The Rajasthan Control of Goondas Act, 1975

Rajasthan Control of Goondas Act, 1975 
(Act No. 14 of 1975) 
[Received the assent of the President on the 26th day of March, 1975] 
Notification No. F. 2(19) Vidhi/75, dated 26.3.1975 (Published in Rajasthan 
Gazetted, Extraordinary., Part 4A, dated 26.3 1975, p. 269-281). 
An Act to make special provisions for the control and suppression of Goondas with 
a view to the maintenance of public order. 
 
1.  Short title, extent and commencement.  - (1) This Act may be called the 
Rajasthan Control of Goondas Act, 1975. 
(2) It extends to the whole of the State of Rajasthan. 
(3) It shall come into force at once. 
 
2.  Definition. - In this Act, unless there is anything repugnant in the subject or 
context— 
(a) (i) " Government" and " State" means the Government and State  of 
Rajasthan respectively. 
(ii) ["Tribunal"] means the tribunal appointed by the State Government. 
(iii) The "District Magistrate"  includes an Additional District Magistrate 
specially empowered by the State Government in that behalf. 
(iv) The " District" m eans the territorial division constituting the district for 
the purpose of the Code of Criminal Procedure, 1973. 
(v) "Police Station" means the place declared by the State Government to be a 
Police Station and includes any local area specified by the State Government. 
(vi) "Officer-in-charge of the Police Station " means the Officer -in-charge of 
Police Station being not below the rank of Sub-Inspector. 
(vii) "Code" means the Code of Criminal procedure, 1973 (Central Act No. 2 
of 1974). 
(b) "Goonda" means a person who :- 
(i) either by himself or as a member or leader of a gang, habitually commits, 
or attempts to commit, or abets the commission of, offences, punishable under 
Chapter XVI, Chapter XVII or Chapter XXII or the Indian Penal Code, 1860 
(Act XLV of 18 60) or under Sections 290 to 294 of the Indian Penal Code, 
1860; or 
(ii) has been convicted under the Suppression of immoral Traffic in Women 
and Girls [Act, 1956] (Act No. 104 of 1956); or 
(iii) has been convicted not less twice under the Rajasthan Excise  Act, 1950 
(Rajasthan Act No. 11 of 1950); or 
(iv) has been convicted not less than twice under the Opium Act, 1878 (Cental 
Act No. 1 of 1878); or 
(v) has been convicted not less than twice under Rajasthan Public Gambling 
Ordinance, 1949 (Rajasthan Ordinance No. 48 of 1949); or 
(vi) has been found habitual passing indecent remarks to or teasing women or 
girls; or 
(vii) has been found habitual in intimidatio n of law abiding people by acts of 
voilence or by show of force; or 
(viii) is habituated to commit affray or breach of peace, riot, or who is 
habituated to make forcible collection of subscription or threatening people 
for illegal pecuniary gain for himsel f or for others, or who is habituated to 
cause alarm danger, or harm to persons or property. 
Explanation—The words 'habitual' or 'habituated' wherever used in relation to 
a person in this clause means a person , who during a period within six months 
immediately preceding the commencement of an action under Section 3, has 
been found on not less than three occassions to have committed the offences 
or acts, as the case may be, referred to in sub-clauses (i), (vi) or (viii). 
 
