Recei·ved the assent of the P resident on 19th July, 1980. Enacted by the President in the_ Thirty-first Year of the Republic of India.

An

Act

to provide for preventive detention in certain cases and matters connected therewith.

Short title

and extent.

Definition s

,

In exercise of the powers conferred bv section 3 of the Assam State Legisla- ture (Delegation of Powers) Act, 1980, the Presiden t is pleased to eriact as follows :-

1. (1) This Act may b e called the · Assam Preventive Detention Act, 1980.

(2) It extends t o the whole of the State of Assam . \.,.,.,"'

2. In this Act, unless othe~·wise requires,- . ,,. the context

(a) "Aclvisory Board" m eans the Board constituted under section 9 ~

(b) ''detention order" means an order made under section 3 ;

(c) "State" means the State of Assam;

(d) "State Government" m ean s the State Govern ment of Assam. Power 10 '"> (1) T'· St t G t maKe ord'ers ,), J1e a e OVernmen Or an y

Governrnent, or a District Ma~istrate

may, if satisfied with r espect to any per-

son that with a view to preven tin g him

u .r 1'1!!.

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TRE ASSAM 0AZE'I"rE, EXTRAORDINA RY .JULY. 19, 1980 223 .• ·.

from acting in anv manner preiudicial to the securitv of the · State, the maintenance of public order or the maintenance of

supplies and services essential to the com- munity, it is necessarv so to do, make an order directing that such person be

detained:

Provided that no order of detention

shall be made under this sub-section with respect · to any person with a view to preventing him ·from acting in any man- ner preiudicial ·to the maintenance of su-pplies of commodities essential to the community, and for the purposes of this P.roviso. the expression "acting in any manner preiudicial to the maintenance

oi supplies of commodities ·essential to th~ community" shall have the same mean- ing as in the Explanation to sub-section (1) of section 3 of the Prevention of Black- marketing and Maintenance of Supplies

Ccatra!Act f E t " 1 C d" . A t 1980 · er 1, 10. .o ssen ia ommo l ties c -, . ; ~J'.'·

(2) When anv order is made under t11e preceding sub-section bv any officer rr~entioned therein, he shall forthwith report the fact to the State Government together with the grounds on which the · order has been made and such other particulars as in his opinion hav P a bear- ing on .the matter, and no such order shall remain in force for more than twelve davs after the making thereof unless in the meantime it has been ap- proved by the State Government:

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> Provided that where under section 8 the grounds of detention are communi- cated bv the officer maldng the order after five davs but not later than ten davs from the date of detention. this sub-section shall applv subiect to the modification that. for the words "twelve day.s", thp words "fifteen days'' shall be su bsti tu ted.

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4'. A detention order may be ·execut"' · Executi o 'fl or de1ention order, ed at any place in India in the manner

provided for the execution of. warrants · ·

of arrest under the Code of Criminal·· CcnitalAd 2 ef 1974· Procedure, 1973.

Powers to 5 E · 't ·f · h r egu lat e . very person in respec 0 w om plac , and a detention order has been made shah be condi ~ons ofliable-

dctentton .

(a) to be detained in such place ,, and under such conditions, including · conditions as to maintenance, disci- · pline and punishment for breaches · · of discipline, as the State · Govern- ment may, by general or special order. specify; and

(b) to be removed from · one place · of detention to another place of detention, wh~ther within the State:· of Assatn or in another State, by order ·of the State Government:

Provided that no order shall be made by the State GoveOilment under clause

(b) for the removal of a person from the State to another State except with the consent of the Government of that other State.

Detention 6 No detention order shall invalid order not to •

be invalid or or inoperative merely by reason- in-operati v e

oncer ta in

grounds.

(a) that the person to be detained thereunder is outside · the : limits of the territorial jurisdiction of the State Government or the officer making the order, or

(b) that the place of detention of such person is outside the said limits.

