The Andhra Pradesh Prevention of Dangerous Activities of Communal Offenders Act, 1984.

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THE ANDHRA PRADESH PREVENTION OF DANGEROUS ACTIVITIES OF
COMMUNAL OFFENDERS ACT, 1984.
ACT No. 30 OF 1984
ARRANGEMENT OF SECTIONS
 SECTIONS
1. Short title, extent and commencement
2. Definitions
3. Power to make an order detaining communal offenders
4. Execution of detention order
5. Power to regulate place and conditions of detention
6. Detention orders not to be invalid or inoperative on certain
grounds
7. Power in relation to absconding persons
8. Grounds of order of detention to be disclosed to persons affected
by the order
9. Constitution of Advisory Boards
10. Reference to Advisory Board
11. Procedure of Advisory Board
12. Action upon report of Advisory Board
13. Revocation of detention order
14. Temporary release of persons detained
15. Protection of action in good faith
16. Detention orders against communal offender under this Act
and not under National Security Act, 1980
17. Power to order closure of Press
18. Repeal of Ordinance No.5 of 1984
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THE ANDHRA PRADESH PREVENTION OF DANGEROUS ACTIVITIES OF
COMMUNAL OFFENDERS ACT, 1984.
ACT No. 30 OF 1984
[24th September, 1984]
AN ACT TO PROVIDE FOR PREVENTIVE DETENTION OF COMMUNAL
OFFENDERS FOR PREVENTING THEIR DANGERIOUS ACTIVITIES
PREJUDICIAL TO THE MAINTENANCE OF PUBLIC ORDER AND
MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.
Where as the public order, public peace and tranquility and communal
harmony are adversely affected every now and then by the dangerous activities
of certain persons who are known as communal offenders;
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 organized and carried on in violation of law by
communal offenders in the State of Andhra Pradesh, it is necessary to have a
special law to provide for preventive detention of communal offenders and for
matters connected therewith or incidental thereto;
BE it enacted by the Legislature of the State of Andhra Pradesh in the
Thirty-fifth Year of the Republic of India as follows:-
1. Short title, extent and commencement –(1) This Act may be called the
Andhra Pradesh Prevention of Dangerous Activities of Communal Offenders
Act, 1984.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall be deemed to have come into force on the 27th January, 1984.
2. Definitions -In this Act, unless the context other-wise requires,-
(a) “acting in any manner prejudicial to the maintenance of public
order” means engaging in or making preparations for engaging in
any of the activities which affect adversely or is likely to affect
adversely the maintenance of public order.
Explanation:- For the purpose of this clause, 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 the communal offenders 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;
(b) “Communal offender” means a person who, either by himself or
as a member or as leader of a gang or an organisation commits or
attempts to commit or abets or incites the commission of offences
punishable under section 153A and section 153B of the Indian
Penal Code  (Central Act XLV of 1860), or under Chapter XV of the
said Code.
(c) “detention order” means an order made under section 3;
(d) “detenu” means a person detained under a detention order;
(e) “Government” means the State Government of Andhra Pradesh.
3. Power to make an order detaining communal offenders  -(1) The
Government may, if satisfied with respect to any communal offender, 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:
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Provided that the period specified in the order made by the Government
under this sub-section shall not in the first instance exceed four weeks, but the
Government may, if satisfied as aforesaid that it is necessary so to do, amend
such order to extend such period from time to time so that the total period
shall not exceed six months.
(2) If, having regard to the circumstances prevailing or likely to prevail in
any area within the local limits of the jurisdiction of the District Magistrate or
Commissioner of Police, the 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.
(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 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 two weeks after the making thereof, unless,
in the mean time it has been approved by the Government.
4. Execution of detention order -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).
5. Power to regulate place 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
punishment for breaches of disciplne, as the 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 an order of the Government.
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.
7. Power in relation to absconding persons  - (1) If the 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 section 82 to 86 (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 Government, any officer, not below
the rank of District Magistrate or Commissioner of Police authorised by the
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
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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
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 Government or the officer, as the case may be, may, by order
notified in the  Andhra Pradesh 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 so 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.
