1952: Pb. Act 12] HABITUAL OFFENDERS (CONTROL 63 AND REFORM) PUNJAB HABITUAL OFFENDERS (CONTROL AND REFORM) ACT, 1952. PunyaB Act No. 12 or 1952 TABLE OF CONTENTS SECTIONS १9 9०24 का छा के एफ ० . Short title, extent and commencement, . Definitions. . Registration of habitual offenders. . Restriction on registration. Procedure in making register. Charge of register. Alteration in register. . Complaints of entry in register. ¢ . . Power to take finger-impressions, photograph and foot-prints at any time. 10. Registered persons to report themselves or notify their place of residence. 11. Power to restrict movements of, or settle, registered persons. 12. Power to vary specified area or place of settlement. 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. , 15. Power to discharge or transfer persons from settlements or 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. 23. Bar of juricdiction of courts in questions relating to certain 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. PuniaB Act No. 12 oF 1952. [Received the assent of the Governor of Punjab on the 16th of August, 1952, and was first published in the Punjab Government Gazette (Extraordinary)of the 19th August, 1952.] ”‘l;l 2 3 4 T . | Y_‘ear No. Short title, - Whether repealed or otherw’ise affected - by legislation. 1952 .. 12 Punjab Habitual |Amended in part by Punjab Act 30 of 1953 . Offenders (Con- | Extended to Pepsu Territory by Punjab 01 and Reform) Act 5 of 1957.% . Act, 1952 BExtneded by Punjab Act 25 of 1964.* Ty SR F [T A —— 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 offenders and for imposing certain restrictions on them; IT is hereby enacted as follows :— 1. (1) This Act may be calied the Pun“jab Habitual ¢ tifle’ ex- Offenders (Control and Reform) Act, 1952. tent and come mencement. 1. For Statement of Objects and Reascns, see Punjab Government Gazette (EX- traordinary), 19th July, 1952, page 646: for proceedings in the Assembly see Punjab Legislative Assembly Debates, 1952. Volume II pp.(29)27-(29)65; and for proceedings. in Council, see Punjab Legislative Council Debates, 1952, Volume II pp. (20)3-(20) 58. 2. For Statement of Objects and Reasons, see Punjab Government Gazette, (Ex- traordinaty), dated 17th March, 1953, page 336; for proceedings in the Assembly and Council, see Punjab Legislative Assembly and Council Debates, 1953, : 3 .For Statement of Objects and Reasons, see Punjab Government Gazette (Ex- traordinary), 1957, page 339. - I "4, For Siatement of Objects and Keasvas, see Funjab Government Gazeite (Ex- traordinary), 1964, page 935—37.
P | 66. पहाशाए2, 0काकरण ए5 ((एराफ0, [1952: Pb. Act 12 AND REFORM) । (2) 1t shall extend to the whole of the State of Funjab. | (3) It shall come into forLe on the 31st day of August, 1952. , Definations 2. (I) “Code ” means the Lode of Criminal Pro- cedure (Act V of 1898), (2) “Government” means the Government of Punjab. [(3) “Habitual 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 or 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- flered 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 or under detention shall not be taken into ac- count.] (4) “Registered person” एव a person registered under this Act, as a habitual offender. (3) “Prescribed” means prescribed by rulesmade under this Act, 1. Substitutedby the Punjab Habitual Offenders (Control and Reform) (Amendment) Act, 1953, Section 4 (Punjab Act 30 of 1953).
