LexThe Gujarat Prevention of Anti-social Activities Act, 1985
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS
DEPARTMENT
Gujarat Act No. 16 of 1985
The Gujarat Prevention of
Anti-social Activities Act,
1985
(As modified upto the 31st October, 2021)
Printed in India by the Manager, Government Central Press, Gandhinagar.
Published by the Director, Government Printing And
Stationery, Gujarat State.
2021
[ Price : Rs. 15 ]
GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS
DEPARTMENT
Gujarat Act No. 16 of 1985
The Gujarat Prevention of
Anti-social Activities Act,
1985
(As modified upto the 31st October, 2021)
Printed in India by the Manager, Government Central Press, Gandhinagar.
Published by the Director, Government Printing And
Stationery, Gujarat State.
2021
[ Price : Rs. 15 ]
G.C.P.G.(H-203)-09-21-SIS-10
©
Government Central Press, Gandhinagar.
THE GUJARAT PREVENTION OF ANTI-SOCIAL
ACTIVITIES ACT, 1985
CONTENTS
PREAMBLE
SECTIONS
PAGE NO.
1. Short title, extent and commencement. 1
2. Definitions. 1
3. Power to make orders detaining certain persons. 3
4. Execution of detention orders. 3
5. Power to regulate place and conditions of detention. 3
6. Grounds of detention severable. 4
7. Detention orders not to be invalid or inoperative on certain grounds 4
8. Powers in relation to absconding persons. 4
9. Grounds of order of detention to be disclosed to detenu. 5
10. Constitution of Advisory Boards. 5
11. Reference to Advisory Board. 5
12. Procedure of Advisory Board. 5
13. Action upon report of Advisory Board. 6
14. Maximum period of detention. 6
15. Revocation of detention orders. 6
16. Temporary release of persons detained. 6
17. Protection of action taken in good faith. 6
18. Matters within the purview of this Act to be dealt with under this Act only. 6
19. Repeal and saving. 7
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2 Gujarat Prevention of Anti-social Activities Act, 1985 [ 1985 : Guj. 16
1985 : Guj. 16 ] Gujarat Prevention of Anti-social Activities Act, 1985 1
GUJARAT ACT NO. 16 OF 1985.1*
[THE GUJARAT PREVENTION OF ANTI-SOCIAL ACTIVITIES ACT, 1985.]
[2nd August, 1985.]
Amended by Guj. 26 of 1986.
Amended by Guj. 14 of 2000.
Amended by Guj. 12 of 2020.
An Act to provide for preventive detention of boot-leggers, dangerous persons,
drug offenders, 2[immoral traffic offenders property grabbers, cyber offenders,
money lending offenders and sexual offenders] for preventing their anti-social and
dangerous activities prejudicial to the maintenance of public order.
It is hereby enacted in the Thirty-sixth Year of the Repulic of India as follows:-
1. (1) This Act may be called the Gujarat Prevention of Anti -social Activities Act,
1985.
Short title,
extent and
commencement.
(2) It extends to the whole of the State of Gujarat.
(3) It shall be deemed to have come into force on the 27th May, 1985.
2. In this Act, unless the context otherwise requires,- Definitions.
(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 that section;
Bom. XXV
of 1949.
(b) "bootlegg er" 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;
Bom. IV of
1887.
3[4[(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;]
Bom.LXXII
of 1954.
(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;]
21 of 2000.
5[(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 Tec hnology
Act, 2000;]
XLV of
1860.
54 of 1959.
(c) "dangerous person" means a person, who either by himself or as a member or
leader of a gang, 6[*****] habitually commits, or attempts to commit or abets the
commission of any of the offences punishable under 7[Chapter VIII or Chapter
XVI(except section 354, 354A, 354B, 354C, 354D, 376, 376A, 376B, 376C, 376D, or
377) or Chapter XVII or Chapter XXII of the Indian Penal Code] or any of the offences
punishable under Chapter V of the Arms Act, 1959;
* This Act was assented to by the President on the 1st August, 1985.
1. For Statement of Objects and Reasons, see Gujarat Government Gazette, Extraordinary, Part V, Dated
the 26th June, 1985, Page No. 20-8 to 20-9.
2. In the long title, these words were substituted by Guj.12 of 2020, s.2.
3. These clauses were inserted by Guj. 14 of 2000, s.2.
4. Clause (bb) was substituted by Guj. 12 of 2020, s.3(i).
5. Clause (ba) was inserted, ibid., s.3(ii).
6. The words "during a period of three successive years" were deleted by Guj. 26 of 1986, s.2(1).
7. These words were substituted for the words "Chapter XVI or Chapter XVII of the Indian Penal Code" by
Guj. 12 of 2020, s.3(iii).
