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State of Telangana - Act

Telangana Prevention of Dangerous Activities of Boot-leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986

TELENGANA
India

Telangana Prevention of Dangerous Activities of Boot-leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986

Act 1 of 1986

Published on 17 March 2015
Commenced on 17 March 2015
[This is the version of this document from 17 March 2015.]
[Note: The original publication document is not available and this content could not be verified.]

Telangana Prevention of Dangerous Activities of Boot-leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986(Act No. 1 of 1986)Last Updated 18th December, 2019The Andhra Pradesh Prevention of Dangerous Activities of Boot-Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986 received the assent of the President on 21.02.1986. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Notification issued in G.O.Ms.No.124, General Administration (Law & Order) Department, dated 17.03.2015.

1. Short title and extent.

(1)This Act may be called the [Telangana] [Substituted by G.O.Ms.No. 124, G.A (Law & Order) Department, dated 17.03.2015.] Prevention of Dangerous Activities of Boot-leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders [Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders] [Substituted by Act No. 13 of 2018 (w.e.f.17.06.2017). ] Act, 1986.

(2)It extends to the whole of the State of [Telangana] [Substituted by G.O.Ms.No.124, G.A (Law & Order) Department, dated 17.03.2015.].

2. Definition.

- In this Act, unless the context otherwise requires, -

(a)"acting in any manner prejudicial to the maintenance of public order" means when a boot-legger, a dacoit, a drug-offender, a goonda, an immoral traffic offender, [Land-Grabber, a Spurious Seed Offender, an Insecticide Offender, a Fertiliser Offender, a Food Adulteration Offender, a Fake Document Offender, a Scheduled Commodities Offender, a Forest Offender, a Gaming Offender, a Sexual Offender, an Explosive Substances Offender, an Arms Offender, a Cyber Crime Offender and a White Collar or Financial Offender] [Substituted by Act No.13 of 2018 (w.e.f.17.06.2017).] is engaged or is making preparations for engaging, in any of his activities as such, which affect adversely, or are likely to affect adversely, the maintenance of public order:

Explanation. - For the purpose of this clause 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 wide-spread danger to life or public health;

(b)"boot-legger" means a person, who distils, manufactures, stores, transports, imports, exports, sells or distributes any liquor, intoxicant drug or other intoxicant in contravention of any of the provisions of the [Telangana] [Adapted by G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015.] Excise Act, 1968 (Act 17 of 1968) and the rules, notifications and orders made thereunder, or in contravention 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 receptacle or any other material whatsoever in furtherance or support of the doing of any of the above mentioned things by himself or through any other person, or who abets in any other manner the doing of any such thing;

(c)"dacoit" means a person who either by himself or as a member of or leader of a gang commits or abets the commission of any of the offences punishable under sections 395 to 400 of the Indian Penal Code, 1860 (Central Act 45 of 1860).;

(d)"detention order" means an order made under section (3);

(e)"detenu" means a person detained under a detention order;

(f)"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 of the provisions of the Drugs and Cosmetics Act, 1940 (Central Act XXIII of 1940) or [the Narcotic Drugs and Psychotropic Substances, Act, 1985 (Central Act 61 of 1985)] [Substituted by Act No. 23 of 1986.] and the rules, notifications 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 above mentioned things by himself or through any other person or who abets in any other manner the doing of any such thing;

(g)"goonda" means a person, who either by himself or as a member of or leader of a gang, habitually commits, or attempts to commit or abets the commission of offences punishable under Chapter XVI or Chapter XVII or Chapter XXII of the Indian Penal Code (Central Act 45 of 1860);

(h)"Government" means the State Government of [Telangana] [Substituted by G.O.Ms.No.124, G.A (Law & Order) Department, dated 17.03.2015.];

(i)"immoral traffic offender" means a person who commits or abets the commission of any offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Central Act 104 of 1956);

(j)"land-grabber" means a person, who illegally takes possession of any land (whether belonging to Government, local authority or any other person) or enters into or creates illegal tenancies or lease and licence, agreements or any other agreement in respect of such lands; or who constructs unauthorised structures thereon for sale or hire, or give such lands to any person on rental or lease and licence basis or for construction or use and occupation of un-authorised structures or he knowingly gives financial aid to any person for taking illegal possession of such lands, or for construction of unauthorised structures thereon or who collects or attempts to collect from any occupier of such lands, rent, compensation, or other charges by criminal intimidation or who evicts or attempts to evict any such occupier by force without resorting to the lawful procedure; or who abets in any manner the doing of any of the above mentioned things;

(k)"unauthorised structure" means any structure constructed without express permission in writing of the appropriate authority under and in accordance with any law for the time being in force in the area concerned.

