LexThe Kerala Anti-Social Activities (Prevention) Act 2007
Kerala · state statute
Open in Lexace · Ask the AI about this act[Translation in English of “2007-ലലെ കകേരള സസാമൂഹഹ്യവവിരുദ്ധ പ്രവർത്തനങ്ങൾ
(തടയൽ) ആകക" published under the authority of the Governor]
ACT 34 OF 2007
THE KERALA ANTI-SOCIAL ACTIVITIES (PREVENTION) ACT, 2007*
An Act specifically to provide for the effective prevention and control of
certain kind of anti-social activities is the State of Kerala.
Preamble.— WHEREAS, it is expedient specifically to provide for the
effective prevention and control of certain kind of anti-social activities in the
State of Kerala;
BE it enacted in the Fifty-eighth Year of the Republic of India as
follows:—
1. Short title and commencement.—(1) This Act may be called the Kerala
Anti-Social Activities (Prevention)Act, 2007.
(2) It shall be deemed to have come into force on the 13th day of
December, 2006.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) ''anti-social activity'' means acting in such manner as to cause or
likely to cause, directly or indirectly, any feeling of insecurity, danger or fear
among the general public or any section thereof, or any danger to the safety of
individuals, safety of public, public health or the ecological system or any loss
or damage to public exchequer or to any public or private property or indulges
in any activities referred in clauses (c), (e), (g), (h), (i), (l), (m),(n),(q), 1[(qb)]
and (s) of this section;
* Received the assent of the Governor on the 15th day of October,2007 and published in theKerala
Extraordinary Gazette No.1868 dated 15th october,2007.
1 Inserted by Act 41 of 2014 ( w.e.f 31-12-2014).
2
(aa) "advisory board" means an advisory board constituted under
section 8 by the Government;
(b) "authorised officer'' means any officer authorised by the
Government under sub-section (2) of section 3;
(c) ''bootlegger'' means a person who distils, manufactures, stores,
transports or takes away, imports, exports, sells or distributes any liquor,
intoxicating drug or other intoxicating substances in contravention of the
Abkari Act, (1 of 1077) and the Rules and Orders issued thereunder or any of
the provisions contained in any other law for the time being in force, or
knowingly spent or utilises money or give support or give aid to do any of the
matters mentioned above, by any person or through any person by providing
any animal, vehicle, vessel other conveyances or any tank, any other articles
whatever it may be, or the person who abets to do any such matter in any
manner;
(d) ''close relative'' means spouse, parent, children or sibling and first
degree blood-relatives of such spouse, parent or sibling and includes the
children or spouses of such persons;
(e) ''counterfeiter'' means any person who knowingly and wilfully
makes, stocks or distributes counterfeit coins or currency or valuable security
defined in section 30 of the Indian Penal Code (Central Act 45 of 1860) and
includes a person who knowingly abets any such activities;
(f) ''detention order'' means an order made under section 3;
(g) ''depredator of environment'' means a person who, by any direct act
by which he derives pecuniary or commercial benefit, commits an offence
under any law relating to protection of environment or rivers or under any law
relating to sand mining from any place or under any law relating to quarrying
3
or mining, or who commits or abets the commission of offences punishable
under any law relating to conservation of forests or wild life;
(h) ''digital data and copyright pirate'' means any person who
knowingly and deliberately violates, for commercial purposes, any copyright
law in relation to any book, music, film, software, artistic or scientific work and
includes any person who illegally enters through the identity of the user and
illegally uses any computer or digital network for any illegal personal profit by
deceiving any person or any computer system;
(i) ''drug-offender'' means a person who illegally cultivates,
manufactures, stocks, transports, sells or distributes any drug in contravention
of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61
of 1985) or in contravention of any other law for the time being in force, or
who knowingly does anything abetting or facilitating any such activity;
(j) ''goonda'' means a person who indulges in any anti-social activity or
promotes or abets any illegal activity which are harmful for the maintenance of
the public order directly or indirectly and includes a bootlegger, a counterfeiter,
a depredator of environment, a digital data and copyright pirate, a drug
offender, a hawala racketeer, a hired ruffian, rowdy, an immoral traffic
offender, a loan shark, 1[a money chain offender] or a property grabber;
(k) ''Government'' means the Government of Kerala;
2[(l) ''hawala racketeer'' means a person who, on his own motion or as a
member of any organized group which illegally buys, sells or deals with Indian
currency or foreign currency, engages in such illegal activity];
