The Telangana Prevention of Dangerous Activities of Boot-leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986

THE TELANGANA PREVENTION OF DANGEROUS ACTIVITIES OF BOOT-LEGGERS, DACOITS, DRUG-OFFENDERS, GOONDAS, IMMORAL TRAFFIC OFFENDERS LAND-GRABBERS, SPURIOUS SEED OFFENDERS, INSECTICIDE OFFENDERS, FERTILISER OFFENDERS, FOOD ADULTERATION OFFENDERS, FAKE DOCUMENT OFFENDERS, SCHEDULED COMMODITIES OFFENDERS, FOREST OFFENDERS, GAMING OFFENDERS, SEXUAL OFFENDERS, EXPLOSIVE SUBSTANCES OFFENDERS, ARMS OFFENDERS, CYBER CRIME OFFENDERS AND WHITE COLLAR OR FINANCIAL OFFENDERS ACT, 1986. (ACT NO. 1 OF 1986) ARRANGEMENT OF SECTIONS Sections 1. Short title and extent. 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 in-operative 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 Boards. 11. Procedure of Advisory Boards. 12. Action upon report of Advisory Board. 13. Maximum period of detention. 14. Revocation of detention order. 2 [Act No. 1 of 1986] 15. Temporary release of persons detained. 16. Protection of action taken in good faith. 17. Detention orders against any boot-legger, dacoit, drug-offender, goonda, immoral traffic offender Land-Grabber, Spurious Seed Offender, Insecticide Offender, Fertilizer Offender, Food Adulteration Offender, Fake Document Offender, Scheduled Commodities Offender, Forest Offender, Gaming Offender, Sexual Offender, Explosive Substances Offender, Arms Offender, Cyber Crime Offender and White Collar or Financial Offender to be made under this Act and not under National Security Act. 1THE TELANGANA PREVENTION OF DANGEROUS ACTIVITIES OF BOOT-LEGGERS, DACOITS, DRUG- OFFENDERS, GOONDAS, IMMORAL TRAFFIC OFFENDERS 2[LAND-GRABBERS, SPURIOUS SEED OFFENDERS, INSECTICIDE OFFENDERS, FERTILISER OFFENDERS, FOOD ADULTERATION OFFENDERS, FAKE DOCUMENT OFFENDERS, SCHEDULED COMMODITIES OFFENDERS, FOREST OFFENDERS, GAMING OFFENDERS, SEXUAL OFFENDERS, EXPLOSIVE SUBSTANCES OFFENDERS, ARMS OFFENDERS, CYBER CRIME OFFENDERS AND WHITE COLLAR OR FINANCIAL OFFENDERS] ACT, 1986. ACT No. 1 OF 1986. 1. (1) This Act may be called the 3Telangana Prevention of Short title and Dangerous Activities of Boot-leggers, Dacoits, Drug- extent. Offenders, Goondas, Immoral Traffic Offenders 2[Land- Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders] Act, 1986. (2) It extends to the whole of the State of 3Telangana. 1. The Andhra Pradesh Prevention of Dangerous Activities of Boot- Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986 received the assent of the President on 21.02.1986. 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 Notification issued in G.O.Ms.No.124, General Administration (Law & Order) Department, dated 17.03.2015. 2. Substituted by Act No.13 of 2018 (w.e.f.17.06.2017). 3. Substituted by G.O.Ms.No.124, G.A (Law & Order) Department, dated 17.03.2015. 2 [Act No. 1 of 1986] Definitions. 2. In this Act, unless the context otherwise requires,- (a) “acting in any manner prejudicial to the maintenance of public order” means when a boot-legger, a dacoit, a drug-offender, a goonda, an immoral traffic offender, 4[Land-Grabber, a Spurious Seed Offender, an Insecticide Offender, a Fertiliser Offender, a Food Adulteration Offender, a Fake Document Offender, a Scheduled Commodities Offender, a Forest Offender, a Gaming Offender, a Sexual Offender, an Explosive Substances Offender, an Arms Offender, a Cyber Crime Offender and a White Collar or Financial Offender] is engaged or is making preparations for engaging, in any of his activities as such, which affect adversely, or are likely to affect adversely, the maintenance of public order: Explanation:- For the purpose of this clause 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 of the persons referred to in this clause 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 wide-spread danger to life or public health; (b) “boot-legger” means a person, who distils, manufactures, stores, transports, imports, exports, sells or distributes any liquor, intoxicant drug or other intoxicant in contravention of any of the provisions of the 5Telangana Act 17 of 1968. Excise Act, 1968 and the rules, notifications and orders made thereunder, or in contravention of any other law for the time being in force, or who knowingly expends or applies any money or supplies any animal, vehicle, vessel or other conveyance or any receptacle or any other material 4. Substituted by Act No.13 of 2018 (w.e.f.17.06.2017). 