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The Punjab Habitual Offenders (Control of Reform) Act, 1952
Act 12 of 1952
Keyword(s): Habitual Offender, Registered Person
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1952: Pb. Act 12] HABITUAL OFFENDERS (CONTROL 63 AND REFORM) PUNJAB HABITUAL OFFENDERS (CONTROL AND REFORM) ACT, 1952. PUNJAB ACT No: 12 OF 1952 TABLE OF CONTENTS
SECTIONS 1 Short title, extent and commencement: 2_ Definitions. 3. Registration of habitual offenders 4. Restriction on registration: 5 Procedure in making register: 6. Charge. of register; 7, Alteration in register: 8. Complaints of entry in register: 9, Power to take finger-impressions, photograph and foot-prints at any time: 10. Registered persons to report themselves o notify their place of residence. 11. Power to restrict movements 0f, or settle, registered persons. 12. Power to vary specified area or plaee of settiement_ 13. Verification of presence of registered persons within specified area Or place of settlement: SETTLEMENTS AND SCHOOLS
14. Power to place registered persons in settlements. to discharge or transfer persons from settlements Or 15. Power schools: 16. Power to make rules:
PENALTIES AND PROCEDURE
17. Penalties for failure to comply with terms of notice under section 5 or section 7 18. Penalties for breach of rules: 19. Arrest of registered' persons beyond_prescribed limits 20. Duties to report arrival and departure: 21. Penalty for breach of such duties: 22. Saving from effect of repeal of the Criminal Tribes Act,1924 Bar of jurisdiction of courts in questions relating to certain 23. notifications. 24. Saving of certain orders 25. Saving of existing rules. SCHEDULE:
1952: Pb: Act 12] HABITUAL OFFENDERS' (CONTROL 65 AND REFORM)
1PUNJAB HABITUAL OFFENDERS (CONTROL AND REFORM) ACT, 1952. PUNJAB ACT No: 12 OF 1952.
[Received the assent of the Governor of Punjab onthe I6th of August, 1932, and was first published in the Punjab Government Gazette (Extraordinary) of the 19th August, 1952,]
Year
No:
Short title.
Wiicther repealed or otherwise affected by legislation:
K952
12
Punjab Habitual Amended in part by Punjab Act 30 of 1953* Offenders (Con- Extended to Pepsu Territory by Punjab trol and Reform) Act 5 of 1957 Act, 1952 Extneded by Punjab Act 25of 1964 _
An Act to provide for the registration of habitual Offenders in the State of Punjab and for imposing certain restrictions on them
WHEREAS it is expedient to make provision for the registration of habitual offendcrs and for imposing certain restrictions on them;
IT is hereby enacted as follows 1. (2) This Act may be called the Punjab Habitual Short title, ex- Offenders (Control and Reform) Act; 1952. tent and com" mencement:
1, For Statement of Objects and Reasons, see Funjab Government Gazette (Exa traordinary), I9th July, 1952, page 646: for proceedings in the Assembly see Punjab Legislative Assembly Debates; 1952. Volume HI pp.(29)27-(29)65; and for proceedings Legisiative Council Debates, 1952, )Goiune in Council, see Punjab II pp. (20)3-(20) 58. 2. For Statement of Objects and Reasons, see Punjab Government Gazette, (Ex- dated 17th March, 1953, page 336; for proceedings in the Assembly tnodoundi " and see Punjab Legislative_Assembly and Council Debates, 1953. 3 .For Statement of Objects and Reasons, see Punjab Government Gazette (Ex- traordinary), 1957, page 339. 4.For Siatement of Objects and KeaSuds; See ['unjab Government Gazeite (Ex traordinary): 1964. page 935 -37.
66 HABITUAL OFFENDIRS (CONTROL [1352: Pb Act 12 AND REFORM) (2) It shall extend to the #hole of the State of Funjab. (3) It shall come into force on the 3lst day of August; 1952.
