The Kerala Anti-Social Activities (Prevention) Act 2007

English — official source version

act_34_of_2007_-eng.pdf.txt

[Translation in English of “2007-ലലെ കകേരള സസാമൂഹഹ്യവവിരുദ്ധ പ്രവർത്തനങ്ങൾ

(തടയൽ) ആകക" published under the authority of the Governor]

ACT 34 OF 2007

THE KERALA ANTI-SOCIAL ACTIVITIES (PREVENTION)  ACT, 2007*

An Act specifically to provide for the effective prevention and control of

certain kind of  anti-social activities is the State of Kerala.

Preamble.— WHEREAS, it is expedient specifically to provide for the

effective prevention and control of certain kind of anti-social activities in the

State of Kerala;

BE it  enacted  in  the  Fifty-eighth  Year  of  the  Republic  of  India  as

follows:—

1. Short title and commencement.—(1) This Act may be called the Kerala

Anti-Social Activities (Prevention)Act, 2007.

(2) It  shall  be deemed  to  have  come into  force  on  the 13th  day  of

December, 2006.

2. Definitions.—In this Act, unless the context otherwise requires,—

(a) ''anti-social activity'' means acting in such manner as to cause or

likely to  cause, directly or indirectly, any feeling of insecurity, danger or fear

among the general public or any section thereof, or any danger to the safety of

individuals, safety of public, public health or the ecological system or any loss

or damage to public exchequer or to any public or private property or indulges

in any activities referred in clauses (c), (e), (g), (h), (i), (l), (m),(n),(q),  1[(qb)]

and (s) of this section;

* Received the assent of the Governor on the 15th day of October,2007 and published in theKerala 
Extraordinary Gazette No.1868 dated 15th october,2007.

1 Inserted by Act 41 of 2014 ( w.e.f 31-12-2014).



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(aa) "advisory board" means an advisory board constituted under

section 8 by the Government;

(b)  "authorised officer'' means any officer authorised by the

Government under sub-section (2) of section 3;

(c)  ''bootlegger'' means a person who distils, manufactures, stores,

transports or  takes  away,  imports,  exports,  sells  or  distributes  any  liquor,

intoxicating  drug  or  other  intoxicating substances in contravention of the

Abkari Act, (1 of 1077) and the Rules and Orders issued thereunder or any of

the provisions contained in any other law for the time  being  in  force,  or

knowingly spent or utilises money or give support or give aid to do any of the

matters mentioned above, by any person or through any person by providing

any animal, vehicle, vessel other conveyances or any tank, any other articles

whatever it  may be, or the person who abets to do any such matter in any

manner;

(d) ''close relative'' means spouse, parent, children or sibling and first

degree  blood-relatives of such spouse, parent or sibling and includes the

children or spouses of such persons;

(e)  ''counterfeiter'' means any person who knowingly and wilfully

makes, stocks or distributes counterfeit coins or currency or valuable security

defined in section 30 of the Indian Penal Code (Central Act 45 of 1860) and

includes a person who knowingly abets any such activities;

(f) ''detention order'' means an order made under section 3;

(g) ''depredator of environment'' means a person who, by any direct act

by which he  derives  pecuniary or  commercial  benefit,  commits  an  offence

under any law relating to protection of environment or rivers or under any law

relating to sand mining from any place or under any law relating to quarrying



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or mining, or who commits or abets the commission of offences punishable

under any law relating to conservation of forests or wild life;

(h)  ''digital  data  and  copyright  pirate''  means any  person  who

knowingly and deliberately violates, for commercial purposes, any copyright

law in relation to any book, music, film, software, artistic or scientific work and

includes any person who illegally enters through the identity of the user and

illegally uses any computer or digital network for any illegal personal profit by

deceiving any person or any computer system;

(i)  ''drug-offender''  means  a  person  who  illegally  cultivates,

manufactures, stocks, transports, sells or distributes any drug in contravention

of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61

of 1985) or in contravention of any other law for the time being in force, or

who knowingly does anything abetting or facilitating any such activity;

(j) ''goonda'' means a person who indulges in any anti-social activity or

promotes or abets any illegal activity which are harmful for the maintenance of

the public order directly or indirectly and includes a bootlegger, a counterfeiter,

a  depredator of  environment,  a  digital  data  and  copyright pirate,  a  drug

offender,  a  hawala  racketeer,  a  hired  ruffian,  rowdy,  an  immoral  traffic

offender, a loan shark, 1[a money chain offender] or a property grabber;

