The Orissa Prevention of Dangerous Activities of Communal Offenders Act, 1993
Odisha · state statute
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The Orissa Prevention of Dangerous Activities of Communal Offenders Act,
1993
Act 18 of 1993
Keyword(s):
Acting in any manner prejudicial to the Maintenance of Public Order,
Communal Offenders, Detention Order
ORTSSA ACT I8 OF 1993
% OIUSSA PREVENTION OF DANGEaOUS ACIIVITES OF COMMUNAfi OFFENDEBS
ACT, 1993
TABLE OF CONTENTS
PRWB
Sscno~s
I. Short title and extent
3. Power to make an order detaining communal offenders
4. Execution of detention order
5. Power to regnlatc and conditions of detention
6. Detention orders not to be invalid or inoperative on certain grounds
7. Grounds of detention scverablc
8. Powers in relation to absconding pewom
9. Grounds of detention order to be disolosed to persone affected
10. Constitution of Advisory Board6
11. Reference to Advisory Board
12. Procedure of Advisory Board
13. Action upon report of Advisory Board
-
14. Maxim- period of detention
15. Revocation of detention order
16. Temporary relmt of penrons detained
17. Protection of action in good faith
18. Detention orders againat c~mmunal offender under this Act and not lradar National
Security Act, 1980.
ORISSA ACT 18 OF 1993
*THE ORLSSA PREVEN'IION OF DANGEROUS ACTIVITIES OF
COMMUNAL OFFENDERS ACT, 1993
[Received tho assent of the Prerident on the 19th October 193, first published in an exuaordhv
iseuo of the Orissa Gazette, ds ted the 1 1 th November I993 J
AN ACT TO PROVIDE FOR PRBYBNTlVE DBTBNnON OF COMMUNAL OFPEmERS WITH A VIEW TO
PRBVENTINCt THEIR DANOBROUS AC7mTE6 PRBJUDICLAL TO THB MAINTBNAKCE
QP PUBLIC ORDER AND FOR MATTERS CONNECTBD TEIITREWITH
OR INCIDBNTAL rnrn~.
BE it enacted by tho CcgislaNrc of the State af Orirsa in the Forty-fourth Year
of the RepubIic of India as foIlow8 :-
short {[tie 1. (1) This Act may be called the Orissa Prevenliou of Dangerous Activities of
and Communal Offenders Act, 1993. extent.
(2) It extends to the whole of the State of Orisea.
D:Snillons 2. In this Act, unlm the context otherwise requires,- .
(a) "acting in any manner prejudicial to the maintenance of public order"
means engaging in or making preparations for engaging in any of the
activities which affect adversely or is likely to a&ct adversely th: mainte-
nance of public order;
Exp?annorion-For the purpose of this clausc, public order shall be deemed
to have ken affected adversely or shall be deemed likcly to beaffected
adversely inter alia, if any of the activities of the communal offendcrs
directly or indirectly is causing or calculnted to causeany harm, danger
or alarm, or a feeling of insecurity among thc gencral public or any section
thereof or a grave or widespread danger to life.
(b) ucommunal offender^" means a person who, cilher by himself or as 3
member or a6 a le3dcr of a gang or an organisdion, commits qf attemptB
to commit or abets or incite the commission of an offence punishable
under Section 153-A or 153-B of the Indian Penal Code, or under 4s of 1860
Chapter-XV of the said Code, or under subsection (2) of Section 505
thereof;
(c) "detention o;der" means an order of dctendon made under Section 3;
, , - ,. - ,Id) uGoverment'! means the State Govetoment of '0ri6sa.
, .
Power to 3. (1) The Oovernment may, if satisfied with respect to any communal offender
make an that with a view to preventing him from acting in any manner prejudicial to the
order doteIn- maintenance of public order it is necessary so to do, mske an ordcr direct ing that
bg cornmu- such person be detained. ma1
omen ders . (2) If, having regard to-tbc circumstances prevailing or likely to prevail in any
area within the local In116. of the jurisdiction of the District Magistrate, the
~~vernrneat is satisfied that lt is necessary so to do, it may, by order jn writing,
direct that, during such p~riod a6 may bc specified in the order, such District
Magistrate may ~$0, if satlsficd as provided in sub-scction (11, exercise the powers
conferred by thc sa~d sub-section:
provided that the period specified in an order made'by the Government
under this sub-section shall not, in the first instance, exceed three month, but
tht O~vernment may, if 6atided as aforesaid that it is necessary GLI to do, amend
such order to extcnd Bu~h period from time to time by any peri~d not exceeding
three months at any onc time.
(3) When any detention order is m3de by a District Magistrate, he shall
forthwith report the fact to the Government together with the grounds on which the
order has been made and such other particulars, as in his opinion, have a bearing on the
matter, and nosuch order shall remain in force for more thanfifteen days after the
making theeof unless, in the meantimu, it has been approved by the Govcrnment.
*For the 13ill me Odsm Gazette, Utmo-, dated the 7th April 1993 (No. 477)
axecullon
d dttdlon
order.
Power to
regula le
place end
condiliofls
of deteal!on.
