Amendment status not verified — confirm the current text below against the official source.
Temporary permission to enter or return to the area from which a person was directed to remove himself. (1) The State Government 6[or any officer specially empowered by the State Government in that behalf] may, by order, permit any person in respect of whom an order has been made under Secs. 1[55. 56, 57 and 57-A] to enter or return for a temporary period to 7[the area, or such area and any contiguous districts or part thereof, as the case may be, from which be was directed to remove himself, subject to such conditions as it 8[or he] may by general or special order specify, and which such person accepts and may, at any time, revoke any such permission. (2) In permitting a person under sub-section (1) to enter or return to 3[the area or such area and any 1 Added by Mah Act XV of 1976, Sec 4 and Sch (wef 13-2-1976). 2 This section was renumbered as sub-section (1) by Bom Act 37 of 1959, Sec. 3. 3 These words, brackets and figures were inserted ibid. 4 This sub-section was added by Bom Act 37 of 1959, Sec 3 (2). 5 Added by Mah Act XV of 1976, See 4 and Sch (wef 13-2-1976). 6 These words were inserted by Bom Act 34 of 1959, Sec 21 (1) (a). 7 These words were inserted by Bom Act 1 of 1956, Sec 1. 8 These words were inserted by Bom Act 34 of 1959, See 21 (1) (b). 42 contiguous districts, or part thereof, as the case may be], from which he was directed to remove himself, the State Government 1[or such officer may require him to enter into bond with or without surety for the observance of the conditions imposed.] (3) Any person permitted under sub-section (1) to enter or return to 3[the area or such area and any contiguous districts. or part thereof, as the case may be], from which he was directed to remove himself shall surrender himself at the time and place and to the authority specified in the order or in the order revoking the said order, as the case may be. Gujarat Amendment: 1n the principal Act, in Sec. 63, in sub section (1), the word “specially” shall be deleted.2 In Sec. 63 in sub-section (11), for Cl. (a), substitute the following : “(a) the Gujarat Legislative Assembly, or”. 3 63-AA. Powers of externment of State Government and officers specially empowered. (1) The State Government or any officer specially empowered by the State Government in that behalf, may, in like circumstances and in like manner, exercise the powers exercisable, in any area for which a Commissioner is appointed by the Commissioner, and in a district by the District Magistrate, Sub- Divisional Magistrate or Superintendent specially empowered by the State Government in that behalf, as the case may be, under Secs. 55, 56, 57 and 57-A. with this modification that it shall be lawful for the State Government or the officer specially empowered to direct the members of such gang or body, or persons or immigrants, or persons convicted or person declared to be beggars, as the case may be, to remove themselves from, and not to enter or return to, any local area, or any such area and any district or part thereof, whether contiguous thereto or not. (2) The provisions of Secs. 58, 59, 60, 61, 62 and 63 shall mutatis mutandis apply to the exercise of any powers under this section, as they apply to the exercise any powers under Secs. 55, 56, 57 and 57-A. Gujarat Amendment: In Sec. 63-AA, for sub-section (1), the following sub-sections shall be substituted, namely :- “(1) The State Government may, in like circumstances and in like manner, exercise the powers exercisable, in any area for which a Commissioner is appointed, by the Commissioner, and in a district by the District Magistrate, Sub-Divisional Magistrate or District Superintendent of Police empowered by the State Government in this behalf, as the case may be, under Secs, 55, 56 and 57, with this modification that it shall be lawful for the State Government to direct the members of such gang or body, or persons or immigrants, or person convicted, as the case may be, to remove themselves from and not to enter or return to, any local area, or any such area and any district or part thereof, whether contiguous thereto or not. (1-A) The State Government may, by an order, specially empower any officer in that behalf to exercise its powers under sub-section (1) in relation to such of the Secs. 55, 56 and 57 as may 1 These words were inserted ibid, Sec 21 (2). 2 Vide Gujarat Act 16 of 1978, Sec 13 (wef 3-3-1978). 3 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 43 be specified in such order.”1 2[III. Control of camps, etc., and uniforms 63-A. Control of camps, parades, etc., and banning use of uniform, etc. (1) If the State Government is satisfied that it is necessary in the interest of the maintenance of public order so to do, it may by general or special order prohibit or restrict throughout the State of Maharashtra or any part thereof all meetings and assemblies of persons for the purpose of training or drilling themselves or being trained or drilled to the use of arms, or for the purpose of practising military exercises, movements or evolutions, or for the purpose aforesaid of attending or balding or taking any part in any camp, parade or procession. (2) If the State Government is satisfied that the wearing in public by any member of the body or association or organisation to be specified in the order to be issued hereunder of any dress or article of apparel resembling