(m) ''hired ruffian'' means any person who receives pecuniary
consideration in cash or kind for use of unlawful force either by himself or
through any person for causing injury to any person or for criminally
1 Inserted by Act 41 of 2014 ( w.e.f 31-12-2014).
2 Substituted by Act 41 of 2014 ( w.e.f 31-12-2014).
4
intimidating any person or for damaging any property belonging to any other
person or for illegally dispossessing any person from any movable or
immovable property in his possession;
(n) ''immoral traffic offender'' means a person who commits or abets the
commission of any offence under the Immoral Traffic (Prevention) Act, 1956
(Central Act 104 of 1956);
(o) '' known goonda '' means a goonda who had been, for acts done
within the previous seven years as calculated from the date of the order
imposing any restriction or detention under this Act,—
(i) found guilty, by a competent court or authority at least once for an
offence within the meaning of the term 'goonda' as defined in clause (j) of
section 2; or
(ii) found in any investigation or enquiry by a competent police
officer, authority or competent court on complaints initiated by persons other
than police officers, in two separate instances not forming part of the same
transaction, to have committed any act within the meaning of the term 'goonda'
as defined in clause (j) of section 2:
Provided that an offence in respect of which a report was filed by a
police officer before a lawful authority consequent to the seizure, in the
presence of witnesses, of alcohol, spirit, counterfeit notes, sand, forest produce,
articles violating copyright, narcotic drugs, psychotropic substances, or
currency involved in hawala racketeering may be included for consideration
though the report had resulted from an action initiated by a police officer.
Explanation:—An instance of an offence involving a person, which
satisfies the conditions specified in the definition of known rowdy referred to in
clause (p) of section 2 can also be taken into consideration as an instance, along
with other cases, for deciding whether the person is a known goonda or not.
5
(p) ''known rowdy'' means any person, who had been, by reason of acts
done within the previous seven years as calculated from the date of the order
imposing any restriction or detention under this Act,—
(i) made guilty, by a competent court at least once for an offence of
the nature under item (i) of clause (t) of section 2 or any offence notified as
such under the said clause; or
(ii) made guilty, by a competent court at least twice for any offence
of the nature mentioned under item (ii) of clause (t) of section 2 or any offence
notified as such under the said clause; or
(iii) found on investigation or enquiry by a competent police officer
or other authority, on complaints initiated by persons other than police officers,
in three separate instances not forming part of the same transaction to have
committed any offence mentioned in clause (t) of section 2:
Provided that any offence committed by a person,—
(i) by virtue of his involvement as a member of the family or a close
relative of the family , in an incident which took place by reason of a family
dispute or quarrel involving family members of close relatives on either side;
or
(ii) by virtue of his involvement as a neighbour or as a close relative
of the neighbour in an incident which occurred due to a dispute between
immediate neighbours; or
(iii) by virtue of his involvement as an employee of any establishment
in an incident which occurred in connection with a dispute between himself and
the establishment with regard to the conditions of service; or
(iv) as a member of the student community in a recognised
educational institution, by virtue of his involvement, merely by his presence but
6
without any overt act constituting the offence mentioned in clause (t) of section
2 without being involved in any criminal conspiracy facilitating the same, in an
incident which occurred due to the general involvement of students of the
institution in that particular incident; or
(v) as a member of a recognised political party, by virtue of his
involvement merely by his presence, but without any overt act constituting the
offence mentioned in clause (t) of section 2 without being involved in any
criminal conspiracy facilitating the same, in an incident which occurred due to
the general involvement of the workers of that party in an agitation or protest or
programme organised by the party with prior information given to the police
officer or magistrate having jurisdiction; or
(vi) by virtue of his involvement in a criminal act committed by him
before he had attained the age of eighteen years,
shall be omitted from the computation of the number of offences taken into
account for deciding whether a person is a known rowdy;
(q) ''loan shark'' means 1[a person who lends money for exorbitant
interest in contravention of the provisions of the Kerala Money Lenders Act,
1958 ( 35 of 1958), the Kerala Prohibition of Charging Exorbitant Interest Act,
2012 (2 of 2013) or of any other law for the time being in force] a money lender
or any person engaged, by the money lender or someone acting on his behalf,
who uses or threatens to use physical violence, directly or otherwise or through
any person against any person for the purpose of collecting any part of the loan
2[so given for exorbitant rate] or interest thereon or any instalment or for taking
any movable or immovable property connected with the loan transaction or the
realization of whole or part of the loan amount or interest thereon;
