THE PUNJAB HABITUAL OFFENDERS (CONTROL AND REFORM) ACT, 1952

1952 : Pb. Act XIL] HAWITUAL orrENDERS (CONTROL 45 AND REFORM) THE PUNJAB HABITUAL OFFENDERS FORM) ACT, o5 (CONI‘R()L AND RE- ARRANGEMENT OF SECTIONS Sections. 1. Short title, extent and commencement. 2, Definitions, 3. Registration of habitual offenders. 4, Restriction on registration, ;.‘ 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 footprints 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. SETTLEMENT 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 Penalties for failure to comply with terms of notice under section 5 or section 7. > 18. Penalties for breach of rules. 19. Arcest of registered p2rsons beyond prescribed limits. N 46 HABITUAL OFFENDERS (CONTROL (1952 : Ph, AND REFORM) Act x|y 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 jurisdiction of courts in questions relating to certgj notifications. aig 24, Saving of certain orders. 25. Saving of existing rules. SCHEDULE. el 1952 + Pb. Act XIL.] HABITUAL OFFENDE AND ngl’:'oll:fl;n‘ks (CoNTROL 47 ,THE PUNJAB HABITUAL OFFE ‘ B EARTUAL QP PENDRRY CONTAE, PuNIAB AcT No. XII or 1952. Received the assent of the Governo r of P of August, 1952, and was first pul)lishefd iznlji:]ebPo:nj’:; 16th ment Gazette (Extraordin ary) of the 19th August. Govern 1 Short title Whether rg;:aled or :!h—:;:e— affected by later legisiation 1952 XI11 The Punjab Habitual Amended in 2 Offenders (Control and Act XXX ofpla;;r by Ewed Reform) Act, 1952 Extended to the territories which immediately __before the _Ist Novcmbcr. 1956, were comprised in the State of Ppatiala 3 East Punjab States Union_ by | Punjab Act No. 5 o Amendgd‘by Punjab Act No- 25 | Amended by the P.un.lflb Reorganisation (Chandlwh) (Adzptation of Laws on Stat¢ and Subjects) Order, 1968. — ‘ Concurrent An Act to provide for the registrationof habitual_offendgrs nd for jmposing certain restric- in the State of Punjab a tions on them. WHEREAS it is expedient 1o make provision for the registration of habitual offenders and for imposing cerfain restrictions 0n them e "_// //,_ .,/, ,, Punjab Governmen! Gug;égfl;:; 1For Statement of Objects and Reasons, €€ codings 'lJ.rdi{rary), d‘glcd%r; 9?1\ J quy, 1952, pasclg‘;g '\/{3: lg{_"f]“fl;"'(“:fg;g7 :°(2m 65, and for inju, Legiiative Assem bly DERE T isaiive ume £ Bebates, 1952, Volume 11 proceedings in Council, se¢ 1 Gazelle (Exlm‘; pp (20)3—(20)58- *For Statement of Objects and Reasons, $¢¢ Punja Goyernmen (LT 5 cecdings 1N the Assembly S5, pase 10§ €4 prc;lc[e)eb;:‘les, 1953 ordinary), dated 17t March, N ! islative ‘Assembly and Coun¢! Council, see Punjab Legt (B zette (EXIra sFor Statement of Objects and Reasons, ordinary), 1957, page 339, bjects and Reasons: see punjab Gove 935—37- rament Gazelle (Ex 1For Statement of tra- ordinary), 1964, pages N 48 HABITUAL OFFENDERS (CONTROL (1952 : pp, Act x AND REFORM) 1L, It is hereby enacted as follows :— Short title, extent 1. (1) This Act may be called the Punjab Hgy, “men ™™ Offenders (Control and Reform) Act, 1952, S (2) It shall extend to the whole of the [Uniop territory of Chandigarh). (3) It shall come into force on the 31st day of August 1952. ’ Definitions. 2. (I) “Code” means the Code of Criminal pr,. . cedure (Act V of 1898). 1 (2) “Government” means the *[Central Government] ; ¥ *3) “Habitual Offender” means a yerson— (@) 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 com- mitted on different occasions and not consti- tuting parts of the same transaction ; and **(b) who has, as a result of such convictions suffered 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 imprisonment suffered In conncction therewith shall not be taken into account for the above purpose, Explanation 2.—In computing the period of five years, any period spent in jail either under a sentence of Imprisonment or under detention shall not be taken into account], — !Substituted for the words “State of Punjab” by (}¢ Furjib Reorganisation (Chandlgurh) (Adaptation of Laws on State and Conc)l/urml Subjects) Order, 1968 #Substituted for the words ““Governmen of Punjab” by jp/d. "Substituted by the Punjab Habitual off Amend- ment) Act, 1953, Section 2 (‘;’unjnb A::lx?