Chapter 111 \

(1) The Government may, by notification in the Gazette, establish and maintain in the State as many corrective settlements as they think fit for the purpose of placing therein such habitual offenders as are directed to receive corrective training under this Act. (2) The Government may also approve or certify any privately-managed institution (whether known as settlement or otherwise) or any institution run by the State Social Welfare Advisory Board as a corrective settlement for the purposes of this Act.

(1) Where the Government are 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.

The Government or any officer authorised by them 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.

A habitual offender who, without lawful excuse, the burden of proof which shall lie upon him— (a) fails to appear in compliance with a notice issued under section 4; or (b) intentionally omits to furnish any information required under that section or furnishes as true any information which he knows, or has reason to believe, to be false or does not believe to be true or refuses to allow his finger and palm impressions, foot prints and photograph to be taken by any person acting under an order passed under section 10 of the Code to execute a bond in the case and other evidence in the case and other matters and his reformation and the prevention of crime and character for a substantial period, or fails to comply with the provisions of sub-section (1) of section 7 or with an order of the District Magistrate under sub-section (2) of that section or with an order under section 11, may be arrested without warrant and shall be punishable,— (i) on first conviction, with imprisonment for a term which may extend to six months or with fine which may extend to Rs. 200 or with both; (ii) on a second or subsequent conviction, with imprisonment for a term which may extend to one year or with fine which may extend to Rs. 500 or with both: Provided that if the court, after taking into consideration the offender's age and physical and mental condition and his suitability for receiving training of a corrective character in a corrective settlement is satisfied 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 a substantial period the court may, in lieu of sentencing the offender to any punishment under clause (d), direct, after giving him an opportunity of showing cause, that he shall receive corrective training in a corrective settlement for such term not exceeding three years as it may determine.

No 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.

(1) The Government may, by notification in the 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 by registered offenders 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 certificate; (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, 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; (m) any other matter which is to be, or may be, prescribed. 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. All rules made under this Act shall, as soon as may be after they are made, be laid before the Legislative Assembly for not less than fourteen days, and shall be subject to such modifications, whether by way of repeal or amendment, as the Assembly may make during the session in which they are so laid or the session immediately following.

The Madras Restriction of Habitual Offenders Act, 1948 (Madras Act VI of 1948), as in force in the Malabar district referred to in sub-section (2) of section 5 of the States Reorganisation Act, 1956, is hereby repealed.