Rajasthan Control of Goondas Act, 1975
No: 14 Dated: Mar, 26 1975
Rajasthan Control of Goondas Act, 1975
(Act No. 14 of 1975)
An Act to make special provisions for the control and suppression of Goondas with a view to the maintenance of public order.
Be it enacted by the Rajasthan State Legislature in the Twenty-sixth Year of the Republic of India as follows :-
1. Short title, extent and commencement. - (1) This Act may be called the Rajasthan Control of Goondas Act, 1975.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force at once.
2. Definition. - In this Act, unless there is anything repugnant in the subject or context—
(a) (i) "Government" and "State" means the Government and State of Rajasthan respectively.
(ii) "Tribunal" means the tribunal appointed by the State Government.
(iii) The "District Magistrate" includes an Additional District Magistrate specially empowered by the State Government in that behalf.
(iv) The "District" means the territorial division constituting the district for the purpose of the Code of Criminal Procedure, 1973.
(v) "Police Station" means the place declared by the State Government to be a Police Station and includes any local area specified by the State Government.
(vi) "Officer-in-charge of the Police Station" means the Officer-in-charge of Police Station being not below the rank of Sub-Inspector.
(vii) "Code" means the Code of Criminal procedure, 1973 (Central Act No. 2 of 1974).
(b) "Goonda" means a person who :-
(i) either by himself or as a member or leader of a gang, habitually commits, or attempts to commit, or abets the commission of, offences, punishable under Chapter XVI, Chapter XVII or Chapter XXII or the Indian Penal Code, 1860 (Act XLV of 1860) or under Sections 290 to 294 of the Indian Penal Code, 1860; or
(ii) has been convicted under the Suppression of immoral Traffic in Women and Girls Act, 1956 (Act No. 104 of 1956); or
(iii) has been convicted not less twice under the Rajasthan Excise Act, 1950 (Rajasthan Act No. 11 of 1950); or
(iv) has been convicted not less than twice under the Opium Act, 1878 (Cental Act No. 1 of 1878); or
(v) has been convicted not less than twice under Rajasthan Public Gambling Ordinance, 1949 (Rajasthan Ordinance No. 48 of 1949); or
(vi) has been found habitual passing indecent remarks to or teasing women or girls; or
(vii) has been found habitual in intimidation of law abiding people by acts of voilence or by show of force; or
(viii) is habituated to commit affray or breach of peace, riot, or who is habituated to make forcible collection of subscription or threatening people for illegal pecuniary gain for himself or for others, or who is habituated to cause alarm danger, or harm to persons or property.
Explanation—The words 'habitual' or 'habituated' wherever used in relation to a person in this clause means a person , who during a period within six months immediately preceding the commencement of an action under Section 3, has been found on not less than three occassions to have committed the offences or acts, as the case may be, referred to in sub-clauses (i), (vi) or (viii).
3. Externment etc. of Goondas - (1) Where it appears to the District Magistrate:
(a) that any person is goonda; and
(b) (i) that his movements or acts in the district or any part thereof are causing, or are calculated to cause alarm danger or harm to persons or property; or
(ii) that there are reasonable grounds for believing that he is engaged or about to engage, in the district or any part thereof, in the commission or abetment of any offence or act specified in sub-clause (i) to (viii) of clause (b) of Section 2; and
(c) that witness are not willing to come forward to give evidence against him by reason of apprehension on their part as regards the safety of their person or property; the District Magistrate shall be notice in writing inform him of the general nature of the material allegations against him in respect of above clause (a), (b) and (c) and give him a reasonable opportunity of tendering an explanation regarding them.
(2) The person against whom an order under this section is proposed to be made shall have the right to consult and be defended by a counsel of his choice and shall be given a reasonable opportunity of examining himself, if he so desires, and also of examining any other witnesses or to produce any relevant document that he may wish to produce in support of his explanation, unless for reasons to be recorded in writing, the District Magistrate is of opinion that the request is made for the purpose of vexation or delay.
(3) Thereupon the District Magistrate on being satisfied that the conditions specified in clause (a), (b) and (c) of sub-section (1) exist, may be order in writing—
(a) direct him to remove himself outside the district, or part, as the case may be, such route, if any, and within such time as may be specified in the order, and to desist-from entering the district or the specified part thereof until the expiry of such period not exceeding six months as may be specified in the order.
(b) (i) require such person to notify his movements, or to report himself, or to do both, in such manner, at such time and to such authority or person as may be specified in the order,
(ii) prohibit or restrict possession or use by him of any such article as may be specified in the order;
(iii) direct him otherwise to conduct himself in such manner as may be specified in the order; until the expiration of such period, not exceeding six months as may be specified in the order.