THE UTTAR PRADESH CONTROL OF GOONDAS ACT, 19701

1970 · State unknown · central · act_text

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1 · (1) This Act may be called the Uttar Pradesh Control of Goondas Act, 1970.

2 · In this Act, unless the context otherwise requires—

2 · [(b) "Goonda" means a person who—

1 · For Statement of Objects and Reasons see Uttar Pradesh Gazette Extraordinary dated May 15, 1970.

2 · Subs. by sec. 2 of U. P. Act no. 1 of 1985.

2 · [(viii) is involved in offences punishable under the Regulation of Money Landing Act, 1976 ;

3 · (1) Where it appears to the District Magistrate—

1 · Ins. by sec. 2 (b) (vii) of U. P. Act no. 1 of 1985.

2 · Ins. by sec. 2 of U. P. Act no. 13 of 2016.

1 · [(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 of an offence referred to in sub-clauses (i) to (iii) of clause (b) of section 2, or in the abetment of any such offence ; and ]

2 · [(a) direct him to remove himself outside the area within the limits of his local jurisdiction or such area and any district or districts or any part thereof, contiguous thereto, by such route, if any, and within such time as may be specified in the order and to desist from entering the said area or the area and such contiguous district or districts or part thereof, as the case may be from which he was directed to remove himself until the expiry of such period not exceeding six months as may be specified in the said order.]

1 · Subs. by sec. 3 (a) of U. P. Act no. 1 of 1985.

2 · Subs. by sec. 3 (b) of U. P. Act no. 1 of 1985.

4 · The District Magistrate may, by an order, permit any person in respect of whom an order has been made under clause (a) of subsection (3) of section 3 to enter or return, for a temporary period, into or to the area from which he was directed to remover himself, subject to such conditions as the District Magistrate may specify and may at any time rescind any such permission.

5 · The district Magistrate may, after giving, except where for reasons to be recorded in writing he is satisfied that it is impracticable so to do, to the person concerned an opportunity of making a representation in that behalf, extend from time to time in the interest of the general public the period specified in the order made under section 3, but the period so extended shall in no case exceed two years in the aggregate.

6 · (1) Any person aggrieved by an order made under section 3, section 4 or section 5 may appeal to the Commissioner within fifteen days from the date of such order.

7 · (1) The District Magistrate or the Commissioner may for the purpose of—

1 · Subs. by sec. 4 (a) of U. P. Act no. 1 of 1985. (for Cr. PC 1898)

2 · Subs. by sec. 4(b) of U.P. Act no. 1 of 1985. (for s. 76 and Ss. 75 to 92)

8 · The District Magistrate or the Commissioner may for the purpose of satisfying himself as to whether the conditions necessary for the making or confirmation of an order under section 3 or section 5 exist or not, take into consideration any evidence which he considers to have probative value, and the provisions of the Indian Evidence Act, 1872, shall not apply.

9 · The District Magistrate or the Commissioner may at any time rescind an order made under section 3, whether or not such order was confirmed on appeal under section 6.

10 · Whoever contravenes any order made under section 3, section 4, section 5 or section 6 shall be punishable with rigorous imprisonment for a term which may extend to three years but shall not be less than six months, and shall also be liable to fine.

11 · (1) where, after an order is made against a person under section 3, section 4, section 5 or section 6 such person—

1 · Subs. by sec. 4 (b) of U. P. Act no. 1 of 1985. (for Ss. 120 to 122, 123-A, 124, 126, 126-A)

2 · Subs. by sec. 4 (b) of U. P. Act no. 1 of 1985. (for Ss. 513, 514 and 514-A).

12 · No Magistrate shall take cognizance of an offence punishable under section 10, except—

13 · No order made in exercise of any power conferred by or under this Act shall be called in question in any court.

14 · (1) No suit, prosecution or the legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or of any order made thereunder.

15 · (1) The State Government may by notification in the Gazette make rules for carrying out the purposes of this Act.

16 · The U. P. Control of Goondas Ordinance, 1970 is hereby repealed.

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