Maharashtra Prevention of Communal, Anti-social and other Dangerous Activities Act, 1980
No: 7 Dated: Jan, 23 1981
THE MAHARASHTRA PREVENTION OF COMMUNAL, ANTI-SOCIAL AND OTHER DANGEROUS ACTIVITIES ACT, 1980
ACT No. VII of 1981
An Act to provide for prevention of communal, anti-social and other dangerous activities in Maharashtra and for matters connected therwtih.
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 to provide for the prevention of communal, anti-social and other dangerous activities in the State of Maharashtra and for matters connected therewith ; and, therefore, promulgated the Maharashra Prevention of Communal, Anti-social and other Dangerous Activities Ordinance, 1980 on the 27th August, 1980 ;
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature, with modifications on account of certain corresponding provisions in the National Security Ordinance, 1980, promulgated by the President of India, which has come into force on the 23rd September, 1980 ;
It is hereby enacted in the Thirty-first Year of the Republic of India as follows :—
1. Short title, extent, commencement and application:- . (1) This Act may be called the Maharashtra Prevention of Communal, Anti-social and other Dangerous Activities Act, 1980.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall be deemed to have come into force on the 27th August 1980.
(4) Sections 2 to 16 of this Act shall, from the commencement of the National Security Ordinance, 1980, on the 23rd September 1980, apply, and shall be deemed to have applied, only to the orders of detention made or deemed to have been made under this Act before the 23rd September, 1980.
2. Definitions:- In this Act, unless the context otherwise requires,—
(a) "acting in any manner prejudicial to the maintenance of public order" means—
(i) propagating, promoting, or attempting to create, or otherwise functioning in such a manner as to create, feelings of enmity or hatred or disharmony on grounds of religion, race, caste, community or language of any persons or class of persons ;
(ii) making preparations for using, or attempting to use, or using, or instigating, inciting or otherwise abetting the use of any lethal weapons (including firearms and explosives, inflammable or corrosive substances), where such preparations, using, attempting, instigating, inciting or abetting, disturbs, or is likely to disturb, public order ;
(iii) attempting to commit, or committing, or instigating, inciting or otherwise abetting the commission of, mischief within the meaning of section 425 of the Indian Penal Code in respect of public property or means of public transportation, where the commission of such mischief disturbs, or is likely to disturb, public order ;
(iv) committing offences punishable with death or imprisonment for life or imprisonment for a term extending to seven years or more, where the commission of such offences disturbs, or is likely to disturb, public order.
Explanation.—In this clause,—
(A) "firearms" shall have the same meaning as in the Arms Act, 1959 ;
(B) "explosive substances" shall have the same meaning as in the Explosive Substances Act, 1908 ;
(C) "public property" means any property owned or controlled by the Government or by a Corporation owned or controlled by the Government or by a society financed wholly or substantially by the Government ;
(b) "dention order" means an order made under section 3 ;
(c) "detenu" means a person detained under a detention order.