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The Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders/Dangerous Persons and Video Pirates Act, 1981
Maharashtra Act No. 55 of 1981
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LEGISLATIVE HISTORY 6 |
(a) "acting in any manner prejudicial to the maintenance of public order" means-
(i) in the case of a slumlord, when he is engaged, or is making preparations for engaging in any of his activities as a slumlord, which affect adversely, or are likely to affect adversely the maintenance of public order;
(ii) In the case of a bootlegger, when he is engaged, or is making preparations for engaging, in any of his activities as a bootlegger, which affect adversely, or are likely to affect adversely, the maintenance of public order;
(iii) in the case of a drug-offender, when he is engaged, or is making preparations for engaging, in any of his activities as a drug-offender, which affect adversely, or are likely to affect adversely, the maintenance of public order;
Explanation. - For the purpose of this clause (a), public order shall be deemed to have been affected adversely, or shall be deemed likely to be affected adversely, inter alia, if any of the activities of any of the persons referred to in this clause directly or indirectly, is causing or calculated to cause any harm, danger or alarm or a feeling of insecurity, among the general public or any section thereof or a grave or widespread danger to life or public health; [or disturbs the life of the community by producing and distributing pirated copies of music or film products, thereby resulting in a loss of confidence in administration.](b) "bootlegger means a person, who distills, manufactures, stores, transports, imports, exports, sells or distributes any liquor, intoxicating drug or other intoxicant in contravention of any provisions of the Bombay Prohibition Act, 1949 and the rules and orders made thereunder, or of any other law for the time being in force or who knowingly expends or applies any money or supplies any animal, vehicle, vessel or other conveyance or any receptacles or any other materials whatsoever in furtherance or support of the doing any of the above mentioned things by or through any other person, or who abets in any other manner the doing of any such thing;
(c) "detention order" means an order made under section 3;
(d) "detenu" means a person detained under a detention order;
(e) "drug offender" means a person who manufactures, stocks, imports, exports, sells or distributes any drug or cultivates any plant or does any other thing in contravention of any provisions of the Drugs and Cosmetics Act, 1940 or the Dangerous Drugs Act, 1930, or the rules and orders made under either Act or in contravention of any other law for the time being in force, or who knowingly expends or applies any money in furtherance or support of the doing of any of the above-mentioned things by or through any other person, or who abets in any other manner the doing of any such thing;
(f) "slumlord" means a person, who illegally takes possession of any lands (whether belonging to Government, local authority or any other person) or enters into or creates illegal tenancies or leave and licence agreements or any other agreements in respect of such lands, or who constructs unauthorised structures thereon for sale or hire, or gives such lands to any persons on rental or leave and licence basis for construction, or use and occupation, of unauthorised structures, or who knowingly gives financial aid to any persons for taking illegal possession of such lands, or for construction of unauthorised structures thereon, or who collects or attempts to collect from any occupiers of such lands rent, compensation or other charges by criminal intimidation, or who evicts or attempts to evict any such occupiers by force without resorting to the lawful procedure, or who abets in any manner the doing of any of the above-mentioned things:
(g) "unauthorised structure" means any structure constructed, without express permission in writing of the Municipal Commissioner in Municipal Corporation area, and elsewhere of the Collector, or except in accordance with any law for the time being in force in the area concerned.
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 maintenance of public order, it is necessary so to do, make an order directing that such person be detained. (2) If, having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of a District Magistrate or a Commissioner of Police, the State Government is satisfied that it is necessary so to do, it may, by order in writing, direct, that during such period as may be specified in the order such District Magistrate or Commissioner of Police may also if satisfied as provided in sub-section (1), exercise the powers conferred by the said sub-section: Provided that the period specified in the order made by the State Government under this sub-section shall not, in the first instance, exceed [six months] but the State Government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period from time to time by any period not exceeding [six months] at any one time. (3) When any order is made under this section by an officer mentioned in sub-section (2), 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. 4. Execution of detention orders. - A detention order may be executed at any place in the State in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973. 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 by order of the State Government.
[5A. Grounds of detention severable. - Where a person has been detained in pursuance of an order of detention under section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly-(a) such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are-
(i) vague,
(ii) non-existent,
(iii) not relevant,
(iv) not connected or not proximately connected with such person, or
(v) invalid for any other reason whatsoever,
and it is not, therefore, possible to hold that the State Government or an officer mentioned in sub-section (2) of section 3 making such order would have been satisfied as provided in section 3 with reference to the remaining ground or grounds and made the order of detention;(b) the State Government or such officer making the order of detention shall be deemed to have made the order of detention under the said section 3 after being satisfied as provided in that section with reference to the remaining ground or grounds.]
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 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 is outside the said limits.
