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LEGISLATIVE DRAFTING DEPA RTMENT
NOTIFICATION
Jaipur, February 28, [986. No, F. 2(28) Vidhai/85.—In pursuance of clause (3) of Article 34% of the Constitution of India, the Governor is pleased to authorise the publication in the Rajasthan Gazette of the jollowing translation in the English language of Rajasthan Dakaity Prabhavit Kshetra Adhiniyam, 1986 (Adhiniyam Sankhya 11 San 1986):—
'
English Translation
THE RAJASTHAN DACOITY AFFECTED AREAS ACT, 1986
(Act No. 11 of 1986)
| Received the assent 2 Precj February, 1986. Of the President on the 26th day of An
Act
to make provisions for speci areas of Rajasthan in onder bifen oc ences in the dacoity affected Curb effecs] offences and to make Provisions foe' rely the commission of scheduled Punishment thereof
and for the attachment of Properties tend -t mak ad He! the commission of herewith or incidental thereto. such offences and for Matters connec;
Be it enacted by the Raj Year of the Republic of India as yatat® Legislature in the Thirty-sixth lowss_- irty-
CHAPTER 1
Preliminary
I. Short title and Rajasthan Dacoity-Affected eement—(1) This 'Act » 1986, _
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131 (11)
itm 4 (7) trea "aa-ra, werd 28, 1086 lc
{ day of
¢ into force on th
e 23re
(2) It shall bo deemed to have com September, 1985,
apuyfee require
2. Definitions, (1) In this Act, unless the context otherwire req
(a) "Code" means the Code of Criminal Procedure, 1973 (Central
Act 2 of 1974);
Byer"
i ' : salar
, Ohatye
(b) "dacoity-affected area" means an area declared by the Sta le
Government as a dacoity-aflected area under section 4; i (c) ''scheduled offence' in relation lo a dacoily-aflecled HCH, WIGAN an offence specified in the schedule appended lo this Act, including:
an offence forming part of, arising out of, or connected with the commission of, dacoily;
(d) "scheduled offender", in relation to a dacoity-affected arca, means a person who commits or has committed or is a person accused of the commission of any scheduled offence;
"special court" means a special court constituted under section 6; and 7
(f) "Special Judge" means a Judge appointed under sub-section (2) of section 6 to preside over a special court. .
(2) Words and expressions used but not defined in this Act and in the Code shall have the meaning respectively assigned to defined 1 ( them in the Code or, as the caso may bo, in the Indian Penal Code, 1860 (Central Act XLV of 1860).
¥ . CHAPTER—
II
Dacoity-affected area and constitution of special courts "
3. Declaration of dacoity-affected area.—If on receiving the report of a police officer or any other information in respect of the incidence of | scheduled offence in a district or districts or a part or parts thereof, the State Government considers that a situation has arisen in which the area covered by such district or districts or a part or parts thereof should be : declared to be a dacoity-affected area for the purposes of this Act, the State Government may, by Notification, declare such area to be a dacoity-affecte area.
4. Person assisting the police to be public servant.—(1) A person who assists the police in giving information or is engaged in assisting the police by giving information relating to the commission .of a scheduled offence or is assisting in the investigation of such offence, shall, for the purposes of this Act, be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act XLV of 1860).
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oy, rat 28, 1986 WIT A (%; 131 (12) gaye — |
rintendeht of Police to ths ai . the Sup + :
a) a Certificate issued iv * herein ig a person who is engaged in vet that the person mention 'rout in sub-sectio n (1) shall be
cit tno. police for the pur
pows apecifice in sub-s¢
(1) shall be conclusive proof of the facts sta
Notwithstanding anything contained vondation of grant of ball -Nok 1 a ee om at
"tl ° on Regulation accused OF convict ed of 4 scheduled —. shall, if int custody, be re
leased on bail or on
his own bond unl
ess—
4 < oo
(a) the prosecution ha b een given opportunity to oppose the appli- eation for bail; and oe .
th) whore the prosecution opposes the ap plication for bail, the court is satisfied that there are reasonable g rounds for believing that he is not guilty of such offence:
Provided that a person accused of a schedul ed offence, who has been
in custody for a total pzriod of one hundred an d cighty days, may be
released on bail subject to such conditions as the c ourt may think fit to
impose.
6. Constitution of Special Courts.—{\) For the purpose of providing
speedy trial of the scheduled offenc:s committed in a dacoity-af fected area,
tie State Government may, in consultation with the High Court, consti- tutc, by Notification, as many special courts as may be necessary in, or in relation to, such dacoity-affected arca or areas as mzy be specifi ed in such
Notification.
