Arunachal Pradesh Unlawful Activities (Prevention) Act, 2014
No: 12 Dated: Sep, 08 2014
THE AHUNACHAL PRADESH UNLAWFUL ACTIVITIES (PREVENTTON) ACI 2014
(ACT NO. 12 OF 2014)
An Act to provide for more effective prevention of certain unlawful activities of individuals and associations and matters connected therewith.
Be it enacted by the Legislature of the State of Arunachal Pradesh in the Sixty-fifth year of the Republic of India, as follows
1. Short title, Extent and commencement. - (1) This Act may be called the Arunachal Pradesh Unlawful Activities (Prevention) Act, 2014.
(2) It extends to the whole of the State of Arunachal Pradesh.
(3) It shall come into force on such date, as the State Government by notification, in the Official Gazette appoint.
2. Definition. - In this act unless the context otherwise requires :
(i) "Advisory Board" means the Board constituted under section 9.
(ii) "Bootlegger" means a person who distills, manufactures, stores, transports or takes away, imports, exports, sells or distributes any liquor, intoxication drug or other intoxicating substances in contravention of any of the provisions contained in any law for the time-being in force, or knowingly spends or utilizes money or gives support or gives aid to do any of the matters mentioned above, by any person or through any person by providing any animal, vehicle, vessel, other conveyance or any tank, any other articles whatever it may be or the person who abets to do any such matter in any manner.
(iii) "Close relative" means spouse parents, children or sibilate and first degree blood relative of such person and include the children or spouses of such persons.
(iv) "Habitual Depredator of environment" means a person who, by any direct act by which he derives pecuniary or commercial benefit, commits an offence under any law relating to protection of environment or rivers or under any law relating to sand mining from any place or under any law relating to quarrying or mining, or who commits or abets the commission of offences punishable under any law relating to conservation of forests or wild life.
(v) "Detention Order" means an Order made under section 3.
(vi) "Habitual Drug Offender" means a person, who illegally cultivates, manufactures, stocks, transport, sells or distributes any drug in contravention of the Narcotic Drugs and Psychotropic Substances Act 1985 (Central Act 61 of 1985) or in contravention of any other lav/ for the time being in force, or who knowingly does anything abetting or facilitating any such activity.
(vii) "Immoral Traffic Offender" means a person who commits or abets the commission oi any offence under the immoral Traffic (Prevention) Act, 1956 (Central Act 104 of 1956).
(viii) "Unlawful Person" means a person who indulges in any unlawful activity or promote or abets any illegal organization/activities declared as prohibited by the State, which are harmful to maintenance of the public order or supply of daily services and goods to public either directly or indirectly.
(ix) "Dangerous person" means a person, who either by himself or as a member or leader of a gang during a period of three successive years habitually commits, or attempts the commission of any of the offences punishable under Chapter XVI or Chapter XVII of the Indian Penal Code or any of the offences punishable under Chapter V of the Act 1959 (54 of 1959).
(x) "Person" means a person mentioned in section 8 of the Act.
(xi) "Property grabber" means a person who illegally takes possession, either for himself or on behalf of others, of any movable or immovable property belonging to Government or Government owned Institutions or of any person and includes a person who creates illegal tenancies or lease or license or agreements or any other agreements, express or implied, in respect of such properties, or who knowingly gives financial aid to any person for taking illegal possession of such properties or construction of unauthorized structures thereon or who attempts to collect from any possessors of properties, rent compensation or other charges by criminal intimidation or who evicts or attempts to evict any such possessors by force without resorting to the lawful procedure or who abets in any manner such activities.
(xii) "Unlawful activity" means acting in such a manner so as to cause or likely to cause directly or indirectly, any feeling of insecurity, danger or fear among the general public or any section thereof or any danger to the safety of individuals, safety of public, public health or the ecological system or disruption of daily supplies and essential services to public or any loss or damage to public exchequer or to any public or private property or enforce on general public activities declared as illegal by the State or prohibited by State Government under section 144 of CrPc or any other order for the time being in force such as Bandh through intimidation or psychological fear or threat and causing actual damage to public or private property.
(xiii) "State" means the State of Arunachal Pradesh.
(xiv) "State Government" means the State Government of Arunachal Pradesh.
3. Powers to make Orders detaining a certain person. - (1) 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 person who is Bootlegger. Habitual Depredator of Environment, Habitual drug offender, Property Grabber. Dangerous Persons, Unlawful persons associated with unlawful activities may make an order directing such person to be detained with the view to preventing him from acting in any manner prejudicial to the security of the State, or maintenance of Public Order or maintenance of daily supplies and services essential to the public.
(2) When any order is made under the preceding subsection by any officer mentioned herein, he shall forthwith report the fact to the State Government together with the ground on which the order has been made and such other particulars as in his opinion have a bearing on the matter and no such order shall remain in force more than 12 days after making the order unless in the mean time it has been approved by the State Government.
Provided that where under section 8, the ground of detention are communicated by the officer making the order after 5 days but not later than 10 days from the date of detention the validity of detention order shall be for 15 days.
Explanation. - For the purpose of this sub-section a person shall be deemed to be "acting in any manner prejudicial to maintenance of Public order" when such person is engaged in or is making preparation for engaging in any activity which will affect adversely or is likely to affect adversely the maintenance of public order or daily supplies of goods and services to public. Further, for the purpose of this section, public order is deemed to have been affected adversely or public order is deemed to likely have been affected adversely, inter alia, if any of the activities of any person referred to in this sub-section directly or indirectly is causing or is likely to cause any harm, danger or alarm or feeling of insecurity among the general public or any section thereof or a grave or widespread danger to life, property or public health.