The Anti Social activities (Prevention) Act

(1) This Act may be called the Kerala Anti-Social Activities (Prevention) Act, 2007. (2) It extends to the whole of the State of Kerala. (3) It shall be deemed to have come into force on the 6th day of September, 2007.

(1) The Government or an Officer authorised under sub-section (2), may, if satisfied on information received from a Police Officer not below the rank of a Superintendent of Police with regard to the activities of any Known Goonda or Known Rowdy, that, with a view to prevent such person from committing any anti-social activity within the State of Kerala in any manner, it is necessary so to do, make an order directing that such person be detained. (2) If having regard to the circumstances prevailing, or likely to prevail in any area, the Government, if satisfied that it is necessary so to do, may, by order in writing, direct that during such period as may be specified in the said order, the District Magistrate having jurisdiction may exercise the powers under sub-section (1) in respect of such persons residing within his jurisdiction or in respect of such persons not so resident who have been indulging in or about to indulge in or abet any anti-social activities within such jurisdiction. (3) When any order is made under this section by the authorised officer under sub-section (2), he shall forthwith report the fact to the Government and the Director General of Police, Kerala, together with a copy of the order and supporting records which, in his opinion, have a bearing on the matter and no such order shall remain in force for more than 12 days, excluding public holidays, from the date of detention of such Known Goonda or Known Rowdy, unless, in the meantime, it has been approved by the Government or by the Secretary, Home Department if generally so authorised in this regard by the Government.

A detention order may be executed at any place in the State of Kerala in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

A detention order may be executed at any place in the State in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973. Every person in respect of whom a detention order has been made shall be detained in Central Prisons or District Jails within the State of Kerala and a copy of the detention order bearing the signature and seal of the detaining authority shall be given to the Superintendent of the Jail concerned while admitting such person into the Jail.

(1) If the Government or an officer authorised under sub-section (2) of section 3 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, the Government or such officer may,- (a) make a report in writing of the fact to a Chief Judicial Magistrate or a Judicial Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; (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. (2) On making a report against any person under clause (a) of sub-section (1), the provisions of sections 82, 83, 84, 85 and 86 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply in respect of such person and his property as if the detention order made against him is a warrant issued by the Magistrate. (3) If any person fails to comply with an order issued under clause (b) of sub-section (1), 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 reasons which rendered compliance therewith impossible and of his whereabouts, or failed to prove that he could not inform the officer mentioned in the order, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

(1) When a person is arrested in pursuance of a detention order, the officer arresting him shall read out the detention order to him and give him a copy of such order. (2) The grounds of detention, specifying the instances of offences, with copies of relevant documents, as far as practicable, on the basis of which he is considered as a "known goonda" or "known rowdy" and giving such materials relating to his activities on the basis of which his detention has been found necessary, shall be furnished to him as soon as possible, nevertheless, in any case, within five days of detention and he shall also be informed in writing, under acknowledgement, of his right to represent to the Government and before the Advisory Board against his detention: Provided that nothing in this section shall require any authority to disclose to the detained person any fact, the disclosure of which will reveal the identity of any confidential source or the disclosure of which will be against the interests of internal security or national security. (3) The Superintendent of the Jail where such person is detained shall afford him reasonable opportunity to consult a lawyer and reasonable assistance in making a representation against the detention order to the Government or to the Advisory Board. (4) The order of detention shall not be deemed to be invalid merely because one or more of the facts or circumstances cited among the grounds are vague, non-existent, irrelevant or invalid for any reason whatsoever and such order shall be deemed to have been made by the Government or the Authorised Officer after having been satisfied about the need for detention with reference to the remaining facts and circumstances, provided that the minimum conditions for being classified as a known goonda or known rowdy are satisfied.

(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... (1) The Government shall, constitute one or such number of Advisory Boards as may be necessary for the purposes of this Act, with such territorial or functional jurisdiction, as may be specified. (2) Every such Board shall consist of a Chairman who is, or had been Judge of a High Court and two other members who are qualified under the Constitution of India to be appointed as a Judge of a High Court. (3) The salary, allowances, tenure and service conditions of the Chairman and Members of the Advisory Board may be such as may be prescribed. (1) The Government shall, constitute one or such number of Advisory Boards as may be necessary for the purposes of this Act, with such territorial or functional jurisdiction, as may be specified. Every such Board shall consist of a Chairman who is, or had been Judge of a High Court and two other members who are qualified under the Constitution of India to be appointed as a Judge of a High Court. The salary, allowances, tenure and service conditions of the Chairman and Members of the Advisory Board may be such as may be prescribed.

In every case where a detention order has been made under this Act, the Government shall, within three weeks from the date of detention of a person, place before the Advisory Board, the grounds on which the order has been made and the representation, if any, made by the person affected, and, in the case where the order has been made by an Authorised Officer, the report by such officer under sub-section (3) of section 3.

