Keyword(s):
Habitual Offender, Scheduled Offence, Settlement
An Act for Imposing certain restrictions on habitual offenders in the 3[State of Tamil Nadu].
Whereas it is expedient to impose ??? restrictions on habitual offenders in the 3[State of Tamil Nadu]; It is hereby enacted as follows:-
1 These words were substituted for the ??? by the Tamil Nadu Adaptation of Laws Order ??? by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
2 For Statement of Objects and Reasons ??? Fort St. George Gazette, dated the 5th March, 1948, Part ???.
This Act was extended to the merged ??? by section 3 of, and the First Schedule to, the ??? States (Laws) Act, 1949 (Tamil Nadu Act XXXV of ???).
This Act was extended to the ??? taluk of the Tirunelveli district by ??? and the First Schedule to, the Tamil Nadu Transferred ??? of Laws Act, 1960 (Tamil Nadu Act 23 of ??? the corresponding law in force in that territory.
3 This expression was substituted ??? “Province of Madras” by the Tamil Nadu ??? Order, 1970, which was deemed to have come into force ??? 1969.
* Received the assent of the Governor-General on the 24th April, 1948; first published in the Fort St. George Gazette Extraordinary, on the 28th April, 1948
Preliminary
1. Short title, extent and commencement.- (1) This Act may be called the Tamil Nadu Restriction of Habitual Offender Act, 1948.
(2) It extends to the whole of the 4[State of Tamil Nadu].
(3) It shall come into force on the 29th day of April, 1948.
4 This expression was substituted for ??? “State of Madras” by the Tamil Nadu ??? 1969, as amended by the Tamil Nadu Adaptation ??? Order, 1969.
2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-
(1) “district” includes the presidency-town;
(2) “District Magistrate” means in the case of the presidency-town, the Commissioner of Police;
(3) “Government” means the 1[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, 2[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 3[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;
1[(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 This word was substituted for the word “Provincial” by the Adaptation Order of 1950.
2 This expression was substituted for the expression “for one or another of the offences under the Indian Penal Code (Central Act XLV of 1860) set forth in the Schedule” by section 2(1)(a) of the Tamil Nadu Restriction of Habitual Offenders (Amendment) Act, 1975 (Tamil Nadu Act 55 of 1975).
3 This expression was substituted for the expression “the Code of Criminal Procedure, 1898 (Central Act V of 1898)” by section 2(1)(b) ibid.
1 This clause was inserted by section 2(2) of the Tamil Nadu Restriction of Habitual Offenders (Amendment) Act, 1975 (Tamil Nadu Act 55 of 1975).
Notification of Offenders and Restrictions of their Movements
2[3. Power of Government to notify habitual offenders].- (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 an 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 sub-section (1), or modified to his disadvantage under sub-section (2), or before any direction is issued in respect of any notified offender under sub-section (4), a reasonable opportunity shall be given to him to show cause against such issue, modification or direction, as the case may be.
2 This section was substituted for the original section 3 by section 3, ibid.
4. Delegation of powers to District Magistrate.- 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.
5. Notified offenders to intimate residence and change of residence.- 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.
6. Power to restrict movements of notified offenders.- (1) 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, if any, 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.
1 These words were substituted for the words “If in the opinion of the Government it is expedient to do so” by section 4 of the Tamil Nadu Restriction of Habitual Offenders (Amendment) Act, 1973 (Tamil Nadu Act 55 of 1975).
7. Power to cancel or alter such restrictions.- 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.
Settlements
8. Power to place notified offenders in settlements.- The Government may establish industrial, agricultural or reformatory settlements and may order any notified offender to be placed in any such settlement.
9. Power to discharge or transfer persons from settlements.- The Government or any officer authorized by them may at any time, by order, direct any notified offenders who may be in a settlement to be discharged, or transferred to any other settlement.
10. Power to subject voluntary residents in settlements to restrictions and penalties.- The 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.
Rules
11. Power to make rules.- (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;
1[(aa) 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 any settlement under this Act.
1[(3) All rules made under this Act shall be published in the Tamil Nadu Government Gazette and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(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.
1 This clause was inserted by section 5(1) of the Tamil Nadu Restoration of Habitual Offenders (Amendment) Act, 1975 (Tamil Nadu Act 55 of 1975).
1 These sub-sections were substituted for sub-section (3) by section 5(2) of the Tamil Nadu Restriction of Habitual Offenders (Amendment) Act, 1975 (Tamil Nadu Act 55 of 1975).
Penalties and Procedure
12. Penalties.- 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.
13. Arrest of notified offenders.- 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. 1[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 Mag stifle 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.
1 These words were substituted for the words “and taken before a Magistrate who, on proof of the facts, shall order him to be removed” by the Adaptation (Amendment) Order of ???.
14. Rules for the removal of prisoners to apply in certain cases.- 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 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.
Miscellaneous
15. Bar of jurisdiction.- No Court shall question the validity of any notification (other than one under section 3), or order, issued under this Act.
