The UTTAR PRADESH CONTROL OF GOONDAS ACT, 1970

INDEX 
1-Short title and extent 
2-Definitions 
3-Externment, etc. of Goonda 
4-Permission to return temporarily 
5-Extension of period of order 
6-Appeal 
7-Recognizance for certain purposes 
8-Nature of evidence 
9-Rescission of order 
10-Punishment for contravention of orders under 
sections 3 to 6 
11-Forcible removal of externed Goonda re-entering, etc. 
in contra-vention of order 
12-Cognizance of offence 
13-Savings as to orders 
14-Protection of action taken under the Act 
15-Power to make rules 
16-Repeal U.P. Ordinance no. 15, 1970 
  
326 
 THE UTTAR PRADESH CONTROL OF GOONDAS ACT, 
19701 
                         [U. P. Act No.  8 of 1971] 
Amended by 
U. P. Act No.  1 of 1985 
U. P. Act No.  13 of 2016 
 [Passed in Hindi by the Uttar Pradesh Legislative Council on 
December 15, 1970 and by the Uttar Pradesh Legislative Assembly on 
December 24, 1970.  
 Received the assent of the President on January 13, 1971, 
under Article 201, of the Constitution of India and was published in 
the Uttar Pradesh Gazette Extraordinary, dated January 18, 1971.] 
  
 
 
 
     
                                         AN 
                                        ACT 
to make special provisions for the  Control and Suppresession of 
Goondas with a view to the Maintenance of Public Order.  
   IT is hereby enacted in the Twenty-first Year of the Republic of 
India as follows : 
Short title and 
extent 
 
 
1. (1) This Act may be called the Uttar Pradesh Control of 
Goondas Act, 1970. 
(2) It extends to the whole of Uttar Pradesh. 
Definitions  2. In this Act, unless the context otherwise requires— 
(a) “District Magistrate” includes an Additional District 
Magistrate specially empowered by the State Government in that 
behalf : 
 2[(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 an offences punishable under section 153 or 
section 153-B or section 294 of the Indian Penal Code or 
Chapter XV, Chapter XVI, Chapter XVII or Chapter XXII of the 
said Code ; or  
 (ii) has been convicted for an offence punishable under 
the Suppersession of Immoral Traffic in Women and Girls Act, 
1956 ; or  
(iii) has been convicted not less than thrice for an offence 
punishable under the U. P. Excise Act, 1910 or the Public 
Gambling Act, 1867 or section 25, section 27 or section 29 of 
the Arms Act, 1959 ; or   
 (iv) is generally reputed to be a person who is desperate 
and dangerous to the community ; or 
(v) has been habitually passing indecent remarks or teasing 
women or girls ; or] 2 
—————————————————————————————————————————— 
1. For Statement  of  Objects and Reasons see Uttar Pradesh Gazette Extraordinary dated May 15, 1970. 
2. Subs. by sec.  2 of U. P. Act no. 1 of 1985. 
[The Uttar Pradesh Control of Goondas Act, 1970]  
328 
 1[(vi) is a tout ; 
Explanation— ‘‘Tout’’ means a person who— 
 (a) accepts or obtains, or agrees to accept or attempts to obtain 
from any person for himself or for any other person, any gratification 
whatever as a motive or reward for inducing, by corrupt or illegal means 
any public servant or member of Government, Parliament or of State 
Legislature, to do or forbear to do anything or to show favour or disfavor 
to any person or to render or attempt to render any service or disservice 
to any person, with the Central or State Government, Parliament or 
State Legislature, any local authority, corporation, Government 
Company or public servant ; or  
 (b) procures, in consideration of any remuneration moving from 
any legal practitioner interested in any legal business, or proposes to 
any legal practitioner or to any person interested in legal business to 
procure, in consideration of any remuneration moving from either of 
them, the employment of legal practitioner in such business ; or  
 (c) for the purposes mentioned in explanation (a) or (b), frequents 
the precincts of civil, criminal or revenue courts, revenue or other 
offices, residential colonies or residences or vicinity of the aforesaid or 
railway or bus stations, landing stages, lodging places or other places of 
public resort ; or 
 (vii) is a house grabber. 
Explanation— ‘House-grabber’ means a person who takes or 
attempts to take or aids or abets in taking unauthorized possession or 
having lawfully entered unlawfully remains in possession, of a building 
including land, garden, garages or out-houses appurtenant to a 
building.]1  
 2[(viii) is involved in offences punishable under the Regulation of 
Money Landing Act, 1976 ; 
(ix) is involved in offences punishable under the Unlawful 
Activities (Prevention) Act, 1966 and the Indian Forest Act, 1927 ; 
 (x) is involved in illegally transporting and/or smuggling of cattle 
and indulging in acts in contravention of the provisions in the 
Prevention of Cow Slaughter Act, 1955 and the Prevention of Cruelty to 
Animals Act, 1960 ; 
 (xi) is involved in human trafficking for purposes of commercial 
exploitation, forced labour, bonded labour, child labour, sexual 
exploitation, organ removing and trafficking, beggary and the like 
activities.]2    
Externment, 
etc. of 
Goondas  
3. (1) Where it appears to the District Magistrate— 
(a) that any person is a Goonda ; and  
—————————————————————————————————————————— 
1. Ins. by sec.  2 (b) (vii) of  U. P. Act no. 1 of 1985. 
2. Ins. by sec.  2  of  U. P. Act no. 13 of 2016. 
[The Uttar Pradesh Control of Goondas Act, 1970]  
330 
 (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 
 1[(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 of an offence referred to in sub-clauses (i) to (iii) of clause 
(b) of section 2, or in the abetment of any such offence ; and ] 
                                           (c) that witnesses 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 by notice in writing inform him of 
the general nature of the material allegations against him in respect of 
clauses (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 and 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 that he may wish to produce in support of his explanation, 
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 clauses (a), (b) and (c) of sub-section (1) exist, 
may by order in writing— 
  2[(a) direct him to remove himself outside the area within the 
limits of his local jurisdiction or such area and any district or districts 
or any part thereof, contiguous thereto, by such route, if any, and within 
such time as may be specified in the order and to desist from entering 
the said area or the area and such contiguous district or districts or part 
thereof, as the case may be from which he was directed to remove 
himself until the expiry of such period not exceeding six months as may 
be specified in the said 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 such 
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 expiry of such period, not exceeding six months as may 
be specified in the order. 
 