4. A detention order may be exccutcd at any place in India in the manner 2 of 1974
provided for the execution 01 warrants UP arrest under the Code .of criminal
Procedure, 1973.
5. Evcry person in rcspcct of whom a detention order h?s been made shall be
liable-
(CI) to be dctained in such place and under such conditibns ineIuding conditions
26 to maintenance of discipline and punishment for b~caches of discipline,
at the Governmenr msy, by general or specia~ ordcr, specjfy ; and
(b) to be rcmoved from one place of detention to another place of dctcniion
with thc Slate by an order of the Government.
Detention 6. No detention order shall be inbalid or inoperatjve merely by reason- clrde*r not
to be inval Id (a) that the person to be detaincd thereunder, though within the State is outside
or inopera the limits of the territorial jurisdiction of the District Magiscrate making
tive on
certain thc ordcr; or
grounds. (b) that rhe place of detention of such person, though within thc State,
is ouisidc the said limits.
Ground of 7. Where a person has been detained in Pursuance of a detention order which detention
gemable. hae been made an two or more grounds, such detention wdtr shall be deemend to
have been made 6gpar ratcly on each of such gd~ds and, accordingly,-
(a) such order shall not be deemed to be invalid or inoperative merely
becausc one or some of the grounds is or are-
li) vogue,
(iq non-existent,
(iii) not relevant,
(iv) not connectcd or not proximaiely connected with sueh person, or
(v) invalid for any other reason whatsoever,
and it is not, therefore, possible to hold that the Government or the District
Magistrate makin2 such order, as the cxe- may be, would have been satisticd
as provided in Section 3 with reference to the remaining ground or grounds and
made the order of detention;
(b) rhe Government or the Distrjct Magistrate making the order- cf dctentio,
as thk case may &I, shnIl bc dccmcd to have made lhe order of detention
under the said section after being satisfied in , that section with reference
to lhe remaining ground or grounds.
Powers in
relalion to 8. (1) If the Government, or the District Magistrate mentioned in sub-section (2 2 L974
skond,ng of Section 3, a6 the case my be, has reason to believe -that a person, inrespect
Parsons. of whom a detenlionorder has been made, has absconded or is concealing himself
so that the urdcr cmno? be executed, the Government or the District Magistrate
, . may-
(a) makt report in writing of the fact to a Judicial Magistrate of .tbt First
Class having jurisdiction in the place where the said pecan 'ordinarily
- resides; or '.
(b) by order, notified in the Official Gazette, direct thc said person to
appear before such officer, at such place and wit hiq such period as- may
, be specified in the order.
'
(2) Upon the making of a report against any person under clause (a) of subsection
(l), thc provisions of Sections 82,83, 84, 85 .and.'86 of: the Code of Crimjaal
Procedure, 1973 shall appIy in ,respect,, of, such persop ,end his property as if
the detention order made agaidst him were a warrant issued by the Magistrate, '
. .
.I31 If any perch fails to comply with an +order nuder clause-. (b) of' &E4ection
(l), he shall, unlc6s hc proves that it was not possible for him to, comply
therewith and that be had,- within the- Period - specified jn:tiie ordei-. informed' ,-the
,, . . officer mentioned -in the. order of the rea'son. which re-ndered compliiinci ther&ak'' . - - ,
impb'ssible and- of his whereabouts, be punishable with iinprisonwntf fGr 'a ' icim
which may extend to onc ycar, or with fine, or with both.
. . r_ . .. - ' ... - . ., '* - . . ---
. - (4) ~otwiths tahdibi iii*hiigg ~6~tiinct.in the, Cod? , Criminal pro~d~re,'~,.~97~ 2 ol JW~
every offence under sii§lon.(3) shall ,be cognizable. " ' " '. ' '
Grounds 01 9. (1) Whcn a person is dctajned in punbance of a dctcntion order, the authority detEnt'on making the order shall, as soon as may bc, but ordinarily not leler than Eve days and in order to be disc~osed to exceptional circumstances and for reasons to be recorded in writing not then ten
persons days from the date of detention, communicate to him the grounds on which the order has
Mectcd. been made and shaI1 afford him the earliest opportunity r f making a representation aga-
inst the ordcr to the Government
(2) Nothing in sub-section ( I) shall req~ire the authority, to disclost facts which
it considers to be against tbe public interest lo disclose.
Constitution 10. (1) The Government shall, whenever neczssary, constitute, one or more Advisory
O' Boards for the purposes of this Act. Boards.
(2) Every such Board shall consist of a Chairman and two other members, who are.
of have been or are qualified to be appointed, as Judgs of a High Court.
Refarenee to 11. In every case where a detention order ha6 been made under this Act, thc GOVN-
EAy,rg nmcnt 6bal1, within three weeks from the date af detention of a person vndcr ths ard~
place bcfore the Advisory Board, cbnfitituted under Section 10, the grounds on which the
order has been madc and the npesentation, if any made by the pcrscw, affected by the
order, andin the case wbere the order bas been made by the District Magistrate
rncrrtjoncd in sub4ection (2) of Section 3, also the report by such Magistrate under
subsection (3) of that Section.
