Statement of objects & reasons

Statement of Objects and Reasons

KAAPA Advisory Board


  • Organised criminal activity has become a threat to both the economic and physical security of the State and Citizen. These activities thrive by pre-planned organisation, criminal networking and the profits generated from unlawful activities. These type of criminal activities create a feeling of insecurity in the society by intimidating for attacking law abiding citizens who oppose or give evidence against them. These organised criminals foil successful investigation and successful prosecution by exploiting the safeguards provided in general law to protect the average citizens against misuse of authority by official functionaries.
  • The existing laws are inadequate in preventing and controlling the organised criminal activity. Hence it became imperative to enact a legislation to prevent and control the organised anti-social activities in the State.
  • In these circumstances, the Government have decided to enact a legislation to provide adequate intervention to prevent the anti-social activities of various types which are prejudicial to the maintenance of public order in particular arid to the larger interests of the society and the State in general. Provisions are also incorporated to prevent and guard against the misuse of the provisions of the Act by the implementing authorities.
  • In order to provide for the prevention and control of anti-social activities in the State of Kerala as the Legislative Assembly was not in session and the proposal has to be given effect to immediately “the Kerala Anti-Social Activities (Prevention) Ordinance,2006” was promulgated by the Governor of Kerala on 13th day of December 2006 and the same was published as Ordinance No. 60 of 2006 in the Kerala Gazette Extraordinary No.1973 dated 13th December, 2006.
  • The Bill seeks to replace the said Ordinance by an Act of the State Legislature.

Advisory Board, PITNDPS Act


  • The illicit traffic of narcotic drugs and psychotropic substances poses as serious threat to the health and welfare of the people and these activities have a deleterious effect on the national economy. Having regard to the persons by whom and the manner in which such activities are organised and carried on and having regard to the fact that such activities are clandestinely organised and carried on in certain areas vulnerable to the illicit traffic, it became necessary for the effective prevention of the above activities it to provide for detention of person concerned. In these circumstances, the Government of India enacted the Act for PITNDPS in 1988.

Advisory Board, COFEPOSA Act


  • The COFEPOSA Act was enacted in 1974 to provide for detention of person concerned with these activities for the purpose of conservation and augmentation of foreign exchange and prevention of smuggling activities and for matters connected therewith. Violation of foreign exchange regulation and smuggling activities are having an increasingly deleterious effect on the national economy and thereby a serious adverse effect on the security of the country.

Advisory Board, NSA Act


  • The NSA Act was enacted in 1980 by Government of India to provide for preventive detention of person in cases concerned with national security.