GOONDAS ACT 1923:
1.
SHORT TITLE
AND LOCAL EXTENT
2. DEFINITIONS
3. REPORT BY
COMMISSIONER OF POLICE OR DISTRICT MAGISTRATE
4. ISSUE OF
WARRANT ON RECEIPT OF REPORT
5. STATE
GOVERNMENT TO PLACE REPORTS BEFORE ADVISING JUDGES.
6. ORDER OF
REMOVAL BY THE STATE GOVERNMENT
7. EVASION OF
ORDERS.
8. IDENTIFICATION
ORDERS
9. PENALTY FOR
BREACH OF ORDER UNDER SECTION 6
10. PENALTY FOR
BREACH OF AN ORDER UNDER SECTION 8 OR FOR ABSCONDING TO EVADE AN ORDER UNDER
SECTION 6.
Bengal Act 1 of 1923 [28th
February, 1923.]
An Act to provide for the control of certain Goondas residing in,
or frequenting Calcutta or the neighbourhood of Calcutta, and for their removal
elsewhere.
Whereas it is expedient to provide for the control of certain
goondas within Calcutta and neighbourhood of Calcutta and to provide for their
removal elsewhere in certain circumstances;
And Whereas the previous sanction of the Governor General has been
obtained under sub-section (3) of section 80A of the Government of India Act to
the passing of this Act;
It is hereby enacted as follows:-
1.
Short title and local extent.-
(1) This Act may be called the Goondas Act, 1923.
(2) It extends
to the whole of [West Bengal.]
2. Definitions.- In this Act -
(2) "Calcutta" means the town of
Calcutta as defined in section 3 of the Calcutta Police Act, 1866, together
with the suburbs of Calcutta as defined by notification under section 1 of the
Calcutta Suburban Police Act, 1866, and the Port of Calcutta as defined by
notification under section 5 of the Indian Ports Act, 1908;
(3) "Commissioner of Police"
means the officer vested with the administration of police in Calcutta under
the Calcutta Police Act, 1866, the Calcutta Suburban Police Act, 1866, the
Calcutta Port Act, 1890, and any Act amending any of these Acts;
(4)
"goonda" includes a hooligan or other rough;
(5)
"neighbourhood of Calcutta" means the areas included in -
(a) the police-stations of Baranagore, Nawapara, Barrackpore,
Dum-Dum, Tollyganj, Behala, Metiabruz, Maheshtolla, Bhangore, Tittaghar,
Khardah and Budge-Budge in the district of the 24-Parganas;
(b) the police-station of Howrah, Sibpore, Malipanchghora, Golabaree,
Lilooah, Bally and Bantra in the district of Howrah; and
(c) any other area which is included within the districts of the
24-Parganas, Howrah or Hooghly, and which the [State Government] by
notification in the [Official Gazette] may include within this
definition;
(6) "Presidency area" means Calcutta together with that
portion of the district of the 24-Parganas which is not included in Calcutta as
defined in this section, and the districts of Howrah and Hooghly.
3. Report by Commissioner of Police or District Magistrate.-
(1) Whenever it shall
appear to the Commissioner of Police, that any person -
(a) is
a goonda, or a member of a gang or body of goondas, and
(b)
is residing within or habitually visiting or frequenting Calcutta, and that
such person or that such gang or body is committing or has committed or is
about to commit or is assisting or abetting the commission of -
(i) a non-bailable offence
against person or property, or
(ii) the offence of criminal
intimidation, or
(iii) an
offence involving a breach of the peace,
so as to be a danger to, or cause or to be likely to cause, alarm
to, the inhabitants or to any section of the inhabitants of Calcutta, the
Commissioner of Police shall make a report to the [State Government]with a
recommendation that such person or gang or body of persons be dealt with under
the provisions of this Act.
