The West Bengal ( Prevention Of Violent Activities ) Act, 1970

Government of India 
Ministry of Law - 
Legislative Departinent 
President's Act No. 19 of 1970 
THE WEST BENGAL (PREVENTION. OF VIOLENT 
ACTIVITIES) ACT, 1970 
[22nd November, 1970.] 
Enacted by the President in the Twenty-first Year of the Republic of India. 
An Act to provide for detention with a view to preventing 
violent activities and for matters connected *  therewith. 
In exercise of the powers conferred by section 3 of the 
West Bengal State Legislature (Delegation of Powers) Act, 1970, the President is pleased to enact as follows:- 
17 of 1970. 
1. (1) This Act may be called the West Bengal (Pre- short:titie, vention of Violent Activities) Act, 1970. 	 " 	 extent and comma (2) It extends to the whole of the State of West Bengal, encement. 
(3) It shall come into force at once. 
2. In this Act, unless the context otherwise requires, '"detention order" means an order made under section 3. Definition. 
3. (1) The State Government may, Fif satisfied with power to respect to any person that with a view to preventing him make from acting in any manner prejudicial to the security of orders the State or the maintenance of public order, it is necessary rr ung  ectet  so to do, make an order directing that such person be persons.detained. 
(2) For the purposes of sub-section (1), the expression "acting in any manner prejudicial to the security of the State -or the maintenance of public order" means—
(a) using, or instigating any person by words, either 
spoken or written, or, by signs or by visible 
representations ,or otherwise, to use, any lethal weapon— 
. 	 to promote or propagate any cause or ideology, 
the promotion or propagation of Which affects, 
or is likely to affect, adversely the security of 
the State or the maintenance of public artier; or 
2 The West Bengal (Prevention of Violent Activities) At, 1970). 
- [President's Act 
(ii) to overthrow or to overawe the Go'verninent 
established by law in India. 
Explanation. --In ,this clause, "lethal weapon" includes 
Ere-arms, explosive or corrosive substances, swords, spears, 
daggers, bows and arrows; or 
(b) committing mischi - wiin .  te meaning of 
section 425 of the
ef 
 Indian
th 
 Penal
h 
 Code, 	 fire or 
any explosive substance on any property of Gov-
ernment or any local authority or any corporation 
owned or controlled by Government or any 
University or other educational institution or on 
any public building, where the commission of 
such mischief disturbs, or is likely to disturb, 
public order; or 
(c) causing insult to the Indian National Flag or to any 
other object of public veneration, whether by 
mutilating, damaging, burning, defili ng, destroy-
ing or otherwise, or instigating any person to 
do so. 
Explanation.--In this clause, "object of public venera-
tion" includes any portrait or statue of an eminent Indian, 
installed in a public place as a mark of respect to 'him or to 
his memory; or 
(d) committing, or instigating any person to commit, 
any offence punishable with death or imprison- 
ment for life or imprisonment for a term extend- 
ing to seven years or more or any .  offence under • 
the Arms Act, 1959 or the Explosive Substances 54 of 1969. 
Act, 1908, where the commission of such offence e of 1908. 
disturbs, or is likely to disturb, public order ; or 
(e) in the case of a person referred to in -clauses (a) to 
(f) of section 110 of the Code of Criminal Pro- 
cedure, 1898, committing any offence, punishable s of 108. 
with imprisonment where the commission of such 
offence disturbs, or is likely to disturb, public 
order. 
(3) Any of the following officers, namely : 
(a) District Magistrates, 
(b) Additional District Magistrates specially empowered 
in this behalf by the State Government, 
. (c) in the Presidency-town of Calcutta, the Commissioner 
of Police, Calcutta, 	 • 
m , if satisfied as provided in sub-section (1), exercise the 
powt,tk-conierred by the said sub-section. 
(4) Jaen any order is made under this section by an bfficer 
specified in -sub-section (3), he shall forthwith report the 
fact to the Ste Government together with the grounds on. 
which the oideF-has been made and such other particulars 
45 of 1860. 
•), 
(b) 
The Wag?e al-(Prevention of T 7iolent Attivi 	 Aek !M. 3 
• 
as in ,his opinion have a bearing on the matter and no such 
order shall remain in foree for more than twelve days after 
the mating'. thereof unless, in the meantime, it has been 
approved by the State Government. 
(5) When any order is made ortnpproved by the State 
Government under this section s  the State Government shall,-
as soon as may be, report the fact to the Central Government 
together with the grounds on which the order has been made 
and such other particulars as, in the opinion of. the State 
Government, have a bearing on the necessity for the order. 
4. A detention order may be executed at any place in 
the State of West Bengal in the manner provided for the 
execution of warrants of arrest under the Code of Crimival 5 of 1808. Procedure, 1898. 
Execution 
of 
detention 
orders. 
5. Every person in respect 'of whom a detention ol der Tower to 
has been made shall be liable— 	 regulate 
place and 
(a) to be detained in such place and under such con- conditions 
ditions, including conditions as to maintenau,;e, detention. 
discipline and punishment for breaches of 
discipline, as the State Government may. by 
general or special order, specify; and 
(1r) to be removed from one place of detention to 
another place of detention ; _ Within the State of 
West Bengal, by order of the State 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 of West Bengal, is outside the 
limits of the territorial jurisdiction of the officer 
making the order; or 
that the place of detention of such person, though 
within the State of West Bengal, is outside the 
limits of the territorial jurisdiction of the officer 
making the order. 
