The Telangana Preventive Detention Act, 1970.

THE TELANGANA PREVENTIVE DETENTION ACT, 1970. 
(ACT NO. 1 OF 1970) 
ARRANGEMENT OF SECTIONS 
Sections 
1. Short title, extent and commencement. 
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 Board. 
10. Reference to Advisory Board. 
11. Procedure of Advisory Boards. 
12. Action upon the report of the Advisory Board. 
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. Continuance of detention orders made under the 
Preventive Detention Act, 1950. 
18. Repeal of Ordinance 6 of 1969. 
 
THE TELANGANA PREVENTIVE DETENTION ACT, 1970.1 
 
ACT NO. 1 OF 1970. 
 
1. (1) This Act may be called 2the Telangana Preventive 
Detention Act, 1970. 
 
 (2) It extends to the whole of 2the State of Telangana. 
 
 (3) It shall be deemed to have come into force on the 
1st January, 1970. 
 
2. In this Act, unless the context otherwise requires,- 
 
 (a) “detention order ” means an order made under 
section 3; 
 
 (b) “Government” means the State Government. 
 
3. (1) The Government may, if satisfied with respect to 
any person that with a view to preventing him from acting in 
any manner prejudicial to- 
 
  (i) the security of the State or the maintenance of 
public order; 
or 
 
 (ii) the maintenance of supplies and services essential 
to the community, 
                                                           
1. The Andhra Pradesh Preventive Detention Act, 1970 received the 
assent of the Governor on the 5 th March, 1970.  The said Act in force in 
the combined State, as on 02.06.2014,  has been adapted to the State of 
Telangana, 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. 
Power to make 
orders detaining 
certain persons. 
2  [Act No.1 of 1970] 
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 Government; 
 
  (c) the Commissioner of City Police, Hyderabad; 
 
may, if satisfied as provided in sub-section (1), exercise the  
power conferred by the said sub-section.  
 
 (3) When an order is made under thi s section by an 
officer mentioned in sub-section (2), he shall forthwith report 
the fact to the Govern ment together with the grounds on 
which the o rder has bee n made and such other particular s 
as in his option have a baring on the matter, and no such 
order shall remain in force for more t han twelve days after 
the making thereof unless in the meantime it has been 
approved by the Government. 
 
4. A detention order may be executed in the manner 
provided for the execution of warrants of arrest under 3the 
Code of Criminal Procedure, 1898. 
 
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, incl uding conditions as to maintenance, 
                                                           
3. See now the Code of Criminal Procedure , 1973 (Central Act 2 of 
1974). 
Execution of 
detention orders. 
Central Act V of 1898. 
Power to regulate 
place and 
conditions of 
detention. 
[Act No. 1 of 1970]  3 
discipline and punishment for breaches of discipline, 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 in the State. 
 
6. No detention order shall be invalid or inoperative 
merely by reason- 
 
 (a) that one or more of the grounds on which the order 
is made is or are vague or irrelevant, when the other ground 
or grounds does not or do not suffer from any such infirmity; 
 
 (b) that the person to be detained thereunder is outside 
the limits of the territorial jurisdiction of the officer making 
the order; or 
 
 (c) that the place of detention of such person is outside 
the said limits. 
 
7. (1) If the Government or any officer specified 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 t he order cannot be executed, the 
Government or officer may- 
 
 (a) make a report in writing of the fact to a Magistrate of 
the first class having jurisdiction in the place where the said 
person ordinarily resides; and thereupon 4the provisions of 
section 87, 88 and 89 of the Code of Criminal Procedure, 
1898 shall apply in respect of the said person and his 
property as if the order directing that he be detained were a 
warrant issued by the Magistrate; 
                                                           
4. See the corresponding provisions of the Code of Criminal Procedure , 
1973 (Central Act 2 of 1974). 
Detention orders 
not to be invalid 
or inoperative on 
certain grounds. 
Powers in relation 
to absconding 
persons. 
Central Act V of 1898. 
4  [Act No.1 of 1970] 
 (b) by order, noti fied in the 5Telangana Gazette, direct 
the said person to appear before such officer,  at such place 
and within such period as may be specified in the order; 
and if the said person fails to comply with such direc tion, he 
shall, unless he pro ves that it was not possible for him t o 
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, be punishable with 
imprisonment for a term which may extend to one year or 
with fine or with both. 
 
 (2) Notwithstanding anything contained in 6the Code of 
Criminal Procedure, 1898 every offence under clause ( b) of 
sub-section (1) shall be cognizable. 
 
8. (1) When a person is detained in pursuance of a 
detention order, the authority making the order shall, a s 
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 Government. 
 
