Preamble .

[Received the assent of the President on 19^th July, 1980] 
Enacted by the President in the Thirty-first Year of the Republic of India
To provide for preventive detention in certain cases and matters connected therewith

In exercise of the Powers conferred by section 3 of the Assam State Legislature (Delegation of Powers) Act. 1980 (38 of 1980) the President is pleased to enact as follows:—

S.1 Short title and extent

(1) This Act may be called the Assam Preventive Detention Act. 1980.

(2)  It extends to the whole of the State of Assam.

S.2 Definitions

 In this Act, unless the context otherwise requires,—

(a)     “Advisory Board” means the Board constituted under section 9;

(b)     “Detention order” means an order made under section 3;

(c)     “State” means the State of Assam;

(d) &nb

S.3 Power to make orders detaining a certain persons

(1) The State Government or any officer of the State Government not below the rank of a Secretary to the State Government or a District Magistrate may if satisfied with respect to any persons that with a view to preventing him from acting in any manner prejudicial to the security of the State, the maintenance of public order or the maintenance of supplies and service essential to the community, it is necessary so to do, make an order d

S.4 Execution of detention order

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

S.5 Powers to regulate place and conditions of detention

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, discipline and punishment for breaches of discipline, as the State Government may, by general or special order, specify; and

(b)     To be rem

S.6 Detention order not to be invalid or in-operative on certain grounds

No detention order shall invalid or inoperative merely by reason—

(a)     That the person to be detained thereunder is outside the limits of he territorial jurisdiction of the State Government or the officer making the order, or

(b)     That the place of detention of such person is outside the said limits.

S.7 Power in relation to absconding persons

(1) If the State Government or the officer making as order under sub-section (1) 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 State Government or the officer making the order may—

(a)     Make a report in writing of the fact to a Judicial Magistrate of the fi

S.8 Grounds of order of detention to be disclosed to person effected by the order

(1) When a person is detained in pursuance 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 rep

S.9 Constitution of Advisory Board

(1) The State Government shall constitute one or more Advisory Boards for the purposes of this Act in accordance with the recommendation of the Chief Justice of the Gauhati High Court.

(2)  Every such Board shall consist of a Chairman who shall be a serving Judge of the Gauhati High Court and of not less than two other members who shal be serving or retired Judges of any high Court

S.10 Reference to Advisory Board

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 orde, place before the Advisory Board, the grounds on which the order has been made and the representation, if any, made by the person affected by the order, and in case wher the order has been made by an officer referred to in sub-section (1) of section 3, also the report by such officer under sub-section (2) of that section.

S.11 Procedure of Advisory Board

(1) The Advisory Board shall after considering the materials placed before it and 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 person concerned and if in any particular case, it considers it essential so to do or if the person concerned desires to be heard after hearing him

S.12 Action upon the report of Advisory Board

(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)     In any case where the Advisory Board has reported that there is in its opinion no

S.13 Maximum period of detention

The maximum period for which any person may be detained in pursuance of any detention order which has been confirmed under section 12 shall be six months from the date of detention but in no case shall exceed the period fixed by law of Parliament, if any:

Provided that nothing contained in this section shall affect the power of the State Government to revoke or modify the detention order a

S.14 Revocation or modification of detention order

Without prejudice to the provision of section 23 of the Assam General Clauses Act, 1915 a detention order made by any officer may, at any time, be revoked or modified by the State Government.

(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 wher

S.15 Temporary released of persons detained

(1) The State 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.

(2)     In directing the release of any person under sub-section 91), the State Government may require

S.16 Protection of action taken in good faith

No suit, prosecution or other legal proceedings shall be against the State Government or any officer of the State Government or any other person, for anything in good faith done or intended to be done in pursuance of this Act.

S.17 Procedure of Advisory Board

(1) The Assam Preventive Detention Ordinance, 1980, 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 the corresponding provisions of this Act as if this Act had come into force on the 18^thday of April, 1980.