UTTAR PRADESH GANGSTER AND ANTI-SOCIAL ACTIVITIES (PREVENTION) RULES, 2021

 

PREAMBLE

In exercise of the powers conferred by Section 23 of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986 (U.P. Act 7 of 1986) read with Section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act 1 of 1904) and in supersession of all Government Orders and, Notifications made under the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986 (U.P. Act 7 of 1986), except as respect things done or omitted to be done before such supersession, the Governor is pleased to make the following rules with a view to provide for a speedy and transparent procedure to punish gangsters, to establish an efficient recovery system in respect of property of gangsters and incidental benefits acquired by them through crimes and acts related therewith.

CHAPTER 1 GENERAL

Rule - 1. Short title and commencement.

(1)     These rules may be called the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021.

(2)     They shall come into force on the date of their publication in the Gazette.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires,

(a)      "Act" means the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986 (U.P. Act 7 of 1986);

(b)      "Base Cases" means the cases on the basis of which a gang-chart has been prepared with the intention of taking action against the gang under the Act;

(c)      "Code" means the Code of Criminal Procedure, 1973 (Act 2 of 1974);

(d)      "Competent Authority" means the authorities which have been duly authorized to sign the gang-chart;

(e)      "Form" means the form appended to these rules;

(f)       "Nodal Officer" means a police officer not below the rank of Deputy Superintendent of Police under the Police Act, 1861 (Act 5 of 1861) and the Uttar Pradesh Police Regulations, 1861 for the time being in force, designated by the district head of Police, the Commissioner of Police/Senior Superintendent of Police/Superintendent of Police, as the case may be, to prepare the gang chart under the Act;

(g)      "Penal Code" means the Indian Penal Code, 1860 (Act 45 of 1860);

(h)     "Worldly" includes illegal audacious acts done for the sake of temporal gratification.

(2)     Words and expressions used in these rules but not defined shall have the meanings respectively assigned to them under the Act.

CHAPTER 2 RULES FOR THE LIABILITY OF GANGS

Rule - 3. Conditions of criminal liability.

(1)     The offences mentioned in sub-sections (i) to (xxv) of clause (b) of Section 2 of the Act shall be punishable under the Act only if they are

(a)      committed for disturbing public order; or

(b)      committed by causing violence or threat or display of violence, or by intimidation, or coercion or otherwise, either singly or collectively, for the purpose of obtaining any unfair worldly, economic, material, pecuniary or other advantage to himself or to any other person.

Rule - 4. Presence at the scene of incident or direct participation in the incident not necessary.

(1)     Presence at the scene of incident or direct participation in the incident is not necessary:. For committing the criminal act defined in clause (b) of Section 2 of the Act, if any person organizes the whole gang or abets or aids the gang leader or member of that gang or provides protection and shelter to any such person, with the knowledge that the person in question is a gang leader or member of a gang or involved in committing/aiding/abetting a criminal act, before or after the commission of such activity, then such a person shall also be liable under the provisions of the Act even though the whole gang had not participated in the incident at the time of commission of the said incident or was not present at the scene of the incident.

(2)     It is not necessary to commit any offence together: For a person to be a member of a gang under the Act, it is not necessary for him to have committed any offence together with all the members of the said gang. If a member of that gang has committed any offence which comes within the purview of the Act, along with any other member or gang leader, they may be presumed to be a gang:

Provided that no such person shall be included in gang who has committed a few offences, which do not come within the purview of the Act, along with a member three years or earlier.

(3)     Subsequent Prosecution Sanction: If the evidence collected during the investigation also reveals evidence regarding the involvement of any person in the gang against whom the gang-chart is not approved, then the charge sheet can be sent to the Special Court after obtaining prosecution sanction from the concerned Commissioner of Police/District Magistrate/Senior Superintendent of Police/Superintendent of Police.

CHAPTER 3 PRINCIPALS RELATED TO GANG CHART

Rule - 5. General Rules.

(1)     To initiate proceedings under this Act, the concerned Incharge of Police Station/Station House Officer/Inspector shall prepare a gang-chart mentioning the details of criminal activities of the gang.

(2)     The gang-chart will be presented to the district head of police after clear recommendation of the Additional Superintendent of Police mentioning the detailed activities in relation to all the persons of the said gang.

(3)     The following provisions shall be complied with in respect of gang-charts

(a)      The gang-chart will not be approved summarily but after due discussion in a joint meeting of the Commissioner of Police/District Magistrate/Senior Superintendent of Police/Superintendent of Police.

(b)      There may be no gang of one person but there may be a gang of known and other unknown persons and in that form the gang-chart may be approved as per these rules.

(c)      The gang-chart shall not mention those cases in which acquittal has been granted by the Special Court or in which the final report has been filed after the investigation. However, the gang-chart shall not be approved without the completion of investigation of the base case.

(d)      Those cases shall not be mentioned in the gang-chart, on the basis of which action has already been taken once under this Act.

(e)      A separate list of criminal history, as given in Form No.4, shall be attached with the gang-chart detailing all the criminal activities of that gang and mentioning all the criminal cases, even if acquittal has been granted in those cases or even where final report has been submitted in the absence of evidence.

Along with the above, a certified copy of the gang register kept at the police station shall also be attached with the gang-chart. In addition to the above, the information of crime and gang members mentioned in the gang-chart will also be updated on Interoperable Criminal Justice System (ICJS) portal and Crime and Criminal Tracking Network System (CCTNS).

Rule - 6. Relevant Provision of the Act to be specifically mentioned.

(1)     While preparing the gang-chart, it shall be clearly mentioned if the alleged act of the gang falls within the purview of clause (b) of Section 2 of the Act along with the relevant provision.

