Rajasthan Control Of Goondas Act, 1975

Section 1

[Short title, extent and commencement - (1) This Act may be called the Rajasthan Control of Goondas Rules, 1975. (2) They shall come into force from the date of its publication in the Official Gazetted.

Section 2

Definition - In these rules - (a) "the Act" means the Rajasthan Control of Goondas Act, 1975 and reference to sections shall be construed as references sections of the Act. (b) "Schedule" means the Schedule to these rules, and reference to forms shall be construed as references to Forms set out in the Schedule.

Section 3

[Requirement for action under sub-section (1) of Section 3 of the Act] - (1) Action under sub-section (1) of Section 3 of the Act [shall not ordinarily] be taken by the District Magistrate except on information in writing received from the Superintendent of Police of the district or Magistrate in charge of 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 information given is not motivated by private grudge.

Section 4

[Notice under sub-section (1) of Section 3 of the Act] - The notice under subsection (1) of Section 3 of the Act shall be, confirm to Form-1.

Section 5

[Procedure for service of summons] — The procedure laid down in Chapter VI of the [Code of Criminal Procedure, 1973] for service of summons shall apply Mutatis Mutandis, to the service of notice to a person under sub-section (1) of Section 3 of the Act and to the service ,of any order passed under Section (3), Section 4, Section 5 or Section 6 of the Act and the references in that Chapter to "Court" shall be construed as references to the District Magistrate or the "Tribunal" action under the Act.

Section 6

[Order by the District Magistrate] — While making an order under subsection (3) of Section 3 of 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 the same district within or outside Rajasthan) 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 or any blunt or sharp edged wapon, or fire-arm; or any intoxicant liquor, or opium, Ganja, Charas or Bhang, or any explosive or inflamable article or aerated water bottles. (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 park, restaurants and hotels, or around any Government Building. (d) in case the Goonda removes himself outside Rajasthan also to inform the District Magistrate who made the order, of his address at fortnightly intervals. Note—The list is only illustrative, and the restrictions and prohibitions to be imposed in each case should be adapted to the circumstances of the case including the character and type of the Goonda and the nature of menace posed by him.

Section 7

[Report by the officer-in-charge of the Police station] — (1) The officerin¬charge of the Police Station referred to in Rule 6 (if in Rajasthan) shall send a fort-nightly 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 of the Act and action if any, taken with regard to his movements. (2) Where the Goonda removes himself outside Rajasthan, the District Magistiate and Superintendent of Police shall make a request to their respective counter-parts 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.

Section 8

[Permission to return temporarily] — The District Magistrate may make an order under Section 4 of the Act in case of death, marriage or serious illness of 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 of the Act or for enabling him to .appear before a Court of authority in obedience to its notice, summons or warrant or for other compelling reasons.

Section 9

[Conditions for permission to return temporarily] — 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 order. (ii) that he shall report his arrivals and departures from the city, town or village or Dhani to the Officer-in-charge of the Police Station within whose areas he is allowed to return.

Section 10

[Circumstances where giving of an opportunity under Section 5 impracticable] — The following circumstances shall ordinarily be considered as sufficient to render the giving of an opportunity under Section 5 of the Act 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 where abOuts are not known.

Section 11

[Circumstances for extension of period of order] — The District Magistrate may, while making an order of extension or the period specified in the order made, under Section 3 of the Act 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 of the Act. (ii) Any fresh material that may be produced or brought to the notice of the District Magistrate.

Section 12

[Representation through counsel — The person making a representation under Section 5 of the Act shall have no right to be represented through the counsel but the District Magistrate in his discretion may entertain any representation through counsel or through any member of his family.

Section 13

[Supply of copies] — An attested copy of an order made under section 3, Section 4 or Section 5, of the Act shall be supplied to the person against whom it is made.

Section 14

[Memorandum of appeal] — A memorandum of appeal under Section 6 of the Act shall contain precise grounds of objections to the order appealed against and shall be accompanied by a attested copy of the said order :

Section 15

[Execution of bond at the time of making stay order] — While making an order of stay under sub-section (3) of Section 6 of the Act, the Tribunal shall ordinarily require the person concerned to execute a bond under Section 7 of the Act for securing that he shall conduct himself during the operation of the said order peaceably and be of good behaviour.

Section 16

[Bond for attendance of person under Section 3 of the Act] — 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 of the Act shall be in Form II.

Section 17

[Bond for attendance of person who has filed appeal under section 6 of the Act] — A bond securing the attendance of any person in whose favour the operation of an order under Section 3 of the Act has been stayed under Section 6 of the Act shall be in Form III.

Section 18

[Bond under clause (b) of sub-section (1) of Section 7 of the Act] — A bond referred to in clause (b) of sub-section (1) of Section 7 of the Act shall be in Form IV.

Section 19

[Warrant of arrest] — A warrant of arrest referred to in clause (a) of sub-section (2) of Section 7 of the Act shall be in Form V.

Section 20

[Bond for attendance under clause (a) of sub-section (2) of Section 7 of the Act] — A bond securing the attendance of any person who has 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 of the Act shall be in Form VI.

Section 21

[Warrant of commitment of person not in prison] — A warrant of commitment referred to in clause (b) of sub-section (2) of Section 7 of the Act, of a person who is not already in prison shall be in Form VII.

Section 22

[Warrant to commitment of person in prison] — A warrant of commitment referred to in clause (b) of sub-section (2) of Section 7 of the Act, of a person who is already in prison shall be in Form VIII.

Section 23

[Circumstances of probative value under Section 8 of the Act] — For the purpose of Section 8 of the Act, the following circumstances may also be taken to have probative value that the person concerned was acquitted of any offence punishable under all or any of the provisions mentioned in clause (b) of Section 2 of the Act 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.

Section 24

[Rescission of the order] — The District Magistrate or the Tribunal may for the purpose of rescinding an order under Section 3 of the Act in exercise of its power under Section 9 of the Act, 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.

Section 25

[Maintenance of register] — The District Magistrate shall arrange to maintain such registers as he may be directed from time to time by the State Government.