Updated: Thursday May 10, 2012/AlKhamis
Jamada El Thaniah 19, 1433/Bruhaspathivara
Vaisakha 20, 1934, at 07:45:57 PM
Whereas
it is necessary in the interest of the security of the State and public order
to make law providing for the measures hereinafter appearing.
Now,
therefore, it is enacted by the Jammu and Kashmir State Legislature in the
Twenty-ninth Year of the Republic of India as follows:-
(1)This
Act may be called the
(2)It
extends to the whole of
In
this Act, unless there is anything repugnant in the subject or context,---
(1)"the
Code"' means the Code of Criminal Procedure, Smvat 1989;
(2)"notified"
and "notification"' mean notified and notification respectively in
the Government Gazette.
(1)If
as respects any place the Government considers it necessary or expedient that
special precautions should be taken to prevent the entry of unauthorised
persons, the Government may, by notified order, declare that place to be a
prohibited place.
(2)No
person shall, without the permission of the Government or the authority
specified by the Government, enter, or be on or in, or pass over, or loiter in
the vicinity of, any prohibited place.
(3)Where
in pursuance of sub-section (2) any person is granted permission to enter, or
to be on or in, or to pass over, a prohibited place, that person shall, while
acting under such permission comply with such orders for regulating his conduct
as may he given by the Government or the authority specified by the Government.
(4)Any
Police Officer, or any other person authorised in this behalf by the
Government, may search any person entering or seeking to enter or being on or
in, or leaving a prohibited place, and any vehicle, aircraft or article brought
in by such person, and may, for the purpose of the search, detain such person,
vehicle, aircraft and article.
Provided
that no female shall be searched in pursuance of this sub- section except by a
female.
(5)If
any person is in a prohibited place in contravention of this section, then,
without prejudice to any other proceedings which may be taken against him, he
may be removed therefrom by any Police Officer not below the rank of a Sub
Inspector or by any other person authorised in this behalf by the Government.
(6)If
any person is in a prohibited place in contravention of any of the provisions
of this section he shall be punishable with imprisonment for a term which may
extend to one month, or with fine, or with both.
(1)If
the Government considers it necessary or expedient in the interests of the
defence or security of the State to regulate the entry of person into any area,
it may, by a notified order declare the area to be a protected area, and
thereupon, for so long as the order is in force, such area shall be protected
area for the purpose of this Act.
(2)The
Government or the authority specified by the Government may regulate the entry
of any person into a protected area.
(3)If
any person is in a protected area in contravention of the provisions of any
order passed under thin section then, without prejudice to any other
proceedings which may be taken against him, he may be removed therefrom by or
under the direction of any police officer not below the rank of a
Sub-Inspector.
(4)If
any person is in a protected area in contravention of any of provisions of this
section, he shall be punishable with imprisonment for a term which may extend
to two months, or with fine, or with both.
Any
person who effects or attempts to effect entry into a prohibited place or a
protected area after taking precautions to conceal his entry or attempted entry
from any person posted for the purpose of protecting or of preventing or
controlling access to such place or area shall be punishable with imprisonment
for term which may extend to three months, or with fine, or with both
(1)The
Government, or any authority authorised by it in this behalf, if satisfied that
such action is necessary for the purposes of preventing or combating any
activity prejudicial to the maintenance `of communal or sectarian, or regional
harmony effecting or likely to affect public order, may, by notified order,
regulate or restrict the circulation within the State, or prohibit or restrict
the importation into the State, of any document:
Provided
that no such order shall remain in force for more than three months from the
making thereof unless before the expiry of such period, and in case the High
Court does not otherwise direct, the Government, by an order made in the like
manner, extend it by any period not exceeding three months at a time as it
thinks fit, so however, that the total period of. the original order does not
exceed one year
Provided
further that a person aggrieved by such order may, within ten days of the
passing thereof, make a representation to the Government which may, on
consideration, confirm, modify or rescind the order within 21 days of the
making of the representations, after giving the aggrieved party an opportunity
of being heard
Provided
also that in case the representation is rejected by the Government, the
aggrieved person may within a period of two months from the date of the order
rejecting the representation, apply to the High Court to set aside the order.