(2)     If the Investigating Officer makes an endorsement to the effect that the accused is causing panic, alarm or terror in public, then evidence shall be collected in this regard.

Rule - 7. Charges mentioned in the earlier gang-chart not to be made the basis of charges in the new gang-chart.

(1)     If action has been taken against a gang in the past under the Act and at present a new gang has been formed by the member or gang leader of such gang which has changed its criminal territory or is indulging in new criminal activities, then while preparing the new gang-chart, any crime mentioned in the earlier gang-chart shall not be mentioned in the existing gang-chart; and if crime is being committed by changing the gang, with new members or with new gang, then this fact should be clearly mentioned in the abstract of the gang-chart.

(2)     In addition to the above, a list of criminal history may be attached separately.

Rule - 8. Stating unconfirmed or false information is prohibited.

(1)     The Incharge of Police Station/Station House Officer/Inspector shall not mention the cases as Part Trial or Partial Trial (PT)without ascertaining the up-to-date status of the cases in the gang-ghart.

(2)     No unconfirmed or false information shall be entered in the gang-chart.

(3)     The latest status of the cases against the gang, which are being shown in the gang-chart, regarding their pendency in the Special Court, the convictions or the stage at which they are in the Court, must be clearly mentioned.

(4)     The responsibility of recording the correct and true information shall lie on the concerned Incharge of Police Station/Station House Officer/Inspector.

(5)     On discovering an adverse situation, the Incharge of Police Station/Station House Officer/Inspector shall be held liable for negligence under departmental and criminal proceedings.

Rule - 9. Supporting records regarding Section 4 of the Act.

(1)     All the criminal cases against the gang leader and all the members of the gang, whether they are from different police stations of the district concerned or they are of other districts, in which action has been taken under the National Security Act, 1980 (Act 65 of 1980), Sections 107, 108, 109, 110 of the Code, the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (Act 46 of 1988), Uttar Pradesh Control of Goondas Act, 1970 (U.P. Act 8 of 1971) or any expulsion order shall be clearly mentioned in the gang-chart and a certified copy of the order taken under the aforesaid Acts shall be attached with the gang-chart; and if such action is taken subsequently, it may be entered during the course of the investigation or trial, as the case may be.

(2)     All India criminal database of Crime and Criminal Tracking Network System (CCTNS) and Interoperable Criminal Justice System (ICJS) shall also be used by the concerned Incharge of Police Station/Station House Officer/Inspector in the collection of criminal history and criminal activities of the accused.

Rule - 10. Records of Base Cases.

(1)     Along with gang chart, the certified copy of the charge sheet and recovery memo shall be attached compulsorily.

(2)     Where the accused is not named in the First Information Report and document discloses the way in which his name came to light and if something has been recovered, a certified copy of the recovery memo shall be attached.

Rule - 11. Present Status of Witness and Accused.

(1)     If any witness has turned hostile, it will also be clearly mentioned in the summary of gang-chart.

(2)     In the concerned column of gang-chart, the present status of all the accused, whether they are presently in jail or on bail or absconding, shall be clearly mentioned.

Rule - 12. Responsibility in relation to entries.

(1)     All the cases to be mentioned in the gang-chart will be mentioned after verifying the crime number, relevant section of the Act and the police station, carefully.

(2)     A list of all criminal acts of the gang leader and members of the gang and the details as to whether Final Report has been filed in those cases or whether they have been acquitted by the Special Court shall be authentically prepared by the concerned Station In-charge/Station House Officer/Inspector with his signature and seal in manner given in Form No.3 of these rules along with the gang-chart; and it shall be attached separately with the gang-chart. A note shall be mentioned in the gang-chart that the list of all the criminal acts of the gang leader and members is attached separately. If action has been taken against the gang or its member in the past under this Act, then that will also be mentioned in the said list.

(3)     The latest status of the cases against the gang being shown in the gang-chart, whether they are currently pending in the Special Court or whether it is regarding conviction of the gangsters, will be mentioned.

(4)     The concerned Station In-charge/Station House, Officer/Inspector, after thoroughly matching and confirming all the forms attached with it and after being satisfied in that regard, shall forward the gang-chart to the concerned Circle officer/Additional Superintendent of Police/Additional Commissioner of Police.

(5)     The correctness and reliability of the entries and facts in the gang chart shall be ensured by a police officer not below the rank of the Circle Officer who has prepared the gang-chart.

Rule - 13. Specific statement of offences committed for economic, material and temporal or similar other benefits.

While writing the abstract below the gang-chart and particulars separately with the gang-chart, the particulars of those offences shall be specifically mentioned

(i)       which have been committed for pecuniary, materialistic and temporal or similar benefits; or

(ii)      which disturb the public order; or

(iii)     which are a ground for detention under the National Security Act, 1980 (Act 65 of 1980).

Rule - 14. Provision in respect of newly added offences.

The gang-chart on the offences added vide the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) (Amendment) Act, 2015 (U.P. Act 14 of 2016) can be prepared only if they are committed after 20th January, 2015; otherwise they cannot be included in the gang-chart though they may be shown and accompanied with gang chart in the list of criminal history in the manner given under Form No. 3 of these rules.

Rule - 15. Arbitrary selection of gang/member of gang prohibited.

(1)     There should not be a situation of arbitrary selection against any gang under this Act.

(2)     If action is not to be taken against any member of a gang who has committed a criminal act in association with the said gang, then in such a case clear and reasonable grounds for not mentioning his name in the gang and gang-chart shall be recorded with reasons and evidences.

(3)     The final decision as to whether to include or not to include the name of member of a gang in the gang and gang-chart shall be at the discretion of the Commissioner of Police/District Magistrate.

Rule - 16. Forwarding of Gang-Chart.

