THE WEST BENGAL (PREVENTION OF VIOLENT ACTIVITIES) ACT, 1970

President's Act No. 19 of 1970

22nd November, 1970

An Act to provide for detention with a view to preventing violent activities and for matters connected therewith.

S.1 Short title, extent and commencement

(1) This Act may be called the West Bengal (Prevention of Violent Activities) Act, 1970.

(2) It extends to the whole of the State of West Bengal.

(3) It shall come into force at once.

S.2 Definition

In this Act, unless the context otherwise requires, "detention order" means an order made under section 3.

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 security of the State or the maintenance of public order, it is necessary so to do, make an order directing that such person be detained.

(2) For the purposes of sub-section (1), the expression "acting in any manner prejudicial to the security of the State or the maintenance of public order" means—

• (a) using, or instigating any person by words, either spoken or written, or by signs or by visible representations, or otherwise, to use, any lethal weapon—
  • (i) to promote or propagate any cause or ideology, the promotion or propagation of which affects, or is likely to affect, adversely the security of the State or the maintenance of public order; or
  • (ii) to overthrow or to overawe the Government established by law in India.

  Explanation.—In this clause, "lethal weapon" include
  

  S.4 Execution of detention orders

  A detention order may be executed at any place in the State of West Bengal in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1898.

  
  

  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 of West Bengal, by order of the State Government.
  
  

  S.6 Detention orders not to be invalid or operative 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 of West Bengal, 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 of West Bengal, is outside the limits of the territorial jurisdiction of the officer making the order.
  
  

  S.7 Powers in relation to absconding persons

  (1) If the State Government or an officer specified in sub-section (3) of section 3, as the case may be, 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, that Government or officer may—

  • (a) make a report in writing of the fact to a Presidency Magistrate or a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of sections 87, 88 and 89 of the Code of Criminal Procedure, 1898, shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magistrate;
  • (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; and if the said person fails to comply with such direction, he shall, unless he pr
    

  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 Boards

  (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 who are, or have been, or are qualified to be appointed as, Judges of a High Court, and such persons shall be appointed by the State Government.

  (3) The State Government shall appoint one of the members of the Advisory Board who is or has been a Judge of a High Court to be its Chairman.

  
  

  S.10 Reference to Advisory Boards

  In every case where a detention order has been made under this Act, the State Government shall, within thirty days from the date of detention 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 by the person affected by the order, and in case where the order has been made by an officer specified in sub-section (3) of section 3, also the report made by such officer under sub-section (4) of section 3.

  
  

  S.11 Procedure of Advisory Boards

  (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 it considers it essential so to do or if the person concerned desires to be heard, after hearing him in person, submit its report to the State Government within ten weeks from the date of detention.

  (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) Nothing in this section shall entitle any person against whom a detention order h
  

  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 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 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 22 of the Bengal 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 specified in sub-section (3) of section 3.

  (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 where fresh facts have arisen after the date of revocation or expiry on which the State Government or an officer specified in sub-section (3) of section 3, as the case may be, is satisfied that such an order should be made.

  
  

  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 person 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 be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

  (5) If any person released un
  

  S.16 Protection of action taken under the Act

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

  
  

  S.Reasons for the enactment

  There is increasing anxiety over the continuing violent activities, in West Bengal, of the "Naxalites", other similar extremist groups, and anti-social elements operating with them. As the existing laws have been found to be inadequate for dealing with the situation, it is necessary to vest the State administration with powers to detain persons to prevent them from indulging in the aforesaid activities. It is, therefore, proposed to enact this Bill.

  2. The Committee constituted under the proviso to sub-section (2) of section 3 of the West Bengal State Legislature (Delegation of Powers) Act, 1970 (17 of 1970), has been consulted before enactment of this measure as a President's Act.