The ARUNACHAL PRADESH UNLAWFUL ACTIVITIES (PREVENTION) ACT 2014

THE AHUNACHAL PRADESH UNLAWFUL ACTIVITIES
(PREVENTTON) ACI 2014
(ACT NO. 12 OF 2014\
(Feceived the assent of the Governor on 5lh September, 2014 and
published in the Arunacal Pradesh E.O. Gazette No 168, Vol. XXI
dated 8th september, 2014)
An
Act
to provide for more eftective prevention of certain unlaw'ful activities
of individuals and associations and matters connected therewith.
BE it enacted by the Legislature of the S]ate of Arunachal Pradesh in
the SixtyJifth year of the Republic of lndia, as follows :-
1 . (1) Thls Act may be called the Arunachal Pradesh Short title,
Unlawful Activities (Prevention) Act, 2014. Extent and
(2) lt extends to the whole of the Slate of Arunachal commence-
Pradesh. ment'
(3) lt shall come into force on such date, as the State
Government by notilication, in the Official Gazette
appoint.
2. ln this act unless the context otherwise requires : Definitlon.
(i) "Advisory Board means the Board constituted
under section 9.
i i Bf,ul,aJ( i. : , ,1:ru .j j(. r
manutactures, stores. iranspoiis Oi' il!(es arva'/,
imports, exports, sells cr diskibutes any l;quor
intoxication drug or other intoxicaling substances
in contravention of any of the provisicns contained
in any law for the lirne-being j: iorce, or kno\./ingly
spends or utilizes money or gives suppcrt or gives
aid to do any of the fratte(s mentioned abcve. by
any person or through any person by providino
any animal. vehicle. vessel, other conveyance or
any tank, any Dther articles whatever it may be.
or the person whc abets tc d0 any such mader in
any manner.
(iii) "Close relative" means spouse. parents, childien
or sibilate and first Cegree blcoi relalive of srrch
person and include the children or spouses of such
persons.
(iv) "Habitual Depredator oi environrnent" means a
person who, by any direct act by which he derives
pecuniary or commercial benefit, commits an
offence under any law relating to proteclion cf
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 t0 conservation of iorests
or wild life.
(v) "Detention Order" means an Order made under
section 3.
(vi) "Habitual Drug Otfender" means a person. who
illegally cuitivales, manutactures, stocks.
transport, sells or distributes any drug in
contravention of the Narcotic Di'ugs and
Psychotropic Substances Act 1985 (Central Act
61 of 1985) or in contravention of any other lavr
for the time being in force. or who knowingly does
anything abetting or lacilitating any such activity.
(vii) "lmmoral Tfafic Offendei means a perscn who
commits or abets the commission of any offence
under the immoral Trafiic (Prevention) Act, 1956
icentral Act 104 of 195ij).
l:t/
(viii) 'Unlavyiui Person means a person who induiges
in any uniawful activity cr promote or ateis anv
illegal organization/activit;es declarecj as
prohibiled by the State, which are harmfui to
maintenance cl the public order or supply of daily
services and goods to public either directly or
indirectly.
(;x) "Dangerous person",'neans a person, !,vhc eithe:
by hirnselt or as a membgr or leader of a qanE.
during a pe.iod cf three su.cessive years
nabitually commits, or attempts the commission
of any of the oflences punishable unoer Chapter
XVi or Cirapter XVr! of thelndian PenalCodeor
any of the otfences punishable under Chapter V
of the Acl 1959 i54 ol 1959).
(x) "Person '- means a ierscn meriioneo in seciirr, 6
of the Act.
ixi) "Froperty grabber" means a person who iile.oaily
takes posse$ion. eitner lor himself or cn behalf
cf others, ot any movable or immovable propgrty
beionging to Government or Governnrent owned
institutrons orof any person and includes a person
who creales illegal tenancies or lease or license
or agreements or any other agreements, express
or implied, in respect of such properties, or who
knowingly gives linancial 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 lawtul procedure or who abets in
any manner such activities.
(xli) "Unlawful activity" means acting in such a manner
so as to cause or likely to cause directly or
indirectly, any leeling of insecurity, danger or lear
among the generai public or any section thereof
or any danger to the safety ol individuals, safety
ol public, public health or the ecological system
or disruption ol daily supplies and essential
services to public or any loss or damage to public
Powers to
make Orders
detaining a
certain person
3
158
exchequer or to any public or privale property cr
enforce on general public actrvrties declared as
illegal by the State or prohibited by State
Government under sectjon 144 of CrPc 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 ol Arunachal Pradesh.
(1) State Government or any Officer of the State
Government not below the rank of a Secretary to
the State Government ora District lvlagistrate may
if satisfied with respect to any person who is
Bootlegger, Habitual Depredator of Environment,
Habitual drug oflender, Property Grabber,
Dangerous Persons, UnlaMul persons associated
with unlawful activities may make an order
directing such person to be detained with the view
to preventing him lrom 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 pa(iculars as in his
opinion have a bearing on the matter and no such
order shall remain in force more lhan '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 ol 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 -Fot lhe purpose ol thts sub-section
a person shall be deemed to be "acting in any
manner prejudicialto maintenance of Public ordel'
when such person is engaged in or is making
159
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
g00ds 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 dangerto life, property or public health.
