REGISTERED NO. D. 221
The Gazette of India
EXTRAORDlNARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 46] NEW DELHI, SUNDAY, NOVEMBER 23, 1970/AGRAHAYANA 1, 1892
Separate paging is given to this Part in order that it may be filed
as a separate compilation
MINISTRY OF LAW
(Legislative Department)
New Delhi, the 22nd November, l970\Agrahayana 1, 1892 (Saka) The following President's Act is published for general information: — THE WEST BENGAL (PREVENTION OF VIOLENT
ACTIVITIES) ACT, 1970
No. 19 OF 1970
Enacted by the President in the Twenty-first Year of the Republic of India.
An Act to provide for detention with a view to preventing violent
17 of 1970.
activities and for matters connected therewith. In exercise of the powers conferred by section 3 of the West Bengal State Legislature (Delegation of Powers) Act, 1970, the President is pleased to enact as follows: —
1. (I) This Act may be called the West Bengal (Prevention of Violent
Activities) Act, 1970.
(2) It extends to the whole of the State of West Bengal. (3) It shall come into force at once. 2. In this Act, unless the context otherwise requires, "detention order"
means an order made under section 3.
Short title, extent and com mence- ment. Defi. nition.
3. (1) The State Government may, if satisfied with respect to any person that with a view to preventing him from acting in any manner pre- judicial to the security of the State or the maintenance of public order, it is necessary so to do, make an order directing that such person be de- tained.
Power to make orders detain- ing certain persons.
(499)
500 THE GAZETTE OF INDIA EXTRAORDINARY [PART II(2) For the purposes of sub-section (1), the expression "acting in any manner prejudicial to the security of the State or the maintenance of public order" means—
(a) using, or instigating any person by words, either spoken or written, or by signs or by visible representations or otherwise, to use, any lethal weapon—-
(i) to promote or propagate any cause or ideology, the pro- motion or propagation of which affects, or is likely to affect, ad- versely the security of the State or the maintenance of public order; or
(ii) to overthrow or to overawe the Government established by law in India.
Explanation.—In this clause, "lethal weapon" includes fire-arms, explosive or corrosive substances, swords, spears, daggers, bows and arrows; or
45 of 1860.
(b) committing mischief, within the meaning of section 425 of the Indian Penal Code, by fire or any explosive substance on any pro- perty of Government or any local authority or any corporation own- ed or controlled by Government or any University or other educa- tional institution or on any public building, where the commission of such mischief disturbs, or is likely to disturb, public order; or
(c) causing insult to the Indian National Flag or to any othei ob • ject of public veneration, whether by mutilating, damaging, burning. defiling, destroying or otherwise, or instigating any person to i /b s *
Explanation.—In this clause, "object of public veneration" ft eludes any portrait or statue of an eminent Indian, installed in a pub- lic place as a mark of respect to him or to his memory; or
(d) committing, or instigating any person to commit, any offeii'-t
54 at 1959. 6 of 1908.
punishable with death or imprisonment for life or imprisonment fc a term extending to seven years or more or any offence under tl i Arms Act, 1959 or the Explosive Substances Act, 1908, where fne commission of such offence disturbs, or is likely to disturb, public order; or
5 of 1898.
(e) in the case of a person referred to in clauses (a) to (f) of section 110 of the Code of Criminal Procedure, 1898, committing any offence punishable with imprisonment where the commission of such offence disturbs, or is likely to disturb, public order.
(3) Any of the following officers, namely.—
(a) District Magistrates,
(b) Additional District Magistrates specially empowered in this behalf by the State Government,
(c) in the Presidency-town of Calcutta, the Commissioner of Police, Calcutta,
may, if satisfied as provided in sub-section (1), exercise the power con- ferred by the said sub-section.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDlNARY 501(4) When any order is made under this section by an officer specified
in sub-section (3), he shall forthwith report the fact to the State Govern- ment together with the grounds on which the order has been made and such other particulars as in his opinion have a bearing on the matter and no such order shall remain in force for more than twelve days after the making thereof unless, in the meantime, it has been approved by the State Government.
(5) When any order is made or approved by the State Government under this section, the State Government shall, as soon as may be, report the fact to the Central Government together with the grounds on which the order has been made and such other particulars as, in the opinion of the State Government, have a bearing on the necessity for the order.
4. A detention order may be executed at any place in the State of West Bengal in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1898.
5 of 1898.
Execu- tion of detention orden.
5. Every person in respect of whom a detention order has been made
shall be liable—
Po \ •ei to regulate place and condi- tions 01 deten- tion.
(a) to be detained in such place and under such conditions, in- cluding conditions as to maintenance, discipline and punishment for breaches of discipline, as the State Government may, by general or special order, specify; and
(b) to be removed from one place of detention to another place of detention, within the State of West Bengal, by order of the State Government.
6. No detention order shall be invalid or inoperative merely by reason—
(a) that the person to be detained thereunder, though within the State of West Bengal, is outside the limits of the territorial juris- diction of the officer making the order; or
Deten- tion orders not to be in- valid or in- operative on cer- tain grounds.
(b) that the place of detention of such person, though within the State of West Bengal, is outside the limits of the territorial jurisdiction of the officer making the order.
