The Andhra Pradesh Prevention of Dangerous Activities of Boot-Leggers Decoits, Drug-Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986

Short title, extent and commencement.—

1. (1) This Act may be called the Andhra Pradesh Prevention of Dangerous Activities of Boot-leggers, Dacoits, Drug-offenders, Goondas, Immoral Traffic Offenders and Land-grabbers Act, 1986.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall be deemed to have come into force on the 13th February, 1986.

Definitions.— In this Act, unless the context otherwise requires,—

1. (a) "acting in any manner prejudicial to the maintenance of public order" means when a person is engaged or is making preparations for engaging in any activities, whether as a boot-legger, dacoit, drug-offender, goonda, immoral traffic offender or land-grabber, which affect adversely or are likely to affect adversely the maintenance of public order;
2. (b) "boot-legger" means a person, who distills, manufactures, stores, transports, imports, exports, sells or distributes any liquor, intoxicating drug or other intoxicant in contravention of any of the provisions of the Andhra Pradesh 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 advances any money in furtherance of such activities;
3. (c) "dacoit" 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 an offence punishable under sections 395 to 398, 402 of the Indian Penal Code;
4. (d) "detention order" means an order made under section 3;
5. (e) "detenu" means a person detained under a detention order;
6. (f) "drug-offender" means a person, who manufactures, stocks, imports, exports, transports, sells or distributes any drug or psychotropic substance in contravention of any of the provisions of the Drugs and Cosmetics Act, 1940 or the Dangerous Drugs Act, 1930 or the Customs Act, 1962 or the Narcotic Drugs and Psychotropic Substances Act, 1985 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 advances any money in furtherance of such activities;
7. (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 of the Indian Penal Code;
8. (h) "immoral traffic offender" means a person, who commits or abets the commission of any offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956;
   • (i) "land-grabber" means a person or group of persons who commits land grabbing and who gives financial aid to any person for taking illegal possession of lands or for construction of unauthorised structures thereon, or who collects or attempts to collect from any occupiers of such lands rent, compensation and other charges by criminal intimidation, or who abets the doing of any of the above mentioned acts;
9. (j) "land grabbing" means activity of seizure and occupation of lands (whether Government or private land) without any lawful entitlement and with a view to take unauthorised possession of such lands or to construct unauthorised structures thereon and includes any attempt to commit land grabbing;
10. (k) "unauthorised structure" means any structure constructed without such permission as is required under the law for the time being in force in the area.

Power to make orders detaining certain persons.—

1. (1) The State Government may, if satisfied with respect to any boot-legger, dacoit, drug-offender, goonda, immoral traffic offender or land-grabber 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. (2) If, having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of any District Magistrate or Commissioner of Police, the State Government is satisfied that it is necessary so to do, it 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: Provided that the period specified in the order made by the State Government under this sub-section shall not, in the first instance, exceed three months, but the State 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. (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 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.

Execution of detention orders.—

Power to regulate place and conditions of detention Power to regulate place and conditions of detention. - Every person in respect of whom a detention order has been made shall be liable -

1. (a) to be detained in such place and under such conditions, including conditions as to the maintenance of the detenu and his interviews or communication with others, as the Government may, by general or special order, specify; and
2. (b) to be removed from one place of detention to another place of detention, whether within the same State or in another State, by order of the Government:

Detention orders not to be invalid or inoperative on certain grounds Detention orders not to be invalid or inoperative on certain grounds. - No detention order shall be invalid or inoperative merely by reason -

1. (a) that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the Government or officer making the order, or
2. (b) that the place of detention of such person is outside the said limits.

Powers in relation to absconding persons.-

1. (1) If the Government or an officer specified in sub-section
2. (2) of section 3, as the case may be, 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, that Government or officer may—
   • (a) make a report in writing of the fact to a Magistrate of the first class having jurisdiction in the area where the said person ordinarily resides; and thereupon the provisions of sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973, shall apply in respect of the said person and his property as if the order aforesaid were a warrant issued by the Magistrate;
   • (b) by order notified in the Andhra Pradesh 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 mentioned in the order of the reason which rendered compliance impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

Grounds of order of detention to be disclosed to persons affected by the order.-

1. (1) When a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, but ordinarily not later than five days and in exceptional circumstances and for reasons to be recorded in writing, not later than ten days from the date of detention, communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order to the Government.
2. (2) Nothing in sub-section
3. (1) shall require the authority to disclose facts which it considers to be against the public interest to disclose.

Constitution of Advisory Boards.

1. (1) The Government shall, whenever necessary, constitute one or more Advisory Boards for the purposes of this Act.
2. (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 Government.
3. (3) The 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, and in the case of a vacancy arising in the office of the Chairman, the Government shall appoint any other member of the Advisory Board, who is or has been a Judge of a High Court, to be the Chairman.

Reference to Advisory Boards. For the purposes of sub-clause

1. (a) of clause

1. (4) of article 22 of the Constitution, the representation of the period of detention shall be the period of two months from the date of detention under the order made under section 3, and the Government shall, within three weeks from the date of detention of a person under the order, place before the Advisory Board constituted by it 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
2. (3) of section 3.

Procedure of Advisory Boards

1. (1) The Advisory Board shall, after considering the material placed before it and, after calling for such further information as it may deem necessary from the 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 in person, after hearing him in person, submit its report to the Government within seven weeks from the date of detention of the person concerned.
2. (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. (3) 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.
4. (4) 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, 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 specified, shall be confidential.

Action upon the report of Advisory Board

1. (1) In any case where the Advisory Board has reported that there is, in its opinion, sufficient cause for the detention of a person, the Government may confirm the detention order and continue the detention of the person concerned for such period as they think fit.
2. (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 of detention.—The maximum period for which any person may be detained in pursuance of any detention order made and confirmed under this Act shall be twelve months from the date of detention.

Revocation of detention orders.—(1) A detention order may, at any time, be revoked or modified by the Government, notwithstanding that the order has been made by an officer mentioned in sub-section

1. (2) of section 3.
2. (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, is satisfied that such an order should be made.

Temporary release of persons detained.—(1) The Government may, at any time, direct that any person detained in pursuance of a detention order may be 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.

1. (2) In directing the release of any person under sub-section (1), the Government may require him to enter into a bond with

Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against the State Government or any officer or authority for anything which is in good faith done or intended to be done in pursuance of this Act or any orders made thereunder.

-1 17. Repeal of Ordinance 1 of 1986. —

1. (1) The Andhra Pradesh Prevention of Dangerous Activities of Boot-Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Ordinance, 1986 is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.