The Tamil Nadu Restriction of Habitual Offenders Act, 1948

(1) This Act may be called the Tamil Nadu Restriction of Habitual Offenders Act, 1948. (2) It extends to the whole of the State of Tamil Nadu. (3) It shall come into force on the 29th day of ...

(2) "District Magistrate" means in the case of the presidency-town, the Commissioner of Police; (3) "Government" means the State Government; (4) "habitual offender" means a person who, before or after the commencement of this Act, has been sentenced to a substantive term of imprisonment, such sentence not having been set aside in appeal or revision, on not less than three occasions, for any one or more of the scheduled offences each of the subsequent sentences having been passed in respect of an offence committed after the passing of the sentence on the previous occasion; Explanation.-The passing of an order requiring a person to give security for good behaviour with reference to section 110 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) shall be deemed to amount to the passing of a sentence of substantive imprisonment within the meaning of this clause. (5) "notification" means a notification published in the Fort St. George Gazette; (6) "notified offender" means a habitual offender in respect of whom a notification has been issued under section 3 and is in force; (7) "prescribed" means prescribed by rules made under this Act ; (7-A) 'scheduled offence' means an offence specified in the Schedule; (8) "settlement" means a settlement established or deemed to be established under section 8.

(1) The Government may, by notification, if they are satisfied that any person is a habitual offender declare that he shall be subject to the provisions of this Act to such extent and subject to such restrictions, if any, as may be specified in the notification. (2) Every notification issued under sub-section (1) shall be in force for a period of five years from the date of the publication of such notification, but the Government may, by notification, at any time before the expiry of the said period, cancel or modify any notification issued under sub-section (1). (3) The cancellation of a notification or the expiry of the period of five years, under sub-section (2) shall not be deemed to affect the power of the Government under sub-section (1) to issue a notification in respect of a habitual offender as often as he is sentenced to a substantive term of imprisonment, such sentence not having been set aside in appeal or revision, for any one or more of the scheduled offences at any time after such cancellation or expiry. (4) Notwithstanding anything contained in sub-section (2), where a notified offender is sentenced to a substantive term of imprisonment, such sentence not having been set aside in appeal or revision, for any one or more of the scheduled offences, the Government may direct that the notification issued under sub-section (1) in respect of such notified offender shall be in force for a further period of five years from the date of his release from such imprisonment. (5) Before any notification is issued in respect of any person under subsection (1), or modified to his disadvantage under sub-section (2), or before any direction is issued in respect of any notified offender under subsection (4), a reasonable opportunity shall be given to him to show cause against such issue, modification or direction, as the case may be.

The Government may, by notification, delegate their powers under section 3 to a District Magistrate, in respect of persons ordinarily residing in his district, subject to such restrictions and conditions as may be specified in the notification and subject also to control and revision by them.

Every notified offender shall intimate to such authority and in such manner as may be prescribed, his place of residence, every change or intended change thereof, and every absence or intended absence therefrom: Provided that the District Magistrate or any officer authorized by him may exempt any such offender from reporting any temporary absence or intended absence from his residence, not exceeding such limit as may be prescribed.

(1) If in the opinion of the Government it is necessary or expedient in the interests of the general public so to do, they may, by notification, declare that any notified offender shall be restricted in his movements to a specified area. (2) Before making any such declaration, the Government shall consider- (i) the nature of the offences, of which the offender has been convicted and the circumstances in which they were committed; (ii) whether the offender follows any lawful occupation, and whether such occupation is a real one or merely a pretence for facilitating the commission of offences; (iii) the suitability of the area to which his movements are to be restricted; (iv) the manner in which it is proposed that he should earn his living in such area, and the adequacy of the arrangements therefor.

The Government may, by notification, cancel any declaration made under section 6 or alter any area notified under that section or this section; and the District Magistrate may, by order in writing, alter any area notified under section 6 or this section into any other area situated in his district: Provided that before issuing any such notification or order, the Government or the District Magistrate shall consider the matters referred to in section 6, sub-section (2), in so far as they may be applicable.

[Sections 8, 9, 10 refer to establishment of settlements, power to transfer persons and voluntary residents; text not provided in excerpt, inferred existence]

(1) The Government may make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for or regulate- (a) all matters required or allowed by this Act to be prescribed; the manner and method of service of notification on the notified offender concerned; (b) the restrictions to be observed by notified offenders in respect of whom notifications or orders have been issued under section 6 or section 7; (c) the grant of certificates of identity to notified offenders, and the inspection of such certificates; (d) the conditions under which notified offenders may be permitted to leave the area to which their movements are restricted or the places in which they are settled; (e) the inspection of the residences of notified offenders; (f) the terms upon which notified offenders may be discharged from the operation of this Act; (g) the management and supervision of settlements including the discipline and conduct of the persons placed in them; (h) the periodical review of the cases of all persons who have been placed in settlement under this Act. (4) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published. (5) Every rule made or notification issued as soon as possible, after it is made, or issued, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification 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 or notification.

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 two hundred rupees, 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 five hundred rupees, 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. If the offender is arrested, he shall be informed as soon as may be, of the grounds for such arrest and shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate and the offender shall not be detained beyond the said period without the authority of the Magistrate. The Magistrate shall, on production of the offender and on proof of the facts, order him to be removed to such area or to such settlement, there to be dealt with in accordance with this Act and any rules made thereunder.

Every law or rule for the time being governing the removal of prisoners shall apply to persons ordered to be placed in a settlement under section 8 or to be removed under section 13: Provided that no order from the 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 (other than one under section 3), or order, issued under this Act.

(1) No suit, prosecution or other legal proceeding shall lie against any person for any thing which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder. (2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.

(1) The Government may, by notification, amend the Schedule. (2) Any reference made in this Act to the Schedule shall be considered as relating to the Schedule as for the time being amended in exercise of the powers conferred by sub-section (1).

(1) In respect of every person who stood registered under the Criminal Tribes Act, 1924 (hereinafter in this section referred to as the said Act) at the commencement of this Act and who, within a period of five years immediately preceding such commencement, had been either ordered to give security for good behaviour with reference to section 110 of the Code of Criminal Procedure, 1898. (2) Every notification issued in respect of any person under section 3 of the Madras Restriction of Habitual Offenders Act, 1943, and in force at the commencement of this Act, shall be deemed to have been issued under section 3, sub-section (1), of this Act, all references in that notification to the provisions of the said Act and the rules made under it being construed as references to the corresponding provisions of this Act and the rules made under it. (3) Any notification or order issued or made under the said Act in respect of any person referred to in sub-section (1) or sub-section (2), and in force at the commencement of this Act, restricting the movements of such person or placing him in a settlement shall be deemed to have been issued or made under this Act. (4) All settlements established under section 16 of the said Act and existing at the commencement of this Act shall be deemed to have been established under section 8 of this Act.

[Repealed]

[Repealed]