Part VIII, Ext. No. 59,L. A. BILL No. LXXVII OF 2025 A BILL to amend the Maharashtra Control of Organised Crime Act, 1999. Tuesday, 8th July 2025

RNI No. MAHENG /2009/35528 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग आठ वर्षष ११, अंक २५(२)] मंगळवारा, जुलैै ८, २०२५/आर्षाढ १७, शाके १९४७ [पष्ृठ े3, किंकमं त : रुपये े२७.०० असाधााराण क्रमांक ५९ प्रााकिंधाकृत प्राकाशान महाारााष्ट्र किंवधाानमंडळाचेे अकिंधाकिंनयेम व रााज्येपालैांनी प्राख्येाकिंपत केलैेलैे अध्येादेेशा व केलैेलैे किंवकिंनयेम आकिंण किंवकिंधा व न्येाये किंवभाागाकडून आलैेलैी किंवधाेयेके (इंंग्रजी अनुवादे).

In pursuance of clause )3( of article 348 of the Constitution of India, the following translation in English of the Maharashtra Control of Organised Crime )Amendment( Bill, 2025 )L.A. Bill No. LXXVII of 2025(, introduced in the Maharashtra Legislative Assembly on the 8th July 2025, is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra, SATISH WAGHOLE, Secretary )Legislation( to Government, Law and Judiciary Department.

L. A. BILL No. LXXVII OF 2025.

A BILL to amend the Maharashtra Control of Organised Crime Act, 1999.

Mah. WHEREAS it is expedient to amend the Maharashtra Control of Organised XXX of Crime Act, 1999, for the purposes hereinafter appearing; it is hereby enacted in

1999. the Seventy-sixth Year of the Republic of India, as follows :—

1. This Act may be called the Maharashtra Control of Organised Crime Short title. )Amendment( Act, 2025.

Mah. 2. In section 2 of the Maharashtra Control of Organised Crime Act, Amendment XXX of 1999, in sub-section )1(, for clause )e(, the following clause shall be substituted, of section 2 of

1999. Mah. XXX of

namely :–

1999. )१( भाग आठ- ५९–१2 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग आठ, जुलैै ८, २०२५/आर्षाढ १७, शाके १९४७ “)e( “organised crime” means, any continuing unlawful activity, by an individual, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate,— )i( by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any other person or promoting insurgency, or )ii( by cultivating, producing, manufacturing, possessing, selling, purchasing, transporting or storing of narcotic drugs or psychotropic substances in commercial quantity, as notified under the Narcotic Drugs and Psychotropic Substances Act, 1985, in contravention of 61 of the said Act or rules framed thereunder, with the objective of gaining 1985.

pecuniary benefits, or gaining undue economic or other advantage for himself or any other person;”.महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग आठ, जुलैै ८, २०२५/आर्षाढ १७, शाके १९४७ 3 STATEMENT OF OBJECTS AND REASONS The Maharashtra Control of Organised Crime Act, 1999 )Mah. XXX of 1999( )hereinafter referred to as “the MCOC Act”( has been enacted to curb or control the menace of organised crime which is fueled by illegal wealth generated by contract killing, extortion, smuggling in contrabands, illegal trade in narcotics, kidnapping for ransom, etc.

2. In recent times, the increasing cultivation, production, manufacture, possession, sale or transport of narcotic drugs and psychotropic substances has emerged as a very serious threat to the society. A large number of young people have been found to be falling prey to the consumption of drugs. The consumption of drugs is not only destroying the health and well-being of public at large but is also tearing apart the social fabric.

It is noticed that, many organised crime syndicates are often found to be using some of the non-functional, sick and defunct chemical production factories for manufacturing of drugs, which is prohibited under the Narcotic Drugs and Psychotropic Substances Act, 1985 )61 of 1985( )hereinafter referred to as “the NDPS Act”(. The enormous illegal wealth is generated by the smuggling in contrabands and illegal trade of narcotics and has potential to be used for terrorist and other unlawful activities. This is not only adversely affecting the State’s economy but also compromises public safety and security.

3. Section 2)1( )d( of the MCOC Act defines the term “continuing unlawful activity” as an activity prohibited by law for the time being in force, which is a cognizable offence punishable with imprisonment of three years or more, undertaken either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a Competent Court within the preceding period of ten years and that Court has taken cognizance of such offence. To bring more clarity about covering the offences relating to narcotic drugs and psychotropic substances under the MCOC Act, the Government considers it expedient to amend the definition of “organised crime” under the MCOC Act, suitably.

4. The Bill seeks to achieve the above objectives.

Mumbai, DEVENDRA FADNAVIS, Dated the 7th July 2025. Chief Minister.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.