(1) This Act may be called the Rajasthan Prevention of Anti-social Activities Act, 2006.
In this Act, unless the context otherwise requires.-
(1) The State Government may, if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do, make an order directing that such person be detained.
A detention order may 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 (Central Act No. 2 of 1974)
Every person in respect of whom a detention order has been made shall be liable.-
Where a person has been detained in pursuance of an order of detention under section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly.-
No detention order shall be invalid or inoperative merely by reason.-
(1) If the State Government or the authorized officer has reason to believe that a person, in respect of whom a detention order has been made, has absconded, or is concealing himself so that the order can not be executed, in that case the State Government or, as the case may be, the authorized officer shall, irrespective of his ordinary jurisdiction, be deemed to be empowered to exercise all the powers of the Competent Court for issuing a proclamation for such person and for attachment and sale of his property situated in any part of the State and for taking any other action, and the provisions contained in section 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) shall mutatis mutandisapply as if the detention order as aforesaid was a warrant of arrest issued by a Competent Court.
(1) When a person is detained in pursuance of a detention order the authority making the order shall, as soon as may be, but not later than three days from the date of detention, communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order to the State Government.
(1) The State Government shall constitute one or more Advisory Boards for the purposes of this Act.
n every case where a detention 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 constituted by it under section 10 the grounds on which the order has been made and the representation, if any, made by the detenue and where the order has been made by an authorized officer, also the report made by such officer under sub-section (3) of section 3.
(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 detenue and if, in any particular case, the Advisory Board considers it essential so to do or if the detenue desires to be heard, after hearing the detenue in person, submit its report to the State Government, within fifty days from the date of detention of the detenu.
(1) In any case where the Advisory Board has reported that there is, in its opinion, sufficient cause for the detention of the detenu, the State Government may confirm the detention order and continue the detention of the detenue for a period not exceeding the maximum period prescribed by section 14 as it thinks fit.
The maximum period for which any person may be detained in pursuance of any detention order made under this Act which has been confirmed under section 13, shall be one year from the date of detention
(1) Without prejudice to the provisions of section 23 of the Rajasthan General Clauses Act, 1955 (Act No. 8 of 1955) a detention order may, at any time for reasons to be recorded in writing, be revoked or modified by the State Government, notwithstanding that the order has been made by an authorized officer.
(1) The State Government may, at any time, for reasons to be recorded in writing, direct that any person detained in pursuance of a detention order may be released for any specified period, either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release.
No suit, prosecution or other legal proceeding shall lie against the State government or any officer or person, for anything in good faith done or intended to be done in pursuance of this Act.
On and after the commencement of this Act, no order of detention under the National Security Act, 1980 (Central Act No. 65 of 1980) shall be made by the State Government or any officer subordinate to it, in respect of any boot- legger, drug offender, dangerous person, immoral traffic offender, or property grabber in the State on the ground of preventing him from acting in any manner prejudicial to the maintenance of public order, in so far as an order under this Act, could be made for detention of such person