4. (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 lor
breaches of discipline as the State
Government may, by general or specialorder.
specify ; and
(ii) To be removed from one place of detention
to another place of detention within the State
ofArunachal Pradesh bythe order ofthe State
Government.
5. When a person has been detained in pursuance of an
order of detention under seclion 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) lnvalid for any other reason whatsoever.
Execution of
detention
order, places
of detention
and powers
to regulate
piace and
condition of
detention.
Detention not
to be invalid
or inoperative
cn certain
grounds.
Power in
relation to
absconding
persons.
Grounds of
order deten-
tion to be
disclosed to
person
affected by
the order.
160
6. No detention order shall be invalid or inoperative
merely by tne reason thal.-
(1) That the person to be detained under there is
outside the limit of the territorial Jurisdiction of
the oFficer nraking the order.
(2) That the place of detention of such person is
outside the said iimits.
7. (1 ) lf the State Government or the otticef making r
order under sub-section (1) of section 3 has tfE
reason to believe that a person in respect of whon
a detention order has been made has abscondel
or is concealing himself so that the order cannat
be executed, in that case,
(a) The provisions ot section 82.83, 84 and 85
ol the Code ol Crirninal Procedure. 1973
shall apply in respect of the said person anc
his Property as if the order directing that h€
be detarned were a warrant issued by th€
l\,1ag istrate .
(b) By order direct the said person to appear
before such ofticer 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 lor 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 lerm which may extend
to one year, or with fine ot Rupees lilty
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.
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 ordinarily not later
than five days and in exceptional circumstances
and tor 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
(2\
e (1)
\2)
161
shall afford him the earliest opportunity of making
a representation against the order to the state
Government.
Nothing in sub-section (1) shall require the authority
to disclose lacts which it considers to be against
the public interest to disclose.
The State Governnrent shallconstitute one or more
Advisory Boards for the purposes ol this Act.
Every such Board shall consist of a Chairman who
shall be a retired Judge of the High Court duly
recommended by the Chiel Justice of High Court
and of not less than two other members who shail
be appointed by the State Governmenl.
10. In every case where a detention order has been macje
Lrnder this Act the State Government shall within three
weeks from the date of detention oI a person under
the order. place before the Advisory Board. the
grounds on which the order has been made and the
representation, il any. made by the person atfected
by the order. and in case where the order has been
made by an oflicer referred to in sub-section (1) of
section 3. also the report by such otficer under sub'
section (2) ol thal section.
11. (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 ol
detention of the person concerned.
(2) The report of the Advisory Board shall specifyina
separate part thereof the opinion ot the Advisory
Board as to whether or not there is sufficient cause
for the detention of the person concerned.
(3) When there is a difterence ol 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.
Constitution
of Advisory
Board.
Reference to
Advisory
Board.
Procedure of
Advisory
Board.
Action upon
the report of
Advisory
Board.
l\,4aximum
period of
detention.
Temporary
release of
person
detained.
Revocation or
modification of
detention
order.
162
(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 ol the Advisory Board excepting that part
of the report in which the opinion of the Advisory
Board is specilied shall be confidential.
12. (1) ln any case where theAdvisory Board has reported
that there is in its opinion sufficient cause for the
delention 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) ln any case where the Advisory Board has reported
that there is in rts opinion no suflicient cause lor
the detention of the person concerned, the State
Government shall revoke that 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 $/hich
has been confirmed under section 12 shall be six
months from lhe date of detention.
Provided that nothing contained in this section
shall aflect the power of the State Government to
revoke or modify the detention order at any earlier
time.
14. (1) A detention order made by any olficer 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 otficer, as the case may be, is
satislied that such an order should be made.
15. (1) The State Government may, at any time, direct
that any person detained in pursuance ol a
detention order may be released lor any specified
period either without conditions or upon such
conditions specilied in the direction as that person
accepts and may, at any time, cancel his release.
163
(2) ln directing the release of any person under sub-
section ('l ), 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 (l) shall
surrender himself at the time and place to the
authority, specilied in the order directing his release
or canceling his release, as the case may be.
(4) lf 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) lf any person released under sub'section (1) lails
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.
16. 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 laith
in pursuance of this Act.
17. 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 lor a term which shall not
be less than three months but may extend to one year
or fine of rupees fifty thousand.
18. ('1 ) The government may, not inconsistent with this Act
make rules lor all or any of the provisions lor
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
Protection of
action taken in
good faith.
Punishmeni
for concealing
pers0ns
ordered to be
detained.
Power to
make rules -
164
comprised in one session or in lwo successive sessio|is. and l
belore the expiry of the session in which they are so laid Assemt)i,
agrees an making any modilicalion in the rule or decides lhat the
rule should not be made, the rule shall thereafter have eiii't
only in such modilied form or be of no etfecl, as the cas3 m:)'
be. so however that any such modification or annulment shall be
without prejudice to the validity of anything previously done unde.
that rule.
C.P Mansar
Secretary to the
Government of Arunachal Praili.sh.
Itanagar.

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