The Assam Preventive Detention Act, 1980
## The Assam Gazette

###### Q)ll'fRq

##### .. E .~(T_R.AC~DIN ARY

_I_

###### - PUB.LISHED . BY AUTHORilY

~( 44 frfxf 1.~ , lCf ~~~. 19 iSf..__'e'Tt~, 1980, 28 ~l~t", 1902 (~~ )

No. _44_ , , Dl•p•r, Sattarday, 19th Jaly , 1980, 28th f>.sadha,

1H2 (S. E.)
# --- ....__.; ___ -=================================

,. .GOVERNMENT ,OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT

'! · : .

~ -1:'.i: ;.~;}~Q .. , .. ~ . .·
N@TIFICATION .

The 19th July, 1980

_No.LGL.3_ _180/108.-The. following_ Act made by the
###### President and publish~d in . the Gazette of India Extra_

Ordinary, Part II of Sectioh I, dated 19th July, 1980 is
republished for general information.

U. TAHBILDAR,
###### Secretary to the Govt. of Assam,

Legislative Department.

Name · of Act No. of Act Date of assent
The Assam Pr esident's Act 19th July,1980

###### Preventiv·e Detention No. 5of1980

_r1_

Act, 1980 -- .u.~;s_J.---.·~


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President's Act No.5 of 1980

THE ASSAM PREVENTIVE DETENTION ACT, 1980

Recei·ved the assent of the P resident on 19th July, 1980.

Enacted by the President in the _ Thirty-first Year of the

Republic of India.

An

Act

to provide for preventive deten tion in certain cases and

matters connected therewith.

,

In exercise of the powers conferred

bv section 3 of t he Assam State Legisla-

u .r 1'1!!.

ture (Delegation of Powers) Act, 1980,

the President is pleased to eriact as

follows :-

Short title 1. (1) This Act may be called the ·

and extent.

Assam Preventive D etention Act, 198 0.

(2) It extends to t he whole of the

State of Assam . \.,.,.,"'

Definition s 2. In this Act, unless the context

othe~·wise requires,- . ,,.

(a) "Aclvisory Board" m e ans the

Board constituted u nder section 9 ~

(b) ''detention order" means an

order made under section 3 ;

(c) "State" means the State of

Assam;

(d) "State Government" m eans

the State Govern ment of Assam.

maKe Power ord'ers 10 ,'"> ), (1) T'· J1e St a e t G OVernmen t Or any

<let a in in gofficer of the State Government . not b e-
certain per-1ow the rank of ·a Secret ary· to t he        - State
JOn5.
Governrnent, or a District Ma~istrate

may, if satisfied with respect to any p er-

son th at with a view to preven tin g him


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                               - .... -~ 'V ~ '" ' '" " .. , ~                               -
**TRE** ASSAM 0AZE'I"rE, EXTRAORDINA RY .JULY. 19, 1980 223

from acting in anv manner preiudicial to
the securitv of the · State, the maintenance

.• ·. _of_ public order or the maintenance of

supplies and services essential to the com-
munity, it is necessarv so to do, make an
order directing that such person be

detained:

Provided that no order of detention

shall be made under this sub-section with
respect           - to any person with a view to

preventing him ·from acting in any man-
###### ner preiudicial ·to the maintenance of

su-pplies of commodities essential to the

community, and for the purposes of this

P.roviso. the expression "acting in any

manner preiudicial to the maintenance

###### oi supplies of commodities ·essential to

th~ community" shall have the same mean-

ing as in the Explanation to sub-section (1)
of section 3 of the Prevention of Black-
marketing and Maintenance of Supplies

           - Ccatra!Act er 1, 10. .o f E ssen t " ia 1 C ommo d" l ti. es A c -, t 1980 .

; ~J'.'·

(2) When anv order is made under

t11e preceding sub-section bv any officer

rr~entioned therein, he shall forthwith

report the fact to the State Government
together with the grounds on which the ·
order has been made and such other

particulars as in his opinion hav P a bear-

ing on .the matter, and no such order

shall remain in force for more than

twelve davs after the making thereof

unless in the meantime it has been ap-

proved by the State Government:

.

_>_

Provided that where under section

8 the grounds of detention are communi-
cated bv the officer maldng the order

after five davs but not later than ten

davs from the date of detention. this

sub-section shall applv subiect to the

modification that. for the words "twelve

day.s", thp words "fifteen days'' shall be
su bsti tu ted.

' .