Definations
2. (1) *Code means the Code of Criminal Pro- Vof cedure (Act V of 1898). 1898 (2) <Government" means the Government of Punjab: "IC32} "Yhcbitdari Offender' = means a person who, during any continuous period of five years; whether before Or after the commence- ment of this Act, has been convicted and sentenced to imprisonment more than twice on account of any one OT more of the offences mentioned in the Schedule to this Act committed on different occasions and not constituting parts of the same transaction; and (b) who has, as a result of such convictions SU- ffered , imprisonments at least for a total period of twelve months. Explanation. 1. A conviction which has been set aside in appeal or revision and any imprison- ment suffered in connection there- with shall not be taken into account for the above pupose: Explanation 2 In computing the period_of five years, any periods spent in jail either under a sentence of imprisonment O under detention shall not be taken into aC- count:] #Registered person" means a person registered under this Act, as a habitual offender; (5). 'Prescribed" means prescribed by rules made under this Act:
1 Acbsi9sttedbytibe Punjab Habitual Ofenders (Control and Reform) (Amendment) Act, 1953, Section 4 (Punjab Act 30 of 1953).
1952 Pba Act 12] HABITUAL OFFENDERS (CONTROL 67 AND REFORM) (6) Words and expressions used but not defined in this Act shall have the meanings assigned to them in the Code:
3. The Government may direct the District Magis- Registration ot trate to make Or cause to be made a register of habitual fezderai of- offenders within his district.
4. No person shall be registered under this Act; Restriction o0 if more than Six months have elapsed since the expiration registration: of the sentence of imprisonment relating to his last con- viction:
105. , Upon receiving a direction under section 3, Procedure in the District Magistrate shall ma king register (a) publish a notice in the prescribed manner calling upon habitual offenders to appear at a time and place specified there- in before the_person appointed by him in this behalf.
(i2) to give to that person such information as may be necessary to enable him to com- plete the register, and cause a register of habitual offenders to be prepared: Provided that before entering the name of any per- son in such register the District Magistrate or?[an Execu- tive Magistrate] not below the rank of second class appoi- nted by him in this behalf shall give him a reasonable opportunity to show cause why such entry should not be made:] s[6. The register;when made, shall be placed in the Charge of Tegis- keeping of the Superintendent of Police of the district, ter who may from time to time report to the District Magis- trate such alterations as ought in his opinion to be made therein by way of addition Or erasure:]
Substituted by Punjab Act;, 30 of 1953 , section 3 2_ Substituted for the words *a magistrate by Punjab Act 25 of 1964. 3 . Substituted by the Punjab Habitual Offenders (Control and Reform) (Amendment) Act;, 1953, section (Punjab Act 30 of 1953,)
68 HABITUAL OFFENDERS (CONTROL [1952 Pb Act 12 AND REFORM) 7. (1) After the register has been placed in the keep- ing of the Superintendent of Police, I[and subject to the provisions of section 8], no person $ name shali be added to the register; and no registration shall be cancelled except by, or under an order in writing 0f, the District Magistrate. 2 [
Alteration in register
(2) Before the name of any person is added to the register under thjs section, the [District] Magistrate shall give notice in the prescribed manner to the person concerned- (a) to appear before him %r any authority appoin- ted by him in this behalf at a time and place therein specified; (b) to give to him or such authority such informa-- tion as may be necessary to enable the entry to be made; 4[ 1: "(c) Provided that before adde Biserict the name of any person to such register; the Magistrate or a person not below the rank of [an Executive Magistrate of the second class] appointed by him in this behalf shall give him a reasonable opportunity to show cause why such addition should not be made.
Complaints of 8. Any person aggrieved by.any entry made, or entry in register proposed to be made, in such register, either when the_ register is first made or subseqluently, may represent_ to the Commissioner %f the Division against such entry, who shall retain such person $ name on the register_ Or enter it therein Or erase it there from, as he may think fit:
1. Inserted after the word "Police" by scction 5 () of Punjab Act 30 of 1953 2. The_words "or of the Governmert"' omitted by ibid, and the comma' after after the word Magistrate converted into a *cfull-stop 3. Inserted by section 5 (ii) (a) ibid. The word Yand' at the end 0 ciause (b) and the whole of clause (c) omitted by section 5 (ii) (b) and (c) ibi l. 6. Substituted for the words 'a Szcond Class Magistrate" by Punjab Act 25 of"1964.