1952 :Pb. 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- trate to make or cause to be made a register of habitual offenders within his district. : 4. No person shall be registered under this Act, if more than six months have elapsed since the expiration of the sentence of imprisonment relating to his last con- viction. 5 1[5, Upon receiving a direction under section 3, the District Magistrate shall— (a) publish a notice in the prescribed manner calling upon habitual offenders— (i) to appear at a time and place specified there- in before the person appointed by him in this behalf. (i) 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 or2{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.] 3[6. The register,when made, shall be placed in the keeping of the Superintendent of Police of the district, who may from time to time report to the District Magis- trate such alterations as ought in his opinion 10 96 11806. therein by way of addition or erasure.] 1. 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 4 (Punjab Act 30 of 1953.) Registration of habitual of- fenders. Restriction on registration, Procedure in making register . Chagge of regis~ ter
68 HABITUAL OFFENDERS (CONTROL [1952 Pb. Act 12 ) AND REFORM) ' 7. (I) After the register has been placed in the keep- ing of the Superintendent of Police, [and subject to the Alteration in provisions of section 8], no person’s name shall be added register to the register, and no registra Eion shall be cancelled except by, or under an order in writing of, the District Magistrate. 2[ *® ok . * * ] (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 — (@) toappear before him or 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 i to be made; ¢ ].. ‘(c) — * * Provided that belore adding the name of any person to such register, the District Magistrate or a person not below the rank of 5[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 entty in registel. - nroposed to be made, in such qu_ueISter, either when the. register is first made or subsequently, may represent to the Commissioner of the Division against such entry, who shall retain such person’s name on the register, or enter it therein or erase it there from, as he may think fit: —— ४ 1. Inserted after the word “Police” by scctioln_ 5 (i) of Punjab Act 30 of 1953- ) 2. The words “or of the Government™ omittdd by ibid, and the comma after after the word “Magistrate” converted into a “full-stop™. 3 7Iwn”sreflrted b‘y srection 5 () (a) ibid. 4. The word <“and” at the end of clause (b) and the whole of clause (c) omitted by section5 (if) (b) and (c) ibiid. 5. Substituted for the words “a Sscond 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 by the aggrieved person to confirm, alter or rescind any order passed by the Commissioner. 9. The Dsstrict Magistrate or any officer appointed by him in this behalf may at any time order the finger impressions [photographs and footprints] of any regist- ered person to be taken. 10. (/) The District Magistrate may in respect of any registered rerson give either, one or toth of the fol- lowing directioas, namely, that every such person shall in the prescribed manner— ' (@) 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) Whe-e a registered person in respect of whom the District Magistrate has issued a direction under sub- section (/) changes 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 thet district in pursuance of a direction made under section 3. (3) Where any such registered 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. e 1. Inserted afixr the word “‘impressions”, by Punjah Act, 30 of 1____——-—————————-—~————-—-——r—953 slegcstion 6 (Punjab Halbitual Offenders (Control and Reform) (Amendment) Act, 3). . . : Power to take finger impres- slons, photo- graph and foot- prints at any time. Registered per- sons to report themselves or notify their place of resi~ dence.
| 70 HABITUAL OFFENDERS (CONTROL [1952 : Pb. Act 12 AND REFORM) जिन to res. 11. (1) If the Government considers that it is of, or settle , expedient that any registered person should be— registered persons (a) restricted to any specified area, or (&) settled in any place 1[of residence],the Go- vernment may,by notification in the official Gazette, declare that suchz[person] shall be restricted to the area specified in the notification or shall be settled in the place 1[of residence] so specified, as the case may be. | s[Provided that no such declaration 5081 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 — (0) the nature and the circumstances of the offences in which the registered person is believed to have been concerned; (i1) 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 re‘strliction 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 '[residence] and the adequacy,. of the arrangements which are proposed therefor. 1. Inserted by Punjab Habitual Offenders (Control and Reform) (Amegdment) Act, 1933, section 7 (i) (q) (Punjab Act 30 of 1953). 2. Substituted for the word ‘“‘persons” by section 7 (i) (b), 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 the terms of notification issued by it under section 11 for the puposes of specifying another restriction area or an- other place of 1[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 11 or under _ this section for the purposes of speci- fying another restriction area, or, as the case may, be another place of I[residence] in the same district. 13. Every registerd person whose movements have been restricted or who has been settled in a place 2[of residence] under the provision of this Act shall attend at such place and at such time and before such person as may be directed in this behalf, SETTLEMENTS AND SCHOOLS 14. (/) The Government may establish industrial, agricultural, or reformatory settlements and schools and may order to be placed in such settlement 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 ' by such authority and in such manner as may be prescribed. (2) No order under sub-section (7) shall be for a term exceeding five years. 15. The Government or any-officer authorised by it in this behalf may, at any time, by general or special order, direct any person who may be in any industrial, agricultural, or reformatory settlement or school in the State— , (@) to be discharged, or '(b) to be transferred to some other settlement or school in the State. 1. Substituted for the word “Settlement”, by the Punjab Habitual Offenders (Control and Reform) (Amendment) Act, 1953, section है, (Punjab Act 30 of 1953). 2. Inseriédby section 9, ibid. Power to very specified area or place of setile- ment V crification of p resence of re- gicred persons within prescrib= ed ‘:ea or place of settlement, Power to place registered peg- solg in settle= ments. Power to dis- charge or trans- fer preson from settlements or schools
