The JAMMU AND KASHMIR HABITUAL OFFENDERS (CONTROL AND REFORM) ACT, 1956

HABITUAL OFFENDERS
(CONTROL AND REFORM)
ACT, 1956
(Act No. XI of 1956)
SECTION.
1. Short title, extent and commencement.
2. Definitions.
3. Registration of habitual offenders.
4. Restriction on registration.
5. Procedure in making register.
6. Charge of register.
7. Alterations in register.
8. Complaints of entry in register.
9. Power to take finger print expressions, photographs and foot-prints at any
time.
10. Registered persons to report themselves or notify their place of residence.
11. Power to restrict movements of or settle registered persons.
12. Power to vary specified area or place of residence.
13. Verification of presence of registered person within prescribed areas or
place of residence.
Settlement and Schools
14. Power to place registered persons in settlements.
15. Power to discharge or transfer persons from settlement or school.
THE JAMMU AND KASHMIR HABITUAL OFFENDERS
(CONTROL AND REFORM) ACT, 1956
(Act No. XI of 1956)
CONTENTS
Preamble.
424 HABITUAL OFFENDERS  (CONTROL AND REFORM) ACT, 1956
–––––––
SECTION.
Rules
16. Power to make rules.
Penalties and Procedure
17. Penalties for failure to comply with terms of notice under section 5 or
section 7.
18. Penalties for breach of rules.
19. Arrest of registered persons beyond prescribed limits.
20. Duties to report arrival and departure.
21. Penalty for breach of such duties.
22. Repeal and saving.
23. Bar of jurisdiction of Courts in questions relating to certain notifications.
24. Saving of certain orders.
25. Saving of existing rules.
SCHEDULE.
HABITUAL OFFENDERS (CONTROL AND REFORM)  ACT, 1956 425
THE JAMMU AND KASHMIR HABITUAL OFFENDERS
(CONTROL AND REFORM) ACT, 1956
(Act No. XI of 1956)
[Received the assent of the Sadar-i-Riyasat on 17th May, 1956 and
published in Government Gazette dated 31st May, 1956].
An Act to provide for the registration of habitual offenders in the State
of Jammu and Kashmir and for imposing certain restrictions on them.
Be it enacted by the Jammu and Kashmir State Legislature in the Seventh
Year of the Republic of India as follows : ––
1. Short title, extent and commencement.––(1) This Act may be called
the Jammu and Kashmir Habitual Offenders (Control and Reform) Act, 1956.
(2) It shall extend to the 1[whole of the Union territory of Jammu and
Kashmir].
(3) It shall come into force on 1st April, 1956.
2. Definitions. ––(1) “Code” means the 2[Code of Criminal Procedure,
1973 (2 of 1974) ;
(2) “Habitual offender” means a person—
(a) who, during any continuous period of five years, whether
before or after the commencement of this Act, has been
convicted and sentenced to imprisonment more than twice
on account of any one or more of the offences mentioned in
the Schedule to this Act committed on different occasions
and not constituting parts of same transaction ; and
(b) who has, as a result of such convictions, suffered
imprisonments at least for a total period of twelve months.
Explanation (1)––A conviction which has been set aside in appeal or
revision and any imprisonment suffered in connection there with shall not be
taken into account for the above purpose.
Explanation (2)––In computing the period of five years, any periods
spent in jail either under a sentence of imprisonment or under detention shall
not be taken into account ;
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “whole of the Jammu and Kashmir State”.
2. Substituted ibid for “Code of Criminal Procedure, 1989”.
426 HABITUAL OFFENDERS  (CONTROL AND REFORM) ACT, 1956
(3) “registered person” means a person registered under this Act as a
habitual offender ;
(4) “prescribed” means prescribed by rules made under this Act ;
(5) words and expressions used but not defined in this Act shall have the
meanings assigned to them in the Code.
3. Registration of habitual offenders.–– The 1[Government of the Union
territory of Jammu and Kashmir] may direct the District Magistrate to make or
cause to be made a register of habitual offenders within his district.
4. Restriction on registration.–– No person shall be registered under
this Act if more than six months have elapsed since the expiration of the sentence
of imprisonment relating to his last conviction.
5. Procedure in making register.–– Upon receiving a direction under
section 3, the District Magistrate shall publish a notice in the prescribed manner
calling upon habitual offenders––
(i) to appear at a time and place specified therein before the person
appointed by him in this behalf,
(ii) to give to that person such information as may be necessary to
enable him to complete the register, and cause a register of habitual
offenders to be prepared :
Provided that before entering the name of any person in such register the
District Magistrate or a Magistrate not below the rank of second class
(Magistrate) appointed by him in this behalf shall give him a reasonable
opportunity to show cause why such entry should not be made.
