TAMIL NADU PREVENTION OF DANGEROUS ACTIVITIES OF BOOTLEGGERS, DRUG-OFFENDERS, FOREST OFFENDERS, GOONDAS, IMMORAL TRAFFIC OFFENDERS, SAND-OFFENDERS, SLUM-GRABBERS AND VIDEO PIRATES ACT, 1982

TAMIL NADU PREVENTION OF DANGEROUS ACTIVITIES OF BOOTLEGGERS, DRUG-OFFENDERS, FOREST OFFENDERS, GOONDAS, IMMORAL TRAFFIC OFFENDERS, SAND-OFFENDERS, SLUM-GRABBERS AND VIDEO PIRATES ACT, 1982

Preamble - TAMIL NADU PREVENTION OF DANGEROUS ACTIVITIES OF BOOTLEGGERS, DRUG-OFFENDERS, FOREST OFFENDERS, GOONDAS, IMMORAL TRAFFIC OFFENDERS, SAND-OFFENDERS, SLUM-GRABBERS AND VIDEO PIRATES ACT, 1982

TAMIL NADU PREVENTION OF DANGEROUS ACTIVITIES OF BOOTLEGGERS, DRUG-OFFENDERS, FOREST OFFENDERS, GOONDAS, IMMORAL TRAFFIC OFFENDERS, SAND-OFFENDERS, SLUM-GRABBERS AND VIDEO PIRATES ACT, 1982

[Act No. 14 of 1982]

PREAMBLE

An Act to provide for preventive detention of bootleggers, drug-offenders, [1] [forest-offenders], goondas, immoral traffic offenders, [2] [sand-offenders],[3] [slum-grabbers and video pirates] for preventing their dangerous activities prejudicial to the maintenance of public order.

WHEREAS public order is adversely affected every now and then by the dangerous activities of certain persons, who are known as bootleggers, drug-offenders, [4] [forest offenders], goondas, immoral traffic offenders, [5] [sand-offenders], slum-grabbers and [6] [video pirates];

AND WHEREAS, having regard to the resources and influence of the persons by whom, the large scale on which and the manner in which, the dangerous activities are being clandestinely organised and carried on in violation of law by them, as bootleggers, drug-offenders [7] [forest offenders], goondas, immoral traffic offenders, [8] [sand-offenders], slum-grabbers or [9] [video pirates], in the State of Tamil Nadu and particularly in its urban areas [and forest areas], it is necessary to have a special law in the State of Tamil Nadu, to provide for preventive detention of these [eight classes of persons] and for matters connected therewith;

BE it enacted by the Legislature of the State of Tamil Nadu in the Thirty-third Year of the Republic of India as follows:--

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, [10] [Forest offenders], Goondas, Immoral Traffic Offenders, [11] [Sand-offenders], [12] [Slum-grabbers and Video pirates] Act, 1982.

(2)     It extends to the whole of the State of Tamil Nadu.

(3)     It shall be deemed to have come into force on the 5th January 1982.

Section 2 - Definitions

In this Act, unless the context otherwise requires,--

(a)      "acting in any manner prejudicial to the maintenance of public order" means,--

(i)       in the case of a bootlegger, when he is engaged, or is making preparations for engaging, in any of his activities as a bootlegger, which affect adversely, or are likely to affect adversely, the maintenance of public order;

(ii)      in the case of a drug-offender, when he is engaged, or is making preparations for engaging, in any of his activities as a drug-offender, which affect adversely, or are likely to affect adversely, the maintenance of public order;

[13] (ii-a) in the case of a forest-offender, when he is engaged or is making preparations for engaging, in any of his activities as a forest-offender, which affect adversely, or are likely to affect adversely, the maintenance of public order;

(iii)     in the case of a goonda, when he is engaged, or is making preparations for engaging, in any of his activities as a goonda which affect adversely, or are likely to affect adversely, the maintenance of public order;

(iv)    in the case of an immoral traffic offender, when he is engaged, or is making preparations for engaging, in any of his activities as an immoral traffic offender, which affect adversely are or likely to affect adversely, the maintenance of public order;

[14] (iv-a) in the case of a sand-offender, when he is engaged, or is making preparations for engaging, in any of his activities as a sand-offender, which affect adversely, or are likely to affect adversely, the maintenance of public order;

(v)      in the case of a slum-grabber, when he is engaged, or is making preparations for engaging, in any of his activities as a slum-grabber, which affect adversely, or are likely to affect adversely, the maintenance of public order;

[15] (vi) in the case of a video pirate, when he/she is engaged or is making preparations for engaging, in any of his/her activities as a video pirate, which affect adversely, or are likely to affect adversely, the maintenance of public order.

