The Himachal Pradesh Gift Goods (Unlawful possession) Act. 1968
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH GIFT GOODS (UNLAWFUL
POSSESSION) ACT, 1968
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Unlawful possession of gift goods.
4. Offences under the Act to be cognizable.
5. Power to amend Schedule.
6. Repeal and savings.
THE SCHEDULE.
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THE HIMACHAL PRADESH GIFT GOODS (UNLAWFUL
POSSESSION) ACT, 1968
(ACT NO. 13 OF 1969)
1
(Received the assent of the President on the 18 th April, 1969, and was
published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 29 th May,
1969, pp. 375-378).
An Act to provide for the punishment of the offence of unlawful possession
of the gift goods supplied by certain organisations.
B
E it enacted by the Legislative Assembly of Himachal Pradesh in the
Nineteenth Year of the Republic of India as follows:-
1. Short title, extent and commencement .- (1) This Act may be called
the Himachal Pradesh Gift Goods (Unlawful Possession) Act, 1968.
(2) It extends to the whole of Himachal Pradesh.
(3) It shall come into force at once.
2. Definitions .- In this Act, unless there be anything repugnant in the
subject or context,-
(1) "gift goods" means any of the goods supplied, b y way of gift, by
any relief organisation to any State Government or the
Government of any Union territory or the Central Government or
any other person on behalf of such Government;
(2) "relief organisation" means any organisation sp ecified in the
Schedule appended to this Act;
1. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated 30 th November, 1968, p. 1176.
2 THE HIMACHAL PRADESH GIFT GOODS (UNLAWFUL POSSES SION) ACT, 1968
(3) "State Government" means the Government of Hima chal
Pradesh; and
(4) "notification" means notification published und er proper
authority in the Rajpatra, Himachal Pradesh.
3. Unlawful possession of gift goods .- If any person is found, or is
proved to have been, in possession of any gift good s reasonably suspected of
being stolen or unlawfully obtained and cannot acco unt satisfactorily how he
came by the same, he shall be punishable with impri sonment for a term which
may extend to two years, or with fine, or with both.
4. Offences under the Act to be cognizable .- (1) Notwithstanding
anything contained in the Code of Criminal Procedur e, 1898, (5 of 1898) an
offence under this Act shall be a cognizable offence within the meaning of that
Code.
(2) No Court below that of the Magistrate of the First Class shall try an
offence under this Act.
5. Power to amend Schedule .- (1) The State Government may, by
notification, add any organisation to, or omit any organisation from, the Schedule,
and on the publication of such notification, such organisation shall be deemed to
be included in, or as the case may be, omitted from, the Schedule.
(2) Every notification issued under this section shall be laid, as soon as
may be after it is issued, before the Legislative Assembly of Himachal Pradesh
while it is in session, and if, before the expiry of the session in which it is so laid
or the session immediately following, the Legislative Assembly agrees in making
any modification in the notification or agrees that the notification should not be
issued, the notification shall thereafter have effect only in such modified form or
be of no effect, as the case may be, so, however, t hat any such modification or
annulment shall be without prejudice to the validity of anything previously done
under that notification.
6. Repeal and savings .- (1) The Punjab Gift Goods (Unlawful
Possession) Act, 1963 (24 of 1963), as in force in the territories added to
Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of
1966), is hereby repealed.
(2) Notwithstanding the repeal of the Act under sub-section (1), anything
done or any action taken, including any order passed or any notification issued in
exercise of the powers conferred by or under the said Act, shall, to the extent of
being consistent with the provisions of this Act, b e deemed to have been done,
taken, passed or issued in exercise of the corresponding powers conferred by or
under this Act.
THE SCHEDULE
1. United Nations International Children Emergency Fund (UNICEF).
2. Co-operative for American Relief Everywhere (CA RE).
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