The ODISHA PREVENTIVE DETENTION ACT, 1970

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ORISSA ACT 4 OF 1970
* THE ORISSA PREVENTIVE DETENTION ACT, 1970
 
[Received the assent of thePresidenton the4th March 1970,firsi- publishedinan extraordinaryissue.of theOrissaGazette,dated the 5th March 1970]
 
AN ACT TO PROVIDE FOR PREVENTIVE DETENTION IN ORDER TO CHECK CERTAIN
ACTIVITIES SUCH AS NAXALITE ACTIVITIES AND OTHER ACTIVITIES
. OF LIKE NATURE AND FOR MATTERS INCIDENTAL THERETO
B, it enacted by the Legislatureof the Stateof Orissa in theTwenty-firstyearof theRepublicof Indiaas follows—
et tlle 1,(1)This Act may be called the Orissa PreventiveDetentionCommence- Act, 1970.
. (2)Itshallextendto thewhole of the Stateof Orissa.
(3)Itshallcome intoforce at once.
(4)It shall cease to have effecton the expiryof threeyears from
thedateof itscommencement exceptas respectsthingsdone or omittedto be done beforethe expirationthereof and section 5 of the Orissa
General Clauses Act, 1937 shallapply uponthe expiryof thisAct asif gag Actithad then been repealedby an OrissaAct.
Definitins 2.In thisAct “detentionorder’ means an order made undersection3,
Powerto 3.(1)The StateGovernment may,if satisfiedwith respectto anypaleordersperson that with a view to preventinghim from actingin any manner
certoin prejudicialto the maintenanceof public orderit isnecessaryso to do,
- Persons make an ofder directingthat such person be detained.
(2)Any. District
Magistrates,or any Additional District. Magistrates speciallyempowered in thisbehalf by the StateGovernr
| ment, may ifsatisfiedas providedin sub-Section(1),exercisethepower) conferredby the said sub-section.
* (3)When any orderis made under this section by an officer| mentioned in sub-section(2),he shall.forthwith report the factto theState Government together with the grounds on which the orderhas been made and such other particularsasinhis opinion have abearing on the matter, and no such order shall remain in force formore than twelve daysafter the making thereofunless in the meantimeithas been approved by theStateGovernment. ‘
 * Forthe Billsee OrissaGazette,Extraordinary, dated the 20thFebruary 1970(230)
a ed

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Etter 4. A detentionordermay be executedatany placeinIndiainthe*9 1698
| exders. manner provided for the execution of warrants of arrest under the
, Code of Criminal Procedure, 1898.
Brulate 5. Every person in respect of whom a detention order has been
| placeand madeshail be liable—
| snon. (a) to be detained in such place and under such conditions,
including conditions as to maintenance, disciplineand
punishment forbreaches ofdiscipline,as_the StateGovern-
ment may, by generalor specialorder, specify; and
(8) to be removed from one place of detention to another place
cps ee of detention, within the State by drder of the State
Government.
Zones 6.(I)If theStateGovernmentor an officerspecifiedin sub-absconding-section (2) of section 3, as the case may be, has reason to
person. believethat a personin respectof whom a detentionorder has
been made has absconded or is concealing himself so that the
order cannot be executed,that Government or officermay— -
(a)make a report in writing of the fact to a Magistrate
of the firstclass having jurisdictionin the place where
— the said person ordinarilyresides; and thereupon the
| provisionsof sections87, 88 and 89 Of the Code of
} Criminal Procedure, 1898, shall apply in respect of thesof 198
said person and his property as if the order directing
| that he be detained were a warrant issued’by the
Magistrate; or
(byby ordér notifiedin the Gazette directthe said person
to appear before such officer,at such placeand within
such period aS may be specifiedin the order; and if
the said person failsto comply with such directionhe
shall,unless he proves that itwas not possible for him
to comply therewith and that he had, within the
period specifiedin the order, informed the officer
mentionedin the order of the reason which rendered
compliance therewith impossible and of hiswhereabouts,
be punishable with imprisonment for a term which
may eXtend to oneyear or with fineor with both.
(2)Notwithstandinganythingcontainedinthe Code of Criminal,4.ss,
Procedure,1898,everyoffenceunder clause(b)of sub-section(1) shall
be cognizable.
Groundsof 7.(1) When a personis detained in’pursuance of a detention
ison to order,the authoritymaking the order shall,as soon’as may be, but not
pedisclosedlater than fivedays from the date of detention, communicate to him
topersonsthegroundson whichtheorderhasbeen made,and shallaffordhimtheorder.the earliestopportunityof making a representationagainstthe order to
the StateGovernment.
(2) Nothing in sub-section(1)shallrequirethe authorityto disclose
factswhich itconsidersto be againstthe publicinterestto disclose.
pe