 (2) Nothing in sub-section (1) shall require the authority 
to disclose facts whic h it considers to be against the public 
interest to disclose. 
 
9. (1) The Government shall,  whenever necessary, 
constitute one or more Advisory Boards for the purposes of 
this Act. 
 
 (2) Every such Board shall consist of three persons 
who are, or have been or are qualified to be appointed as, 
                                                           
5. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
6. See the corresponding provisions of the Code of Criminal Procedure, 
1973 (Central Act 2 of 1974). 
Grounds of order 
of detention to be 
disclosed to 
persons affected 
by the order. 
Central Act V of 1898. 
Constitution of 
Advisory Board. 
[Act No. 1 of 1970]  5 
Judges of a High Court, and such persons s hall be 
appointed by the Government. 
 
 (3) The Government shall appoint one of the me mbers 
of the Advisory Board who is or has been a Judge of a High 
Court to be its Chairman. 
 
10. In every case where a detention order has been made 
under this Act, the Government shall, within thirty days from 
the date of the detention under the order, pla ce 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 case where the order has been ma de by an 
officer, also the report by such officer under sub -section (3) 
of section 3. 
 
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 concerned, and if in any 
particular case it considers it essential so to do or if the 
person concerned desire s to be heard, after hea ring him in 
person, sub mit its report to th e Government within ten 
weeks from the date of detention. 
 
 (2) The report of the Advis ory 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 mem bers shall be dee med to be the 
opinion of the Board. 
 
Reference to 
Advisory Board. 
Procedure of 
Advisory Boards. 
6  [Act No.1 of 1970] 
 (4) Nothing in this section shall entitle any  person 
against whom a detention order has been made to appear 
by any legal practitioner in  any matt er connected with the 
reference to the Advisory Board, and the  proceedings of the 
Advisory Board and its repor t, excepting that part  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 i n 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 as it thinks fit. 
 
 (2) In any case where the Advisory Board has reported 
that there is in its op inion no  sufficient cause for the 
detention of the  person con cerned, the Government shall 
revoke the detention order and cause the person to be 
released forthwith. 
 
13. (1) The maximum period for which any person may be 
detained in pursuance of any detention order which has 
been confirmed under section 12 shall be  twelve months 
from the date of detention. 
 
 (2) Nothing contained in this section shall affect the 
power of the Government to revoke or modify the detention 
order at any earlier time. 
 
14. (1) Without prejudice to the provisions of section 15 of 
the 7Telangana General Clauses Act, 1891 a detention order 
may at any time be revoked or modified by the  Government 
not withstanding that the order has been made by an officer 
mentioned in sub-section (2) of section 3. 
                                                           
7. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
Action upon the 
report of the 
Advisory Board. 
Maximum period 
of detention. 
Revocation of 
detention orders. 
Telangana Act I of 
1891. 
[Act No. 1 of 1970]  7 
 (2) The revocation or expiry of a detention order shall 
not bar the making of a fresh detention order under section 
3 against the same person. 
 
15. (1) The Government may at any time direct that any 
person detained in pur suance of a detention order may be  
released for any specified period either without conditions or 
upon su ch conditions specified in the direction as  that 
person accepts and may at any time cancel his release. 
 
 (2) In directing the release of an y 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 specfied 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 o rder directing his release or cancelling his 
release, as the case may be. 
 
 (4) If an y person fails without sufficient cause to 
surrender himself in the manner specified in sub -section (3), 
he shall be punishable with imprisonment for a term which 
may extend to two years or with fine or with both. 
 
 (5) If any person release d 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. No suit, prosecution or other legal proceding shall lie  
against any person for anything in good f aith done or 
intended to be done in pursuance of this Act. 
 
 
Temporary 
release of persons 
detained. 
Protection of 
action taken 
under the Act. 
8  [Act No.1 of 1970] 
17. Every detention order made under s ub-clause (ii) or 
sub-clause (iii) of clause (a) of sub-section (1) of section 3 of 
the Preventive Detention Act, 1950 by the Government of 
Andhra Pradesh or by any officer of that Governme nt 
mentioned in sub-section (2)  of that section as in force 
immediately before the commencement of this Act, shall 
continue in force and shall have e ffect, as if this Act had 
been in force on the date of the making of that order and as 
if that order had been made under this Act. 
 
18. The Andhra Pradesh Preventive  Detention Ordinance,  
l969 is hereby repealed. 
 
* * * 
Continuance of 
detention orders 
made under the 
Preventive 
Detention Act, 
1950. 
Central Act IV of 1950. 
Repeal of 
Ordinance 6 of 
1969. 

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