The following manner shall be followed in the forwarding of Gang-Chart:

(1)     Forwarding of the gang-chart by the Additional Superintendent of Police: The Additional Superintendent of Police will not only take a quick forwarding action in the case but he will duly peruse the gang-chart and all the attached forms; and when it is satisfied that there is a just and satisfactory basis to pursue the case, only then will he forward the letter along with the recommendation given below on the gang-chart to the Superintendent of Police/Senior Superintendent of Police.

'Throughly studied the gang-chart and attached evidence. The basis of action under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 exists. Accordingly, forwarded with recommendation."

(2)     Forwarding of the gang-chart by the district police in-charge: When the gang-chart along with all the Forms is received by the Senior Superintendent of Police/Superintendent of Police with the clear recommendation of the Additional Superintendent of Police, he will also thoroughly analyze all the facts and when it is confirmed that all the formalities of the Act have been fulfilled and there is a legal basis for taking action in the case, then he should forward the gang-chart to the Commissioner of Police/District Magistrate stating that: "I have duly perused the gang-chart and attached forms and I am fully satisfied that all the particulars mentioned in the case are correct and there is a satisfactory basis for taking action under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. Accordingly, approved."

(3)     Resolution of the Commissioner of Police/District Magistrate: When the gang-chart is sent to the Commissioner of Police/District Magistrate along with all the Forms, all the facts will also be thoroughly perused by the Commissioner of Police/District Magistrate and when he is satisfied that the basis of action exists in the case, then he will approve the gang-chart stating therein that: "duly perused the gang-chart and attached Forms in the light of the evidence attached with the gang-chart satisfactory grounds exist for taking action under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The gang-chart is approved accordingly."

It is noteworthy that the words written above are only illustrative. There is no compulsion to write the same verbatim but it is necessary that the meaning of approval should be the same as the recommendations written above, and it should also be clear from the note of approval marked.

Rule - 17. Use of independent mind.

(1)     The Competent Authority shall be bound to exercise its own independent mind while forwarding the gang-chart.

(2)     A pre-printed rubber seal gang-chart should not be signed by the Competent Authority; otherwise the same shall tantamount to the fact that the Competent Authority has not exercised its free mind.

Rule - 18. Format of the Gang Chart.

Gang Chart shall be sent only in the manner as given in Form No. 1 of these rules.

CHAPTER 4 RULES REGARDING SANCTION OF INVESTIGATION AND PROSECUTION SANCTION

Rule - 19. Investigation to be done by different Police Station.

(1)     After getting the approval from the Commissioner of Police/District Magistrate and subsequently after the registration of the case under the Act in the concerned police station, the investigation will be done by the Station In-charge/Station House Officer/Inspector of a different police station, and not necessarily from the police station concerned.

(2)     In the investigation, all concerned or the Station House Officer or the Inspector-in-Charge, as the case may be, shall be bound to provide all the requisite co-operation to the investigator.

Rule - 20. Further investigation.

(1)     During the investigation under the Act, being carried out by the Station In-Charge/Station House Officer/Inspector of another police station, in relation to the criminal cases registered against the gang, evidence as to the following shall be specially collected

(i)       who is involved in those crimes; and

(ii)      what were the elements of economic, material, worldly benefits or what were the elements of disintegration of public order.

(2)     In addition to the above, a certified copy of the sentence and if the charge has resulted in acquittal, the grounds for the said acquittal shall be clearly mentioned in the investigation.

(3)     On completion of investigation and before the charge sheet or final report is sent to the Court, the documents of the said investigation shall be sent to the concerned prosecutor by the Additional Superintendent of Police.

The prosecutor will apply his independent mind on the said documents to rectify the errors of investigation and if he finds that the case deserves to be sent to the Court, he will record a separate report and send it to the Additional Superintendent of Police.

(4)     The Additional Superintendent of Police after being fully satisfied that solid, credible and logical evidence in the case under the Act has been compiled as per the intention of the Act, will forward the aforesaid report to the Senior Superintendent of Police/Superintendent of Police for sanction.

Rule - 21. Records relating to sub-clause (Hi) of clause (b) of Section 2 of the Act.

If evidence related to possession of any land, etc. is required, then the entries of that revenue record such as Khasra, Khatauni and map of such land shall be prepared and included in the investigation.

Rule - 22. Criminal history not mandatory and sections of the Act can be imposed in the course of investigation.

(1)     A single act/omission will also constitute an offence under the Act, and First Information Report may be registered on the basis of a single case i.e., it is not mandatory that any criminal history must be recorded and alleged before registering an offence under the Act.

(2)     The Act may also come into force on a single prosecution in certain class of cases, such as if it appears that the gang has committed a single offence mentioned in Sections 302, 376-D, 395, 396 or 397 of the Penal Code out of the offences mentioned in sub-clause (i) of clause (b) of Section 2 of the Act or sub-clauses (ii), (iii), (v), (vii), (x), (xii), (xiv), (xv), (xvii), (xviii), (xix), (xx) or (xxi) of clause (b) of Section 2 of the Act, which is presently under investigation, and the offence under this Act is being proved by collected evidence, then along with the criminal act under consideration, the gang-chart should also be approved by the concerned Commissioner of Police/District Magistrate involved in the investigation of the said offence and the provisions of the Act can be imposed while investigating both the offences together in accordance with the provisions of the Act. Further, the charge sheet can be sent to the Special Court constituted under the Act.

Rule - 23. Records relating to sub-clause (xvii) of clause (b) of Section 2 of the Act.

(1)     If action is to be taken under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 (Act 1 of 1956) along with this Act; then it should be ensured that the transportation of bovine animals is being done outside the State of Uttar Pradesh or the accused has been apprehended in slaughtering or selling beef or the accused slaughters or causes to be slaughtered or produces or causes to be produced for. slaughter.