any uniform or part of uniform required to be worn by a member of the Armed Forces of the Union or by a member of the Police Force or of any force constituted under any law for the time being in force, would be likely to prejudice the security of the State or the maintenance of public order, the State Government may, by general or special order, prohibit or restrict the wearing, or display in public, of any such dress or article of apparel by any member of such body or association or organisation. (3) Every general or special order under sub-sections (1) and (2) shall be published in the manner prescribed for the publication of a public notice under Sec. 163. Explanation. For the purposes of sub-section (2) a dress or an article of apparel shall be deemed to be worn or displayed in public, if it is worn or displayed in any place to which the public have access.] Gujarat Amendment: In Sec. 63-A in sub-section (1), for “State of Maharashtra” substitute “State of Gujarat”.3 4[IV. Village Defence Parties 63-B Constitution of vii/age defence parties. (1) For the protection of persons, the security of property and the public safety in villages, the District Superintendent may constitute voluntary bodies, hereinafter in this section called “village defence parties” for any villages within his jurisdiction, as he deems fit. (2) Subject to any general or special orders which the State Government may make in this behalf, every person between the ages of 20 and 50 and residing in a village and who in the opinion of the District Superintendent is a fit and proper person having regard to the nature of duties and functions to be performed under the provisions of this section shall be eligible for appointment as a member of the village defence party constituted for his village. (3) The Superintendent may by a written order signed by himself and sealed with his own seal, appoint any person eligible under sub-section (2) to be a member of a village defence party. 1 Vide Gujarat Act 8 of 1980, Sec. 2 (wef 1-9-1980). 2 This heading and Sec. 63-A were inserted by Bom Act 20 of 1953, Sec. 7. 3 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 4 This heading and Sec. 63 B were inserted by Bom Act 1of 1956, Sec. 9. 44 (4) For each village defence party the Superintendent shall appoint a person eligible under sub-section (2) to be an honorary Commandant, called the Kotwal. (5) For the direction and supervision of village defence parties in a taluka the Superintendent may appoint a police officer, not below the rank of Head Constable, to be a Taluka Village Defence Officer, and any person who is willing to serve and in the opinion of the District Superintendent is fit, to be a Joint Taluka Village Defence Officer. (6) For the direction and supervision of village defence parties in a district, the Superintendent may appoint a police officer, not below the rank of Sub Inspector to be a District Village Defence officer, and any person who in willing to serve and in the opinion of the District Superintendent is fit, to be a Joint District Village Defence Officer. (7) Members of village defence parties and officers, appointed under the section, shall be under the direction and control of the District Superintendent and shall receive such training, and discharge such duties, as may be determined by the Superintendent. (8) Members of village defence parties and officers (other than police officers) appointed under this section, shall be subject to such terms and conditions of service as may be determined, with the previous approval of the State Government, by the District Superintendent. (9) The Superintendent or any officers appointed under this section may at any time call out officers subordinate to them, or any member of a village defence party for training or to discharge the duties assigned to them. (10) Every member of a village defence party and every officer appointed under this section shall- (a) on appointment receive a certificate in a form approved by the State Government in this behalf; (b) when called out for duty, have the same powers, privileges and protection as a police officer appointed under this Act. (11) Notwithstanding anything contained in any law for the time being in force, a member of a village defence party or any officer (other than a police officer) appointed under this section, shall not be disqualified from being chosen as, or for being, a member of- (a) the Maharashtra Legislative Assembly, or the Maharashtra Legislative Council, or (b) any local authority, by reason only of the fact that he is a member of a village defence party or such officer. 1[(12) In such districts as the State Government may by notification in the official Gazette specify, the powers, duties and functions of the District Superintendent, District Village Defence Officer and Taluka Village Defence Officer under this section shall be exercised, performed and discharged by such officers of the Home Guards as the Commandant General appointed under the Bombay Home Guards Act, 1947 (Bom. Act III of 1947), may direct, and thereupon all the foregoing provisions of this section shall apply but references therein to the District Superintendent, District Village Defence Officer and Taluka Village Defence Officer shall be deemed to be references to the relevant officers of the Home Guards.] 1 Sub section (12) was inserted by Bom Act 34 of 1959, Sec. 23. 45 CHAPTER VI Executive Powers and Duties of the Police