UTTAR PRADESH CONTROL OF
GOONDAS RULES, 1970[1] (1)
These rules may be called the
Uttar Pradesh Control of Goondas Rules, 1970. (2)
They shall come into force at
once. In these rules- (a)
"the Act" means the
Code of Criminal Procedure, 1898; (b)
"the Ordinance" means
the Uttar Pradesh Control of Goondas Act, 1970, and reference to sections shall
be construed as references to sections of the Act; (c)
"Schedule" means the
Schedule to these rules, and references to Forms shall be construed as
references to Forms set out in the Schedule. (1)
Action under sub-section (1) of
Section 3 will not ordinarily be taken by the District Magistrate except on
information in writing received from the Superintendent of Police or the
District Magistrate in-charge of a sub-division or on information in writing
received from, two respectable citizens of the locality in which the person to
be proceeded against is ordinarily resident or is active. It will not be
necessary for the District Magistrate to disclose the identity of the
informants and particulars from which such identity can be ascertained to the
person proceeded against but only the general nature of the, material
allegations shall be intimated to such person. (2)
Before initiating action on
information received from a private individual the District Magistrate shall
ordinarily cause secret inquiries to be made in order to ensure that the
information given is not motivated by private grudge. The notice under
sub-section (1) of Section 3 shall, as far as may be, conform to Form 1. The procedure laid down in
Chapter VI of the Code for service of summons shall apply mutatis mutandis, to
the service of notice to a person under sub-section (1) of Section 3 and to the
service of any order passed under Section 3 (3), Section 4, Section 5, or
Section 6 and the reference in that Chapter to" a court" shall be
construed as references to the District Magistrate or the Commissioner acting
under the Act While making an order
under sub-section (3) of Section 3, the District Magistrate may ordinarily
require or direct the person affected by the order- (a)
to notify his movements to the
Officer in charge of the Police Station (whether in same district or any other
district within or outside Uttar Pradesh) nearest to his residence for the time
being or to report himself to the said officer at such time and place as may be
directed by such officer but not more than once in a day; (b)
to observe the prohibition to
restriction about possession or use by him of any Lathi, Fire-arm, sharp-edged
weapon, any intoxicant, liquor, opium, Ganja, Charas or Bhang; (c)
not to be present within a
specified distance from any specific educational institution, religious place,
Mela, Hat, Bazar, Cinema house or place of public entertainment such as public
officer on pay days; (d)
in case the Goonda removes
himself outside Uttar Pradesh, also to inform the District Magistrate who made
the order of his address at fortnightly intervals. (1)
The officer in charge of the
Police Station referred to in rule 6 (if in Uttar Pradesh) shall send a
fortnightly report to the District Magistrate who made the order and the
Superintendent of Police of that district about the movements of the person to
whom a direction has been issued under clause (b) of sub-section (3) of Section
3 and the action, if any, taken with regard to his movements. (2)
Where the Goonda removes himself
outside Uttar Pradesh the District Magistrate and the Superintendent of Police
shall make a request to their respective counterparts of the district to which
he has so removed himself to instruct the officer in charge of the Police
Station concerned to make a like report The District Magistrate
may make an order under Section 4 in case of death, marriage or serious illness
of a parent, wife, child, brother or sister of the person against whom an order
has been made under clause (a) of sub-section (3) of section 3 or for enabling
him to appear before a court or authority in obedience to its notice, summons
or warrant, or for other compelling reasons. The District Magistrate
while making an order referred to in rule 8, shall ordinarily lay down the
following conditions, namely: (i)
that he shall maintain good
behaviour during the period of the order, (ii)
that he shall report his arrivals
and departures from the city, town or village to the officer in charge of the
police station within whose area he is allowed to return. The following
circumstances shall ordinarily be considered as sufficient to render the giving
of an opportunity under section impracticable: (i)
where the person concerned fails
to comply with any requirements under clause (a) or clause (d) of Rule 6; or (ii)
if his whereabouts are not known. The District Magistrate
may, while making an order of extension of the period specified in the order
made under Section 3, take into consideration the following factors, namely:- (i)
the conduct of the person
concerned during the period of the enforcement of the order under Section 3; (ii)
any fresh material that may be
produced or brought to the notice of the District Magistrate The person making a
representation under Section 5 shall have no right to be represented through
the counsel but the District Magistrate in his discretion may entertain any
representation through counsel any member of his family. An attested copy of an
order made under Section 3, Section 4 or Section 5 shall be supplied to the
person against whom it is made. A memorandum of appeal
under Section 6 shall contain precise grounds of objections to the order
appealed against and shall be accompanied by an attested copy of the said
order. While making an order of
stay under sub-section (3) of Section 6 the Commissioner shall ordinarily
require the person concerned to execute a bond under Section 6 for securing
that he shall conduct himself during the period of the operation of the said
order peaceably and be of good behaviour. A bond securing the
attendance of any person who has appeared before the District Magistrate in
response to a notice or warrant of arrest and against whom an order is proposed
to be made under section 3 shall be in Form II. A bond securing the
attendance of any person in whose favour the operation of an order under
Section 3 has been stayed under Section 6 shall be in Form HI. A bond referred to
in clause (b) of sub-section (1) of Section 7 shall be in Form IV. A warrant of arrest
referred to in clause (a) of sub- Section (2) of Section 7 shall be in Form V. A bond securing the
attendance of any person who been brought before the District Magistrate in
execution of the warrant of arrest issued against him under clause (a) of
sub-section (2) of Section 7 shall be in Form VI. A warrant of commitment
referred to in clause (b) of sub-section (2) of Section 7 of a person who is
not already in prison shall be in Form VII. A warrant of commitment
referred to in clause (b) of sub- section (2) of Section 7, of a person who is
already in prison shall be in Form VIII. For the purposes of
Section 8 the following circumstances may also be taken to have probative
value: - (i)
that the person concerned was
acquitted of any offence punishable under all or any of the provisions
mentioned in clause (b) of Section 2 merely on technical grounds or on benefit
of doubt being given to him; (ii)
that the person concerned has
previously been bound down under Section 107, Section 108 Section 109 or
Section 110 of the Code. The District Magistrate or
the Commissioner may for the purpose of rescinding an order under Section 3 in
exercise of his power under Section 9, take into consideration any of the
following factors: - (i)
that the person concerned has
shown improvement in his behaviour; (ii)
that there is ground to believe
that the original order of externment or restrictions was not necessary; (iii)
that it would otherwise be in the
public interest to rescind the same. The District Magistrate
shall arrange to maintain such registers as he may be (Erected from time to
time by the State Government. [1] Published in U.P. Gazette, Extraordinary, dated 9th
September, 1970, p. 7-13, vide Notification No. 4475-P/VIII-kha-I-655-P-70,
dated 9th Sept., 1970UTTAR PRADESH CONTROL OF GOONDAS RULES, 1970