(1) The State Government may if satisfied with respect to any person 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.
Power to make orders detaining certain persons.
(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 State Government is satisfied that it is necessary so to do, it may, by order in writing, direct that the District Magistrate or the Commissioner of Police, may also, if satisfied as provided in sub-section (1), exercise the powers conferred by the said subsection.
(3) When any order is made under this section by an authorised officer he shall forthwith report the fact to the State 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 meantime, it has been approved by the State Government.
(4) For the purpose of this section, a person shall be deemed to be "acting in any manner prejudicial to the maintenance of public order" when such person is engaged in or is making preparation for engaging in any activities whether 1[as a bootlegger or common gaming house keeper or cruel person] or dangerous person or drug offender or immoral traffic offender or property grabber, 2[cyber offender or money lending offender or sexual offender,] which affect adversely or are likely to affect adversely the maintenance of public order.
Explanation.- For the purpose of this sub-section, 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 person referred to in this sub-section directly or indirectly, is causing or is likely to cause any harm, danger or alarm or feeling of insecurity among the general public or any section thereof or a grave or widespread danger to life, property or public health.
2 of 1974.
4. A detention order may be executed at any place in the State in the manner provided for the execution of warrant of arrest under the Code of Criminal Procedure, 1973.
Execution of detention orders.
5. Every person in respect of whom a detention order has been made shall be liable--- Power to regulate place and 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 State Government.
1. These words were substituted for the words "as a bootlegger" by Guj. 14 of 2000, s.3.
2. These words were inserted by Guj. 12 of 2020, s. 4.
4 Gujarat Prevention of Anti-social Activities Act, 1985 [ 1985 : Guj. 16 Grounds of detention severable.
6. Where a person has been detained in pursuance of an order of detention under section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each ground and accordingly---
(a) such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are---
(i) vague,
(ii) non-existent,
(iii) not-relevant,
(iv) not connected or not proximately connected with such person, or
(v) invalid for any other reason whatsoever, and it is not, therefore, possible to hold that the Government of the officer making such order would have been satisfied as provided in section 3 with reference to the remaining ground or grounds and made the order of detention;
(b) the Government or the officer making the order of detention shall be deemed to have made the order of detention under the said section after being satisfied as provided in that section with reference to the remaining ground or grounds.
Detention orders not to be invalid or inoperative on certain grounds.
7. 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 territorial jurisdiction of the authorised officer making the order, or
(b) that the place of detention of such person though, within the State, is outside the said limits.
Powers in relation to absconding persons.