Bare Act
The Punjab Gifts Goods (Unlawful Possession) Act, 1963
1. Short title, extent and commencement.
(1) This Act may be called the Punjab Gift Goods (Unlawful Possession) Act, 1963. (2) It extends to the whole of the State of Punjab. (3) It shall come into force at once.
2. Definitions.
In this Act, unless the context otherwise requires,— (a) "gift goods" means any goods supplied by way of gift by any relief organisation to any person or body of persons for the relief of distress in this State or any part thereof; (b) "relief organisation" means any organisation specified in the Schedule to this Act, and includes any other organisation as the State Government may, by notification in the Official Gazette, specify in this behalf.
3. Penalty for being in possession of gift goods.
Whoever is found, or is proved to have been, in possession of any gift goods reasonably suspected of having been stolen or unlawfully obtained, shall, unless he proves that the gift goods were obtained by him in a lawful manner, be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five hundred rupees, or with both.
4. Burden of proof.
Where any person is prosecuted or proceeded against for the offence of unlawful possession of gift goods, the burden of proving that he has not committed such offence shall be on him.
5. Offences to be cognizable and non-bailable.
Notwithstanding anything contained in the Code of Criminal Procedure, 1898, every offence punishable under this Act shall be cognizable and non-bailable.
6. Cognizance of offences.
No court shall take cognizance of any offence punishable under this Act except upon a report in writing of the facts which constitute such offence made by a police officer not below the rank of an Assistant Sub-Inspector.
7. Power to make rules.
7. (1) The State Government may by notification in the Official Gazette make rules to carry out the purposes of this Act. (2) Every rule made under this section shall be laid as soon as may be after it is made before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the House agree in making any modification in the rule or the House agree that the rule should not be made, the rule 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 under that rule.
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