5. Adapted by G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015. [Act No. 1 of 1986] 3 whatsoever in furtherance or support of the doing of any of the above mentioned things by himself or through any other person, or who abets in any other manner the doing of any such thing; (c) “dacoit” means a person who either by himself or as a member of or leader of a gang commits or abets the commission of any of the offences punishable under Central Act 45 of 1860. sections 395 to 400 of the Indian Penal Code, 1860; (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 manufactures, stocks, imports, exports, sells or distributes any drug or cultivates any plant or does any other thing in contravention of any of the provisions of the Drugs and Cosmetics Act, 1940 or 6[the Narcotic Drugs and Psychotropic Substances, Central Act XXIII of Act, 1985] and the rules, notifications and orders made 1940. under either Act, or in contravention of any other Law for the Central Act 61 of 1985. time being in force, or who knowingly expends or applies any money in above mentioned things by himself or through any other person or who abets in any other manner the doing of any such thing; (g) “goonda” means a person, who either by himself or as a member of or leader of a gang, habitually commits, or attempts to commit or abets the commission of offences punishable under Chapter XVI or Chapter XVII or Chapter Central Act 45 of 1860. XXII of the Indian Penal Code; 6. Substituted by Act No. 23 of 1986. 4 [Act No. 1 of 1986] (h) “Government” means the State Government of 7Telangana; (i) “immoral traffic offender” means a person who commits or abets the commission of any offence under the Central Act 104 of Suppression of Immoral Traffic in Women and Girls Act, 1956. 1956; (j) “land-grabber” means a person, who illegally takes possession of any land (whether belonging to Government, local authority or any other person) or enters into or creates illegal tenancies or lease and licence, agreements or any other agreement in respect of such lands; or who constructs unauthorised structures thereon for sale or hire, or give such lands to any person on rental or lease and licence basis or for construction or use and occupation of un-authorised structures or he knowingly gives financial aid to any person for taking illegal possession of such lands, or for construction of unauthorised structures thereon or who collects or attempts to collect from any occupier of such lands, rent, compensation, or other charges by criminal intimidation or who evicts or attempts to evict any such occupier by force without resorting to the lawful procedure; or who abets in any manner the doing of any of the above mentioned things; (k) “unauthorised structure” means any structure constructed without express permission in writing of the appropriate authority under and in accordance with any law for the time being in force in the area concerned. 8[(l) “Spurious Seed Offender” means any person who manufactures, stocks, sells or distributes any adulterated seeds or adulterate the original seeds by mixing low quality 7. Substituted by G.O.Ms.No.124, G.A (Law & Order) Department, dated 17.03.2015. 8. Substituted by Act No.13 of 2018 (w.e.f.17.06.2017). [Act No. 1 of 1986] 5 seeds or change the packing with the name of well known brands or does anything in contravention of any of the Central Act 54 of1966. provisions of the Seeds Act, 1966 and the rules, notifications and orders made thereunder or punishable under section 420 of the Indian Penal Code, 1860 who knowingly by Central Act 45 of 1860. himself or through any other person abets in any other manner the doing of any such things/offences; (m) “Insecticide Offender” means any person who manufactures, stocks, sells or distributes the misbranded insecticides or does anything in contravention of any of the provisions of the Insecticide Act, 1968 or punishable under Central Act 46 of 1968. section 420 of the Indian Penal Code,1860 or who abets in doing such things/offences; (n) “Fertiliser Offender” means any person who manufactures, stocks, sells or distributes the spurious fertiliser/fake fertiliser, whether it may be chemical fertilizer or bio-fertiliser, or does anything in contravention any of the provisions of the Fertiliser (Control) Order, 1985 or the Essential Commodities Act, 1955 or the offences punishable Central Act 10 of 1955. under section 420 of the Indian Penal Code, 1860 or who abets in doing such things/offences; (0) “Food Adulteration Offender” means any person who prepares or sells or stocks the adulterated food articles, low nutritional standard food articles or does anything in contravention of any of the provisions under the Prevention of Food Adulteration Act, 1954 or Food Safety and Standard Central Act 37 of 1954. Act, 2006 or under sections 272 & 273 of the Indian Penal Central Act 34 of 2006. Code, 1860 or who abets in doing such things/offences; (p) “Fake Document Offender” means a person who makes any false document or part of a document with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied 6 [Act No. 1 of 1986] contract, or commits the offences punishable under Chapter-XVIII of the Indian Penal Code, 1860 or who abets in doing such things/offences; (q) “Scheduled Commodities Offender” means a person who does anything in contravention of any provisions of Telangana Scheduled Commodities Dealers (Licensing, Storage & Regulation) Order, 2016 or the commission of offences punishable under the Essential Central Act 10 of 1955. Commodities Act, 1955 or sections 406, 407, 408, 409, 417, 418, 419 or 420 of the Indian Penal Code, 1860 or who abets in doing such things/offences; (r) “Forest-Offender” means a person, who commits or abets the commission of offences punishable under the