Short title, extent and comm eu ce- ment.
Definitions
237
ORISSA ACT xxiv OF 1952
THE ORISSA RESTRICTION OF HABITUAL
OFFENDERS ACT, 1952
[Receivedthe assent of the Governoron the 1Iti December1952,first pubiished in an extraordinary iss•ueof theOrissa Gazette, dated the 16th Decembeff
1952]
AN ACT TO IMPOSE CERTAIN RESTRICTIONS ON HABITUAL
OFFENDERS IN THE STATE OF ORISSA
WHEREAS it is expedient to impose certain restrictions on habitual offenders in the Stav OJOrissa ;
It is hereby enacted as follows :—
I. (l) This Aet may be called the Orissa Restric tion of Habitual Offenders Act, 1952.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force at once.
2. In this Act, unless there is anything repug- nant in the subject or context—
(a) " habitual offender means a mrson who has been sentenced to bstan€ive terrns of imprison. ment whether before or after the commencement of the Act.—
(i) for one or the other of the offencesin Schedule I on two occasions.
(ii) for one or the other of the offences in Schedule II on three occasions,
(iii) for one of the offences in Schedule I and one of the offences in Schedule II on two occasions ; Explanation—Any order made requiring a person to give security for good behaviour with reférence to section 110 of the Code of Criminal Procedure, 1898 shall amount to the passing of a sentence of v of 1893 substantive imprisonment for one or other of tho offences under the Indian Penal Code, 1860 as XLV 1860 specified in Schedule II within the meaning of this clause.
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PD wer to notify habitual offenders. Notified offenders to intimate residence and charge of residence P owor to restrict
movements of notified fenders.
238
(b) " notified offender "
meansahabitual offender in respcct of whoma notification hasbeen issued under section 3 and is in force :
(c) " prescribed " means prescribed by rules made under this Act ;
(d) "settlement " means a settlement esta- blished or deemed to have been established under section 7.
3. (1) The District Magistrate if satisfied that any person is a habitual offender may, for reasons to be recorded in writing, by notification—
(a) declare that be shall be subject to the orovisions of this Act to such extent and subject to hlChrestrictions,if any, as may bespecifiedin the notification ;
(b) cancel or modify any such declaration.
(2) Before any notification is issued in respect of any person under clause (a) of sub-section (l) or modified to his disadvantage under clauye (b) of the said sub-section, a reasonable opportunity shall be given to him to show cause against such issue or modification, as the case may be.
(3) The State Government may cancel any' notification issued under sub-section (1) or modify the sameon the application of a person affectedby the samo or without such an application.
4. As soon as a person is notified as habitual offender he shall—
(a) report himselt at suchintervals and notify his place of residence and any change or intended change of residence and any absence or intended absence from bis residence in such manner and to such authority as may be prescribed.
(b) allow his finger impressions to be recorded by the prescribed authority :
Provided that the District Magistrate or any omcerauthorised by him in this behalfmayexempt any such offender from reporting any temporary absenceor intended absence from his residence,not exceeding such limit as may be prescribed.
5. (l) If in the opinion of the State Government it is expedient so to do, they may, by notification, declare that any notified offender shall be restricted in his movements to a specified area.
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Powar to cancel or alter such restrictions. Power to
place
239
(2) Before making any such declaration, the State Government shall consider—
(i) the nature of the offences,if any, of which tbe offender has been convicted and the circums- tances under which they were committed ;
(ii) whether the offender employs himself in any lawful occupation and whether such occupation is a real one or merely a pretence fcr facilitating the commission of offences ;
(iii) the suitability of the area to which Ins movements are to be restricted ; and
(iv) the manner in which it is proposed that he should earn his living in such area and the adequacyof the arrangements therefor.
6. The State Government may, by notification, cancel any declaration made under section 5 or alter any area notified under that section :
Provided that before issuing any such notification the State Government shall consider the matters referred to in sub-section (2) of section 5 in so får as they may be +pplicable.
7. The State Government may for the purpose of this Act establish industrial, agricultural or notified
and may order anyoffendersin reformatory settlements settlements.notified offender to be placed in any such settlement.
8. The State Government or any officer Power to
authorised by them in this behalf may at any time.discharge or by an order in writing, direct any notified offenders transfer p ersons from cettlementswho may be in a settlement to be discharged, or transferred to any other settlement.
Power to
9. The State Government may, by order, directaubject voluntarythat any person voluntarily residing in any residents in settlementsettlement shall be subject to all or any of the to restric• restrictions and penalties imposed by or under this
•ions and
Act on a notified offender placed in such settlement.penalties. 10.Any notified offenderwho contravenesany Penalties of the provisionsof this Act or any notification, rule or order made thereunder shall be punishable—
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Arrest of notified offen ders. R ules for the removal of prisoners to apply in certain
cages.
Bar of
j urisdiction, P ower to
make rules.