Powers in 7 (1) If h St t G ... '. t . th relation to • t e a e overnmen or e abscond in sofficer making an order under sub-section

peraonJ. (1) of section 3 has reason to believe' that

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;~· a per.son. in respect of whom a detention orde:r: .has been made has absconded or is concealing himself so that the order cannot be -executed, . the, State Govern- ment , or the. officer making the order may-...

(a) ~ make a report in writing of the fact to ·a Judicial Magii;trate of the .first class · having jurisdiction in · the ~ place . where the said person ordinarily resides; and thereupon t_he provisions of sections 82, 83, 84 and 85 of the Code of Criminal 1 Centra!Act Procedure, 1973, shall apply in 2 er 1974· respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magi~trate;

(b)- by. order notified in the Offi- cial Gazette. direct the said person to appear . before such officer at such ..... place and within such period as may be specified in the order; ar:i.d if the. said person fails to com- ply. with · such direction he shall, unless he proves that it was not possible -for him to comply ·there- with- and that he had, within the period specified in the order, in- formed the officer mentioned in the order_ of the reason which rendered compliance therewith · impossible and of his whereabouts, be punish- able with imprisonment for a term which may extend to one year, or with fine, or with both.

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. (2) Notw,ithstand~ng 0 anything contained Central Act m tl}e Co_de o.f Cnmmal Procedure, 1973,2 or 1974. · every- o_ffence un9er clause. (b) of sub- section-·(!') s_hall be . cqgnit:~ble.

....

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i'fiE .ASSAM GAZETTE. EX'tR iORDiNAR >/;-JUL.,;{ 19, ~ .. - ------ ---- - -- ---

Grounds of 8. {l) When a person is detained in

::~t~~n°~ 0 d~~pursuance of a detention order, the

disclosed t⁰

auth ority making the order shall, . as ieeJso~veff~~~soon as -may be, but ordinarily not later order. · than five days and in exceptional circumstances and for reasons to be

record~d in writing not later than ten days from the date of detention, commu- nicate to him the groun_ds on V{hich the order has been made . and shall afford him the earliest opportunity of makin,fl a representation against the order to

the State Government.

1(2) Nothing in . sub-section {l) shall require the authority to disclose facts which it considers to be against the public interest to disclose.

. c⁰n ~ tit~- 9. {l) The State Government shall tion of Adv1- . .

sory Board. constitute one or more Advisory Boards for the purposes of this Act in accordance with the recommendation of the Chiei Justice of the Gauhati High Court.

(2) Every such Board shall consist of a Chairman who- shall . be a , serving Judge of the .Gauhati High Court ~nd of not less than two other .members who shall be serving or retired Judges of any High Court.

Reference .

tl Advisory 10. In every case where a detention Board, order has been made under this Act, the State Government shall within three , weeks from the date of detention of a person under the order, place before the Advisory Board, the grounds on which the order has been made and the repre- sentation, if any, made by the person affected by the order, and in case where · the order has been made by an ··•· 6fficer -referred to in SU b-section (1) of seCtion 3, also the . report by such . officer under sub-section (2) of that section.

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THE AS5AM GAZE_TTE, EXTRAORDINARY, JULY 19, 1980 227 ..........., .a: ...... cz.

l'roci;ci~r.e , .11. (1)" The Advisory Board shall,

ef ,Advisory · · "d · th t · 1 1 d Burd. after · cons1 enng e ma ena s p ace before it and after calling for such further

information as it may deem necessary

from the State Government of 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 s9 to do or if the

person concerned desires tQ be heard,

after hearing him in person, submit its

report to the State Government within

seven weeks from the date of detention

of th~ person concerned.

(2) The report of the Advisory Board shaU specify in a separate part thereof the opinion of the Advisory Board as to whether or not there is ·sufficient cause for the detention of the person concerned.

(3) When there is a difference of opinion ·among the ;members of the ·i\dvisory Board, the opinion- of the ma.io- ~:rity of such members shall be deemed to · J; ~ the opinion of the Board.