7. (1) If the State Government or an officer- specified 
in subsection (3) of section 3, as the case may be, has 
reason .to believe that a person in respect -of whom a deten-
tion order has been made has absoonded or is concealing 
himself scr that the order cannot be executed, that Govern-
merit of officer may— 
(a) make a report- in writing of the fact to a Presidelcy 
Magistrate or a Magistrate of the first °leas 
having jurisdiction in the place 'wirer* ihe said 
person ordinarily reSides; and thvenpon the 
provisions of sections 87; 88 and. 89 of the node 
Detention 
orders 
not to be 
invalid,  
or in 
operative 
on certain 
grounds. 
Powers in 
relation to 
absoon 
PerPons• 
Grounds 
of order 
of deten. 
tion to 
'be dis-
closed to 
persons 
affected 
by the 
order. 
4 17!,e-,West Bengal (Prevention of ViolentActivities)tlet, 1970. 
[PreSli!ent's ACt 
of Criminal Procedure, 1898, shall apply in 5 of 1898. 
respect of the said persOn and his property, as if 
the order directing that he be detained were a 
warrant issued by the Magistrate; 
(b) by order notified in the Official 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 direction, he shall, 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 men-
tioned 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 the 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, as 
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 State Government. 
(2) Nothing in sub-section (1) shall require the authority 
to disclose facts which it considers to be against- the public 
-interest to disclose. 
5 of 1898. 
Consti- 	 • S. (I) The State Government shall, whenever necessary, 
tution of constitute one or more Advisory Boards for the purposes' of Advisory - this Act. Boards. 
(2\ Every such Board shall consist of three persons who 
are, or have been, or are qualified to be appointed as, Judges 
of a High Court, and such persons shall be appointed by 
the State Government. 
(3) The State Government shall appoint one of the 
members of the Advisory Board who is or has been a Judge 
of a High Court to be its Chairman. 
Reference 	 10. In every case where a detention order has been.  
to 	 ,made under this Act, the State Government shall, within Advisory 	 • 
Boards. 	 thi rty days from the date of detention under the order, place 
be are the Advisory Board, constituted by it under section 9, 
the ounds on which the order has been made and the 
represe tion, if any, made by the person affected by the 
order, a in case where the order has been made by an 
officer spec 	 sub-section (3) of section 3, also the report 
made by sue 	 eer under sub-section (4) of section 3. 
ilkeWeet genOal (Prevention of Violeta Activities) A04-04970.. 5 
19 01 10704- 	 .., 
- 11. (1) The Advisory Board shall, after considering the Procedure 
materials 131aced before it and, after calling for such further f d  information—as it may deem necessary from the State Gov- Boar ernment or from any person called for the purpose through 
the State Government or from the person concerned, and if 
in any particular case it considers, it essential so to do or 
if the person concerned desires to be heard, aftgr hearing 
him in person, submit its report *to the State Government 
within ten weeks from the date of detention. 
(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 person concerned. 
(3) When there is a difference of opinion among the 
members farming the Advisory Board, the opinion of the 
majority of such members shall be deemed to be the opinion of the Board. 
(4) Nothing in this secticin 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, and the proceedings of the 
Advisory Board and its report, excepting that part of the 
report in which the opinion. of the Advisory Board is speci-fied, shall be confidential. 
12. (1) In any case where the Advisory Board has Action  reported that there is, in its opinion, sufficient cause for the upon the 
detention of a person, the State Government may confirm rr .rto  of 
the detention order and continue the detention of the person Board. 
concerned for such period as it thinks fit. 
(2) In any case where the Advisory Board has reported 
that there is, in its opinion, no sufficient cause -for the detention df.the person concerned, the State Government 
shall revoke the detention order and cause the person to be released forthWith. 
13. The maximum period for which any person may be Maximum detained in pursuance of any detention order which has period of  been confirmed under section 12 shall be twelve months detention.  from the date of detention. 
14. (1) Without prejudice to the provisions of section 2 Revocation Ben. Aot•I of the Bengal General Clauses Act, 1899, a detention order of of 1899. may at any time be revoked or modified by the State Govern- odrdet t.ion _ 	 ment notwithstanding that the order has been made by an 
officer specified in sub-section (3) of section 3. - 
(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 in any case where fresh' facts have 
6 TheTrat -  Benpl (Prevention of Violent Activities,) Act, 1970:: 
[Prailaelfs Aet 
arisen after the date of revocation or -expiry on 'which the.  
State Government or an officer specified in sub-seetion -(3) of 
section 3, as the case may be, is satisfied that such an order 
should be made. 
Temporar7 (1) The State Government may at any time direct 
release 	 that any person detained in pursuance of a detention order of persons 
det ed. may be released. for an,y 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 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 person released under sub-section (1) shall 
surrender himself at the time and place, and to the 
authority, specified in the !sr der directing his release or 
cancelling his- release, as the case maybe. 
(4). If any 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 released 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 therm 
by shall be liable to pay the penalty thereof. 
Pretaetion 
of action 
taken 
under the 
Act. 
16. No suit or other legal proceeding shall lie against 
the State Government, and no suit, prosecution or other 
legal proceeding shall lie against any person, for anything 
in good faith done or intended to be done in pursuance of 
this Act. 
The West Bengal (Prevention of Violent Activities) Aei4  1470. 
19 of 1970.] 
Reasons for the enactment 
There iss increasing anxiety over the continuing violent activities, 
West Bengal, of the "Naxalites", other similar extremist groups, and 
anti-social elements operating with them. As the existing laws have 
been found to be inadequate for dealing with the situation, it is neces-
sary to vest the State administration with powers to detain persons to 
prevent them from indulging in the aforesaid activities. It is, therefore, proposed to enact this Bill. 
2. The Committee constituted under the proviso to sub-section (2) of section 3 of the West Bengal State Legislature (Delegation of Powers) 
Act, 1970 (17 of 1970), has been consulted before enactment of this mea-sure as a President's Act. 
WBGP-70/71.3269A.0N 

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