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State of Telangana - Section

Section 2 in Telangana Prevention of Dangerous Activities of Boot-leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986

2. Definition.

- In this Act, unless the context otherwise requires, -
(a)"acting in any manner prejudicial to the maintenance of public order" means when a boot-legger, a dacoit, a drug-offender, a goonda, an immoral traffic offender, [Land-Grabber, a Spurious Seed Offender, an Insecticide Offender, a Fertiliser Offender, a Food Adulteration Offender, a Fake Document Offender, a Scheduled Commodities Offender, a Forest Offender, a Gaming Offender, a Sexual Offender, an Explosive Substances Offender, an Arms Offender, a Cyber Crime Offender and a White Collar or Financial Offender] [Substituted by Act No.13 of 2018 (w.e.f.17.06.2017).] is engaged or is making preparations for engaging, in any of his activities as such, which affect adversely, or are likely to affect adversely, the maintenance of public order:
Explanation. - For the purpose of this clause 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 of the persons referred to in this clause directly, or indirectly, is causing or calculated to cause any harm, danger or alarm or a feeling of insecurity among the general public or any section thereof or a grave wide-spread danger to life or public health;
(b)"boot-legger" means a person, who distils, manufactures, stores, transports, imports, exports, sells or distributes any liquor, intoxicant drug or other intoxicant in contravention of any of the provisions of the [Telangana] [Adapted by G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015.] Excise Act, 1968 (Act 17 of 1968) and the rules, notifications and orders made thereunder, or in contravention 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 above mentioned things by himself or through any other person, or who abets in any other manner the doing of any such thing;
(c)"dacoit" means a person who either by himself or as a member of or leader of a gang commits or abets the commission of any of the offences punishable under sections 395 to 400 of the Indian Penal Code, 1860 (Central Act 45 of 1860).;
(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 manufactures, stocks, imports, exports, sells or distributes any drug or cultivates any plant or does any other thing in contravention of any of the provisions of the Drugs and Cosmetics Act, 1940 (Central Act XXIII of 1940) or [the Narcotic Drugs and Psychotropic Substances, Act, 1985 (Central Act 61 of 1985)] [Substituted by Act No. 23 of 1986.] and the rules, notifications and orders made under either Act, or in contravention of any other Law for the time being in force, or who knowingly expends or applies any money in above mentioned things by himself or through any other person or who abets in any other manner the doing of any such thing;
(g)"goonda" means a person, who either by himself or as a member of or leader of a gang, habitually commits, or attempts to commit or abets the commission of offences punishable under Chapter XVI or Chapter XVII or Chapter XXII of the Indian Penal Code (Central Act 45 of 1860);
(h)"Government" means the State Government of [Telangana] [Substituted by G.O.Ms.No.124, G.A (Law & Order) Department, dated 17.03.2015.];
(i)"immoral traffic offender" means a person who commits or abets the commission of any offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Central Act 104 of 1956);
(j)"land-grabber" means a person, who illegally takes possession of any land (whether belonging to Government, local authority or any other person) or enters into or creates illegal tenancies or lease and licence, agreements or any other agreement in respect of such lands; or who constructs unauthorised structures thereon for sale or hire, or give such lands to any person on rental or lease and licence basis or for construction or use and occupation of un-authorised structures or he 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 occupier of such lands, rent, compensation, or other charges by criminal intimidation or who evicts or attempts to evict any such occupier by force without resorting to the lawful procedure; or who abets in any manner the doing of any of the above mentioned things;
(k)"unauthorised structure" means any structure constructed without express permission in writing of the appropriate authority under and in accordance with any law for the time being in force in the area concerned.
(l)[ "Spurious Seed Offender" means any person who manufactures, stocks, sells or distributes any adulterated seeds or adulterate the original seeds by mixing low quality seeds or change the packing with the name of well known brands or does anything in contravention of any of the provisions of the Seeds Act, 1966 (Central Act 54 of 1966) and the rules, notifications and orders made thereunder or punishable under section 420 of the Indian Penal Code, 1860 (Central Act 45 of 1860) who knowingly by himself or through any other person abets in any other manner the doing of any such things/offences; [Substituted by Act No. 13 of 2018 (w.e.f. 17.06.2017).]
(m)"Insecticide Offender" means any person who manufactures, stocks, sells or distributes the misbranded insecticides or does anything in contravention of any of the provisions of the Insecticide Act, 1968 (Central Act 46 of 1968) or punishable under section 420 of the Indian Penal Code, 1860 or who abets in doing such things/offences;
(n)"Fertiliser Offender" means any person who manufactures, stocks, sells or distributes the spurious fertiliser/fake fertiliser, whether it may be chemical fertilizer or bio-fertiliser, or does anything in contravention any of the provisions of the Fertiliser (Control) Order, 1985 or the Essential Commodities Act, 1955 (Central Act 10 of 1955) or the offences punishable under section 420 of the Indian Penal Code, 1860 or who abets in doing such things/offences;
(o)"Food Adulteration Offender" means any person who prepares or sells or stocks the adulterated food articles, low nutritional standard food articles or does anything in contravention of any of the provisions under the Prevention of Food Adulteration Act, 1954 (Central Act 37 of 1954) or Food Safety and Standard Act, 2006 (Central Act 34 of 2006) or under sections 272 & 273 of the Indian Penal Code, 1860 or who abets in doing such things/offences;
(p)"Fake Document Offender" means a person who makes any false document or part of a document with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or commits the offences punishable under Chapter-XVIII of the Indian Penal Code, 1860 or who abets in doing such things/offences;
(q)"Scheduled Commodities Offender" means a person who does anything in contravention of any provisions of Telangana Scheduled Commodities Dealers (Licensing, Storage & Regulation) Order, 2016 or the commission of offences punishable under the Essential Commodities Act, 1955 (Central Act 10 of 1955) or sections 406, 407, 408, 409, 417, 418, 419 or 420 of the Indian Penal Code, 1860 or who abets in doing such things/offences;
(r)"Forest-Offender" means a person, who commits or abets the commission of offences punishable under the Telangana Forest Act, 1967 (Act 1 of 1967) or sections 51 and 52 of the Wild Life Protection Act, 1972 or under sections 379 to 402 of the Indian Penal Code, 1860;
(s)"Gaming Offender" means a person who commits or abets the commission of offences punishable under the Telangana Gaming Act, 1974 (Act 27 of 1974);
(t)"Explosive Substance Offender" means a person who commits or abets the commission of offences punishable under the Explosive Substances Act, 1908 (Central Act 6 of 1908);
(u)"Arms Offender" means a person who commits or abets the commission of offences punishable under the Arms Act, 1959 (Central Act 54 of 1959);
(v)"Sexual Offender" means a person who commits or abets the commission of offences in contravention of any of the provisions under the Protection of Child from Sexual Offences Act, 2012 (Central Act 32 of 2012) or the offences punishable under sections 354, 354-A, 354-B, 354-C, 354-D, 376, 376-A, 376-B, 376-D, 377 or 509 of the Indian Penal Code, 1860;
(w)"Cyber Crime Offender" means a person who commits or abets the commission of offences punishable under the Information Technology Act, 2000 (Central Act 21 of 2000);
(x)"White collar offender" or "Financial Offender" means a person who commits or abets the commission of offences punishable under the Telangana Protection of Depositors of Financial Establishment Act, 1999 (Act 17 of 1999) or under sections 406 to 409 or 417 to 420 or under Chapter XVIII of the Indian Penal Code, 1860.]