1 Inserted by Act 41 of 2014 ( w.e.f 31-12-2014).
2 Inserted by Act 41 of 2014 ( w.e.f 31-12-2014).
7
1[(qa) “ material object” means any movable or immovable property,
including any object, vessel, vehicle or animal, used by any person, directly or
otherwise, for committing or attempting to commit, abetting the commission of,
any anti-social activity;
(qb) “money chain offender”means a person who conducts money
circulation scheme or prize chits punishable under the Prize Chits and Money
Circulation Schemes ( Banning) Act,1978 ( Central Act 43 of 1978);]
(r) ''money lender'' means an individual money lender or any money
lending institution of any type;
(s) ''property grabber'' means a person who illegally takes possession,
either for himself or on behalf of others, of any movable or immovable property
belonging to Government or Government owned institutions or of any person
and includes a person who creates illegal tenancies or lease or licence
agreements or any other agreements, express or implied, in respect of such
properties, or who knowingly gives financial aid to any person for taking
illegal possession of such properties or construction of unauthorised structures
thereon or who attempts to collect from any possessors of such properties, rent,
compensation or other charges by criminal intimidation or who evicts or
attempts to evict any such possessor by force without resorting the lawful
procedure or who abets in any manner or doing of any of the above mentioned
acts;
(t) ''rowdy'' means and includes a person who either by himself or as a
member of a gang commits or attempts to commit, or abets the commission of
any offences under sections 153A and 153B of Chapter VIII and Chapters XV,
XVI, XVII & XXII of the Indian Penal Code, 1860 (Central Act 45 of 1860), or
any offences under the provisions of the Arms Act, 1959 (Central Act 54 of
1959), or the Explosives Substances Act, 1908 (Central Act 6 of 1908),—
1 Inserted by Act 41 of 2014 ( w.e.f 31-12-2014).
8
(i) punishable with five or more years of imprisonment of any type,
or;
(ii) with less than five years of imprisonment of any type, except
those punishable with less than one year of imprisonment; or
(iii) such offences under any other law for the time being in force,
coming under item (i) or (ii), as may be notified by the
Government, from time to time.
(u) ''Secretary, Home Department'' means the Home Secretary to the
Government of Kerala and includes any Government Secretary, Principal
Secretary or Additional Chief Secretary appointed by the Government to
discharge the duties of the Home Secretary.
3. Power to make orders for detaining Known Goondas and Known
Rowdies.—(1) The Government or an officer authorised under sub-section (2),
may, if satisfied on information received from a Police Officer not below the
rank of a Superintendent of Police with regard to the activities of any Known
Goonda or Known Rowdy, that, with a view to prevent such person from
committing any anti-social activity within the State of Kerala in any manner, 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, the Government, if satisfied that it is necessary so to do, may, by
order in writing, direct that during such period as may be specified in the said
order, the District Magistrate having jurisdiction may exercise the powers under
sub-section (1) in respect of such persons residing within his jurisdiction or in
respect of such persons not so resident who have been indulging in or about to
indulge in or abet any anti-social activities within such jurisdiction.
(3) When any order is made under this section by the authorised officer
under sub-section (2), he shall forthwith report the fact to the Government and
9
the Director General of Police, Kerala, together with a copy of the order and
supporting records which, in his opinion, have a bearing on the matter and no
such order shall remain in force for more than 12 days, excluding public
holidays, from the date of detention of such Known Goonda or Known Rowdy,
unless, in the meantime, it has been approved by the Government or by the
Secretary, Home Department if generally so authorised in this regard by the
Government.
