The Rajasthan Prevention of Anti-Social Activities Act, 2006

Rajasthan Prevention of Anti-Social Activities Act, 2006 
(Received the assent of the President on 25.2.2008 ) (Published in Rajasthan 
Gazette, Extraordinary, 4(Ka), dated 5.3.2008 at page 25[10])  An Act to 
provide for preventive detention of boot -leggers, dangerous persons, drug 
offenders, immoral traffic offenders and property grabbers for preventing their 
anti-social and dangerous activities prejudicial to the maintenance of public 
order. 
1. Short title, extent and commencement. - (1) This Act may be called 
the Rajasthan Prevention of Anti-social Activities Act, 2006. 
(2) It extends to the whole of the State of Rajasthan. 
(3) It shall come into force at once. 
2. Definitions.- In this Act, unless the context otherwise requires.- 
(a) "authorized officer"  means a Di strict Magistrate authorized under sub -
section (2) of section 3 to exercise the powers conferred under sub -section 
(1) of that section; 
(b) "boot-legger" means a person who habitually distills, manufactures, stores, 
transports, imports, exports, sells or distributes any liquor,intoxicating drug 
or other intoxicant in contravention of any provision of the Rajasthan 
Excise Act, 1950 (Act No. 2 of 1950) and the rules and orders made 
thereunder, or of any other law for the time being in force or who 
knowingly expends or applies any money or supplies any animal, vehicles, 
vessel or other conveyance or any receptacle or any other material 
whatsoever in furtherance or support of the doing of any of the things 
described above by or through any other person, or who a bets in any other 
manner the doing of any such thing; 
(c) "dangerous Person" means a person, who either by himself or as member 
or leader of a gang, habitually commits, or a attempts to commit or abets 
the commission of any of the offences punishable under  Chapter XVI or 
Chapter XVII of the Indian Penal Code, 1860 (Central Act No. 45 of 1860) 
or any of the offences punishable under Chapter V of the Arms Act, 1959 
(Central Act No. 54 of 1959) or any of the offences punishable under first 
proviso to sub-section (1), and sub -section (1A), of section 51 of the Wild 
life (Protection) Act, 1972 (Central Act No. 53 of 1972) or any offence 
punishable under section 67 of the Information Technology Act, 2000 
(Central Act No. 21 of 2000); 
(d) "Detention order" means an order made under section 3; 
(e) "detenu" means a person detained under a detention order; 
(f) "drug offender" means a person who habitually.- 
(i) Imports any drug in contravention of section 10 of the Drugs and Cosmetics 
Act, 1940 (Central Act No. 23 of 1940) (hereinafter in this definition 
referred to as "the Drugs Act"); 
(ii) manufactures for sale, or sells, or stocks or exhibits for sale, or distributes 
any drug in contravention of section 18 of the Drugs Act; 
(iii) Manufactures for sale or for distrib ution, or sells, or stocks or exhibits or 
offers for sale, or distributes any Ayurvedic, Siddha or Unani drug in 
contravention of section 33-EEC of the Drugs Act; 
(iv) Cultivates any coca plant, opium poppy, or cannabis plant or produces, 
manufactures, possesses, sells, purchases, transports, warehouses, imports 
inter-state, exports inter -state, imports into India, exports from India or 
trans-sships any narcotic drug or psychotropic substances in contravention 
of section 8 of the Narcotic Drugs and Psychotr opic Substances Act, 1985 
(Central Act No. 61 of 1985); 
(v) Knowingly expends or applies any money in furtherance or support of the 
doing of any of the things mentioned in any of the sub-clauses (i) to (iv) by 
or through any other person, or 
(vi) Abets in any manner the doing of any of the things mentioned in any of the 
sub-clauses (i) to (v); 
(g) "habitual", with all its grammatical variations, includes acts or omissions 
committed repeatedly, persistently and frequently having a thread of 
continuity string ing together similar repetitive acts or omission but shall 
not include isolated, individual and dissimilar acts or omissions; 
(h) "immoral traffic offender"  means a person who habitually commits or 
abets the commission of any offence under the Immoral Traf fic 
(Prevention) Act, 1956 (Central Act No. 104 of 1956); 
(i) "property grabber" means a person who illegally takes possession of any 
land situated within the urban limits of any district Head Quarters not 
belonging to himself but belonging to Government, local authority or any 
other person or who illegally enters into or creates illegal tenancies or 
leave and licence agreements or any other agreements in respect of such 
land or who constructs any structure thereon for sale or hire or gives such 
land to any  person on rental or leave and licence basis for construction of 
any structure thereon or use and occupation or who knowingly gives 
financial aid to any person for taking illegal possession of such land or for 
construction of any structure thereon or who c ollects or attempts to collect 
from any occupiers of such land rent, compensation or other charges by 
criminal intimidation or who evicts or attempts to evict any such occupiers 
by force without resorting to the lawful procedure or who abets in any 
manner it he doing of any of the above mentioned things; 
(j) "public order"  shall have the same meaning as assigned to it under sub -
section (4) of section 3. 
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) If, having regard to the circumstances prevailing  or likely to prevail in any 
area within the local limits of the jurisdiction of a District Magistrate, the State 
Government is satisfied that it is necessary so to do, it may, by order in 
writing, direct that the District Magistrate, may also, if satisfie d 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 authorized officer he shall 
forthwith report the fact to the State 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 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) For the purpose of this section, a person shall be deemed to be "acting in 
any manner prejudicial to the maintenance of public order" when such person 
is engaged in or is making preparation for engaging in any activities whether as 
a boot-legger or dangerous person or drug offender or immoral traffic offender 
or property grabber, which affect adversely or are likely to affect adversely the 
maintenance of public order. 
Explanation. - For the purpose of this sub -section Public order shall be 
deemed to have been affected adversely or shall be deemed likely to be 
affected adversely inter alia if any of the activities of any person referred to in 
this sub-section directly or indirectly, is causing or is likely to cause any harm, 
danger or alarm or feeli ng of insecurity among the public at large or any 
section thereof or a grave or widespread danger to life, property or public 
health. 
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 warrant of arrest 
under the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974). 
 
