Chapter III Dispersal of Anti-Social Elements and Previous Convicts

Whenever it appears to the District Magistrate that the movement or encampment of any gang or body of persons in the district is causing or is calculated to cause danger or alarm or reasonable suspicion that unlawful designs are entertained by such gang or body, or by members thereof the District Magistrate, may by an order addressed to the persons appearing to be the leaders or chiefmen of such gang or body and published by beat of drum or otherwise, as the District Magistrate thinks fit, direct the members of such gang or body,—

1. (a) to conduct themselves in such manner as may be necessary in order to prevent violence and alarm; or
2. (b) to disperse and each of them to remove himself outside the district or any part thereof or such area, and any district or districts, or any part thereof contiguous thereto within such time as the District Magistrate may specify, and not to enter the said district or part thereof or such area and such contiguous districts, or part thereof, as the case may be or not to return to the place from which each of them was directed to remove himself.

Whenever it appears to the District Magistrate —

1. (a) that the movements or acts of any person are causing or calculated to cause alarm, danger or harm to person or property; or
2. (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 Chapter XII, XVI or XVII or under Section 506 or 509 of the Indian Penal Code, 1860 (45 of 1860) or in the abetment of any such offence, and when in the opinion of the District Magistrate 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
3. (c) that an outbreak of epidemic disease is likely to result from the continued residence of an immigrant; the District Magistrate, may by an order in writing duty served on him or by beat of drum or otherwise as the District Magistrate thinks fit, direct such person or immigrant—
4. (a) so as to conduct himself as shall seem necessary in order to prevent violence and alarm or the outbreak or spread of such disease; or
5. (b) to remove himself outside the district or such area and any district or districts, or any part thereof, contiguous thereto by such route within such time as the District Magistrate may specify and not to enter or return to the said district or part thereof or such area and such contiguous districts, or part thereof, as the case may be, from which he was directed to remove himself.

If a person has been convicted—

1. (a) of an offence,—
   • (i) under chapter XII, XVI or XVII or under Section 506 or 509 of the Indian Penal Code, 1860 (45 of 1860); or
   • (ii) under the Protection of Civil Rights Act, 1955 (22 of 1955); or
2. (b) twice, of an offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (104 of 1956); or
3. (c) thrice, of an offence within a period of three years under section 3 or 4 of the Public Gambling Act, 1867 (3 of 1867), in its application to the State of Madhya Pradesh; the District Magistrate may, 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 direct such person by an order to remove himself outside the district or part thereof or such area and any district or districts or any part thereof, contiguous thereto by such route and within such time as the District Magistrate may order and not to enter or return to the District or part thereof or such area and such contiguous district or part thereof, as the case may be, from which he was directed to remove himself. Explanation.—For the purpose of this Section, the expression, "an offence similar to that for which he was convicted" means:—
   • (i) in the case of a person convicted of an offence mentioned in clause (a), an offence falling under any of the Chapters or Sections of the Indian Penal Code, 1860 (45 of 1860), mentioned in that clause or an offence falling under the provisions of the Act mentioned in sub-clause (ii) of that clause; and
   • (ii) in the case of a person convicted of an offence mentioned in clauses (b) and (c), an offence falling under the provisions of the Acts mentioned respectively in the said clauses.

A direction made under Section 4, 5 or 6 to enter any district or part thereof or such area and any district or districts or any part thereof, contiguous thereto, as the case may be, shall be for such period as may be specified therein and shall in no case exceed a period of one year from the date on which it was made.

1. (1) Before an order Section 3, 4, 5 or 6 is passed against any person, the District Magistrate shall inform the person in writing of the general nature of the material allegations against him and give him a reasonable opportunity of tendering an explanation regarding them.
2. (2) If such person makes an application for the examination of any witness produced by him, the District Magistrate shall grant such application and examine such witnesses unless for reason to be recorded in writing, the District Magistrate is of opinion that such application is made for the purpose of vexation or delay.
3. (3) Any written statement put in by such person shall be filed with the record of the case and such person shall be entitled to appear before the District Magistrate by any legal practitioner for the purpose of tendering his explanation and examining the witnesses produced by him.
4. (4) The District Magistrate proceeding under sub-section (1) may, for the purpose of securing the attendance of any person against whom any order is proposed to be made under Section 3, 4, 5 or 6 require such person to appear before him and to execute a security bond with or without sureties for such attendance during the inquiry.
5. (5) If the person fails to execute the security bond as required or fails to appear before the District Magistrate during the inquiry, it shall be lawful for the District Magistrate to proceed with the enquiry exparte and thereupon such order, as was proposed to be passed against him, may be passed.

