The Odisha Restriction of Habitual Offenders Act, 1952

Shorttitle, extentand commeuce- ment. Definitions ORISSAACTxxivOF1952 THEORISSARESTRICTIONOFHABITUAL OFFENDERSACT,1952 [ReceivedtheassentoftheGovernoronthe1Iti December1952,firstpubiishedinanextraordinary iss•ueoftheOrissaGazette,datedthe16thDecembeff 1952] ANACTTOIMPOSECERTAINRESTRICTIONSONHABITUAL OFFENDERSINTHESTATEOFORISSA WHEREASitisexpedienttoimposecertain restrictionsonhabitualoffendersintheStav OJOrissa; Itisherebyenactedasfollows:— I.(l)ThisAetmaybecalledtheOrissaRestric tionofHabitualOffendersAct,1952. (2)ItextendstothewholeoftheStateof Orissa. (3)Itshallcomeintoforceatonce.

In this Act, unless there is anything repugnant in the subject or context— (a) "habitual offender" means a person who has been sentenced to substantive terms of imprisonment whether before or after the commencement of the Act.— (i) for one or the other of the offences in Schedule I on two occasions, (ii) for one or the other of the offences in Schedule II on three occasions, (iii) for one of the offences in Schedule I and one of the offences in Schedule II on two occasions; Explanation—Any order made requiring a person to give security for good behaviour with reference to section 110 of the Code of Criminal Procedure, 1898 shall amount to the passing of a sentence of substantive imprisonment for one or other of the offences under the Indian Penal Code, 1860 as specified in Schedule II within the meaning of this clause. (b) "notified offender" means a habitual offender in respect of whom a notification has been issued under section 3 and is in force: (c) "prescribed" means prescribed by rules made under this Act; (d) "settlement" means a settlement established or deemed to have been established under section 7.

As soon as a person is notified as habitual offender he shall— (a) report himself at such intervals and notify his place of residence and any change or intended change of residence and any absence or intended absence from his residence in such manner and to such authority as may be prescribed. (b) allow his finger impressions to be recorded by the prescribed authority: Provided that the District Magistrate or any officer authorised by him in this behalf may exempt any such offender from reporting any temporary absence or intended absence from his residence, not exceeding such limit as may be prescribed.

The State Government may, by notification, cancel any declaration made under section 5 or alter any area notified under that section: Provided that before issuing any such notification the State Government shall consider the matters referred to in sub-section (2) of section 5 in so far as they may be applicable.

The State Government may for the purpose of this Act establish industrial, agricultural or reformatory settlements and may order any notified offender to be placed in any such settlement.

The State Government or any officer authorised by them in this behalf may at any time, by an order in writing, direct any notified offenders who may be in a settlement to be discharged, or transferred to any other settlement.

The State Government may, by order, direct that any person voluntarily residing in any settlement shall be subject to all or any of the restrictions and penalties imposed by or under this Act on a notified offender placed in such settlement.

Any notified offender who contravenes any of the provisions of this Act or any notification, rule or order made thereunder shall be punishable— (a) on a 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; (b) 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;

If a notified offender— (a) is found outside the area to which his movements have been restricted in contravention of the conditions under which he is permitted to leave such area, or (b) escapes from any settlement in which he has been placed, he may be arrested without warrant, by any police officer, village headman or village watchman and taken before any Magistrate who, on proof of the facts, shall order him to be removed to such area or to such settlement, to be dealt with in accordance with the provisions of this Act and any rules made thereunder.

Every law or rule for the time being in force governing the removal of prisoners shall apply to all persons ordered to be placed in a settlement under section 7 or to be removed under section 8: Provided that no order from the State Government or the Inspector-General of Prisons shall be necessary for the removal of such persons.

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

Acounterfeitingcurrency-notesorbank-notes 489.BUsingasgenuine,forgedorcounterfeitcurrency-notesorbank notes. 489.CPosseøsionofforgedorcounterfeitcurrency-notesorbank-notes '89.1)Makingorpossessinginstrumentsormaterialforforgingor oounterfeiÅngcurrency-notesorbank-notes. Searchable PDF created by OCR.space (Free Version)