ORISSA ACT 18 OF 1993 *THE ORLSSA PREVEN'IION OF DANGEROUS ACTIVITIES OF COMMUNAL OFFENDERS ACT, 1993 [Received tho assent of the Prerident on the 19th October 193, first published in an exuaordhv iseuo of the Orissa Gazette, ds ted the 1 1 th November I993 J AN ACT TO PROVIDE FOR PRBYBNTlVE DBTBNnON OF COMMUNAL OFPEmERS WITH A VIEW TO PRBVENTINCt THEIR DANOBROUS AC7mTE6 PRBJUDICLAL TO THB MAINTBNAKCE QP PUBLIC ORDER A N D FOR MATTERS CONNECTBD TEIITREWITH OR INCIDBNTAL r n r n ~ .
BE it enacted by tho CcgislaNrc o f the State af Orirsa in the Forty-fourth Year of the RepubIic of India as foIlow8 :- short {[tie 1. (1) This Act may be called the Orissa Prevenliou of Dangerous Activities of and Communal Offenders Act, 1993.
extent.
(2) I t extends to the whole of the State of Orisea.
D:Snillons 2. In this Act, unlm the context otherwise requires,- .
(a) "acting in any manner prejudicial to the maintenance of public order" means engaging in or making preparations for engaging in any of the activities which affect adversely or is likely to a&ct adversely th: maintenance of public order;
Exp?annorion-For the purpose of this clausc, public order shall be deemed to have ken affected adversely or shall be deemed likcly to beaffected adversely inter alia, if any of the activities of the communal offendcrs directly or indirectly is causing or calculnted to causeany harm, danger or alarm, or a feeling of insecurity among thc gencral public or any section thereof or a grave or widespread danger to life.
(b) ucommunal offender^" means a person who, cilher by himself or as 3 member or a6 a le3dcr of a gang or an organisdion, commits qf attemptB to commit or abets or incite the commission of an offence punishable under Section 153-A or 153-B of the Indian Penal Code, or under 4s of 1860 Chapter-XV of the said Code, or under subsection (2) of Section 505 thereof;
(c) "detention o;der" means an order of dctendon made under Section 3;
, , - , . - ,Id) uGoverment'! means the State Govetoment of '0ri6sa.
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Power to 3. (1) The Oovernment may, if satisfied with respect to any communal offender make an that with a view to preventing him from acting in any manner prejudicial to the order doteIn- maintenance of public order it is necessary so to do, mske an ordcr direct ing t h a t bg cornmu- such person be detained.
ma1 omen ders . (2) If, having regard to-tbc circumstances prevailing or likely to prevail in any area within the local In116 . of the jurisdiction of the District Magistrate, the ~ ~ v e r n r n e a t is satisfied that lt is necessary so to do, it may, by order jn writing, direct that, during such p ~ r i o d a6 may bc specified in the order, such District Magistrate may ~$0, if satlsficd as provided in sub-scction (11, exercise the powers conferred by thc s a ~ d sub-section:
provided that the period specified in an order made'by the Government under this sub-section shall not, in the first instance, exceed three month, but tht O~vernment may, if 6atided as aforesaid that i t is necessary GLI to do, amend such order to extcnd Bu~h period from time to time by any p e r i ~ d not exceeding three months at any onc time.
(3) When any detention order is m3de by a District Magistrate, 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 nosuch order shall remain in force for more thanfifteen days after the making theeof unless, in the meantimu, it has been approved by the Govcrnment.
*For the 13ill me Odsm Gazette, Utmo-, dated the 7th April 1993 (No. 477) axecullon d dttdlon order.
Power to regula l e place end condiliofls of deteal!on.
4. A detention order may be exccutcd a t any place in India in the manner 2 of 1974 provided for the execution 01 warrants UP arrest under the Code .of criminal Procedure, 1973.
5. Evcry person in rcspcct of whom a detention order h?s been made shall be liable- (CI) to be dctained in such place and under such conditibns ineIuding conditions 26 to maintenance of discipline and punishment for b~caches of discipline, at the Governmenr msy, by general or specia~ ordcr, specjfy ; and
(b) to be rcmoved from one place of detention to another place of dctcniion with thc Slate by an order of the Government.
Detention 6. No detention order shall be inbalid or inoperatjve merely by reasonclrde*r not to be inval Id (a) that the person to be detaincd thereunder, though within the State is outside or inopera the limits of the territorial jurisdiction of the District Magiscrate making tive on certain thc ordcr; or grounds. (b) that rhe place of detention of such person, though within thc State, is ouisidc the said limits.