1. (1) Any person aggrieved by an order under section 3, 4, 5 or 6 made by the Distict Magistrate or any other officer specially empowered under Section 13 may appeal to the State Government with thirty days from the date of such order. Such appeal shall be decided as far as possible within a period of four months of the date of filing of the appeal.
2. (2) An appeal under this Section shall be preferred in the form of a memorandum setting forth concisely the grounds of objection to the order appealed against, and shall be accompanied by a certified copy thereof.
3. (3) On receipt of such appeal, the State Government may after giving a reasonable opportunity to the appellant to be heared either personally or by a legal practitioner and after such further inquiry, if any, as it may deem necessary, confirm, vary or rescind the order appealed against: Provided that the order appealed against shall remain in operation pending the disposal of the appeal, unless the State Government otherwise directs.
4. (4) In calculating the period of thirty days provided for an appeal under this Section, the time taken for granting a certified copy of the order appealed against shall be excluded.

Any order passed under Section 3, 4, 5 or 6 shall not be called in question in any court except on the grounds—

1. (i) that the District Magistrate had not followed the procedure laid down in sub-section (1) of Section 8; or
2. (ii) that there was no material before the District Magistrate upon which he could have based his order; or
3. (iii) that the District Magistrate was not of opinion that witnesses were unwilling to come forward to give evidence in public against the person in respect of whom an order was made under Section 5-

If a person to whom a direction has been issued under Section 4, 5 or 6 to remove himself from a district or part thereof or such area and any district or districts, or any part thereof contiguous thereto,—

1. (i) fails to remove himself as directed; or
2. (ii) having so removed himself except with the permission in writing as provided in Section 12 enters the district or part thereof or any district or districts or any part thereof contiguous thereto, as the case may be, within the period specified in the order, the District Magistrate may cause him to be arrested and removed in police custody to such place outside such area as the District Magistrate may in each case specify.

1. (1) The State Government or the District Magistrate may in writing permit, any person in respect of whom an order under Section 4, 5 or 6 has been made to enter or return, for such temporary period and subject to such conditions as may be specified in such permission, to the district, or part thereof or such area and any contiguous district or districts or part thereof from which he was directed to remove himself.
2. (2) The aforesaid permission may at any time be revoked by the State Government or the District Magistrate, as the case may be.
3. (3) In permitting a person under sub-section (1) to enter or return to the district, or such part thereof or such area and any contiguous district or districts or part thereof, as the case may be from which he was directed to remove himself, the authority giving the said permission may require him to execute a bond with or without surety for due observance of the conditions imposed on him.
4. (4) Any person who in pursuance of a permission granted under sub-section (1) enters or returns to the district or part thereof, or such area and any contiguous district or districts or part thereof, as the case may be, for which he was directed to remove himself shall observe the conditions imposed in the said permission, and at the expiry of the temporary period for which he was permitted to enter or return, or on the earlier revocation of such permission, shall remove himself outside such district or part thereof or such area and any contiguous district or districts or part thereof, as the case may be, and shall not enter therein or return thereto within the unexpired residue of the period specified in the original order made under Section 4, 5 or 6 without a fresh permission.
5. (5) If such person fails to observe any of the conditions imposed, or to remove himself accordingly, or having so removed himself enters or returns to the district, or the part thereof or such area and any contiguous district or districts or part thereof, without fresh permission, then, without prejudice to any other action that may be taken against him under this Act, the District Magistrate may cause him to be arrested and removed in police custody to such place outside area as the District Magistrate may in each case specify.

