The Tamil Nadu Restriction of Habitual Offenders Act, 1948 Complete Act - Bare Act

(Substituted by the Tamil Nadu Adaptation Order of Laws (Second Amendment) Order, 1969)
[Tamil Nadu] Act No.VI of 1948.

An Act for imposing certain restrictions on habitual offenders in the (Substituted by the Tamil Nadu Adaptation of Laws Order 1970) [State of Tamil Nadu].

WHEREAS it is expedient to impose certain restrictions on habitual offenders in the (Substituted by the Tamil Nadu Adaptation of Laws Order 1970) [State of Tamil Nadu]; it is hereby enacted as follows " 3

" (1) This Act may be called the (Substituted by the Tamil Nadu Adaptation Order of Laws (Second Amendment) Order, 1969) [Tamil Nadu] Restriction of Habitual Offenders Act, 1948

(2) It extends to the whole of the (Substituted by Tamil Nadu Adaptation Oder 1950) [State of Tamil Nadu]

(3) It shall come into force on the 29th day of April 1948

" 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 (Substituted by Tamil Nadu Adaptation Oder 1950) [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, (Inserted by section 22of the Tamil Nadu Restriction ofHabitual Offenders (Amendment) Act, 1975 (Tamil Nadu Act 55 of 1975) [for any one or more of the scheduled offences] each of the subsequent sentences having been passed in respect of an offence committed after die 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 (Substituted by Tamil Nadu Adaptation Oder 1950) [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;

(Inserted by section 22of the Tamil Nadu Restriction ofHabitual Offenders (Amendment) Act, 1975 (Tamil Nadu Act 55 of 1975) [(17-A) "Scheduled Offences" means an offence specified in the Schedule]

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

(Substituted for the original section 3 by section 3, ibid)
[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 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 anytime 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 schedule 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.

" 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 authorised 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.

" (Substituted by Section 4 of the Tamil Nadu Restrict of Habitual Offenders (Amendment) Act, 1975 (Tamil Nadu Act 55 of 1975)) (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 therefore.

" 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.

" The Government may establish industrial, agricultural or reformatory settlements and may order any notified offender to be placed in any such settlement.

" The Government or any officer authorised by them may at anytime, by order, direct any notified offenders who may be in a settlement to be discharged, or transferred to any other settlement.

- 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.

(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:

(Inserted by section 5 (1) of the Tamil Nadu Restriction of Habitual offenders (Amendment) Act, 1975 (Tamil Nadu Act 55 of 1975)) [(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.

(Substituted for sub section 3 by section 5(2) of the Tamil Nadu Restriction of Habitual Offenders (Amendment) Act, 1975 (Tamil Nadu Act 55 ofl975) [(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, 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.

(a) If a notified offender 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 watchman. (Substituted by the Adaptation (Amendment) order of 1950) [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 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.

" No court shall question the validity of any notification (other than one under section 3) or order issued under this Act.

(Inserted by Tamil Nadu Act 55 of 1975) [
15.A. Protection of action taken in good faith " (1) No suit prosecution or other proceeding shall lie 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 or other legal proceeding shall be 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)]

" In respect of every person who stood registered under the Criminal Tribes Act, 1924 (This acts has been repealed by the Criminal Tribes Laws (Repeal Act, 1952 (Central Act XXIV of 1952))) (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 preceeding such commencement, had been either ordered to give security for good behaviour with reference to section 110 of (Substituted by section 7, ibid) 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 (Repealed by section 17 of the Tamil Nadu Restriction of Habitual Offenders Act, 1948 (Tamil Nadu Act VI of 1948)) 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 the Act.

[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)]

(Substituted by section 8 of the Tamil Nadu Restriction of Habitual Offenders (Amendment) Act, 1975 (Tamil Nadu Act 55 of 1975))
[THE SCHEDULE
[See section 2-(7-A)

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 Indian 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.