52E. [ Removal of persons convicted of certain offences. [Inserted by Tamil Nadu Act No. 9 of 1979.]
(1)When any person having been previously convicted thrice or more -(i)of an offence falling under clause (a), [clause (aa), clause (aaa),] clause (b), clause (f), clause (g), clause (h), clause (i) or clause (jj) of sub-section (1) of section 4, or an offence falling under clause (k) of the said sub-section in so far as it relates to an act specified in any of the clauses aforesaid; Or(ii)of an offence falling under section 5 or section 7,is again convicted of the same offence the court may, if it thinks fit, at the time of passing the sentence of [***] [Omitted 'rigorous' by Tamil Nadu Act No. 2 of 1989.] imprisonment on such person, also by order direct such person to remove himself after the expiry of such sentence outside the City of Madras or any district in mofussil or other area specified in such order.(2)The order under sub-section (1) shall specify the period not exceeding two years during which such order shall remain in force and shall also specify such conditions and restrictions as may be specified in the rules by the State Government.(3)The court may, at any time, for reasons to be recorded in writing, cancel or modify the order passed under sub-section (1).(4)If such conviction is set aside on appeal or otherwise, such order shall become void.(5)An order under this section may also be made by an appellate court or by the High Court when exercising its powers of revision.(6)If a person to whom a direction is issued under sub-section (1) to remove himself from any area -(i)fails to remove himself as directed, or(ii)having so removed himself, except with the permission in writing of the court mentioned in sub-section (1) enters the area within the period specified in the order,the court may cause him to be arrested and removed in police custody to such place outside the area as the court may, in each case, specify.(7)Any person who is guilty of the breach of any order passed under sub-section (1) or of any of the conditions or restrictions specified in such order shall be punished with [***] [Omitted 'rigorous' by Tamil Nadu Act No. 2 of 1989.] imprisonment which may extend to three years or with fine, or with both.]