(;:no(}'c;;S(g?n"o' S Resorgn) { 1952 4 b. Act X I-] I . Pl OFFENDERS 1 HABITUAL )l) R ((,ONIRUL 49 (4) “Registered person” me: i under this Act, as alimbitual lgl?l:::l::ie? persan rogletere 5) “Prescribed” g unde(r )this Act. means prescribed by rules made (6) Words and expressions used but i i this Act shall have the meanings assigned Itlg ttlileergni‘r:ldtlllg Code. 3. The Government may direct the District Magis- Registration trate to make or cause to be made a register of habitual Labitaet of- offenders within his district. endes: of f Restriction on res gistration. 4. No person shall be registered under this Act, i more than six months have elapsed since the expiration of the sentence of imprisonment relating to his last'con- viction. ection 3, Procedure in muk- 15. Upon receiving a direction under s e the District Magistrate shall— (@) publish a ‘notice in the prescribed manner calling upon habitual offenders— ace specified there- (i) to appear at a time and pl by him in before the person appointe in this behalf, on such information as (é) to give to that pers ) may be necessary to enable him to com- plete the register, ¢ of habitual offenders to be pr Provided that before entering the name flof any person in such register the District Magistrate or ?ran Executive Magistrate] not below the rank of second class appointe by him in this behalf shall give him a reasonable oppor- tunity to show cause why such entry should not be ma e]. and cause a registe epared : 1Substituted by Punjab Act XXX of 1953, Secticn 3. » by Punjab Act No, 25 of 1964. *Substituted for the words Magistrate : 'FENDERS (CONTROL [1952 ¢ Ph, A X1 50 HABITUAL OFt Lh;\DND m(zroRM) ister; when made, shall be placed i, 1 ’.[6. 'g'l}f“;‘cg{ls};z'r’in‘re]:ndcnt of Police ogpt}!e di&ri.c[c' keeping °from time to time report to the District Magj. NEw? I;I:C);l alterations as ought in his opinion to be made ttlrl?a:%in by way of addition or erasure.] Charge of register. ; i ! laced in | . the register has been p the S k |7n (01f2 Qgesruperimcndent of Po])ce; *[and SUb[lect i toe(;ll)'le %rovisions of section 8], no person’s name sha| be added to the register, and no registration shall be cap. celled except by, or under an grdir in vxnling*of; the District Magistrate. [ r"‘ *, e Before the name of any person i | ‘regisg)r under this section, the {District] Magistrate shall give notice in the prescribed manner to the person con- cerned— ar before him or any authority appointed 2 tgyagg: in this behalf at a l‘imesaqd ‘place there- in specified ; 1 b) to give to him' or such authority such informa- ( tio%l as may be necessary to enable the entry to be made ; 5[ * * | 5[(6) * % *] Provided that before adding the name of any person to such register, the District Magistrate or a person Il‘}?t below the rank 'of an Executive Magistrate of (he him a reasonabje opportunity to show cause why such addition should poy be made. —_— ‘Sub:t;!;:ted by the Pun ment) Act, 1953, —— Punjab Hubitual Offenders (Control and Reform) (Amen section 4 (Punjab Act XXX of 1953), Y . *Inserted after (he word “‘Police”, by section 5() ipid. ’ he words “or *T] of the Governmeny** o i bi comma after the word “Magistrates ment’* omitted by ibid, and the » converted into 5 “full-slnp". ‘Inserted by section 5(ii)(a) ibid. *The word * d" omited section 5(ji)(5) an?in(c). al;)izw end of clause (b) ang the whole of clause (¢) N i « . V0. 