5. Power to regulate place and conditions of detention. - 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 of discipline and punishment for breaches of 
discipline, as the Government may, be 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. Grounds of detention severable. - Where a person has been detained in 
pursuance of an order of detention under section 3 which has been made on 
two or more grounds, such orde r of detention shall be deemed to have been 
made separately on each of such grounds and accordingly.- 
(a) Such order shall not be deemed to be invalid or inoperative merely because 
one or some of the grounds is or are.- 
(i) Vague, 
(ii) non-existent, 
(iii) not-relevant, 
(iv) not connected or not proximately connected with such person, or 
(v) invalid for any other reason whatsoever, and it is not, therefore, possible to 
hold that the State Government or the authorized officer making such order 
would have been  satisfied as provided in Section 3 with reference to the 
remaining ground or grounds and made the order of detention. 
(b) the State Government or the authorized officer making the order of 
detention shall be deemed to have made the order of detention unde r the said 
section after being satisfied as provided in that section with reference to the 
remaining ground or grounds. 
7. 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 territorial jurisdiction of the authorized officer making the order, or 
(b) that the place of detention of such person, though within the State, is 
outside the said limits. 
8. Powers in relation to absconding persons. - (1) If the State Government or 
the authorized officer 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 can not be executed, in that case the State Government or, as the case 
may be, the authorized officer shall, irrespective of his ordinary jurisdiction, be 
deemed to be empowered to exercise all the powers of the Competent Court for 
issuing a proclamation for such person and for attachment and sale of his 
property situated in any part of the State and for taking any other action, and 
the provisions contained in section 82, 83, 84 and 85 of the Code of Criminal 
Procedure, 1973 (Central Act No. 2 of 1974) shall  mutatis mutandisapply as if 
the detention order as aforesaid was a warrant of arrest issued by a Competent 
Court. 
(2) If such person fails to comply with such proclamation, 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 render 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, shall on conviction, be punished with imprisonment for a term which 
may extend to one year or with fine, or with both. 
(3) An appeal from any order made by the State Government or, as the case 
may be, by the authorized officer rejecting applicati on for restoration of 
attached property shall lie to the court of sessions having jurisdiction over the 
place where the property in question is situated. 
(4) Notwithstanding anything contained in the Code of Criminal Procedure, 
1973 (Central Act No. 2 of 1 974) every offence under sub -section (2) shall be 
cognizable. 
9. Grounds of order of detention to be disclosed to detenu.- (1) When a person 
is detained in pursuance of a detention order the authority making the order 
shall, as soon as may be, but not later t han three 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) sh all require the authority to disclose facts 
which it considers to be against the public interest to disclose. 
10. Constitution of Advisory Boards. - (1) The State Government shall 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 any High Court. 
11. Reference to Advisory Board. - In every case where a detention 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 constituted by it under section 10 the grounds on which the order has 
been made and the representation, if any, made by the "detenue" and where the 
order has been made by a n authorized officer, also the report made by such 
officer under sub-section (3) of section 3. 
 