3.  Externment etc. of Goondas  - (1) Where it appears to the District 
Magistrate: 
(a) that any person is goonda; and 
(b) (i) that his movements or acts in the district or any part thereof are causing, 
or are calculated to cause alarm danger or harm to persons or property; or 
(ii) that there are reasonable grounds for believing that he is engaged or about 
to engage, in the district or any part thereof, in the commission or abetment of 
any offence or act specified in sub -clause (i) to (viii) of clause (b) of Section 
2; and 
(c) that witness are  not willing to come forward to give evidence against him 
by reason of apprehension on their part as regards the safety of their person or 
property; the District Magistrate shall be notice in writing inform him of the 
general nature of the material allegat ions against him in respect of above 
clause (a), (b) and (c) and give him a reasonable opportunity of tendering an 
explanation regarding them. 
(2) The person against whom an order under this section is proposed to be 
made shall have the right to consult an d be defended by a counsel of his 
choice and shall be given a reasonable opportunity of examining himself, if he 
so desires, and also of examining any other witnesses or to produce any 
relevant document that he may wish to produce in support of his explana tion, 
unless for reasons to be recorded in writing, the District Magistrate is of 
opinion that the request is made for the purpose of vexation or delay. 
(3) Thereupon the District Magistrate on being satisfied that the conditions 
specified in clause (a), ( b) and (c) of sub -section (1) exist, may be order in 
writing— 
(a) direct him to remove himself outside the district, or part, as the case may 
be, such route, if any, and within such time as may be specified in the order, 
and to desist -from entering the dis trict or the specified part thereof until the 
expiry of such period not exceeding six months as may be specified in the 
order. 
(b) (i) require such person to notify his movements, or to report himself, or to 
do both, in such manner, at such time and to suc h authority or person as may 
be specified in the order, 
(ii) prohibit or restrict possession or use by him of any such article as may be 
specified in the order; 
(iii) direct him otherwise to conduct himself in such manner as may be 
specified in the order; until the expiration of such period, not exceeding six 
months as may be specified in the order. 
4.  Permission to return temporarily  - The District Magistrate may, by an 
order, permit any person in respect of whom an order has been made under 
clause (a) of  sub¬section (3) of Section 3 to enter or return, for a temporary 
period, into or to the area from which he was directed to remove himself, 
subject to such conditions as the District Magistrate may specify and may at 
any time rescind any such permission. 
 
5.  Extension of period of order.  - The District Magistrate may after giving, 
except where for reasons to be recorded in writing lie is satisfied that it is 
impracticable so to do, to the person concerned an opportunity of making a 
representation in that b ehalf, extend from time to time in the interest of the 
general public, the period specified in the order made under Section 3, the 
period so extended shall in no case exceed two years in the aggregate. 
 
6.  Appeal - Any person aggrieved by an order made un der Section 3, Section 4 
or Section 5 may appeal to the [Tribunal] within fifteen days from the date of 
such order. (2) The appellant or his counsel shall not be entitled to inspect or 
to be informed of any record which was not disclosed to him at the inqu iry, if 
any, held under Section 3. 
(3) The [Tribunal] may either confirm the order, with or without modification, 
or set it aside, and may, pending disposal or the appeal, stay the operation of 
the order subject to such terms, if any, as he thinks fit. 
 
7.  Recognizance for certain purpose.  - (1) The District Magistrate or the 
Tribunal may for the purpose of :  
(a) securing the attendance of any person against whom an order is proposed 
to be made Section 3 or has been made but its operation has been stayed under 
Section 6; or 
(b) securing the due observance of any direction requirement, prohibition, 
restriction or condition specified in an order made in respect of any person 
under Section 3, Section 4, Section 5 or Section 6, require such person to enter 
into a bond, with or without sureties, and the provisions of the Code shall 
mutatis mutandis apply in relation to such bond as they apply in relation to 
bonds executed or required to be executed under the said Code. 
(2) In particular and without prejudice to the generality of the foregoing 
provisions:— 
(a) The District Magistrate while issuing notice to any person under sub -
section (1) of Section 3 may issue a warrant for his arrest with endorsement 
thereon of a direction in terms of the provisions of Section 71 of the said Code 
and the provisions of Sections 70 to 86 and Sections 87 to 89 of the said Code 
shall, so far as may be, apply in relation to such warrant as if the District 
Magistrate were the court of a Magistrate; 
(b) If any person who is required to  execute a bond for the observance of any 
direction, requirement, prohibition, restriction or condition fails to do so, he 
shall be committed to person or, if he is already in prison, be detained in 
prison until the person for which the direction, requirem ent, prohibition, 
restriction or condition operate or until within such period he executes the 
bonds with or without sureties as the case may be. in terns of the order. and 
the provisions of Sec. 119 to 124 of the said Code shall mutatis mutandrs  
apply as if the District Magistrate or the Tribunal were the court of a 
Magistrate; 
(c) Section 445, 446, 447 and 448 of the said Code shall mutatis mutandis 
apply in relation to all bonds executed under this section as if the District 
Magistrate or the '[Tribunal] were the court of a Magistrate. 
8.  Nature of Evidence.  - The District Magistrate or the [Tribunal], may for the 
purpose of satisfying it self as to whether the conditions necessary for the 
making or confirmation of an order under Section 3 or section 6 e xist or not, 
take into consideration any evidence which he considers to have probative 
value, and the provisions of the Indian Evidence Act, 1872, shall not apply. 
 
