The Punjab Habitual Offenders (Control and Reform) Act, 1952

(1) This Act may be called the Punjab Habitual Offenders (Control and Reform) Act, 1952. (2) It shall extend to the whole of the Union territory of Chandigarh. (3) It shall come into force on the 31st day of August 1952.

(1) “Code” means the Code of Criminal procedure (Act V of 1898). (2) “Government” means the Central Government. (3) “Habitual Offender” means a person—(a) who, during any continuous period of five years, whether before or after the commencement of this Act, has been convicted and sentenced to imprisonment more than twice on account of any one or more of the offences mentioned in the Schedule to this Act committed on different occasions and not constituting parts of the same transaction; and (b) who has, as a result of such convictions suffered Imprisonments at least for a total period of twelve months. Explanation 1.—A conviction which has been set aside in appeal or revision and any imprisonment suffered in conncction therewith shall not be taken into account for the above purpose. Explanation 2.—In computing the period of five years, any period spent in jail either under a sentence of Imprisonment or under detention shall not be taken into account. (4) “Registered person” means a person registered under this Act, as a habitual offender. (5) “Prescribed” means prescribed by rules made under this Act. (6) Words and expressions used but not defined in this Act shall have the meanings assigned to them in the Code.

The Government may direct the District Magistrate to make or cause to be made a register of habitual offenders within his district.

No person shall be registered under this Act, if more than six months have elapsed since the expiration of the sentence of imprisonment relating to his last conviction.

Upon receiving a direction under section 3, the District Magistrate shall—(a) publish a notice in the prescribed manner calling upon habitual offenders—(i) to appear at a time and place specified therein before the person appointed by him in this behalf, (ii) to give to that person such information as may be necessary to enable him to complete the register, and cause a register of habitual offenders to be prepared: Provided that before entering the name of any person in such register the District Magistrate or an Executive Magistrate not below the rank of second class appointed by him in this behalf shall give him a reasonable opportunity to show cause why such entry should not be made.

The register, when made, shall be placed in the keeping of the Superintendent of Police of the district, who shall from time to time report to the District Magistrate such alterations as ought in his opinion to be made therein by way of addition or erasure.

Subject to the provisions of section 8, no person’s name shall be added to the register, and no registration shall be cancelled except by, or under an order in writing of the District Magistrate. Before the name of any person is added to the register under this section, the District Magistrate shall give notice in the prescribed manner to the person concerned—(a) to appear before him or any authority appointed by him in this behalf at a time and place therein specified; (b) to give to him or such authority such information as may be necessary to enable the entry to be made: Provided that before adding the name of any person to such register, the District Magistrate or a person not below the rank of an Executive Magistrate of the second class appointed by him in this behalf shall give him a reasonable opportunity to show cause why such addition should not be made.

Any person aggrieved by any entry made, or proposed to be made in the register, either when the register is first made or subsequently, may appeal to the Commissioner of the Division who shall retain such person’s name on the register, enter it therein or erase it therefrom, as he may deem fit: Provided that the Government shall be competent either on its own motion or on an application made in this behalf by the aggrieved person to confirm, alter or rescind any order passed by the Commissioner.

The District Magistrate or any officer appointed by him in this behalf may at any time order the finger impressions, photographs and footprints of any registered person to be taken.

(1) The District Magistrate may in respect of any registered person give either, or both of the following directions, namely, that every such person shall in the prescribed manner—(a) report himself; or (b) notify his place of residence, any intended change of residence, and any absence or intended absence from his residence: Provided that no such order shall be for a term exceeding three years, nor shall it be made unless the necessity for making it has been established to the satisfaction of the District Magistrate, after an inquiry held by such authority and in such manner as may be prescribed. (2) Where a registered person in respect of whom the District Magistrate has issued a direction under sub-section (1) changes his place of residence to a district other than that in which he has been registered, the provisions of this Act shall apply to him as if he had been registered in that district under a direction made under section 3. Where any such registered person changes his place of residence to a district other than that in which he has been registered, the relevant entry in the register shall be transferred to the Superintendent of Police of that district.

(1) If the Government considers that it is expedient that any registered person should be—(a) restricted to any specified area, or (b) settled in any place of residence, the Government may, by notification in the official Gazette, declare that such person shall be restricted to the area specified in the notification or shall be settled in the place of residence so specified, as the case may be: Provided that no such declaration shall have effect for a period in excess of three years. (2) Before making any such declaration, the Government shall consider the following matters in an inquiry held by such authority and in such manner as may be prescribed—(i) the nature and the circumstances of the offences in which the registered person is believed to have been concerned; (ii) whether the registered person follows any; [Note: Text truncated in source for sub-clauses]

The Government may by a like notification vary the terms of notification issued by it under section 11 for the purposes of specifying another restriction area or another place of residence, as the case may be, and any officer empowered in this behalf by Government may, by order in writing, vary any notification made under section 11 or under this section for the purposes of specifying another restriction area, or, as the case may be, another place of residence in the same district.

