The Maharashtra Prevention of Communal, Anti-social and other Dangerous Activities Act, 1980.

1981 : Mah. VII]  1 
THE MAHARASHTRA PREVENTION OF COMMUNAL, ANTI-SOCIAL  
AND OTHER DANGEROUS ACTIVITIES ACT, 1980 
[Text as on 23rd April 2024] 
—————— 
CONTENTS  
PREAMBLE.  
SECTIONS.  
 1.  Short title, extent, commencement and application.  
 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 Boards.  
 10.  Reference to Advisory Boards.  
 11.  Procedure of Advisory Boards.  
 12.  Action upon the report of Advisory Boards.  
 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.  Amendment of section 56 of Bom. XXII of 1951.  
 18. Amendment of section 151 of Act II of 1974.  
 19.  Repeal of Mah. Ord. VII of 1980 and saving. 
  
 
 
 
  
2  The Maharashtra Prevention of Communal, Anti-social  [1981 : Mah. VII 
                                                       and other Dangerous Activities Act, 1980 
  
1981 : Mah. VII]  The Maharashtra Prevention of Communal, Anti-social                                  3 
and other Dangerous Activities Act, 1980 
MAHARASHTRA ACT No. VII of 19811 
[THE MAHARASHTRA PREVENTION OF COMMUNAL, ANTI-SOCIAL AND OTHER  
DANGEROUS ACTIVITIES ACT, 1980.] 
 [This Act received the assent of the President on the 22nd January 1981 ; assent was first published in 
the Maharashtra Government Gazette, Part IV, on the 23rd January, 1981.] 
An Act to provide for prevention of communal, anti-social and other dangerous  
activities in Maharashtra and for matters connected therewith. 
WHEREAS both Houses of the State Legislature were not in session ;  
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which 
rendered it necessary for him to take immediate action to make a law to provide for the prevention of 
communal, anti -social and other dangerous activities in the State of Maharashtra and for matters 
connected therewith ; and, therefore, promulgated the Mah arashtra Prevention of Communal, Anti -
social and other Dangerous Activities Ordinance, 1980  (Mah. Ord. VII of 1980)  on the 27 th August, 
1980;  
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature, 
with modifications on account of certain corresponding provisions in the National Security Ordinance, 
1980 (Ord. XI of 1980) , promulgated by the President of India, which has come into force on the 23 rd  
September, 1980 ; It is hereby enacted in the Thirty-first Year of the Republic of India as follows :—  
1.  Short title, extent, commencement and application. — (1) This Act may be called the 
Maharashtra Prevention of Communal, Anti-social and other Dangerous Activities Act, 1980.  
(2) It extends to the whole of the State of Maharashtra.  
(3) It shall be deemed to have come into force on the 27th August 1980.  
(4) Sections 2 to 16 of this Act shall, from the commencement of the National Security 
Ordinance, 1980(Ord. XI of 1980) , on the 23 rd September 1980, apply, and shall be deemed to have 
applied, only to the orders of detention made or deemed to have been made under this Act before the 
23rd September, 1980.  
2.  Definitions.— In this Act, unless the context otherwise requires,—  
(a) “acting in any manner prejudicial to the maintenance of public order” means—  
(i) propagating, promoting, or attempting to create, or otherwise functioning in such a 
manner as to create, feelings of enmity or hatred or disharmony on grounds of religion, race, 
caste, community or language of any persons or class of persons ;  
(ii) making preparations for using, or attempting to use, or using, or instigating, 
inciting or otherwise abetting the use of any lethal weapons (including firearms and 
explosives, inflammable or corrosive substances), where such preparations, using, 
attempting, instigating, inciting or abetting, disturbs, or is likely to disturb, public order ;  
(iii) attempting to commit, or committing, or instigating, inciting or otherwise abetting 
the commission of, mischief within the meaning of section 425 of the Indian Penal Code 
(XLV of 1860) in respect of public property or means of public transportation, wher e the 
commission of such mischief disturbs, or is likely to disturb, public order ; 
(iv) committing offences punishable with death or imprisonment for life or 
imprisonment for a term extending to seven years or more, where the commission of such 
offences disturbs, or is likely to disturb, public order. 
Explanation.— In this clause,—  
                                                   