1[15-A. Protection of action taken in good faith.- (1) No suit, prosecution or other legal proceeding shall be against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.
(2) No suit of 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 These sections were inserted by section 6 of the Tamil Nadu Restriction of Habitual Offenders (Amendment) Act, 1975 (Tamil Nadu Act 55 of 1975).
15-B. Power to amend Schedule.- (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)].
16. Effect of certain orders passed under Criminal Tribes Act, 1924, etc.– (1) In respect of every person who stood registered under the Criminal Tribes Act, 1924* (Central Act VI of 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 2[the Code of Criminal Procedure, 1973] (Central Act 2 of 1974)], or convicted of an offence under section 24 of the said Act or of a non-bailable offence under any other law, a notification shall be deemed to have been issued under section 3, sub-section (1), of this Act, declaring him to be subject to all the provisions of this Act; and this Act shall apply to every such person accordingly.
(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.
* This Act has been repealed by the Criminal Tribes Laws (Repeal) Act, 1952 (Central Act XXIV of 1952).
2 This expression was substituted for the expression “the Code of Criminal Procedure, 1898 (Central Act V of 1898)” by section 7, ibid.
* This Act has been repealed by section 17 of the Tamil Nadu Restriction of Habitual Offenders Act, 1948 (Tamil Nadu Act VI of 1948).
17. [Repealed]– 1[* * *]
1 Sections 17 and 18 were repealed by section 2 of, and the First Schedule to, the Tamil Nadu Repealing and Amending Act, 1952 (Tamil Nadu Act XI of 1952).
18. [Repealed]– 1[* * *]
1 Sections 17 and 18 were repealed by section 2 of, and the First Schedule to, the Tamil Nadu Repealing and Amending Act, 1952 (Tamil Nadu Act XI of 1952).
Schedule
1[THE SCHEDULE
See section 2(7-A)
I
Offences under the Indian Penal Code
Chapter XII
Sections:
231. Counterfeiting coin.
232. Counterfeiting Indian coin.
233. Making or selling instrument for counterfeiting coin.
234. Making or selling instrument for counterfeiting Indian coin
235. Possession of instrument or material for the purpose of using the same for counterfeiting coin.
239. Delivery of coin possessed with knowledge that it is counterfeit.
240. Delivery of Indian coin possessed with knowledge that it is counterfeit.
242. Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof.
243. Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof.
CHAPTER XVI
Sections:
304. Culpable homicide not amounting to murder.
307. Attempt to murder.
308. Attempt to commit culpable homicide.
311. Being a thug.
324. Voluntarily causing hurt by dangerous weapons or means.
325. Voluntarily causing grievous hurt.
326. Voluntarily causing grievous hurt by dangerous weapons or means.
327. Voluntarily causing hurt to extort property, or to constrain to an illegal act.
328. Causing hurt by means of poison, etc., with intent to commit an offence.
329. Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act.
332. Voluntarily causing hurt to deter public servant from his duty.
333. Voluntarily causing grievous hurt to deter public servant from his duty.
347. Wrongful confinement to extort property, or constrain to illegal act.
363A. Kidnapping or maiming a minor for purposes of begging.
365. Kidnapping or abducting with intent secretly and wrongfully to confine person.
366A. Procuration of minor girl.
366B. Importation of girl from foreign country.
368. Wrongfully concealing or keeping in confinement kidnapped or abducted person.
369. Kidnapping or abducting child under ten years with intent to steal from its person.
CHAPTER XVII
Sections:
379. Theft.
380. Theft in dwelling house, etc.
382. Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft.
384. Extortion.
385. Putting person in fear of injury in order to commit extortion.
386. Extortion by putting a person in fear of death or grievous hurt.
387. Putting person in fear of death or of grievous hurt, in order to commit extortion.
392. Robbery.
393. Attempt to commit robbery.
394. Voluntarily causing hurt in committing robbery.
395. Dacoity.
397. Robbery or dacoity, with attempt to cause death or grievous hurt.
398. Attempt to commit robbery or dacoity when armed with deadly weapon.
399. Making preparation to commit dacoity.
400. Belonging to gang of dacoits.
401. Belonging to gang of thieves.
402. Assembling for purpose of committing dacoity.
411. Dishonestly receiving stolen property.
414. Assisting in concealment of stolen property.
451. House-trespass in order to commit offence punishable with imprisonment.
Sections:
452. House-trespass after preparation for hurt, assault or wrongful restraint.
453. Lurking house-trespass or house-breaking.
454. Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment.
455. Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint.
456. Lurking house-trespass or house-breaking by night.
457. Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment.
458. Lurking house-trespass or house-breaking by night after preparation for hurt, assault or wrongful restraint.
459. Grievous hurt caused whilst committing lurking house-trespass or house-breaking.
460. All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them.
II
Offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956
4. Living on the earnings of prostitution.
1 This Schedule was substituted for the original Schedule by section 8 of the Tamil Nadu Restriction of Habitual Offenders (Amendment) Act, 1975 (Tamil Nadu Act 55 of 1975).