28 of lDE:,bs"‘umd for the words ‘%3 Sccond Class Magist.ate” by Punjab Act No : Pb. Ac - 1952 t XII.] MABITUAL OFFENDERS (CONTROL 51 AND REFORM) . Any person aggri proposcd tg l’l:c lnndcdgi%.llgl\]’ g? by any entry made, or Complaints of ister is first made or s‘ubsclq{l?:%lligllc r, either when the entry in register. {he Commissioner of the Division {{g::i’zzt ’:Ll:rfisem to who shall retain such person’s name on the r i tentry, enter it therein of erase it therefrom, as he n?z%;’s e‘rf;ir(l)r fit 3 provided that the Government shall be competent cither on_its own motion or on an applicati . C pplication made in this behalf by the aggrieved person to confirm, alter or rescind any order passed by the Commissioner. fficer appointed Powertotake finge h9. ThehDis’tl)rifit Magistrate or any o by him in t is behalf i i : - y may at any time order the finger e and phote- impressions 1[photo graphs and footprints] of any registered prints at any time: person 10 be taken. 10. (1) The District Magistrate may in respect Of Registered persons one or both of the to report them- selves or notify registered person give either, namely, that every such person i place Oof residence. d manner— any following directions, shall in the prescribe (a) report himself (b) notify his place of resi or intended change of residence, and any absence Orf intended absence fro dence Provided that no such order shall be for @ term ex- ceeding fhree years, nor shall it be made unless the necessity ing i been established t0 the satisfaction © inquiry held by such for making it has the District Magistratc, after an inquiry authority and in such mannet as may be prescrlbed. of whom the (2) Where 2 registered person in respect Districl Magistrate has issued 2 direction under. sub- i ce of residence t0 2 district seclion (/) changes his P other than that in which he has been regis! is Act shall apply t f he had been visipns of this hall registered in that district 10 P made under section . — b Act, XXX of 1953, section Punjal fi nt) Act 1953). a orm) (Amendme 'lnfcrlcd after the word “impression *, by 6 (Punjab Habitual Offenders (Control and Ref e L OFFENDERS (CONTROL [1952 : Pp, 4, 52 HABITUA AND REFORM) X, any such registered person chqy o ¢ placc(3())f\¥gls‘i:(ri§nceyto a district other than that i“gWhiT}f he has been registered, the relevapt entry in the Tegiste shall be transferred to the Superintendent of Police of that district. Power to restrict 11. (1) If the Government considers that jt is €x- ste sioer pedient that any registered person should be— persons. (a) restricted to any specified area, or () settled in any place [of residence], the Govern- ment may, by notification in ~ the officia] Gazette, declare that such_z[per§on] shall be restricted to the area specified in fhe notifi- cation or shall be settled in the place lof residence] so specified, as the case may be : *[Provided that no such declaration shal] 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 circqmstances of the of- fences in which the registered person is be- lieved to have been concerned : (i) whether the registered person follows any —_— — —_— = (Inserted by the Pypj; i Act, 953), section 7(,)(:)?;3 S:bh"le gge;d:{rsl g(;;))r.mol and Reform) (Amendmept s 52 : Pb. X ) 1952 Act XIL] HABITUAL OFFENDERS (con AND REFORM) ot 9 (iv) the manner ir i € v which it is CTS! " . S propos Eisl Oll}véfl-l bcdlcsi_nqlcd or I;clficdcghtlill?(ethc in the hc\00 l\vnh'm the restriction ‘areaam of lhcp "lrre'n?re [residence] and the adequac;r arrangemen i ; therefor. gements which arc proposed 12. The Government i ifi vary the terms of notificati may by a like noificatiof fetfus s or ation issued by it under section 11 e e for the purposes of specifying another restriction area ot or another place of *[residence], as the case may be, and any officer empowered in this behalf by Government ma(i', by qrder in writing, vary any notification madé under section 11 or under this section for the purposes of specifying another restriction area, or, as the case may be, another place of [residence] in the same district. 