KARNATAKA
PREVENTION OF DANGEROUS ACTIVITIES OF BOOTLEGGERS, DRUG-OFFENDERS, GAMBLERS,
GOONDAS, IMMORAL TRAFFIC OFFENDERS. SLUM-GRABBERS AND VIDEO OR AUDIO PIRATES
(AMENDMENT) ACT, 2014 THE KARNATAKA PREVENTION OF DANGEROUS ACTIVITIES OF
BOOTLEGGERS, DRUG-OFFENDERS, GAMBLERS, GOONDAS, IMMORAL TRAFFIC OFFENDERS.
SLUM-GRABBERS AND VIDEO OR AUDIO PIRATES (AMENDMENT) ACT, 2014 [Act No. 53 of 2014] An Act further to amend the Karnataka Prevention of Dangerous Activities of
Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders,
Slum-Grabbers and Video or Audio Pirates Act, 1985. Whereas it is
expedient further to amend the Karnataka Prevention of Dangerous Activities of
Bootleggers, Drug-Offenders. Gamblers, Goondas, Immoral Traffic Offenders.
Slum-Grabbers and Video or Audio Pirates Act, 1985 (Karnataka Act 12 of 1985)
for the purposes hereinafter appearing. Be it enacted by
the Karnataka State Legislature in the sixty-fifth year of the Republic of
India as follows:- Section 1 - Short title and commencement (1)
This Act may be called the Karnataka Prevention of
Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral
Traffic Offenders. Slum-Grabbers and Video or Audio Pirates (Amendment) Act,
2014. (2)
It shall come into force at once. In the long title
and the preamble of the Karnataka Prevention of Dangerous Activities of
Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders,
Slum-Grabbers and Video or Audio Pirates Act, 1985 (Karnataka Act 12 of 1985)
(hereinafter referred to as the principal Act) for the words "Bootleggers,
Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum-Grabbers and
Video or Audio Pirates" the words "Acid Attackers, Bootleggers, Depredator
of Environment. Digital Offenders, Drug Offenders, Gambles, Goondas, Immoral
Traffic Offenders, Land-Grabbers, Money Launderers, Sexual predators and Video
or Audio Pirates" shall be substituted. In section 1 of
the principal Act in sub-section (1) for the words "Bootleggers, Drug
Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum-Grabbers and
Video or Audio Pirates" the words "Acid Attackers, Bootleggers,
Depredator of Environment, Digital Offenders, Drug Offenders, Gamblers,
Goondas, Immoral Traffic Offenders, Land-Grabbers, Money Launderers, Sexual
predator And Video or Audio Pirates" shall be substituted. For section 2 of
the principal Act, the following shall be substituted, namely:- "2.
Definitions.-- 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 acid attacker, when he is engaged or
making preparations for engaging in any offences under sections 326A and. 326B
of the Indian Penal Code (Central Act XLV of 1860) which affect adversely, or
are likely to affect adversely, the maintenance of public order, ? (ii)
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; (iii)
in the case of depredator of environment, when he is
engaged or making preparations for engaging in any of his activities as a
depredator of environment, which affect adversely or likely to affect adversely
the maintenance of public order; (iv)
in the case of digital offender, when ho is engaged, or
is making preparations for engaging in any of his activities as a digital
offender, which affect adversely or are likely to affect adversely, the
maintenance of public order. (v)
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; (vi)
in the case of a gambler when he is engaged, or is making
preparations for engaging in any of his activities as a gambler which affect
adversely or are likely to affect adversely the maintenance of public order; (vii)
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; (viii)
in the case of an immoral traffic offender when he is
engaged, or is making preparations for engaging in any of his activities as on
immoral traffic offender which affect adversely, or are likely to affect
adversely, the maintenance of public order: (ix)
in the case of a land-grabber, when he is engaged, or is
making preparations for engaging, in any of his activities as a land-grabber,
which affect adversely or are likely to affect adversely the maintenance of
public order; (x)
in the case of money launderer, when he is engaged, or is
making preparations for engaging in any of his activities as a money launderer,
which affect adversely or are likely to affect adversely, the maintenance of
public order; (xi)
in the case of sexual predator, when he is engaged, or
making preparations for engaging in any offences under Sections 376, 376A,
376B, 376C, 376D and 376E of the Indian Penal Code (IPC) and under the
Protection of Children form Sexual Offences Act, 2012 which affect adversely or
likely to affect adversely the maintenance of public order; (xii)
In the case of a Video or Audio pirate, when he is
engaged or is making preparations for engaging in any of his activities as a
Video or Audio pirate habitually for commercial gain, 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 is 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. (a)
"Acid Attackers" means a person who commits or
attempts or abets the commission of any offences under sections 326A and 326B
of the Indian Penal Code (Central Act XLV of 1860) and the Poisons Act, 1919
and Mysore Poisons Rules 1966; (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 Karnataka Excise Act, 1965 (Karnataka Act 21 of 1966) 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 or through any other person, or
