Amendment status not verified — confirm the current text below against the official source.
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 slumlord, when he is engaged, or is making preparations for engaging, in any of his activities as a slumlord, 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 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 ; 1 ( iv ) in the case of a dangerous person, when he is engaged, or is making preparation for engaging, in any of his activities as a dangerous person, which affect adversely, or are likely to affect adversely, the maintenance of public order] ; 2 ( iv-a ) in the case of a sand smuggler, when he is engaged, or is making preparations for engaging, in any of his activities as a sand smuggler which affect adversely, or are likely to affect adversely, the maintenance of public order ; ( iv-b ) in the case of a person engaged in black-marketing of essential commodities, when he is engaged, or is making preparations for engaging, in any of his activities as a person engaged in black-marketing of essential commodities, which affect adversely, or are likely to affect adversely, the maintenance of public order ;] 3 ( v ) in the case of video pirate, when he is engaged or is making preparations for engaging in any of his activities as a video pirates, which affect adversely or likely to affect adversely, the maintenance of public order.] 4 [( vi ) in the case of a person engaged in illegal gambling or illegal lottery, when he is engaged or is making preparations for engaging in any of his activities as a person, engaged in illegal gambling or illegal lottery, which affects adversely, or are likely to affect adversely, the maintenance of public order ;] ( vii ) in the case of a human trafficker, when he is engaged or is making preparations for engaging in any of his activities as human trafficker, which affects adversely, or are likely to affect adversely, the maintenance of public order ;] 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, 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 5 [or disturbance in public safety and tranquility or disturbs the day to day life of the community by black-marketing in the essential commodities which is resulting in the artificial scarcity in the supply of such commodities and rises in the prices of essential commodities which ultimately causes inflation] 6 or disturbs the life of the community by producing and distributing pirated copies of music or film products, 7 or by illegal gambling or illegal lottery,] thereby resulting in a loss of confidence in administrations] ; (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 provisions of the 8 [Bombay Prohibition Act, 1949 (Bom. XXV of 1949) and the rules and orders made thereunder, or 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 receptacles or any other materials whatsoever in furtherance or support of the doing 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 ; 9 ( b-1 ) "dangerous person" means a person, who either by himself or as a member or leader of a gang, habitually commits, or attempts to commit or abets the commission of any of the offences punishable under Chapter XVI or Chapter XVII of the Indian Penal Code (XLV of 1860) or any of the offences punishable under Chapter V of the Arms Act, 1959 (LIV of 1959)] ; ( 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 provisions of the Drugs and Cosmetics Act, 1940 (XIII of 1940) or the Dangerous Drugs Act, 1930 (II of 1930) or the rules 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 thing ; 10 [( e-1 ) "person engaged in black-marketing of essential commodities"means a person who is acting in any manner prejudicial to the maintenance of supplies of the commodities essential to the community. Explanation .- For the purpose of this clause, the expression acting in any manner prejudicial to the maintenance of supplies of the commodities essential to the community means,- (i) committing or instigating to commit any offence punishable under the Essential Commodities Act, 1955 (10 of 1955) or under any other law for the time being in force relating to the control of the production, procurement, supply or distribution of, or trade and commerce in, any commodity essential to the community ; or ( ii ) dealing in any commodity which is essential commodity as defined in the Essential Commodities Act, 1955 (10 of 1955), or with respect to which provision have been made in any other law as is referred to in clause (i) , with a view to make any gain in any manner which may directly or indirectly defeat or tend to defeat the provisions of the Essential Commodities Act, 1955 (10 of 1955) or any other law referred to in clause (i) ; 11 ( e-1a ) "human trafficker" means a person who individually or as a part of a group of persons engaged in or in preparing to engage in or associated with or abets human trafficking or who commits or attempts to commit or abets the commission of offences in respect of human trafficking which are punishable under the Immoral Traffic (Prevention) Act, 1956 (104 of 1956) or section 370 or 370A of the Indian Penal Code (45 of 1860) ; ( e-1b ) "person engaged in illegal gambling or illegal lottery" means a person who individually or as part of a group of persons engaged in or in preparing to engage in or associated with or abets illegal gambling or illegal lottery or engaged in selling of illegal lottery tickets, or who commits or attempts to commit or abets the commission of offences in respect of illegal gambling or illegal lottery which are punishable under the provisions of the Maharashtra Prevention of Gambling Act (IV of 1887) or the Maharashtra Lotteries (Control and Tax) and Prize Competitions (Tax) Act (LXXXII of 1958), or the Lotteries (Regulation) Act, 1998 (17 of 1988);] ( e-2 ) "sand smuggler" means a person who individually or as at part of a group of persons is engaged in or is preparing to engage in or associated with or abets unauthorized extraction, removal, collection, replacement, picking up or disposal of sand and its transportation, storing and selling or who commits or attempts to commit or abets the commission of offences in respect of sand which are punishable under the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957) or under the Maharashtra Minor Mineral Extraction (Development and Regulation) Rules, 2013 ; ( f ) "slumlord" means a person, who illegally takes possession of any lands (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 agreements in respect of such lands, or who constructs unauthorised structures thereon for sale or hire, or gives such lands to any persons on rental or leave and licence basis for construction, or use and occupation, of unauthorised structures, or who knowingly gives financial aid to any persons for taking illegal possession of such lands, or for construction of unauthorised structures thereon, or who collects or attempts to collect from any occupiers of such lands rent, compensation or other charges by criminal intimidation, or who evicts or attempts to evict any such occupiers by force without resorting to the lawful procedure, or who abets in any manner the doing of any of the abovementioned things ; 12 [( f-1 ) "video pirate" means a person against whom at least one chargesheet has already been filed under the Copyrights Act, 1957 (14 of 1957) for infringement of copyrights relating to cinematograph film or sound recording and the Court has taken cognizance of such offence ; and who commits or attempts to commit or abets the commission of offences of infringement of copyrights in relation to cinematograph film or sound recording or any part of sound track associated with the film or sound recording, punishable under the said Act.] ; ( g ) "unauthorised structure" means any structure constructed, without express permission in writing of the Municipal Commissioner in a Municipal Corporation area, and elsewhere of the Collector, or except in accordance with any law for the time being in force in the area concerned.