(2)     If the offences mentioned in sub-rule (1) above fall within the scope of the objects of the Act, only then it may be brought under the scope of the Act.

Rule - 24. Expeditious Investigation.

(1)     The investigation of any offence under the Act shall, as far as possible, be completed within six months.

(2)     In unavoidable circumstances, after the approval of the district police in-charge, a maximum extension of three months can be provided.

(3)     In no case, can the investigation be extended for more than one year.

Rule - 25. Details of accused and witness.

(1)     The Investigating Officer shall, only after ascertaining the name and address (permanent and temporary) of each accused, enter the same in the charge sheet.

(2)     The Investigating Officer shall clearly enter the name of the witnesses, full permanent and present address, Personal Number (PNO), telephone number, mobile number; and what is to be proved from that witness in the course of the Act shall also be mentioned in the charge-sheet in front of the witness column.

Rule - 26. Approval of district police in-charge.

(1)     On receipt of the oral and documentary evidence collected in the case diary, the Commissioner of Police/Senior Superintendent of Police/Superintendent of Police shall again duly peruse ail the facts.

(2)     Before submitting the charge sheet in the Court, the approval of the district police in-charge shall be mandatory.

Rule - 27. Act not applicable to minor generally.

If the accused are minors, and their age is less than 18 years, then they should not be included in the gang-chart:

Provided that if the act of a juvenile falls under the category of offences mentioned in Rule 22 and his age is more than 16 years, then action can be taken against him under the relevant provisions of the Act, subject to the decision of the District Level Supervision Committee mentioned in Rule 64.

Rule - 28. Compliance with instructions to be binding.

For taking action under this Act against the gang, the instructions of the Government and District Police-in-charge and the Special Court and the Public Prosecutor conducting the offences of the Act, whether it is about ensuring the attendance of witnesses in the Court or the filing of affidavits or para-wise reply at the time of bail, the Investigating Officer and the Station House Officer (SHO) of the police station concerned or the Inspector-In-charge will not take the said instructions informally, nor will he be negligent for the same, otherwise he shall be personally liable for the said act.

CHAPTER 5 GENERAL RULES REGARDING REMAND AND BAIL

Rule - 29. Accused to be produced directly before the Special Court.

The provision of direct cognizance of offences punishable under the Act in the Special Court has been made under the Act, so the accused of this Act will be produced directly in the Special Court.

Rule - 30. Judicial Custody and Police Custody Remand.

If the accused is in judicial custody, his judicial custody remand can be obtained for sixty days at a time, and if within these sixty days police custody remand is required for due conclusion of the investigation then police custody remand can also be obtained.

Rule - 31. Police officer's presence at the time of remand.

At the time of first remand of the accused and on every subsequent date, the concerned Investigating Officer himself shall be present in the Special Court along with the complete case diary.

Rule - 32. Responsibility for submission of para-wise comments.

It shall be the responsibility of the concerned Investigating Officer to make available the relevant para-wise comments according to law and facts, on the writ petitions filed in the High Court and on the bail applications of the accused arrested under the Act, to the Prosecutor/Government Advocate in a time bound manner.

Rule - 33. Action on bail application.

(1)     Bail applications shall be filed directly in the Special Court established under the Act.

(2)     The Public Prosecutor shall be given a proper opportunity of getting the documents etc. from the police station and opportunity of being heard in such applications.

Rule - 34. Rules regarding bails.

(1)     Bail under the Act shall be granted only if the Special Court is satisfied, after hearing, that the requirements mentioned in sub-section (4) of Section 19 of the Act are being fulfilled.

(2)     While granting bail, suitable conditions may also be imposed by the Special Court.

Rule - 35. Non-grant of interim bail.

In no case shall interim bail be granted for an offence triable under the Act.

CHAPTER 6 RULES RELATING TO ATTACHMENT OF PROPERTY ACQUIRED AS A RESULT OF OFFENCE

Rule - 36. Through investigation of the property of the gang and the source of its acquisition.

(1)     In every case it is necessary that the movable and immovable property of the gangster and the source of its acquisition should be duly investigated.

(2)     In such investigation, adequate information should be collected through the Committees constituted under Rule 64 of these rules.

(3)     A report shall be compulsorily sent under Section 14 of the Act along with the details and documentary evidence of entire property for confiscation thereof.

(4)     In the report for the attachment of property in favour of the State, to be sent to the District Magistrate under Section 14 of the Act, a detailed description of the known sources of income of the gangster, his ancestral property and the property acquired by the gang by committing the offences mentioned under the Act, including the collected evidence of benami transactions made by the gangster, shall be submitted after due enquiry of his properties, and a copy of the order of attachment of the gangster's property passed by the Commissioner of Police/District Magistrate shall also be included in the investigation.

Rule - 37. Attachment of Gangster's Property.

(1)     Under Section 14 of the Act, the concerned Investigating Officer, investigating under the Act, shall be responsible for sending a report to the Police Commissioner/District Magistrate for attachment after scrutinizing the property of the gangster.

(2)     If it is discovered later that the gangster has acquired the property as a result of commission of an offence and proceedings for attachment Under Section 14 of the Act have not been carried out after due enquiry of the gang's property and the report has not been sent to the Court of the Commissioner of Police/District Magistrate by the concerned Station In-charge/Station House Officer/Inspector investigating under the Act, it may be presumed that the concerned public servant has deliberately not sent the report of confiscation of gang property and he shall be responsible for the same.

(3)     Attachment of gangster's property can be carried out even before the case is registered under the Act:

Provided that at that time any criminal case enumerated in sub-clauses (i) to (xxv) of clause (b) of Section 2 of the Act has been registered against the accused and the property has been acquired by causing such offence.

