The Assam Preventive Detention Act, 1980

Registered No.-A.12 
The Assam Gazette 
Q)ll'fRq 
.. E. ~(T_ R.AC~DIN ARY 
I 
- PUB.LISHED . BY AUTHORilY 
~( 44 frfxf 1.~ , lCf ~~~. 19 iSf..__'e'Tt~, 1980, 28 ~l~t", 1902 (~~ ) 
No. 44 , , Dl•p•r, Sattarday, 19th Jaly , 1980, 28th f>.sadha, 
1H2 (S. E.) 
--- ....__.; ___ -================================= 
'! · : . 
,. .GOVERNMENT ,OF ASSAM 
ORDERS BY THE GOVERNOR 
LEGISLATIVE DEPARTMENT 
~-1:'. i: ; .~; }~Q .. , .. ~ . .· 
N@TIFICATION . 
The 19th July, 1980 
No.LGL.3 180/108.-The . following Act made by the 
President and publish~d in . the Gazette of India Extra_ 
Ordinary, Part II of Sectioh I, dat ed 19th July , 1980 is 
republished for general information. 
Name · of Act 
The Assam 
Preventiv ·e Detention 
Act, 1980 
U. TAHBILDAR, 
Secretary to the Govt. of Assam , 
Legislative Department. 
No. of Act Date o f asse nt 
P residen t's Act 1 9th July,1980 
No. 5of1980 r1 
-- . u.~;s_J.---.·~ 
222 .1..dE ASSAM GAZE TTE, EXTRAORDlNARY. JULY ,19 190S 
·----. - - ---------~--.... ~- ·-.. """' 
Presi dent 's Act No.5 of 1980 
THE ASSAM PREV ENTIVE DETENTION ACT, 1980 
Recei ·ved the assent of the P resident on 19th July, 1980. 
Enacted by the President in the _ Thirty-first Year of the 
Republic of India . 
An 
Act 
to provide for preventive dete ntion in certain cases and 
matters con necte d therewith. 
Short title 
and extent. 
Definition s 
, 
In exercise of the powers conferred 
bv section 3 of the Assam State Legisla­
ture (Delegation of Powers) Act, 1980, 
the Preside n t is pleased to eriact as 
follows :-
1. (1) This Act may b e called the · 
Ass am Preventive Dete ntion A ct, 198 0. 
(2) It extends t o t he whole of the 
State of Assa m . \.,.,.,"' 
2. In this Act, unl ess 
othe~·wise requires,- . ,,. 
the conte xt 
(a) "Aclvisory Boa rd" m eans the 
Board constituted under se ction 9 ~ 
(b) ''det ention order" me ans an 
order made under sect ion 3 ; 
(c) "State" me ans the Stat e of 
Assa m; 
(d) "State Gover nment" m ean s 
the State Gover n ment of Assam . 
Power 10 '"> (1) T'· St t G t maKe ord'ers ,), J1e a e OVernmen Or an y 
<let a in in gofficer of the State Governme n t . n ot be­
certain per-1ow the rank of ·a Secre tary· to the · State JOn5. 
Governrnent, or a District Ma~istrate 
may, if satisfied with r espect to any per­
son th at with a view to preve n tin g him 
u .r 1'1!!. 
· .... -~ 'V ~ '" ' '" " .. , ~ • 
TRE ASSAM 0AZE'I"rE, EXTRAORDINA RY .JULY. 19, 1980 223 
.• ·. 
from acting in anv manner preiudicial to 
the securitv of the · State, the maintenance 
of public order or the maintenance of 
supplies and services essential to the com­
munity, it is necessar v so to do, make an 
order directing that such person be 
detained: 
Provided that no order of detention 
shall be made under this sub-section with 
respect · to any person with a view to 
preventing him ·from acting in any man­
ner preiudicial ·to the maintenance of 
su-pplies of commo dities essential to the 
community, and for the purposes of this 
P.roviso. the expression "acting in any 
manner preiudicial to the maintenance 
oi supplies of commod ities ·essential to 
th~ community" shall have the same mean­
ing as in the Explanatio n to sub-section (1) 
of section 3 of the Prevention of Black­
marketing and Maintenance of Supplies 
Ccatra!Act f E t " 1 C d" . A t 1980 · er 1, 10. .o ssen ia ommo l ties c -, . 
