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The Himachal Pradesh Gift Goods (Unlawful possession) Act. 1968

Himachal Pradesh · state statute
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THE 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. 
___________ 
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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