Section 11 SC/ST Act: Procedure on failure of person to remove himself from area and enter thereon after removal

Section 11 SC/ST Act Bare Act Text

11. Procedure on failure of person to remove himself from area and enter thereon after removal.

(1) If a person to whom a direction has been issued under section 10 to remove himself from any area—

(a) fails to remove himself as directed; or

(b) having so removed himself enters such area within the period specified in the order,

otherwise than with the permission in writing of the Special Court under sub-section (2), the Special Court may cause him to be arrested and removed in police custody to such place outside such area as the Special Court may specify.

(2) The Special Court may, by order in writing, permit any person in respect of whom an order under section 10 has been made, to return to the area from which he was directed to remove himself for such temporary period and subject to such conditions as may be specified in such order and may require him to execute a bond with or without surety for the due observation of the conditions imposed.

(3) The Special Court may at any time revoke any such permission.

(4) Any person who, with such permission, returns to the area from which he was directed to remove himself shall observe the conditions imposed, and at the expiry of the temporary period for which he was permitted to return, or on the revocation of such permission before the expiry of such temporary period, shall remove himself outside such area and shall not return thereto within the unexpired portion specified under section 10 without a fresh permission.

(5) If a person fails to observe any of the conditions imposed or to remove himself accordingly or having so removed himself enters or returns to such area without fresh permission the Special Court may cause him to be arrested and removed in police custody to such place outside such area as the Special Court may specify.

Section 11 SC/ST Act in Simple Words

When Section 11 SC/ST Act Applies

• A direction under Section 10 SC/ST Act is in force requiring a person to leave an area and stay out for a specified period.
• If the person fails to leave as directed, or re-enters within the specified period without written permission under Section 11(2) SC/ST Act, the Special Court may cause arrest and removal in police custody to a specified place outside the area.
• The Special Court may by written order permit temporary return for a specified period on specified conditions, and may require a bond with or without surety.
• The Special Court may revoke temporary return permission at any time.
• A person returning with permission must observe the conditions, leave when the temporary period ends or permission is revoked, and not return during the unexpired Section 10 period without fresh permission.
• Failing to observe conditions, failing to leave when required, or entering or returning without fresh permission allows the Special Court to cause arrest and removal in police custody outside the area.

Example of Section 11 SC/ST Act

When Section 11 SC/ST Act Does Not Apply

• Entry into the restricted area with the written permission of the Special Court under Section 11(2) SC/ST Act during the permitted temporary period while observing the imposed conditions.
• Return within the unexpired period of a Section 10 SC/ST Act order after temporary permission expires or is revoked where the person has obtained fresh permission from the Special Court under Section 11(4) and Section 11(5) SC/ST Act.
• Situations where no direction under Section 10 SC/ST Act has been issued to the person.

FAQs on Section 11 SC/ST Act

Sections Related to Section 11 SC/ST Act