Every registered person whose movements have been restricted or who has been settled in a place of residence under the provisions of this Act shall attend at such place and at such time and before such person as may be directed in this behalf.

(1) The Government may establish industrial, agricultural, or reformatory settlements and schools and may order to be placed in such settlement or school any registered person: Provided that no such order shall be made unless the necessity for making it has been established to the satisfaction of the Government after an inquiry held by such authority and in such manner as may be prescribed. (2) No order under sub-section (1) shall be for a term exceeding five years.

The Government or any officer authorised by it in this behalf may, at any time, by general or special order, direct any person who may be in any industrial, agricultural, or reformatory settlement or school in the State—(a) to be discharged, or (b) to be transferred to some other settlement or school in the State.

(1) The Government may make rules to carry out the purposes and objects of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for or regulate:— (a) the form and contents of the register referred to in section 3; (b) the manner in which the notice referred to in section 5 shall be published and the means by which the persons whom it concerns, and the village headman, village watchman and landowners and occupiers of the village in which such persons reside, and the agents of such landowners or occupiers, shall be informed of its publication; (c) the addition of names to the register and the erasure of names therein, and the mode in which the notice referred to in sub-section of section 7 shall be given; (d) the manner in which persons mentioned in section 10 shall report themselves, or notify their residence or any change or intended change of residence, or any absence or intended absence; (e) the nature of the restrictions to be observed by persons whose movements have been restricted by notifications under section or section 12; (f) the circumstances in which registered persons shall be required to possess certificates of identity and the manner in which such certificates shall be granted; (g) the conditions as to passes under which persons may be permitted to leave the place where they are settled or restricted; (h) the conditions to be inserted in any such pass as to— (i) the places where the holder of the pass may go or reside; (ii) the persons before whom, from time to time, he shall be bound to report himself; and (iii) the time during which he may absent himself; (i) the place and time at which, and the persons before whom, registered persons shall report in accordance with the provisions of section 13; (j) the authority by whom and the manner in which the inquiry referred to in section 14 shall be held; (k) the inspection of the residences and villages of any registered person; (l) the terms upon which registered persons may be discharged from the operation of this Act; (m) the management, control and supervision of industrial, agricultural or reformatory settlements and schools; (n) the work, hours during which persons placed in such industrial, agricultural or reformatory settlement shall be required to labour; and (o) the discipline to which persons escaping from any industrial, agricultural or reformatory settlement or school, or otherwise offending against the rules for the time being in force shall be subject, the period of visiting of such settlement or school and the removal from it of such persons as are considered expedient to be removed.

Whoever, without lawful excuse, the burden of proving which shall lie upon him,— (a) fails to appear in compliance with a notice issued under section 5 or section 7, or (b) intentionally omits to furnish any information required under either of those sections, or (c) when required to furnish information under either of those sections, furnishes as true any information which he knows or has reason to believe to be false, or (d) refuses to allow his finger impressions, photograph and foot-prints to be taken by any person acting under an order passed under section 9, may be arrested without warrant, and shall, on conviction, be punishable with imprisonment for a term which may extend to six months.

(1) Any registered person who contravenes any rule, notice, direction or order made under this Act the breach of which is not otherwise provided for shall be punishable with imprisonment for a term which may extend to—(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; and (b) on any 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. (2) Any person who commits any offence punishable by this section shall be liable to be arrested without warrant by any officer in charge of a police station or by any police officer not below the rank of a sub-inspector.

(1) If a registered person is found outside the area or place of residence to which he has been restricted or in which he has been settled, in contravention of the conditions, under which he is permitted to leave such area, or who escapes from an industrial, agricultural or reformatory settlement or school in which he has been placed may be arrested without warrant by any police officer, village headman or village watchman, and shall be taken before a Magistrate, within 24 hours of such arrest and the Executive Magistrate, on proof of the facts, shall order him to be removed to such area or place or settlement or school, as the case may be, there to be dealt with in accordance with this Act or any rules made thereunder. (2) The rules for the time being in force for the removal of prisoners shall apply to all persons removed under this section or under any other provision of this Act: Provided that an order from the Inspector-General is not necessary for the removal of such persons.

Any person appointed in this behalf, shall forthwith report to the nearest police station the arrival—(a) of a person who has in answer to a notice under the Act, [Note: Text truncated in source] (b) a registered person under this Act.

The rules framed under the Criminal Tribes Act, 1924 (Act VI of 1924) shall continue in force in so far as they are not inconsistent with the provisions of this Act, and shall so remain in force until they are replaced by rules framed under this Act.