The Andhra Pradesh Preventive Detention Act, 1970.

   THE ANDHRA PRADESH PREVENTIVE DETENTION ACT, 1970.
(ACT No.1 of 1970)
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement
2. Definitions
3. Power to make orders detaining certain persons
4. Execution of detention orders
5. Power to regulate place and conditions of detention
6. Detention orders not to be invalid or inoperative on certain grounds
7. Powers in relation to absconding persons
8. Grounds of order of detention to be disclosed to persons affected by the
order
9. Constitution of Advisory Board
10. Reference to Advisory Board
11. Procedure of Advisory Boards
12. Action upon the report of the Advisory Board
13. Maximum period of detention
14. Revocation of detention orders
15. Temporary release of persons detained
16. Protection of action taken under the Act
17. Continuance of detention orders made under the Preventive Detention
Act, 1950
18. Repeal of Ordinance 6 of 1969
THE ANDHRA PRADESH PREVENTIVE DETENTION ACT, 1970
(ACT No. 1 of 1970)
[5th March, 1970]
AN ACT TO PROVIDE FOR PREVENTIVE  DETENTION IN CERTAIN
CASES IN THE STATE AND  MATTERS CONNECTED THEREWITH.
BE it enacted by the Legislature of the State of Andhra Pradesh in the Twenty –
First Year of the Republic of India as follows:-
1. Short title, extent and commencement - (1) This Act may be called the
Andhra Pradesh Preventive Detention Act, 1970.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall be deemed to have come into force on the 1st January, 1970.
2. Definitions - In this Act, unless the context otherwise requires,
(a)“detention order” means an order made under section 3;
(b) “Government” means the State Government.
3. Power to make orders detaining certain persons - (1) The Government
may, if satisfied with respect to any person that with a view to preventing him
from acting in any manner prejudicial to-
(i) the security of the State or the maintenance of public
order;   or
(ii) the maintenance of supplies and services essential to the
community,
it is necessary so to do, make an order directing that such person be
detained.
(2) Any of the following officers, namely-
(a) District Magistrates;
(b) Additional District Magistrates specially empowered in this
behalf by the Government;
(c) the Commissioner of City Police, Hyderabad;
may, if satisfied as provided in sub-section (1), exercise the power
conferred by the said sub-section.
(3) When an order is made under this section by an officer mentioned in
sub-section (2), he shall forthwith report the fact to the Government together
w i t h t h e g r o u n d s o n w h i c h t h e o r d e r h a s b e e n m a d e a n d s u c h o t h e r
particulars as in his option 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 Government.
4.  Execution of detention orders - A detention order may be executed in the
m a n n e r p ro v i d ed f o r t h e e x ec u ti o n o f w a r r a n t s o f a r r e s t u n d e r t h e1[Code of
Criminal Procedure, 1898 (Central Act V of 1898)].
5.   Powers 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 discipline 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 in the State.
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 one or more of the grounds on which the order is made is or
are vague or irrelevant, when the other ground or grounds does not
or do not suffer from any such  infirmity;
(b) that the person to be detained thereunder is outside the limits of
the territorial jurisdiction of the officer making the order; or
(c) that the place of detention of such person is outside the said
limits.
7.  Powers in relation to absconding persons - (1) If the Government or any
officer specified in sub-section (2) 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,
the Government or officer may-
(a) make a report in writing of the fact to a Magistrate of the first
class having jurisdiction in the place where the said person
ordinarily resides; and thereupon 2[the provisions of sections 87,
1 . See now the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).2 . See the corresponding provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of
1974).
