Section 3 in The Punjab Prevention of Anti-Social and Hazardous Activities Act, 1976
3. Externment of Goondas and procedure therefor.
(1)Where a District Magistrate receives information from the District Superintendent of Police or any department of the State Government or the Central Government that any person is a Goonda and that his movements or acts in the district or any part thereof are causing, or are calculated or likely to cause alarm, danger or harm to persons or property, the District Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not ordered to remove himself outside the area or any part thereof within the local limits of his jurisdiction.(2)When a District Magistrate deems it necessary to require any person to show cause under sub-section (1), he shall make an order in writing setting forth the substance of the information received under that sub-section and the period, not exceeding six months, for which he will be required to remove himself outside the area or any part thereof within the local limits of his jurisdiction.(3)Every order made under sub-section (2) shall be read over to the person concerned and, if he so desires, the substance thereof shall be explained to him.(4)When an order under sub-section (2) has been read or explained under sub-section (3), the District Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.(5)Such inquiry shall be made, as nearly as may be practicable, in the manner specified in the Code of Criminal Procedure, 1973, for conducting trial and recording evidence in summons cases.(6)For the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerous as to render his being at large in a particular area hazardous or nuisance to the community may be proved by evidence of general repute or otherwise.(7)If upon such inquiry, the District Magistrate is satisfied about the truth of the information received under sub-section (1) with respect to any person, he may by order direct such person to remove himself outside the area or any part thereof within the local limits of his jurisdiction by such route and within such time as may be specified in the order and desist from entering the said area or part thereof, as the case may be, until the expiry of such period, not exceeding six months, as may be specified in the order.
