| [U.P. Act No. 14 of 2016] | [10th April, 2016] |
(As passed by the Uttar Pradesh Legislature)
An Act further to amend the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986
It is hereby enacted in the Sixty-sixth Year of the Republic of India as follows-
Prefatory Note-Statement of Objects and Reasons.- The Uttar Pradesh Gangsters Act and Anti-Social Activities (Prevention) Act, 1986 (U.P. Act No. 7 of 1986) has been enacted to provide for making special provisions for the prevention of, and for copying with gangsters and anti-social activities in the State. The High Court of Judicature at Allahabad, Lucknow Bench Lucknow has in Mushrraf Ali, son of Shaukat Ali v. State of U.P., 2013 SCC OnLine All 13925
, in the order thereof date January 8, 2013 suggested to bring the following offences in the ambit of the said Act and take action against the persons indulging in such offences under the said Act-1. offences punishable under the Regulation of Money Lending Act, 1976;
2. illegally transporting and/or smuggling of cattle and indulging in acts in contravention of the provisions in the Prevention of Cow Slaughter Act, 1955 and the Prevention of Cruelty to Animals Act, 1960;
3. human trafficking for purposes of commercial exploitation, bonded labour, child labour, sexual exploitation, organ removing and trafficking, beggary and the like activities.
4. offences punishable under the Unlawful Activities (Prevention) Act, 1966:
5. printing, transporting and circulating of fake Indian currency notes;
6. involving in production, sale and distribution of spurious drugs;
7. involving in manufacture, sale and transportation of arms and ammunition in contravention of Sections 5, 7 and 12 of the Arms Act, 1959;
8. felling or killing for economic gains, smuggling of products in contravention of the Indian Forest Act, 1927 and the Wildlife Protection Act, 1972;
9. offences punishable under the Entertainment and Betting Tax Act, 1979;
10. indulging in crimes that impact security of State, public order and even tempo of life.
With a view to complying with the said orders of the Hon'ble High Court it has been decided to amend the said Act to include the said offences in the definition of the word "Gang".
Since the State Legislature was not in session and immediate legislative action was necessary to implement the aforesaid decision, the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) (Amendment) Ordinance, 2015 (U.P. Ordinance No. 1 of 2015) was promulgated by the Governor on January 20, 2015.
The Bill is introduced to replace the aforesaid Ordinance.
1 Received the assent of the President on April 10, 2016 and published in the U.P. Gazette, Extra., Part 1, Section (Ka), dated 27th April, 2016, pp. 3-5
1. Short title and commencement.- (1) This Act may be called the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) (Amendment) Act, 2015.
(2) It shall be deemed to have come into force on January 20, 2015.
2. Amendment of Section 2 of U.P. Act No. 7 of 1986.- In Section 2 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, hereinafter referred to as the principal Act, in clause (b) after sub-clause (xv) the following sub-clauses shall be inserted, namely-
"(xvi) offences punishable under the Regulation of Money Lending Act, 1976;
(xvii) illegally transporting and/or smuggling of cattle and indulging in acts in contravention of the provisions in the Prevention of Cow Slaughter Act, 1955 and the Prevention of Cruelty to Animals Act, 1960;
(xviii) human trafficking for purposes of commercial exploitation, bonded labour, child labour, sexual exploitation, organ removing and trafficking, beggary and the like activities.
(xix) offences punishable under the Unlawful Activities (Prevention) Act, 1966:
(xx) printing, transporting and circulating of fake Indian currency notes;
(xxi) involving in production, sale and distribution of spurious drugs;
(xxii) involving in manufacture, sale and transportation of arms and ammunition in contravention of Sections 5, 7 and 12 of the Arms Act, 1959;
(xxiii) felling or killing for economic gains, smuggling of products in contravention of the Indian Forest Act, 1927 and Wildlife Protection Act, 1972;
(xxiv) offences punishable under the Entertainment and Betting Tax Act, 1979;
(xxv) indulging in crimes that impact security of State, public order and even tempo of life.".
3. Repeal and Saving.- (1) The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) (Amendment) Ordinance, 2015 (U.P. Ordinance No. 1 of 2015) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the provisions of the principal Act as amended by the Ordinance referred to in sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act as if the provisions of this Act were in force at all material times.