(k) ''Government'' means the Government of Kerala;

2[(l) ''hawala racketeer'' means a person who, on his own motion or as a

member of any organized group which illegally buys, sells or deals with Indian

currency or foreign currency, engages in such illegal activity];

(m)  ''hired  ruffian'' means  any  person  who  receives  pecuniary

consideration in cash or kind for use of unlawful force either by himself or

through any person for causing  injury  to  any  person  or  for  criminally
1 Inserted by Act 41 of 2014 ( w.e.f 31-12-2014).
2 Substituted by Act 41 of 2014 ( w.e.f 31-12-2014).



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intimidating any person or for damaging any property belonging to any other

person or for illegally dispossessing any person from any  movable  or

immovable property in his possession;

(n) ''immoral traffic offender'' means a person who commits or abets the

commission of any offence under the Immoral Traffic (Prevention) Act, 1956

(Central Act 104 of 1956);

(o) '' known goonda '' means a goonda who had been, for acts done

within the  previous seven years as calculated from the date of the order

imposing any restriction or detention under this Act,—

(i) found guilty, by a competent court or authority at least once for an

offence within the meaning of the term 'goonda' as defined in clause (j) of

section 2; or

(ii)  found in any investigation or enquiry by a competent police

officer, authority or competent court on complaints initiated by persons other

than police officers,  in two separate instances not forming part of  the same

transaction, to have committed any act within the meaning of the term 'goonda'

as defined in clause (j) of section 2:

Provided that an offence in respect of which a report was filed by a

police  officer  before  a  lawful  authority  consequent  to  the  seizure,  in  the

presence of witnesses, of alcohol, spirit, counterfeit notes, sand, forest produce,

articles  violating  copyright,  narcotic drugs, psychotropic substances, or

currency involved in hawala racketeering may be included for consideration

though the report had resulted from an action initiated by a police officer.

Explanation:—An instance  of  an offence  involving a  person,  which

satisfies the conditions specified in the definition of known rowdy referred to in

clause (p) of section 2 can also be taken into consideration as an instance, along

with other cases, for deciding whether the person is a known goonda or not.



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(p) ''known rowdy'' means any person, who had been, by reason of acts

done within the previous seven years as calculated from the date of the order

imposing any restriction or detention under this Act,—

(i) made guilty, by a competent court at least once for an offence of

the nature under item (i) of clause (t) of section 2 or any offence notified as

such under the said clause; or

(ii) made guilty, by a competent court at least twice for any offence

of the nature mentioned under item (ii) of clause (t) of section 2 or any offence

notified as such under the said clause; or

(iii) found on investigation or enquiry by a competent police officer

or other authority, on complaints initiated by persons other than police officers,

in three separate instances not forming part of the same transaction to have

committed any offence mentioned in clause (t) of section 2:

Provided that any offence committed by a person,—

(i) by virtue of his involvement as a member of the family or a close

relative of the family , in an incident which took place by reason of a family

dispute or quarrel involving family members of close relatives on either side;

or

(ii) by virtue of his involvement as a neighbour or as a close relative

of  the  neighbour in an incident which occurred due to a dispute between

immediate neighbours; or

(iii) by virtue of his involvement as an employee of any establishment

in an incident which occurred in connection with a dispute between himself and

the establishment with regard to the conditions of service; or

(iv) as a member of the student community in a recognised

educational institution, by virtue of his involvement, merely by his presence but



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without any overt act constituting the offence mentioned in clause (t) of section

2 without being involved in any criminal conspiracy facilitating the same, in an

incident  which  occurred  due  to  the  general  involvement  of  students  of  the

institution in that particular incident; or

(v) as  a  member  of  a  recognised  political  party,  by  virtue  of  his

involvement merely by his presence, but without any overt act constituting the

offence  mentioned in  clause  (t)  of  section 2 without  being involved in  any

criminal conspiracy facilitating the same, in an incident which occurred due to

the general involvement of the workers of that party in an agitation or protest or

programme organised by the party with prior information given to the police

officer or magistrate having jurisdiction; or

(vi) by virtue of his involvement in a criminal act committed by him

before he had attained the age of eighteen years,

shall be omitted from the computation of the number of offences taken into

account for deciding whether a person is a known rowdy;