Explanation.-- For the purpose of this clause (a), public order shall be deemed to have been affected adversely, or shall be deemed likely to be affected adversely, inter alia, if any of the activities of any of the persons referred to in this clause (a) directly or indirectly, is causing or calculated to cause any harm, danger or alarm or a feeling of insecurity, among the general public or any section thereof or a grave or widespread danger to life or public health [16] [or ecological system;]

(b)      "bootlegger" means a person, who distills, manufactures, stores, transports, imports, exports, sells or distributes any liquor, intoxicating drug or other intoxicant in contravention of any of the provisions of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937) and the rules, notifications and orders made thereunder, or in contravention of any other law for the time being in force, or who knowingly expends or applies any money or supplies any animal, vehicle, vessel or other conveyance or any receptacle or any other material whatsoever in furtherance or support of the doing of any of the above-mentioned things by or through any other person, or who abets in any other manner the doing of any such thing;

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

(d)      "detenu" means a person detained under a detention order;

(e)      "drug-offender" means a person, who manufactures, stocks, imports, exports, sells or distributes any drug or cultivates any plant or does any other thing in contravention of any of the provisions of the Drugs and Cosmetics Act, 1940 (Central Act XXIII of 1940), or [17] [the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985)] and the rules, notification and orders made under either Act, or in contravention of any other law for the time being in force, or who knowingly expends or applies any money in furtherance or support of the doing of any of the above-mentioned things by or through any other person, or who abets in any other manner the doing of any such thing;

[18] (ee) "forest-offender" means a person, who commits or attempts to commit or abet the commission of offences punishable under Chapter II or Chapter III or Chapter V or Chapter VI-B or Chapter VII of the Tamil Nadu Forest Act, 1882 (Tamil Nadu Act V of 1882) or under Chapter VI of the Wild Life (Protection) Act, 1972 (Central Act 53 of 1972);

(f)       "goonda" means a person who either by himself or as a member of or leader of a gang, habitually commits, or attempts to commit or abets the commission of offences, punishable under Chapter XVI or Chapter XVII or Chapter XXII of the Indian Penal Code, 1860 (Central Act 45 of 1860);

(g)      "immoral traffic offender" means a person who commits or abets the commission of, any offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Central Act 104 of 1956);

[19] (gg) "sand-offender" means a person, who commits or attempts to commit or abets the commission of offences in respect of offences in respect of ordinary sand punishable under the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957) or under the Tamil Nadu Minor Mineral Concession Rules, 1959;

(h)     "slum-grabber" means a person, who illegally takes possession of any land (whether belonging to Government, local authority or any other person) or enters into, or creates illegal tenancies or leave and licence agreements or any other agreement in respect of such lands; or who constructs unauthorised structures thereon for sale or hire, or gives such lands to any person on rental or leave and licence basis for construction or use and occupation of unauthorised structures thereon, or who collects or attempts to collect from any occupier of such lands, rent, compensation or other charges by criminal intimidation or who evicts or attempts to evict any such occupier by force without resorting to the lawful procedure; or who abets in any manner the doing of any of the above-mentioned things;

(i)       "unauthorised structure" means any structure constructed without express permission in writing of the appropriate authority under, and in accordance with, any law for the time being in force in the area concerned;

[20] (j) "video pirate" means a person, who commits or attempts to commit or abets the commission of offences of infringement of copyright in relation to a cinematagraph film or a record embodying any part of sound track associated with the film, punishable under the Copyright Act, 1957 (Central Act XIV of 1957).

Section 3 - Power to make orders detaining certain persons

(1)     The State Government may, if satisfied with respect to any bootlegger or drug-offender or [21] [forest-offender] or goonda or immoral traffic offender, [22] [sand-offender], slum-grabber [23] [or video pirates] that with a view to prevent 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.

(2)     If, having regard to the circumstances prevailing, or likely to prevail in any area within the local limits of the jurisdiction of a District Magistrate or a Commissioner of Police, or the State Government are satisfied that it is necessary so to do, they may, by order in writing, direct that during such period as may be specified in the order, such District Magistrate or Commissioner of Police may also, if satisfied as provided in sub-section (1), exercise the powers conferred by the said sub-section:

Provided that the period specified in the order made by the State Government under this sub-section shall not, in the first instance, exceed three months, but the State Government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period, from time to time, by any period not exceeding three months at any one time.

(3)     When any order is made under this section by an officer mentioned in sub-section (2), 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, 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.

Section 4 - Execution of detention orders

A detention order may be executed at any place in the State in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

Section 5 - Power to regulate places and conditions of detention

Every person in respect of whom a detention order has been made shall be liable --

(a)      to be detained in such place and under such conditions, including conditions as to maintenance, discipline, and punishmerit 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 by order of the State Government.

Section 5-A - Grounds of detention severable

[24]Where a person has been detained in pursuance of an order of detention (whether made before or after the commencement of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Goondas. Immoral Traffic Offenders and Slum Grabbers (Amendment) Act, 1988) 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--

(a)      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, and it is not, therefore, possible to hold that the Government or officer making such order would have been satisfied as provided in section 3 with reference to the remaining ground or grounds and made the order of detention;

(b)      the Government or officer making the order of detention shall be deemed to have made the order of detention under the said section after being satisfied as provided in that section with reference to the remaining ground or grounds.

Section 6 - Detention orders not to be invalid or inoperative on certain grounds

No detention order shall be invalid or inoperative merely by reason --

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

(b)      that the place of detention of such person, though within the State, is outside the said limits.