(2) The same powers and duties as are conferred and imposed by
sub-section (1) on the Commissioner of Police in respect of persons or gangs or
bodies of persons residing in, or habitually frequenting Calcutta, are
conferred and imposed on the District Magistrate having jurisdiction in any
local area, which is outside Calcutta but is included in the neighbourhood of
Calcutta, in respect of all persons or gangs or bodies of persons residing
within or habitually visiting or frequenting such area, who appear to such
District Magistrate to be goondas or members of a gang of goondas and to be
committing, or to have committed or to be about to commit, or to be assisting
or abetting the commission of, any of the offences set forth in clauses (i),
(ii) or (iii) of sub-section (2) so as to be a danger to, or to cause or to be
likely to cause, alarm to, the inhabitants or to any section of the inhabitants
of such area.
4. Issue of warrant on receipt of report.-
(1) On receipt of the report of the Commissioner of Police or of
the District Magistrate, as the case may be, the [State Government]may
make an order for the issue of a warrant for the arrest of the person against
whom the report has been made.
(2) The
warrant shall be in such a form as shall be prescribed by the [State
Government] by notification in the [Official Gazette] and
shall be issued by a Secretary to the [State Government] and shall
contain a statement of the heads of the charges made against such person in the
report, and shall further require such person to submit by petition to the
advising Judges appointed under sub-section (2) of section 5 by such date as
may be specified in the warrant any representation that he may desire to make.
(3) The officer
by whom such warrant is issued shall have -
(i) for the enforcement of the attendance of the person, against
whom the warrant is issued, at such place and at such time or times as may be
specified therein (and thereafter as such officer may direct) in order to
communicate to such person the final order of the [State
Government] made under section 6, and
(ii) for the forfeiture, under section 514 of the Code of Criminal
Procedure, 1898, of any bond, executed for the attendance of such person at
such place and at such time or times,
all the powers of a Presidency Magistrate under the Code of
Criminal Procedure, 1898; and the warrant shall for the purposes set forth in
clauses (i) and (ii) be deemed to be a warrant issued by a Presidency
Magistrate, for the arrest of such person to answer a charge in respect of a
bailable offence committed by him within the jurisdiction of such Magistrate,
and such person in default of sufficient security being furnished, may, unless
such officer otherwise directs, be detained in custody until the final order of
the [State Government] under section 6 is communicated to him.
5. State Government to place report before advising Judges.- After issue of the warrant under section 4, the [State
Government]shall forthwith cause the report of the Commissioner of Police or of
the District Magistrate, as the case may be, with all material facts and
circumstances in their possession relevant to the same to be placed before two
advising Judges, of whom one shall be [the District and Sessions Judge, or
an Additional District and Sessions Judge, of 24-Parganas and the other shall
be -
(a) a District and Sessions
Judge; or
(b) an Additional District
and Sessions Judge; or
(c) a Subordinate Judge or a Judge of a Small Cause Court who has
served as such for not less than five years and as an Additional Sessions Judge
or Assistant Sessions Judge for at least one year.]
(2) The advising
Judges shall consider in camera the report and the other facts and
circumstances, if any, adduced before them by the [State Government], and
any representation, submitted to them by the person against whom the report has
been made within the time fixed by section 4 or such further time as they may
allow, and shall call for such further information, if any, and may examine
such witnesses, if any, as shall appear to them to be necessary to enable them
to tender their advice on the report. They shall also give to the person
against whom the report has been made, if he so desires, an opportunity of
appearing in person before them to offer his explanation, and may at the
instance of that person require the attendance of any other person, whose
statement may support the explanation:
Provided that -
(a) nothing in this section shall be deemed to entitle the person
whose case is before the advising Judges to appear or be represented before
them by pleader, nor shall the [State Government]be so entitled,
(b) the advising Judges shall not disclose to the person in
question any fact the communication of which might endanger the safety of any
individual, and
(c) the advising Judges shall not be bound to observe the rules of
evidence and shall not permit the putting of any question which may endanger
the safety of any individual.
(3) Any statement made to the advising Judges by any person other
than the person whose case is before them shall be deemed to be information
given to a public servant within the meaning of section 182 of the Indian Penal
Code, and the advising Judges shall for the purpose of securing the attendance
of any person under the provisions of sub-section (2) have all the powers of a
District Magistrate under the Code of Criminal Procedure, 1898.