(q)  ''loan shark'' means 1[a  person  who  lends  money  for  exorbitant

interest in contravention of the provisions of the Kerala Money Lenders Act,

1958 ( 35 of 1958), the Kerala Prohibition of Charging Exorbitant Interest Act,

2012 (2 of 2013) or of any other law for the time being in force] a money lender

or any person engaged, by the money lender or someone acting on his behalf,

who uses or threatens to use physical violence, directly or otherwise or through

any person against any person for the purpose of collecting any part of the loan
2[so given for exorbitant rate] or interest thereon or any instalment or for taking

any movable or immovable property connected with the loan transaction or the

realization of whole or part of the loan amount or interest thereon;

1 Inserted by Act 41 of 2014 ( w.e.f 31-12-2014).
2 Inserted by Act 41 of 2014 ( w.e.f 31-12-2014).



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1[(qa)  “  material  object”  means  any  movable  or  immovable  property,

including any object, vessel, vehicle or animal, used by any person, directly or

otherwise, for committing or attempting to commit, abetting the commission of,

any anti-social activity;

(qb)  “money  chain  offender”means   a  person  who  conducts  money

circulation scheme or prize chits punishable under the Prize Chits and Money

Circulation Schemes ( Banning) Act,1978 ( Central Act 43 of 1978);]

(r) ''money lender'' means an individual money lender or any money

lending institution of any type;

(s) ''property grabber'' means a person who illegally takes possession,

either for himself or on behalf of others, of any movable or immovable property

belonging to Government or Government owned institutions or of any person

and  includes  a  person  who  creates  illegal  tenancies  or  lease  or  licence

agreements or  any other agreements,  express or  implied,  in respect  of  such

properties, or who knowingly gives  financial  aid  to  any person for taking

illegal possession of such properties or construction of unauthorised structures

thereon or who attempts to collect from any possessors of such properties, rent,

compensation or  other  charges  by  criminal  intimidation  or  who  evicts  or

attempts  to evict  any  such  possessor  by  force  without  resorting  the  lawful

procedure or who abets in any manner or doing of any of the above mentioned

acts;

(t) ''rowdy'' means and includes a person who either by himself or as a

member of a gang commits or attempts to commit, or abets the commission of

any offences under sections 153A and 153B of Chapter VIII and Chapters XV,

XVI, XVII & XXII of the Indian Penal Code, 1860 (Central Act 45 of 1860), or

any offences under the provisions of the Arms Act, 1959 (Central Act 54 of

1959), or the Explosives Substances Act, 1908 (Central Act 6 of 1908),—

1 Inserted by Act 41 of 2014 ( w.e.f 31-12-2014).



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(i) punishable with five or more years of imprisonment of any type,

or;

(ii) with less than five years of imprisonment of any type, except

those punishable with less than one year of imprisonment; or

(iii) such offences under any other law for the time being in force,

coming  under  item  (i)  or  (ii),  as  may be notified by the

Government, from time to time.

          (u) ''Secretary, Home Department'' means the Home Secretary to the

Government  of  Kerala  and  includes  any  Government  Secretary,  Principal

Secretary  or  Additional Chief Secretary appointed by the Government to

discharge the duties of the Home Secretary.

3. Power to  make  orders  for  detaining  Known  Goondas  and  Known

Rowdies.—(1) The Government or an officer authorised under sub-section (2),

may, if satisfied on information received from a Police Officer not below the

rank of a Superintendent of Police with regard to the activities of any Known

Goonda or Known Rowdy, that, with a  view to prevent such person from

committing any anti-social activity within the State of Kerala in any manner, 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, the Government, if satisfied that it is necessary so to do, may, by

order in writing, direct that during such period as may be specified in the said

order, the District Magistrate having jurisdiction may exercise the powers under

sub-section (1) in respect of such persons residing within his jurisdiction or in

respect of such persons not so resident who have been indulging in or about to

indulge in or abet any anti-social activities within such jurisdiction.

(3) When any order is made under this section by the authorised officer

under sub-section (2), he shall forthwith report the fact to the Government and



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the Director General of Police, Kerala, together with a copy of the order and

supporting records which, in his opinion, have a bearing on the matter and no

such  order  shall  remain  in  force for more than 12 days, excluding public

holidays, from the date of detention of such Known Goonda or Known Rowdy,

unless, in the meantime, it has been approved by the Government or by the

Secretary, Home Department if generally so authorised in this regard by the

Government.