Act 1 of 1967. Telangana Forest Act, 1967 or sections 51 and 52 of the Wild Life Protection Act, 1972 or under sections 379 to 402 of the Indian Penal Code, 1860; (s) “Gaming Offender” means a person who commits or abets the commission of offences punishable under the Act 27 of 1974. Telangana Gaming Act, 1974; (t) “Explosive Substance Offender” means a person who commits or abets the commission of offences Central Act 6 of 1908. punishable under the Explosive Substances Act, 1908; (u) “Arms Offender” means a person who commits or abets the commission of offences punishable under the Central Act 54 of 1959. Arms Act, 1959; (v) “Sexual Offender” means a person who commits or abets the commission of offences in contravention of any of the provisions under the Protection of Child from Sexual Central Act 32 of 2012. Offences Act, 2012 or the offences punishable under sections 354, 354-A, 354-B, 354-C, 354-D, 376, 376-A, 376- B, 376-D, 377 or 509 of the Indian Penal Code, 1860; [Act No. 1 of 1986] 7 (w) “Cyber Crime Offender” means a person who commits or abets the commission of offences punishable Central Act 21 of 2000. under the Information Technology Act, 2000; (x) “White collar offender” or “Financial Offender” means a person who commits or abets the commission of offences punishable under the Telangana Protection of Depositors of Financial Establishment Act, 1999 or under Act 17 of 1999. sections 406 to 409 or 417 to 420 or under Chapter XVIII of the Indian Penal Code, 1860.] 3. (1) The Government may, if satisfied with respect to Power to make any boot-legger, dacoit, drug-offender, goonda, immoral orders detaining certain persons. traffic offender 9[Land-Grabber, Spurious Seed Offender, Insecticide Offender, Fertilizer Offender, Food Adulteration Offender, Fake Document Offender, Scheduled Commodities Offender, Forest Offender, Gaming Offender, Sexual Offender, Explosive Substances Offender, Arms Offender, Cyber Crime Offender and White Collar or Financial Offender] 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 or a 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 Magistrate or Commissioner of Police may also, if satisfied as provided in sub-section (1), exercise the powers conferred by the said sub-section: 9. Substituted by Act No.13 of 2018 (w.e.f.17.06.2017). 8 [Act No. 1 of 1986] Provided that the period specified in the order made by the Government under this sub-section shall not in the first instance, exceed three months, 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 by any period not exceeding three months at any one time. (3) When any order is made under this section by an officer mentioned in sub-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 twelve days after the making thereof, unless, in the mean time, it has been approved by the Government. Execution of 4. A detention order may be executed at any place in the detention orders. State in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973. Central Act 2 of 1974. Power to regulate 5. Every person in respect of whom a detention order has place and been made shall be liable,– conditions of detention. (a) to be detained in such place and under such conditions, including conditions as to maintenance, 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, within the State by order of the Government. Detention orders 6. No detention order shall be invalid or inoperative not to be invalid merely by reason,– or in-operative on certain grounds [Act No. 1 of 1986] 9 (a) that the person to be detained thereunder, though within the State, is outside the limits of the territorial jurisdiction of the officer making the order; or (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 Power in relation sub-section (2) of section 3, has reason to believe that a to absconding persons. 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 sections 82 to 86 (both inclusive) of the Code of Criminal Procedure, 1973, shall apply in respect of such person and his Central Act 2 of 1974. property, subject to the modifications mentioned in this sub-section, and, irrespective of the place where such person ordinarily resides, the detention order made against him shall be deemed to be a warrant issued by a competent Court. Where the detention order is made by the Government, an 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 competent Court under sections 82, 83, 84 and 85 of the 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. 10 [Act No. 1 of 1986] (2) (a) Notwithstanding anything contained in sub-section (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, the Government or the Officer, as the case may be, may by order notified in the 10Telangana Gazette, direct the said person to appear before such officer, at such place and within such period as may 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 comply therewith, and that he had within the period specified in the order, informed the officer mentioned in the order of the reasons which rendered compliance therewith impossible and of his where abouts, 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. Grounds of order 8. (1) When a person is detained in pursuance of a of detention to be detention order, the authority making the order shall as disclosed to soon as may be but not later than five days from the date of persons affected detention, communicate to him the grounds on which the by the order. order has been made and shall afford him the earliest opportunity of making a representation against the order to the Government. 