(4)     The burden of proving that the property attached has not been acquired by committing an offence under the Act, and the burden to show the lawful source of acquisition of property shall be on the accused whose property in question is attached.

Rule - 38. Report of Attachment of Gangster's Property.

In cases in which proceeding have been carried out under this Act, as soon as the charge sheet has filed, the report of attachment of gangster's property under Section 14 of the Act shall be sent to the Commissioner of Police/District Magistrate through the Superintendent of Police, and if the same has not being sent, then along with the charge sheet, the Senior Superintendent of Police/Superintendent of Police will be informed in writing as to the reason for not taking action.

Rule - 39. Register of Section 14.

A register shall be maintained in the office of the Commissioner of Police/District Magistrate, in which the date of registration of each seizure report shall be recorded and other relevant details shall also be recorded.

Rule - 40. Representation through Advocate.

The person aggrieved by the attachment proceedings can present his case personally or through an Advocate before the District Magistrate.

Rule - 41. Scrutiny of Documents.

The Commissioner of Police/District Magistrate may designate on his behalf any of the Gazetted Officers working under him, to examine the documents.

Rule - 42. Camera Proceeding.

The Commissioner of Police/District Magistrate may, on his own initiative or at the request of one of the parties, direct that the hearing shall be wholly or partly an in-camera proceeding.

Rule - 43. Representation for release of property.

(1)     In each property release representation, in addition to all the particulars of the incident, a list of evidence and witnesses being presented in support of the representation, the then market value of the property and records of the property shall also be presented. Each representation shall be made on Form No.5 of these rules.

(2)     The representation brought before the Commissioner of Police/District Magistrate should be filed in typed and printed or neatly written three sets of copies and the said representation shall be signed by the applicant or its representative.

(3)     If the Commissioner of Police/District Magistrate is of the view that the representation is in accordance with the provisions of the rules, he shall cause the representation to be numbered and entered in the register maintained for the said purpose

Rule - 44. Service of notice.

(1)     At any hearing of a property release on a representation, the Commissioner of Police/District Magistrate may serve a notice to a party by name in Form No. 6 of these rules.

(2)     The notice given in sub-rule (1) may be served on the person concerned by any of the following means

(a)      by the claimant or opposition, as the case may be;

(b)      by manual delivery through the bearer carrier;

(c)      by registered post or speed post;

(d)      by e-mail, in the event of the e-mail address being available;

(e)      through publication in newspapers;

(f)       by placing on the spontaneous visual part of the various folk places of the district concerned.

Rule - 45. Hearing of representation.

(1)     When all the formalities for hearing the case are complete, the Commissioner of Police/District Magistrate shall fix the date of hearing.

(2)     The Commissioner of Police/District Magistrate shall provide an opportunity of hearing to the parties.

(3)     The Commissioner of Police/District Magistrate may conduct on-site inspection of the scene, if found necessary in any case. He may also nominate any legal adviser and expert for on-site inspection during such inspection.

Rule - 46. Production of witnesses.

(1)     The Commissioner of Police/District Magistrate may, on his own initiative or at the request of any party, decide to hear any witness as well as any person whose evidence or statement is likely to be helpful in the disposal of the case.

(2)     In relation to the submission of witnesses, experts or other persons at the hearing, notice shall be given to the person giving a reasonable time as per Form No. 7 of these rules.

(3)     The notice will mention the names, addresses of those persons and the date and time fixed for hearing.

(4)     The Commissioner of Police/District Magistrate may, on his own initiative or at the request of a person appearing before it, order the hearing to be held in-camera.

Rule - 47. Evidence of a witness to be recorded on oath.

Every witness shall put his evidence on oath before the Commissioner of Police/District Magistrate.

Rule - 48. District Magistrate may put necessary questions.

The Commissioner of Police/District Magistrate may put all such necessary questions to the parties, witnesses, experts and their representatives in the case which he finds reasonable and expedient for the disposal of the representation, and he shall record the said questions in the statements.

Rule - 49. Evidence may be limited.

(1)     The Commissioner of Police/District Magistrate may refuse to admit evidence which he considers irrelevant or without probative value.

(2)     The Commissioner of Police/District Magistrate may also limit oral evidence if he is of the view that sufficient evidence has been adduced and the evidence to be presented further has been presented with the intention of causing unreasonable delay and defeating the objects of justice.

Rule - 50. Disclosure of documents and perusal of records.

(1)     The provisions relating to the Code of Civil Procedure, 1908 (Act 5 of 1908) in relation to discovery and disclosure of a documents shall apply in relation to the Act and these rules.

(2)     The Commissioner of Police/District Magistrate may, at any stage of the proceedings, invoke discovery and disclosure of documents or other such evidence as he deems necessary.

(3)     The Commissioner of Police/District Magistrate may arrange for any other measure of enquiry which he considers necessary.

(4)     In respect of the copies of records sought by the parties and the perusal of the records by someone other than the Prosecutor representing the State, the party seeking such records or perusal thereof will have to deposit such fees as may be prescribed by the Commissioner of Police/District Magistrate.

Rule - 51. Certified copy of decision.

(1)     The original of each decision shall be filed in the Judicial Record Room of the Commissioner of Police/District Magistrate concerned.

(2)     The Commissioner of Police/District Magistrate shall provide a certified copy of the decision to each party on receipt of the fee fixed by the District Level Supervision Committee.

Rule - 52. Case shall not abate in case of death of accused.

In case of death of any party at any stage of the proceeding, the matter shall not abate and it shall prevail in relation to the property belonging to the money in question on or against the legal representative, administrator, executor, agent of the deceased.

Rule - 53. Inquiry regarding release of property by Special Court.

(1)     After the case is referred by the Commissioner of Police/District Magistrate, while conducting the inquiry regarding property of the gangster by the Special Court, adequate opportunity of being heard and opportunity of cross-examination shall be given to the Public Prosecutor to ascertain his case and the correctness of the records submitted by the claimant.