4. Execution of detention orders. —A detention order may be executed at
any place in the State of Kerala in the manner provided for the execution of
warrants of arrest under the Code of Criminal Procedure, 1973 (Central Act 2
of 1974).
5. Places of detention .—Every person in respect of whom a detention
order has been made shall be detained in Central Prisons or District Jails within
the State of Kerala and a copy of the detention order bearing the signature and
seal of the detaining authority shall be given to the Superintendent of the Jail
concerned while admitting such person into the Jail.
6. Powers in relation to absconding persons.—(1) If the Government or an
officer authorised under 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
such officer may,—
(a) make a report in writing of the fact to a Chief Judicial Magistrate
or a Judicial Magistrate of the first class having jurisdiction in the place where
the said person ordinarily resides;
(b) by order notified in the Official Gazette direct the said person to
appear before such officer, at such place and within such period as may be
specified in the order.
10
(2) On making a report against any person under clause (a) of sub-
section(1), the provisions of sections 82, 83, 84, 85, and 86 of the Code of
Criminal Procedure, 1973 (2 of 1974), shall apply in respect of such person and
his property as if the detention order made against him is a warrant issued by
the Magistrate.
(3) If any person fails to comply with an order issued under clause (b) of
sub-section (1), he shall, 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 failed to prove that
he could not inform the officer mentioned in the order, be punishable with
imprisonment for a term which may extend to two years, or with fine, or with
both.
7. Grounds of order of detention to be disclosed.—(1) When a person is
arrested in pursuance of a detention order, the officer arresting him shall read
out the detention order to him and give him a copy of such order.
(2) The grounds of detention, specifying the instances of offences, with
copies of relevant documents, as far as practicable, on the basis of which he is
considered as a "known goonda" or "known rowdy" and giving such materials
relating to his activities on the basis of which his detention has been found
necessary, shall be furnished to him as soon as possible, nevertheless, in any
case, within five days of detention and he shall also be informed in writing,
under acknowledgement, of his right to represent to the Government and before
the Advisory Board against his detention:
Provided that nothing in this section shall require any authority to disclose
to the detained person any fact, the disclosure of which will reveal the identity
11
of any confidential source or the disclosure of which will be against the
interests of internal security or national security.
(3) The Superintendent of the Jail where such person is detained shall
afford him reasonable opportunity to consult a lawyer and reasonable assistance
in making a representation against the detention order to the Government or to
the Advisory Board.
(4) The order of detention shall not be deemed to be invalid merely
because one or more of the facts or circumstances cited among the grounds are
vague, non-existent, irrelevant or invalid for any reason whatsoever and such
order shall be deemed to have been made by the Government or the Authorised
officer after having been satisfied about the need for detention with reference to
the remaining facts and circumstances, provided that the minimum conditions
for being classified as a known goonda or known rowdy are satisfied.
8. Constitution of Advisory Board. —(1) The Government shall, constitute
one or such number of Advisory Boards as may be necessary for the purposes
of this Act, with such territorial or functional jurisdiction, as may be specified.
(2) Every such Board shall consist of a Chairman who is, or had been
Judge of a High Court and two other members who are qualified under the
Constitution of India to be appointed as a Judge of a High Court.
(3) The salary, allowances, tenure and service conditions of the
Chairman and members of the Advisory Board may be such as may be
prescribed.
9. Reference to Advisory Board. —In every case where a detention order
has been made under this Act, the Government shall, within three weeks from
the date of detention of a person, place before the Advisory Board, the grounds
on which the order has been made and the representation, if any, made by the
12
person affected, and, in the case where the order has been made by an
authorised officer, the report by such officer under sub- section (3) of section 3.
10. Procedure of Advisory Board and further action .—(1) The Advisory
Board to which a reference is made under the above section shall after
considering the reference and 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 necessary so to do
or if the person concerned desires to be heard in person, after hearing him in
person, prepare its report specifying in a separate paragraph thereof its opinion
as to whether or not there is sufficient cause for the detention of the person
concerned and submit the same within nine weeks from the date of detention of
the person concerned.