(l)[ "Spurious Seed Offender" means any person who manufactures, stocks, sells or distributes any adulterated seeds or adulterate the original seeds by mixing low quality seeds or change the packing with the name of well known brands or does anything in contravention of any of the provisions of the Seeds Act, 1966 (Central Act 54 of 1966) and the rules, notifications and orders made thereunder or punishable under section 420 of the Indian Penal Code, 1860 (Central Act 45 of 1860) who knowingly by himself or through any other person abets in any other manner the doing of any such things/offences; [Substituted by Act No. 13 of 2018 (w.e.f. 17.06.2017).]

(m)"Insecticide Offender" means any person who manufactures, stocks, sells or distributes the misbranded insecticides or does anything in contravention of any of the provisions of the Insecticide Act, 1968 (Central Act 46 of 1968) or punishable under section 420 of the Indian Penal Code, 1860 or who abets in doing such things/offences;

(n)"Fertiliser Offender" means any person who manufactures, stocks, sells or distributes the spurious fertiliser/fake fertiliser, whether it may be chemical fertilizer or bio-fertiliser, or does anything in contravention any of the provisions of the Fertiliser (Control) Order, 1985 or the Essential Commodities Act, 1955 (Central Act 10 of 1955) or the offences punishable under section 420 of the Indian Penal Code, 1860 or who abets in doing such things/offences;

(o)"Food Adulteration Offender" means any person who prepares or sells or stocks the adulterated food articles, low nutritional standard food articles or does anything in contravention of any of the provisions under the Prevention of Food Adulteration Act, 1954 (Central Act 37 of 1954) or Food Safety and Standard Act, 2006 (Central Act 34 of 2006) or under sections 272 & 273 of the Indian Penal Code, 1860 or who abets in doing such things/offences;

(p)"Fake Document Offender" means a person who makes any false document or part of a document with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or commits the offences punishable under Chapter-XVIII of the Indian Penal Code, 1860 or who abets in doing such things/offences;

(q)"Scheduled Commodities Offender" means a person who does anything in contravention of any provisions of Telangana Scheduled Commodities Dealers (Licensing, Storage & Regulation) Order, 2016 or the commission of offences punishable under the Essential Commodities Act, 1955 (Central Act 10 of 1955) or sections 406, 407, 408, 409, 417, 418, 419 or 420 of the Indian Penal Code, 1860 or who abets in doing such things/offences;

(r)"Forest-Offender" means a person, who commits or abets the commission of offences punishable under the Telangana Forest Act, 1967 (Act 1 of 1967) or sections 51 and 52 of the Wild Life Protection Act, 1972 or under sections 379 to 402 of the Indian Penal Code, 1860;

(s)"Gaming Offender" means a person who commits or abets the commission of offences punishable under the Telangana Gaming Act, 1974 (Act 27 of 1974);

(t)"Explosive Substance Offender" means a person who commits or abets the commission of offences punishable under the Explosive Substances Act, 1908 (Central Act 6 of 1908);

(u)"Arms Offender" means a person who commits or abets the commission of offences punishable under the Arms Act, 1959 (Central Act 54 of 1959);

(v)"Sexual Offender" means a person who commits or abets the commission of offences in contravention of any of the provisions under the Protection of Child from Sexual Offences Act, 2012 (Central Act 32 of 2012) or the offences punishable under sections 354, 354-A, 354-B, 354-C, 354-D, 376, 376-A, 376-B, 376-D, 377 or 509 of the Indian Penal Code, 1860;

(w)"Cyber Crime Offender" means a person who commits or abets the commission of offences punishable under the Information Technology Act, 2000 (Central Act 21 of 2000);

(x)"White collar offender" or "Financial Offender" means a person who commits or abets the commission of offences punishable under the Telangana Protection of Depositors of Financial Establishment Act, 1999 (Act 17 of 1999) or under sections 406 to 409 or 417 to 420 or under Chapter XVIII of the Indian Penal Code, 1860.]

