Uttar Pradesh Control of Goondas (Amendment) Act, 20151
| [U.P. Act No. 13 of 2016] | [7th April, 2016] |
(As passed by the Uttar Pradesh Legislature)
An Act further to amend the Uttar Pradesh Control of Goondas Act, 1970
It is hereby enacted in the Sixty-sixth Year of the Republic of India as follows-
Prefatory Note-Statement of Objects and Reasons.-The Uttar Pradesh Control of Goondas Act, 1970 (U.P. Act No. 8 of 1971) has been enacted to provide for making special provisions for the control and suppression of Goondas with a view to ensuring the maintenance of public order in the State. The High Court of Judicature at Allahabad, Lucknow Bench, Lucknow has in Case No. 2390/2012 Mushrraf Ali, son of Shaukat Ali v. Uttar Pradesh State in their order, dated January 8, 2013 suggested to bring the following offences in the ambit of the said Act and take action against the persons indulging in such offences under the said Act-
1. offences punishable under the Regulation of Money Lending Act, 1976;
2. offences punishable under the Unlawful Activities (Prevention) Act, 1966 and the Indian Forest Act, 1927;
3. 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;
4. human trafficking for purposes of commercial exploitation, forced labour, bonded labour, child labour, sexual exploitation, organ removing and trafficking, beggary and the like activities.
With a view to complying with the said orders of the Hon'ble High Court it has been decided to amend the said Act to include the said offences in the definition of the word "Goondas".
Since the State Legislature was not in session and immediate legislative action was necessary to implement the aforesaid decision, the Uttar Pradesh Control of Goondas (Amendment) Ordinance, 2015 (U.P. Ordinance No. 2 of 2015) was promulgated by the Governor on February 4, 2015.
The Bill is introduced to replace the aforesaid Ordinance.
1 Received the assent of the President on April 7, 2016 and published in the U.P. Gazette, Extra., Part 1, Section (Ka), dated 25th April, 2016, pp. 3-4.
1. Short title and commencement.- (1) This Act may be called the Uttar Pradesh Control of Goondas (Amendment) Act, 2015.
(2) It shall be deemed to have come into force on February 4, 2015.
2. Amendment of Section 2 of U.P. Act No. 8 of 1971.-In Section 2 of the Uttar Pradesh Control of Goondas Act, 1970, hereinafter referred to as the principal Act, in clause (b) after sub-clause (vii) the following sub-clauses shall be inserted, namely-
"(viii) is involved in offences punishable under the Regulation of Money Lending 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.".
3. Repeal and saving.- (1) The Uttar Pradesh Control of Goondas (Amendment) Ordinance, 2015 (U.P. Ordinance No. 2 of 2015) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the provisions of the principal Act as amended by the Ordinance referred to in sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act as if the provisions of this Act were in force at all material times.