(1) Amounts payable under section 38, section 39, section 40 of section 41 shall, when recovered, be credited to the Government.
(2) The District Collector shall pay, from the amounts recovered by him as compensation payable under section 41, such amount as he deems just and proper by way of compensation to any person who has suffered loss or damage to property or grievous hurt or to the legal heirs of any person who died, by reason of anything done in the prosecution of the common object of the unlawful assembly.
(3) No compensation shall be paid under this section, except when a claim has been made therefor within forty-five days from the date of the notification referred to in sub-section (1) of section 41 and the District Collector is satisfied that the claimant, where the claim is by the person who suffered the loss, damage iDr grievous hurt, or the deceased, where the claim is by the legal heirs of such deceased, has been free from blame in connection with the occurrence which led to the loss, damage, grievous hurt or death.
(4) The compensation payable to any person under sub-section (2) shall not in any way be capable of being assigned or charged or be liable to attachment or to pass to any person other than ithe person entitled to it by operation of law, nor shall any claim be set off against the same.
(5) No civil suit shall be maintainable in respect of any loss, damage or grievous hurt for which compensation has been granted under this section.
45. Without prejudice to the provisions contained in section 43, all amounts payable under section 39 or section 41 shall be recoverable in the manner provided in sections 421 and 422 of the Code of Criminal Procedure, 1973, as if each such amount were a fine imposed on an offender by a court.
46- Whenever it appears to the Commissioner of Police that the movement or encampment of any gang or body of persons in any part of Delhi is causing or is calculated to cause danger to person or property or alarm or reasonable suspicion that unlawful designs are entertained by such gang or body of persons or by members thereof, the Commissioner1 of Police may, by order addressed to the persons appearing to be the leaders or chief men of such gang or body of ptersons and published by announcement or beat of drums, or otherwise as the Commissioner of Police thinks fit direct the members of such gang or body of persons—
(a) to so conduct themselves as shall seem necessary in order to prevent violence and alarm,
(b) to disperse and to remove themselves beyond the limits of Delhi, or any part thereof, within such time as the Commissioner 2 of 1974.
Eecoverj> of amount payable under section 38, 39, 4(i or 41 Collector to iiward compen-- satlon.
Recovery of amounta payable under sections 39 and 41.
Dispersal of gangs and bodies of persons.
294 THE GAZETTE OF INDIA EXTRAORDINARY [PAH* i t - of Police shall specify and not to enter Delhi or the part thereof, as the case may be, from which they were directed to remove themselves.
47. Whenever it appears to the Commissioner of Police—
(a) that the movements or acts of any person are causing or are calculated to cause alarm, danger or harm to person or property;
or
(b) that there are reasonable giounds 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, Chapter XVI, Chapter XVII or Chapter XXII of the Indian Penal Code or under section 290 or sections 489A to 489E (both inclusive) of that Code or in the abetment of any such offence;
or
(c) that such person—
(i) is so desperate and dangerous as to render his being at large in Delhi or in any part thereof hazardous to the community;
or
(ii) has been found habitually intimidating other persons by acts of violence or by show of force; or (Hi) habitually commits affray or breach of peace or riot, or habitually makes forcible collection of subscription or threatens people for illegal pecuniary gain for himself or for others; or
(iv) has been habitually passing indecent remarks on women and girls, or teasing them by overtures;
and that in the opinion of the Commissioner of Police 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, the Commissioner of Police may, by order in writing duly served on such person, or by beat of drum or otherwise as he thinks tit, direct such person to so conduct himself as shall seem necessary in order to prevent violence and alarm or to remove himself outside Delhi or any part thereof, by such route and within such time as the Commissioner of Police may specify and not to enter or return to Delhi or part thereof, as the case may be, from which he was directed to remove himself.
Expla.7ia.tion.—A person who during a period within one year im j mediately preceding the commencement of an action under this section has been found on not less than three occasions to have committed or to have been involved in any of the acts referred to in this section shall be deemed to have habitually committed that act.
48. If a person has been convicted—
(a) of an offence under Chapter XII, Chapter XVI or Chapter XVII of the Indian Penal Code; ior
(b) of an offence under section 3 or section 4 of the Delhi Public Gambling Act, 195&, or under section 12 of that Act in so far as it relates to satta gambling or on two or more occasions under any other provision of that Act (including section 12 of that Act in so far as it does not relate to satta gambling); or Removal of persons about to commit offences.
Removal of persons convicted of certain offences 45 of 1860.
45 of 1860.
Delhi Act 9 of 1955, SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 295
(c) of any offeice under the Suppression of Immoral Traffic in Women and Girls Act, 1956; or
(d) of any offence under section 25, section 26, section 27, section 28 or section 29 of the Arms Act, 1959; or
(e) of any offence under section 135 of the Customs Act, 1962; or
(f) of any offence under section 61, section 63 or section 66 of the Punjab Excise Act, 1955> as in force in Delhi; or 0?) on two or more occasions of an offence under—
(i) the Opium Act, 1878; or
(ii) the Dangerous Drugs Act, 1930; o r
(iii) the Diugs and Cosmetics Act, 1940; or
(iu) section 11 of the Bombay Prevention of Begging Act, 1959, as in force in Delhi; or
(h) on three or more occasions of an offence under section 105 or section 107 of this Ordinance;
the Commissioner of Police may, if he has reason to believe that such person is likely again to engage himself in the commission of any of the offences referred to in this section, by order in writing, direct such person to remove himself beyond the limits of Delhi or any part thereof, by such route and within such time as the Commissioner of Police may specify and not to enter or return to Delhi or any part thereof, as the case may be, from which he was directed to remove himself.
49. Any direction made under section 46, section 47 or section 48 not to enter Delhi or any part thereof, shall be for such period as may be specified therein, and shall in no case exceed a period of two years from the date on which it was made.