Chapter III CORRECTIVE TRAINING OF HABITUAL OFFENDERS

(1) For the purpose of placing therein such habitual offenders as are directed to receive corrective training under this Act, the Government may, by notification in the Official Gazette, establish and maintain in the 1[State] of Himachal Pradesh as many corrective settlements as it thinks fit. (2) The Government may also approve or certify any privately managed institution (whether known as a settlement or otherwise) as a corrective settlement for the purposes of this Act. THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 8 1. Substituted for "Union territory" vide A.O. 1973.

1[State] of Himachal Pradesh as many corrective settlements as it thinks fit.

1. (2) The Government may also approve or certify any privately managed institution (whether known as a settlement or otherwise) as a corrective settlement for the purposes of this Act. THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 8

¹ Substituted for "Union territory" vide A.O. 1973.

(1) Where the Government is satisfied from the report of the District Magistrate or otherwise that it is expedient with a view to the reformation of a registered offender and the prevention of crime, that the registered offender should receive training of a corrective character for a substantial period, the Government may by order in writing direct that the registered offender shall receive training of a corrective character for such period not exceeding the duration of his registration or re-registration as may be specified in the order.

1. (2) Where a habitual offender, who is not more than forty years of age,-
   • (a) is convicted of any offence punishable with imprisonment, or
   • (b) is required in pursuance of section 110 of the Code to execute a bond for his good behaviour, and the court or the Magistrate is satisfied from the evidence in the case and other materials on

record that it is expedient with a view to his reformation and the

prevention of crime, that he should receive training of a corrective character for substantial period, the court or the Magistrate may, in lieu of sentencing him for such offence or, as the case may be, requiring him to execute such bond, direct that he shall receive corrective training for such term of not less than two or more than five years, as the court or the Magistrate may determine.

1. (3) Before giving any direction under sub-section (1) or sub-section
2. (2) the Government, the court or the Magistrate, as the case may be, shall,-
   • (a) consult the officer prescribed on the capacity of the corrective settlements to receive the habitual offender;
   • (b) take into consideration the physical and mental condition of the offender, and the suitability for receiving corrective training in a corrective settlement; and
   • (c) give a reasonable opportunity to the offender to show cause why such direction should not be given.
3. (4) A habitual offender, in respect of whom a direction to receive corrective training has been made, shall be placed in a corrective settlement for the term of his training, and while in such settlement shall be treated in such manner and receive such training as may be prescribed.

The Government or any officer authorised by it in this behalf, may at any time by order in writing direct any habitual offender who may be in a

corrective settlement to be transferred to another corrective settlement to be

discharged therefrom, and accordingly he shall be so transferred or, as the case may be, discharged.

THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969