(2)     Notwithstanding anything to the contrary contained in any other law for the time being in force, the burden of proving that the property in question or any part thereof has not been acquired as a result of any criminal act provided in the Act, shall lie on the person claiming the property.

(3)     Where the Special Court is passing the order to release the property, the date of release of the property shall be fixed only after a minimum period of thirty days, in case the State preferred an appeal etc. before High Court.

(4)     Except where there are unavoidable circumstances, the Special Court shall obtain an undertaking from the claimant of property released that he will neither sell, donate or mortgage the said property till the period of disposal of the appeal, etc. against the release order by the State nor will he transfer it in some other way.

CHAPTER 7 RECORDS RELATED TO GANGS AND THEIR PUBLICATION

Rule - 54. Gang Register and publication of gang records on ICJS Portal.

(1)     A gang register will be kept in the format as given in Form-2 of these rules at each police station wherein the details of all the gangsters operating in the police station area, the criminal cases registered against them, and the updated status and results thereof shall be mentioned.

(2)     The details of the recovery of the property and the property acquired by the gang after committing the offences mentioned in the Act shall also be entered along with attachment and confiscation proceedings thereof.

(3)     In order to keep the gang register up to date, the Inspector-In-charge of the concerned police station and the Head Constable of the concerned police station will be jointly responsible. It shall be regularly supervised by the Circle Officer and Additional Superintendent of Police, Superintendent of Police/Senior Superintendent of Police/Commissioner of Police and appropriate instructions/comments can be endorsed on the gang register at the time of each orderly room.

(4)     In addition to the above, all the pillars of Inter-Operable Criminal Justice System (ICJS) i.e. Court, Prosecution, Police and Prison Department will upload all the proceedings carried out by their Department against all such gangs and criminals on their relevant Departmental Portal on real time basis. Its regular supervision shall be ensured by the Nodal Officer of ICJS nominated at the State level. He shall provide the monthly report to the Home Department of the Government by the 07th of every month.

(5)     The gang-chart of all the gangs operating in the police station area will be prepared and approved by the concerned Commissioner of Police/District Magistrate/Senior Superintendent of Police/Superintendent of Police and will be kept at the police station. It will not be necessary that the gangsters must necessarily be residents of the police station area or commit crimes in that police station area itself.

(6)     The final outcome of other criminal cases registered against the gang in the criminal trial already prevailing against the said gang under this Act or any other Act shall be informed to the Special Court along with documentary evidence through the Public Prosecutor appointed in that Court, the responsibility of which shall be jointly on the Inspector-In-charge of the concerned police station/Station House Officer and the Head Constable of the concerned police station and the Pairokar of the police station.

CHAPTER 8 GENERAL RULES OF TRIAL

Rule - 55. Trial in local jail.

In the trial of cases under the Act, in view of the facts and circumstances of the case, on the application of the Public Prosecutor or if it is considered expedient or desirable by the Special Court itself, the Special Court may conduct the trial in local jail in accordance with provisions of Section 6 of the Act.

Rule - 56. Proceeding through video conferencing.

On the request of the Public Prosecutor, even in the proceedings under Section 309 of the Code, the attendance of the accused can be ensured through video conferencing and the proceedings of the trial can be executed through his Advocate in his absence.

Rule - 57. Trial of Base Cases.

It shall be the responsibility of the Inspector-In-charge/Station House Officer/Inspector concerned and the Investigator, as the case may be, to submit an application through the Public Prosecutor in the concerned Special Court for the trial of Special Court to have precedence over trial of base cases under any other Act in accordance with the provisions of Section 12 of the Act.

Rule - 58. Cases shall not be disposed of for want of evidence.

The cases instituted under the Act shall not be disposed of in want of evidence without executing all the processes and coercive processes (bailable warrants/non-bailable warrants, notices issued under Section 350 of the Code) on the witnesses.

Rule - 59. Presumption of approval order of the District Magistrate.

The approval order of the District Magistrate oh gang-chart not need to be proved, its execution shall be presumed.

Rule - 60. Certified copies shall be primary evidence.

Notwithstanding anything to the contrary contained in any other Act, in the trial of cases under this Act the criminal cases included in the gang-chart and the FIRs mentioned in the list can proved by the Officer certifying the certified copy of the charge sheet. No original form shall be required for the same and the facts contained in the Forms so proved shall be deemed to be proved unless it is rebutted by any evidence to the contrary.

CHAPTER 9 PROTECTION OF VICTIM, WITNESS, SPECIAL JUDGE AND PROSECUTOR

Rule - 61. Day-to-day Trial.

After the commencement of evidence in cases under the Act in the Special Court, the trial shall not be adjourned without special reasons recorded in writing by the Special Court.

Rule - 62. Protection of Witnesses.

(1)       During all proceedings under the Act, the Special Court may take steps to keep the identity and address of the witness confidential, either suo moto or on the request of the Public Prosecutor.

(2)       During its supervision and review by the Committees constituted under Rule 64, action will be taken to ensure compliance of the Witness Protection Scheme, 2018 and the instructions regarding witness protection in force for the time being.

Rule - 63. Security of Special Judge and Public Prosecutor.

The concerned Commissioner of Police/Senior Superintendent of Police/Superintendent of Police shall be responsible for providing proper security to the Special Judge and Public Prosecutor working under this Act.

CHAPTER 10 SUPERVISION OF AFFAIRS

Rule - 64. Supervision by three-tier Committees.