10. Substituted by G.O.Ms.No.124, G.A (Law & Order) Department, dated 17.03.2015. [Act No. 1 of 1986] 11 (2) Nothing in sub-section (1) shall require the authority to disclose facts which it considers to be against the public interest to disclose. 9. (1) The Government shall, whenever necessary, Constitution of constitute one or more Advisory Boards for the purposes of Advisory Boards. this Act. (2) Every such Board shall consist of a Chairman and two other members, who are, or have been Judges or are qualified to be appointed as Judges of a High Court. 10. In every case where a detention order has been made Reference to under this Act, the Government shall within three weeks Advisory Boards. from the date of detention of a person under the order, place before the Advisory Board constituted by them 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 the case where the order has been made 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 Procedure of materials placed before it and, after calling for such further Advisory Boards. 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, the Advisory Board considers it essential so to do or if the person concerned desires to be heard, after hearing him in person, submit its report to the Government within seven 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 for the detention of the person concerned. 12 [Act No. 1 of 1986] (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. Action upon 12. (1) In any case where the Advisory Board has reported report of Advisory that there is, in its opinion, sufficient cause for the detention Board. of a person, the Government may confirm the detention order and continue the detention of the person concerned for such period, not exceeding the maximum period specified in section 13 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 order and cause the person to be released forthwith. Maximum period 13. The maximum period for which any person may be of detention. detained, in pursuance of any detention order made under this Act which has been confirmed under section 12, shall be twelve months from the date of detention. Revocation of 14. (1) Without prejudice to the provisions of section 15 of detention order. 11the Telangana General Clauses Act, 1891 a detention order may, at any time, be revoked or modified by the Act 1 of 1891. 11. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. [Act No. 1 of 1986] 13 Government, notwithstanding that the order has been made by an officer mentioned in sub-section (2) 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 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. 15. (1) The Government may, at any time direct that any Temporary person detained in pursuance of a detention order may be release of persons detained. 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 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. 14 [Act No. 1 of 1986] Protection of 16. No suit, prosecution or other legal proceeding shall lie action taken in against the Government or any officer or person, for good faith. anything in good faith done or intended to be done in pursuance of this Act. Detention orders 17. On and after the commencement of this Act no order of against any boot- detention under the National Security Act, 1980 shall be legger, dacoit, made by the Government or any of their officers under that drug-offender, goonda, immoral Act in respect of any, boot-legger, dacoit, drug-offender, traffic offender goonda, immoral traffic offender 12[Land-Grabber, Spurious 12[Land-Grabber, Seed Offender, Insecticide Offender, Fertilizer Offender, Spurious Seed Food Adulteration Offender, Fake Document Offender, Offender, Scheduled Commodities Offender, Forest Offender, Gaming Insecticide Offender, Fertilizer Offender, Sexual Offender, Explosive Substances Offender, Offender, Food Arms Offender, Cyber Crime Offender and White Collar or Adulteration Financial Offender] in the State of 13Telangana on the Offender, Fake ground of preventing him from acting in any manner Document prejudicial to the maintenance of public order, where an Offender, Scheduled order of detention may be or can be made against such Commodities person, under this Act. Offender, Forest Offender, Gaming * * * Offender, Sexual Offender, Explosive Substances Offender, Arms Offender, Cyber Crime Offender and White Collar or Financial Offender] to be made under this Act and not under National Security Act. Central Act 65 of 1980. 12. Substituted including marginal heading by Act No.13 of 2018 (w.e.f.17.06.2017). 13. Substituted by G.O.Ms.No.124, G.A (Law & Order) Department, dated 17.03.2015.