9.  Rescission of order.  - The District Magistrate or the [Tribunal] may at any 
time rescind an order made under Section 3, whether or not such order was 
confirmed on appeal under Section 6. 
 
10.  Punishment for contravention of orders under Section 3 to 6  - Whoever 
contravenes any order made under Section 3, Section 4, Section 5 or Section 6 
shall be punishable with rigorous imprisonment for a term which may extend 
to three years but shall not be less than six months and shall also be liable to 
fine. 
 
11.  Forcible removal of external Goonda re -entering etc. in contravention of 
order - (1) Where, after an order is made against a person under Section 3, 
Section 4, Section 5 or Section 6, such person : 
(a) has failed to remove himself from the district or part thereof as directed by 
the order; or 
(b) has re -entered the area, from which he was order ed to remove himself 
during the period of operation of that order the District Magistrate may cause 
him to be arrested and removed in police custody to such place outside the 
area specified in the said order as he may direct. 
(2) Any officer-in-charge of the police station may arrest without warrant any 
person reasonably suspected of an act or omission specified in sub-section (1), 
and shall forthwith forward the person so arrested to the nearest Executive 
Magistrate who shall cause him to be forwarded to t he District Magistrate, 
who may thereupon cause the person to be removed in police custody to such 
place outside the area specified in the said order as he may direct. 
(3) The provisions of this section are in addition to and not in derogation of 
the provisions of Section 10. 
 
12. Cognizance of Offence  - No Magistrate shall take congnizance of an offence 
punishable under Section 10, except : 
(a) upon a report in writing of the facts constituting such offence made by an 
officer-in-charge of the police station; or 
(b) upon information received from any person other than an officer-in-charge 
of the police station or upon his own knowledge of suspicion, that such 
offence has been committed. 
13. Saving as to orders  - No order made in exercise of any power co nferred by or 
under this Act shall be called in question in any court. 
 
14. Protection of action taken under the Act  - (1) No suit, prosecution of order 
legal proceeding shall lie against any person for anything which is in good 
faith done or intended to b e done in pursuance of this Act or of any order 
made there under. 
(2) No suit or other legal proceeding shall lie against the State Government for 
any damage caused or likely to be caused by anything which is in good faith 
done or intended to be done in pu rsuance of this act or of any order made 
there under. 
 
15. Power to make rule  - (1) The State Government may by notification in the 
Gazetted make rules for carrying out the purposes of this Act. 
(2) All rules made under this Act shall, as soon as may after they are made, be 
laid before the House of the State Legislature, while it is in session, for a total 
period of not less than fourteen days extending in its one session or more than 
one successive sessions and shall, unless some later date is appointed, t ake 
effect from the date of their publication in the Gazetted subject to such 
modifications or annulments as the House of the State Legislature may during 
the said period agree to make; so however, that any such modification or 
annulment shall be, without prejudice to the validity of anything previously 
done thereunder. 
 
16.  Repeal and savings - (1) The Rajasthan Control of Goondas Ordinance. 1975 
(Ordinance No. 5 of 1975) is hereby repealed. 
(2) Notwithstanding the repeal of the said Ordinance under sub -section (1), 
anything done or any action taken or any rules made under the said Ordinance 
shall be .deemed to have been done, taken or made wider this Act. 
 
 
 
 
 
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