PASA 2 — Definitions

Prevention of Anti-Social Activities Act (Gujarat), 1985

Statutory text

In this Act, unless the context otherwise requires,—

(a) "authorised officer" means a District Magistrate or a Commissioner of Police authorised under sub-section (2) of section 3 to exercise the powers conferred under sub-section (1) of this 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 the Bombay Prohibition Act, 1949 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;

(bb) "common gaming house keeper" means a person who commits or attempts to commit or abets the commission of an offence punishable under section 4 of the Gujarat Prevention of Gambling Act, 1887;

(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 section 8 of the Bombay Animal Preservation Act, 1954;

(ba) "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;

(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 Chapter VIII or Chapter XVI(except section 354, 354A, 354B, 354C, 354D, 376, 376A, 376B, 376C, 376D, or 377) or Chapter XVII of the Indian Penal Code or any of the offences punishable under Chapter V of the Arms Act, 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 (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 licensed under Chapter IV-A, 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, ware-houses, 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,

(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 a person who habitually commits or abets the commission of any offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956;

(ga) "money lending offender" means a person, who commits or attempts to commit or abets the commission of offences under Chapter IX of the Gujarat Money Lenders Act, 2011 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 instalment 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 lands not belonging to himself but belonging to 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 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;

(ha) "sexual offender" means a person, who commits or attempts to commit or abets the commission of any offence punishable under section 354, 354A, 354B, 354C, 354D, 376, 376A, 376B, 376C, 376D or 377 of the Indian Penal Code or the Protection of Children from Sexual Offences Act, 2012;]

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