Ground of 7. Where a person has been detained in Pursuance of a detention order which detention gemable. hae been made an two or more grounds, such detention wdtr shall be deemend to have been made 6gpar ratcly on each of such g d ~ d s and, accordingly,-
(a) such order shall not be deemed to be invalid or inoperative merely becausc one or some of the grounds is or areli) vogue, (iq non-existent,
(iii) not relevant,
(iv) not connectcd or not proximaiely connected with sueh person, or ( v ) invalid for any other reason whatsoever, and it is not, therefore, possible to hold that the Government or the District Magistrate makin2 such order, as the cxe- may be, would have been satisticd as provided in Section 3 with reference to the remaining ground or grounds and made the order of detention;
( b ) rhe Government or the Distrjct Magistrate making the order- cf dctentio, as thk case may &I, shnIl bc dccmcd to have made lhe order of detention under the said section after being satisfied in , that section with reference to lhe remaining ground or grounds.
Powers in relalion to 8. (1) If the Government, or the District Magistrate mentioned in sub-section (2 2 L974 skond,ng of Section 3, a6 the case my be, has reason to believe -that a person, inrespect Parsons. of whom a detenlionorder has been made, has absconded or is concealing himself so that the urdcr cmno? be executed, the Government or the District Magistrate , . may-
(a) makt report in writing of the fact to a Judicial Magistrate of .tbt First Class having jurisdiction in the place where the said pecan 'ordinarily - resides; or '.
(b) by order, notified in the Official Gazette, direct thc said person to appear before such officer, at such place and wit hiq such period as- may , be specified in the order.
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(2) Upon the making of a report against any person under clause (a) of subsection
(l), thc provisions of Sections 82,83, 84, 85 .and.'86 of: the Code of Crimjaal Procedure, 1973 shall appIy in ,respect,, o f , such persop ,end his property as if the detention order made agaidst him were a warrant issued by the Magistrate, ' . .
.I31 If any perch fails to comply with an +order nuder clause-. (b) of ' &E4ection
(l), he shall, unlc6s hc proves that it was not possible for him to, comply therewith and that be had,- within the- Period - specified jn:tiie ordei-. informed' ,-the ,, . . officer mentioned -in the. order of the rea'son. which re-ndered compliiinci ther&ak'' . - - , impb'ssible and- of his whereabouts, be punishable w i t h iinprisonwntf fGr 'a ' icim which may extend to onc ycar, or with fine, or with both.
. . r _ . . . - ' . . . - . ., ' * - . . - - - . - (4) ~otwiths tahdibi iii*hiigg ~6~t i inc t . in the, Cod? , Criminal pro~d~re,'~,.~97~ 2 ol J W ~ every offence under sii§lon.(3) shall ,be cognizable. " ' " '. ' ' Grounds 01 9. (1) Whcn a person is dctajned in punbance of a dctcntion order, the authority detEnt'on making the order shall, as soon as may bc, but ordinarily not leler than Eve days and in order to be disc~osed to exceptional circumstances and for reasons to be recorded in writing not then ten persons days from the date of detention, communicate to him the grounds on which the order has Mectcd. been made and shaI1 afford him the earliest opportunity r f making a representation against the ordcr to the Government
(2) Nothing in sub-section ( I) shall req~ire the authority, to disclost facts which it considers to be against tbe public interest lo disclose.
Constitution 10. (1) The Government shall, whenever neczssary, constitute, one or more Advisory O' Boards for the purposes of this Act. Boards.
(2) Every such Board shall consist of a Chairman and two other members, who are.
of have been or are qualified to be appointed, as J u d g s of a High Court.
Refarenee to 11. In every case where a detention order ha6 been made under this Act, thc GOVN- EAy,rg nmcnt 6bal1, within three weeks from the date af detention of a person vndcr ths a r d ~ place bcfore the Advisory Board, cbnfitituted under Section 10, the grounds on which the order has been madc and the npesentation, if any made by the pcrscw, affected by the order, andin the case wbere the order bas been made by the District Magistrate rncrrtjoncd in sub4ection (2) of Section 3, also the report by such Magistrate under subsection (3) of that Section.
Prwcdum Ad\,isory 12. (1) The Advisory Board shall, after considering thc materials phced before it ' Board. and zfter ca~ling for such further information as it may deem necessary from the Government ar from any person called for the purpose through the Government or from the person concemcd, and if, in any particular case, the Advisory Board corniden it essentia1 so to do or if the person conceraed desires to be heard after hearing him in person, subimit it6 report to the Government witbin scven wceks from the date r f detention cf the person cmcerned.
