S.1 Short title, extent and commencement

       (1) This Act may be called the Gujarat Prevention of Anti-social Activities Act, 1985.
       (2) It extends to the whole of the State of Gujarat.
       (3) It shall be deemed to have come into force on the 27th May, ] 985.

S.2 Definitions

       In this Act, unlessthe context otherwise requires,--
       (a) "authorisedofficer" means a District Magistrate or a Commissioner of Policeauthorised under sub-section (2) of section 3 to exercise thepowersconferred under sub-section (1) of that section;
       (b)"bootlegger" means a person who distills, manufacturer, stores,transports, imports, exports, sells or distributes any liquor, intoxicatingdrug or other intoxicant in contravention of any provision of the Bombay ProhibitionAct, 1949 [Bom. xxv of 1949.] and the rules and orders made thereunder, or of any other law for thetime being in force or who knowingly expends or applies any money or suppliesany animal, vehicle, vessel or other conveyance or any receptacle or any othermaterial whatsoever in furtherance or support of the doing of any of the thingsdescribed above by or through any other per

S.3 Power to make orders detaining certain persons

       (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 or a Commissioner of Police, the State Government is satisfied that it is necessary so to do, it may, by order in writing, direct that the District Magistrate or the Commissioner of Police, may also, if satisfied as provided in sub-section (1), exercise the powers conferred by the said sub-section.
       (3) When any order is made under this section by an authorised officer he shall forthwith report the fact to the State Government, toge

S.4 Execution of detention orders

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. [of 1974.]

S.5 Power 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 Government may, by 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.

S.6 Grounds of detention severable

       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 ground 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 Government or the officer making such order would have be

S.7 Detention orders not to be invalid or inoperative on certain grounds

       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 authorised officer making the order, or
       (b) that the place of detention of such person though, within the State, is outside the said limits.

S.8 Powers in reliation to absconding persons

       (1) If the State Government or any authorised 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, than the provisions of sections 82 to 86 (both inclusive) of the Code of Criminal Procedure, 1973, [2 of 1974.] shall apply in respect of such person and his property, subject to the modifications mentioned in this sub-section and, irrespective of the place where such person ordinarily resides, the detention order made against him shall be deemed to be a warrant issued by a competent Court. Where the detention order is made by the State Government, and officer, not below the rank of a District Magistrate or a Commissioner of Police authorised by the State Government in this behalf, or where the detection order is made by an authorised officer, the authorised officer, as the case may be, shall, irrespective of h

S.9 Grounds of order of detention to be disclosed to detenu

       (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 latter than seven 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.

S.10 Constitution of Advisory Boards

       (1) The State Government shall, whenever necessary, constitute one or more Advisory Boards for the purposes of this Act.
       1[(2) Every such Board shall consist of a Chairman and two other members who are, or have been, Judges, of any High Court or who are qualified under the Constitution of India to be appointed as Judges of a High Court :
       Provided that the Chairman of such Board shall be a person who is, or has been, a Judge of a High Court.]
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       1. This sub-section was substituted by Guj. 26 of 1086, s.3,

S.11 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 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 person, affected by the order, and where the order has been made by an authorised officer, also the report made by such officer under sub-section (3) of section 3.

S.12 Procedure of advisory Board

       (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 seven weeks from the 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 membe

S.13 Action upon 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 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.

S.14 Maximum period of detention

       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.

S.15 Revocation of detention orders

       (1) Without prejudice to the provisions of section 21 of the Bombay General Clauses Act, 1904, [Bom. I of 1904.] 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 authorised officer.
       (2) The expiry or revocation of a detention order (hereinafter in this subsection 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 of the earlier detention order made against such person, the maximum period for which such person may be detained in pursuance of the subsequent detenti

S.16 Temporary release of persons detained

       (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 (2) 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

S.17 Protection of section taken in good faith

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.

S.18 Matters within the purview of this Act to be dealt with under this Act only

On and after the commencement of this Act, no order of detention under the National Security Act, 1980 [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.

S.19 Repeal and saving

       (1) The Gujarat Prevention of Anti-social Activities Ordinance, 1985 [Guj. Ord. 11 of 1985.] is hereby repealed.
       (2) Notwithstanding such repeal,--
       (a) anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act;
       (b) every person in respect of whom an order of detention has been made under section 3 of the said Ordinance by reason of his being a dangerous person and is in force immediately before the date on which the assent to this Act of the President is first published in the Official Gazette, (hereinafter referred to as "the said date"), shall, notwithstanding that his detention has been rendered inconsistent with section 3 of this Act, continue to be under detention subject to the provisions of this Act;
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