3. Power to make orders detaining certain persons.

(1)The Government may, if satisfied with respect to any boot-legger, dacoit, drug-offender, goonda, immoral traffic offender [Land-Grabber, Spurious Seed Offender, Insecticide Offender, Fertilizer Offender, Food Adulteration Offender, Fake Document Offender, Scheduled Commodities Offender, Forest Offender, Gaming Offender, Sexual Offender, Explosive Substances Offender, Arms Offender, Cyber Crime Offender and White Collar or Financial Offender] [Substituted by Act No. 13 of 2018 (w.e.f. 17.06.2017).] 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 Government are satisfied that it is necessary so to do, they 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 Government under this sub-section shall not in the first instance, exceed three months, but the 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 three 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 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 mean time, it has been approved by the 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 (Central Act 2 of 1974).

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 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 Government.

6. Detention orders not to be invalid or in-operative 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. Power in relation to absconding persons.

(1)If the Government have, 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 sections 82 to 86 (both inclusive) of the Code of Criminal Procedure, 1973, (Central Act 2 of 1974) 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 Government, an Officer, not below the rank of District Magistrate or Commissioner of Police authorised by the 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 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 Government have 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 Government or the Officer, as the case may be, may by order notified in the [Telangana] [Substituted by G.O.Ms.No.124, G.A (Law & Order) Department, dated 17.03.2015.] 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 where abouts, 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 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 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 or are qualified 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 Government shall within three weeks from the date of detention of a person under the order, place before the Advisory Board constituted by them 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 been 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 Government or from any person called for the purpose through the 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 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 Government may confirm the detention order and continue the detention of the person concerned for such period, not exceeding the maximum period specified in section 13 as they think 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 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 order.

(1)Without prejudice to the provisions of section 15 of [the Telangana General Clauses Act, 1891 (Act 1 of 1891)] [Adapted by G.O.Ms. No. 45, Law (F) Department, dated 01.06.2016.] a detention order may, at any time, be revoked or modified by the 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 Government or an Officer, as the case may be, are or is satisfied that such an order should be made.

15. Temporary release of persons detained.

(1)The 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 person under sub-section (1), the 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 be 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 Government or any officer or person, for anything in good faith done or intended to be done in pursuance of this Act.

17. Detention orders against any bootlegger, dacoit, drug-offender, goonda, immoral traffic offender [Land-Grabber, Spurious Seed Offender, Insecticide Offender, Fertilizer Offender, Food Adulteration Offender, Fake Document Offender, Scheduled Commodities Offender, Forest Offender, Gaming Offender, Sexual Offender, Explosive Substances Offender, Arms Offender, Cyber Crime Offender and White Collar or Financial Offender] [Substituted including marginal heading by Act No.13 of 2018 (w.e.f.17.06.2017).] to be made under this Act and not under National Security Act.

- On and after the commencement of this Act no order of detention under the National Security Act, 1980 (Central Act 65 of 1980) shall be made by the Government or any of their officers under that Act in respect of any, boot-legger, dacoit, drug-offender, goonda, immoral traffic offender [Land-Grabber, Spurious Seed Offender, Insecticide Offender, Fertilizer Offender, Food Adulteration Offender, Fake Document Offender, Scheduled Commodities Offender, Forest Offender, Gaming Offender, Sexual Offender, Explosive Substances Offender, Arms Offender, Cyber Crime Offender and White Collar or Financial Offender] [Substituted including marginal heading by Act No.13 of 2018 (w.e.f.17.06.2017).] in the State of [Telangana] [Substituted by G.O.Ms.No.124, G.A (Law & Order) Department, dated 17.03.2015.] 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.