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Seastication 8.(1) The StateGovernment shall,whenever necessary, constitute s
Boards,”oneormore AdvisoryBoardsforthepurposesofthisAct. :
. (2) Every such Board shallconsistof three persons who are, or
have been, or are qualifiedto be appointed as, Judges of a High Court,
and such persons shallbe appointed by the StateGovernment.
* (3) The StateGovernment shallappoint one of the members of
the Advisory Board whois or has been a Judge of a High Court to be
itsChairman. , “
Reference 9. In everycasewhere a detentionorder has been made under
Boards. thisAct, the State Government shall,within thirtydays from the date
of detentionunder the order, place before the Advisory Board the
grounds on which the order has been made and the representation,if
any, made bythe person affected by the order, and in case where the
order has been made by an officer,also the report furnished by such
officerunder sub-section(3)of section3.
Procedure 10.(1)The Advisory Board shall after considering the materials
“ Boards.»placedbeforeitand, aftercallingfor such furtherinformationas it
may deem necessaryfrom theState Government or from any person
calledforthe purpose through theState Government or from the
person concerned, andif in any particularcase itconsidersit essential
. so to do orif the person concerned desiresto be heard, after hearing
him in person, submit itsreport to the State Government within ten
weeks from the date of detention.
(2)The report of the Advisory Board shall specifyin a separate
partthereoftheopinionof theAdvisoryBoard as to whether or not
thereissufficientcause for the detentionof the person concerned.
(3)Whenthere is a differenceot opinion among the members of
the Advisory Board, the opinion of the majority of such members
shallbe deemed to be theopinionof theBoard.
(4) Nothing in thissectionshallentitleany person againstwhom
a detention order has been made to appearby any legalpractitioner
in any matterconnectedwiththereferenceto the Advisory Board,and
the proceedings of the Advisory Board and itsreport,exceptingthat
part of the report in which the opinion of the Advisory Board is speci-
fied,shallbe confidential. :
‘Actionupon 11. (1) In_ any case where, the Advisory Board has reported that
o the "reportthere isin itsopinion sufficientcause for the detentionof a person, theofAdvisoryState Government may confirm the detention order and continue the :
the max i-detentionof the person concerned for such period,not being beyond a 'mumpetiodneriodoftwelvemonthsfrom thedateofdetention,asthey thinkfit.
(2) In any case where the Advisory Board has reportedthat there |
is in its opinion no sufficientcause for the detention ofthe person
concerned, the StateGovernment shallrevoke the detention order and
cause the person to be releasedforthwith. .
12. (1) Without prejudice to the provisions of section22 of the gue. feRevocation :
of,detentionOrissaGeneralClausesAct,1937,a detentionorder may at any time
a be revoked or modified,notwithstandingthatthe order has been made
by an officermentioned in sub-section(2) of section 3, by the State
Government.
 

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(2) The revocationor expiry of a detention order shall not bar
the making of a freshdetentionorder under section3 againstthe same
person in any case where fresh facts have arisenafterthe date of
revocationor expiry on which the State Government or an Officer,as.
the case may be,is satisfiedthat such an order should be made,
Tempora 13. (1) The State Government may at any time direct that any /teleaseO 2 : .
persons person detained,in pursuance of a detention order may be released
Sewined, for any specifiedperiod either without conditions or upon such
conditions specifiedin the directionas that person accepts, and may
at any time cancel his release.
(2) Indirecting the releaseof any person under sub-section(1),
the State Government may requirehim to enter into a bond with or
without suretiesfor the due observance of the conditionsspecifiedinthe direction.
(3) Any person releasedunder sub-section(1)shallsurrender him-
selfat the time and place,and to the authority,specifiedin the order
directinghis releaseor cancellinghisrelease,as the case may be.
(4) If any person failswithout sufficient.cause to surrender
himselfin the mannerspecified in sub-section(3),he shallbe punisha-
ble with imprisonment for a term which may extend to two years orwith fineor with both.
(S) If any person released under sub-section (1) failsto fulfilany of the conditionsimposed upon him under the Said sub-sectionor in the bond entered intoby him, the bond shallbe declaredto beforfeitedand any person bound thereby shallbe liableto the penaltythereof, .
Proteinof 14, No suit,prosécutionor other legal proceeding shall lie
Saderie againstany person foranythingingood faithdone orintendedtobe
Act. done in pursuance ofthis Act.
Repeal and 15. (1) The Orissa Preventive Detention Ordinance, 1969, isOrisseOrd
ieee hereby repealed. , anesBo 6
(2) Notwithstanding such repeal—
(a) any order made, anything done, any action taken or any.
Advisory Board constitutedunder the saidOrdinance shail
be deemed to have been made, done, taken or constituted
under this Act as if this)Act had commenced on the ist
day of January, 1970;
(6) any generalor specialorder issued under section 5 of the
said Ordinance shali te deemed to have been issuedunder
thisAct and shallcontinue in force until new orders are
issuedunder theappropriateprovisionsof thisAct; and
(c)any person in detention under the Preventive Detention 4of1950
Act, 1950,who has been detainedfor a furtherperiod under
the saidOrdinance, shallbe deemed to have been detained
under -thisAct and thereuponthe provisionscontainedin
thisAct shallapply in the same manner and to the same
extent as they applyin thecase of detentionordersmade
undersection 3.

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