The Andhra Pradesh Habitual Offenders Act, 1962.

THE ANDHRA PRADESH HABITUAL OFFENDERS ACT, 1962
Act No.4 of 1962
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement
2. Definitions
3. Power of Government to direct registration of habitual offenders
4. Power of the District Collector to register habitual offenders
5. Custody of register and alterations therein
6. Power to take finger and palm impressions, foot-prints and
photographs at any time
7. Registered offenders to notify change of residence and to report
themselves
8. Action to be taken when registered offender changes his
ordinary residence from one district to another within or outside
the State
9. Duration of registration and re-registration of habitual offenders
10. Right to make representations against registration, re-
registration etc
11. Power to restrict movements of required offenders
12. Power to cancel or alter such restrictions
13. Power to establish and maintain corrective settlements and to
certify private institutions as corrective settlements
14.Power to direct habitual offenders to receive corrective training
15.Power to discharge or transfer persons from corrective
settlements
16.Power to subject voluntary residents in corrective settlements to
restrictions and penalties
17.Penalty for failure to comply with certain provisions of the Act
18.Arrest of habitual offenders found outside the restriction area or
corrective settlement
19.Bar of Jurisdiction
20.Bar of legal proceeding
21.Power to delegate
22.Power to make rule
23.Repeals and savings
THE ANDHRA PRADESH HABITUAL OFFENDERS ACT, 1962
Act No. 4 of 1962
[9th February, 1962]
AN ACT TO PROVIDE FOR THE TREATMENT AND TRAINING OF
HABITUAL OFFENDERS
BE it enacted by the Legislature of the State of Andhra Pradesh in the
Thirteenth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement - (1) This Act may be called the
Andhra Pradesh Habitual Offenders Act, 1962.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government may, by
notification the Andhra Pradesh Gazette, appoint.
2. Definitions - In this Act, unless the context otherwise requires,-
(a) ‘Code’ means the1[Code of Criminal Procedure, 1898 (Central
Act 5 of 1898)];
(b) ‘corrective settlement’ means any place established, approved or
certified as a corrective settlement under section 13.
(c) ‘District Collector’ means the chief local officer in charge of the
revenue administration of a district but in relation to the cities of
Hyderabad and Secunderabad the Commissioner of Police;
(d) ‘Government’ means the State Government;
(e) ‘habitual offender’ means a person who, during any continuous
period of five years, whether before or after the commencement of
this Act or partly before and partly after such commencement has
been sentenced on conviction on not less than three occasions
after he attained the age of eighteen years to a substantive term of
imprisonment for any one or more of the scheduled offences
committed on different occasions and not so connected together as
to form parts of the same transaction, such sentence not having
been reversed in appeal or on revision:
Provided that in computing the continuous period of five
years referred to above, any period spent in jail either under a
sentence of imprisonment or under detention shall not be taken
into account.
Explanation - An order requiring a person to give security for good
behaviour with reference to1[section 110 of the Code] shall be
deemed to amount to a sentence of substantive imprisonment
within the meaning of this clause;
(f) ‘prescribed’ means prescribed by rules made under this Act;
(g) ‘registered offender’ means and habitual offender registered or
re-registered under this Act;
(h) ‘scheduled offence’ means an offence specified in the Schedule
or an offence analogous thereto;
1. See now the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
(i) ‘State’ means the State of Andhra Pradesh;
(j) ‘Superintendent of Police’ means the District Superintendent of
Police in the district concerned and in relation to the cities of
Hyderabad and Secunderabad any officer appointed by the
Government to perform the duties of a Superintendent of Police
under this Act.
CHAPTER II
REGISTRATION OF HABITUAL OFFENDERS AND RESTRICTION OF THEIR
MOVEMENTS
3. Power of Government to direct registration of habitual offenders - The
Government may direct the District Collector to make a register of habitual
offenders within his district by entering therein the names and other prescribed
particulars of such offenders.