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Executi o 'fl 4'. A detention order may be ·execut"'·
or de1ention

order, ed at any place in India in the manner
provided for the execution of. warrants · ·

of arrest under the Code of Criminal··· 2 CcnitalAd ef 1974·

Procedure, 1973.

r egu Powers lat to e 5 E . very person in · respec 't 0 ·f · w h om

plac , and a detention order has been made shah be

condi ~ons ofliable-
dctentton .

(a) to be detained in such place ,,

###### and under such conditions, including ·

conditions as to maintenance, disci- ·

pline and punishment for breaches · ·

of discipline, as the State · Govern-
###### ment may, by general or special order. specify; and
(b) to be removed from · one place ·

of detention to another place of
detention, wh~ther within the State:·
of Assatn or in another State,

###### by order ·of the State Government:

 Provided that no order shall be made by the State GoveOilment under clause
(b) for the removal of a person from the
###### State to another State except with the
consent of the Government of that other

State.

Detention 6 No detention order shall invalid
order not to         -

be invalid or or inoperative merely by reason-
in-operati v e
oncer ta in
grounds.

(a) that the person to be detained
###### thereunder is outside · the : limits of the 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.

relation Powers in to 7 (1) • If t e h St a e t G overnmen ... '. t . or th e
abscond in sofficer making an order under sub-section

peraonJ. (1) of section 3 has reason to believe' that


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a per.son. in respect of whom a detention
orde:r:.has been made has absconded or
is concealing himself so that the order
cannot be -executed, . the, State Govern-

###### ment , or the. officer making the order
 may-...

(a) ~ make a report in writing of
###### the fact to ·a Judicial Magii;trate of the .first class · having jurisdiction in

                  - the ~ place . where the said person
###### ordinarily resides; and thereupon

t_he provisions of sections 82, 83,
84 and 85 of the Code of Criminal[1 ] Centra!Act
Procedure, 1973, shall apply in 2 er [197]4·

respect of the said person and his
###### property as if the order directing that he be detained were a warrant
issued by the Magi~trate;

(b)- by. order notified in the Offi-

cial Gazette. direct the said person

to appear . before such officer at

###### such ..... place and within such period
as may be specified in the order;
ar:i.d if the. said person fails to com- ....
###### ply. with · such direction he shall,
unless he proves that it was not
possible -for him to comply ·there-
###### with - and that he had, within the
period specified in the order, in-
formed the officer mentioned in the
###### order_ of the reason which rendered
compliance therewith             - impossible
###### and of his whereabouts, be punish- able with imprisonment for a term which may extend to one year, or with fine, or with both.

                       - r--· --· · ·~· - .. ~ ·-.-·~--

; ~·

. (2) Notw,ithstand~ng0 [anything ] [contained ] [Central ][Act ]
m tl}e Co_de o.f Cnmmal Procedure, 1973,2 or 1974. ·

###### every- o_ffence un9er clause. (b) of sub-

section-·(!') s_hall be . cqgnit:~ble.


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i'fiE .ASSAM GAZETTE. EX'tR iORDiNAR >/;-JUL.,;{ .. 19, ~ -
#### ----------- - -- ---

., .. ,·.,

Grounds of 8. {l) When a person is detained in

::~t~~ n°~0d~~pursuance of a detention order, the

disclosed t[0] auth ority making the order shall, . as

ieeJso~veff~~~soon as -may be, but ordinarily not later
order.          - than five days and in exceptional
circumstances and for reasons to be

record~d in writing not later than ten

days from the date of detention, commu-
nicate to him the groun_ds on V{hich the

###### order has been made . and shall afford him the earliest opportunity of makin,fl
a representation against the order to

###### the State Government.

1(2) Nothing in . sub-section {l) shall

###### require the authority to disclose facts
which it considers to be against the public
###### interest to disclose.

                                                          -

. c [0 ] n ~ tit~- 9. {l) The State Government shall
tion of Adv1- . .
sory Board. constitute one or more Advisory Boards

for the purposes of this Act in accordance
###### with the recommendation of the Chiei
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 ~nd of

not less than two other .members who
shall be serving or retired Judges of any
High Court.

Reference .

tl Advisory 10. In every case where a detention
Board, 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, the grounds on which
###### the order has been made and the repre-
sentation, if any, made by the person

affected by the order, and in case where

           - the order has been made by an           - •· 6fficer

-referred to in SU b-section (1) of seCtion

3, also the . report by such . officer under

sub-section (2) of that section.


