(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- odrdett.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 subsection (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 necessary 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 measure as a President's Act.
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