State Act

The Gujarat Prevention of Anti-Social Activities Act, 1985

2. Definitions.- In this Act, unless the context otherwise requires, – (a) “Administrator” means the Administrator of the Union Territory of Dadra and Nagar Haveli 6[and Daman and Diu] appointed by the President under article 239 of the constitution; (aa) “authorised officer” means a District Magistrate authorised under sub-section (2) of section to exercise the powers conferred under sub-section (1) of that section; (b) "bootlegger" means a person who distills, manufactures, stores, transports, imports, exports, sells or distributes any liquor, intoxicating drug or other intoxicant in contravention of any provision of the7[Dadra and Nagar Haveli and Daman and Diu Excise Duty Regulation, 1964 (5 of 1964)] and the Rules and orders made thereunder, or 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 things described above by or through any other person, or who abets in any other manner the doing of any such thing; 8[(bb) “common gaming house keeper” means a person who, commits or attempts to commit or abets the commission of an offence punishable under the Prevention of Gambling Act, applicable in Union Territory of Dadra and Nagar Haveli and Daman and Diu; (bbb) “cruel person” means a person, who either by himself or as a member or leader of a gang, habitually commits or attempts to commit or abets the commission of an offence punishable under the Animal Preservation Act applicable in Union Territory of Dadra and Nagar Haveli and Daman and Diu;. (bbbb) “cyber offender” means a person who commits or attempts to commit or abets the commission of offence punishable under chapter XI of the Information Technology Act, 2000 (21 of 2000)]; (c) "dangerous person" means a person, who either by himself or as a member or leader of a gang, habitually commits, or attempts to commit or abets the commission of any of the offences punishable under 9[Chapter VIII or Chapter XVI(except sections 354,354A,354B,354C,354D,376,376-A,376-B,376-C,376-D or 377) or Chapter XVII or Chapter XXII of the Indian Penal Code 1860 (45 of 1860)]or any of the offences punishable under chapter V of the Arms Act, 1959 (54 of 1959); (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- (i) imports any drug in contravention of section 10 of the Drugs and Cosmetics Act, 1940(23 of 1940) (hereinafter in this definition referred to as "the Drugs Act"); (ii) Manufactures for sale, or sells, or stocks or exhibits for sale, or distributes any drug in contravention of section 18 of the Drugs Act; (iii) manufactures for sale any Ayurvedic (including Siddha) or Unani drug in contravention of section 33D of the Drugs Act; (iv) sells, or stocks or exhibits for sale or distributes any Ayurvedic (including Siddha) or Unani drug other than that manufactured by a manufacturer in contravention of section 33E of the Drugs Act; (v) cultivates any coca plant, opium poppy, or cannabis plant or produces, manufactures, possesses, sells, purchases, transports, warehouses, imports inter-State, exports inter-State, imports into India, exports from India or tranships any narcotic drug or psychotropic substance in contravention of section 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (61 of 1985); (vi) knowingly expends or supplies any money in furtherance or support of the doing of any of the things mentioned in any of the sub-clauses (i) to (v) by or through any other person, or (vii) abets in any manner the doing of any of the things mentioned in any of the sub-clauses (i) to (vi); (g) "immoral traffic offender "means persons who habitually commits or abets the commission of any offence under the Immoral Traffic (Prevention) Act, 1956 (104 of 1956); 10[(gg) “money lending offender” means a person, who commits or attempts to commit or abets the commission of offences under Chapter IX of the Money Lenders Act applicable in the Union Territory of Dadra and Nagar Haveli and Daman and Diu or 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 or interest thereon or any installment thereof 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]; (h) "property grabber" means a person who illegally takes possession of any land not belonging to himself but belonging to Central Government, local authority or any other person or enters into or creates illegal tenancies or leave and licence agreements or any other agreements in respect of such lands or who constructs unauthorised structures thereon for sale or hire or gives such lands to any person on rental or leave and licence basis for construction or use and occupation of unauthorised structures or who 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 occupiers of such lands rent, compensation or other charges by criminal intimidation or who evicts or attempts to evict any such occupiers by force without resorting to the lawful procedure or who abets in any manner the doing of any of the above mentioned things; 11[(hh)“sexual offender” means a person, who commits or attempts to commit or abets the commission of any offence punishable under sections 354, 354A, 354B, 354C, 354D,376,376A,376B,376C,376D or 377 of the Indian Penal Code (45 of 1860) or the Protection of Children from Sexual Offences Act,2012 (32 of 2012)] (i) 12["unauthorised structure" means any structure constructed in any area without express permission in writing of the officer or authority having jurisdiction in such area required under the Dadra and Nagar Haveli Land Revenue Administration Regulation, 1971 (2 of 1971),the Goa, Daman and Diu Land Revenue Code, 1968 (9 of 1969), the Dadra and Nagar Haveli Panchayat Regulation, 2012 (5 of 2012), the Daman and Diu Panchayat Regulation,2012 (4 of 2012), the Daman and Diu Municipalities (Amendment) Regulation, 1994 (6 of 1994), the Dadra and Nagar Haveli Municipal Council Regulation, 2004 (2 of 2004), the Goa, Daman and Diu Town and Country Planning Act, 1974(21 of 1975)as applicable in Daman and Diu and as extended to the Union Territory of Dadra and Nagar Haveli and Development Control Rules framed thereunder, Dadra and Nagar Haveli Land Reforms Regulation, 1971 (3 of 1971)or except in accordance with any other law for the time being in force in such area.]