The Telangana Prevention of Dangerous Activities of Communal Offenders Act, 1984.

THE TELANGANA PREVENTION OF DANGEROUS ACTIVITIES OF 
COMMUNAL OFFENDERS ACT, 1984. 
(ACT No. 30 OF 1984.) 
ARRANGEMENT OF SECTIONS 
Sections 
1. Short title, extent and commencement. 
2. Definitions. 
3. Power to make an order detaining communal 
offenders. 
4. Execution of detention order. 
5. Power to regulate place and conditions of detention. 
6. Detention orders not to be invalid or inoperative on 
certain grounds. 
7. Power 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 Board. 
11. Procedure of Advisory Board. 
12. Action upon report of Advisory Board. 
13. Revocation of detention order. 
14. Temporary release of persons detained. 
15. Protection of action in good faith. 
16. Detention orders against communal offender under 
this Act and not under National Security Act, 1980. 
17. Power to order closure of Press. 
18. Repeal of Ordinance No.5 of 1984. 
 
THE TELANGANA PREVENTION OF DANGEROUS 
ACTIVITIES OF COMMUNAL OFFENDERS ACT, 1984.1 
 
ACT No. 30 OF 1984. 
 
1. (1) This Act may be called the 2Telangana Prevention of 
Dangerous Activities of Communal Offenders Act, 1984. 
 
 (2) It extends to the whole of the State of 2Telangana. 
 
 (3) It shall be deemed to have come into force on the 
27th January, 1984. 
 
2. In this Act, unless 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 affect adversely the 
maintenance of public order. 
 
 Explanation:- For the purpo se of this clause, public 
order shall be deemed to have be en affected adversely or 
shall be deemed likely to be affected adversely inter alia, if 
any of the activities of the communal offenders directly or 
indirectly is causing or calculated to cause any harm, 
danger or alarm, or a feeling of insecurity among the  
general public or any section thereof or a grave or wide -
spread danger to life; 
                                                           
1. The Andhra Pradesh Prevention of Dangerous Activities of Communal 
Offenders Act, 1984 received the assent of the President on the 20th 
September, 1984. The said Act in force in the combined State, as on 
02.06.2014, has been adapted to the State of Telang ana, under section 
101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 
2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in 
G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.  
Short title, extent 
and  
commencement. 
Definitions. 
2  [Act No. 30 of 1984] 
 (b) “Communal offender ” means a person who, either  
by himself or as a member or as leader of a gang or an  
organisation commits or attempts to commit or abets or  
incites the commission of offences punishable under section 
153A and section 153B of the Indian Penal Code, or under 
Chapter XV of the said Code. 
 
 (c) “detention order” means an order made under 
section 3; 
 
 (d) “detenu” means a person detained under a 
detention order; 
 
 (e) “Government” means the State Government of 
3Telangana. 
 
3. (1) The Government may, if satisfied with  respect to 
any communal offender, that with a view to prevent 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: 
 
 Provided that the period specified in the order made by 
the Government under this sub -section shall not in the first 
instance exceed four weeks, but the Government may if 
satisfied as aforesaid that it is necessary so to do, amend 
such order to extend such period from time to time so that  
the total period shall not exceed six months. 
 
 (2) If, having regard to the circumstances prevailing or 
likely to prevail in any area within the local limits of the 
jurisdiction of the District Magistrate or  Commissioner of 
Police the Government are satisfied that it is necessary so to 
do, they may, by order in writing direct that during such 
period as may be specified in the order such District 
                                                           
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.  
Central Act, XLV 1860. 
Power to make an 
order detaining 
communal 
offenders. 
[Act No. 30 of 1984]  3 
Magistrate or Commissioner of Police may also if satisfied  
as pro vided 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 s ub-section (2) 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 no such 
order shall remain in force for more than two weeks after the 
making thereof, unless, in the mean time it has been 
approved by the Government. 
 
4. 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. 
 
5. 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 inc luding conditions as to maintenance , 
discipline and punishment for breaches of discipl ne, as the 
Government 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 an order  of 
the Government. 
 
6. 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 ter ritorial 
jurisdiction of the officer making the order; or  
 
Power to regulate 
place and 
conditions of 
detention. 
Execution of 
detention order.  
Central Act 2 of 1974. 
 