13. Every 'registered person whose movements Verification of pre- have been restricted or who has been settled in a place % o™ sered 2[of residence] under the provisions of this Act shall p,e“s'&“i’bed area of attend at such place and at such time and before such place of seulement. person as may be directed in this behalf. SETTLEMENTS AND SCHOOLS 14. (I) The Govyernment may establish industrial, Power mdmpegs':: lements and Schools ig'seuements. agricultural, or reformatory sett and may order to be placed in such setlement 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 he]_d lz‘y such authority and in such manner a$ may be prescribed. r under sub-section (1) shall be for a ars. njab _ Habitual offenders Pl!‘i %Punjuh Act XXX of 1953). (2) No order term exceeding five ¥¢ — word wgettlement” by the ¥ . 4 Substituted for the Word ment) Act, 1953, Section (Control and Reform) (Al Jnserted by section 9, ibid. | 54 " HABITUAL OFFENDERS (CONTROL [1952: Ph, Agt X AND REFORM) I Power to discharge 15. The Government or any officer authoriseq or transfer persons it in this behalf may, at any time, by general or g fi settlement % 2 | peci or schools. sol-d_er, direct any person who may be in any mduslria? agricultural, or reformatory settlement or school ip the State— (a) to be discharged, or (®) to be transferred to some other settlement or school in the State. . Power to make 16. (1) The Government may make rules to carry rules. out the purposes and objects of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may pro- vide for or regulate :— (a) the form and contents of the register referred to in section 3 ; (b) the manner in which' the notice referred to in section 5 shall be published and the means by which the persons whom it concerns, and B 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 in- formed of its publication ; (¢) the addition of names to the register and the erasure of names therein, and the mode It which the notice referred to in sub-section ( of section 7 shall be given ; (d) the manner in which persons mentioned It section 10 shall report themselves, or notl 5 their residence or any change or mtend,‘;r change of residence, or any absence OF ! tended absence ; A (e) the nature of the restrictions to be obscr\’cd by persons whose movements have be“ restricted by notifications under section or section 12 ; 1952 Pb. Act XIL] HABITUAL OFFENDERS (CONTROL 53 AND REFORM) (f) the circumstances i stances in which regi fs‘g?l%nsbc required to posscssg“:;am perdsons for ins l!)eici:m\x:li!'c¢i=,rlll‘icmes of identityp;%d“t‘;f' ich ifi 4 D ianted ; such certificates “shall be (g) the conditions as to : passes under whi ;xfiay be permitted to leave therpv;lallléghir? evr/slqunfi ey are settled or restricted ; s (k) the conditions to be ins i o Segatt] to— erted in any such pass (@) the places where the holder of go or reside ; the P’ (ii) the persons before whom, from time to time, he shall be bound to report himself and (iii) the 1tt§me during which he may absent him- self ; (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 : be discharged from the opera (m) the managements control industrial, agricultural or re ments and schools ; ‘ ‘ ¢ hours during placed I industrial, agr- i \(lement shall be persons, © th labour ; an __. ‘! . 56 HABITUAL OFFENDERS (CONTROL [1952- pj, Act AND REFORM) Xy the discipline fo which persons enq, ) @ to csca;?e from any industrial, agr?é’%unng or reformatory se tlement or school, o oth wise offending against the rules for the tier' being in force shall be subject, the Perig dime visiting of such seltlement or school apng tchal removal from it of such persons ag are o sidered expedient to be removed. n. PENALTIES AND PROCEDURE Penalties for failure 17. Whoever, without lawful excuse, the burden o erms " pon proving which shall lie upon him,— under section S or section 7. (a) fails to appear in compliance.with a notic, issued under section 5 or section 7, or ()] intentionally omits to furnish any informs. tion 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 foot-prints to be taken by any person acting under an order passed under section 9, may be arrested withou( warrant, and shall, on convic- tion, be punishable with imprisonment for a term which Penalties for breach 18. (1) Any registered person who contravenes