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 the State Government or 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 25 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. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act,
2. (2) In particular, and without prejudice to the generality, or 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 privately managed settlements;
   • (j) the appointment of non-official visitors for corrective settlement;
   • (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. (3) In making rules under this Act the State 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 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 successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall, from the date of publication of such notification, 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 or omitted to be 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.

On the commencement of this Act, the following Acts, that is to say,-

1. (1) the Bombay Habitual Offenders Restriction Act, 1947 (Bom. LI of 1947),
2. (2) the Hyderabad Habitual Offenders (Restriction and Settlement) Act, 1954 (Hyd. XXII of 1954), and
3. (3) the Saurashtra Habitual Offenders Restriction Act, 1951 (Sau. XXXI of 1951), shall stand repealed; Provided that such repeal shall not affect-
   • (a) the previous operation of any Act so repealed or anything duly done or suffered thereunder;
   • (b) any right, privilege, obligation or liability acquired, accrued or incurred under any Act so repealed;
   • (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any Act so repealed;
   • (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed : Provided further that, subject to the preceding proviso, anything done or any action taken (including orders or rules made, notices issued and settlements established or approved) under any Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue in force accordingly unless and until superseded by anything done or any action taken under this Act.