Prwcdum Ad\,isory 12. (1) The Advisory Board shall, after considering thc materials phced before it
' Board. and zfter ca~ling for such further information as it may deem necessary from the Govern-
ment ar from any person called for the purpose through the Government or from
the person concemcd, and if, in any particular case, the Advisory Board corniden it
essentia1 so to do or if the person conceraed desires to be heard after hearing him in
person, subimit it6 report to the Government witbin scven wceks from the date r f deten-
tion cf the person cmcerned.
12) The report of the Advisory Board shall specify in a separata part thereof the
opinion of the Advisory Board as to whether or not there is sufficient cause for the dete
ntion ~f the pcrson concerned.
(3) When thcre is a difkrence of opinion amang the members forming the Advisory
Board, the opinion of the majorlty of such members shall be deemed to be the opinion
of the Board.
(4) Nothing in this section shall entitle any person against whom a detention order
has been made to appear by any leg4 praotitioner in any matter connected with the
reference to the Advisory Board, and the proceedings of the Adviaory Board and its
report, excepting that pa? of the report in which the opinion of the Advjwry Board
is specified, hall be codfrdcntral.
Aelion upon 13. (I) In aqg case where the Advisory Board has reported that there is in
regart of it6 opinion, mfic~ent cause for the detent~on of a person, the Government may
Advisory conkm the detentim order and continue the detention of the person concerned for Board. such period, not exceeding the maximum period specified in section 14, es they think fit.
(2) In any case where the Advisory Board has reported-that there is, in its
opinioo, sufficient cause for the detention of the person concerned, the,Govcmment
shall revoke the detention order and cause the person to be released fodbwith.
Maximum 14. The maximum period for which aaY -person may be detained in pursuance
$:fig of any detention order which !BS been anfirmed under Section 13 ~hsli be t~alre
months from the date of deten~on:
Prcvidad that nothing contained in th@ Section shall affect the power of tb
Government to revoke or modify the detentron ordcr at any earlier th~.
Revocation IS. (I) Without prejudice to the provisions of Section 22 of the Orissa
of detention General Claufies Act, 1937, a detention order may, at any tirnc, be revoked or modifi d order. by the Government, or any officer authorised in th~t b-:h If by the orla AE~ 1
Government, cotwithstanding that the order has been rnpd.: by a Disbict Magistrate of I937-
mentioned in sub-section (2) of-Section 3 or by the Govermcnt. '
(2) The revmation or expiry or a detention order shall not bar the making
of a frcsh detention ordcr under Section 3 against the same pcrson, in any case,
where fresh facts have arisen aftcr the date cf rcvoc tlon or explry,on which
the Government or the District Magistrate, as the case may be, is salibd that
such an ordx should be mde.
, ..,. - . ,..
Tempow 16. (I) The Government may, at any time, direct th?t any person dctaincd
rel- of in PursuanLe of a detention order m- y be released for ; ny spccificd pcriod either
person9 without cond~i~n,: or upon such conditions spccikd in the direcrion as that. ~,~-.l?''
dclsinedm penon accepts and may, at any time, cancel his release.
(2) Tn direcling thc relcsse cf any pcrson nuder sub-seclion (I). the St?tc Govem-
mcnt may rcquire him to enter into a band, with or without sureti~s, for the'due .!
ob~ervancc of rhe canditions specified in the direction.
(3) .A.np pcrson re!cxcd uadpr sr;S-section I!? shzI! sr;:r=;ldcr kiixc!f at the
. . . tirnc and p1.1ce . and to the authority, specified UI themorder directing his release or .
wncelkg his re!esk, 2s fh:: CISP 2:~:~ he. . . dr - -.
(4) Tf any person fails without sufficient cause to surtecder himself in thc manner
specificd in st~b-section (31, he shall be punishable with imprisonment for a term
which may extend to two scars. or with finc, or with both. , 1 .r>
(5) TI any person relead under sub-s~ction (11 fails to fulfil any of the
conditions ir.lposed upon him under the said sub-secliori or in the bond enlered into
by him, the bond Shall be dccl [red Lo be CorFcilcd and any person bound thercbv shall ,be'
liable to pay th:: penalty thzre-i.
ProtcctIon 17. No, suit, rosec cur ion or their 1cg.I proceeding &hall lie against tbe Govcmment or action in
goad foirh. or any o%c:r or pcrson, for anything done in gcod faith in puriuawe of this Act.
- -I
T)clention 18. On and arter th; commcnccmcnt of thk Acr n? rrdb:r of dztcntion undcr the
N: tion. I Sccurity ~ct, 1990 shall bc mde by the Govern~ncnt rr any r f its offcers against
communal under lhnt Act in respect of any comlnun 1 offcndcr iil tnc Stale of Oricsa on thc gr, uild 65011980
olrtndcr of preventing him from :'cling in . ny mnnner prcjudici 1 t., thc m inlenance or public
under this ordcr, where an order of detention may be, or can be, m3de ag-inst such Person undef
Act and no1
under ~atio- this Act.
nal Sucurity
Ad, 1980-