The ODISHA RESTRICTION OF HABITUAL OFFENDERS ACT, 1952

Short title,
extent and
comm eu ce-
ment.
Definitions
237
ORISSA ACT xxiv OF 1952
THE ORISSA RESTRICTION OF HABITUAL
OFFENDERS ACT, 1952
[Receivedthe assent of the Governoron the 1Iti
December1952,first pubiished in an extraordinary
iss•ueof the Orissa Gazette, dated the 16th Decembeff
1952]
AN ACT TO IMPOSE CERTAIN RESTRICTIONS ON HABITUAL
OFFENDERS IN THE STATE OF ORISSA
WHEREAS it is expedient to impose certain
restrictions on habitual offenders in the Stav
OJOrissa ;
It is hereby enacted as follows :—
I. (l) This Aet may be called the Orissa Restric
tion of Habitual Offenders Act, 1952.
(2) It extends to the whole of the State of
Orissa.
(3) It shall come into force at once.
2. In this Act, unless there is anything repug-
nant in the subject or context—
(a) " habitual offender means a mrson who
has been sentenced to bstan€ive terrns of imprison.
ment whether before or after the commencement of
the Act.—
(i) for one or the other of the offencesin
Schedule I on two occasions.
(ii) for one or the other of the offences in
Schedule II on three occasions,
(iii) for one of the offences in Schedule I and
one of the offences in Schedule II on two occasions ;
Explanation—Any order made requiring a person
to give security for good behaviour with reférence to
section 110 of the Code of Criminal Procedure,
1898 shall amount to the passing of a sentence of v of 1893
substantive imprisonment for one or other of tho
offences under the Indian Penal Code, 1860 as XLV 1860
specified in Schedule II within the meaning of this
clause.
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PD wer
to notify
habitual
offenders.
Notified
offenders
to intimate
residence
and charge
of residence
P owor to
restrict
movements
of notified
fenders.
238
(b) " notified offender " means a habitual
offender in respcct of whom a notification has been
issued under section 3 and is in force :
(c) " prescribed " means prescribed by rules
made under this Act ;
(d) "settlement " means a settlement esta-
blished or deemed to have been established under
section 7.
3. (1) The District Magistrate if satisfied that
any person is a habitual offender may, for reasons
to be recorded in writing, by notification—
(a) declare that be shall be subject to the
orovisions of this Act to such extent and subject to
hlChrestrictions,if any, as may be specifiedin the
notification ;
(b) cancel or modify any such declaration.
(2) Before any notification is issued in respect of
any person under clause (a) of sub-section (l) or
modified to his disadvantage under clauye (b)
of the said sub-section, a reasonable opportunity
shall be given to him to show cause against such
issue or modification, as the case may be.
(3) The State Government may cancel any'
notification issued under sub-section (1) or modify
the sameon the application of a person affected by
the samo or without such an application.
4. As soon as a person is notified as habitual
offender he shall—
(a) report himselt at suchintervals and notify
his place of residence and any change or intended
change of residence and any absence or intended
absence from bis residence in such manner and to
such authority as may be prescribed.
(b) allow his finger impressions to be recorded
by the prescribed authority :
Provided that the District Magistrate or any
omcerauthorised by him in this behalf may exempt
any such offender from reporting any temporary
absenceor intended absence from his residence,not
exceeding such limit as may be prescribed.
5. (l) If in the opinion of the State Government
it is expedient so to do, they may, by notification,
declare that any notified offender shall be restricted
in his movements to a specified area.
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Powar to
cancel or
alter such
restrictions.
Power to
place
239
(2) Before making any such declaration, the
State Government shall consider—
(i) the nature of the offences,if any, of which
tbe offender has been convicted and the circums-
tances under which they were committed ;
(ii) whether the offender employs himself
in any lawful occupation and whether such
occupation is a real one or merely a pretence fcr
facilitating the commission of offences ;
(iii) the suitability of the area to which Ins
movements are to be restricted ; and
(iv) the manner in which it is proposed that
he should earn his living in such area and the
adequacy of the arrangements therefor.
6. The State Government may, by notification,
cancel any declaration made under section 5 or
alter any area notified under that section :
Provided that before issuing any such
notification the State Government shall consider the
matters referred to in sub-section (2) of section 5 in
so får as they may be +pplicable.
