TAMIL NADU PREVENTION OF DANGEROUS ACTIVITIES OF ...

1 TAMIL NADU PREVENTION OF DANGEROUS ACTIVITIES OF. BOOTLEGGERS, DRUG-OFFENDERS, FOREST-OFFENDERS, GOONDAS, IMMORAL TRAFFIC OFFENDERS, SAND. OFFENDERS, SEXUAL OFFENDERS, SLUM-GRABBERS, AND. VIDEO PIRATES, ACT, 1982 (TN ACT 14 OF 1982). As amended / modified as of Acts 19 & 20 of 2014. LAWYER STATUTES. By P. Vairava Sundaram Advocate ( ). A LAWYER YEARLY PUBLICATIONS. CHENNAI & MADURAI. LAWYER STATUTES. THE TAMIL NADU PREVENTION OF. DANGEROUS ACTIVITIES OF. BOOTLEGGERS, DRUG-OFFENDERS, FOREST-OFFENDERS, GOONDAS, IMMORAL TRAFFIC OFFENDERS, SAND- OFFENDERS, SLUM-GRABBERS, AND. VIDEO PIRATES ACT, 1982. (TN Act 14 of 1982). Contents *STATEMENT OF OBJECTS AND REASONS TN Act 14 of 1982.

2 3. *Statement Of Objects And Reasons TN Act 52 Of 1986 .. 4. *Statement Of Objects And Reasons TN Act 1 Of 1988 .. 4. *Statement Of Objects And Reasons TN Act 32 of 2004 .. 5. *Statement of Objects And Reasons TN Act 16 of 2008 .. 5. *STATEMENT OF OBJECTS AND REASONS TN Act 19 of 2014 .. 6. *Statement Of Objects And Reasons TN Act 20 Of 2014 .. 6. THE TAMIL NADU PREVENTION OF DANGEROUS ACTIVITIES OF d*[BOOTLEGGERS, CYBER-LAW OFFENDERS, DRUG-OFFENDERS,] a*[FOREST-OFFENDERS] GOONDAS, b*[IMMORAL TRAFFIC OFFENDERS, e*[c*[SAND-OFFENDERS, SEXUAL OFFENDERS, SLUM- GRABBERS]] AND VIDEO PIRATES] ACT, 1982 (TN Act 14 of 1982).. 7. 1. Short title, extent and commencement.

3 9. 2.. 9. 3. Power to make orders detaining certain .. 14. 4. Execution of detention .. 15. 5. Power to regulate place and conditions of .. 15. a*[5-A. Grounds of detention .. 15. 6. Detention orders not to be invalid or inoperative on certain 16. 7. Powers in relation to absconding .. 16. 8. Grounds of order of detention to be disclosed to persons affected by the 17. 9. Constitution of Advisory .. 17. 10. Reference to Advisory .. 17. 11. Procedure of Advisory 18. 12. Action upon report of Advisory Board. - .. 18. 13. Maximum period of .. 19. 14. Revocation of detention .. 19. 15. Temporary release of persons .. 19. 16. Protection of action taken in good .. 20.]

4 17. Detention orders against any d*[bootlegger, cyber-law offender, drug-offender,] a*[forest- offender,] goonda, b*[immoral traffic offender, or f*[c*[sand-offender, sexual-offender, slum- grabber] or video pirate] to be made under this Act and not under National Security .. 20. 2. LAWYER STATUTES. 18. Repeal and saving. - .. 21. *STATEMENT OF OBJECTS AND REASONS TN Act 14 of 1982. [*] Published in TN Govt Gaz Extra., , , dt. , Issue No. 50 at pgs. 33 34. 1. DANGEROUS ACTIVITIES of certain anti-social elements, who are known in the society as bootleggers, drug-offenders, goondas, immoral traffic offenders and slum-grabbers are causing, particularly in the urban areas of the State of TAMIL Nadu, a lot of harm, danger and alarm, and a feeling of insecurity, among the general public, and a grave and wide spread danger to life and public health and thereby, every now and then, adversely affect the public order.]

