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Section 11

The Gujarat Habitual Offenders Act, 1959.State Act of Gujarat · Act 61 of 1959

(1) Any pe1'BOllaggrievect by the registration (If re-regjstration of his name DI¥ler section 4, or as the case.may be, section 9 or by an order under sub-section (2) Of section 7. may within the preecribed period make a representation to the State GoMrmneDt against BUchregistration, re-registration or order.

(') ~e State Government &lulll,after ~ering the representation, and giving the agg~ed person an opportunity of befug heard, either confirm or cancel the regj&tration, re-registration or order, &s l1e case may be, and shall in the case of confirmation record a brief statement of the reasOIlBtherefor.

•• 1IilIIG ••••• of u. (1) If in the opinion of the State Government it is necessary or expedient in the interests of the general public 0 to do, the State Government may, subject to the provisiODS of sub-section (4), by er direct that any registered offender shall be *-fricted in his movements to such area, and for such period not exceeding three 18"J8, as may be specified in the omtt'.

(2) &for making any 8UC~ order the State Government. shall take into 0fJIIiJideratia the follewin8 matters, that is to .y,- _

(a) the nMu;reof the oft'encesof which the registered offender has been convicted, a.nd the cireum.stan.ees in wh.jeh the offences were committed ;

(6) whether the registered offender followa any lawftU ~upatiQn, Ilnd whetJler Brmh occupation is conducive to an honest and settled way of life and is not p1erely pretence for the purpose of facilitating the ooxniniAionof crime;

(D) the suitability of the area to wilich his movement8 are to be restricted ; and

(4) the manne in which the registered offender may earn his living within the • . n area, and the adequacy of arrangementB which are, or are likely to be, nailable therefor.

(3) A copy of the order shall be served on the regisrered offen4er in the preaaribed manner.

)

(4) The period Jpecifi.edin an order under sn1rsection (1) shall in no case extena beyond the period of registration or re-registration, as the case may be, -referred to in section 9.

lIbaD. OO1U'VJer the may be applicable.

11. The State Govet'IlDlellt D1&Y,hy order, cauoeJ any ord81' made under section 11, or del auy area specified in &II erder UDder t1Iat aectioD :

PIoridai W bef4q JllAkiM ~ ta. State_m8.m~~~ •••nm.~.

I t (1)88it at 110•• p!O __ of." •• _(~. poowe1'I of tJle Stat& Ponn UDderao.~ ~ ~ 11 and ~ mar be exuciBed'" by a 1ttaPate having ucliioDa 11 power to &Oi 1mder seotion 110 of the Oode, hut wifihout prejudice to the exercise of ~~:

.....,.... UJ¥ler that seetion of tlle Code. by cert6in~.

, (e) A M~te acting Under section 11 or 12 ahaJl follow, as nearly as may be, the Ji'oeedure Jaid down in sectionS 11', 118, 114; IUS and 117 of the Code for an order requiring secu,ityfor good behaviour:

Provided that the order iD. wtitiug l'eferred to in sootion 112 of the Code shall, in addition to setting fo"th the substance of fJle. information received, state the term, n~ exceeding ~ee yeartJ, during which the order of reatrictian ahall be in force.

(8) Where the Sf8te Governmtnt has &lready made an order under sooilion11 in r.e&pect of a habitual oft'ender, the Magistrate shall not exercise any powers conferred by this section in xespect of the MIntl habitual o&nder, d~ any pexiod in which the order of the 8f8te Government is in force.

CHAPTERm.

Where this provision sits

ActThe Gujarat Habitual Offenders Act, 1959.
Section11
JurisdictionState of Gujarat
StatusIn force as published by the source

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