12) The report of the Advisory Board shall specify in a separata part thereof the opinion of the Advisory Board as to whether or not there is sufficient cause for the dete ntion ~f the pcrson concerned.
(3) When thcre is a difkrence of opinion amang the members forming the Advisory Board, the opinion of the majorlty of such members shall be deemed to be the opinion of the Board.
(4) Nothing in this section shall entitle any person against whom a detention order has been made to appear by any leg4 praotitioner in any matter connected with the reference to the Advisory Board, and the proceedings of the Adviaory Board and its report, excepting that pa? of the report in which the opinion of the Advjwry Board is specified, hall be codfrdcntral.
Aelion upon 13. ( I ) In aqg case where the Advisory Board has reported that there is in regart of it6 opinion, mfic~ent cause for the detent~on of a person, the Government may Advisory conkm the detentim order and continue the detention of the person concerned for Board. such period, not exceeding the maximum period specified in section 14, es they think fit.
( 2 ) In any case where the Advisory Board has reported-that there is, in its opinioo, sufficient cause for the detention of the person concerned, the,Govcmment shall revoke the detention order and cause the person to be released fodbwith.
Maximum 14. The maximum period for which aaY -person may be detained in pursuance $:fig of any detention order which !BS been anfirmed under Section 13 ~hs l i be t~a l re months from the date of deten~on:
Prcvidad that nothing contained in th@ Section shall affect the power of tb Government to revoke or modify the detentron ordcr at any earlier t h ~ .
Revocation IS. ( I ) Without prejudice to the provisions of Section 22 of the Orissa of detention General Claufies Act, 1937, a detention order may, at any tirnc, be revoked or modifi d order. by the Government, or any officer authorised i n t h~ t b-:h If by the orla AE~ 1 Government, cotwithstanding that the order has been rnpd.: by a Disbict Magistrate of I937- mentioned in sub-section (2) of-Section 3 or by the Govermcnt. '
(2) The revmation or expiry or a detention order shall not bar the making of a frcsh detention ordcr under Section 3 against the same pcrson, in any case, where fresh facts have arisen aftcr the date cf rcvoc tlon or explry,on which the Government or the District Magistrate, as the case may be, is sal ibd that such an o r d x should be mde.
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T e m p o w 16. (I) The Government may, at any time, direct th?t any person dctaincd rel- of in PursuanLe of a detention order m- y be released for ; ny spccificd pcriod either person9 without cond~i~n,: or upon such conditions spccikd in the direcrion as that. ~ , ~ - . l ? ' ' dclsinedm penon accepts and may, at any time, cancel his release.
(2) Tn direcling thc relcsse cf any pcrson nuder sub-seclion (I). the St?tc Govemmcnt may rcquire him to enter into a band, with or without sureti~s, for the'due . !
ob~ervancc of rhe canditions specified in the direction.
(3) .A.np pcrson re!cxcd uadpr sr;S-section I!? shzI! sr;:r=;ldcr ki ixc!f at the . . . tirnc and p1.1ce . and to the authority, specified UI themorder directing his release or .
wncelkg his re!esk, 2s fh:: CISP 2 : ~ : ~ he. . . d r - - .
(4) Tf any person fails without sufficient cause to surtecder himself in thc manner specificd in st~b-section (31, he shall be punishable with imprisonment for a term which may extend to two scars. or with finc, or with both. , 1 . r > ( 5 ) TI any person r e l e a d under sub-s~ction (11 fails to fulfil any of the conditions ir.lposed upon him under the said sub-secliori or in the bond enlered into by him, the bond Shall be dccl [red Lo be CorFcilcd and any person bound thercbv shall ,be' liable to pay th:: penalty thzre-i.
ProtcctIon 17. No, suit, rosec cur ion or their 1cg.I proceeding &hall lie against tbe Govcmment or action in goad foirh. or any o%c:r or pcrson, for anything done in gcod faith in puriuawe of this Act.
- -I T)clention 18. On and arter th; commcnccmcnt of thk Acr n? rrdb:r of dztcntion undcr the N: tion. I Sccurity ~ c t , 1990 shall bc m d e by the Govern~ncnt r r any r f i ts offcers against communal under lhnt Act in respect of a n y comlnun 1 offcndcr iil tnc Stale of Oricsa on thc gr, uild 65011980 olrtndcr of preventing him from :'cling in . ny mnnner prcjudici 1 t., thc m inlenance or public under this ordcr, where an order of detention may be, or can be, m3de ag-inst such Person undef Act and no1 under ~ a t i o - this Act.
nal Sucurity Ad, 1980-