; ~J'.'· 
(2) When anv order is made under 
t11e preceding sub-section bv any officer 
rr~entioned therein, he shall forthwi th 
report the fact to the State Governmen t 
together with the grounds on which the · 
order has been made and such other 
particulars as in his opinion hav P a bear­
ing on .the matter, and no such order 
shall remain in force for more than 
twelve davs after the making thereof 
unless in the meantime it has been ap­
proved by the State Government: 
. 
> 
Provided tha t where under section 
8 the grounds of detention are communi­
cated bv the officer maldng the order 
after five davs but not later than ten 
davs from the date of detention . this 
sub-section shall applv subiect to the 
modification that. for the words "twelve 
day.s", thp words "fifteen days'' shall be 
su bsti tu ted. 
' . 
4'. A detention order may be ·execut"' · Executi o 'fl 
or de1ention 
order, ed at any place in India in the manner 
provided for the execution of. warrants · · 
of arrest under the Code of Criminal ··· CcnitalAd 2 ef 1974· 
Procedure, 1973. 
Powers to 5 E · 't ·f · h r egu lat e . very person in respec 0 w om 
plac , and a detention order has been made shah be 
condi ~ons ofliable-
dctentto n . 
(a) to be detained in such place ,, 
and under such conditions, including · 
conditions as to maintenance, disci- · 
pline and punishment for breaches · · 
of discipline, as the State · Govern­
ment may , by general or special 
order . specify; and 
(b) to be removed from · one place · 
of detention to another place of 
detention , wh~ther within the State :· 
of Assatn or in another State, 
by order ·of the State Government: 
Provided that no order shall be made 
by the State GoveOilment under clause 
(b) for the removal of a person from the 
State to another State except with the 
consent of the Government of that other 
State. 
Detention 6 No detention order shall invalid order not to • 
be invalid or or inoperative merely by reason­
in-operati v e 
oncer ta in 
grounds. 
(a) that the person to be detained 
thereunder is outside · the : limits of 
the territorial jurisdiction of the 
State Government or the officer 
making the order, or 
(b) that the place of detention 
of such person is outside the said 
limits . 
Powers in 7 (1) If h St t G ... '. t . th relation to • t e a e overnmen or e 
abscond in sofficer making an order under sub-section 
peraonJ. (1) of section 3 has reason to believe ' that 
; ~· 
a per.son . in respect of whom a detention 
orde:r:.has been made has absconded or 
is concealing himself so that the order 
cannot be -executed, . the , State Govern­
ment , or the . officer making the order 
may-... 
(a) ~ make a report in writing of 
the fact to ·a Judicial Magii;trate of 
the .first class · having jurisdiction in 
· the ~ place . where the said person 
ordinarily resides; and thereupon 
t_he provisions of sections 82, 83, 
84 and 85 of the Code of Criminal 1 Centra!Act 
Procedure, 1973, shall apply in 2 er 1974· 
respect of the said person and his 
property as if the order directing 
that he be detained were a warrant 
issued by the Magi~trate; 
(b)- by. order notified in the Offi-
cial Gazette . direct the said person 
to appear . before such officer at 
such ..... place and within such period 
as may be specified in the order; 
ar:i.d if the. said person fails to com­
ply. with · such direction he shall, 
unless he proves that it was not 
possible -for him to comply ·there­
with - and that he had, within the 
period specified in the order, in­
formed the officer mentioned in the 
order _ of the reason which rendered 
compliance therewith · impossible 
and of his whereabouts, be punish­
able with imprisonment for a term 
which may extend to one year, or 
with fine, or with both . 