1  For Statement of Objects and Reasons  of the L.A. Bill No. LXVI of 1980 , see Maharashtra Government Gazette , 1980, 
Extraordinary No.65 Part V, dated the 12th December 1980, page 328. 
4  The Maharashtra Prevention of Communal, Anti-social  [1981 : Mah. VII 
                                                       and other Dangerous Activities Act, 1980 
(A) “firearms” shall have the same meaning as in the Arms Act, 1959 (LIV of 1959);  
(B) “explosive substances ” shall have the same meaning as in the Explosive 
Substances Act, 1908 (VI of 1908);  
(C) “public property” means any property owned or controlled by the Government or 
by a Corporation owned or controlled by the Government or by a society financed wholly or 
substantially by the Government ;  
(b) “dention order” means an order made under section 3 ;  
(c) “detenu” means a person detained under a detention order.  
3.  Power to make orders detaining certain persons. — (1) The State Government may, if 
satisfied with respect to any person that with a view to preventing 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.  
(2) Any of the following officers, namely :—  
(a) District Magistrates,  
(b) Additional District Magistrates specially empowered in this behalf by the State 
Government,  
(c) Commissioners 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 State Government, together with 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 twelve days after the making thereof, unless in the meantime it has been 
approved by the State Government.  
4.  Execution of detention orders.— 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 (2 of 1974).  
5.  Power to regulate place and conditions of detenti on.— 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 State Go vernment 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 order of the State 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) th at the place of detention of such person though within the State is outside the said 
limits.  
7.  Powers in relation to absconding persons. — (1) If the State Government or an officer 
mentioned 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, that Government or officer may—  
(a) make a report in writing of the fact to a Metropolitan Magistrate  or a Judicial Magistrate of 
the first class having jurisdiction in the place where the said person ordinarily resides ; and thereupon 
the provisions of sections 82 to 86 (both inclusive) of the Code of Criminal Procedure, 1973  (II of 
1981 : Mah. VII]  The Maharashtra Prevention of Communal, Anti-social                                  5 
and other Dangerous Activities Act, 1980 
1974), shall apply in  respect of such 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 Official Gazette direct the said person to appear before such officer, at 
such place and within s uch period as may be specified in the order ; and if the said person fails to 
comply with such direction, 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 
reason 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.  
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973  (II of 1974) , 
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 pursua nce of a detention order, the authority making the order shall, as 
soon as may be, but not later 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 State 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 State Government shall, whenever necessary, 
constitute one or more Advisory Boards for the purposes of this Act.  
(2) Every such Board shall consist of a Chairman and two other members, who are, or have been, 
Judges of the High Court or who are qualified under the Constitution of India to be appointed as Judges 
of the High Court.  
10.  Reference to Advisory Boards. — In every case where a detention order has been made 
under this Act, the State Government shall, within thirty days from the date of detention of a person 
under the order, place before the Advisory Board 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 the case where the order has been made by an officer, also the report by such officer under sub -
section (3) of section 3. 
11.  Pro cedure of Advisory Boards. — (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 State Government or from any person called for the purpose though the State 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, after hearing him in person, submit its report to the State 
Government within seven 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.  
(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.  
(5) 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.  
12.  Action upon the report of Advisory Board. —  (1) In any case where the Advisory Board 
has reported that there is in its opinion sufficient cause for the detentio n 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) 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 State Government shall revoke the detention order 
and cause the person to be released forthwith.  
6  The Maharashtra Prevention of Communal, Anti-social  [1981 : Mah. VII 
                                                       and other Dangerous Activities Act, 1980 
13.  Maximum period of detention. — The maximum period for which any person may be 
detained in pursuance of any  detention order made under this Act which has been confirmed under 
section 12 shall be six months from the date of detention.  
14.  Revocation of detention orders. — (1) Without prejudice to the provisions of section 21 of 
the Bombay General Clauses Act, 1 904 (Bom. I of 1904), a detention order may, at any time, be 
revoked or modified by the State Government, notwithstanding 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 ord er 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 State Government or an officer, as the case may be, is satisfied th at 
such an order should be made.  
15.  Temporary release of persons detained. — (1) The State 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 detenu under sub-section (1), the State Government may require 
him to enter into a bond with or withou t 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 
forfeited and any person bound thereby shall be liable to pay the penalty thereof.  
16.  Protection of action taken under the Act.— No suit, prosecution or other legal proceedings 
shall lie against the State Government or any officer or person for anything in good faith done or 
intended to be done in pursuance of this Act.  
17.  Amendment of section 56 of Bom. XXII of 1951. — In section 56 of the 1Bombay Police 
Act, 1951 (Bom. XXII of 1951),—  
(a) after the words “their person or property, or” the following shall be inserted, namely :—  
“(bb) that there are reasonable grounds for believing that such person is acting or is about to 
act (1) in any manner prejudicial to the maintenance of public order as defined in the Maharashtra 
Prevention of Communal, Anti -social and other Dangerous Activities Act, 1980  (Mah. VII of 
1981), or (2) in any manner prejudicial to the maintenance of supplies of commodities essential to 
the community as defined in the Explanation to sub -section (1) of section 3 of the Prevention of 
Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980  (VII of 1980), 
or”  
(b) after the words “violence and alarm ” the words “or such prejudicial act ” shall be 
inserted.  
18. Amendment of section 151 of Act II of 1974. — In section 151 of the Code of Criminal 
Procedure, 1973 (II of 1974), in its application to the State of Maharashtra,—  
(a) in sub -section ( 2), after the words “required or authorised ” the words, brackets and 
figure “under sub-section (3) of” shall be inserted ;  
(b) after sub-section (2), the following sub-section shall be inserted, namely :—  
                                                   