(2) When there is 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. The absence of a member shall not invalidate
the decision of the Board.
(3) A person against whom an order of detention has been made under
this Act shall not be entitled to appear by any legal practitioner in any matter
connected with the reference to the Advisory Board, and the proceedings of the
Advisory Board and its report, except that the part of the report in which the
opinion of the Advisory Board is specified, shall be confidential:
Provided that the Board has power to permit legal practitioners in the
cases deemed fit.
(4) In every 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
13
for such period as it thinks fit and in every 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.
11. Detention orders not invalid or inoperative on certain matters.— No
detention order shall be invalid or inoperative merely by reason:—
(a) that the persons 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.
1[12. Maximum Period of detention. —In pursuance of the first detention
order made against any person under this Act and confirmed under section 10,
he may be detained for a period which may extend up to six months from the
date of the detention and in pursuance of such subsequent detention order made
against such person, he may be detained for a period which may extend up to a
maximum of one year.]
13. Revocation of detention order.—(1) A detention order may, at any
time, be revoked or modified by the Government.
(2) The revocation or expiry of a detention order shall not be a bar for
the issuance of another detention order under section 3 against the same person,
if he continues to be a person falling within the definition of known rowdy or
known goonda as given in section 2 (o) or section 2 (p) and if,—
(i) after release, he is, found to have, again involved in an offence of
the nature described in section 2(o) or section 2 (p) at least one instance; or
1 Substituted by Act 41 of 2014 ( w.e.f 31-12-2014).
14
(ii) the facts, which came to the notice of the Government or the
authorised officer after the issuance of the earlier detention order, considered
along with previously known facts are sufficient to cause a reasonable
apprehension that he is likely to indulge in or promote or abet anti-social
activities; or
(iii) the procedural errors or omissions, by reason of which the first
order was revoked, are rectified in the procedure followed with regard to the
subsequent order, even if the subsequent order is based on the very same facts
as the first order.
14. Temporary release of persons detained.—The Government may, at any
time, direct that any person detained in pursuance of a detention order may be
released for a period not exceeding one week either without any condition or
under such conditions as may be specified in the direction, and may at any
time, cancel such direction issued earlier.
15. Power to make orders restricting the movements of certain persons. —
(1) The District Magistrate or a police officer of and above the rank of Deputy
Inspector General having jurisdiction, if satisfied on information received in
respect of a known goonda or known rowdy, after having given him an
opportunity to be heard by notice served on him or pasted at his ordinary
place of residence, if any in Kerala, that he is indulging in or about to indulge
in or likely to indulge in anti- social activities and with a view to prevent him
from so acting at any place within the jurisdiction of such Magistrate or officer,
may make an order,—
(a) directing that, except in so far as he may be permitted by the
conditions made in the order, he shall not visit any such area or place as may be
specified in the order, for a period not exceeding one year;
15
(b) requiring him to report his movements within the State, in such
manner, at such times, and to such authority or person as may be specified in
the order, for a period not exceeding one year:
Provided that a copy of the order along with the grounds for issuing such
order shall be communicated to the Government through the Director General
of Police.
(2) Any person aggrieved by an order issued under sub-section (1) may
represent before the Advisory Board within fifteen days of the date of service
of the order and the Board on receipt of such representation, consider the same,
and after enquiring into the facts and circumstances in such manner as it may
deem fit, shall within thirty days of the date of receipt of such representation,
annul, amend or confirm the order, either in part or in full.
(3) The Government or the authority which issued the order under sub-
section (1) may, on its own motion, annul or amend the order at any time either
in part or in full.
(4) Any person violating an order under sub-section (1) shall be liable to
be punished with imprisonment for a term which may extend to three years.
(5) If an order issued under sub-section (1) above has ceased to have
effect for any reason, a new order under the said sub-section may be issued
against the same person, if he continues to be a person falling within the
definition of known rowdy or known goonda as given in section 2 (o) or section
2(p) and if, after such cessation, he has again involved, in an offence of the
nature described in section 2 (o) or section 2 (p) at least in one instance.
