THE KARNATAKA PREVENTION OF DANGEROUS ACTIVITIES OF BOOTLEGGERS, DRUG-OFFENDERS, GAMBLERS, GOONDAS, [IMMORAL TRAFFIC OFFENDERS, SLUM-GRABBERS AND VIDEO OR AUDIO PIRATES] ACT, 1985

KARNATAKA ACT NO. 12 OF 1985

29th April 1985

An Act, to provide for preventive detention of bootleggers, drug-offenders, gamblers, goondas, [Immoral Traffic Offenders, Slum-Grabbers and Video or Audio pirates]1 for preventing their dangerous activities prejudicial to the maintenance of public order. WHEREAS public order is adversely affected every now and then by the dangerous activities of certain persons, who are known as bootleggers, drug-offenders, goondas, [immoral traffic offenders and slum-grabbers and video and audio pirates]1 BE it enacted by the Karnataka State Legislature in the Thirty-sixth Year of the Republic of India as follows:- 1. Substituted by Act 61 of 2013 w.e.f. 13.12.2013.

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S.1 Short title and commencement

(1) This Act may be called the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug offenders, Gamblers, Goondas, [Immoral Traffic Offenders, Slum-Grabbers and Video or Audio pirates]1 Act, 1985.

(2) It shall be deemed to have come into force on the Fifteenth day of December, 1984.

1. Substituted by Act 61 of 2013 w.e.f. 13.12.2013.

S.2 Definitions

In this Act, unless the context otherwise requires,-

• (a) "acting in any manner prejudicial to the maintenance of public order" means,-
  • (i) in the case of a bootlegger, when he is engaged, or is making preparations for engaging, in any of his activities as a bootlegger, which affect adversely, or are likely to affect adversely, the maintenance of public order;
  • (ii) in the case of a drug-offender, when he is engaged, or is making preparations for engaging, in any of his activities as a drug-offender, which affect adversely or are likely to affect adversely the maintenance of public order;
  • (iii) in the case of a gambler when he is engaged, or is making preparations for engaging in any of his activities as a gambler which affect adversely or are likely to affect adversely the maintenance of public order;
  • (iv) in the case of a goonda when he is engaged, or is making preparations for engaging, in any of his activities as a goon
    

S.3 Power to make orders detaining certain persons

(1) The State Government may, if satisfied with respect to any bootlegger or drug-offender or gambler or goonda or [Immoral Traffic Offender or Slum-Grabber or Video or Audio pirate]1 that with a view to prevent 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 persons 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 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 sub-section :

Provided that the period specified in the order made by the State Government under this sub-section

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 warrants of arrest under the Code of Criminal Procedure, 1973 (Central Act 2 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 State 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 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 limits of the territorial jurisdiction of the officer making the order, or
• (b) that the place of detention of such person, though within the State, is outside the said limits.

S.6A Grounds of detention severable

Where a person has been detained in pursuance of an order of detention under sub-section (1) or sub-section (2) of 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 Government or the officer making such order would have been satisfied as provided in sub-section (1) of section 3 with reference to the remaining ground or grounds and made the order of detention ;
• (b) the Government or the officer making the order of detention shall be dee
  

S.7 Powers in relation to absconding persons

(1) If the State Government, or an officer mentioned in 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, then the provisions of sections 82 to 86 (both inclusive) of the Code of Criminal Procedure, 1973 (Central Act 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, an officer, not below the rank of District Magistrate or Commissioner of Police authorised by the State Government in this behalf, or where the detention order is made by an officer, mentioned in sub-section (2) of section 3 shall such officer as the case may be, shall irrespecti

S.8 Grounds of order of detention to be disclosed to persons affected by the order

(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 five 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.9 Constitution of Advisory Board

(1) The State Government shall, whenever necessary constitute one or more Advisory Boards for the purpose of this Act.

(2) The constitution of every such Board shall be in accordance with the recommendation of the Chief Justice of the High Court of Karnataka.

(3) Every such Board shall consist of a Chairman and two other members and the Chairman shall be serving judge of the High Court of Karnataka and the other members shall 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 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 against the order, and in case where the order has been made by an officer, also the report by such officer under sub-section (3) of section 3.

S.11 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 person concerned, and if, in any particular case, the Advisory Board considers it essential so to do or if the person concerned desire to be heard, after hearing him in person, submit its report to the State Government, within seven weeks from the date of detention of the person concerned.

(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) When there is a 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.

(4) The proceedings of the Advisory Board

S.12 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 a person, the State Government may confirm the detention order and continue the detention of the person concerned for such period, not exceeding the maximum period specified in section 13, as they think 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 person to be released forthwith.

S.13 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 12 shall be twelve months from the date of detention.

S.14 Revocation of detention orders

(1) Without prejudice to the provisions of section 21 of the Karnataka General Clauses Act, 1899, a detention order may, at any time, be revoked or modified by the State Government, notwithstanding that the order has been made by an officer mentioned in sub-section (2) of section 3.

(2) The revocation or expiry of a detention order (hereinafter in this sub-section referred to as the earlier detention order) shall not, whether such earlier detention order has been made before or after the commencement of the Karnataka Prevention of Dangerous Activities of Boot-leggers, Drug-offenders, Goondas, Immoral traffic Offenders and Slum-Grabbers (Amendment) Act, 1987, 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 revocation or expiry of the earlier detention order made against such person, the ma

S.15 Temporary release 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 detenue 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 person 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 person fails without sufficient cause to surrender himself in the manner specified in sub-section (3), he shall, on conviction, be punished with imprisonment for a term which may extend to two years, or with fine or with both.

(5) If a

S.16 Protection of action 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.17 Detention Order against any bootlegger, drug-offender, gambler, goonda, [Immoral Traffic Offender or Slum-Grabber or Video or Audio pirate] to be made under this Act and not under National Security Act

On and after the commencement of this Act, no order of detention under the National Security Act, 1980 (Central Act 65 of 1980) shall be made by the State Government or any of their officers under that Act, in respect of any bootlegger, drug-offender, gambler, goonda, [Immoral Traffic Offender or Slum-Grabber or Video or Audio pirate]1 in the State of Karnataka, on the ground of preventing him from acting in any manner prejudicial to the maintenance of public order, which order of detention may be or can be made against such person under this Act.

1. Substituted by Act 61 of 2013 w.e.f. 13.12.2013.

S.18 Repeal and savings

(1) The Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum grabbers Ordinance, 1984 (Karnataka Ordinance 16 of 1984) 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.

S.KARNATAKA ACT NO. 61 OF 2013

THE KARNATAKA PREVENTION OF DANGEROUS ACTIVITIES OF BOOTLEGGERS, DRUG-OFFENDERS, GAMBLERS, GOONDAS, IMMORAL TRAFFIC OFFENDERS AND SLUM-GRABBERS(AMENDMENT) ACT, 2009

An Act further to amend the Karnataka Prevention of Dangerous Activities of Boot-Leggers, Drug-offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-grabbers Act, 1985.

Be it enacted by the Karnataka State Legislature in the Sixtieth year of the Republic of India as follows:-

1. Short title and commencement.- (1) This Act may be called the Karnataka Prevention of Dangerous Activities of Boot-Leggers, Drug-offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-Grabbers (Amendment) Act, 2009.

(2) It shall come into force at once.