Every such application shall be heard and determined by a Special Bench of the
High Court composed of three Judges.
(2)Any
person who contravenes an order made under this section shall be punishable
with imprisonment for a term which may extend to three months or with fine or
with both.
(3)In
the event of disobedience of an order made under sub-section (1), the
Government or the authority issuing the order, may without prejudice to the
penalty to which the person guilty of the disobedience is liable under
sub-section (2), order the seizure of all copies of, any such document.
For
the removal of doubts it is hereby declared that the restrictions imposed by
section 6 on the rights conferred by clause (1) of Article 19 of the
Constitution of India shall he deemed to be reasonable restrictions.
(1)The
Government may,---
(a)if
satisfied with respect to any person that with a view to preventing him from
acting in any manner prejudicial to
(i)the
security of the State or the maintenance of the public order, or
(ii)[deleted
by J & K Act XII of 1988]
(b)if
satisfied with respect to any person who is,---
(i)a
foreigner within the meaning of the Foreigners Act; 1946, or
(ii)a
person residing in the area of the State under the occupation of
that
with a view to regulating his continued presence in the state or with a view to
making arrangements for his expulsion from the State,
it
is necessary so to do, make an order directing that such person be detained.
(2)any
of the following officers, namely -
(i)Divisional
Commissioners,
(ii)District
Magistrates,
may,
if satisfied as provided in sub-clauses (i) and (ii) of clause (a) of
sub-section (1), exercise the powers conferred by the said sub-section.
(3)For
the purposes of sub-section (1),---
(a)[deleted
by J & K Act XII of 1988]
(b)"acting
in any manner prejudicial to the maintenance of public order" means
(i)promoting,
propagating, or attempting to create, feelings of enmity or hatred or
disharmony on grounds of religion, race, caste, community, or region;
(ii)making
preparations for using, or attempting its use, or using, or instigating,
inciting, or otherwise abetting the use of force where such preparation, using,
attempting, instigating, inciting. provoking or abetting, disturbs or is likely
to disturb public order;
(iii)attempting
to commit, or committing or instigating, inciting, provoking or otherwise
abetting the commission of mischief within the meaning of section 425 of the Ranbir Penal Code where the commission of such
mischief disturbs, or is likely to disturb public order;
(iv)attempting
to commit, or committing, or instigating, inciting, provoking or otherwise
abetting the commission of an offence punishable with death or imprisonment for
life or imprisonment for a term extending to seven years or more, where the
commission of such offence disturbs, or is likely to disturb public order.
(4)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 meantime it
has been approved by the Government.
A
detention order may be executed at any place in the manner provided for the
execution of warrants of arrest under the Code.
Any
person in respect of whom a detention order has been made under section 8 shall
be liable -
(a)to
be detained in such place and under such conditions including conditions as to
the maintenance of 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 in the
State by order of the Government.
No
detention order shall be invalid or inoperative merely on the ground -
(a)that
the person to be detained thereunder is outside the limits of the territorial
jurisdiction of the officer making the order; or
(b)that
the place of detention of such person is outside the said limits.
If
the Government, or an officer specified in sub-section (2) of section 8, as the
case may be, 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 order cannot
be executed, the Government or the officer may,---
(a)make
a report in writing of the fact to a Magistrate of the first class having
jurisdiction in the place where the said person ordinarily resides, and
thereupon the provisions of sections 87, 88 and 89 of the Code shall apply in
respect of the said person and his property as if the order directing that be
detained were a warrant issued by the Magistrate
(b)by
notified order direct the said person to appear before such officer, at such
place and within such period as may be specified in the order, and if the
person fails to comply with such direction, he shall, 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
reason which rendered compliance therewith impossible and of his whereabouts,
be punishable with imprisonment for a term which may extend to one year or with
fine or with both.