The following three-tier Committees shall be constituted in relation to the regular supervision and review of any proceedings under the Act and the disposal and management of their ancillary matters:

(1)     District Level Supervision Committee

(a)      Every quarter, the action taken under this Act, including the proceedings under Section 14 of the Act and the cases decided, shall be compulsorily reviewed by the District Level Supervision Committee;

(b)      Essentially, the police officers who have filed a case under the Act and who are doing the investigation will be present with all the case diaries and information.

(c)      The said District Level Supervision Committee will be constituted as under

(i)       Commissioner of Police/District Magistrate Chairman

(ii)      District Police In-charge, Senior Superintendent of Police/Superintendent of Police Vice President

(iii)     Additional Superintendent of Police/Circle Officer - Nodal Officer

(iv)    Joint Director Prosecution Member Secretary

(v)      Public Prosecutor of the Gangster Act Member;

(d)      Minutes of the decisions taken and the review made in the said District Level Supervision Committee will be prepared by the Judicial Assistant/Confidential Assistant and sent to the Divisional Level Supervision Committee and the Home Department of the Government as soon as possible with the signature of the Chairman;

(e)      In addition to the above, the said Committee shall have the authority to get the properties of any gang or criminals investigated by any appropriate institution and to issue all such orders so that such gangs or criminals cannot get the benefit of any government services, business, contracts, leases, State schemes, etc. and if such benefit has been received by them, then the same should be recovered. The compliance of the Witness Protection Scheme, 2018 and the instructions related to witness protection in force for the time being shall also be ensured by this Committee.

(2)     Divisional Level Supervision Committee

(a)      The Divisional Level Supervision Committee shall consider the quarterly review report of the District Level Supervision Committee and the action taken by it under this Act, including the proceedings under Section 14 of the Act;

(b)      The cases decided by the District Level Supervision Committee will be compulsorily reviewed by the Divisional Level Supervision Committee in every six months;

(c)      In the review meeting of the said Committee, the Nodal Officer of the concerned district will necessarily be present with relevant information;

(d)      The said Divisional Level Supervision Committee will be constituted as under

(i)       Divisional Commissioner Chairman

(ii)      Inspector General of Police/Joint Commissioner of Police (Crime) -Vice President/Nodal Officer

(iii)     Additional Director Prosecution Member Secretary

(iv)    Officer of the local body of the Divisional Headquarters (Municipal Commissioner/Executive Officer) Member

(v)      Regional Lead Branch Manager of National and Private Bank Member

(vi)    Senior most officer of Income Tax Department Member

(vii)   Senior most officer of the GST/Sales Tax Business Tax Department Member;

(e)      In addition to reviewing the criminal cases, the said Committee will provide proper information to the Investigating Officers regarding the activities related to the property acquired by the gangster under the Act and share the relevant information with all the concerned at the divisional level;

(f)       Minutes of the decisions taken and the review done in the Divisional Level Supervision Committee will be prepared and sent to the Home Department of the Government as soon as possible with the signature of the Chairman;

(g)      In addition to the above, the said Committee shall have the authority to get the properties of any gang or criminals investigated by any appropria(sic) institution and to issue all such orders so that such gangs or criminals cannot get the benefit of any government services, business, contracts, leases; State schemes, etc. and if such benefit has been received by them, the same should be recovered. The compliance of the Witness Protection Scheme, 2018 and the instructions related to witness protection in force for the time being shall also be ensured by this Committee.

(3)     State Level Supervision Committee

(a)      The State Level Supervision Committee shall supervise the Divisional Level Supervision Committee and District Level Committees half-yearly and make policy after considering their reports regarding punishment of criminals and disposal of their illegal properties in favour of the State;

(b)      The State Level Supervision Committee will be constituted at the State level to take appropriate action as follows

(i)       Additional Chief Secretary, Home Chairman

(ii)      Principal Secretary, Justice/Legal Adviser Vice President

(iii)     Director General of Police Vice President

(iv)    Director General, Prosecution Member Secretary

(v)      Head of State of National and Private Bank Member

(vi)    Senior most officer of Income Tax Department Member

(vii)   Senior most officer of GST/Sales Tax Business Tax Department Member;

(c)      In addition to the above, the said Committee shall have the authority to get the properties of any gang or criminals investigated by any appropriate institution and issue all such orders so that such gangs or criminals cannot get the benefit of any government services, business, contracts, leases, State schemes, etc. and if such benefit has been received by them, the same should be recovered. The compliance of the Witness Protection Scheme, 2018 and the instructions related to witness protection in force for the time being shall also be ensured by this Committee.

Rule - 65. Right to withdraw prosecution.

(1)     The District Level Supervision Committee shall have the right to expunge the cases which have been wrongly initiated and are under process before the registration of the First Information Report. It will also have the right to recommend appropriate action against the wrongdoer.

(2)     With regards to the cases which have been sent to Special Courts and are pending for trial, if any allegation is found to be baseless after review, then the District Level Supervision Committee will have the right to recommend to the State Government to withdraw it.

Rule - 66. Training.

In order to ensure effective performance of duties, excellent investigation of offences provided under the Act and to ensure better prosecution, the Investigators and Prosecutors working under the Act should, be given training time to time under the direction of the Additional Chief Secretary, Home in any such institution as the Director General of Prosecution considers appropriate.

Rule - 67. Protection of action taken in good faith.

No suit, prosecution or legal proceeding shall lie against the Government or any person authorized by the Government in respect of anything which is in good faith done or intended to be done in pursuance of the Act or these rules.

 

FORM NO. 1

Format of Gang-Chart

Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021

(See Rule 18)

Name of Gang Leader________S/D of_______Address-Vill.

