Moneylending related offence included under PASA in Gujarat

The Governor of Gujarat has promulgated ‘The Gujarat Prevention of Anti Social Activities (Amendment) Ordinance, 2020’ with effect from 07 September 2020.

Clause (ga) inserted in Section 2 defines a “money lending offender” to mean a person, who

  1. commits or attempts to commit or abets the commission of offences under Chapter IX of the Gujarat Money Lenders Act, 2011 or
  2. a money lender or any person engaged by the money lender or someone acting on his behalf, who uses or threatens to use physical violence directly or otherwise or through any person against any person for the purpose of collecting any part of the loan or interest thereon or any instalment thereof or for taking any movable or immovable property connected with the loan transaction or the realization of whole or part of the an amount or interest thereon.

Offences under Chapter IX of Gujarat Money Lenders Act, 2011 include :

  1. Entry of wrong sum in documents, etc
  2. Prohibition against recovery of loan or interest except in cash
  3. Penalty for molestation
  4. Penalty for salami, batta, dharmada, etc.
  5. Penalty for contravention of various provisions of The Gujarat Money Lenders Act, 2011.

Section 3 of the Gujarat PASA, 1985 allows the State Government (powers delegated to Police Commissioner and District Magistrate) to make an order directing a person to be detained if it is satisfied with respect to any person that with a
view to preventing him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do.

The PAS Act also provides for the constitution of an Advisory Board for confirmation or otherwise of an Detention Order and other provisions for administration of the PAS Act, etc.

Section 14 of the Gujarat PASA specifies that the maximum period for which a person may be detained shall be 1 year from the date of detention.

The Gujarat Prevention of Anti-Social Activities Act, 1985 (pdf)

The Gujarat Prevention of Anti-Social Activities (Amendment) Ordinance, 2020 (pdf)

The Gujarat Money Lenders Act, 2011 (pdf)

Our post on Gujarat Money Lenders Act, 2011.

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