Goondas Act-1982/2 Definitions

Goondas Act-1982/2 Definitions

2. In this Act, unless the context otherwise requires,-
   (a) “acting in any manner prejudicial to the maintenance of public order”, means –
   (i) in the case of a bootlegger, when he is engaged, or is making preparations for engaging, in any of his activities as a bootlegger, which affect adversely, or are likely to affect adversely, the
   maintenance of public order;
   (i-A)[6] in the case of a cyber law offender, when he is engaged, or is making preparations for engaging, in any of his activities as a cyber law offender, which affect adversely, or are likely to affect adversely, the maintenance of public order;
   (ii) in the case of a drug-offender, when he is engaged, or is making preparations for engaging, in any of his activities as a drug offender, which affect adversely, or are likely to affect adversely, the
   maintenance of public order;
   (ii-A)[2] in the case of a forest-offender, when he is engaged or is making preparations for engaging, in any of his activities as a forest offender, which affect adversely, or are like to affect adversely, the
   maintenance of public order;
   (iii) in the case of a goonda, when he is engaged, or is making preparations for engaging, in any of his activities as a goonda which affect adversely, or are likely to affect adversely, the maintenance of public order;
   (iv) in the case of an immoral traffic offender, when he is engaged, or is making preparations for engaging, in any of his activities as an immoral traffic offender, which affect adversely, or are likely to affect adversely, the maintenance of public order;
   (iv A)[4] in the case of a sand-offender, when he is engaged, or is making preparations for engaging, in any of his activities as a sand offender, which affect adversely, or are likely to affect adversely, the
   maintenance of public order;
   (iv-B)[7] in the case of a sexual-offender, when he is engaged, or is making preparations for engaging, in any of his activities as a sexual-offender, which affect adversely, or are likely to affect adversely, the maintenance of public order;
   (v) in the case of a slum-grabber, when he is engaged, or is making preparations for engaging, in any of his activities as a slum grabber, which affect adversely, or are likely to affect adversely, the maintenance of public order;
   (vi)[3] in the case of a video pirate, when he/she is engaged or is making preparations for engaging, in any of his/her activities as a video pirate, which affect adversely, or are likely to affect adversely, the maintenance of public order.
   Definitions.
   Explanation:- For the purpose of this clause (a), 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 (a) 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 or widespread danger to life or public health or ecological system;
   [2]
   (b) “bootlegger” means a person, who distills, manufactures, stores, transports, imports, exports, sells or distributes any liquor, intoxicating drug or other intoxicant in contravention of any of the provisions of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937) and the rules, notifications and orders made there under, 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 or through any other person, or who abets in any other manner the doing of any such thing;
   (bb)[6] “cyber law offender” means a person, who commits or attempts to commit or abets the commission of any offence, punishable under Chapter XI of the Information Technology Act, 2000 (Central Act 21 of 2000);
   (c) “detention order” means an order made under Section 3;
   (d) “detenu” means a person detained under a detention order;
   (e) “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
   [1][“the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985)”] and the rules, notification 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 furtherance or support of the doing of any of the above mentioned things by or through any other person, or who abets in any other manner the doing of any such things;
   (ee)[2] “forest-offender” means a person, who commits or attempts to commit or abet the commission of offences, punishable under Chapter II or Chapter III or Chapter V or Chapter VI-B or Chapter VII of the Tamil Nadu Forest Act, 1882 (Tamil Nadu Act V of 1882) or under Chapter VI of the Wild Life (Protection) Act, 1972 (Central Act 53 of 1972);
   (f) “goonda” means a person who either by himself or as a member of or leader of a gang, habitually[6] 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 XLV of 1860). [5] punishable under section 153 or section 153-A under chapter VIII or under Chapter XVI other than sections 354, 376, 376-A, 376-B, 376-C, 376-D, and 377[7] or Chapter XVII or Chapter XXII of the Indian Penal Code 1860 (Central Act XLV of
   1860) or punishable under section 3 or section 4 or section 5 of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 (Tamil Nadu Act 59 of 1992);
   (g) “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);
   (gg)[4] “sand-offender” means a person who commits or attempts to commit or abets the commission of offences in respect of ordinary sand punishable under the Mines and Minerals (Development and
   Regulation) Act, 1957 (Central Act 67 of 1957) or under the Tamil Nadu Minor Mineral Concession Rules, 1959;
   (ggg)[7] “sexual-offender” means a person who commits or attempts to commit or abets the commission of any offence punishable under sections 354, 376, 376-A, 376-B, 376-C, 376-D or 377 of the Indian Penal Code (Central Act XLV of 1860) or the Tamil Nadu Prohibition of Harassment of Women Act, 1998 (Tamil Nadu Act of 44 of 1998) or the Protection of Children from Sexual Offences Act, 2012
   (Central Act 32 of 2012);
   (h) “slum-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 leave and licence agreements or any other agreement 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 unauthorized 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;
   (i) “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.
   (j)[3] “video pirate” means a person, who commits or attempts to commit or abets the commission of offences of infringement of copy right in relation to a cinematograph film or a record embodying any
   part of sound track associated with the film, punishable under the Copy Right Act, 1957 (Central Act XIV of 1957)”.