1. (1) The State Government or any officer specially empowered by the State Government in that behalf, may, in like circumstance, and in like manner, exercise the powers exercisable in a district by the District Magistrate under Section 3, 4, 5 or 6 with this modification that it shall be lawful for the State Government or the officer specially empowered by the State Government to direct the members of such gang or body, or persons or immigrants, or persons convicted, as the case may be, to remove themselves from and not to enter or return to any district or districts or parts thereof whether contiguous thereto or not.
2. (2) The provisions of Sections 7, 8, 10, 11 and 12 and of Section 9 where the order is passed by the officer specially empowered by the State Government under sub-section (1) shall mutatis mutandis apply to the exercise of any powers under this Section as they apply to the exercise of any powers under Sections 3, 4, 5 or 6.
3. (3) Where the order is passed by the State Government under sub-section (1), the State Government may, either on its own motion or on an application of the person aggrieved, review any order passed by itself and pass such order in reference thereto as it thinks fit: Provided that no order shall be varied or reversed unless notice has been given to the person concerned to appear and be heard in support of such order.

If any person opposes or disobeys or fails to confirm to any direction issued under Sections 3,4,5,6 or 13 or abets opposition to or disobedience of any such direction he shall be punishable with imprisonment which may extend to three years but shall not, except for reasons to be recorded in writing, be less than four months, and shall also be liable to fine.

Without prejudice to the power to arrest and remove a person in the circumstances and in the manner provided in Section 11 any person who—

1. (a) in contravention of a direction issued to him under Section 4, 5, 6 or 13 enters or returns without permission to the district or part thereof, or such area and any other district or districts or part thereof from which he was directed to remove himself;
2. (b) enters or returns to any such area or district aforesaid or part thereof with permission granted under Section 12 but fails, contrary to the provisions thereof to remove himself outside such area at the expiry of the temporary period for which he was permitted, to enter or return or on the earlier revocation of such permission, or having removed himself at the expiry of such temporary period or on revocation of the permission enters or returns thereafter without fresh permission; shall be punishable with imprisonment for a term which may extend to three years, but shall not except for reasons to be recorded in writing be less than six months, and shall also be liable to fine.

Notwithstanding anything contained in any law for the time being in force, in a prosecution for an offence for the contravention of order passed under section 3 or a direction issued under Section 4, 5, 6 or 13 on the production of an authentic copy of the order, it shall until the contrary is proved and the burden of proving which shall lie on the accused, be presumed—

1. (a) that the order was made by the District Magistrate or Sub-Divisional Magistrate empowered by the State Government under Section 13 or the State Government or any officer specially empowered by the State Government under Section 13 as the case may be;
2. (b) that the District Magistrate or the Additional District Magistrate or Sub-Divisional Magistrate empowered by the State Government under Section 13 or the State Government or any officer specially empowered by the State Government under Section 13 as the case may be, was satisfied that the grounds on or the purpose for which it was made, existed, and that it was necessary to make the same; and
3. (c) that the order was otherwise valid and in conformity with the provisions of this Act.

If any person permitted under sub-section (1) of Section 12 fails to observe any condition imposed under the said sub-section or in the bond entered into by him under sub-section (3) of the said Section his bond shall be forfeited and any person bound thereby shall pay the penalty thereof or show cause to the satisfaction of the Court why such penalty should not be paid.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the State Government may by order direct that any power on duty conferred or imposed on a District Magistrate under this Act shall be exercised or performed by such additional District Magistrate or sub-Divisional Magistrate and for such areas as may be specified in the order.

Nothing in this Act shall be deemed to require the State Government or the officers specially empowered by it under Section 13 or the District Magistrate or the Additional District Magistrate or Sub-Divisional Magistrate empowered under Section 18 as the case may be to disclose to the person against whom an order is made under Sections 3, 4, 5, 6 and 13 of this Act or to any Court of law the source of its or his information or any fact, the communication of which might, in the opinion of the State Government or the officer empowered under Section 13 of the District Magistrate or the Additional District Magistrate or Sub-Divisional Magistrate empowered under Section 18 as the case may be be lead to the disclosure of the identity or name of any informant.