6. Charge of register.–– The register, when made, shall be placed in the
keeping of the Superinten-dent of Police of the District, who may, from time to
time, report to the District Magistrate such alterations as ought in his opinion
to be made therein by way of addition or erasure.
7. Alterations in register.––(1) After the  register has been placed in the
keeping of the Superintendent of Police and subject to the provisions of section
8, no person’s name shall be added to the register, and no registration shall be
cancelled except by, or under an order in writing of, the District Magistrate.
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”.
HABITUAL OFFENDERS (CONTROL AND REFORM)  ACT, 1956 427
(2) Before the name of any person is added to the register under this
section, the District Magistrate shall give notice in the prescribed manner to
the person concerned––
(a) to appear before him or any authority appointed by him in this
behalf at a time and place therein specified ;
(b) to give to him or such authority such information as may be
necessary to enable the entry to be made :
Provided that before adding the name of any person to such register, the
District Magistrate or a person not below the rank of a Second Class Magistrate
appointed by him in this behalf shall give him a reasonable opportunity to
show cause why such addition should not be made.
8. Complaints of entry in register.–– Any person aggrieved by any entry
made, or proposed to be made, in such register, either when the register is first
made or subsequently, may represent to the 1[Commissioner of the Province]
against such an entry, who shall retain such person’s name on the register, or
enter it therein or erase it therefrom as he may think fit :
Provided that the 2[Government of the Union territory of Jammu and
Kashmir] shall be competent, either on its own motion, or on an application
made in this behalf by the aggrieved person to confirm, alter or rescind any
order passed by the 1[Commissioner.]
9. Power to take finger impressions, photographs and foot-prints at
any time.–– The District Magistrate or any officer appointed by him in this
behalf may at any time order the finger impressions, photographs and foot-
prints of any registered person to be taken.
10. Registered persons to report themselves or notify their place of
residence. ––(1) The District Magistrate may, in respect of any registered
person, give either one, or both, of the following directions, namely that
every such person shall in the prescribed manner––
(a) report himself at fixed intervals, and
(b) notify his place of residence and any change or intended change
of residence, and any absence or intended absence from his
residence :
1. Now Divisional Commissioner.
2. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”.
428 HABITUAL OFFENDERS  (CONTROL AND REFORM) ACT, 1956
Provided that no such order shall be made for a term exceeding three
years, nor shall it be made unless the necessity for making it has been
established to the satisfaction of the District Magistrate, after an enquiry held
by such author-ity and in such manner as may be prescribed.
(2) Where a registered person in respect of whom the District Magistrate
has issued a direction under sub-section (1) changes his place of residence to
a district other than that in which he has been registered, the provisions of this
Act shall apply to him as if he had been registered in that district in pursuance
of a direction made under section 3.
(3) Where any such registered person changes his place of the residence
to a district other than that in which he has been registered, the relevant entry
in the register shall be transferred to the Superintendent of Police of that
District.
11. Power to restrict movements of or settle registered persons.––(1) If
the 1[Government of the Union territory of Jammu and Kashmir] considers that
it its expedient that any registered person should be––
(a) restricted to any specified area, or
(b) settled in any place of residence, the 1[Government of the Union
territory of Jammu and Kashmir] may, by notification in the
*[Government Gazette], declare that such person shall be restricted
to the area specified in the notification or shall be settled in the place
of residence so specified, as the case may be :
Provided that no such declaration shall have effect for a period in excess
of three years.
(2) Before making any such declaration, the 1[Government of the Union
territory of Jammu and Kashmir] shall consider the following matters in an
inquiry held by such authority and in such manner as may be prescribed : ––
(i) the nature and the circumstances of the offences in which the
registered person is believed to have been concerned ;
(ii) whether the registered person follows any lawful occupation, and
whether such occupation is a real occupation or merely a pretence
for the purpose of facilitating the commission of crimes ;
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”.
* Now Official Gazette.
HABITUAL OFFENDERS (CONTROL AND REFORM)  ACT, 1956 429
(iii) the suitability of the restricted area, or of the place of residence, as
the case may be, which it is proposed to specify in the notification ;
(iv) the manner in which it is proposed that the person to be restricted
or settled shall earn his livelihood within the restricted area or in
the place of residence, and the adequacy of the arrangements
which are proposed therefor.
12. Power to vary specified area or place of residence.–– The
1[Government of the Union territory of Jammu and Kashmir] may, by a like
notification, vary the terms of notification issued by it under section 11 for the
purposes of specifying another restricted area or another place of residence,
as the case may be, and any officer empowered in this behalf by 1[Government
of the Union territory of Jammu and Kashmir] may, by order in writing, vary any
notification made under section 11 or under this section for the purposes of
specifying another restricted area, or, as the case may be, another place of
residence in the same district.
