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.(cid:9) " (cid:9) extent and (2) It extends to the whole of the State of West Bengal, encem co e m n m t. a (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 so to do, make an order directing that such person be ectert rung detained. persons. (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— .(cid:9) 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 The West Bengal (Prevention of Violent Activities) At, 1970). 2 - [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) co s m ec m tio it n t i 4 n 2 g 5 m of i t s h c e efh I i n - d i w a t n hii n Pe . n t a e l h m Co e de a ,(cid:9) nin f g ir e o o f r 45 of 1860. 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, defnilgi, 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,(cid:9) • 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 •), The Wag?e al-(Prevention of T7iolent Attivi(cid:9) 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 sections 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 Execution the State of West Bengal in the manner provided for the of execution of warrants of arrest under the Code of Crimival detention 5 of 1808. Procedure, 1898. orders. 5. Every person in respect 'of whom a detention ol der Tower to has been made shall be liable— (cid:9) regulate place and conditions (a) to be detained in such place and under such con- 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 Detention merely by reason— orders not to be invalid, . (a) that the person to be detained 'thereunder, though or in within the State of West Bengal, is outside the operative limits of the territorial jurisdiction of the officer on certain making the order; or grounds. (b) 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 Powers in in subsection (3) of section 3, as the case may be, has relation to absoon reason .to believe that a person in respect -of whom a deten- PerPons• 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 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 5 of 1898. sub-section (1) shall be cognizable. Grounds 8. .(1) When a person is detained in pursuance of a of order detention order, the authority making the order shall, as of deten. soon as may be, but not later than five days from the date tion to 'be dis- of detention, communicate to him the grounds on which the closed to order has been made, and shall afford him the earliest persons opportunity of making a representation against the order to affected the State Government. by the order. (2) Nothing in sub-section (1) shall require the authority to disclose facts which it considers to be against- the public -interest to disclose. Consti-(cid:9) • 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(cid:9) 10. In every case where a detention order has been. to(cid:9) ,made under this Act, the State Government shall, within Advisory(cid:9) • Boards.(cid:9) thirty 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(cid:9) sub-section (3) of section 3, also the report made by sue(cid:9) eer under sub-section (4) of section 3. ilkeWeet genOal (Prevention of Violeta Activities) A04-04970.. 5 19 01 10704-(cid:9) .., - 11. (1) The Advisory Board shall, after considering the Procedure materials 131aced before it and, after calling for such further fd 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 p eriod 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- odredtt.ion _ (cid:9) 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(cid:9) that any person detained in pursuance of a detention order of persons may be released. for an,y specified period either without det ed. 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 16. No suit or other legal proceeding shall lie against of action the State Government, and no suit, prosecution or other taken legal proceeding shall lie against any person, for anything under the in good faith done or intended to be done in pursuance of Act. this Act. The West Bengal (Prevention of Violent Activities) Aei 4 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