5 2. The bootleggers, directly or through their agents, illegally distil, manufacture, transport, sell or distribute liquor, intoxicating drugs and other intoxicants, which have injurious effect on the public health and pose a grave danger to the community. It has been noticed that boot-legging apart from causing tragic deaths of several persons at times due to drinking of poisonous liquor, has become another lucrative business and an important source of acquiring tremendous financial power enabling the anti-social elements to hold the community at ransom. Similarly, the persons who manufacture, import, export, sell or distribute any drugs, cultivate plant and do other things in contravention of the provisions of the Drugs and Cosmetics Act, 1910, the DANGEROUS Drugs Act, 1930, and other laws for the time being in force, have also a flourishing business at the cost of the health of the general public.

6 These drug-offenders are always a serious threat to public health and a grave danger to life and thereby adversely affect the public order. 3. Again, goondas either by themselves or a members or leaders of a gang commit acts of violence or deliberate damage to property or put others in fear of death. So also, the immoral traffic offenders by committing or abetting the commission of offences under the Suppression of Immoral Traffic in Women and Girls Act, 1956, such as keeping brothels or procuring or attempting to procure, etc., of women and girls for the sake of prostitution, endanger the public peace. These ACTIVITIES pose a grave danger to persons and property and disturb the public order.

7 4. Acute shortage of housing accommodation in major cities is from bootlegging by taking illegal possession of public or private being exploited by certain musclemen of some means often got lands, and of constructing or permitting construction thereon of unauthorized structure, or selling, leasing or giving on leave and licence such unauthorised structures after collecting heavy prices, rents, compensation and the like. In so collecting these charges from the occupiers, these musclemen resort to criminal intimidation. The entire community living in the slums is under the grip of perpetual fear of such slum- grabbers. Such ACTIVITIES of these persons adversely affect the public order.

8 5. In order to ensure that the maintenance of public order in this State is not adversely affected by the ACTIVITIES of these five classes of known anti- 3. LAWYER STATUTES. social elements without resorting to the National Security Act, 1980, it was considered necessary to enact a special legislation to provide as follows:- (a) To define with precision the terms bootleggers , drug offender , goonda , immoral traffic offender and slum-grabber ;. (b) To specify their ACTIVITIES which adversely affect public order; and (c) To provide for preventive detention of the persons indulging in these DANGEROUS ACTIVITIES . Accordingly, the TAMIL Nadu PREVENTION of DANGEROUS ACTIVITIES of Bootleggers, Drug-offenders, Goondas, Immoral Traffic Offenders and Slum- grabbers Ordinance, 1982 ( TAMIL Nadu Ordinance 1 of 1982) was promulgated.

9 6. The Bill seeks to replace the said Ordinance. [a] Published in TN Govt Gaz Extra., , Sec. 1., dt. , Issue No. 50 at pg nos. 33 & 34. *Statement Of Objects And Reasons TN Act 52 Of 1986. The National Security Act, 1980 (Central Act 65 of 1980) has been amended to the effect that the grounds of detention are severable and that even if one ground is held to be not valid, the order of detention will hold good if the other grounds are valid. Section 14 of the said Central Act 65 of 1980 has also been amended enabling the Government to revoke the detention order and to re-issue the order even where no fresh facts have arisen. These amendments are of immense help to overcome the practical difficulties in implementing the National Security Act, 1980.

10 Hence, it has been decided to make similar provision in the TAMIL Nadu PREVENTION of DANGEROUS ACTIVITIES of Bootleggers, Drug-offenders, Goondas, Immoral Traffic Offenders and Slum-grabbers Act, 1982 ( TAMIL Nadu Act 14 of 1982). [*] Published in TN Govt Gaz Extra, Pt. IV., Sec. 1., dt. , Issue No. 241., at pg no. 331. *Statement Of Objects And Reasons TN Act 1 Of 1988. 1. The illicit cutting of trees and indiscriminate killing of wild animals, particularly, elephants, in forests are on the increase in this State. Such illicit cutting of trees and the discriminate killing of wild animals pose a grave danger to the persons, property and to the ecological system of the region and disturb the public order.