Rajasthan Prevention of Anti-Social Activities Act, 2006
No: 1 Dated: Mar, 05 2008
Rajasthan Prevention of Anti-Social Activities Act, 2006
An Act to provide for preventive detention of boot-leggers, dangerous persons, drug offenders, immoral traffic offenders and property grabbers for preventing their anti-social and dangerous activities prejudicial to the maintenance of public order.
1. Short title, extent and commencement.- (1) This Act may be called the Rajasthan Prevention of Anti-social Activities Act, 2006.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force at once.
2. Definitions.- In this Act, unless the context otherwise requires.-
(a) "authorized officer" means a District Magistrate authorized under subsection (2) of section 3 to exercise the powers conferred under sub-section (1) of that section;
(b) "boot-legger" means a person who habitually distills, manufactures, stores, transports, imports, exports, sells or distributes any liquor,intoxicating drug or other intoxicant in contravention of any provision of the Rajasthan Excise Act, 1950 (Act No. 2 of 1950) 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, vehicles, 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;
(c) "dangerous Person" means a person, who either by himself or as member or leader of a gang, habitually commits, or a attempts to commit or abets the commission of any of the offences punishable under Chapter XVI or Chapter XVII of the Indian Penal Code, 1860 (Central Act No. 45 of 1860) or any of the offences punishable under Chapter V of the Arms Act, 1959 (Central Act No. 54 of 1959) or any of the offences punishable under first proviso to sub-section (1), and sub-section (1A), of section 51 of the Wild life (Protection) Act, 1972 (Central Act No. 53 of 1972) or any offence punishable under section 67 of the Information Technology Act, 2000 (Central Act No. 21 of 2000);
(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 habitually.-
(i) Imports any drug in contravention of section 10 of the Drugs and Cosmetics Act, 1940 (Central Act No. 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 or for distribution, or sells, or stocks or exhibits or offers for sale, or distributes any Ayurvedic, Siddha or Unani drug in contravention of section 33-EEC of the Drugs Act;
(iv) 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 trans-sships any narcotic drug or psychotropic substances in contravention of section 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act No. 61 of 1985);
(v) Knowingly expends or applies any money in furtherance or support of the doing of any of the things mentioned in any of the sub-clauses (i) to (iv) by or through any other person, or
(vi) Abets in any manner the doing of any of the things mentioned in any of the sub-clauses (i) to (v);
(g) "habitual", with all its grammatical variations, includes acts or omissions committed repeatedly, persistently and frequently having a thread of continuity stringing together similar repetitive acts or omission but shall not include isolated, individual and dissimilar acts or omissions;
(h) "immoral traffic offender" means a person who habitually commits or abets the commission of any offence under the Immoral Traffic (Prevention) Act, 1956 (Central Act No. 104 of 1956);
(i) "property grabber" means a person who illegally takes possession of any land situated within the urban limits of any district Head Quarters not belonging to himself but belonging to Government, local authority or any other person or who illegally enters into or creates illegal tenancies or leave and licence agreements or any other agreements in respect of such land or who constructs any structure thereon for sale or hire or gives such land to any person on rental or leave and licence basis for construction of any structure thereon or use and occupation or who knowingly gives financial aid to any person for taking illegal possession of such land or for construction of any structure thereon or who collects or attempts to collect from any occupiers of such land 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 it he doing of any of the above mentioned things;
(j) "public order" shall have the same meaning as assigned to it under subsection (4) of section 3.