4. Power of the District Collector to register habitual offenders - For the
purpose of carrying out the direction given under section 3 the District
Collector or any officer authorised by him in this behalf shall, by notice in the
prescribed form to be served in the prescribed manner, call upon every
habitual offender in the district,-
(a) to appear before him at a time and place therein specified;
(b) to furnish such information as may be necessary to enable him
to enter the name and other prescribed particulars of the habitual
offender in the register; and
(c) to allow his finger and palm impressions, footprints and
photogrpah to be taken:
Provided that the name and other prescribed particulars of a
habitual offender shall not be entered in the register unless he has
been afforded reasonable opportunity of showing cause why such
entry should not be made.
5. Custody of register and alterations herein - (1) The register shall be
placed in the custody of the Superintendent of Police who shall, from time to
time, report to the District Collector any alterations to be made therein.
(2) After the register is placed in the custody of the Superintendent of
Police, no fresh alteration shall be made in the register except under an order
in writing of the District Collector.
6. Power to take finger and palm impressions foot-prints and photographs
at any time - The District Collector or any officer authorised by him in this
behalf may at any time order the finger and palm impressions, foot-prints and
photographs of any registered offender to be taken.
7. Registered offenders to notify change of residence and to report
themselves - (1) Every registered offender shall notify to such authority and in
such manner as may be prescribed any change or intended change of his
ordinary residence:
Provided that where such offender changes or intends to change his
ordinary residence to another district, whether within the State or not, he shall
notify the change or intended change to the District Collector.
(2) The District Collector may by order in writing direct that any
registered offender shall—
(a) report himself once in every month or where the District
Collector for reasons specified in the order so directs, more
frequently to such authority and in such manner as may be
specified in the order; and
(b) notify any absence or intended absence from his ordinary
residence to the aforesaid authority:
Provided that the District Collector may exempt any such
offender from notifying and absence or intended absence from his
ordinary residence for such period and under such conditions as
may appeal reasonable to him.
8. Action to be taken when registered offender changes his ordinary
residence from one district to another within or without the State - (1)
Where any registered offender changes his ordinary residence from one district
to another district within the State, the District Collector of the district in
which the offender is registered shall inform the District Collector of the other
district about such change and at the same time furnish him with the name
and other particulars of the registered offender.
(2) On the receipt of such information, the District Collector of the other
district shall enter in his register the name and other particulars of the
registered offender and inform the District Collector of the district in which the
offender is previously registered about such registration and thereupon the
District Collector of that district shall cancel from his register the entry relating
to that offender.
(3) Where a registered offender changes his ordinary residence to another
district outside the State, the District Collector of the district in which the
offender is previously registered shall, while furnishing the District Collector of
the other district with the name and other particulars of the registered
offender, request that District Collector to inform him of the steps, if any,
which may have been taken in relation to the offender under any law for the
time being in force in that other district; and upon the receipt of such
information the District Collector of the district in which the offender is
previously registered shall cancel from his register the entry relating to that
offender.
(4) Upon registering the name and other particulars of a registered
offender under sub section (2) the provisions of this Act and the rules made
thereunder shall apply to him as if he is registered, in pursuance of a direction
given under section 3 in the register of the district to which he has changed his
ordinary residence.
9. Duration of registration and re-registration of habitual offenders - (1)
The registration of a habitual offender under this Act shall, unless earlier
cancelled, ceases to be in force on the expiry of five years from the date of such
registration and on such cancellation or expiry the habitual offender shall
cease to be a registered offender.
(2) Notwithstanding the cancellation, or expiry of duration of registration,
a habitual offender may be re-registered in accordance with the provisions of
this Act relating to registration as often as he is convicted of one or more of the
scheduled offences at any time after such cancellation, or expiry and the re
registration shall, unless earlier cancelled, cease to be in force on the expiry of
five years from the date of such re-registration.
(3) Notwithstanding anything contained in sub sections (1) and (2) where
a registered offender is, during the period of registration or re-registration,
convicted of one or more of the scheduled offences and sentenced to a
substantive term of imprisonment, the duration of registration re-registration
shall be extended for a period of five years from the date of his release from
such imprisonment.
10. Right to make representations against registration, re-registration,
etc. - (1) Any person deeming himself aggrieved by the registration or re-
registration of his name under section 4 or section 9 or by an order under sub -
section (2) of section 7 may within the prescribed period make a representation
to the Government against such registration, re-registration or order.