(2) A special court shall consist of a single Judge who shall be See it the Rajasthan High Court up
on a request made by the State
Explanation.—In this sub-section, the word " i
"plan Ir rt , rd "a "s c tis meaning given to itin the £xplanation to section 9 of the Code hove £.
(3) A person shall not be qualified for ' of a special court unless he fs se rite as a Gee en ppointment as a Judge
Session Judge under the Code.
udge or an Additional
7. Jurisdiction of Special Court.— lotwi contained in the Coda or in any other lant Pon otwithstanding anything scheduled offence shall be triable only by a special on yeune ta free, ; y court.
(2) While tryiag any scheduled vume tial aay of ued offence, the speci: apne ee ial ce oth r tha the ie Ah court may also a f may be charged scheda ed offence with being in force. Sec under any law for the time
&. Procedure and powers of Speci ;
take cognizance of any scheduled en COUrts.—(1) A special court may
(a) upon receiving a complaint or . 7 of facts which constitute such offence;
(b) upon a police re om ) upe Port of such facts: of fc) upon information received fy
et VM an
y
or upon its own k
any percan | nowledge that Such offence OF a police officet. a 1 12 48 been committed.
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i31 (13) wrt 4 () Ueeqa BWe-9aq, peat 28; 1986 , fence, follow (2) A special court shall, while trying a ee "pessionss case: the procedure as prescribed by the Code for the trial o — he Provided that a special court may, wherever necessary, Perron te
functions of a magistrate under section 207 of the Code an : - 'on for
try the case as if the case had been committed to the court of sess
trial under the provisions of the Code.
(3) Save as otherwise expressly provided in this Act, the a haere of the Indian Evidence Act, 1272 (Central Act | of 1872) and the Code + shall, in so far as they are not inconsistent with the provisions of this Act,
apply to the proceedings b. fore a special court and for the purposes of the sid provisions of the Code, the special court shal! be deemed to be a court of session and the person conducting the prosecution before the special court shall be deemed to be a Public Prosecutor.
(4) A special court may, with a view to obtaining the evidence of any person suspected to have been directly or indirectly concerned with, or Privy to, any scheduled offence, tender pardon to such person on the con- dition of his making a full and true disclosure of the whole circumstances within his knowledge relating to the offence and to every other person concerned, whether as principal or abettor, with the commision there of. Any pardon so tendered shall, for the purposes of section 308 of the Code, be deemed to have beon tendered under section 307 thereof.
(5) A special court may pass upon any accused person convicted by it any sentence preseribed by law for the offence of which such person is convicted. CHAPTER—ILI
cd Offences and Penalty
9. Punishment for offence against public servant. —A scheduled offend er who commits the offence of murder of more than one Person ora scheduled offence against a public servant or against a momber of the family of a public servant, shall, —
(a) if such affence is punishable with death or with im risonment for life under the Indian Penal Code, 1860 (Central AG XLV of 1860) be awarded such punishment as is provided for that offence in the Code; and
(b) in other cases, be Punished with imprisonment which may extend to ten yoars and with fine, , Explanation, For the Purposes of this section an
E
pur J d section 10, a member b of the family of a public servant shall mean his parents, E spouse, sons and daughters, gtand-sons and grand-daughters and great-grand-sons and g Spouses and shall inelude residing with such public
43
reat-grand-daughters and their a person dependent on and Seftvant,
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rot aware PUHtSHInenl Of dogj aL ub-soulion (4) ol Otley ve Aal iy mado I fospeg) af i dor of a public seryayy we a pot awarded, Ihe iiidic hits Whe cheutli
"file a - ao, (One WHY 4), etree erect, ETE : y ase a
recorded fo
tat (14)
10, Reasons to be rontalnod in 9 No hel the conviction under r the mur murder of moro an On
Pore tones if doath
ris Camtly an i mombor of his fmuy i FOULS 4
'or nol LLY
as
w v x
CHeEN morally, A Jecd Ti
wy
1A offences ker Ai
uni. nt fOr scheduled 0 sitio HISTONE TS Broyjdes mi ant {rreiteo shall, i ne specitte pu KEV of prov ide
commits a sched ulec onan eee, L860 (Contra! ACE XL W1iity a
for that in the Indian Pon 7 mt vader wetion 9, bo. putisled wit
that offence is also not puntsn te ton yoore dtd with fine
imprisonmont which may oxtond to
12. Panishinent: for possessing property: not santa fovilyp recounted ; ; on LH ina dacolly affected aren iy found to by ip for, Where a person living ina digoily ain Rajasthan for whi possession of propertios in that arcu or olyowhiore In yi an fo 7 th
he cannot satisfactorily account for and which lias boon acquired by,
or as a result of, the commission of a scheduled offenes, he shall be
punished with imprisonment which may extend to seven years and with
fine:
Provided thatif and when an order of release is made by the pice
cial court under section 17, the accused shall, whatever be the stage of trial, be discharged and shall be released forthwith if he is under custody and his conviction, if any, shall bo deomed not to have ever existed.
