ARUNACHAL PRADESH UNLAWFUL ACTIVITIES (PREVENTION) ACT,
2014 THE ARUNACHAL PRADESH UNLAWFUL ACTIVITIES (PREVENTION) ACT, 2014 [Act No. 12 of 2014] [05th September, 2014] An Act to provide for more effective prevention of certain
unlawful activities of individuals and associations and matters connected
therewith. BE it enacted by the
Legislature of the State of Arunachal Pradesh in the Sixty-fifth year of the
Republic of India, as follows:- (1)
This Act may be called the Arunachal Pradesh Unlawful Activities
(Prevention) Act, 2014. (2)
It extends to the whole of the State of Arunachal Pradesh. (3)
It shall come into force on such date, as the State Government by
notification, in the Official Gazette appoint. In this act unless the
context otherwise requires : (i) "Advisory
Board" means the Board constituted under section 9. (ii) "Bootlegger"
means a person who distils manufactures, stores, transports or takes away,
import, export, sells or distributes any liquor, intoxication drug or other
intoxicating substances in contravention of any of the provisions contained in
any law for the time-being in force, or knowingly spends or utilizes money or
gives support or gives aid to do any of the matters mentioned above, by any
person or through any person by providing any animal, vehicle, vessel, other
conveyance or any tank, any other articles whatever it may be, or the person
who abets to do any such matter in any manner. (iii) "Close
relative" means spouse, parents, children or sibilate and first degree
blood relative of such person and include the children or spouses of such
persons. (iv) "Habitual
Depredator of environment" means a person who, by any direct act by which
he derives pecuniary or commercial benefit, commits an offence under any law
relating to protection of 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 to conservation of forests or wild life. (v) "Detention
Order" means an Order made under section 3. (vi) "Habitual
Drug Offender" means a person, who illegally cultivates, manufactures,
stocks, transport, sells or distributes any drug in contravention of the
Narcotic Drugs and Psychotropic Substances Act 1985 (Central Act 61 of 1985) or
in contravention of any other law for the time being in force, or who knowingly
does anything abetting or facilitating any such activity. (vii) "Immoral
Traffic Offender" means a person who commits or abets the commission of
any offence under the immoral Traffic (Prevention) Act, 1956 (Central Act 104 of
1956). (viii) "Unlawful
Person" means a person who indulges in any unlawful activity or promote or
abets any illegal organization/activities declared as prohibited by the State,
which are harmful to maintenance of the public order or supply of daily
services and goods to public either directly or indirectly. (ix) "Dangerous
person" means a person, who either by himself or as a member or leader of
a gang, during a period of three successive years habitually commits, or
attempts the commission of any of the offences punishable under Chapter XVI or
Chapter XVII of the Indian Penal Code or any of the offences punishable under
Chapter V of the Act 1959 (54 of 1959). (x) "Person"-
means a person mentioned in section 8 of the Act. (xi) "Property
grabber" means a person who illegally takes possession, either for himself
or on behalf of others, of any movable or immovable property belonging to
Government or Government owned institutions or of any person and includes a
person who creates illegal tenancies or lease or license or agreements or any
other agreements, express or implied, in respect of such properties, or who
knowingly gives financial 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 lawful procedure or who abets
in any manner such activities. (xii) "Unlawful
activity" means acting in such a manner so as to cause or likely to cause
directly or indirectly, any feeling of insecurity, danger or fear among the
general public or any section thereof or any danger to the safety of
individuals, safety of public, public health or the ecological system or
disruption of daily supplies and essential services to public or any loss or
damage to public exchequer or to any public or private property or enforce on
general public activities declared as illegal by the State or prohibited by
State Government under section 144 of Cr.P.C. 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 of Arunachal Pradesh. (1)
State Government or any Officer of the State Government not below
the rank of a Secretary to the State Government or a District Magistrate may if
satisfied with respect to any person who is Bootlegger. Habitual Depredator of
Environment.Habitual drug offender.Property Grabber. Dangerous Persons,
Unlawful persons associated with unlawful activities may make an order
directing such person to be detained with the view to preventing him from
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 particulars as in his opinion have a bearing on the matter and no such
order shall remain in force more than 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 of 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 - For the
purpose of this sub-section a person shall be deemed to be "acting in any
manner prejudicial to maintenance of Public order" when such person is
engaged in or is making 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 goods 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 danger to life, property or public health. (1)
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. (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 for breaches of
discipline as the State Government may, by general or special order, specify;
and (ii)
To be removed from one place of detention to another place of
detention within the State of Arunachal Pradesh by the order of the State
Government. 5. When 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 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)
Invalid for any other reason whatsoever. No detention order shall be
invalid or inoperative merely by the reason that,-- (1)
That the person to be detained under there is outside the limit of
the territorial Jurisdiction of the officer making the order. (2)
That the place of detention of such person is outside the said
limits. (1)
If the State Government or the officer making an order under
sub-section (1) of section 3 has the 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, in that case, (a)
The provisions of section 82. 83, 84 and 85 of the Code of
Criminal Procedure, 1973 shall apply in respect of the said person and his Property
as if the order directing that he be detained were a warrant issued by the
Magistrate. (b)
By order 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 comply 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 of Rupees fifty 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. (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 for 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
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. (1)
The State Government shall constitute one or more Advisory Boards
for the purposes of this Act. (2)
Every such Board shall consist of a Chairman who shall be a
retired Judge of the High Court duly recommended by the Chief Justice of High
Court and of not less than two other members who shall be appointed by the
State Government. In 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, the grounds on which the order has been made and the
representation, it any, made by the person affected by the order, and in case
where the order has been made by an officer referred to in sub-section (1) of
section 3, also the report by such officer under sub-section (2) of that
section. (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 of detention of the person
concerned. (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 of 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. (5)
The proceedings of the Advisory Board and the report of the
Advisory Board excepting that part of the report in which the opinion of the
Advisory Board is specified shall be confidential. (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. (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 concerned, the
State Government shall revoke that detention order and cause the person to be released
forthwith. The maximum period for
which any person may be detained in pursuance of any detention order which has
been confirmed under section 12 shall be six months from the date of detention, Provided that nothing
contained in this section shall affect the power of the State Government to
revoke or modify the detention order at any earlier time. (1)
A detention order made by any officer 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 officer, as the case may be, is satisfied
that such an order should be made. (1)
The State Government may, at any time, 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. (2)
In directing the release of any person under sub-section (1), 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 (1) shall surrender himself
at the time and place to the authority, specified in the order directing his
release or canceling his release, as the case may be. (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 of Rupees
Two Thousand or with both. (5)
if any person released under sub-section (1) fails to fulfill any
of the condition 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. 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 faith in pursuance of this Act. 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 for a term which shall not be less than three months but may
extend to one year or fine of rupees fifty thousand. (1)
The government may, not inconsistent with this Act make rules for
all or any of the provisions for 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 comprised in one session or in two
successive sessions, and if before the expiry of the session in which they are
so laid Assembly agrees in making any modification in the rule or decides that
the rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be, so however that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
Preamble - ARUNACHAL PRADESH UNLAWFUL ACTIVITIES (PREVENTION) ACT,
2014PREAMBLE