Gujarat Control of Organised Crime Act
Encyclopedia
The Gujarat Control of Organised Crime Act (GUJCOCA) is a controversial anti-terrorism legislation passed by the state legislature
of Gujarat in April 2003. It is presently awaiting Presidential
approval.
) and KCOCA (for Karanataka). It was then sent to the office of the President of India
for assent. The bill was returned to the state legislature suggesting certain amends. In June 2004 It was passed again by the state legislature after deleting the provisions relating to interception of communication as suggested by the then President, Dr. A P J Kalam and sent back for approval.
The bill was sent back to the state in December 2008 with suggestions of further amendments, but the President's office recalled the file back shortly in Jan 2009 saying it wanted to have another look. In June 2009 the bill was returned to the state with recommendations to make following amendments to 3 clauses.
In July 2009, the bill was re-introduced in the state legislature without the changes suggested by the President and passed.
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
of Gujarat in April 2003. It is presently awaiting Presidential
President of India
The President of India is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. President of India is also the formal head of all the three branches of Indian Democracy - Legislature, Executive and Judiciary...
approval.
Introduction and Presidential assent
The bill was drawn on the lines of the MCOC (for MaharashtraMaharashtra
Maharashtra is a state located in India. It is the second most populous after Uttar Pradesh and third largest state by area in India...
) and KCOCA (for Karanataka). It was then sent to the office of the President of India
President of India
The President of India is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. President of India is also the formal head of all the three branches of Indian Democracy - Legislature, Executive and Judiciary...
for assent. The bill was returned to the state legislature suggesting certain amends. In June 2004 It was passed again by the state legislature after deleting the provisions relating to interception of communication as suggested by the then President, Dr. A P J Kalam and sent back for approval.
The bill was sent back to the state in December 2008 with suggestions of further amendments, but the President's office recalled the file back shortly in Jan 2009 saying it wanted to have another look. In June 2009 the bill was returned to the state with recommendations to make following amendments to 3 clauses.
- Delete Clause 16 - Clause 16 relates to the confession made before a police officer being admissible in court
- Substitute the word “may” for “shall” after the words Special Court occurring in clause 20(2) and bring the proviso in line with the proviso to Section 43 D (2) of the Unlawful Activities (Prevention) Act(Amendment), 2008, - Clause 20 (2) deals with the extension of the detention period
- Amend Clause 20(4) to bring it in conformity with Section 43 D (5) of the UAP (Amendment) Act - Clause 20 (4) deals with the powers of the court to grant bail.
In July 2009, the bill was re-introduced in the state legislature without the changes suggested by the President and passed.