4.  Execution of detention orders.—A detention order may be executed at

any place in the State of Kerala in the manner provided for the execution of

warrants of arrest under the Code of Criminal Procedure, 1973 (Central Act 2

of 1974).

5.  Places  of  detention.—Every person in  respect  of  whom a detention

order has been made shall be detained in Central Prisons or District Jails within

the State of Kerala and a copy of the detention order bearing the signature and

seal of the detaining authority shall be given to the Superintendent of the Jail

concerned while admitting such person into the Jail.

6. Powers in relation to absconding persons.—(1) If the Government or an

officer authorised under 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

such officer may,—

(a) make a report in writing of the fact to a Chief Judicial Magistrate

or a Judicial Magistrate of the first class having jurisdiction in the place where

the said person ordinarily resides;

(b) 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.



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(2)  On making a report against any person under clause (a) of sub-

section(1), the provisions of sections 82, 83, 84, 85, and 86 of the Code of

Criminal Procedure, 1973 (2 of 1974), shall apply in respect of such person and

his property as if the detention order made against him is a warrant issued by

the Magistrate.

(3) If any person fails to comply with an order issued under clause (b) of

sub-section (1),   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  reasons  which rendered

compliance therewith impossible and of his whereabouts, or failed to prove that

he could not  inform the officer  mentioned in  the order, be punishable  with

imprisonment for a term which may extend to two years, or with fine, or with

both.

7. Grounds of order of detention to be disclosed.—(1) When a person is

arrested in pursuance of a detention order, the officer arresting him shall read

out the detention order to him and give him a copy of such order.

(2) The grounds of detention, specifying the instances of offences, with

copies of relevant documents, as far as practicable, on the basis of which he is

considered as a "known goonda" or "known rowdy" and giving such materials

relating to his activities on the basis of which his detention has been found

necessary, shall be furnished to him as soon as possible, nevertheless, in any

case, within five days of detention and he shall also be informed in writing,

under acknowledgement, of his right to represent to the Government and before

the Advisory Board against his detention:

Provided that nothing in this section shall require any authority to disclose

to the detained person any fact, the disclosure of which will reveal the identity



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of any confidential source  or  the  disclosure  of  which  will  be  against  the

interests of internal security or national security.

(3) The Superintendent of the Jail where such person is detained shall

afford him reasonable opportunity to consult a lawyer and reasonable assistance

in making a representation against the detention order to the Government or to

the Advisory Board.

(4) The order of detention shall  not be deemed to be invalid merely

because one or more of the facts or circumstances cited among the grounds are

vague, non-existent, irrelevant or invalid for any reason whatsoever and such

order shall be deemed to have been made by the Government or the Authorised

officer after having been satisfied about the need for detention with reference to

the remaining facts and circumstances, provided that the minimum conditions

for being classified as a known goonda or known rowdy are satisfied.

8. Constitution of Advisory Board.—(1) The Government shall, constitute

one or such number of Advisory Boards as may be necessary for the purposes

of this Act, with such territorial or functional jurisdiction, as may be specified.

(2) Every such Board shall consist of a Chairman who is, or had been

Judge of a High Court and two other members who are qualified under the

Constitution of India to be appointed as a Judge of a High Court.

(3)  The salary, allowances, tenure and service conditions of the

Chairman and  members  of  the  Advisory  Board  may  be  such  as  may  be

prescribed.

9.  Reference to Advisory Board.—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, place before the Advisory Board, the grounds

on which the order has been made and the representation, if any, made by the



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person  affected,  and,  in  the  case  where  the  order  has  been  made  by  an

authorised officer, the report by such officer under sub- section (3) of section 3.

10. Procedure of Advisory Board and further action.—(1) The Advisory

Board  to  which  a  reference  is  made  under  the  above  section  shall  after

considering the reference and 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, it considers necessary so to do

or if the person concerned desires to be heard in person, after hearing him in

person, prepare its report specifying in a separate paragraph thereof its opinion

as to whether or not there is sufficient cause for the detention of the person

concerned and submit the same within nine weeks from the date of detention of

the person concerned.

(2) When there is 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. The absence of a member shall not invalidate

the decision of the Board.