1952: Pb. Act 12] HABITUAL OFFENDERS (CONTROL 69 AND REFORM)
Provided that the Government shall be competent, either on its cwn motion or on an application made in this behalf hy the aggrieved person to confirm, alter Or rescind any order passed .by the Commissioner: 9 The District Magistrate Or any oficer appointed Regeer #pake by him in this behalf may at any time order the finger @onph photo- impressions [photographs and footprints] of any regist- Prapb ad fo0f ered person to be taken: time. 10. (1) Te District Magistrate may in respect of Registered per- sons to report any registered rerson give either, one or toth of the fol- themselves Or lowing directio 1S, namely, that every such person shall pioti6y of fJesif in the prescribed manner dence: report himself at fixed intervals, and (b) notify his place of residence and any change or intended change of residence; and any absence or intended absence from his residence =
Provided that no such order shall be for a term excee- ding three years, nor shall it be made unless the neces- sity for making it has been established to the satisfaction of the District Magistrate, after an inquiry held by such authority and in such manner as may be prescribed: (2) Wheze a registered person in rerpect of whom the District Magistrate has issued a direction under sub- section ([) cha 1ges his place of residence to a district other than that in which he has been registered, the prO- visions of this Act shall apply to him as if. he had been registered in that district in pursuance of a direction made under section 3. (3) Where any such fegistered person changes his.place of residence to a district other than that in which he has been registered, the relevant entry in the re- gister shall be transfered to the Superintendent of Police of that district.
Inserted aft-r the word impressions by Punja ) Act, 30 of 1953 section (Punjab Hab tual Offenders (Control and Reform) (Amendment) Act; 1953):
70 HABITUAL OFFENDERS (CONTROL [1952 Pb. Act 12 AND REFORM) Fitmovemeats roS- 11. (1) If the Government considers that it is of, or settle expedient that any registered person should be Tegistered persons restricted to any specified area, or settled in any place i[of residence], the Go- vernment may,by notification in the official Gazette, declare that such ? [person] shall be restricted to the area specified in the notification OT shall be_settled in the place H[of residence] s0 specified, as the case may be.
s[Provided that no such declaration shall have effect for a period in excess of three years]; (2) Before making any such declaration; the Govern- ment shall consider the following matters in an inquiry held by such authority and in such manner as may be prescribed the nature and the circumstances of the offences in which the registered person is believed to have been concerned; (ii) whether the registered person follows any lawful occupation,and whether such occupa- tion is a real occupatipn Or merely a pretence for the purpose of facilitating the commission of crimes; (iii) the suitability of the resttiction area;' or of the place of 1[residence] as the case may be, which it is proposed to specify in the noti- fication; (iv) the manner in which it is proposed that the person to be restricted Or settled shall earn his livelihood within the restriction area Or in the place of J[residence] and the adequacy: of the arrangements which are proposed therefor:
Inserted by Punjab Habitual Offenders (Control and Reform) (Amnendment) Act, 1953 , section (i) (a) (Punjab Act 30 of 1953). 2 Substituted for the word 'ipersons" by section 7 (i) (6), ibid: 3. Proviso to subsection (1) added by section 7(ii) ibid.
1952:Pb. Act 12] HABITUAL OFFENDERS (CONTROL 71 AND REFORM) 12. The Government may by a like notification vary Power : to very the terms of notification issued by it under section 11 for speci) pPecified acedleor the puposes of specifying another restriction area O an- ment other place of i[residence], as the case may be, and any officer empowered in this behalf by Government; may, by order in writing, vary any notification made under section 1] or under this section for the purposes of speci- fying another restriction area, Or, as the case may, be another place of H[residence] in the same district. 13. Every registerd person whose movements have V erification of been restricted or who has been settled in a place ?[of 8 Gena Dersons residence] under the provision of this Act shall attend w ithin prescrib- at such place and at such time and before such person 8d settlemenplace as may be directed in this behalf.
SETTLEMENTS AND SCHOOLS 14. (I) The Government may establish Power to place industrial, agricultural, or reformatory settlements and soxistered Sepie" schools and may order to be placed in such settlement ments. or school any registered person: Provided that no such order shall be made unless the necessity for making it has been established to the satisfaction of the Government after an inquiry held bysuch authority and in such manner as may be prescribed (2) No order under sub-section (I) shall be for a term exceeding five years 15. The Government OI. any-officer authorised by Power to dis- it in this behalf may, at any time, by general or special fer {bapreso_ tTroz order, direct any person who may be in any industrial, settlements or agricultural, or reformatory settlement Or school in the schools State _
to be discharged, or
(6) to be transferred to some other settlement Or school in the State.
Substituted for the word sSettleinent= by the Punjab Habitual Offenders (Control and Reform) (Amendment) Act, 1053, section 8, (Punjab Act 30 of' 1953). 2 Inserlod by section 9, ibid.
