Chapter V MISCELLANEOUS

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

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.

The State Government may, by notification in the official Gazette, direct that any power exercisable by it under this Act, except the power under section 21, may also be exercised subject to such conditions and restrictions as may be specified in the notification, by such Officer not below the rank of a Deputy Commissioner as may be specified therein.

(1) The State 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:— (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 settlements 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 or certifying institutions established or maintained by persons other than the State Government as corrective 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; (m) any other matter, which is to be or may be prescribed under this Act. (3) In making rules under this Act, the State Government may provide that contravention of any of the rules shall be punishable with imprisonment which may extend to six months or with fine which may extend to Rs. 100 or with both. (4) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty 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 immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule 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; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

The enactments mentioned in Schedule B are hereby repealed: Provided that section 6 of the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899), shall be applicable in respect of such repeal and sections 8 and 24 of the said Act shall be applicable as if the said enactments had been repealed and re-enacted by this Act: Provided further that if immediately before the commencement of this Act,- (i) any person is a notified offender, or (ii) an order of restriction or an order of settlement has been made against any person, -under any of the repealed enactments and such person is a habitual offender within the meaning of clause (e) of section 2 of this Act, such person shall continue to be subject to the provisions of the relevant repealed enactment, as if such enactment had not been repealed for a period of four months from the date of commencement of this Act or until his name and other particulars are entered in the Register made under any direction issued under section 3 of this Act whichever is earlier.