240
(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 ;
(b) on a second or subsequent conviction, with imprisonment for a term which mayextend to one year, or with fine which may extend to five hundred rupees, or with both ;
11. If a notified offender—
(O) is found outside the area -to which his movements have been restricted in contrmvention of the conditions under whick he ig permitted to leave such area, or
(b) escapes from any settlement in which he has been placed,
he may be arrested without warralit, by any police officer, village headman or village watchman•and taken before any Magistrate who, on proof of the facts, shall order him to be removed to such area or to such settlement, to be dealt with in accordance with the provisions of this Act and any rules made thereunder.
12. Every law or rule for the time being in force governingthe removal of prisonersshall apply to all persons ordered to be placed in a settlement under section 7 or to be removed under section 8 :
Provided that na order from the State Govern- ment or the Inspector-General of Prisons shall bc necessary for the removal of such persons. 13.No Court shall question the validity of any notification or order, issued under this Act.
14. (1) •TheState Government may make rules to. carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for or
(a) all matters required or allowed hy this Act o be prescribed :
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241
(b) the intervals, manner and the authority to be prescribed under section 4 ;
(e) the restrictions to be observed under section 5 by notified offenders in respect of wbom notifications havo been issued under section 3 ;
(d) the grant of certificates of identity to notified offenders, and the inspection of euch certifi• cates ;
(e) the conditions under which notified offenders may bo permitted to leave the area to which their movements are restricted or the places in whaoh they are settled ;
(f) the inspection of the residences of notified offenders ;
(g) tbe terms upon which notified offenders may be discharged from the operation of tbis Act ;
(h) tho management and supervision of settlements including the discipline and conduct of tbe persons placed in them ; and
(i) the periodical review of tho cases of all persons who have been placed in any settlement under this Act.
(3) All rules made undor this section shall be published in the Gazette, and upon such ehall have effect as if enacted in thig Aet.
242
SCHEDULE 1
[ SeeSection 2 (a) ] Sections. of tho Indian Pena) Code
302 Murder
804 Culpable homicide not amounting to murder
307 Attempt to murder
308 Attempt to commit oulpablo homiciäo
311 Being a thug
382 Theft aftor preparation mado for causing death. hurt or restraint in order to the committing of the theft.
392 Robbery
393 Attempt to commit robbery
394 Voluntarily causing hurt in committing robbery
395 Dacoity
396 Murder in dacoity
397 Robbery or dacoity, Witb attempt to oauso death or grievous hurt.
398 Attempt to commit robbery or dacoity when armed with deadly weapon
399 Making preparation to commit dacoity
400 Belonging to a gang of persons associ&ted for habitually committing dacoity.
401 Belonging to a wandering gang of persons associated for the purpose of habitually committing theft.
402 Asgembling for purposeof committing dacoity
412 Dishonestly receiving stolen property knowing that it was obtained by dacoity.
413 Habitually doaling in stolen property
458 Lurking house-trespass or house-breaking by night, after preparation for hurt, assault or wrongful restraint.
469 Grievous hurt causedwhilst committing lurking house.treaposs or houso-broaking.
460 All persons jointly concornod in lurking house-trespass or houre. breaking by night punishable whore death grievous hurt is eauæd by one of them.
243
SCHEDULE 11
[ SeeSection 2 (a) Sections of the Indian Penal Code
231 Counterfeiting coin
232 Counterfeiting Indian Coin
233 Making or solling instrument for counterfeiting ooin
234 Making or selling instrument for counterfeiting Indian coin
235 Possession of instrument or material for the purpose of using the same for counterfeiting coin.
239 Delivery of coin, possessed with the knowledgo that it is counterfeit.
240 Delivery of Indian coin possessed with tho knowledge that it ii counterfeit.
242 Possession of counterfeit coin by a person who know it to be counterfeit when ho became possessed thereof.
243 Pcnsession of Indian coin by person who knew it to be counterfeit when he became possessed thereof.
326 Voluntarily causing grievous hurt by dangerous weapons or means.
327 Voluntarily causing hurt to extort property or to constrain to an illegal act.
328 Causing hurt by moans of poison, etc., with intent to commit an offence.
329 Voluntarily causing grievous hurt to extort property or to constrain to an illegal act.
332 Voluntarily causing hurt to deter public servant from his duty
333 Voluntarily oausing grievous hurt to doter public servant from his duty.
364 Kidnapping or abducting in order to murder
367 Kidnapping or abducting in order to subject person to grievous hurt, Blavery, etc.
369 Kidnapping or abducting child under ton years with intent to stoal from its person.
370 Buying or disposing of any person as a slove•
371 Habitual dealing in slaves
379 Theft
890 Theft in a building, tent or vessel
381
384
385
386
387
Theft by clerk or servant of propocty in possessionof Master of Employer.
Extortion
Putting person in fear of injury in order to commit extortion Extortion by putting a person in fear of death or grievous burt Putting person in fear of death or Ofgrievous hurt in order to commit extortion.
Lurking house-trespass or house-breaking by night in order to the commission of an offence punishable with imprisonment. 489.A counterfeiting currency-notes or bank-notes 489.B Using as genuine, forged or counterfeit currency-notes or bank notes.
489.C Posseøsionof forged or counterfeit currency-notes or bank-notes '89.1) Making or possessing instruments or material for forging or oounterfeiÅng currency-notes or bank-notes.