HABITUAL OFFENDERS (CONJROL [1c52 Pb: Act 12 AND REI ORM)
Power to mako :Tules
16. (1) The Goverrment may Imake rules to carry out the purposes and objects of this Act. In particular and without prejudice to the gene- rality of the foregoing power, such rules may provide for or regulate (a) the form and contents of the register referred to in section 3;
(b) the manner in which the ndtice referred to in section 5 shall be published and the means by which the persons whom i: concerns, and the village headman, village watchman and landowners and occupiers of the village in which such persons reside, and the agents of such landowners or occupiers, shall be informed of its publication (c) the addition of names to the register and the erasure of names therein, and the mode in which the notice referred to in sub-section (2) of section 7 shall be given; (d) the manner in which persons mentioned in section 10 shall report thems-lves, or notify their residence Or any change Or intended change of residence, or any absence Or intend- ed absence; (e) the nature of the restrictions to be observed by persons whose movements have been restricted by notifications under section 11: or section 12;
the circumstances in which registered per- sons shall be required to possess and produce for inspection, certificates cf identity and the manner in which such certificates shall be granted; (g) the conditions as to passes un ler which per- sons , may be permitted to lcave the place in which they are settled or restricted;
1952 Pb. Act 12] HABITUAL OFFENDERS (CONTROL 73 AND RFI ORM;
(h) the conditions to be inserted in any such pass in regard to the places where the holder of the pass may go Or reside; i(ii) the persons , before whom, from time_ to time, he shall be bound to report him- self; and (iii) the time during which he may absent_ himself; (i) the place and time at which, and the persons before whom, registered persons shall report in accordance with the provisions of section 13;
the authority by whom and the manner in which the inquiry referred to in section 14 shall be held;
the inspection of the residences and villages of any registered person; the terms upon which registered persons may be discharged from the operation of this Act; (m) the management, control and supervision of industrial, agricultural or reformatory settlements and schools;
(n) the works,_ on which, and the hours during: which, persons placed in an industrial, agri- cultural or reformatory settlement shall be employed, the rate at which they shall be ` paid, and the disposal, for the benefit of such persons, of the surplus proceeds. of their labour; and (0) the discipline to which persons endeavouring to escape from any industrial, agricultural or reformatory settlement or school,or other- wise offending against the rules for the time being in force shall be subject, the period- ical visiting of such settlement or school
74
HABITUAL OFFENDERS (CONTROL [1952: PbAct 12 AND REFORM)
and the removalfrom it of such persons as are considered expedient to be ` removed.
PENALTIES AND PROCEDURE
Penalties fOr 17. Whoever; without lawful excuse, the burden failure to com- Ply with terms of proving which shall lie upon him, of notice under section 5 or sec- tion 7 (a) fails to appear in compliance with a notice issued under section 5 or section 7, or
b) intentionally omits to furnish any information required under either of those sections, or
(c) when required to furnish information under either of those sections, furnishes as true any information which he knows or has reason to believe to be false, Or
(d) refuses to allow his finger-impressions, photo- graph and footprints to be taken by any person acting under an order passed under section 9; may be arrested without warrant, and shall, on conviction; be punishable with imprisonment for a term which may extend to six months; or with fine which may extend to two hundred rupees; or with both: Penalties breach of foules 18. (1) Any registered person who contravenes any rule 1[notice, direction Or order] made under this Act A[the breach of which is not otherwise provided for] shall be punishable with imprisonment for & term which may extend _
(a) on a first conviction, with imprisonment for a term which may extend to six months, Or with fine which may extend to two hundred rupees; or with both; and
Inserted by Punjab Habitual Offenders (Contro] and Reform) (Amendment) Act, 1953, section 10 (Punjab Act 30 of 1953) 2 Inserted by ibid.