2 Gujarat Prevention of Anti-social Activities Act, 1985 [ 1985 : Guj. 16
(d) "detention order" means an order made under section 3;
(e) "detenu" means a person detained under a detention order;
1[(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"),
XXIII of
1940.
(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, 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 a person who habitually commits or abets the
commission of any offence under the Suppression of Immoral Traffic in Women and
Girls Act, 1956; 104 of 1956.
2[(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 mone y 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 realizatio n of whole or part of the
loan amount or interest thereon;]
Guj. 14 of
2011.
(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 agreement s 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 col lect
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;
3[(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;]
45 of 1860.
32 of 2012.
1. This clause was substituted by Guj. 26 of 1986, s. 2(2).
2. Clause (ga) was inserted by Guj. 12 of 2020, s. 3(iv).
3. Clause (ha) was inserted, ibid., s.3(v).
1985 : Guj. 16 ] Gujarat Prevention of Anti-social Activities Act, 1985 3
Bom.V of 1879.
Presi. Act 27 of
1976.
Bom. LIX of 1949.
Guj.34 of 1964.
Guj.VI of 1962.
(i) "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 Bombay Land Revenue Code, 1879 and the Gujarat Town Planning
and Urban Development Act, 1976 and the Bombay Provincial Municipal Corporations
Act, 1949, the Gujarat Municipalities Act, 1963 or, as the case may be, the Gujarat
Panchayats Act, 1961 or except in accordance with any other law for the time being in
force in such area.
3. (1) The State Government may if satisfied with respect to any person that with a
view to preventing him from acting in any manner prejudicial to the maintenance of
public order, it is necessary so to do, make an order directing that such person be detained.
Power to
make orders
detaining
certain
persons.
(2) If, having regard to the circumstances prevailing or likely to prevail in any area
within the local limits of the jurisdiction of a District Magistrate or a Commissioner of
Police, the State Government is satisfied that it is necessary so to do, it may, by order in
writing, direct that the District Magistrate or the Commissioner of Police, may also, if
satisfied as provided in sub -section (1), exercise the powers conferred by the said sub-
section.
(3) When any order is made under this section by an authorised officer he shall
forthwith report the fact to the State Government, together with the grounds on which the
order has been made and such other particulars as, in his opinion, have a bearing on the
matter, and no such order shall remain in force for more than twelve days after the making
thereof, unless, in the meantime, it has been approved by the State Government.
(4) For the purpose of this section, a person shall be deemed to be "acting in any
manner prejudicial to the maintenance of public order" when such person is engaged in
or is making preparation for engaging in any activities whether 1[as a bootlegger or
common gaming house keeper or cruel person] or dangerous person or drug offender or
immoral traffic offender or property grabber, 2[cyber offender or money lending offender
or sexual offender, ] which affect adversely or are likely to affect a dversely the
maintenance of public order.
Explanation.- For the purpose of this sub -section, public order shall be deemed
to have been affected adversely or shall be deemed likely to be affected adversely inter
alia if any of the activities of any person referred to in this sub -section directly or
indirectly, is causing or is likely to cause any harm, danger or alarm or feeling of
insecurity among the genera l public or any section thereof or a grave or widespread
danger to life, property or public health.
2 of 1974.
4. A detention order may be executed at any place in the State in the manner provided
for the execution of warrant of arrest under the Code of Criminal Procedure, 1973.
Execution of
detention
orders.
5. Every person in respect of whom a detention order has been made shall be
liable---
Power to
regulate place
and conditions
of detention.
(a) to be detained in such place and under such conditions, including conditions as
to maintenance, discipline and punishment for breaches of discipline, as the Government
may, by general or special order, specify; and
(b) to be removed from one place of detention to another place of detention, within
the State by order of the State Government.
1. These words were substituted for the words "as a bootlegger" by Guj. 14 of 2000, s.3.
2. These words were inserted by Guj. 12 of 2020, s. 4.
4 Gujarat Prevention of Anti-social Activities Act, 1985 [ 1985 : Guj. 16
Grounds of
detention
severable.
6. Where a person has been detained in pursuance of an order of detention under
section 3 which has been made on two or more grounds, such order of detention shall be
deemed to have been made separately on each ground and accordingly---
(a) such order shall not be deemed to be invalid or inoperative merely because one
or some of the grounds is or are---
(i) vague,
(ii) non-existent,
(iii) not-relevant,
(iv) not connected or not proximately connected with such person, or
(v) invalid for any other reason whatsoever,
and it is not, therefore, possible to hold that the Government of the office r making such
order would have been satisfied as provided in section 3 with reference to the remaining
ground or grounds and made the order of detention;
(b) the Government or the officer making the order of detention shall be deemed to
have made the order of detention under the said section after being satisfied as provided
in that section with reference to the remaining ground or grounds.