13. Minimum period of imprisonment,—Notwithstanding anything contained in sections It and 12 of any other law for the time being in force, the minimum punishment f . See ora scheduled offence shall be al imprisonment for three years, ec offence sha CHAPTER — Iy
Attachment and release of Property
14. Attachine p roason te bsllove tint Cane lives Say , the District Magistrate : 3 re Unishahbla _ : a dacoit -affe. nrac nmil- atone Pp punishable under section |? hy iffoctod pena: lias Sets © that eflect and may orde ", 'le may make a declarat! which offence is believed to ha Bei ¢ Ot the property in respect 0 Ommitted. (2) The provisions of to every attachment made 'er ©
ode sh: . ; und 5 Shall, mutatis mutandis, apply
(3) ub-seetion' (1) . Notwithstanding a . the District Magistrate may ¢ "ing othery; _ attached under fub-gecte *PPoint an Admne Contained in the ca the powers to administer he and such ade for any property
Property in th 'nistrator shall have ! . © best;
(4) The District yy ' Agistrat t interest of the property: administ v 2 ra te] me ; rator for Proper and effective se Police assistance to the incl As vg expenses incurr, "stration thereof. I uding the ex 2 : ¢ sy su besection (4) coal | be ee to the Police istration of the propor Tk on Sy, "SStslance ided unde ch Pro Provide
Perty, 14
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1(15
at 4 (®) THAT Toy-er, Bray 28, 1986 131 (15) —
15. Release of property.—(1) Where a property 1s attached uae 4 section 14, its owner may, within three months of the date of know sir of attachment, make a represeatatien to the District Magistrate chown the circumstances in, and the means by, which the property was acquirce by him.
(2) If the District Magistrate is satisfied with the representation made under sub-section (1}, he may forthwith release the property from attachment and, thereupon, the property alongwith the profits, if any, ¥ aftor deducting all the expenses charged on the property shall vest m the ; owner thereof.
16. Enquiry into the character of acquisition of property by Special Court—(1) If the District Magistrate is not satisfied with the represen- tation made under section 16, he shall refer the matter, alongwith his report to the special court having jurisdiction for deciding whether the property or any part thereof was or was not acquired by, or as a result of, the commission of a scheduled offence.
(2) On receipt of the reference made under sub-section (1), the special court shall fix a date for enquiry and give notice to the person making the representation and to the State. On the date so fixed, or on any subsequent date to which the enquiry may be adjourned, the special court shall hear the partics, receive evidence produced by them, take such further evidence as it may consider necessary and decide the reference.
(3) For the purposes of making enquiry under sub-section (2), the special court shall have the powers of a civil court while trying a ud suit undér the Code of Civil Procedure, 1908 (Central Act V of 1908) in respect' of the following matters, namely :---
(a) Summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or Office;
(e) issuing commissions for examination of witnesses or documents;
(f) dismissing the reference for default or deciding it ex parte;
(g) setting aside an order of Gimftsal for default or an order passed by it ex parte; or
(h) any other matter which may be prescribed.
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ATT 4 (g) me
1 ae
28; 1986 131 (16) amet TTA, FAC 283 3 sacri ha — sane ; : he burden to proye ——, eding under this ase the representatio, (4) In any ae part thereof apne result of, the commission ne eenion| I 3 was not acquired by, oF & claiming the property not.
under § : rson claiming eit
of a scheduled offence id be ees ne vide ce Act
, 1872 (Cen,
i i ained E withstanding anything con
tral Act | of 1872). ' t finds that the —— »_-Tf the special oo f: scheduled 17. Confiscation of property. It of, the commission OF & property quired by esU xid property and shall trans. t Ired b ; orasa res : orty an ! sh | < ft if its al fi ation of the = . a] f its order and
oflence , it shall order confise for execution o
mit the record to the District Magistrate dered to be released forthwith, inany other case the property shall be or
CHAPTER—V
Appeals
; ided.—No order or decision 18. No appeal to lie unless otherwise provide d. : rapes hs provided!
made under this Act shall bo appealable except a
. icte a trial held 19. Appeal from conyictions.—Any person conv nia Sntrt by a special court under this Act may appeal to the Hig
. arnthe yin any case 20. Appeal from acquittal.--The State Government may = v from direct the public prosecutor to present an appeal to the High Cour an order of acquittal mado by a special court under this Act.
