Chhattisgarh vishesh jan suraksha Act, 2005
No: 14 Dated: Mar, 21 2006
Chhattisgarh vishesh jan suraksha Act, 2005
(C.G. Act No. 14 of 2006)
An Act to provide for more effective prevention of certain unlawful activities of individuals and organizations and matters connected thereto.
Be it enacted by the Chhattisgarh Legislature in Fifty-sixth Year of Republic of India as follows :
1. Short title, extent and commencement. - (1) This Act may he called the Chhattisgarh Vishesh Suraksha Adhiniyam, 2005.
(2) It extends to whole of Chhsttisgarh.
(3) It shall come into force from the date of its publication in the Official Gazette.
2. Definitions. - In this Act, unless the context otherwise, requires,-
(a) "Advisory Beard" means the Board constituted under Section 5;
(b) "Organisation" means any combination, body or group of persons whether known by any distinctive name or not and whether registered under any relevant law or not and whether governed by any written constitution or not;
(c) "Government" means the State Government;
(d) "Notification" means notification published in the Chhattisgarh Gazette and the word "notified" shall be construed accordingly;
(e) "Unlawful Activity" in relation to any individual or organization means any action taken by such individual or organization whether by committing an act or by words either spoken or written or by signs or by visible representation or otherwise;
(i) which constitutes a danger or menace to public order, peace and tranquility; or
(ii) which interferes or tends to interfere with maintenance of public order; or
(iii) which interferes or tends to interfere with the administration of law or its established institutions and personnel; or
(iv) which is designed to overage by criminal force or show of criminal force or otherwise to any public servant including the force of the State Government or the Central Government in the exercise of the lawful powers of such public servant; or
(v) of indulging in or propagating acts of violence, terrorism, vandalism or other acts generating fear and apprehension in the public or indulging in or encouraging the use of firearms, explosives and other devices or disrupting communications by rail or road; or
(vi) of encouraging or preaching disobedience to established law and its institutions; or
(vii) of collecting money or goods forcibly to carry out any one or more of the unlawful activities mentioned above;
(f) "Unlawful Organization" means any organizaton which indulges in or has for its object, abets or assists or gives aid, succor or encouragement directly or indirectly, through any medium device or otherwise to any unlawful activity.
3. Declaration of an organization as unlawful. - (1) It the Government is of the opinion that any organization is, or has become an unlawful organization, it may by notification, declare such organization to be unlawful.
(2) Every such notification shall specify the grounds on which it is issued ;
Provided that nothing in this sub-section shall require the Government to disclose any fact which it considers to be against the public interest to disclose.
(3) Where such unlawful organization has a registered office, the notification shall be served by sending the same through Registered Post or by handing over to any office bearer in such registered office and in case any office bearer is not available or refuses to receive the notification, the same shall be affixed to some conspicuous part of the office; and where the organization does not have a registered office the notification shall be published in any one local newspaper.
(4) The notification shall be in force for a period of one year and may be extended for such further period or periods not exceeding one year at a lime, as may be deemed necessary after reviewing the position.
(5) A notification issued under sub-section (1) may be revoked by the Government where it considers that the need of its continuance has cease.