Detention orders 
not to be invalid 
or inoperative on 
certain grounds 
4  [Act No. 30 of 1984] 
 (b) that the place of detention of such person, though 
within the State, is outside the said limits. 
 
7. (1) If the Government have, or an officer mentioned in 
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, then, the provisions of section 82  
to 86 (both inclusive) of the Code of Criminal Procedure, 
1973, shall apply in respect of such person and his property 
subject to the modifications mentioned in this sub -section 
and, irrespective of the place where such person ordinarily 
resides, the dete ntion order made against him shall be 
deemed to b e a warrant issued by a competent Court, 
where the detention order is made by the Government, any 
officer, not below the rank of District Magistrate or 
Commissioner of Police authorised by the Government in 
this behalf, or where the detention order is made by an 
officer mentioned in sub -section (2) of section 3, such 
officer, as the case may be, shall irrespective of his ordinary 
jurisdiction, be deemed to be empowered to exercise all the 
powers of the compet ent Court under sections 82,  83, 84 
and 85 of th e said Code 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 under 
the said sections. An appeal from any  order made by any 
such officer rejecting an application for restoration of 
attached property shall lie to the Court of Session, having 
jurisdiction in the place where the said person ordinarily 
resides, as provided in section 86 of the said Code. 
 
 (2) (a) Notwithstanding anything contained in  
sub-section ( 1), if the Government have, or a n officer 
mentioned in sub -section (2) of section 3 has reason to 
believe that a person in respect of whom a d etention order 
has been made has absconded or is conce aling himself so 
that the order cannot be executed, the Government or the 
Power in relation 
to absconding 
persons. 
Central Act 2 of 1974. 
[Act No. 30 of 1984]  5 
officer, as the case may be, may, by order notified in the 
4Telangana Gazette, direct the said person to appear before 
such officer, at such place and within such period as m ay 
be specified in the order. 
 
  (b) If such person fails to comply with such order, 
unless he proves that, it was not possible for him to com ply 
therewith, and that he had within the period specified in the 
order, informed the officer mentioned in the order of th e 
reasons 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. 
 
  (c) Notwithstanding anything contained in the  said 
Code, every offence under clause (b) shall be cognizable. 
 
8. (1) When a person is detained in pursuance of a 
detention order, the authority making the order shall as 
soon as may be, but ordinarily not later than five days and in 
exceptional circumstances and for reason to be recorded in 
writing not later than ten da ys 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 
Government. 
 
 (2) Nothing in sub-section (1) shall require the authority 
to disclose facts which it considers to be a gainst the public 
interest to disclose. 
 
                                                           
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.  
Grounds of order 
of detention to be 
disclosed to 
persons affected 
by the order. 
6  [Act No. 30 of 1984] 
9. (1) The Government shall, whenever necessary 
constitute one or more Advisory Boards for the purposes of 
of this Act. 
 
 (2) Every such Board shall consist of a Chraiman  and 
two other members, who are, or have been Judges or are 
qualified to be appointed as Judges of the High Court. 
 
10. In every case where a detention order has been made 
under this Act, the Government shall, within two weeks from 
the date of detention of a person under  the order, place 
before the Advisory Board constituted b y them under 
section 9, the grounds on which th e 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 mentioned in sub-section (2) of section 3 
also the report by such officer  under sub-section (3) of that 
section. 
 
11. (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 Government 
or from any person called for the purpose through the 
Government or from the person c oncerned and if, in any 
particular case, the Advisory Board considers it essential so 
to do or if the person concerned desires to be heard either 
in person or through his  legal advisor after hearing him in 
person or through his legal advisor submit its  report to the 
Government, within three 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 f or the detention of 
the person concerned. 
 
Constitution of 
Advisory Boards. 
Reference to 
Advisory Board. 
Procedure of 
Advisory Board. 
[Act No. 30 of 1984]  7 
 (3) When there is a difference of opinion among the 
members forming the Advisory Board, the opinion of  the 
majority of s uch 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. 
 
12. (1) In any 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, 
for such period, not exceedin g the maximum period 
specified in section 3 as they think 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 Government shall 
revoke the detention o rder and cause the person to be 
released forthwith. 
 