13. Verification of presence of registered person within prescribed areas
or place of residence.–– Every registered person whose movements have been
restricted or who has been settled in a place of residence under the provisions
of this Act shall attend at such place and at such time and before such person
as may be directed in this behalf.
SETTLEMENTS AND SCHOOLS
14. Power to place registered persons in settlements. ––(1) The
1[Government of the Union territory of Jammu and Kashmir] may establish
industrial, agricultural or reformatory settlements and schools and may order
to be placed in such settlement or school any registered person :
Provided that no such order shall be made unless the necessity for making
it has been established to the satisfaction of the 1[Government of the Union
territory of Jammu and Kashmir] after an enquiry held by such authority and in
such manner as may be prescribed.
(2) No order under sub-section (1) shall be for a term exceeding five
years.
15. Power to discharge or transfer persons from settlements or schools.––
The 1[Government of the Union territory of Jammu and Kashmir] or any officer
authorised by it in this behalf may, at any time, by general or special order,
direct any person who may be in any industrial, agricultural, or reformatory
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”
430 HABITUAL OFFENDERS  (CONTROL AND REFORM) ACT, 1956
settlement or school in the 1[Union territory of Jammu and Kashmir], ––
(a) to be discharged, or
(b) to be transferred to some other settlement or school in the 1[Union
territory of Jammu and Kashmir].
RULES
16. Power to make rules. ––(1) The 1[Government of the Union territory
of Jammu and Kashmir] may make rules to carry out the purposes and objects
of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power such rules may provide for or regulate––
(a) the form and contents of the register referred to in section 3 ;
(b) the manner in which the notice referred to in section 5 shall be
published and the means by which the persons whom it concerns,
and the village headman, village watchman and landowners and
occupiers of the village in which such persons reside, and the
agents of such landowners or occupiers, shall be informed of its
publication ;
(c) the addition of names to the register and the erasure of names
therein, and the mode in which the notice referred to in sub-section
(2) of section 7 shall be given ;
(d) the manner in which persons mentioned in section 10 shall report
themselves, or notify their residence or any change or intended
change of residence, or any absence or intended absence ;
(e) the nature of the restrictions to be observed by persons whose
movements have been restricted by notifications under section 11
or section 12 ;
(f) the circumstances in which registered persons shall be required to
possess and produce, for inspection, certificates of identity and
the manner in which such certificates shall be granted ;
(g) the conditions as to passes under which persons may be permitted
to leave the place in which they are settled or restricted ;
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “State”.
HABITUAL OFFENDERS (CONTROL AND REFORM)  ACT, 1956 431
(h) the conditions to be inserted in any such pass in regard to––
(i) the places where the holders of the pass may go or reside ;
(ii) the persons before whom, from time to time, he shall be bound
to report himself ; and
(iii) the time during which he may absent himself ;
(i) the place and time at which, and the person before whom, registered
persons shall report in accordance with the provisions of section
13 ;
(j)  the authority by whom and the manner in which the inquiry referred
to in section 14 shall be held ;
(k) the inspection of the residences and villages of any registered
person ;
(l) the terms upon which registered persons may be discharged from
the operation of this Act ;
(m) the management, control and supervision of industrial, agricultural
or reformatory settlements and schools ;
(n) the works, on which, and the hours during which, persons placed
in an industrial, agricultural or reformatory settlement shall be
employed, the rate at which they shall be paid, and the disposal, for
the benefit of such persons, of the surplus proceeds of their labour
; and
(o) the discipline to which persons endeavouring to escape from any
industrial, agricultural, reformatory settlement or school, or
otherwise offending against the rules for the time being in force
shall be subject, the periodical visiting of such settlement or school
and the removal from it of such persons as are considered expedient
to be removed.
PENAL TIES AND PROCEDURE
17. Penalties for failure to comply with terms of notice under section 5
or section 7.–– Whoever without lawful excuse, the burden of proving which
shall lie upon him, ––
432 HABITUAL OFFENDERS  (CONTROL AND REFORM) ACT, 1956
(a) fails to appear in compliance with a notice issued under section 5
or section 7, or
(b) intentionally omits to furnish any information required under either
of those sections, or
(c) when required to furnish information under either of those sections,
furnishes as true any information which he knows or has reasons
to believe to be false, or
(d) refuses to allow his finger impressions, photographs and foot-prints
to be taken by any person acting under an order passed under
section 9,
may be arrested without warrant, and shall, on conviction, be punishable with
imprisonment for a term which may extend to six months, or with fine which
may extend to two hundred rupees, or with both.
18. Penalties for breach of rules. ––(1) Any registered person who
contravenes any rule, notice, direction or order made under this Act, the breach
of which is not otherwise provided for, shall be punishable with imprisonment
for a term which may extend, ––
(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 ; and
(b) on any 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.
