Amendment status not verified — confirm the current text below against the official source.
Removal of persons about to commit offence. Whenever it shall appear in Greater Bombay and other areas for which a Commissioner bas been appointed under Sec. 7 to the Commissioner and in other area or areas to which State Government may, by notification in the Official Gaulle, extend the provisions of this section, to the District Magistrate, or the sub. Divisional Magistrate specially empowered by the State Government in that behalf- (a) that the movements or acts of any person are causing or calculated to cause alarm, danger or harm to person or property, or (b) that there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapters XII, XVI, or XVII of the Indian Penal Code (XLV of 1860), or in the abetment of any such offence, and when in the opinion of such officer witnesses are not willing to come forward to give evidence in public against such person by reason of apprehension on their part as regards the safety of their person or property, 6[(bb) that there are reasonable grounds for believing that such person is acting or is about to act (1) in any manner prejudicial to the maintenance of public order as defined in the Maharashtra Pre- vention of Communal, Antisocial and other Dangerous Activities Act, 1980, or (2) in any manner prejudicial to the maintenance of supplies of commodities essential of the community as defined in the Explanation to sub-sect ion (1) of Sec. 3 of the Prevention of Black-marketing and 1 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 2 Added by Mah Act XVI of 1976. Sec 4 and Sch. 3 These words were inserted by Born 1 of 1956, Sec 3 (1). 4 These words were inserted, ibid, Sec 3 (2). 5 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 6 Ins by Mah Act VII of 1981, Sec 17. 38 Maintenance of Supplies of Essential Commodities Act, 1980 (VII of 1980), or (c) that an outbreak of epidemic disease is likely to result from the continued residence of an immigrant, the said officer may, by an order in writing duly served on him or by beat of drum or other wise as he thinks fit, direct such person or immigrant so to conduct himself as shall seem necessary in order to prevent violence and alarm 1[or such prejudicial act] or the outbreak or spread of such disease or to remove himself outside the area within the local limits of his jurisdiction 2[or such area and any district or districts, or any part thereof, contiguous thereto] by such route and within such time as the said officer may prescribe and not to enter or return to the said area 3[or the area and such contiguous districts, or part thereof as the case may be] from which he was directed to remove himself. Gujarat Amendment: In Sec. 56, omit “Greater Bombay and other”. 4 In the principal Act, in Sec. 56, the word “specially” shall be deleted.5 6[57. Removal of persons convicted of certain offences. If a person has been convicted - (a) (i) of an offence under Chapters XII, XVI or XVII of the Indian Penal Code (XLV of 1860), or (ii) of any offence udder Secs. 65, 66-A or 68 of the Bombay Prohibition Act, 1949 (Bom. XLV of 1949), or (iii) of an offence under Secs. 3, 4, 5, 6 or 9 of the Suppression of Immoral Traffic in Women and Girls Act, 1956 (CIV of 1956), or (iv) of an offence under Sec. 135 of the Customs Act, 1962 (52 of 1962), or (v) of an offence under Sec. 4, or for accepting bets in any public street or thoroughfare or in any place to which the public have or permitted to have access or in any race course under Cl. (a) of Sec. 12, or under Sec 12-A of the Bombay Prevention of Gambling Act, 1867 (Bom. IV of 1867), or (b) twice or more of an offence under the Bombay Prohibition Act, 1949 (Born XXV of 1949) not being an offence under Sees. 66, 66-A or 68, or (c) twice or more of an offence under Sec- 122 or 124 of this Act, the Commissioner, the District Magistrate, or the Sub Divisional Magistrate specially empowered by the State Government in this behalf, if he has reason to believe that such person is likely again to engage himself in the commission of an offence similar to that for which he was convicted, may direct such person to remove himself outside the area within the local limits of his jurisdiction or such area and any district or districts, or any part thereof, contiguous thereto by such route and within such time as the said officer may prescribe and not to enter or return to the area or the areas and such contiguous district or districts or part thereof, as the case may be, from which he was directed to remove himself. 1 These words were inserted by Bom 1 of 1956, Sec. 4 (1). 2 Ins by Mah Act VII of 1981, See 17l wd 27.8-80). 3 These words were inserted by Bom 1 of 1956, Sec. 4 (2). 4 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 5 Vide Gujarat Act 16 of 1978, Sec II (wef 3-3-1978). 6 Subs by Mah Act No XXIX of 1910. 39 Explanation. For the Purpose of this section “an offence similar to that for which a person was convicted” ,shal1 mean- (i) in the case of a person, convicted of an offence mentioned in Cl. (a) (i) an offence falling under any of the chapters of the Indian Penal Code (XLV of 1860), and (ii) in case of a person convicted of an offence mentioned in Cl. (a) [excluding sub-clause (i) thereof (b) and (c) an offence falling under the provisions of the Acts mentioned respectively in the said clauses.] 1[From the date on which the person removes himself or is removed from the area, district or districts or part aforesaid]. Gujarat Amendment: In Sec. 57, “State of Bombay” shall stand unmodified.2 In the principal Act, in Sec. 57, the word “specially” shall be deleted.3 4[57-A. Removal of certain persons declared to be beggars. In any area in which the Bombay Prevention of Begging Act, 1959 (Bom Act X of 1960), is in force, the Commissioner or the District Magistrate having jurisdiction in that area, on receipt of a copy of the order of the Court made under Cl. (b) of sub-section (5) of Sec. 5 of that Act, shall examine the person who has been directed to appear before him, and if the Commissioner or the District Magistrate is satisfied that such person is not likely to engage himself in the said area in any lawful profession, trade, calling or employment, such officer may by order in writing duly served on such person to remove himself outside the area or areas where the said Act is in force with in such time as may be specified in the ,order and not to enter or return to the area or areas, as the case may be, from which he was directed to remove himself: Provided that, before serving such order on any person, the Commissioner or, as the case may be, the District Magistrate shall, in consultation with the State Government or in accordance with any general or special order issued by the State Government for this purpose, offer to such person the option of accepting an employment in any undertaking, public works or otherwise on such terms and conditions as may be specified by him in this behalf. Where such option is accepted, the fact of such acceptance shall be recorded in the externment order: Provided further that, where the Commissioner or the District Magistrate is satisfied that such person is unfit for any work, be shall refer the case of such person to the Court, with a request that the Court may order such person to be detai1ed in a Certified Institution as provided in Cl. (c) of sub-section (5) of Sec. 5 of the Bombay Prevention of Begging Act, 1959 (Bombay Act X of 1960).