(1) The Advisory Board to which a reference is made under the above section shall after considering the reference and the materials placed before it and after calling for such further information as it may deem necessary from the Government or from any person called for the purpose through the Government, or from the person concerned and if, in any particular case, it considers necessary so to do or if the person concerned desires to be heard in person, after hearing him in person, prepare its report specifying in a separate paragraph thereof its opinion as to whether or not there is sufficient cause for the detention of the person concerned and submit the same within nine weeks from the date of detention of the person concerned. When there is difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board. The absence of a member shall not invalidate the decision of the Board. A person against whom an order of detention has been made under this Act shall not be entitled 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, except that part of the report in which the opinion of the Advisory Board is specified, shall be confidential: Provided that the Board has power to permit legal practitioners in the cases deemed fit. In every 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 it thinks fit and in every case where the Advisory Board has reported that there is in its opinion no sufficient cause for the detention of a person concerned, the Government shall revoke the detention order and cause the person to be released forthwith.

In pursuance of the first detention order made against any person under this Act and confirmed under section 10, he may be detained for a period which may extend up to six months from the date of the detention and in pursuance of such subsequent detention order made against such person, he may be detained for a period which may extend up to a maximum of one year.

(1) A detention order may, at any time, be revoked or modified by the Government. (2) The revocation or expiry of a detention order shall not be a bar for the issuance of another detention order under section 3 against the same person, if he continues to be a person falling within the definition of known rowdy or known goonda as given in section 2 (o) or section 2 (p) and if,— after release, he is, found to have, again involved in an offence of the nature described in section 2 (o) or section 2 (p) at least in one instance; or the facts, which came to the notice of the Government or the authorised officer after the issuance of the earlier detention order, considered along with previously known facts are sufficient to cause a reasonable apprehension that he is likely to indulge in or promote or abet anti-social activities; or the procedural errors or omissions, by reason of which the first order was revoked, are rectified in the procedure followed with regard to the subsequent order, even if the subsequent order is based on the very same facts as the first order.

The Government may, at any time, direct that any person detained in pursuance of a detention order may be released for a period not exceeding one week either without any condition or under such conditions, as may be specified in the direction, and may at any time, cancel such direction issued earlier.

Subject to the provisions of this Act, the Commissioner or the District Magistrate may, by general or special order in writing, issue such directions as may be necessary for the maintenance of order and public safety in any area, and every person to whom such direction is issued shall be bound to comply with the same. Whoever knows or has reason to believe that an order against any person has been made under section 3 or section 15, harbours or conceals such person, shall be punished with imprisonment for a term which shall not be less than three months but may extend to one year, and shall also be liable to fine which may extend to one thousand rupees.

(1) The State Government shall, whenever necessary, constitute one or more Advisory Boards for the purposes of this Act. (2) Every such Board shall consist of three persons, and the State Government shall appoint one of them as the Chairman. (3) The persons to be appointed as members of the Board shall be persons who are, or have been, or are qualified to be appointed as, Judges of a High Court. (4) The term of office of the members of the Advisory Board and the procedure to be followed by it shall be such as may be prescribed. (1) Notwithstanding anything contained in any law for time being in force, the Government or the authorized officer may, by general or special order, empower any police officer not below the rank of a Sub Inspector of Police, to search any place or person, to stop and search any vessel, vehicle, cart or animal or any other conveyance and where the authorized officer has reason to believe that the same was used or attempted to be used in contravention of the provisions of sub-section (1) of section 16A, to seize and take further proceedings in respect of any material object, including such vessel, vehicle, cart, animal or other conveyance, subject to the provisions of sub-section (2) of section 16A. (2) Where a police officer empowered under sub-section (1) detects any material object, including vessel, vehicle, cart, animal or other conveyance and if there is a law for initiating prosecution proceedings in respect of such material object and any person or any conveyance mentioned above has been detained, the matter shall immediately be informed to the competent officer concerned or the authority for the purpose of seizing such material object and initiating such further proceedings as per the provisions of the law concerned if such material objects are seized under this Act, the matter shall immediately be reported before the District Magistrate having jurisdiction.

(1) In every case where a detention order has been made under this Act, the State Government shall, within three weeks from the date of detention, place before the Advisory Board constituted under section 17 the grounds on which the order has been made and the representation, if any, made by the person affected by the order. (2) The Advisory Board shall, after considering the material placed before it and, if necessary, after calling for further information from the State Government or from the person concerned, submit its report to the State Government within seven weeks from the date of detention. (3) If the Advisory Board is of the opinion that there is sufficient cause for the detention of the person concerned, the State Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit. (4) If the Advisory Board is of the opinion that there is no sufficient cause for the detention, the State Government shall revoke the detention order and cause the person to be released forthwith. (1) Where a Police Officer authorized under sub-section (1) of section 17 conducts search of any place or person, the provisions of section 100 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), shall, mutatis mutandis, apply to such search and in dealing with any object seized by such an Officer, the provisions of sub-section (3) of section 102, sections 457, 459 and 481 of the said Code shall apply subject to the modifications that the references to "Magistrate" and "court" in the said sections shall be construed as "District Magistrate" and the references to "Code" shall be construed as "Act" and for the purpose of the said sections, the rules made by the High Court of Kerala in exercise of the powers conferred by the said Code, as amended from time to time, shall, mutatis mutandis, as far as possible, apply to the proceedings under this Act. (2) Any person aggrieved by an order passed by the District Magistrate in respect of any material object seized under this Act may, within sixty days from the date of receipt of such order, prefer an appeal before the Secretary to Government in charge of the Home Department. (3) On receipt of an appeal under sub-section (2), the appellate authority shall, after giving the appellant an opportunity of being heard, pass such order confirming, modifying or annulling the order appealed against, as it deems fit.

