Section 3 in The West Bengal (Prevention Of Violent Activities) Act, 1970
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.