of rules. * any rule I[notice, direction or order] made under this Act [the breach of which is not otherwise provided f9f] shall be punishable with imprisonment for a term which (@) 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 nserted by Punjab Habitual Offenders (Control and Reform) (Amendment) Act, 1953,%section 10(Punjab Act XX *[oserted by ibid, X of 1953, - pPh. Act X 1952° P t XTL] HABITUAL OFFENDERS (¢ AND REFORM) s (CONTROL 57 (b) on any subse subsequent convicti . ment : iction, with i : or wilq?rfii::c\r\l;:'“{h'ch may CX"Cnd"tho Ig::?;::’:_ | which ma A s | rupees, or with laolh_y extend to five hundred (2) Any person who its 4 punishablc by this scction \s(}::g}':":: nlgt o'ffcncc e offence as defined in the Code may be 'lrr‘::stecc;)gn'lzfib‘e a2 warrant by any officer in charge of a i;oliée sl“t,'lt hor by any police officer not below the rank of a sub%ilnosl;;: tor. 19. () Ifa registered person is i ; area or place of fresidence] 1o ahion s outside the b ve been_restrl cted or in which he has been settled, in eI EES contraventi on of the conditions, under which he is f)er- mitted to leave such area, or who *escapes] from an industrial, agncu]tural or reformatory settlement Of school in which he has been placed may be arreste without warrant by any police officer, village headman or village watchman, and shall be taken before 2 Magistrate, within 24 hours of such arrest an the sExecutive Magistrate], on proof of the facts, shall to such order him to be removed to such area or place or there to be dealt se}tlement or school, as the case may be, with in accordance with this Act or any rules made there- under. (2) The rules for (he time being in force for the 17 moval of prisoners shall apply to all persons Temovel under this section of under any other provision of this Act : n order from Provided that 2 from the Inspector-Gc neral necessary for the removal of such porsOmS. |t D s ) . appoll_fllt’ad in this Duies seport 20. Any person behalf, shall forthwith rep | the nearest police station the arriva (a) a person Who Da%, i inpanswer to a notice under Act, g 2 (b) a registered person under this Act. rd “Settlement", 1Substituted for the Wo! y ibid. r the word wescaped” b sSubstituted fo b ¢ word “Magisualc ‘ ¢t No. 250 . agubstituted for th 'y Furiab A —m— W wawrrie et (oonvecr (AR PR Qer Y PR L Pol e b P Ay peeen e Tl B cnimply wig - - Duivewent: o aveinn W dat e deenied t miteny oo e M aler the Firet ga "y - oW e tndine Codle (et XY oF T W Mt g (1) Setwihe e e ~'zmma-« P e Teibm Ag 1908 (At V1 oF 1800 every perdBWhe dood Y+ o, - - vpietermtl undle That Ret at the commenc of this Ac ol whe s hwbetent oMender ac defied in sk sortoom (11 oof anctien 7 of et Aot chall “vr to be rogistersd prrann undes the Act provided that more thar s monthe heve med elapred anve the non of e sentence o refating to his convie. o ot the time the commencement of IS Act 0 Wk to sk persons as m the next subaection, all orders | V1 of vm‘i shall be doemed to have been Lo Aot (Aot V1 of 1924) and canting ment of thes Aot shall be desmed to have 1052: Pb. Act XTL] HARITUAL ¢ . OFFEN , p AND nnmug“s (CorTiEs > . &. The rules f 1o 1974 2 s framed under - y act (Act VT of 1924) shall continue the CrimindSpbes m ateee they are not inconsistent with the provi in so far as™ Act, Qnd shall so remain in force unmp"?:mo"s of this py rues framed under this Act. y are replaced SCHEDULE (1) All offences mentioned in C oy Tndian penal Code (Act XLV of O o e ! Sl () All offences punishable under the foliowin 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, 376’, 377, 379, 380, 381, 382, 384, 385, 386, 3 96, 397, 398, 387, 392, 393, 394, 95, ' , 402, 409, 411, 412, 413, 414, 420. 449, 450, 454, 455, 456, 457, 458, 459 and 460. (3) An offence under section 3 of the Public Gambl- ing Act, 1867 (Act 111 of 1867). B o (4) Any offence under Essential Supplies (Tempo rary 0. XXIV of 1946), rules and orders - Powers) Act (Act N framed and issued thereunder. II of 1867.