13. (1) Without prejudice to the provisions of section 15 of 
the 5[Telangana General Clauses Act, 1891 ] a detention  
order may at any time, be revo ked or modified by the 
Government, notwithstanding that the order has been made 
by an officer mentioned in sub-section (2) of section 3. 
 
 (2) The revocation of expiry of a detention order shall 
not bar the making of fresh detention order under section 3 
aganist the same person, in any case, where fresh facts 
have arisen after the date of revocation or expiry, on which 
the Government or an officer, as the case may be, are  or is 
satisfied that such an order should be made. 
                                                           
5. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.  
Action upon 
report of Advisory 
Board. 
Revocation of 
detention order. 
Act 1 of 1891. 
8  [Act No. 30 of 1984] 
14. (1) The 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 person under  
sub-section (1), the 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 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 u nder the said 
sub-section or in the bond entered into by him the bond 
shall be declared to be forefeited and any person bound 
thereby shall be liable to pay the penalty thereof. 
 
15. No suit, prosecution or other legal proceeding shall lie 
against the Government or any o fficer or person , for 
anything in good fai th done or intended to be done  in 
pursuance of this Act. 
 
16. On and after the commencement of this Act no order of 
detention under the National Security Act, 1980 shall be 
made by the Government o r any of their officers under that 
Act in respe ct of any communal offender in the State of 
Temporary 
release of persons 
detained. 
Protection of 
action in good 
faith. 
Detention orders 
against communal 
offender under 
this Act and not 
under National 
Security Act, 
1980. 
Central Act 65 of 1980. 
[Act No. 30 of 1984]  9 
6Telangana on the ground of preventing him from acting in 
any manner prejudicial to the maintenance of  public order, 
where an order of detention may be or can be made against 
such person, under this Act. 
 
17. (1) Whenever t he Gover nment are satisfied that any 
press has been us ed for the  purpose o f printing or 
publishing any newspaper, news sheet, book or other 
document containing  matter, which is or which is likely to 
promote disharmony or feelings of enimity, hatred or ill -will 
between different religious or racial groups or castes or 
communities or cause fear to the public or to any section of 
the public whereby any person may be induced to commit 
an offence against the public order, they may order the 
closure of such press for such period or per iods as they 
may deem necessary ; which shall not in the aggregate 
exceed one month: 
 
 Provided that no such order shall be made unless t he 
press or the person incharge of the press has been given an 
opportunity of explaining within twenty four hours as to why 
such an order shall not be made: 
 
 Provided further that in exceptional circumstances 
where it is not practicable to give an opportuntty as 
aforesaid for reasons to be recorded in writing an order for 
the closure of the press at once may be made ; but the 
reasons for such closure shall be communicated to the 
press or the person incha rge of the press within five days 
from the date of such closure: 
 
 Provided also that the expiry of an order of closure 
shall not bar the making of a fresh order of closure against 
the same press in any case where fresh facts have arisen or 
the press continued to be used for the purpose mentioned 
                                                           
6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.  
Power to order 
closure of Press. 
10  [Act No. 30 of 1984] 
in th is sub -section, after the expiry of the earlier order of 
closure. 
 
 (2) Any such power as is specified in sub -section (1) 
may also be exercised by the District Magistrate or the 
Commissioner of Police. 
 
 (3) Any person aggrieved by an order made under  
sub-section (1) may, within sev en days from the date of the 
order, prefer an appea l to the Metropolitian S essions Judge 
in the case of twin cities of Hyderabad and Secunderabad 
and to the Principal District and Session Judge, elsewhere. 
 
 Explanation.- For the purposes of this section,- 
 
  (i) „„document‟‟ includes any painting, drawing or 
photograph or other visible representation; 
 
  (ii) „„newspaper‟‟ means any period ical work 
containing public news or comments on public news; 
 
  (iii) “news sheet ” means any document other than a 
newspaper containing public news or comments on public 
news; 
 
  (iv) “press” means a printing press, and includes all 
plant, machinery, duplicator s, types, implements and other 
materials used for the purpose of, or in conne ction with, 
printing or multiplying documents. 
 
18. The Andhra Pradesh Prevention of Dangerous Activities 
of Communal Offenders Ordinance, 1984 is  hereby 
repealed. 
 
* * * 
Repeal of 
ordinance No.5 of 
1984. 

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