56. Removal of persons about to commit offence. - [(1)] Whenever it shall appear in Greater Bombay and other areas for which a Commissioner has been appointed under section 7 to the Commissioner and in other area or areas to which the State Government may, by notification in the Official Gazette, extend the provisions of this section, to the District Magistrate, or the Sub-Divisional Magistrate [* * *] 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, 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, or [(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 Prevention of Communal, Antisocial and Other Dangerous Activities Act, 1980, or (2) in any manner prejudicial to the maintenance of supplies of commodities essential to the community as defined in the Explanation to sub-section (1) of section 3 of the Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 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 otherwise as he thinks fit direct such person or immigrant so to conduct himself as shall seem necessary in order to prevent violence and alarm [or such prejudicial act,] or the outbreak or spread of such disease or [notwithstanding anything contained in this Act or any other law for the time being in force, to remove himself outside such area or areas in the State of Maharashtra (whether within the local limits of the jurisdiction of the officer or not and whether contiguous or not), by such route, and within such time, as the officer may specify and not to enter or return to the area or areas specified (hereinafter referred to as "the specified area or areas") from which he was directed to remove himself].
[(2) An officer directing any person under sub-section (1) to remove himself from any specified area or areas in the State may further direct such person that during the period the order made against him is in force, as and when he resides in any other areas in the State, he shall report his place of residence to the officer in-charge of the nearest police station once in every month, even if there be no change in his address. The said officer may also direct that, during the said period, as and when he goes away from the State, he shall, within ten days from the date of his departure from the State send a report in writing to the said officer, either by post or otherwise, of the date of his departure, and as and when he comes back to the State he shall, within ten days, from the date of his arrival in the State, report the date of his arrival to the officer in-charge of the police station nearest to the place where he may be staying.][57. Removal of persons convicted of certain offences. - [(1)] If a person has been convicted-(a)(i)of an offence under Chapters XII, XVI or XVII of the Indian Penal Code; or(ii)of any offence under sections 65, 66A or 68 of the Bombay Prohibition Act, 1949; or(iii)of an offence under sections 3, 4, 5, 6, or 9 of the Suppression of Immoral Traffic in Women and Girls Act, 1956; or(iv)of an offence under section 135 of the Customs Act, 1962; or(v)of an offence under section 4, or for accepting bet in any public street or thoroughfare or in any place to which the public have or are permitted to have access, or in any race course under clause (a) of section 12 or under section 12A of the Bombay Prevention of Gambling Act, 1887; or(b)twice or more of an offence under the Bombay Prohibition Act, 1949 not being an offence under sections 65, 66A and 68; or[(b-a)] twice or more of an offence under section 3 or 4 of the Railway Property (Unlawful Possession) Act, 1966; or](c)thrice or more of an offence under section 122 or 124 of this Act, the Commissioner, the District Magistrate, or the Sub-Divisional, Magistrate [* * *] 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 [notwithstanding anything contained in this Act or any other law for the time being in force, to remove himself outside such area or areas in the State of Maharashtra (whether within the local limits of the jurisdiction of the officer or not and whether contiguous or not), by such route, and within such time, as the officer may specify and not to enter or return to the area or areas so specified (hereinafter referred to as "the specified area or areas") from which he was directed to remove himself.][(2) An officer directing any person under sub-section (1) to remove himself from any specified area or areas in the State may further direct such person that, during the period the order made against him is in force, as and when he resides in any other areas in the State, he shall report his place of residence to the officer-in-charge of the nearest police station once in every month, even if there be no change in his address. The said officer may also direct that, during the said period, as and when he goes away from the State, he shall, within ten days from the date of his departure from the State, send a report in writing to the said officer either by post or otherwise, of the date of his departure, and as and when he comes back to the State, he shall, within ten days from the date of his arrival in the State report the date of his arrival to the officer-in-charge of the police station nearest to the place where he may be staying.]Explanation. - For the purpose of this section "an offence similar to that for which a person was convicted" shall mean-(i)in the case of a person convicted of an offence mentioned in clause (a) (i) an offence falling under any of the chapters of the Indian Penal Code, and (ii) in the case of a person convicted of an offence mentioned in clauses (a) (excluding sub-clause (i) thereof), (b) and (c), an offence falling under the provisions of the Acts mentioned respectively in the said clauses.][57A. Removal of certain persons declared to be beggars. - In any area in which the Bombay Prevention of Begging Act, 1959, 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 clause (b) of sub-section (5) of section 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 direct such person to remove himself outside the area or areas where the said Act is in force within 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 he shall refer the case of such person to the Court, with a request that the Court may order such person to be detained in a Certified Institution, as provided in clause (c) of sub-section (5) of section 5 of the Bombay Prevention of Begging Act, 1959.]