Section 7 - Powers in relation to absconding persons

(1)     If the State Government have, or an officer mentioned in sub-section (2) of section 3 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, then, the provisions of sections 82 to 88 (both inclusive) of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) shall apply in respect of such person and his property, subject to the modifications mentioned in this sub-section and, irrespective of the place where such person ordinarily resides, the detention order made against him shall be deemed to be a warrant issued by a competent Court. Where the detention order is made by the State Government, an officer not below the rank of District Magistrate or Commissioner of Police authorised by the State Government in this behalf, or where the detention order is made by an officer mentioned in sub-section (2) of section 3 such officer, as the case may be, shall, irrespective of his ordinary jurisdiction, be deemed to be empowered to exercise all the powers of the competent Court under sections 82, 83, 84 and 85 of the said Code 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 under the said sections. An appeal from any order made by any such officer rejecting an application for restoration of attached property shall lie to the Court of Session, having jurisdiction in the place where the said person ordinarily resides, as provided in section 86 of the said Code.

(2)     (a) Notwithstanding anything contained in sub-section (1), if the State Government have, or an officer mentioned in sub-section (2) of section 3 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, the State Government or the officer, as the case may be, may, by order notified in the Tamil Nadu Government Gazette, direct the said person to appear before such officer, at such place and within such period as may be specified in the order.

(b) If such person fails to comply with such order, 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 reasons which rendered compliance therewith impossible and of his whereabouts, or proves that it was not possible for him to inform the officer mentioned in the order, he shall, on conviction, be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

(c) Notwithstanding anything contained in the said Code, every offence under clause (b) shall be cognizable.

Section 8 - Grounds of order of detention to be disclosed to persons affected by the order

(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.

Section 9 - Constitution of Advisory Boards

(1)     The State Government shall, whenever necessary, constitute one or more Advisory Boards for the purposes of this Act.

(2)     Every such Board shall consist of a Chairman and two other members, who are, or have been Judges of any High Court or who are qualified under the Constitution of India to be appointed as Judges of a High Court.

Section 10 - Reference to Advisory Board

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 constituted by them 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 the case where the order has been made by an officer, also the report by such officer under sub-section (3) of section 3.

Section 11 - Procedure of Advisory Boards

(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, the Advisory Board 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 forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board.

(4)     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.

(5)     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 reference to Advisory Board.

Section 12 - Action upon report of Advisory Board

(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, not exceeding the maximum period specified in section 13, as they think 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 the detention order and cause the person to be released forthwith.

Section 14 - Revocation of detention orders

(1)     Without prejudice to the provisions of section 15 of the Tamil Nadu General Clauses Act, 1891 (Tamil Nadu Act I of 1891), 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 mentioned in sub-section (2) of section 3.

[25] (2) The revocation or expiry of a detention order (hereafter in this sub-section referred to as the earlier detention order) shall not

"(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, on which the State Government or an officer, as the case may be, are or is satisfied that such an order should be made."

(whether such earlier detention order has been made before or after the commencement of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Goondas, Immoral Traffic Offenders and Slum-grabbers (Amendment) Act, 1988) bar the making of another detention order (hereinafter in this sub-section referred to as the subsequent detention order) under section 3 against the same person:

Provided that in a case where no fresh facts have arisen after the revocation or expiry of the earlier detention order made against such person, the maximum period for which such person may be detained in pursuance of the subsequent detention order shall in no case extend beyond the expiry of a period of twelve months from the date of detention under the earlier detention order.

Section 15 - Temporary release of persons detained

(1)     The State Government, may, at any time, 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 detenu 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 condition specified in the direction.

(3)     Any person released under sub-section (1) shall surrender himself at the time and place and to the authority, specified in the order directing his release or cancelling 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, on conviction, be punished 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 (1) 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.

Section 16 - Protection of action taken in good faith

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.

Section 17 - Detention orders against any bootlegger, drug-offender, [forest-offender], goonda, immoral traffic offender, [sand-offender], slum-grabber [or video pirates] to be made under this Act and not under National Security Act

Detention orders against any bootlegger, drug-offender, [26] [forest-offender], goonda, immoral traffic offender, [27] [sand-offender], slum-grabber [28] [or video pirates] to be made under this Act and not under National Security Act

On and after the commencement of this Act, no order of detention under the National Security Act, 1980 (Central Act 65 of 1980) shall be made by the State Government or any of their officers under that Act in respect of any bootlegger, drug-offender, [29] [forest-offender], goonda, immoral traffic offender, [30] [sand-offender], slum-grabber [31] [or video pirates] in the State of Tamil Nadu, on the ground of preventing him from acting in any manner prejudicial to the maintenance of public order, where an order of detention may be or can be made against such person, under this Act.

Section 18 - Repeal and saving

(1)     The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Goondas, Immoral Traffic Offenders and Slum-grabbers Ordinance, 1982 (Tamil Nadu Ordinance 1 of 1982) is hereby repealed.

(2)     Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.