·-r-- · --·· ·~· - .. ~ ·-.-· ~--
. (2) Notw,ithstand~ng0 anything contained Central Act 
m tl}e Co_de o.f Cnmmal Procedure, 1973,2 or 1974. · 
every - o_ffence un9er clause . (b) of sub­
section-·(!') s_hall be . cqgnit:~ble. 
.... 
i'fiE .ASSAM GAZETTE. EX'tR iORDiNAR >/;-JUL.,;{ 19, ~ .. -
----- ------ - -- ---
Grounds of 8. {l) When a person is detained in 
::~t~ ~ n°~ 0d~~pursuance of a detention order, the 
disclosed t 0 aut h ority making the order shall, . as 
ieeJso~veff~~~soon as -may be, but ordinarily not later 
order. · than five days and in exceptional 
circumstances and for reasons to be 
record~d in writing not later than ten 
days from the date of detention, commu­
nicate to him the groun _ds on V{hich the 
order has been made . and shall afford 
him the ear liest opport unity of makin,fl 
a representation against the order to 
the State Governme nt. 
1(2) Nothing in . sub-section {l) shall 
require the authority to disclose facts 
whi ch it considers to be against the public 
inter est to dis close. 
. c 0 n ~ tit~- 9. {l) The State Government shall ti on of Adv1- . . sory Board. constit ute one or more Advisory Boards 
for the purposes of this Act in accordance 
with the recomme ndation of the Chiei 
Justice of the Gauhati High Court. 
(2) Every such Board shall consist 
of a Chairman who - shall . be a , serving 
Judge of the .Gauhati High Court ~nd of 
not less than two other .members who 
shall be serving or retired Judges of any 
High Court. 
Reference . 
tl Advisory 10. In every case where a detention 
Board, 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 repre­
sentation, if any, made by the person 
affected by the order, and in case where 
· the order has been made by an ··•· 6fficer 
-referred to in SU b-section (1) of seCtion 
3, also the . report by such . officer under 
sub-section (2) of that section. 
., .. ,·., 
• 
THE AS5AM GAZE_TTE, EXTRAORDINARY, JULY 19, 1980 227 
..........., .a: ...... cz. 
l'roci;ci~r.e , .11. (1)" The Advisory Board shall, 
ef ,Advisory · · "d · th t · 1 1 d Burd. after · cons1 enng e ma ena s p ace 
before it and after calling for such further 
information as it may deem necessary 
from the State Government of 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 s9 to do or if the 
person concerned desires tQ be heard, 
after hearing him in person , submit its 
report to the State Government within 
seven weeks from the date of detention 
of th~ person concerned. 
(2) The report of the Advisory Board 
shaU 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 
·i\dv isory Board, the opinion - of the ma.io­
~:rity of such members shall be deemed to 
· J; ~ the opinion of the Board. 
(5) The proceedings of. the Advisory 
Boklrcl and .the report .. of the Advisorv 
Boqrd , excepting .that part of the repo;t 
in W ... J1ic.h th E; . opinion of the Advisory 
Boe)._rd is_ speciped, sh?ll be confidentiai. 
Actiu upon 12'. (1) In any case where the Advi-
~~ ~et:~\
0
;~ .o ry ~c:ard has :reported th at there is in 
B<:>ard. its oprnwn suffic ien t cause for the deten­
tion .. of a person, the State Gov ernment 
may ·confirm the detention o:rder -and 
228 TI13:ASSAM GAZBT'TE, EXTRAO&OINARY,JULY,., lli'·"9IO .. . . .... ~ . . ·' . . . -~ -
continue the detention of the · }l>erson 
concerned jor such period · as it ,thinks fit. 