7. Powers in relation to absconding persons. - (1) If the State Government, or an officer mentioned in sub-section (2) of section 3, 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, then the provisions of section 82 to 86 (both inclusive) of the Code of Criminal Procedure, 1973, shall apply in respect of such person and his property, subject to the modifications mentioned in this sub-section and, irrespective of the place where such person ordinarily resides, the detention order made against him shall be deemed to be a warrant issued by a competent Court. Where the detention order is made by the State Government, an officer, not below the rank of District Magistrate or Commissioner of Police authorised by the State Government in this behalf, or where the detention order is made by an officer mentioned in sub-section (2) of section 3, such officer, as the case may be, shall irrespective of his ordinary jurisdiction, be deemed to be empowered to exercise all the powers of the competent Court under sections 82, 83, 84, and 85 of the said Code for issuing a proclamation for such person and for attachment and sale of his property situated in any part of the State and for taking any other action under the said sections. An appeal from any order made by any such officer rejecting an application for restoration of an attached property shall lie to the Court of Session, having jurisdiction in the place where the said person ordinarily resides, as provided in section 86 of the said Code. (2) (a) Notwithstanding anything contained in sub-section (1), if the State Government or an officer mentioned in sub-section (2) of section 3 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, the State Government or the officer, as the case may be, may, 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.(b) If such person fails to comply with such order, unless he proves that it was not possible for him to comply therewith, and that he had, within the period specified in the order, informed the officer mentioned in the order of the reasons which rendered compliance therewith impossible and of his whereabouts, or proves that it was not possible for him to so inform the officer mentioned in the order, he shall on conviction, be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
(c) Notwithstanding anything contained in the said Code, every offence under clause (b) shall be cognizable.
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. 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 a Chairman and two other members, who are, or have been, judges of any High Court or who are qualified under the Constitution of India to be appointed as judges of a High Court. 10. Reference to Advisory Boards. - In every case where a detention 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 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 the case where the order has made by an officer, also the report by such officer under sub-section (3) of section 3. 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, the Advisory Board 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 seven weeks from the date of detention of the person concerned. (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) The proceedings of the Advisory Board and its report, excepting that part of the report in which the opinion of the Advisory Board is specified, shall be confidential. (5) Nothing in this section shall entitle any person against whom a detention order has been made to appear by any legal practitioner in any matter connected with the reference to the Advisory Board. 12. Action upon 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, not exceeding the maximum period prescribed by section 13, 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. 13. Maximum period of detention. - The maximum period for which any person may be detained, in pursuance of any detention order made under this Act which has been confirmed under section 12, shall be [twelve months] from the date of detention. 14. Revocation of detention orders. - (1) Without prejudice to the provisions of section 21 of the Bombay General Clauses Act, 1904, 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 mentioned in sub-section (2) 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, as the case may be, is satisfied that such an order should be made. 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 detenu 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, on conviction, be punished with imprisonment for a term which may extend to two years, or with fine, or with both. (5) If any person released under sub-section (1) fails to fulfil any of the conditions imposed upon him under the said sub-section or in the bond entered into by him, the bond shall by declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof. 16. Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall lie against the State Government or any officer or person, for anything in good faith done or intended to be done in pursuance of this Act. [17. Detention order against any slumlord, bootlegger, drug-offender or dangerous person to be made under this Act and not under National Security Act. - No order of detention under the National Security Act, 1980 shall be made by the State Government or any of its officer under that Act,-(a) on and after the commencement of this Act, in respect of any slumlord, bootlegger or drug-offender; [* * * *]
(b) on and after the commencement of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug-offenders (Amendment) Act, 1996, in respect of any dangerous person, [and]
on the ground of preventing him from acting in any manner prejudicial to the maintenance of public order, where an order of detention may be or can be made' against such person under this Act.] 18. Repeal of Maharashtra Ordinance III of 1981 and saving. - (1) The Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug-offenders Ordinance, 1981, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken (including any order made) under the said Ordinance shall be deemed to have been done, taken or made, as the case may be, under the corresponding provisions of this Act.Notifications
G. N. H. D. No. DDS. 1208/CR-14/SPL-3B, dated 1st February, 2008 (M. G., Part IV-B, page 95) - In exercise of the powers conferred by sub-section (2) of section 1 of the Maharashtra prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders and Dangerous Persons (Amendment) Act, 2007 (Maharashtra XXXII of 2007), the Government of Maharashtra hereby appoints the 1st day of February 2008, to be the date on which the said Act shall come into force. G. N. H. D. No. DDS. 1397/21/SPL-3B, dated 3rd January, 1998 (M. G., Part IV-B, page 181) - Whereas the Government of Maharashtra is satisfied that having regard to the circumstances prevailing and which are likely to prevail in the District Magistrate of District Buldhana, it is necessary that during the period commencing on the 3rd January 1998 and ending on the 2nd April 1998 the District Magistrate of the said district may also, if satisfied as provided exercise the powers in sub-section (1) of section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (Maharashtra LV of 1981), (hereinafter referred to as "the said Act"); Now therefore, in exercise of the powers conferred by sub-section (2) of section 3 of the said Act, the Government of Maharashtra hereby directs that for the period commencing on the 3rd January 1998 and ending on the 2nd April 1998 the District Magistrate of Buldhana, may also, if satisfied as provided in sub-section (1) of section 3 of the said Act, exercise the powers conferred on the State Government by sub-section (1) of section 3 of the said Act.