| | | | 72 HABITUAL OFIENDIRS {CONTRCL [1652 :Pb. Act 12 AND RETORM) 1 f_%wa to make 16. (7) The Government may lmake rules to carry | Tules out the purposes and objects of this Act (2) In particular and without prejudice to the gene- rality of the foregoing power, such rules may provide | for or regulate— | (@) the form and contents of the register referred to in section 3 o (b) the manner in which the notice referred to in section 5 shall be published and the means ; by which the persons whom i: concerns, and ths 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 ., o Y (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 moveme:nts have been tricted by notifications under section 11 | or section 12 ः ® " (f) 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 unler which per- — -~ sons may be permitted to lcave the place in which they are settled or restricted;
1952 :Pb. Act 12] HABITUAL OFFENDIRS (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 (i) 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 (j) the authority by whom and the manner in which the inquiry referred to in section 14 shall be held (k) 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; (rm) the management, control and supervision of industrial, agricultural or reformatory settlements and schools; (दो 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 (o) 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 schoo}
| 94 HABITUAL OFFENDERS (CONTROL [1952: Pb.Act 12 AND REFORM) ' ः and the removal from it of such persons as are considered expedient to be removed. PENALTIES AND PROCEDURE | Penalties for Wh . t 1a P e 10 Come 17. oever, without lawful excuse, the burden ply with terms ~ Of proving which shall lie upon him,— of noticse 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 (¢) 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 for 18. (1) Any registered person who contravenes an breach of r,‘,ules rule 1[not(ice), direyctiogn or orpder] made under this Acty - 2[the breach of which is not otherwise provided for] shall be punishable with imprisonment for a term which may extend —, न | (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 1. Iuserted by Punjab Habitual Offenders (Control and Reform) - (Amendment) Act, 1953, section 10 (Punjab Act 30 of 1953), 9. Insevted 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, or with fine which may extend to five hundred rupees, or with both. (2) any person who commits an offence made punishable by this section which is not a cognizable 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. 19. (I) If a registered person is found outside the area or place of 1[residence] to which his movements have been restricted or in whichhe has been settled, in contravention of the conditions, under which he is permitted to leave such area, or who 2[escapes] from an industrial, agricultural or reformatory settlement or school in which he has been placed may be arrested without warrant by any police officer, village headman or village watchman, and shall be 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 sucharea or place or to such settlement or school, as the case may be, there to be dealt with in accordance with this Act or any rules made there- under. (2) The rules for the time being in force for the _removal of prisoners shall apply to all persons removed under this section or under any other provision of this Act: Provided (81 an order from the Government or from the Inspector-General of Prisons shall not be neces- .-ary for the removal of such persons. 20. Any person, authorised or appointed in this | behalf, shall forthwith report to the officer in charge of the nearest police station the arrival or departure of— - (a) a person who has failed to give information in answer to a notice under section 5. of the Act; S L 1. Substituted for the word “Settle‘mment”nm———_'by Punjab Habitual offenders {Central and Reform) (Amendment) Act, 1953 (Punjab Act 30 of 1953) section 11. 2. Subhstituted for the word “escaped” by ibid. Arrest of regise tered persons beyond_preserib- ed limits. Duties to report arrival an departure
Penalty for breach of such duties ‘Saving from effect 6f repeal of the Criminal Tribes Act, 1924 Bar of jurisdic- tion of courts in queéstions relat- iig to certain notifications, Saving of certain orders. ‘Saving of existing rules. 76 AND REFORM) (b) a registered person under this Act. 21. Any person who fails to comply with the re- quirements of section 20 shall be deemed to have commit- ted an offénce punishable under the first part of section 176 of the Indian Penal Code (Act XLV of 1860). - 22. (1) Notwithstanding the repeal of the Criminal Tribes Act, 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 referred to in the next preceding sub-section, all' orders passed under sections 10,11 and 16 of the Criminal Tribes Act (VIof 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- mencement of this Act shall be deemed to have been ‘established under this Act. 23. No court shall question the competence of any authority making or issuing any notification, order or direction, under this Act. 24. (1) Nothing in this Act shall empower any authority to pass an order under section 10 or section 11of this Act in respect of a person against whom an order -under section 565 of the Code or under the Restriction of Habitual Offiendrs (Punjab) Act, 1918 (Punjab Act 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, in regard to a person against whom any order under this Act'is in force. 25. The rules framed under the Criminal Tribes Act (Act VI of 1924 ) shall continue in force in so far as they are not inconsistent with the provisions of this Act, HABITUAL OFFENDERS (CONTROL [1952: Pb. Act 12 - XLV of 1860 VI of 1924 V1 of 1924 VI of 1924 Puniab Act V 1918 Punjab Act V 1918 VI of 1924
1952: Pb. Act 12] HABITUAL OFFENDERS (CONTROL 77 AND RETORM) and shall so remain in force until they are replaced by rules framed under this Act. ' SCHEDULE ALY of (1) All offences mentioned in Chapter XII of the 6 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. ¢ 81617’of 3) An offence under section 3 of the Public Gam- bling Act, 1867 (Act III of 1867). lx%xblv of (4) Any offence under Essential Supplies (Temp- 9 orary Powers) Act (Act No. XXIV of 1946), rulés and orders framed and issued thereunder. '