1  Short title of this Act has been amended as “the Maharashtra Police Act” vide Mah. 24 of 2012, s. 2, Sch. Entry 45, w.e.f. 
1-5-1960. 
1981 : Mah. VII]  The Maharashtra Prevention of Communal, Anti-social                                  7 
and other Dangerous Activities Act, 1980 
“(3) (a) Where a person is arrested under this section and the officer making the arrest, 
or the officer in charge of the police station before whom the arrested person is produced, 
has reasonable grounds to believe that the detention of the arrested person for a  period 
longer than twenty -four hours from the time of arrest (excluding the time required to take 
the arrested person from the place of arrest to the Court of a Judicial Magistrate) is 
necessary, by reason that—  
(i) the person is likely to continue the d esign to commit, or is likely to commit, the 
cognizable offence referred to in sub-section (1) after his release ; and  
(ii) the circumstances of the case are such that his being at large is likely to be 
prejudicial to the maintenance of public order,  
the officer making the arrest, or the officer in charge of the police station, shall produce such 
arrested person before the nearest Judicial Magistrate, together with a report in writing stating the 
reasons for the continued detention of such person for a period longer than twenty-four hours. 
(b) Notwithstanding anything contained in this Code or any other law for the time being in 
force, where the Magistrate before whom such arrested person is produced is satisfied that there 
are reasonable grounds for the t emporary detention of such person in custody beyond the period 
of twenty-four hours, he may, from time to time, by order remand such person to such custody as 
he may think fit :  
Provided that, no person shall be detained under this section for a period ex ceeding fifteen 
days at a time, and for a total period exceeding thirty days from the date of arrest of such person.  
(c) When any person is remanded to custody under clause ( b), the Magistrate shall, as soon 
as may be, communicate to such person the groun ds on which the order has been made and such 
person may make a representation against the order to the Court of Session. The Sessions Judge 
may, on receipt of such representation, after holding such inquiry as he deems fit, either reject the 
representation, or if he considers that further detention of the arrested person is not necessary, or 
that it is otherwise proper and just so to do, may vacate the order and the arrested person shall 
then be released forthwith.”  
19.  Repeal of Mah. Ord. VII of 1980 and  saving.— (1) The Maharashtra Prevention of 
Communal, Anti-social and other Dangerous Activities Ordinance 1980 (Mah. Ord. VII of 1980) is 
hereby repealed.  
(2) Notwithstanding such repeal, anything done or any action taken (including any order made) 
under the said Ordinance shall be deemed to have been done, taken or made as the case may be, under 
the corresponding provisions of this Act. 

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