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l'roci;ci~r.e , .11. (1)" The Advisory Board shall,

**ef** ,Advisory ·        - "d        - th t        - 1 1 d
**Burd.** after       - cons1 enng e ma ena s p ace
before it and after calling for such further
information as it may deem necessary
from the State Government of 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 _s9_ to do or if the
person concerned desires tQ be heard,
###### after hearing him in person, submit its report to the State Government within
seven weeks from the date of detention
of th~ person concerned.

(2) The report of the Advisory Board

shaU 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          - mong the ;members of the

          - \dvisory Board, the opinion- of the ma.io-

~:rity of such members shall be deemed to

            - J; ~ the opinion of the Board.

(5) The proceedings of. the Advisory

Boklrcl and .the report .. of the Advisorv
Boqrd , excepting .that part of the repo;t
###### in W ... J1ic.h th E; . opinion of the Advisory

Boe)._rd is_ speciped, sh?ll be confidentiai.

Actiu upon 12'. (1) In any case where the Advi-

0
~~ ~et:~\ ;~ .o ry ~c:ard h as :reported th at there is in

B<:>ard. its oprnwn sufficien t cause for the deten-
tion .. of a person, the State Government
###### may ·confirm the detention o:rder -and


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###### continue the detention of the · }l>erson
concerned jor such period· as it ,thinks fit.

                 - (2)· In any case where the·[1]Advisory

###### Board · has reported that ·there is' in its
opinion no sufficient cause for the deten-
###### tion of ·the person · concerned,' the ·state Government shall revoke the detention order and cause the persoh fo be released forthwith.

p e~~x;:r~~ 13. The maximum ·· 'period for Which

tcntion. any petsori may be detained ih pursuance
of any detention order' ·which ' has' been
confirmed under section 12 shall be six
rrionths 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 O'r modify the detention order at any earlier time.

0

                - r modifica-R •vocation 14. (1) W' it h out pre]U ice , · d' t (}--. th e ! Au _;- **A 1 ~**
191

t~ nor <leten· orovisions of section 23 of the Assam               -

11011
orders. General Clauses Act, 1915 a detention
###### order made by any ' officer may, at any

-time, oe 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

###### where fresh facts have arisen ·after the date of revocation or expiry o'n which the
 State Government or an officer, as the
case may be, is· satisfied that ,such            - n

. order should be made.

Temporary . 15. (1) The State Government         - ay.

1

~~ ~:d:rtpa1~at · any time, direct that ariy ·person

ned. detained in pursuance of a detention

###### order may be released for any specified

........ ~
#### '


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THii ASSAM G . \.Z i; fT~ . 5Xfl.AO RD IM.Al. Y, JWLY 1,, 1'89 229

period either without con d~t i on s or u pon

S"tlch conditions specified · in the

            - irection as t hat person accepts, and may,

###### at any time, cancel his release.

_ (2) In directing the release of any

per-son ·under sub- seGtion (1), the State

... Gm[ernment m ay require him to ent er

             - nto a bond with or w ithout suret ies for
###### the due obser vance of the conditions
specified in t he direction.

_(3) . Any person released under sub- ,

section (1) shall surren der himself at the
time and place and to the authority,

specified in the order directing his

:rE;lease pr -<;:an celling his release, as the

case :may be.

' ~ ' . ,' . (4) If any person fails without

sufficient cause to surrender himself . in
###### the m-ann:e:- specified in sub-section (3),

he sha ll be punishable ' with imprison-
m ent for a term which 'may extend to

. t wo years, or with fine or wit h both .

(5) If any person released u nder sub-

section (1) fails to fulfil any of the

condit ions imposed upon him u nder the
said sub-section or in the bond entered
into by him, the bond shall be declared
to be forfeited and any person bound

thereby shall be liable to pa·y the

penalty t hereof.

of P;~t~~t~o~ 16. No suit, prosecution or other

ta~en in gaodlegal proceedings shall lie against the-.

faith. 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.


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.230 TWE A~SAM •A:ilM'TE, JXTltAOitDINAltY, JULY 1,, 1'10

Repeal and 17.' (1) The Assam Preventive Deten- OrdiaaAss am nce

savin&·
tion Ordinance, 1980, is hereby repealed. 3 of 1920.

(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
18th day of April, 1980.

N. SANJIVA REDDY,
###### President . .

R. V. S. PERI SASTRI,

###### Secy. to the Govt. of India.

G U!'IATl:-Priated a.nd pa'oJi,llec by th• SlllpJt. i/c,. **A.aa** Oe.,,t. Priuwn' Presa

('ax-G•ette) No.87-900 +500-25·-19-7-19!10 •

. )'. ,..


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