12. Procedure of Advisory Board. - (1) The Advisory Board, shall after 
considering the materials 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 through the State Government or from the 
detenue and if, in any particular case, the Advisory Board considers it essential 
so to do or if the detenue desires to be he ard, after hearing the detenue in 
person, submit its report to the State Government, within fifty days from the 
date of detention of the detenu. 
(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 detenu. 
(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. 
13. Action upon report of Advisory Board. - (1) In any case where the Advisory 
Board has reported that there is, in its opinion, sufficient cau se for the 
detention of the detenu, the State Government may confirm the detention order 
and continue the detention of the detenue for a period not exceeding the 
maximum period prescribed by section 14 as it thinks fit. 
(2) In any case where the Advisory B oard 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 detenue to be 
released forthwith. 
14. 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 13, shall be one year from the date of 
detention. 
 
15. Revocation of detention orders. - (1) Without prejudice to the provisions of 
section 23 of the Rajasthan General Clauses Act, 1955 (Act No. 8 of 1955) a 
detention order may, at any time for reasons to be recorded in writing, be 
revoked or modified by the State Government, notwithstanding that the order 
has been made by an authorized officer. 
(2) The expiry or revocation of a detention order (hereinafter in this sub -
section referred to as the earlier detention order") shall not bar the making of 
another detention order (hereinafter in this sub -section referred to as "th e 
subsequent detention order") under section 3 against the same person. 
Provided that in a case where no fresh facts have arisen after the expiry or 
revocation of the earlier detention order made against such person, the 
maximum period for which such perso n may be detained in pursuance of the 
subsequent detention order shall in no case, extend beyond the expiry of a 
period of twelve months from the date of detention under the earlier detention 
order. 
16. Temporary release of person detained. - (1) The State Gove rnment may, at 
any time, for reasons to be recorded in writing, 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 detenue under sub -section (1), the State 
Government may require him to enter into a bond, with or without sureties for 
the due observance of the conditions specified in the direction. 
(3) Any detenue 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 concelling his release, as the case may be. 
(4) If any detenue 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 detenue release under sub -section (1) fails to fulfil any of the 
conditions specified in the direction, for due observance of which a bond was 
executed by him, the bond shall be declared to be forfeited and any person 
bound thereby shall be liable to pay the penalty thereof. 
17. Protection of action taken in good faith - No suit, prosecution or other legal 
proceeding 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. 
 
18. Matters within the purview of t his Act to be dealt with under this Act 
only- On and after the commencement of this Act, no order of detention under 
the National Security Act, 1980 (Central Act No. 65 of 1980) shall be made by 
the State Government or any officer subordinate to it, in res pect of any boot -
legger, drug offender, dangerous person, immoral traffic offender, or property 
grabber in the State on the ground of preventing him from acting in any 
manner prejudicial to the maintenance of public order, in so far as an order 
under this Act, could be made for detention of such person. 
 

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