· (2)· In any case where the ·1 Advisory 
Board · has reported that ·there is' in its 
opinion no sufficient cause for the deten­
tion of ·the person · concerned,' the ·state 
Government shall revoke the detention 
order and cause the persoh fo be released 
forthwith. 
p e ~~x;:r~~ 13. The maximum ·· 'period for Which 
tcntion. any petsori may be detained ih pursuance 
of any detention order ' ·which 'has' been 
confirmed under section 12 shall be six 
rrionths from the date of detention: 'but in 
no · case · shall exceed ·the · period ·fixed by 
law of Parliament, if any: 
Provided that nothing contained in 
this section shall affect the power of the 
State Government to revoke O'r modify 
the detention order at any earlier time. 
.. _ ... 
R •vocation W' h · d' t th Au A 1 ·.r modifica- 14. (1) it out pre]U ice , (}--. e ! _;-191 ~ 
t~ nor <leten· orovisions of section 23 of the Assam • 
11011 
order s. General Clauses Act, 1915 a detention 
order made by any ' officer may, at any 
-time, oe revoked or modified by the State 
Government. 
(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 o'n which the 
State Government or an officer, as the 
case may be, is· satisfied that ,such ·an 
. order should be made. 
Temporary . 15. (1) The State Government ·may. 
~~
1
~:d:rtpa1~at ·any time, direct that ariy ·person 
ned. detained in pursuance of a detention 
order may be released for any specified 
' ........ ~ 
0 
THii ASSAM G . \.Z i; fT~ . 5Xfl. AO RD IM.Al. Y, JWLY 1,, 1'89 229 
' ~ ' . ,' . 
period eit her withou t con d~t i o n s or u pon 
S"tlch conditio ns s pecified · in the 
·direction as that person acc epts, and may, 
at an y time, cancel his release. 
_ (2) In directin g the release of any 
per-son ·under sub-seGtion (1), the State 
... Gm[ernme nt m ay r equire him to enter 
·into a bond with or w ithout sure ties fo r 
the due obse rvance of the conditio ns 
specifi ed in the direction . 
_(3) . Any pers on released under sub- , 
sectio n (1) shall surre nder himself at the 
tim e and pla ce and to the auth ority , 
specified in the orde r dire ctin g his 
:rE;lease pr -<;:ancell ing his r elease, as the 
case :may be. 
(4) If any person fails witho ut 
suffici ent cause to surrend er him self . in 
the m-ann:e:- specified in sub-s ection (3), 
he shall be pun ish able ' with impriso n­
m ent for a term which 'may exten d to 
. t wo years , or with fine or wit h bot h . 
(5) If any person r eleased u nder sub­
section (1) fail s to fulfi l any of the 
cond itions imposed upon him u nder the 
said sub -secti on or in the bon d ent ered 
into by him, the bond sha ll be decl ared 
to be forfeited and any person b ound 
the reb y s hall be liable to pa·y the 
pen alty there of. 
of P;~t~~t ~o~ 16. No suit , prosecution or other 
ta~en in gaodlegal proceedings shall lie against the-. 
faith. State Government or any officer of the 
State Government or any other person, 
for anything in good faith done or 
intended to be done in pursuance of this 
Act . 
\ 
.230 TWE A~SAM •A:ilM'TE, JXTltAOitDINAltY, JULY 1,, 1'10 
Repeal and 
savin&· 
17.' (1) The Assam Preventive Deten- Assam Ordiaa nce 
tion Ordinance, 1980, is hereby repealed. 3 of 1920 . 
(2) Notwithstanding such repeal, 
anything done or any action taken under 
the said Ordinance shall be deemed to 
have been done or taken under the 
corresponding provisions of this Act as 
if this Act had come into force on the 
18th day of April, 1980. 
N. SANJIVA REDDY, 
President . . 
R. V. S. PERI SASTRI, 
Secy. to the Govt. of India. 
G U!'IATl:-Priated a.nd pa'oJi,llec by th• SlllpJt. i/c,. A.aa Oe.,,t. Priuwn' Presa 
('ax-G•ette) No.87-900 +500-25 ·-19-7-19!10 • 
. )'. ,.. 

‹ Prev All Assam acts Next ›