(3) A person against whom an order of detention has been made under

this Act shall not be entitled 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, except that the part of the report in which the

opinion of the Advisory Board is specified, shall be confidential:

Provided that the Board has power to permit legal practitioners in the

cases deemed fit.

(4) In every 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



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for such period as it thinks fit and in every 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.

11. Detention orders not  invalid or inoperative on certain matters.— No

detention order shall be invalid or inoperative merely by reason:—

(a)  that the persons 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.

1[12. Maximum Period of detention.—In pursuance of the first detention

order made against any person under this Act and confirmed under section 10,

he may be detained for a period which may extend up to six months from the

date of the detention and in pursuance of such subsequent detention order made

against such person, he may be detained for a period which may extend up to a

maximum of one year.]

13.  Revocation of detention order.—(1) A detention order may, at any

time, be revoked or modified by the Government.

(2) The revocation or expiry of a detention order shall not be a bar for

the issuance of another detention order under section 3 against the same person,

if he continues to be a person falling within the definition of known rowdy or

known goonda as given in section 2 (o) or section 2 (p) and if,—

(i) after release, he is, found to have, again involved in an offence of

the nature described in section 2(o) or section 2 (p)  at least one instance; or

1 Substituted by Act 41 of 2014 ( w.e.f 31-12-2014).



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(ii)  the facts,  which came to the notice of  the Government or  the

authorised officer after the issuance of the earlier detention order, considered

along with previously  known facts are sufficient to cause a reasonable

apprehension that he is likely to indulge  in  or  promote  or  abet  anti-social

activities; or

(iii) the procedural errors or omissions, by reason of which the first

order was revoked, are rectified in the procedure followed with regard to the

subsequent order, even if the subsequent order is based on the very same facts

as the first order.

14. Temporary release of persons detained.—The Government may, at any

time, direct that any person detained in pursuance of a detention order may be

released for a period not exceeding one week either without any condition or

under such conditions as may be specified in the direction, and may at any

time, cancel such direction issued earlier.

15. Power to make orders restricting the movements of certain persons.—

(1) The District Magistrate or a police officer of and above the rank of Deputy

Inspector General having jurisdiction, if satisfied on information received in

respect of a known  goonda  or  known  rowdy,  after  having  given  him an

opportunity to be heard by notice served on him or pasted at  his ordinary

place of residence, if any in Kerala, that he is indulging in or about to indulge

in or likely to indulge in anti- social activities and with a view to prevent him

from so acting at any place within the jurisdiction of such Magistrate or officer,

may make an order,—

(a)  directing  that,  except  in  so  far  as  he  may  be  permitted  by  the

conditions made in the order, he shall not visit any such area or place as may be

specified in the order, for a period not exceeding one year;



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(b)  requiring him to report  his movements within the State,  in such

manner, at such times, and to such authority or person as may be specified in

the order, for a period not exceeding one year:

Provided that a copy of the order along with the grounds for issuing such

order shall be communicated to the Government through the Director General

of Police.

(2) Any person aggrieved by an order issued under sub-section (1) may

represent before the Advisory Board within fifteen days of the date of service

of the order and the Board on receipt of such representation, consider the same,

and after enquiring into the facts and circumstances in such manner as it may

deem fit, shall within thirty days of the date of receipt of such representation,

annul, amend or confirm the order, either in part or in full.

(3) The Government or the authority which issued the order under sub-

section (1) may, on its own motion, annul or amend the order at any time either

in part or in full.

(4) Any person violating an order under sub-section (1) shall be liable to

be punished with imprisonment for a term which may extend to three years.

(5) If an order issued under sub-section (1) above has ceased to have

effect for any reason, a new order under the said sub-section may be issued

against  the  same person,  if  he  continues  to  be  a  person  falling  within  the

definition of known rowdy or known goonda as given in section 2 (o) or section

2(p) and if, after such cessation, he has again involved, in an offence of the

nature described in section 2 (o) or section 2 (p) at least in one instance.

16. Punishment for concealing persons ordered to be  detained.—

Whoever knows or has reason to believe that an order against any person has

been made under section 3 or section 15, harbours or conceals such person,

shall be punished with imprisonment for a term which shall not be less than



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three months but may extend to one year, and shall also be liable to fine which

may extend to one thousand rupees.