1952 Pb: Act 12] HABITUAL OFFENDERS (CONTROL 75 _ AND REFORM) (b) on any subsequent conviction, with imprison- ment for a term which may extend to one year; O with fine which may extend to five hundred rupees, Or with both: any person who commits an offence made punishable by this section which is not acognizable offence as defined in the Code may be arrested without a warrant by any officer in charge of a police station or by any . police` officer not below the rank of a sub-inspector: is found outside Areat persong Iegis 19. (1) If a registered person the area Or place of i residence] to which his movements eaonnigrescrib- Or in which he has been settled, in ed have been restricted contravention of the conditions, under which he iS permittedto Teave such area, Or who ?[escapes] frol an industrial, agricultural or reformatory settlement in which he has been placed may be OC school without warrant by any police officer, arrested or village watchman, and shall be village headman taken before a Magistrate, within 24 hours of' such arrest; and the Magistrate, on proof of the facts, shall order him to be removed to such area or 'place or to such settlement o1 school, as the case may be; there to be;dealt svith in accordance with this Act O any rules made there- under: 2) The rules for the time being in force for the removal of prisoners shall apply to ali persons removed under this section Of under any other provision of this Act: Provided that an oder from the Government Or from the Inspector-General of Prisons shall not be neces- ary fof the removal of such persons in this Duties to report 20. Any person; authorised or appointed arrival and behalf; shall' forthwith report to the officer in charge departure of the nearest police station the arrival O departure of- (@) a person who has failed to give information in answer to a notice under section 5 of the Act; Substituted for the word " Settlement" by Punjab Habitual offenders Reform) (Amendment) Act; 1953 (Punjab Act 30 of 1953) (Central and section 11. 2, Suhstituted for the word "escaped' by ibid.
76 HABITUAL OFFENDERS (CONTROL [1952: Pb: Act 12 AND REFORM)
(b) a registered person under this Act; Becaadk? 88 such for 21. Any person who fails to comply with the re- duties quirements of section 20 shall be deemed to have commit- ted an offence_punishable under the_first part of section 176 of the Indian Penal Code (Act XLV of 1860). XLV of 1860 Sivin? ofroepeal 22. (1) Notwithstanding the repeal of the Criminal of the Criminal Tribes Act, VI of /924 Tribes Act; 1924 1924 (Act VI of 1924), every person who stood registered under that Act at the commencement of this Act and who is a habitual offender, as defined in sub- section (3) of section 2 of this Act; shall be deemed to be a registered person under this Act; provided that more than six months have not elapsed since the expiration of the sentence of imprisonment relating to his last convic- tion at the time of the commencement of this Act; (2) With respect to such persons as are refetred to in the next preceding sub-section, all orders passed VI of under sections 10,11 and 16 of the Criminal Tribes 1924 Act (VI of 1924) shall be deemed to have been passed under sections 10, 11 and 14 of this Act, respectively. (3) All settlements established under the Criminal Tribes Act (Act VI of 1924) and existing at the com- VI of mencement of this Act shall 1924 be deemed to have been established under this Bar 6f Act. jurisdic- tion of courts in 23. No court shall question the competence of any guestionse ceredid" authority making or issuing any notification, order or notifications direction, under this Act. Sa ving of certain orders: 24. (1) Nothing in this Act shall empower any authority to pass an order under section 10 or section Ilof this Act in respect of a person against whom an order under section 565 of the Code Or under the Restriction Punjab of Habitual Offiendrs (Punjab) Act, 1918 (Punjab Act Ast8 V of 1918), is in force.
(2) No court shall be competent to pass an order under Restriction of Habitual Offenders Punjab) Act, 1918 (Act V of 1918), or under section 565 of the Code; Punjab in regard to a person against whom any order under this j9i8 V Act is in force. 25. The rules framed under the Criminal Tribes Act (Act VI of 1924 ) shall continue in force in 80 far as VI 0t they are not inconsistent with the provisions of this 1924 Act;
"Saving' of existing rules
1952: Pb. Act 12] HABITUAL OFFENDERS (CONTROL 77 AND REFORM) and shall s0 remain in force until they are replaced by rules framed under this Act: SCHEDULE XLV of (1) All offences mentioned in Chapter XII of the 1860 Indian Penal Code (Act XLV of 1860). (2) All offences_punishable under,the following sections of the Indian Penal Code (Act XLV of 1860):_ 302, 303, 304, 307, 311, 326, 327, 328, 329,363, 364, 365 ,366,.366-A,366-B, 367, 368, 369, 376,377, 379, 380, 381, 382, 384,, 385, 386, 387, 392, 393, 394, 395, 396. 397, 398, 399,400, 402, 409_ 411, 412 413, 414, 420, 449_ 450, 454, 455, 456, 457, 458, 459 and 460. [Il of (3) An offence under section 3 of the Public Gam- 1867 bling Act; 1867 (Act III of 1867). XXIV of Any offence under Essential Supplies (Temp- 1946 orary Powers) Act (Act No. XXIV of 1946), rules and orders framed and issued thereunder.
Roop's Law Assist