(2) Any person who commits an offence made punishable by this section
which is not a cognizable offence as defined in the 1[Code of Criminal Procedure,
1973 (2 of 1974)] may be arrested without a warrant by any officer-in-charge of
a police station or by any police officer not below the rank of a Sub-Inspector.
19. Arrest of registered persons beyond prescribed limits. ––(1) If a
registered person is found outside the area or place of residence to which his
movements have been restricted or in which he has been settled, in
contravention of the conditions, under which he is permitted to leave such
area, or who escapes from an industrial, agricultural or reformatory settlement
or school in which he has been placed may be arrested without warrant by any
police officer, village headman or village watchman, and shall be taken before
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Code”.
HABITUAL OFFENDERS (CONTROL AND REFORM)  ACT, 1956 433
a Magistrate, within 24 hours of such arrest, and the Magistrate, on proof of
the facts, shall order him to be removed to such area or place or to such
settlement or school, as the case may be, there to be dealt with in accordance
with this Act or any rules made thereunder.
(2) The rules for the time being in force for the removal of prisoners shall
apply to all persons removed under this section or under any other provisions
of this Act :
Provided that an order from the 1[Government of the Union territory of
Jammu and Kashmir] or from the Inspector General of Prisons shall not be
necessary for the removal of such persons.
20. Duties to report arrival and departure.–– Any person, authorised or
appointed in this behalf, shall forthwith report to the officer-in-charge of the
nearest police station the arrival or departure of––
(a) a person who has failed to give information in answer to a notice
under section 5 of this Act,
(b) a registered person under this Act.
21. Penalty for breach of such duties.–– Any person who fails to comply
with the requirements of section 20 shall be deemed to have committed an
offence punishable under the first part of section 176 of the 2[Indian Penal
Code (45 of 1860).
22. Repeal and saving. ––(1) The Jammu and Kashmir Criminal Tribes
Act, 1976 (II of 1976) is hereby repealed.
(2) Notwithstanding such repeal, every person who stood registered
under that Act at the commencement of this Act and who is habitual offender
as defined in sub-section (2) of section 2 of this Act shall be deemed to be a
registered person under this Act; provided that more than six months have not
elapsed since the expiration of the sentence of imprisonment relating to his
last conviction at the time of the commencement of this Act.
(3) With respect to such persons as are referred to in the next preceding
sub-section, all orders passed under sections 10,12 and 16 of the Criminal
Tribes Act, 1976 (Act II of 1976) shall be deemed to have been passed under
sections 10,11 and 14 of this Act respectively.
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Code”.
2. Substituted ibid for “Ranbir Penal Code (XII of 1989)”.
434 HABITUAL OFFENDERS  (CONTROL AND REFORM) ACT, 1956
23. Bar of Jurisdiction of Courts in questions relating to certain
notifications.–– No Court shall question the competence of any authority
making or issuing any notification, order or direction under this Act.
24. Saving of certain orders. ––(1) Nothing in this Act shall empower
any authority to pass an order under section 10 or section 11 of this Act in
respect of a person against whom an order under 1[section 356 of the Code of
Criminal Procedure, 1973 (2 of 1974)] is in force.
(2) No Court shall be competent to pass an order under 1[section 356 of
the Code of Criminal Procedure, 1973 (2 of 1974)] in regard to a person against
whom any order under this Act is in force.
25. Saving of existing rules.–– The rules framed under the Criminal Tribes
Act, 1976 (II of 1976), shall continue in force in so far as they are not inconsistent
with the provisions of this Act, and shall so remain in force until they are
replaced by rules framed under this Act.
SCHEDULE
(1) All offences mentioned in Chapter XII of the 2[Indian Penal Code (45
of 1860)].
(2) All offences punishable under the following sections of the 2[Indian
Penal Code (45 of 1860)]: ––
302, 303, 304, 307, 326, 327, 328, 329, 363, 364, 365, 366, 366-A, 366-B, 367,
368, 369, 376, 377, 379, 380, 381, 382, 384, 385, 386, 387, 392, 393, 394, 395, 396,
397, 398, 399, 400, 402, 409, 411, 412, 413, 414, 420, 449, 450, 454, 455, 456, 457,
458,459 and 460.
(3) An offence under section 3 of the 3[Public Gambling Act, 1867 (3 of
1867).
(4) Any offence under 4[Essential Commodities Act, 1955 (10 of 1955) and
orders issued thereunder].
–––––––
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “section 565 of the Code”.
2. Substituted ibid for “Ranbir Penal Code (Act XII of 1989)”.
3. Substituted ibid for “Public Gambling Act, 1977 (XVIII of 1977)
4. Substituted ibid for “Essential Supplies (Temporary Powers) Ordinance (Ordinance No. I of
2003)”.

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