Detention
orders not
to be
invalid or
inoperative
on certain
grounds.
7. No detention order shall be invalid or inoperative merely by reason--
(a) that the person to be detained thereunder, though, within the State, is outside the
territorial jurisdiction of the authorised officer making the order, or
(b) that the place of detention of such person though, within the State, is outside the
said limits.
Powers in
relation to
absconding
persons.
8. (1) If the State Government or any authorised officer has reason to believe that a
person in respect of whom a detention order has been made has absconded, or is
concealing himself so that the order cannot be executed, th en the provisions of sections
82 to 86 (both inclusive) of the Code of Criminal Procedure, 1973, shall apply in respect
of such person and his property, subject to the modifications mentioned in this sub -
section and, irrespective of the place where such person ordinarily resides, the det ention
order made against him shall be deemed to be a warrant issued by a competent Court.
Where the detention order is made by the State Government, an officer, not below the
rank of a District Magistrate or a Commissioner of Police authorised by the Stat e
Government in this behalf, or where the detention order is made by an authorised officer,
the authorised officer, as the case may be, shall, irrespective of his ordinary jurisdiction,
be deemed to be empowered to exercise all the powers of the competent Court under
sections 82, 83, 84 and 85 of the said Code for issuing a proclamation for such person
and for attachment and sale of his property situated in any part of the State and for taking
any other action under the said sections. An appeal from any ord er made by any such
officer rejecting an application for restoration of attached property shall lie to the Court
of Sessions having jurisdiction in the place where the said person ordinarily resides, as
provided in section 86 of the said Code.
2 of 1974.
(2) (a) Notwithstanding anything contained in sub-section ( 1), if the State
Government or an authorised officer has reason to believe that person in respect of whom
a detention order has been made has absconded or is concealing himself so that the order
cannot be executed, the State Government or the officer, as the case may be, may by
order notified in the Official Gazette, direct the said person to appear before such officer,
at such place and within such period as may be specified in the order.
1985 : Guj. 16 ] Gujarat Prevention of Anti-social Activities Act, 1985 5
(b) Where such person fails to comply with such order, then unless he proves that it
was not possible for him to comply therewith, and that he had, within the period specified
in the order, informed the officer mentioned in the order of the reasons which rendered
compliance therewith impossible and of his whereabouts, or proves that it was not
possible for him to so inform the officer mentioned in the order, he shall, on conviction,
be punished with imprisonment for a term which may extend to one year, or with fine, or
with both.
(c) Notwithstanding anything contained in the said Cod e, every offence under
clause (b) shall be cognizable.
9. (1) When a person i s detained in pursuance of a detention order the authority
making the order shall, as soon as may be, but not latter than seven days from the date of
detention, communicate to him the grounds on, which the order has been made and shall
afford him the earliest opportunity of making a representation against the order to the
State Government.
Grounds of
order of
detention to
be disclosed
to detenu.
(2) Nothing in sub-section (1) shall require the authority to disclose facts which it
considers to be against the public interest to disclose.
10. (1) The State Government shall, whenever necessary, constitute one or more
Advisory Boards for the purposes of this Act.
Constitution
of Advisory
Boards.
1[(2) Every such Board shall consist of a Chairman and two other members who are,
or have been, Judges of any High Court or who are qualified under the Constitution of
India to be appointed as Judges of a High Court:
Provide that the Chairman of such Board shall be a person who is, or has been, a
Judge of a High Court.]
11. In every case where a detention order has been made under this Act the State
Government shall, within three weeks from the date of detention of a person under the
order, place before the Advisory Board constituted by it under section 10 the grounds on
which the order has been made and the representation, if any, made by the person affected
by the order, and where the order has been made by an authorised officer, also the report
made by such officer under sub-section (3) of section 3.
Reference to
Advisory
Board.
12. (1) The Advisory Board shall, after considering the materials placed before it
and, after calling for such further information as it may deem necessary from the State
Government or from any person called for the purpose through the State Government or
from the detenu and if, in any particular case, the Advisory Board considers it essential
so to do or if the detenu desires to be heard, after hearing the detenu in person, submit its
report to the State Government, within seven weeks from the date of detention of the
detenu.
Procedure of
Advisory
Board.
(2) The report of the Advisory Board shall specify in a separate part thereof the
opinion of the Advisory Board as to whether or not there is sufficient cause for the
detention of the detenu.
(3) When there is a difference of opinion among the members forming the Advisory
Board the opinion of the majority of such members shall be deemed to be the opinion of
the Board.
(4) The proceedings of the Advisory Board and its report excepting that part of the
report in which the opinion of the Advisory Board is specified shall be confidential.