16. Punishment for concealing persons ordered to be detained. —
Whoever knows or has reason to believe that an order against any person has
been made under section 3 or section 15, harbours or conceals such person,
shall be punished with imprisonment for a term which shall not be less than
16
three months but may extend to one year, and shall also be liable to fine which
may extend to one thousand rupees.
1[16A. Prohibition of use of material object .—(1) No person shall use or
cause to be used or permit to use any material object for the purpose of
committing or attempting to commit, or assisting or abetting the commission
of, any anti-social activity.
(2) Any material object used for committing or attempting to commit,
or assisting or abetting the commission of, any anti-social activity in
contravention of sub-section (1) shall, if there is any law to initiate prosecution
proceedings relating to such material object, be subjected to necessary
proceedings, including seizure and confiscation through the competent
authority concerned, under the provisions of such law and where there is no
such law in force, any such material object shall be subjected to seizure and
confiscation under the provisions of this Act.]
2[17. Power to search and seizure. —(1) Notwithstanding anything
contained in any law for the time being in force, the Government or the
authorized officer may, by general or special order, empower any police officer
not below the rank of a Sub Inspector of Police, to search any place or person,
to stop and search any vessel, vehicle, cart or animal or any other conveyance
and where the authorized officer has reason to believe that the same was used
or attempted to be used in contravention of the provisions of sub-section (1) of
section 16A, to seize and take further proceedings in respect of any material
object, including such vessel, vehicle, cart, animal or other conveyance, subject
to the provisions of sub-section (2) of section 16A.
(2) Where a police officer empowered under sub-section (1) detects any
material object, including vessel, vehicle, cart, animal or other conveyance and,
1 Inserted by Act 41 of 2014 ( w.e.f 31-12-2014).
2 Substituted by Act 41 of 2014 ( w.e.f 31-12-2014).
17
(a) if there is a law for initiating prosecution proceedings in respect of
such material object and any person or any conveyance mentioned above has been
detained, the matter shall immediately be informed to the competent officer
concerned or the authority for the purpose of seizing such material object and
initiating such further proceedings as per the provisions of the law concerned;
(b) if such material objects are seized under this Act, the matter shall
immediately be reported before the District Magistrate having jurisdiction.]
1[17A.Procedure for search and seizure.—(1) Where a police officer
authorized under sub-section (1) of section 17 conducts search of any place or
person, the provisions of section 100 of the Code of Criminal Procedure,1973
(Central Act 2 of 1974), shall , mutatis mutandis, apply to such search and in
dealing with any object seized by such an officer, the provisions of sub-section
(3) of section 102, sections 457, 459 and 481 of the said Code shall apply
subject to the modifications that the references to “Magistrate” and “court” in
the said sections shall be construed as “ District Magistrate” and the references
to “Code” shall be construed as “Act” and for the purposes of the said sections,
the rules made by the High Court of Kerala in exercise of the powers conferred
by the said Code, as amended from time to time, shall, mutatis mutandis, as
far as possible, apply to the proceedings under this Act.
(2) Any person aggrieved by an order passed by the District Magistrate
in respect of any material object seized under this Act may, within sixty days
from the date of receipt of such order, prefer an appeal before the Secretary to
Government in charge of the Home Department.
(3) On receipt of an appeal under sub-section (2), the appellate authority
shall, after giving the appellant an opportunity of being heard, pass such order
confirming , modifying or annulling the order appealed against, as it deems fit.
1 Inserted by Act 41 of 2014 ( w.e.f 31-12-2014).
18
17B. Procedure for confiscation. —(1) No order confiscating any material
object under this Act shall be passed without giving the person from whom it is
seized and the owner of such material object,—
(a) a notice in writing informing him the grounds on which such
material object is proposed to be confiscated;
(b) an opportunity to submit a representation in writing against the
grounds of confiscation, within such reasonable time as may be specified in the
notice for the same;
(c) a reasonable opportunity of being heard in the matter; and
(d) an opportunity to produce evidence:
Provided that if such person is not known or cannot be found, the District
Magistrate may initiate the steps under sub-section (2) of section 17C.
