West Bengal (Prevention Of Violent Activities) Act, 1970
No: 19 Dated: Nov, 22 1970
THE WEST BENGAL (PREVENTION. OF VIOLENT ACTIVITIES) ACT, 1970
Act No. 19 of 1970
An Act to provide for detention with a view to preventing violent activities and for matters connected therewith.
In exercise of the powers conferred by section 3 of the West Bengal State Legislature (Delegation of Powers) Act, 1970, the President is pleased to enact as follows: -
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.
2. Definition. - In this Act, unless the context otherwise requires, "detention order" means an order made under section 3.
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" includes fire-arms, explosive or corrosive substances, swords, spears, daggers, bows and arrows; or
(b) committing mischief, within the meaning of section 425 of the Indian Penal Code, by fire or any explosive substance on any property of Government or any local authority or any corporation owned or controlled by Government or any University or other educational institution or on any public building, where the commission of such mischief disturbs, or is likely to disturb, public order; or
(c) causing insult to the Indian National Flag or to any other object of public veneration, whether by mutilating, damaging, burning, defiling, destroying or otherwise, or instigating any person to do so.
Explanation. - In this clause, "object of public veneration" includes any portrait or statue of an eminent Indian, installed in a public place as a mark of respect to him or to his memory; or
(d) committing, or instigating any person to commit, any offence punishable with death or imprisonment for life or imprisonment for a term extending to seven years or more or any offence under the Arms Act, 1959 or the Explosive Substances Act, 1908, where the commission of such offence disturbs, or is likely to disturb, public order; or
(e) in the case of a person referred to in clauses (a) to (f) of section 110 of the Code of Criminal Procedure, 1898, committing any offence punishable with imprisonment where the commission of such offence disturbs, or is likely to disturb, public order.
(3) Any of the following officers, namely :-
(a) District Magistrates,
(b) Additional District Magistrates specially empowered in this behalf by the State Government,
(c) in the Presidency-town of Calcutta, the Commissioner of Police, Calcutta,
may, if satisfied as provided in sub-section (1), exercise the power conferred by the said sub-section.
(4) When any order is made under this section by an officer specified in sub-section (3), 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 have a bearing on the matter and no such order shall remain in force for more than twelve days after the making thereof unless, in the meantime, it has been approved by the State Government.
(5) When any order is made or approved by the State Government under this section, the State Government shall, as soon as may be, report the fact to the Central Government together with the grounds on which the order has been made and such other particulars as, in the opinion of the State Government, have a bearing on the necessity for the order.
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.
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.
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 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.