(1) The Advisory Board shall regulate its own procedure, and it shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters: (a) summoning and enforcing the attendance of any witness and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any Court or office. (2) The proceedings of the Advisory Board shall be confidential and its report shall be for the use of the State Government only. (1) No order confiscating any material object under this Act shall be passed without giving the person from whom it is seized and the owner of such material object,— a notice in writing informing him the grounds on which such material object is proposed to be confiscated; an opportunity to submit a representation in writing against the grounds of confiscation, within such reasonable time as may be specified in the notice for the same; a reasonable opportunity of being heard in the matter; and an opportunity to produce evidence: Provided that if such person is not known or cannot be found the District Magistrate may initiate the steps under sub-section (2) of section 17C. (2) Where the owner of the vessel, vehicle, cart, animal and other conveyances proves to the satisfaction of the District Magistrate that it was used for committing the anti-social activity without the knowledge or connivance of himself or of his agent, if any, and the person in charge of such vessel, vehicle, cart, animal or other conveyance had taken all reasonable and necessary precaution against such use, no order for confiscation of any material object shall be passed under this Act.

(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 State Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit. (2) Nothing under this section shall compel the State Government to disclose to the person the details of the report of the Advisory Board. (1) Where the District Magistrate is satisfied on the matters coming under his jurisdiction that any material object was used or is being used or is attempted to be used in violation of the provisions of section 16A, he may pass an order for confiscation of such material object, including the vessel, vehicle, cart, animal or other conveyance used or being used or attempted to be used for carrying the same. (2) Where the person who has committed violation of section 16A and the owner of the material object seized are not known or cannot be found or no person makes any claim for the release or return of the material object within six months, the District Magistrate may, after issuing a proclamation specifying the details of the material object to be confiscated and requiring any person who may have a claim on it to appear before him within three months from the date of proclamation and to establish his claim, if he is satisfied that they may be confiscated, pass orders for confiscation of the same.

Material objects not liable to confiscation to be returned to the owner.—Where the District Magistrate passes an order under this Act that any material object seized and detained under sub-section (2) of section 16A is not liable to be confiscated under this Act, he shall, after the expiry of thirty days from the date of such order, release such material object to the person from whom it was seized or to the owner thereof, subject to such conditions as he deems fit. Burden of proof—Where any material object under section 16A is detected until the contrary is proved, the person found in possession of such material object shall be presumed to have acted in violation of the said section and the burden to prove the contrary shall be on the person who is found in possession of the material object or on the owner thereof.

An order passed under this Act for confiscation of any material object and conveyance used for carrying it, if any, shall become final after the final decision of the Government confirming the detention order relating to such material object, after the expiry of the period of filing appeal under sub-section (2) of section 17A and, if an appeal is filed, after the decision thereon and also after other legal proceedings, if any, and thereafter the material object and other conveyance so confiscated shall vest in the Government free from all encumbrances and the District Magistrate shall pass an order entrusting the possession of the same with any officer not below the rank of a Tahsildar, as he deems fit.

Any material object confiscated under this Act shall vest in the Government and the Government may dispose of such material object in such manner as may be prescribed.

(1) No suit, prosecution or other legal proceeding shall lie against any officer authorised or not for anything done or intended to be done in good faith under this Act. (2) No suit or other legal proceeding shall lie against the Government for any damage caused or deemed to have been caused by any action taken or intended to be taken in good faith in pursuance of any order made or deemed to be made under this Act. (3) No public servant shall be penalised in any manner for any act or omission committed in good faith, in pursuance of official duty cast upon him or in preparing any material or document for the purpose of initiating action under this Act or for any omission or error in listing out or categorising any offence in which the detained person had been involved or convicted. (4) If a public servant commits an act or omission deliberately or maliciously with the intention of falsely implicating any person under the provisions of this Act, in addition to the normal prosecution, if it is so ordered by the Government a sum not exceeding hundred rupees per day for each day of detention shall be realized from such Government Officer and be paid to the person subjected to such detention.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), all offences and wilful violations of lawful orders made under this Act shall be cognizable and non-bailable.

All orders issued by the Government under this Act shall be under the seal and signature of the Secretary, Home Department.

(1) The Government may make rules, not inconsistent with this Act, for carrying out the purposes of this Act. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(1) The Kerala Anti-Social Activities (Prevention) Ordinance, 2007 (44 of 2007), is hereby repealed. (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.