(2) Where the owner of the vessel, vehicle, cart, animal and other
conveyances proves to the satisfaction of the District Magistrate that it was
used for committing the anti-social activity without the knowledge or
connivance of himself or of his agent, if any, and the person in charge of such
vessel, vehicle, cart, animal or other conveyance had taken all reasonable and
necessary precaution against such use, no order for confiscation of any material
object shall be passed under this Act.
17C. Order for confiscation.— (1) Where the District Magistrate is
satisfied on the matters coming under his jurisdiction that any material object
was used or is being used or is attempted to be used in violation of the
provisions of section 16A, he may pass an order for confiscation of such
material object, including the vessel, vehicle, cart, animal or other conveyance
used or being used or attempted to be used for carrying the same.
19
(2) Where the person who has committed violation of section 16A and
the owner of the material object seized are not known or cannot be found or no
person makes any claim for the release or return of the material object within
six months, the District Magistrate may, after issuing a proclamation specifying
the details of the material object to be confiscated and requiring any person
who may have a claim on it to appear before him within three months from the
date of proclamation and to establish his claim, if he is satisfied that they may
be confiscated, pass orders for confiscation of the same.
17D. Material objects not liable to confiscation to be returned to the
owner.—Where the District Magistrate passes an order under this Act that any
material object seized and detained under sub-section (2) of section 16A is not
liable to be confiscated under this Act, he shall, after the expiry of thirty days
from the date of such order, release such material object to the person from
whom it was seized or to the owner thereof, subject to such condition as he
deems fit.
17E. Burden of proof .— Where any material object under section 16A is
detected, until the contrary is proved, the person found in possession of such
material object shall be presumed to have acted in violation of the said section
and the burden to prove the contrary shall be on the person who is found in
possession of the material object or on the owner thereof.
17F. Confiscated material object to be vested in Government. —An order
passed under this Act for confiscation of any material object and conveyance
used for carrying it, if any, shall become final after the final decision of the
Government confirming the detention order relating to such material object,
after the expiry of the period of filing appeal under sub-section (2) of section
17A and, if an appeal is filed, after the decision thereon and also after other
legal proceedings, if any, and thereafter the material object and other
conveyance so confiscated shall vest in the Government free from all
20
encumbrances and the District Magistrate shall pass an order entrusting the
possession of the same with any officer not below the rank of a Tahsildar, as he
deems fit.]
18. Protection of action taken in good faith.—(1) No suit, prosecution or
other legal proceeding shall lie against any officer, authorised or not for
anything done or intended to be done in good faith under this Act.
(2) No suit or other legal proceeding shall lie against the Government
for any damage caused or deemed to have been caused by any action taken or
intended to be taken in good faith in pursuance of any order made or deemed to
be made under this Act.
(3) No public servant shall be penalised in any manner for any act or
omission committed in good faith, in pursuance of official duty cast upon him
or in preparing any material or document for the purpose of initiating action
under this Act or for any omission or error in listing out or categorising any
offence in which the detained person had been involved or convicted.
(4) If a public servant commits any act or omission deliberately or
maliciously with the intention of falsely implicating any person under the
provisions of this Act, in addition to the normal prosecution, if it is so ordered
by the Government a sum not exceeding hundred rupees per day for each day
of detention shall be realized from such Government officer and be paid to the
person subjected to such detention.
19. Offences to be cognizable and Non-bailable.—Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of
1974), all offences and wilful violations of lawful orders made under this Act
shall be cognizable and non- bailable.
21
20. Manner of issue of orders of Government. —All orders issued by the
Government under this Act shall be under the seal and signature of the
Secretary, Home Department.
21. Power to make rules.—(1) The Government may make rules, not
inconsistent with this Act, for 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 comprised in one session or in two
successive sessions, and if before the expiry of the session in which it is so laid
or the session immediately following, the Legislative Assembly makes any
modification in the rule or decides that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no effect, as the
case may be, so however that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.
22. Repeal and Saving.—(1) The Kerala Anti-Social Activities
(Prevention) Ordinance, 2007 (44 of 2007), 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.