Chapter V MISCELLANEOUS

No court shall question the validity of any direction or order issued under this Act.

No court shall question the competence of any authority making or issuing any notification, order or direction under this Act.

The Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act except the power under section 24 may also be exercised subject to such conditions, if any, as may be specified in the notification, by such officer not below the rank of a District Magistrate as may be specified therein.

(1) The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 (a) the form of notice under section 4 and the manner in which such notice may be served; (b) the form of the register of habitual offenders and the particulars to be entered therein; (c) the authority to whom and the manner in which any change or intended change of ordinary residence shall be notified under sub-section (1) of section 7; (d) the nature of restrictions to be observed by registered offenders whose movements have been restricted; (e) the grant of certificate of identity to registered offenders and inspection of such certificates; (f) the conditions under which the offenders may be permitted to leave the area to which their movements have been restricted or the corrective settlement in which they have been placed; (g) the terms upon which offenders may be discharged from corrective settlements; (h) the working, management, control and supervision of corrective settlements including the discipline and conduct of persons placed therein; (i) the conditions for, and the manner of, approving of certifying privately managed settlements; (j) the appointment of non-official visitors for corrective settlements; (k) the conditions and circumstances under which members of the family of a habitual offender may be permitted to stay with him in a corrective settlement; (l) the periodical review of the cases of all persons whose movements have been restricted or who are placed in corrective settlements under this Act; and (m) any other matter which is to be or may be prescribed under this Act. (3) In making rules under this Act, the Government may provide that a contravention of any of the rules shall be punishable with fine which may extend to one hundred rupees. (4) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session, for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the rule or decides that the rules should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, however, that any such modification or annulment shall THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 12 be without prejudice to the validity of anything previously done under that rule.

1. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969
   • (a) the form of notice under section 4 and the manner in which such notice may be served;
   • (b) the form of the register of habitual offenders and the particulars to be entered therein;
   • (c) the authority to whom and the manner in which any change or intended change of ordinary residence shall be notified under sub-section (1) of section 7;
   • (d) the nature of restrictions to be observed by registered offenders whose movements have been restricted;
   • (e) the grant of certificate of identity to registered offenders and inspection of such certificates;
   • (f) the conditions under which the offenders may be permitted to leave the area to which their movements have been restricted or the corrective settlement in which they have been placed;
   • (g) the terms upon which offenders may be discharged from corrective settlements;
   • (h) the working, management, control and supervision of corrective settlements including the discipline and conduct of persons placed therein;
     • (i) the conditions for, and the manner of, approving of certifying privately managed settlements;
   • (j) the appointment of non-official visitors for corrective settlements;
   • (k) the conditions and circumstances under which members of the family of a habitual offender may be permitted to stay with him in a corrective settlement;
   • (l) the periodical review of the cases of all persons whose movements have been restricted or who are placed in corrective settlements under this Act; and
   • (m) any other matter which is to be or may be prescribed under this Act.
2. (3) In making rules under this Act, the Government may provide that

a contravention of any of the rules shall be punishable with fine which may

extend to one hundred rupees.

1. (4) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session, for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the rule or decides that the rules should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, however, that any such modification or annulment shall THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 12 be without prejudice to the validity of anything previously done under that rule.

Nothing in this Act shall affect the powers of any competent authority under any other law for the time being in force to make an order of restriction or detention, and any order passed or direction made under this Act in so far as it conflicts with any order made by a competent authority under such law shall be deemed to be inoperative while the order under such law remains in force.

The Punjab Habitual Offenders (Control and Reform) Act, 1952 (Act No. 12 of 1952) as in force in the areas added to Himachal Pradesh under section 5 of the Punjab Reorganisation Act, 1966 (Act No. 31 of 1966) and the Bombay Habitual Offenders Act, 1959 (Act No. 61 of 1959) as extended to areas comprised in Himachal Pradesh immediately before 1st November, 1966, are hereby repealed: Provided that any order made, notification or direction issued, appointment made or action taken in exercise of the powers conferred by or under the Acts hereby repealed, shall be deemed to have been made, issued, done or taken under the corresponding provisions of this Act. ____________