7. (2) If the State Government or an officer specified in sub-section (3) of section 3, as the case may be, 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 cannot be executed, that Government or officer may—
Powers in rela- tion t(J abscond- ing \nt- sons.
^ of 1898.
(a) make a report in writing of the fact to a Presidency Magis- trate or a Magistrate of the first class having jurisdiction in the place iv'aeit the said person ordinarily resides; and thereupon fhe provisions or sections 87, 88 and 89 of the Code of Criminal Procedure, 1898,
502 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT IIshall apply in respect of the said person and his property as ii the order directing that he be detained were a warrant issued by the Magistrate;
(b) by order notified in the Official Gazette direct the said person to appear before such officer, at such place and within such period as may be specified in the order; and if the said person fails to comp- ly with such direction, he shall, unless he proves that it was not possible for 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 term
which may extend to one year, or with fine, or with both.
5 of 1898.
(2) Notwithstanding anything contained in the Code of Criminal Pro- cedure, 1898, 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 not later than five 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.
(2) Nothing in sub-section (1) shall require the authority to disclose
facts which it considers to be against the public interest to disclose.
Grounds of order of deten- tion to be dis- closed to per- sons affected by the order.
9. (1) The State Government shall, whenever necessary, constitute
•one or more Advisory Boards for the purposes of this Act.
Consti- tution of Advi- sory Boards.
(2) Every such Board shall consist of three persons who are, or have been, or are qualified to be appointed as, Judges of a High Court, and such persons shall be appointed by the State Government.
(3) The State Government shall appoint one of the members of the Advisory Board who is or has been a Judge of a High Court to be its Chairman.
Refer- ence to Advi- sory Boards.
10. In every case where a detention order has been made under this Act, the State Government shall, within thirty days from the date of detention under the order, place before the Advisory Board, constituted by it under section 9, the grounds on which the order has been made and the representation, if any, made by the person affected by the order, and in case where the order has been made by an officer specified In sub- section (3) of section 3, also the report made by such officer under sub- section (4) of section 3.
Proce- dure of Advi- sory Boards.
11. (/) 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 con- cerned, and if in any particular case it considers it essential so to do or
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 503if the person concerned desires to be heard, after hearing him In per- son, submit its report to the State Government within ten weeks from the date of detention.
(2) The report of the Advisory Board shall 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 forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board.
(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, and the proceedings of the Advisory Board and its report, excepting that part of the report in which the opinion of the Advisory Board is specified, shall be confidential.
12. (1) In any case where the Advisory Board has reported that there is, in its opinion, sufficient cause for the detention of a person, the State Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit.
Action upon the report of Ad- visory Board.
(2) In any case where the Advisory Board has reported that there is, in its opinion, no sufficient cause for the detention of the person con- cerned, the State Government shall revoke the 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 which has been confirmed under sec- tion 12 shall be twelve months from the date of detention.
Maximum period of deten- tion.
Ben. Act 1 of 1899.
14. (1) Without prejudice to the provisions of section 22 of the Bengal General Clauses Act, 1S99, a detention order may at any time be revoked or modified by the State Government notwithstanding that the order has been made by an officer specified in sub-section (3) of section 3.
Revoca- tion of deten- tion orders.
(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 per- son in any case where fresh facts have arisen after the date of revoca- tion or expiry on which the State Government or an officer specified in sub-section (3) of section 3, as the case may be, is satisfied that such an order should be made.
Tempo- 15. (1) The State Government may at any time direct that any per- son detained in pursuance of a detention order may be released for any specified period either without conditions or upon such conditions specifi- ed In the direction as that person accepts, and may at any time cancel his release.
rary release Of per- sons detained.
(2) In directing the release of any person under sub-section (i), 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 direc- tion.
(3) Any person released under sub-section (1) shall surrender him- self at the time and place, and to the authority, specified in the order directing his release or cancelling his release, as the case mav be.
504 THE GAZETTE OF INDIA EXTRAORDINARY TPAUT TI(4) If 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, or with both.
(5) If any person released under sub-section (/) fails to fulfil any of the conditions imposed upon him under the said sub-section or in 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 or other legal proceeding shall lie against the State Gov- ernment, and no suit, prosecution or other legal proceeding shall lie against any person, for anything in good faith done OT intended to be done in pursuance of this Act.
Protec- tion of action taken, under the Act.
V. V. GIRI,
President.
N. D. P. NAMBOODIRIPAD
Joint Secy, to the Govt. of India.
Reasons for the enactment
There is increasing anxiety over the continuing violent activities, in West Bengal, of the "Naxalites", other similar extremist groups, and •'nti-social elements operating with them. As the existing laws have een found to be inadequate for dealing with the situation, it is neces- E 7 to vest the State administration with powers to detain persons to r^vent them from indulging in the aforesaid activities. It is, therefore, proposed to enact this Bill.
2. The Committee constituted under the proviso to sub-section (2) of section 3 of the West Bengal State Legislature (Delegation of Powers) Act, 1970 (17 of 1970), has been consulted before enactment of this mea- sure as a President's Act.
L. P. SINGH,