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RAJASTHAN PREVENTION OF ANTI SOCIAL ACTIVITIES ACT, 2006
(1) This act may be called the Rajasthan Prevention of Anti-social Activities Act, 2006.
(2) It extends to the whole of the state of Rajasthan.
(3) It shall come into force at once.
In this Act, unless the context otherwise requires,--
(a) "authorized officer" means a District Magistrate authorized under sub-section (2) of section 3 to exercise the powers conferred under sub-section (1) of that section;
(b) "boot-legger" means a persons who habitually distills, manufactures, stores, transports, imports, exports, sells or distributes any liquor, intoxicating drug or other intoxicant in contravention of any provision of the Rajasthan Excise Act, 1950 (Act No. 2 of 1950) and the rules and orders made thereunder, or of any other law for the time being in force or who knowingly expends or applies any money or supplies any animal, vehicles, vessel or other conveyance or any receptacle or any other material whatsoever in furtherance or support of the doing of any of the things described above by or through any other person
Section 2 of the Rajasthan Prevention of Anti-Social Activities Act, 2006 (PASA) defines key terms crucial for the application of the Act, particularly focusing on the scope of "dangerous persons," "public order," and related concepts. The section provides foundational definitions that guide the scope and implementation of preventive detention measures for maintaining public order and safety.
Section 2 lays down the definitions of essential terms used throughout the Act, including:- "Dangerous person" (Section 2(c))- "Public order" (Section 2(4))- Other terms like "boot-legger," "property grabber," etc., as relevant to the Act’s objectives.
The section clarifies that these definitions are to be understood in the context of the Act's purpose to prevent anti-social activities prejudicial to public order.
Section 2 of the Rajasthan PASA, 2006 provides the essential legal framework for defining terms critical to preventive detention. Its proper understanding and application are vital to ensure that detention orders are lawful, justified, and subject to judicial review, thereby balancing individual rights with the need for public order maintenance.
(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.
(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, the State Government is satisfied that it is necessary so to do, it may, by order in writing, direct that the District Magistrate, 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 authorized officer he shall forthwith report the fact to the State Government together with the grounds on which the order has been made and
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 (Central Act No. 2 of 1974).
Every person in respect of whom a detention order has been made shall be liable--
(a) to be detained in such place and under such conditions, including conditions as to maintenance of discipline and punishment for breaches of discipline, as the Government may, be 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.
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 of such grounds 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 State Government or the authorized officer making such order would have been satisfied as pro
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 authorized officer making the order, or
(b) that the place of detention of such person, though within the State, is outside the said limits.
(1) If the State Government or the authorized officer 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, in that case the State Government or, as the case may be, the authorized officer shall, irrespective of his ordinary jurisdiction, be deemed to be empowered to exercise all the powers of the Competent Court for issuing a proclamation for such person and for attachment and sale of his property situated in any part of the State and for taking any other action, and the provisions contained in sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) shall mutatis mutandis apply as it the detention order as aforesaid was a warrant of arrest issued by a Competent Court.
(2) If such person fails to comply with such proclamation, unles
(1) When a person is detained in pursuance of a detention order the authority making the order shall, as soon as may be, but not later than three 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 State Government.
(2) Nothing in sub-section (1) shall require the authority to disclose facts which it considers to be against the public interest to disclose.
(1) The State Government shall constitute one or more Advisory Boards for the purposes of this Act.
(2) Every such Board shall consist of a Chairman and two other members who are, or have been, Judges of any High Court.
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 of a person under the order, place before the Advisory Board constituted by it under section 10 the grounds on which the order has been made and the representation, if any, made by the "detenue" and where the order has been made by an authorized officer, also the report made by such officer under sub-section (3) of section 3.
(1) The Advisory Board, shall after considering the materials placed before it and, after calling for such further information as it may deem necessary from the State Government or from any person called for the purpose through the State Government or from the detenu and if, in any particular case, the Advisory Board considers it essential so to do or if the detenu desires to be heard, after hearing the detenu in person, submit its report to the State Government, within fifty days from he date of detention of the detenu.
(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 detenu.
(3) When there is a difference of opinion among the members forming the Advisory Board the opinion of the majority of such members
(1) In any case where the Advisory Board has reported that there is, in its opinion, sufficient cause for the detention of the detenu, the State government may confirm the detention order and continue the detention of the detenu for a period not exceeding the maximum period prescribed by section 14 as it thinks fit.
(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 State Government shall revoke the detention order and cause the detenu to be released forthwith.
The maximum period for which any person may be detained in pursuance of any detention order made under this Act which has been confirmed under section 13, shall be one year from the date of detention.
(1) Without prejudice to the provisions of section 23 of the Rajasthan General Clauses Act, 1955 (Act No. 8 of 1955) a detention order may, at any time for reasons to be recorded in writing, be revoked or modified by the State government, notwithstanding that the order has been made by an authorized officer.
(2) The expiry or revocation of a detention order (hereinafter in this sub-section referred to as "the earlier detention order") shall not bar the making of another detention order (hereinafter in this sub-section referred to as "the subsequent detention order") under -section 3 against the same person:
Provided that in a case where no fresh facts have arisen after the expiry or revocation o the earlier detention order made against such person, the maximum period for which such person may be detained in pursuance of the subsequent detention order shall in no case, extend bey
(1) The State Government may, at any time, for reasons to be recorded in writing, 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.
(2) In directing the release of any detenu under sub-section (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 detenu released under sub-section (1) shall surrender himself at the time and place, and to the authority, specified in the order directing his release or cancelling his release, as the case may be.
(4) If any detenu fails without sufficient c
No suit, prosecution or other legal proceeding shall lie against the State government or any officer or person, for anything in good faith done or intended to be done in pursuance of this Act.
On and after the commencement of this act, no order of detention under the National Security Act, 1980 (Central Act No. 65 of 1980) shall be made by the State Government or any officer subordinate to it, in respect of any boot-legger, drug offender, dangerous person, immoral traffic offender, or property grabber in the State on the ground of preventing him from acting in any manner prejudicial to the maintenance of public order, in so far as an order under this Act, could be made for detention of such person.
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