88 and 89 of the Code of Criminal Procedure, 1898 (Central Act V
of 1898)]  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, notified in the Andhra Pradesh Gazette, direct the
said person to appear before such officer, at such place and within
s u c h p e r i o d a s m a y b e s p e c i f i e d i n t h e o r d e r ;  a n d i f t h e s a i d
p e r s o n f a i l s t o c o m p l y w i t h s u c h d i r e c t i o n , h e s h a l l , u n l e s s h e
p ro v e s th a t i t w a s n o t p o s s i b l e f o r h i m t o c o m p l y th e r e w i t h a n d
that he had, within the period specified in the order, informed the
o f f i c e r m e n t i o n e d i n t h e o r d e r o f t h e r e a s o n w h i c h r e n d e r e d
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.
(2) Notwithstanding anything contained in 1[ t h e C o d e o f C r i m i n a l
Procedure, 1898 (Central Act V of 1898)], every offence under clause (b) of sub-
section (1) 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
autho ri ty making the o rd er shall, as soon as may be, but not la ter 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 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 Board - (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 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 Government.
          (3) The 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.
10. Reference to Advisory Board  - In every case where a detention order has
been made under this Act, the Government shall, within thirty days from the
d a t e o f t h e d e t e n t i o n u n d e r t h e o r d e r , p l a c e b e f o r e t h e A d v i s o r y B o a r d
1 . See the corresponding provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of
1974).
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 wh ere th e ord er has been made by an offic er, also th e repo rt by
such officer under sub-section (3) of section 3.
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 Government or from any person
called for the purpose through the 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 Government within ten weeks from the date of detention.[
(2) The report of the Advisory Board shall specify in a separate part
t h e r e o f t h e o p i n i o n o f t h e A d v i s o r y B o a r d a s t o w h e t h e r o r n o t t h e r e i s
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
d e t e n t i o n o r d e r h a s b e e n m a d e t o a p p e a r b y a n y l e g a l p r a c t i t i o n e r i n a n y
m a t t e r c o n n e c t e d w i t h t h e r e f e r e n c e t o t h e A d v i s o r y B o a r d , a n d t h e
proceedings of the Advisory Board and its report, excepting that part of the
r e p o r t i n w h i c h t h e o p i n i o n o f t h e A d v i s o r y B o a r d i s s p e c i f i e d , s h a l l  b e
confidential.
12.  Action upon the report of the 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 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
Government shall revoke the detention order and cause the person to be
released forthwith.
13. Maximum period of detention – (1)  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 twelve months from the date of detention.
( 2 ) N o t h i n g c o n t a i n e d i n t h i s s e c t i o n s h a l l a f f e c t t h e p o w e r o f t h e
Government to revoke or modify the detention order at any earlier time.
14.  Revocation of detention orders -  (1) Without prejudice to the provisions of
section 15 of the Andhra Pradesh General Clauses Act, 1891 (Act I of 1891) a
detention order may at any time be revoked or modified by the Government not
withstanding that the order has been made by an officer mentioned in sub-
section (2) of section 3.
(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.
15.  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 )  I f a n y p ers o n f a ils w i th ou t s u ff ic ien t c au s e to s u rr en d e r h i ms el f 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 (1) fails to fulfil any of the
c o n d i t i o n s i m p o s e d u p o n h i m u n d e r t h e s a i d s u b - s e c t i o n o r i n t h e b o n d
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.
1 6 . P r o t e c t i o n o f a c t i o n t a k e n u n d e r t h e A c t -No suit, prosecution or
other legal proceeding shall lie against any person for anything in good
faith done or intended to be done in pursuance of this Act.
17. Continuance of detention ordersmade under the Preventive Detention
Act, 1950 - Every detention order made under sub-clause (ii) or
sub-clause (iii) of clause (a) of sub-section (1) of section 3 of the Preventive
Detention Act, 1950 (Central Act IV of 1950) by the Government of Andhra
Pradesh or by any officer of that Government mentioned in sub-section (2)
of that section as in force immediately before the commencement of this
Act, shall continue in force and shall have effect, as if this Act had been in
force on the date of the making of that order and as if that order had been
made under this Act.
18.  Repeal of Ordinance 6 of 1969 - The Andhra Pradesh Preventive
Detention Ordinance, 1969 is hereby repealed.

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