(1)When
a person is detained in pursuance of a detention order, the authority making
the order shall, as soon as may be but ordinarily not later than five days and
in exceptional circumstances and for reasons to be recorded in writing, not
later than ten 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.
(1)The
Government shall whenever necessary, constitute an Advisory Board for the
purposes of this Act.
(2)Such
Board shall consist of a Chairman, who is or has been a Judge of the High
Court, and two other members who are, or have been, or are qualified to be
appointed as Judges of the High Court.
(3)The
Chairman and the other members of the Board shall be appointed by the
Government in consultation with the Chief Justice of the High Court.
In
every case where a detention order has been made under this Act, the Government
shall, within four weeks from the date of detention order, place before the
Advisory Board constituted by it under section 14, the grounds on which the
order has been made, the representation, if any, made by the person affected by
the order and in case where the order as been made by an officer, also the
report by such officer under sub-section (4) of section 8.
(1)The
Advisory Board shall, after considering the material placed before it and,
after calling for such further information as it may deem necessary from the
Government or from the person concerned and if in any particular case it
considers it essential to do so or, if the person concerned desires to be
heard, after hearing him in person, submit its report to the Government within
eight weeks from the date of detention.
(2)Notwithstanding
anything contained in sub-section (1), the Board may, if the person detained so
demands, at any time before submitting its report, after affording an
opportunity to the person detained and the Government or the officer, as the
case may be, of being heard, determine whether the disclosure of facts, not
disclosed under sub-section (2) of section 13 to the person detained, is or is
not against public interest. Such finding of the Board shall be binding on the
Government.
(3)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.
(4)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.
(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 and 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.
(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 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 Government
shall revoke the detention order and cause the person to be released forthwith.
(1)The
maximum period for which any person may be detained in pursuance of any
detention order which has been confirmed under section 17, shall be -
(a)twelve
months from the date of detention in the case of persons acting in any manner
prejudicial to the maintenance of public order or indulging in smuggling of
timber; and
(b)two
years from the date of detention in the case of persons acting in any manner
prejudicial to the security of the State.
(2)Nothing
contained in this section shall affect the powers of the Government to revoke
or modify the detention order at any earlier time, or extend the period of
detention of a foreigner in case his expulsion from the State has not been made
possible.
(1)Without
prejudice to the provisions of section 21 of the General Clauses Act, Smvat 1977, a detention order may, at any time, be
revoked or modified by the Government, notwithstanding that the order has been
made by any officer mentioned in sub- section (2) of section 8.
(2)There
shall he no bar to making of a fresh order of detention against a person on the
same facts as an earlier order of detention made against such person in any
case where -
(i)the
earlier order of detention or its continuance is not legal on account of any
technical defect or
(ii)the
earlier order of detention has been revoked by reason of any apprehension, or
for avoiding any challenge that such order or its continuance is not legal on
account of any technical defect
Provided
that in computing the maximum period for which a person against whom such fresh
order of detention has been issued may be detained, the period during which
such person was under detention under the earlier order of detention shall be
excluded.
(1)The
Government may, at any time, order that a person detained in pursuance of
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) be shall be punishable with imprisonment for a
term which may extend to two years or with fine, or with both.
(5)If
any person released under subsection (1) fails to fulfill 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 the penalty thereof.
(6)The
period of release shall not count towards the total period of detention
undergone by the person released under this section.
(1)
(2)Notwithstanding
anything contained in the Second Schedule to the Code, offences under this Act
shall be cognizable and non-bailable.
No
suit, prosecution or any other legal proceeding shall lie against any person
for anything done or intended to be done in good faith in pursuance of the
provisions of this Act.
The
Government may, by notification, make such rules consistent with the provisions
of this Act, as may be necessary for carrying out the objects of this Act.
(1)The
(2)Notwithstanding such repeal, anything done or any action taken (including any rule or order made) under the said Ordinance shall, so far as consistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.
Go to Index | LL. B. – I | LL. B. – II | LL. B. – III | LL. B. Directory | Home