Gujarat Prevention of Anti-social Activities (Amendment) Act, 1986*
| [Gujarat Act No. 26 of 1986] | [15th September, 1986] |
An Act to amend the Gujarat Prevention of Anti-social Activities Act, 1985.
It is hereby enacted in the Thirty-seventh Year of the Republic of India as follows:-
* Received the Assent to by the President on the 15th September, 1986 is hereby published for general information.
1. Short title and commencement.- (1) This Act may be called the Gujarat Prevention of Anti-social Activities (Amendment) Act, 1986.
(2) It shall be deemed to have come into force on the 25th July, 1986.
2. Amendment of section 2 of Guj. 16 of 1985.- In the Gujarat Prevention of Anti-social Activities Act, 1985 (Guj. 16 of 1985) (hereinafter referred to as "the principal Act"), in section 2,-
(1) in clause (c), the words "during a period of three successive years" shall be deleted;
(2) for clause (f), the following clause shall be substituted, namely:-
"(f) "drug offender" means a person who-
(i) imports any drug in contravention of section 10 of the Drags and Cosmetics Act, 1940 (XXIII 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 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, warehouses, 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 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);".
3. Amendment of section 10 of Guj. 16 of 1985.- In the principal Act, in section 10, for sub-section (2), the following shall be substituted, namely:-
"(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:
Provided that the Chairman of such Board shall be a person who is, or has been, a Judge of a High Court.".
4. Repeal and savings.- (1) The Gujarat Prevention of Anti-social Activities (Amendment) Ordinance, 1986 (Guj. Ord. 10 of 1986) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.
(3) Every person in respect of whom an order of detention has been made under section 3 of the principal Act by reason of his being a drug offender 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 shall, not-withstanding that his detention has been rendered inconsistent with section 3 of the principal Act as amended by this Act, continue to be under detention subject to the provision of the principal Act as amended by this Act.