(2) The Government shall, after considering the representation and giving
the aggrieved person an opportunity of being heard, either confirm or cancel
the registration, re-registration or order, as the case may be, and shall, in the
case of confirmation, record a brief statement of the reasons therefor.
11. Power to restrict movements of registered offenders - If in the opinion
of the Government it is necessary or expedient in the interests of the general
public so to do, the Government may by order direct that any registered
offender shall be restricted in his movements to such areas and for such period
not exceeding three years as may be specified in the order.
(2) Before making any such order, the Government shall take into
consideration the following matters, namely:-
(a) the nature of the offences of which the registered offender has
been convicted and the circumstances in which the offences were
committed;
(b) whether the registered offender follows any lawful occupation
and whether such occupation is conducive to honest and settled
way of life and is not merely a pretence for the purpose of
facilitating commission of offences;
(c) the suitability of the area to which his movements are to be
restricted; and
(d) the manner in which the registered offender may earn his living
within such area, and the adequacy of arrangements which are, or
likely to be, available therefor.
(3) A copy of the order shall be served on the registered offender in the
prescribed manner.
12. Power to cancel or alter such restrictions - The Government may, by
order, cancel any order made under section 11 or alter any area specified in an
order under that section:
Provided that before making such order the Government shall consider
the matters referred to in sub-section (2) of section11 in so far as they may be
applicable.
CHAPTER III
CORRECTIVE TRAINING OF HABITUAL OFFENDERS
13. Power to establish and maintain corrective settlements and to certify
private institutions as corrective settlements - (1) The Government may by
notification in the Andhra Pradesh Gazette, establish and maintain in the State
as many corrective settlements as they think fit for the purpose of placing
therein such habitual offenders as are directed to receive corrective training
under this Act.
(2) The Government may, also approve or certify any privately managed
settlement, whether known as settlement or otherwise as a corrective
settlement for the purposes of this Act.
14. Power to direct habitual offenders to receive corrective training - (1) If
the government are satisfied from the report of the District Collector or
otherwise that it is expedient with a view to the reformation of a registered
offender and the prevention of crime that he should receive training of a
corrective character for a substantial term, the Government may, by order in
writing, direct that the registered offender shall receive training of a corrective
character for such period not exceeding the duration of his registration or re-
registration as may be specified in the order.
(2) Where a habitual offender who is not more than forty years of age, -
(a) is convicted of any offence punishable with imprisonment, or
(b) is required in pursuance of1[section 110 of the Code] to execute
a bond for his good behaviour,
and the court is satisfied from the evidence in the case and
other materials on record that it is expedient with a view to his
reformation and prevention of crime that he should receive training
of a corrective character for a substantial term, the court may, in
lieu of sentencing him for offence or, as the case may be, requiring
him to execute such bond, direct that he shall receive corrective
training for such term of not less than two and not exceeding five
years as the court may determine.
(3) Before giving any direction under sub-section (1) or sub-section (2),
the Government or the court, as the case may be, shall—
(a) take into consideration the physical and mental condition of the
offender and his suitability for receiving corrective training in a
corrective settlement, and
(b) give a reasonable opportunity to the offender to show cause why
such direction shall not be given.
(4) A habitual offender, in respect of whom a direction to receive
corrective training is made, shall be placed in a corrective settlement for the
term of his training and while in such settlement shall be treated in such
manner as may be prescribed.
15. Power to discharge or transfer persons from corrective settlements  -
The Government or any officer authorised by them in this behalf may, at any
time, by order in writing direct any habitual offender who may be in a
corrective settlement to be discharged or transferred to another corrective
settlement.
16. Power to subject voluntary residents in corrective settlements to
restrictions and penalties - The Government may, by order, direct that any
person voluntarily residing in any corrective settlement shall be subject to all
or any of the restrictions and penalties imposed by or under this Act, on a
habitual offender  placed in such settlement.
