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Madras Restriction of Habitual Offenders Act, 1948

Madras Restriction of Habitual Offenders Act, 1948 1. Short title, extent and commencement. 2. Definitions. 3. Power of Chief Commissioner to notify habitual offenders. 4. Delegation of powers to District Magistrate. 5. Notified offenders to intimate residence and change of residence. 6. Power to restrict movements of notified offenders. 7. Power to cancel or alter such restriction. 8. Power to place notified offenders in settlements. 9. Power to discharge or transfer persons from settlements. 10. Power to subject voluntary residents in settlements to restrictions and penalties. 11. Power to make rules. 12. Penalties. 13. Arrest of notified offender. 14. Rules for the removal of prisoner to apply in certain cases. 15. Bar of jurisdiction. 16. Effect of certain order passed under Criminal Tribes Act, 1924 etc. (Central Act 6 of 1924).

(Madras Act No. 6 of 1948)

DL93

[24th April, 1948].

Extended to the Union Territory of Delhi vide Government of India, Ministry of Home Affairs Notification No. S.R.O. 2017, dated 11th December,1951, See Gazette of India, Part-2, Section 3, dated the 22nd December, 1951 p. 2150.

An Act for imposing certain restrictions on habitual offenders in the Province of Madras. Whereas it is expedient to impose certain restrictions on habitual offenders in the Province of Madras.

It is hereby enacted as follows:

  1. Preliminary
  2. Short title, extent and commencement.- (1) This Act may be called the Madras Restriction of Habitual Offenders Act, 1948.

(2) It extend. to the whole, of the Union Territory of Delhi.

  1. Definitions.- (3) In this Act, unless there is anything repugnant in the subject or context.

(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 one or another of the offences under the Indian Penal Code set forth in the Schedule, 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, 1898, 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 Gazette of India;

(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;

(8) "settlement" means a settlement established or deemed to be established under Section 8.

Notification of Offenders and Restrictions of their Movement

  1. Power of Chief Commissioner to notify habitual offenders.- (1) The Chief Commissioner may, by notification:

(a) if he is 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;

(b) cancel or modify any such declaration.

(2) Before any notification is issued in respect of any person under sub-section (1), clause (a), or modified to his disadvantage under sub-section (1), clause (b), a reasonable opportunity shall be given to him to show cause against such issue or modification.

  1. Delegation of powers to District Magistrate.- The Chief Commissioner may, by notification. delegate his powers under Section 3 to a District Magistrate, in respect of persons ordinarily residing in the district, subject to such restrictions and conditions as may be specified in the notification and subject also to control and revision by them.
  2. 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 or intended change thereof, and every absence or intended absence there from:

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. Power to restrict movements of notified offenders.- (1) If in the opinion of the Chief Commissioner it is expedient to do so, he 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 Commissioner 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 there for.

  1. Power to cancel or alter such restriction.- The Chief Commissioner 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 the district.

Provided that before issuing any such notification or order, the Chief Commissioner or the District Magistrate shall consider the matters referred to in Section 6, sub-section (2), in so far as they may be applicable

Settlement

  1. Power to place notified offenders in settlements.- The Chief Commissioner may establish industrial; agricultural or reformatory settlements and may order any notified offender to be placed in any such settlement.
  2. Power to discharge or transfer persons from settlements.- The Chief Commissioner or any officer authorized by him 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.
  3. Power to subject voluntary residents in settlements to restrictions and penalties.- The Chief Commissioner 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

  1. Power to make rules.- (1) The Chief Commissioner 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;

(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 case of all persons who have been placed in any settlement under this Act.

(3) All rules made under this section shall be published in the Gazette of India, and upon such publication shall have effect as if enacted in this Act.

Penalties and Procedure

  1. Penalties.- Any notified offender who contravenes any of the provisions of this Act or any notification, rule or order made there under 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.

  1. Arrest of notified offender.- If a notified offender:

(a) is found outside the area to which his movements have been restricted, 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 a 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 there under.

  1. Rules for the removal of prisoner 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 Chief Commissioner or the Inspector General of Prisons, shall be necessary for the removal of such persons.

Miscellaneous

  1. Bar of jurisdiction.- No court shall question the validity of any notification (other than the one under Section 3) or order, issued under this Act.
  2. Effect of certain order passed under Criminal Tribes Act, 1924 etc. (Central Act 6 of 1924).- (1) In respect of every person who stood registered under the Criminal Tribe. 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, hid been either ordered to give security for good behaviour with reference to Section 110 of the Code of Criminal Procedure, 1898, 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) Any notification or order issued or made under the said Act in respect of any person referred to in sub-section (1), 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 beep issued or made under this Act.

(3) 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.

Schedule

[See Section 2(4)]

CHAPTER XII

Sections

  1. Counterfeiting coin.
  2. Counterfeiting queen's coin.
  3. Making or selling instrument for counterfeiting coin.
  4. Making or selling instrument for counterfeiting queen's coin.
  5. Possession of instrument or material for the purpose of using the same for counterfeiting coin.
  6. Delivery of coin, possessed with the knowledge that it is counterfeit.
  7. Delivery of queen's coin possessed with the knowledge that it is counterfeit.
  8. Possession of counterfeit coin by a person who knew it to be counterfeit when he became possessed thereof.
  9. Possession of queen's coin by a person who knew it to be counterfeit when he became possessed there of.

CHAPTER XVI

  1. Culpable homicide.
  2. Attempt to murder.
  3. Attempt to commit culpable homicide. 310. Being a thug. 322. Voluntarily causing grievous hurt.
  4. Voluntarily causing grievous hurt by dangerous weapons or means.
  5. Voluntarily causing hurt to extort property or to constrain to an illegal act.
  6. Causing hurt by means of poison, etc., with intent to commit an offence.
  7. Voluntarily causing grievous hurt to extort property or to constrain to an illegal act.
  8. Voluntarily causing hurt to deter public servant from his duty.
  9. Voluntarily causing grievous hurt to deter public servant from his duty. 369. Kidnapping child under ten years with intent to steal from its person.

CHAPTER XVI

  1. Theft after preparation made for causing death, hurt or restraint, in order to the committing of the theft.
  2. Extortion.
  3. Putting person in fear of injury in order to commit extortion.
  4. Extortion by putting a person in fear of death or grievous hurt.
  5. Putting person in fear of death or of grievous hurt in order to commit extortion.
  6. Robbery.
  7. Dacoity.
  8. Attempt to commit robbery.
  9. Voluntarily causing hurt in committing robbery.
  10. Robbery or dacoity, with attempt to cause death or grievous hurt.
  11. Attempt to commit robbery or dacoity when armed with deadly weapon.
  12. Making preparation to commit dacoity. 402. Assembling for purpose of committing dacoity.
  13. Lurking house-trespass or house-breaking by night in order to the commission of an offence punishable with imprisonment.
  14. Lurking house-trespass or house-breaking by night after preparation for hurt, assault or wrongful restraint.
  15. Grievous hurt caused whilst committing lurking house trespass or house breaking.
  16. All persons jointly concerned in lurking house trespass or house breaking by night punishable where death or grievous hurt caused by one of them.