Maharashtra Control of Organised Crime Act, 1999
No: 30 Dated: Apr, 24 1999
THE MAHARASHTRA CONTROL OF ORGANISED CRIME ACT, 1999
ACT No. XXX OF 1999
An Act to make special provisions for prevention and control of, and for coping with, criminal activity by organized crime syndicate or gang, and for matters connected therewith or incidental thereto.
WHEREAS it was expedient to make special provisions for prevention and control of, and for coping with, criminal activity by organized crime syndicate or gang, and for matters connected therewith or incidental thereto ;
AND WHEREAS both Houses of the State Legislature were not in session;
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to make a law, for the purposes aforesaid ; and therefore, promulgated the Maharashtra Control of Organised Crime Ordinance, 1999, on the 24th February 1999;
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature;
It is hereby enacted in the Fiftieth Year of the Republic of India as follows :—
1. Short title and commencement:- (1) This Act may be called the Maharashtra Control of Organised Crime Act, 1999.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall be deemed to have come into force on the 24th February 1999.
2. Definitions:- (1) In this Act, unless the context otherwise requires,—
(a) “abet”, with its grammatical variations and cognate expression, includes,—
(i) the communication or association with any person with the actual knowledge or having reason to believe that such person is engaged in assisting in any manner, an organised crime syndicate ;
(ii) the passing on or publication of, without any lawful authority, any information likely to assist the organised crime syndicate and the passing on or publication of or distribution of any document or matter obtained from the organised crime syndicate ; and
(iii) the rendering of any assistance, whether financial or otherwise, to the organised crime syndicate ;
(b) “Code” means the Code of Criminal Procedure, 1973;
(c) “Competent Authority” means the Competent Authority appointed under section 13 ;
(d) “continuing unlawful activity” means an activity prohibited by law for the time being in force, which is a cognizable offence punishable with imprisonment of three years or more, undertaken either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a comptent Court within the preceding period of ten years and that Court has taken cognizance of such offence ;
(e) “organised crime“ means any continuing unlawful activity by an individual, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any other person or promoting insurgency ;
(f) “organised crime syndicate” means a group of two or more persons who, acting either singly or collectively, as a syndicate or gang indulge in activities of organised crime ;
(g) “Special Court” means the Special Court constituted under section 5.
(2) Words and expressions used but not defined in this Act and defined in the Code shall have the meanings respectively assigned to them in the Code.