who abets in any other manner the doing of any such things; (c)
"detention order" means an order made under
section 3; (d)
"detenue" means a person detained under a
detention order; (e)
"Depredator of Environment" means a person who
by any direct act or omission by which he derives for himself or for any other
person pecuniary or commercial benefit, commits an offence under any law
relating to protection of environment or rivers or under any law relating to
sand mining from any place or under any law relating to quarrying or mining, or
who commits or abets the commission of offences punishable under any law
relating to conservation of forest or wildlife; (f)
"Digital Offender" means any person who
knowingly or deliberately violates, for commercial purposes any copy right law
in relation to any book, music, film, software, artistic or scientific work and
also includes any person who illegally enters through the identity of another
user and illegally uses any computer or digital network for pecuniary gain for
himself or for any other person or commits any of the offences specified under
section 67, 68, 69, 70, 71, 72, 73, 74 and 75 of the Information Technology
Act, 2000 (Central Act 21 of 2000); (g)
"drug-offender" means a person, who
manufactures, stocks, imports, exports, sells or distributes any drug or
cultivates any plant or docs any other thing in contravention of any of the
provisions of the Drugs and Cosmetics Act, 1940 (Central Act XXIII of 1940), or
the Dangerous Drugs Act, 1930 (Central Act II of 1930) 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 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; (h)
"gambler" means a person, who commits or abets
the commission of any offence punishable under Chapter VII of the Karnataka
Police Act, 1963 (Karnataka Act 4 of 1964) including an offence of gambling
relatable to "matka" and punishable under the said Chapter; (i)
"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 VIII. Chapter XV,
Chapter XVI Chapter XVII or Chapter XXII of the Indian Penal Code (Central Act
XLV of 1860); (j)
"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); (k)
'land-grabber" means a person, who illegally takes
possession of any land (whether belonging to Government, local authority or any
other person) including tank bed or enters into, or creates illegal tenancies
or leave and license agreements or any other agreement in respect of such
lands; or who constructs unauthorized structures thereon for sale or hire, or
gives such lands to any person on rental or leave and license basis for
construction or use and occupation, of unauthorized 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; (l)
"Money Launderer" means a person who by any
direct act by which he derives pecuniary benefits for himself or for any other
person commits or abets any of the offences specified in Part-A of the Schedule
of the Prevention of Money Laundering Act, 2002; (m)
"Sexual predator" means a person, who commits
or attempts or abets the commission of any offences under sections 376, 376A,
376B, 376C, 376D and 376E of the Indian Penal Code (Central Act XLV of 1860),
or offences under the Protection of Children from Sexual Offences Act, 2012
(POCSO); (n)
"unauthorised structure" means any structure
constructed without express permission in writing of the appropriate authority
under, and in accordance with any law for the lime being in force in the area
concerned; (o)
"Video or Audio pirate" means a person who
commits or attempts to commit or abets the commission of offences of
infringement of copy right habitually for commercial gain, in relation to
cinematograph film or a record embodying any part of the sound track associated
with the film, punishable under the Copy Right Act, 1957 (Central Act XIV of
1957). In section 3 of
the principal Act, for the words "Bootlegger or Drug Offender or Gambler
or Goonda or Immoral Traffic Offender or Slum-Grabber or Video or Audio
Pirate" the words "Acid Attacker or Bootlegger or Depredator of
Environment or Digital Offender or Drug Offender or Gambler or Goonda or
Immoral Traffic Offender or Land-Grabber or Money Launderer or Sexual predator
or Video or Audio Pirate" shall be substituted. For section 17 of
the principal Act, the following shall be substituted, namely:- "17.
Detention Order against acid attacker, bootlegger, depredator of environment,
digital offender, drug offender, gambler, goonda, immoral traffic offender,
land-grabber, money launderer, sexual predator and video or audio pirate to be
made under this Act and not under national security Act.-- On and after the
commencement of this Act, no order of detention under the National Security
Act, 1980 (Central Act 65 of 1980) shall be made by the State Government or any
of their officers under that Act, in respect of any acid attacker, bootlegger,
depredator of environment, digital offender, drug offender, gambler, goonda,
immoral traffic offender, land-grabber, money launderer, sexual predator or
video or audio pirate in the State of Karnataka, on the ground of preventing
him from acting in any manner prejudicial to the maintenance of public order,
which order of detention may be or can be made against such person under this
Act".
Preamble - THE KARNATAKA PREVENTION OF DANGEROUS ACTIVITIES OF BOOTLEGGERS,
DRUG-OFFENDERS, GAMBLERS, GOONDAS, IMMORAL TRAFFIC OFFENDERS. SLUM-GRABBERS AND
VIDEO OR AUDIO PIRATES (AMENDMENT) ACT, 2014PREAMBLE