______Mohalla______Police Station_______District_______

Note(i) The details of criminal history is at Annexure I(ii) Dossier of the accused is at Annexure-2 Sir, it is requested that gang leader A along with his co-accused members C, E, G is forming an organized criminal gang which is active at district/inter-district/inter-state level. By this gang on...............(Example - Murdered Mr. 'A' in a crowded crowd in order to capture his land and ran away from the spot while firing from the spot.) After being released on bail in this case, the gang leader A and co-accused member E (Example - while attempting to kill 'B' an eyewitness to the murder of Mr. A, shot him at.........on the date.........so that Mr. B's evidence against the gang in the trial fixed couldn't testify.

After that, the said gang on...............on the date............-while going back after witnessing from the court...........................-the plaintiff sued at the place due to which there is an atmosphere of fear and panic in the public and normal life has become disturbed. People ran away from their homes due to the rapid firing. Public order was disturbed. The bail obtained earlier by the gang Further crime has been committed in violation of this gang, the activity of this gang is inter-generational, due to fear and panic, in many criminal cases registered against them, the witnesses have denied the prosecution story itself, leading to many cases. Due to the lack of evidence in the cases, the final report was taken and the cases were dropped due to the ambiguity of some witnesses. The criminal act committed by the said gang is covered by sub-sections (i) to (twenty-five) of Section 2(b) of the Gangs Act. Which is an offence punishable under Section 3 of the Ganging and Anti-Social Activities (Prevention) Act, 1986. Therefore, please approve the proposed gang chart, so that action can be taken against the gang.

 

FORM NO. 2

Format of Gang Register Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021

(See Rule 53)

 

FORM NO. 3

Criminal history to be attached as Addenda Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021

(See Rule 12)

DOSSIER

 

(1) ................................................................................

(2) ................................................................................

Inspector in charge

Station

District

Date:

 

FORM NO. 4

Representation of Release of Property Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021

(See Rule 42)

APPLICATION

PART A

(1)     Particulars of the Applicant

(1)     Name and address

(2)     Aadhar number

(3)     Telephone number

(4)     E-mail address

(2)     Particulars and Present Status of Respondent/Respondents:

(3)     Value of property and details of application fee

(1)     Value of the property:

(2)     The details of the fee for the application:

(4)     Name and address of the bank on which the draft is drawn:

No. of Demand Draft...............and the branch................on which it is payable.

(5)     Particulars of the property

property site

(6)     No. of First Information Report

(7)     Police Station

(8)     District-Brief description of the event: Under section

Versus

Proprietorship or authority form Type of property All particulars of the property Current Estimated Market Value of the Property

Any other particulars which the claimant or applicant may wish to bring to the notice evidence regarding limitation of claim

(9)     Date of First Information Report (copy attached for evidence)

 

CASE TITLE

PART B

Application Index

Signature of Applicant

Pledge under Oath

Signature of Applicant

For office use

Claim filing date

Claim Registration Number

Signature of District Magistrate

 

PART-C

Before the District Magistrate,

District..

Parties a, b

(Claimant) (Applicant)

Vs

sd

(Opposition) (Respondent)

(1)     No Suit is pending in any other court on similar facts and relief (this fact should be clearly mentioned that if any similar claim has been made in the past for similar facts and relief or if any suit, proceeding, petition is pending in any court. If yes, then attach the details of the above and if it has been disposed of, a certified copy of that order.)

(2)     Date of cause of action

(3)     If there is any delay in the claim, the grounds of delay condonation thereof

(4)     Jurisdiction of the District Magistrate (Make a clear statement regarding the jurisdiction of the District Magistrate to hear the case.)

(5)     Details of the names, age, father's name, residence, police station, district and other entries of The witnesses intended to be called for evidence by the claimant.

(6)     Cost of actions taken by authorities and police in preventive and other proceedings of property (for use only by state authorities and police officers)

(7)     Facts of the incident according to the serial date/dates, the facts will be clearly described in different paragraphs, as far as possible, separate issue points or facts etc. should be mentioned in each paragraph.

(8)     (a) Relief sought and its nature

(b) Grounds of relief

(9)     List of Enclosures

That the contents of paragraph ......................................................................................................................................................................of the affidavit are true to my personal knowledge, those of paragraph no............................................................................................................................................................................................. are based on perusal of record, those of paragraph no................................................................................................................................................... are based on information received and those of paragraphs no............................................................................are based on legal advise, which I believe to be true. That no part of it is false and nothing material has been concealed in it.

So help me GOD

(DEPONENT)

Name-

Education-

Permanent Address-

 

FORM NO. 5

Format for Register of Section 14 Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021

(See Rule 38)

 

FORM NO. 6

Form of notice to the parties Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021

(See Rule 43)

Notice to the parties

Sender

District Magistrate,

District..

Uttar Pradesh

..................... name, of the parties) ..................... status of the claimant/respondent)............................... (address........................(whereas it appears to me that to establish your claim (for claimant)..................(Summary of claim)................to give the answer of charges on merit (in case of respondent) your presence is necessary. You are hereby required to appear in person before this Court on the ...............day............month..................year herein, without fail.

Date-

Signature

(Seal of District Magistrate)

 

FORM NO. 7

Form of notice to witnesses Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021

(See Rule 45)

Summon for the Witness Sender-District Magistrate

................................place)

............................ Name

Whereas the claim has been made before me that....................(address of)..............(Name of the Respondent).........(mention time and place with summary of the incident) has acquired (or suspects that he has) property (description) from money acquired by criminal acts (or suspected to have) and it appears to me that you are likely to give material evidence or to produce any document or other thing in the favour of claim.

Therefore, you are hereby summoned to appear before this Court on the day..... next at ten o'clock in the forenoon, to produce such document or thing or to testify what of.... you know concerning the matter of the said complaint, and not to depart thence without leave of the Court, and you are hereby warned that, if you shall without just excuse neglect or refuse to appear on the said date, a warrant will be issued to compel your attendance.

Date Seal of District Magistrate

(Signature)