(5) Nothing in this section shall entitle any person against whom a detention order
has been made to appear by any legal practitioner in any matter connected with the
reference to the Advisory Board.
1. This sub-section was substituted by Guj. 26 of 1986, s.3.
6 Gujarat Prevention of Anti-social Activities Act, 1985 [ 1985 : Guj. 16
Action
upon
report of
Advisory
Board.
13. (1) In any case where the Advisory Board has reported that there is, in its
opinion, sufficient cause for the detention of the detenu , the State Government may
confirm the detention order and continue the detention of the detenu for a period, not
exceeding the maximum period prescribed by section 14 as it thinks fit.
(2) In any case where the Advisory Board has reported that there is, in its opinion,
no sufficient cause for the detention of the person concerned, the State Government shall
revoke the detention order and cause the detenu to be released forthwith.
Maximum
period of
detention.
14. The maximum period for which any person may be detained in pursuance of
any detention order made under this Act which has been confirmed under section 13,
shall be one year from the date of detention.
Revocation
of detention
orders.
15. (1) Without prejudice to the provisions of section 21 of the Bombay General
Clauses Act, 1904, a detention order may, at any time for reasons to be recorded in
writing, be revoked or modified by the State Government, notwithstanding that the order
has been made by an authorised officer.
Bom. I of
1904.
(2) The expiry or revocation of a detention order (hereinafter in this sub -section
referred to as "the earlier detention order" shall not bar the making of another detention
order (hereinafter in this sub -section referred to as "the sub -sequent detention order")
under section 3 against the same person:
Provided that in a case where no fresh facts have arisen after the expiry or
revocation of the earlier detention order made against such person, the maximum period
for which such person may be detained in pursuance of the subsequent detention order
shall in no case extend beyond the expiry of a period of twelve months from the date of
detention under the earlier detention order.
Temporary
release of
persons
detained.
16. (1) The State Government may, at any time, for reasons to be recorded in
writing, direct that any person detained in pursuance of a detention order may be released
for any specified period, either without conditions or upon such conditions specified in
the direction as that person accepts, and may, at any time, cancel his release.
(2) In directing the release of any detenu under sub -section ( 1), the State
Government may require him to enter into a bond, with or without sureties, for the due
observance of the conditions specified in the direction.
(3) Any detenu released under sub -section (1) shall surrender himself at the time
and place, and to the authority, specified in the order directing his release or cancelling
his release, as the case may be.
(4) If any detenu fails without sufficient cause to surrender himself in the manner
specified in sub-section (3), he shall on conviction, be punished with imprisonment for a
term which may extend to two years, or with fine, or with both.
(5) If any detenu released under sub-section (1) fails to fulfil any of the conditions
imposed upon him under the said sub-section or in the bond entered into by him, the bond
shall be declared to be forfeited and any person bound thereby shall be liable to pay the
penalty thereof.
Protection
of action
taken in
good faith.
17. No suit, prosecution or other legal proceeding shall lie against the State
Government or any officer or person, for anything in good faith done or intended to be
done in pursuance of this Act.
Matters
within the
purview of
this Act to
be dealt
with under
this Act
only.
18. On and after the commencement of this Act, no order of detention under the
National Security Act, 1980 shall be made by the State Government or any officer
subordinate to it, in respect of any boot-legger, drug offender, dangerous person, immoral
traffic offender, or property grabber in the State on the ground of preventing him from
acting in any manner prejudicial to the maintenance of public order, in so far as an order
under this Act, could be made for detention of such person.
65 of 1980.
1985 : Guj. 16 ] Gujarat Prevention of Anti-social Activities Act, 1985 7
Guj. Ord.
11 of 1985.
19. (1) The Gujarat Prevention of Anti-social Activities Ordinance, 1985 is hereby
repealed.
Repeal and
saving.
(2) Notwithstanding such repeal,----
(a) anything done or any action taken under the said Ordinance shall be deemed to
have been done or taken under this Act;
(b) every person in respect of whom an order of detention has been made under
section 3 of the said Ordinance by reason of his being a dangerous person and is in force
immediately before the date on which the assent to this Act of the President is first
published in the Official Gazette , (hereinafter referred to as "the said date"), shall,
notwithstanding that his detention has been rendered inconsistent with section 3 of this
Act, continue to be under detention subject to the provisions of this Act;
(c) (i) an Advisory Board constituted under section 10 of the said Ordinance and
functioning immediately before the said date shall, notwithstanding that its constitution
has been rendered inconsistent with the provisions of section 10 of this Act, continue to
so function after the said date subject to the provisions of this Act;
(ii) any reference made under section 11 of the said Ordinance and pending
before such Advisory Board immediately before the said date may continue to be dealt
with by that Board after that date as if such Board had been constituted under section 10
of this Act.
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Government Central Press, Gandhinagar.