(5) The proceedings of. the Advisory Boklrcl and .the report .. of the Advisorv Boqrd, excepting .that part of the repo;t in W ... J1ic.h th E; . opinion of the Advisory Boe)._rd is_ speciped, sh?ll be confidentiai. Actiu upon 12'. (1) In any case where the Advi- ~~ ~et:~\⁰;~.ory ~c:ard has :reported that there is in B<:>ard. its oprnwn sufficient cause for the deten- tion .. of a person, the State Government may ·confirm the detention o:rder -and

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228 TI13:ASSAM GAZBT'TE, EXTRAO&OINARY,JULY,., lli'·"9IO .. . . .... ~ . . ·' . . . -~ - continue the detention of the · }l>erson

concerned jor such period· as it ,thinks fit.

· (2)· In any case where the·¹Advisory

Board · has reported that ·there is' in its

opinion no sufficient cause for the deten-

tion of ·the person · concerned,' the ·state

Government shall revoke the detention

order and cause the persoh fo be released

forthwith.

pe~~x;:r~~ 13. The maximum ·· 'period for Which

tcntion. any petsori may be detained ih pursuance

of any detention order' ·which ' has' been

confirmed under section 12 shall be six

rrionths from the date of detention: 'but in

no · case · shall exceed ·the · period ·fixed by

law of Parliament, if any:

Provided that nothing contained in

this section shall affect the power of the

State Government to revoke O'r modify

the detention order at any earlier time.

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R •vocation W' h · d' t th Au A 1 ·.r modifica- 14. (1) it out pre]U ice , (}--. e ! _;- 191

~ t~ nor

1 1 01 1

orders. General Clauses Act, 1915 a detention order made by any ' officer may, at any -time, oe revoked or modified by the State Government.

(2) The revocation or expiry of a detention order shall not bar the 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 o'n which the State Government or an officer, as the case may be, is· satisfied that ,such ·an

. order should be made. Temporary . 15. (1) The State Government ·may. ~~¹~:d:rtpa1~at · any time, direct that ariy ·person ned. detained in pursuance of a detention order may be released for any specified ' ........ ~

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THii ASSAM G .\.Z i;fT~. 5Xfl.AO RD IM.Al. Y, JWLY 1,, 1'89 229 ' ~ ' . ,' .

period either without cond~tions or u pon

S"tlch conditions specified · in the

·direction as that person accepts, and may,

at an y time, cancel his release.

_ (2) In directing the release of any

per-son ·under sub-seGtion (1), the State

... Gm[ernment m ay r equire him to enter

·into a bond with or w ithout suret ies for

the due observance of the conditions

specified in the direction.

_(3) . Any person released under sub- ,

section (1) shall surrender himself at the

tim e and place and to the authority,

specified in the order directing his

:rE;lease pr -<;:ancelling his r elease, as the case :may be.

(4) If any person fails without sufficient cause to surrender himself . in the m-ann:e:- specified in sub-section (3), he shall be punishable ' with imprison- m ent for a term which 'may extend to

. t wo years, or with fine or wit h both .

(5) If any person r eleased under sub- section (1) fails to fulfil any of the condit ions imposed upon him under the said sub-section or in the bond entered into by h im, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pa·y the pen alty thereof.

of P;~t~~t~o~ 16. No suit, prosecution or other ta~en in gaodlegal proceedings shall lie against the-. faith. State Government or any officer of the State Government or any other person,

for anything in good faith done or

intended to be done in pursuance of this Act.

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\ .230 TWE A~SAM •A:ilM'TE, JXTltAOitDINAltY, JULY 1,, 1'10 Repeal and

savin&·

17.' (1) The Assam Preventive Deten- Ass am Ordiaance tion Ordinance, 1980, is hereby repealed. 3 of 1920.

(2) Notwithstanding such repeal,

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