—————————————————————————————————————————— 
1. Subs. by sec.  3 (a) of U. P. Act no. 1 of 1985. 
2. Subs. by sec.  3 (b) of U. P. Act no. 1 of 1985. 
[The Uttar Pradesh Control of Goondas Act, 1970]  
332 
Permission 
to return 
temporarily  
4. 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 remover himself, subject to 
such conditions as the District Magistrate may specify and may at any 
time rescind any such permission.  
Extension of 
period of 
order  
5. The district Magistrate may, after giving, except where for 
reasons to be recorded in writing he is satisfied that it is impracticable 
so to do, to the person concerned an opportunity of making a 
representation in that behalf, extend from time to time in the interest of 
the general public the period specified in the order made under section 
3, but the period so extended shall in no case exceed two years in the 
aggregate.  
Appeal  6. (1) Any person aggrieved by an order made under section 3, 
section 4 or section 5 may appeal to the Commissioner 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 
inquiry, if any, held under section 3.  
 (3) The Commissioner may either confirm the order, with or 
without modification, or set it aside, and may, pending disposal of the 
appeal, stay the operation of the order subject to such terms, if any, as 
he thinks fit.  
Recognizance 
for certain 
purposes  
7. (1) The District Magistrate or the Commissioner may for the 
purpose of— 
(a) securing the attendance of any person against whom an order 
is proposed to be made under 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 [Criminal Procedure, 1973]1, 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]2 of the said Code, and the provisions of [sections 70 to 85] 
and 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 a Court ; 
—————————————————————————————————————————— 
1. Subs. by sec.  4 (a)  of  U. P. Act no. 1 of 1985. (for Cr. PC 1898) 
2. Subs. by sec. 4(b) of U.P. Act no. 1 of 1985. (for s. 76 and Ss. 75 to 92) 
[The Uttar Pradesh Control of Goondas Act, 1970]  
334 
 (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 prison or, if he is 
already in prison, be detained in prison until the period for which 
the direction, requirement, prohibition, restriction or condition is to 
operate or until within such period he executes the bond with or 
without sureties, as the case may be, in terms of the order, and the 
provisions of 1[sections 119 to 121, 123 and 124] of the said Code 
shall mutatis mutandis apply as if the District Magistrate or the 
Commissioner were a court ; 
 (c) 2[section 445 to 447] of the said Code shall mutatis 
mutandis apply in relation to all bonds executed under this section 
as if the District Magistrate or the Commissioner were a Court.  
Nature of 
evidence  8. The District Magistrate or the Commissioner may for the 
purpose of satisfying himself as to whether the conditions necessary 
for the making or confirmation of an order under section 3 or section 
5 exist 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.  
Rescission of 
order   9. The District Magistrate or the Commissioner may at any 
time rescind an order made under section 3, whether or not such 
order was confirmed on appeal under section 6.   
Punishment for 
contravention of 
orders under 
sections 3 to 6 
10. 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.  
Forcible removal 
of  externed 
Goonda  
re-entering, etc. 
in contra-vention 
of order 
11. (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 as 
directed by the order ; or  
(b) has re-entered the area, from which he was ordered 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 police officer 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 
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.  
 
—————————————————————————————————————————— 
1. Subs. by sec.  4  (b) of  U. P. Act no. 1 of 1985. (for Ss. 120 to 122, 123-A, 124, 126, 126-A) 
2. Subs. by sec.  4 (b) of  U. P. Act no. 1 of 1985. (for Ss. 513, 514 and 514-A). 
[The Uttar Pradesh Control of Goondas Act, 1970]  
336 
Cognizance 
of offence 12. No Magistrate shall take cognizance of an offence punishable 
under section 10, except— 
(a) upon a report in writing of the facts constituting such offence 
made by a police officer ; or   
 (b) upon information received from any person other than a 
police officer, or upon his own knowledge or suspicion, that such offence 
has been committed.  
Savings as to 
orders  13. No order made in exercise of any power conferred by or 
under this Act shall be called in question in any court.  
Protection of 
action taken 
under the 
Act  
14. (1) No suit, prosecution or the legal proceeding shall lie 
against any person for anything which is in good faith done or intended 
to be done in pursuance of this Act or of any order made thereunder. 
 (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 pursuance of this 
Act or of any order made thereunder.  
Power to 
make rules  15. (1) The State Government may by notification in the Gazette 
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 each 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, take effect from the date of their 
publication in the Gazette subject to such modifications or annulments 
as the two Houses of the 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.  
Repeal 
 
U.P. 
Ordinance 
no. 15, 1970 
16. The U. P. Control of Goondas Ordinance, 1970 is hereby 
repealed.   
 
 
 

‹ Prev All Uttar Pradesh acts Next ›