21. Provisions of Code to apply to appeals,—The provisions of Chap- tor XXIX of the Code shall mutatis mutandis apply to every appeal pre- forred under section 19 or section 20.
22. Appeal against order under section 17.—An appeal shall Ile to the High Court against every order of the special court made under section 17. CHAPTER—VI
Miscellaneous
_ 23. Bar of Jurisdiction of civil courts. diction iN respect of any matter which the special court is empowered by or undor this Act to determine and no injunction or interlocutory order inter-
fering with the attachment or confiscation of property shall be granted or made by any court or other authority 7 ¥ con i Y iN respect of any ver conferred by or under this Act. peer OF any power confe
—No civil court shall have juris-
24, Presumption in respect of kidnapp; ' 9 ; : GRAPPING and aly 7 of a scheduled of apping and abd: cHion.——In any trial onee under this Act w here it is Proved that-— (a) the accused has Kidnapped or abducted &ay person from dacodity- tracted area, it 7 : presumed Unless the contrary is proved, : 8 accused has kre happed or abdu ted such persean ¢
ransom: or { ted such person for
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(17)
: any person
(b) the accused has wrongfully concealed of confines shall be kidnapped or abducted froma dacoity-a th t the accused has presumed, unless the contrary is proved, t -" t such person concealed or confined such person knowing tha ~ has been so kidnapped or abducted.
' . i secution 25. Protection of action taken in good faith.{(1) No sutt, eat or any or other legal proceeding shall lie against the State Ro tad to be done officer of the State Government for anything done or intende
- in good faith in pursuance of the provisions of this Act or the rules made
thereunder.
(2) No prosecution against an Administrator appointed under: sub-section (3) of section 14 shall be instituted unless previous sanction of the District Magistrate has bean obtained therefor.
26. Act to have over-riding effect.—The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any law for the time being in force. 27, Power to make rules.—(1) The State Government may, by notification in the Official Gazette, make rules for the purpose of carrying into effect all or any of the provisions of this Act.
(2) All rules made under this Act, shall be laid, as soon as may be after they are so made, before the House of the State Legislature while it is in session for a period of not less than thirty days which may be com- prised in one session or in two successive sessions, and if, before the expiry of the session in which they are so laid or of the session immediately fol- lowing, the House of the State Legislature makes any modification in any such rules, or resolves that any such rules should not be made, such rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done there- under,
28. Repeal and Savings.— (1) The Rajasthan Dacoity-Affected Areas Ordinance, 1985 (Ordinance No.7 of 1985) is hereby repealed.
(2) Notwithstanding such repeal, all things done or actions taken under the said Ordinance shall be deemed to have been done or taken under this Act,
SCHEDULE
(1) Offences punishable under sections 216-A, 302, 303, 304, 307 308, 311, 325, 326, 327, 329, 331, 333, 363, 364, 365, 368. 369, 386, 387, 392, 393, 394, 395, 396 ° » 397, 398, 399, 400, 401, 402 and $11 of the Indian Penal Code. | 0 ¢ ' ; XLV ot 8600. ode, 1860 (Central Act
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(1)
: . + 0 oe alt for fANnsorn, (2), Kidnapping, or, abducting any person
(3) Pe or making proparation or attempt for kidnapping
"or abducting any person for ransom,
(4) Makin or mending or performing any part of he PFOCESs of making or mending, buying, selling, possessing, Glopouing of supplying or carrying arms or ammunition or © commission of dacoity.
¢
xplosives for the
(5) Mediating in the settlement, or standing surety for the payment of ransom to an abductor or a kidnapper.
(6) Spying of the persons, assembled before or after the commission of dacoity or preparing to commit dacoity.
(7) Receiving benefits from the "persons committing all or any of __ the above-mentioned offences, P Ua. At, 'Aare,
ecketary to the Government.
1g
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