CHAPTER IV
PENALTIES AND PROCEDURE
17. Penalty for failure to comply with certain provisions of the Act - A
habitual offender who, without lawful excuse, the burden of proving which
shall lie upon him-
(a) fails to appear in compliance with a notice issued under section
4, or
(b) intentionally omits to furnish any information required under
that section or furnishes as true any information which he knows,
or has reason to believe to be false or does not believe to be true, or
(c) refuses to allow his finger and palm impressions, foot-prints
and photograph to be taken by any person acting under an order
passed under section 6, or
(d) fails to comply with the provisions of sub-section (1), or with an
order of the District Collector under sub-section (2) of section 7 or
with an order of the Government under section 11, may be
arrested without warrant and shall be punishable -
1. See now the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
(i) on 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, and
(ii) 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:
Provided that if the court after taking into
consideration the offenders age and physical and mental
condition and his suitability for receiving training of a
corrective character in corrective settlement is satisfied that
it is expedient with a view to his reformation and prevention
of crime that he should receive training of a corrective
character for a substantial term, the court may, in lieu of
sentencing the offender to any punishment under this
section, direct, after giving him an opportunity of showing
cause, that he shall receive corrective training in a corrective
settlement for such term not exceeding three years as it may
determine.
18. Arrest of habitual offenders found outside the restriction area or
corrective settlement - If any habitual 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 corrective settlement in which he is placed, he
may be arrested without warrant by a 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 may on
production of the offender and on proof of the facts order him to be
removed to such area or to such corrective settlement to be dealt
with in accordance with this Act and the rules made thereunder.
CHAPTER V
MISCELLANEOUS
19. Bar of Jurisdiction - No court shall question the validity of any direction
or order issued under this Act.
20. Bar of legal proceeding - 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 under this Act.
21. Power to delegate - The Government may, by notification in the Andhra
Pradesh Gazette, direct that any power exercisable by them under this Act
except the power under section 22 may also be exercised subject to such
conditions, if any, as may be laid down in the notification, by such officer not
below the rank of a District Collector as may be specified therein.
22. Power to make rule - The Government may, by notification in the Andhra
Pradesh Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters, namely:-
(a) the form of notice under section 4 and the manner in which
such notice may be served;
(b) the form of the register of habitual offenders and the particulars
to be entered therein;
(c) the authority to whom and the manner in which any change or
intended change of ordinary residence shall be notified under sub -
section (1) of section 7.
(d) the nature of restrictions to be observed by registered offenders
whose movements have been restricted;
(e) the grant of certificate of identity to the registered offenders and
inspection of such certificates;
(f) the conditions under which the offenders may be permitted to
leave the area to which their movements have been restricted or
the corrective settlements in which they have been placed;
(g) the terms upon which the offenders may be discharged from
corrective settlements;
(h) the working, management, control and supervision of corrective
settlements including the discipline and conduct of the offenders
placed therein;
(i) the conditions for, and the manner of, approving or certifying
privately-managed settlements;
(j) the appointment of non-official visitors to the corrective
settlements;
(k) the conditions and circumstances under which members of the
families of the offenders may be permitted to stay with them in a
corrective settlement;
(1) the periodical review of the cases of all the offenders whose
movements have been restricted or who are placed in corrective
settlements under this Act;
(m) any other matter which is to be or may be prescribed under
this Act.
(3) In making rules under this Act, the Government may provide that a
contravention of any of the rules shall be punishable with fine which may
extend to one hundred rupees.
(4) All rules made under this Act shall, as soon as may be after they are
made, be laid for not less than fourteen days before both Houses of the State
Legislature and shall be subject to such modifications, whether by way of
repeal or amendment, as the State Legislature may make during the session in
which they are so laid.
23. Repeals and savings - The Andhra Pradesh (Andhra Area) Restriction of
Habitual Offenders Act, 1948 (Act VI of 1948), and the Andhra Pradesh
(Telangana Area) Habitual Offenders (Restriction and Settlement) Act,1954 (Act
XXII of 1954), are hereby repealed; but such repeal shall not affect the previous
operation of the said Acts or anything done or suffered thereunder, and subject
thereto, anything done or any action taken under the provisions of the said
Acts shall, in so far as such thing or action is not inconsistent with the
provisions of this Act, be deemed to have been done or taken, under the
provisions of this Act, as if the said provisions were in force when such thing
was done or such action was taken and shall continue to be in force
accordingly, unless and until superseded by anything done or any action taken
under this Act.

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