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 ordinarily not later
than five days and in exceptional circumstances and for reason to be recorded
in writing not later than ten 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
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.
9. Constitution of Advisory Boards -(1) The Government shall, whenever
necessary, constitute one or more Advisory Boards for the purposes of this Act.
(2) Every such Board shall consist of a Chraiman and two other
members, who are, or have been Judges or are qualified to be appointed as
Judges of a High Court.
10. Reference to Advisory Board  -In every case where a detention order has
been made under this Act, the Government shall, within two 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 mentioned in sub-
section (2) of section 3 also the report by such officer under sub-section (3) of
that section.
11. Procedure of Advisory Board -(1) The Advisory Board shall, after
considering the material placed before it and, after calling for such further
information as it may deem necessary from the Government or from any person
called for the purpose through the 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 either in person or through his
legal advisor after hearing him in person or through his legal advisor submit its
report to the Government, within three 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.
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(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.
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 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 3 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
Government shall revoke the detention order and cause the person to be
released forthwith.
13. Revocation of detention order- (1) Without prejudice to the provisions of
section 15 of the Andhra Pradesh General Clauses Act, 1891, a detention order
may at any time, be revoked or modified by the Government, notwithstanding
that the order has been made by an officer mentioned in sub-section (2) of
section 3.
(2) The revocation of 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 Government or an officer, as the case may be, are or is satisfied that
such an order should be made.
14. Temporary release of persons detained-  (1) The 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
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, 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 forefeited and any person
bound thereby shall be liable to pay the penalty thereof.
15. Protection of action in good faith  -No suit, prosecution or other legal
proceeding shall lie against the Government or any officer or person, for
anything in good faith done or intended to be done in pursuance of this Act.
16. Detention orders against communal offender under this Act and not
under National Security Act, 1980 - 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 Government or any of their officers under that Act
in respect of any communal offender in the State of Andhra Pradesh on the
ground of preventing him from acting in any manner prejudicial to the
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maintenance of public order, where an order of detention may be or can be
made against such person, under this Act.
17. Power to order closure of Press  - (1) Whenever the Government are
satisfied that any press has been used for the purpose of printing or publishing
any newspaper, news sheet, book or other document containing matter, which
is or which is likely to promote disharmony or feelings of enimity, hatred or ill-
will between different religious or racial groups or castes or communities or
cause fear to the public or to any section of the public whereby any person may
be induced to commit an offence against the public order, they may order the
closure of such press for such period or periods as they may deem necessary;
which shall not in the aggregate exceed one month:
Provided that no such order shall be made unless the press or the person
incharge of the press has been given an opportunity of explaining within twenty
four hours as to why such an order shall not be made;
Provided further that in exceptional circumstances where it is not
practicable to give an opportunity as aforesaid for reasons to be recorded in
writing an order for the closure of the press at once may be made; but the
reasons for such closure shall be communicated to the press or the person
incharge of the press within five days from the date of such closure;
Provided also that the expiry of an order of closure shall not bar the
making of a fresh order of closure against the same press in any case where
fresh facts have arisen or the press continued to be used for the purpose
mentioned in this sub-section, after the expiry of the earlier order of closure.
(2) Any such power as is specified in sub-section (1) may also be
exercised by the District Magistrate or the Commissioner of Police.
(3) Any person aggrieved by an order made under sub-section (1) may,
within seven days from the date of the order, prefer an appeal to the
Metropolitian Sessions Judge in the case of twin cities of Hyderabad and
Secunderabad and to the Principal District and Session Judge, elsewhere.
Explanation- For the purposes of this section,-
(i) “document” includes any painting, drawing or
photograph or other visible representation;
(ii) “newspaper” means any periodical work containing public
news or comments on public news;
(iii) “news sheet” means any document other than a
newspaper containing public news or comments on public
news;
(iv) “press” means a printing press, and includes all plant,
machinery, duplicators, types, implements and other
materials used for the purpose of, or in connection with,
printing or multiplying documents.
18. Repeal of Ordinance No.5 of 1984 -The Andhra Pradesh Prevention of
Dangerous Activities of Communal Offenders Ordinance, 1984 is hereby
repealed.

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