1[16A. Prohibition of use of material object.—(1) No person shall use or

cause  to  be  used  or  permit  to  use  any  material  object  for  the  purpose  of

committing or attempting to commit, or assisting or abetting the commission

of, any anti-social activity.

(2)  Any material object used for committing or attempting to commit,

or  assisting  or  abetting  the  commission  of,  any  anti-social  activity  in

contravention of sub-section (1) shall, if there is any law to initiate prosecution

proceedings  relating  to  such  material  object,  be  subjected  to  necessary

proceedings,  including  seizure  and  confiscation  through  the  competent

authority concerned, under the provisions of such law and where there is no

such law in force, any such material object shall be subjected to seizure and

confiscation under the provisions of this Act.]

2[17. Power  to  search  and  seizure.—(1)  Notwithstanding  anything

contained  in  any  law  for  the  time  being  in  force,  the  Government  or  the

authorized officer may, by general or special order, empower any police officer

not below the rank of a Sub Inspector of Police, to search any place or person,

to stop and search any vessel, vehicle, cart or animal or any other conveyance

and where the authorized officer has reason to believe that the same was used

or attempted to be used in contravention of the provisions of sub-section (1) of

section 16A, to seize and take further proceedings in respect of any material

object, including such vessel, vehicle, cart, animal or other conveyance, subject

to the provisions of sub-section (2) of section 16A.

(2)  Where  a police officer empowered under sub-section (1) detects any

material object, including vessel, vehicle, cart, animal or other conveyance and,

1 Inserted by Act 41 of 2014 ( w.e.f 31-12-2014).
2 Substituted by Act 41 of 2014 ( w.e.f 31-12-2014).



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(a) if there is a law for initiating prosecution proceedings in respect of

such material object and any person or any conveyance mentioned above has been

detained,  the  matter  shall  immediately  be  informed  to  the  competent  officer

concerned or the authority for the purpose of seizing such material object and

initiating such further proceedings as per the provisions of the law concerned;

(b) if such material objects are seized under this Act, the matter shall

immediately be reported before the District Magistrate having jurisdiction.]

1[17A.Procedure  for  search  and  seizure.—(1)  Where  a  police  officer

authorized under sub-section (1) of section 17 conducts search of any place or

person, the provisions of section 100 of the Code of Criminal Procedure,1973

(Central Act 2 of 1974), shall , mutatis mutandis, apply to such search and in

dealing with any object seized by such an officer, the provisions of sub-section

(3) of  section 102, sections 457, 459 and 481 of  the said Code shall  apply

subject to the modifications that the references to “Magistrate” and “court” in

the said sections shall be construed as “ District Magistrate” and the references

to “Code” shall be construed as “Act” and  for the purposes of the said sections,

the rules made by the High Court of Kerala in exercise of the powers conferred

by the said Code, as amended from time to time, shall,  mutatis mutandis, as

far as possible, apply to the proceedings under this Act.

(2) Any person aggrieved by an order passed by the District Magistrate

in respect of any material object seized under this Act may, within sixty days

from the date of receipt of such order, prefer an appeal before the Secretary to

Government in charge of the Home Department.

(3) On receipt of an appeal under sub-section (2), the appellate authority

shall, after giving the appellant an opportunity of being heard, pass such order

confirming , modifying or annulling the order appealed against, as it deems fit.

1 Inserted by Act 41 of 2014 ( w.e.f 31-12-2014).



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17B. Procedure for confiscation.—(1) No order confiscating any material

object under this Act shall be passed without giving the person from whom it is

seized and the owner of such material object,—

(a)  a  notice in  writing informing him the grounds on which such

material object is proposed to be confiscated;    

(b) an opportunity to submit a representation in writing  against the

grounds of confiscation, within such reasonable time as may be specified in the

notice for the same;

(c) a reasonable opportunity of being heard in the matter; and

(d)  an opportunity to produce evidence:

Provided that if such person is not known or cannot be found, the District

Magistrate may initiate the steps under sub-section (2) of section 17C.

(2)  Where   the  owner  of  the  vessel,  vehicle,  cart,  animal  and other

conveyances proves to the satisfaction of the District Magistrate that it  was

used  for  committing  the  anti-social  activity  without  the  knowledge  or

connivance of himself or of his agent, if any, and the person in charge of such

vessel, vehicle, cart, animal or other conveyance had taken all reasonable and

necessary precaution against such use, no order for confiscation of any material

object shall be passed under this Act.