(4) When the advising Judges has reached their conclusions, they
shall report the same in writing to the [State Government].
(5) If the person whose case is under their consideration claims,
when submitting his representation or when appearing before the advising
Judges, that both he and his father were born in [West Bengal] or
that he is a member of a family which has definitely settled in [West
Bengal] and is himself so settled, the advising Judges shall give him an
opportunity of establishing his claim, and shall also give to the Commissioner
of Police or the District Magistrate, as the case may be, an opportunity of
rebutting the same, and at the time of submission of their report to
the [State Government] shall record their opinion as to whether such
person has established his claim.
6. Order of removal by State Government.-
(1) On receipt of the report of the advising Judges the[State
Government] if satisfied that the person against whom the report has been
made should be removed elsewhere, may by order reciting the conclusions of the
advising Judges, as reported by those Judges -
(a) direct him to leave [West Bengal] within such time
by such route or routes, and for such period as may be stated in the order, or
(b) where the [State Government] [is] satisfied
that both he and his father were born in [West Bengal], or that he is a
member of a family which has definitely settled in [West Bengal] and
is himself so settled, direct him to leave the Presidency area within such
time, by such route and for such period as may be stated in the order, and may
in that case further order that he shall during the same period notify his
place of residence and any change or intended change of residence and any
absence or intended absence from his residence to the officer appointed by
the [State Government] in this behalf.
(2) The order of the [State Government] under
sub-section (1) shall be final, and shall not be called in question in any
subsequent proceeding under section 9 or section 10.
7. Evasion of orders.-
Where any person on whom a warrant has been
served under section 4 -
(i) fails to attend at the place and at the time or times
specified in the warrant and thereafter when required in order to receive the
order of the [State Government] under section 6, or
(ii) prior to the issue of that order, leaves [West
Bengal] or the Presidency area, as the case may be,
the [State Government] may issue the order under section
6 in the absence of that person by publishing the same in the [Official
Gazette], and such person shall be deemed to have absconded in order to
evade that order:
Provided that the [State Government] may condone a
failure to attend under clause (i), on reasons for such non-attendance being
furnished to [its] satisfaction, and in that case such person shall not
be deemed to have absconded in order to evade the order.
8. Identification order.-
Every
person, in respect of whom an order has been made under section 6 shall, if so
directed by the Commissioner of Police or the District Magistrate, as the case
may be, -
(i) present himself to be photographed;
(ii) allow his finger impressions to be recorded;
(iii) if literate, furnish such officer with specimens of his
handwriting and signature; and
(iv) attend at such times and places as the Commissioner of Police
or the District Magistrate, as the case may be, may direct for all or any of
the aforesaid purposes.
9. Penalty for breach of order under section 6.- When any person, against whom an order has been made under
section 6, fails to comply with such order within the time specified therein,
or after complying with the said order returns to, or after evading the said
order returns to or remains in, any place within [West Bengal] or the
Presidency area, as the case may be, before the expiry of the period stated in
the order, or fails to give to the officer appointed to receive it the
information in regard to residence or absence set forth in section 6, such
person may be arrested without a warrant by a police-officer and shall be
liable, on conviction before a Presidency Magistrate, or a Magistrate of the
first class, to be punished with rigorous imprisonment for a term which may
extend to one year.
10. Penalty for breach of order under section 8 or for absconding to
evade an order under section 6.-
(1) Any person who fails to comply
with, or attempts to evade, any direction given in accordance with the
provisions of section 8, or who absconds in order to evade any order made under
section 6, shall be liable to be arrested without a warrant and shall, on
conviction before a Presidency Magistrate, or a Magistrate of the first class
be liable to be punished with imprisonment for a term which may extend to six
months, or to a fine which may extend to one thousand rupees, or to both.
(2) An offence
under this section and under section 9 shall be deemed to be a non-bailable
offence.
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