(1) Where it appears to the Commissioner or the District Magistrate-
(a) that any person is a goonda; and
(b) (i) that his movements or acts in the district or any part thereof are causing or are calculated to cause alarm, danger, or harm to persons or property; or
(ii) that there are reasonable grounds for believing that he is engaged or about to engage in the district or any part thereof, in the commission or abetment, of any offence or act specified in sub-clauses (i) to (v) of clause (e) of section 2; and
(c) that witnesses are not willing to come forward to give evidence against him by reason of apprehension, on their part as regards the safety of their person or property;
the Commissioner or the District Magistrate shall, by notice in writing, inform him of the general nature of the material allegations against him in respect of clauses (a), (b) and (c) and give him a reasonable opportunity of tendering an explanation regarding them.
(2) The person against whom an order under this section is proposed to be made, shall have the right to consult and to be defended by a counsel of his choice and shall be given reasonable opportunity of examining himself, Externment of Goondas.
Externment of Goondas.
[Act No.9 of 1980] 5 if he so desires and also of examining any other witnesses or any relevant document that he may wish to produce in support of his explanation, unless, for reasons to be recorded in writing, the Commissioner or the District Magistrate, is of opinion that the request is made for the purpose of vexation or delay.
(3) The Commissioner or the District Magistrate on being satisfied that the conditions specified in clauses (a),
(b) and (c) of sub-section (1) exist, may by order in writing –
(a) direct him to remove himself outside the district or part thereof, as the case may be, by such route, if any, and within such time as may be specified in the order, and to desist from entering the district or the specified part thereof until the expiry of such period, not exceeding six months, as may be specified in the order;
(b) (i) require such person to notify his movements, or to report himself, or to do both, in such manner, at such time and to such authority or person as may be specified in the order;
(ii) prohibit or restrict possession or use by him of any such article as may be specified in the order;
(iii) direct him otherwise to conduct himself in such manner as may be specified in the order,- until the expiration of such period, not exceeding six months, as may be specified in the order.
4. The Commissioner or the District Magistrate may, by an order, permit any person in respect of whom an order has been made under clause (a) of sub-section (3) of section 3, to enter or return, for a temporary period, into or to the area from which he was directed to remove himself, Permission to return temporarily.
6 [Act No.9 of 1980] subject to such conditions as the Commissioner or the District Magistrate may specify and may, at any time rescind any such permission.
5. The Commissioner or the District Magistrate may, after giving, except where, for reasons to be recorded in writing, he is satisfied that it is impracticable so to do, an opportunity of making a representation in that behalf to the person concerned, extend from time to time, in the interest of the general public the period specified in the order made under section 3 but the period so extended shall in no case exceed two years in the aggregate.