17C. Order  for  confiscation.—(1)  Where  the  District  Magistrate  is

satisfied on the matters coming under his jurisdiction that any material object

was  used  or  is  being  used  or  is  attempted  to  be  used  in  violation  of  the

provisions  of  section  16A,  he  may  pass  an  order  for  confiscation  of  such

material object, including the vessel, vehicle, cart, animal or other conveyance

used or being used or attempted to be used for carrying the same.



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(2) Where the person who has committed violation of section 16A and

the owner of the material object seized are not known or cannot be found or no

person  makes any claim for the release or return of the material object within

six months, the District Magistrate may, after issuing a proclamation specifying

the details of the material object to be confiscated and requiring any person

who may have a claim on it to appear before him within three months from the

date of proclamation and to establish his claim, if he is satisfied that they may

be confiscated, pass orders for confiscation of the same.

17D.  Material  objects  not  liable  to  confiscation  to  be  returned  to  the

owner.—Where the District Magistrate passes an order under this Act that any

material object seized and detained under sub-section (2) of section 16A is not

liable to be confiscated under this Act, he shall, after the expiry of thirty days

from the date of such order, release such material object to the person from

whom it was seized or to the owner thereof, subject to such condition as he

deems fit.

17E. Burden of proof.— Where any material object under section 16A is

detected, until the contrary is proved, the person  found in possession of such

material object shall be presumed to have acted in violation of the said section

and the burden to prove the contrary shall be on the person who is found in

possession of the material object or on the owner thereof.

17F. Confiscated material object to be vested in Government.—An order

passed under this Act for confiscation of any material object and conveyance

used for carrying it, if any, shall become final after the final decision of the

Government confirming the detention order relating to such material  object,

after the expiry of the period of filing appeal under sub-section (2) of section

17A and, if an appeal is filed, after the decision thereon and also after other

legal  proceedings,  if   any,  and  thereafter  the  material  object  and  other

conveyance  so  confiscated  shall  vest  in  the  Government  free  from  all



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encumbrances and the District  Magistrate  shall  pass an order entrusting the

possession of the same with any officer not below the rank of a Tahsildar, as he

deems fit.]

18. Protection of action taken in good faith.—(1) No suit, prosecution or

other legal  proceeding  shall  lie  against  any  officer,  authorised  or  not  for

anything done or intended to be done in good faith under this Act.

(2) No suit or other legal proceeding shall lie against the Government

for any damage caused or deemed to have been caused by any action taken or

intended to be taken in good faith in pursuance of any order made or deemed to

be made under this Act.

(3) No public servant shall be penalised in any manner for any act or

omission committed in good faith, in pursuance of official duty cast upon him

or in preparing any material or document for the purpose of initiating action

under this Act or for any omission or error in listing out or categorising any

offence in which the detained person had been involved or convicted.

(4)  If a public servant commits any act or omission deliberately or

maliciously  with  the  intention  of  falsely  implicating  any  person under  the

provisions of this Act, in addition to the normal prosecution, if it is so ordered

by the Government a sum not exceeding hundred rupees per day for each day

of detention shall be realized from such Government officer and be paid to the

person subjected to such detention.

19.  Offences  to  be  cognizable  and  Non-bailable.—Notwithstanding

anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of

1974), all offences and wilful violations of lawful orders made under this Act

shall be cognizable and non- bailable.



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20.  Manner of issue of orders of Government.—All orders issued by the

Government under this Act shall be under the seal and signature of the

Secretary, Home Department.

21.  Power  to  make  rules.—(1)  The Government may make  rules, not

inconsistent with this Act, for carrying out the purposes of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be after

it is made, before the Legislative Assembly while it is in session for a total

period of fourteen days which may be comprised in  one session or  in two

successive sessions, and if before the expiry of the session in which it is so laid

or  the  session  immediately  following,  the  Legislative  Assembly  makes  any

modification in the rule or decides that the rule should not be made, the rule

shall thereafter have effect only in such modified form or be of no effect, as the

case may be,  so however that  any such modification or  annulment  shall  be

without prejudice to the validity of anything previously done under that rule.

22. Repeal and Saving.—(1) The Kerala Anti-Social Activities

(Prevention) Ordinance, 2007 (44 of 2007), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken

under the said Ordinance shall be deemed to have been done or taken under this

Act.