7. The State Government may for the purpose
of this Act establish industrial, agricultural ornotified
and may order anyoffendersin reformatory settlements
settlements.notified offender to be placed in any such
settlement.
8. The State Government or any officerPower to
authorised by them in this behalf may at any time.discharge or
by an order in writing, direct any notified offenderstransfer
p ersons fromcettlementswho may be in a settlement to be discharged, or
transferred to any other settlement.
Power to
9. The State Government may, by order, directaubject
voluntarythat any person voluntarily residing in anyresidents in
settlementssettlement shall be subject to all or any of the
to restric• restrictions and penalties imposed by or under this•ions and
Act on a notified offender placed in such settlement.penalties.
10. Any notified offenderwho contravenesanyPenalties
of the provisionsof this Act or any notification,
rule or order made thereunder shall be punishable—
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Arrest of
notified
offen ders.
R ules for
the removal
of prisoners
to apply in
certain
cages.
Bar of
j urisdiction,
P ower to
make rules.
240
(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 ;
11. If a notified offender—
(O) is found outside the area -to which his
movements have been restricted in contrmvention
of the conditions under whick he ig permitted to
leave such area, or
(b) escapes from any settlement in which he
has been placed,
he may be arrested without warralit, by any police
officer, village headman or village watchman • and
taken before any Magistrate who, on proof of the
facts, shall order him to be removed to such area or to
such settlement, to be dealt with in accordance
with the provisions of this Act and any rules madethereunder.
12. Every law or rule for the time being in force
governingthe removal of prisonersshall apply to all
persons ordered to be placed in a settlement under
section 7 or to be removed under section 8 :
Provided that na order from the State Govern-
ment or the Inspector-General of Prisons shall bc
necessary for the removal of such persons.
13. No Court shall question the validity of anynotification or order, issued under this Act.
14. (1) •TheState 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 mayprovide for or
(a) all matters required or allowed hy this Act
o be prescribed :
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241
(b) the intervals, manner and the authority to
be prescribed under section 4 ;
(e) the restrictions to be observed under
section 5 by notified offenders in respect of wbom
notifications havo been issued under section 3 ;
(d) the grant of certificates of identity to
notified offenders, and the inspection of euch certifi•
cates ;
(e) the conditions under which notified
offenders may bo permitted to leave the area to which
their movements are restricted or the places in whaoh
they are settled ;
(f) the inspection of the residences of notified
offenders ;
(g) tbe terms upon which notified offenders
may be discharged from the operation of tbis Act ;
(h) tho management and supervision of
settlements including the discipline and conduct of
tbe persons placed in them ; and
(i) the periodical review of tho cases of all
persons who have been placed in any settlement
under this Act.
(3) All rules made undor this section shall be
published in the Gazette, and upon such
ehall have effect as if enacted in thig Aet.
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242
SCHEDULE 1
[ SeeSection 2 (a) ]
Sections. of tho Indian Pena) Code
302 Murder
804 Culpable homicide not amounting to murder
307 Attempt to murder
308 Attempt to commit oulpablo homiciäo
311 Being a thug
382 Theft aftor preparation mado for causing death. hurt or restraint
in order to the committing of the theft.
392 Robbery
393 Attempt to commit robbery
394 Voluntarily causing hurt in committing robbery
395 Dacoity
396 Murder in dacoity
397 Robbery or dacoity, Witb attempt to oauso 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 a gang of persons associ&ted for habitually
committing dacoity.
401 Belonging to a wandering gang of persons associated for the
purpose of habitually committing theft.
402 Asgembling for purposeof committing dacoity
412 Dishonestly receiving stolen property knowing that it was
obtained by dacoity.
413 Habitually doaling in stolen property
458 Lurking house-trespass or house-breaking by night, after
preparation for hurt, assault or wrongful restraint.
469 Grievous hurt caused whilst committing lurking house.treaposs
or houso-broaking.
460 All persons jointly concornod in lurking house-trespass or houre.
breaking by night punishable whore death grievous hurt is
eauæd by one of them.
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243
SCHEDULE 11
[ See Section 2 (a)
Sections of the Indian Penal Code
231 Counterfeiting coin
232 Counterfeiting Indian Coin
233 Making or solling instrument for counterfeiting ooin
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 the knowledgo that it is
counterfeit.
240 Delivery of Indian coin possessed with tho knowledge that it ii
counterfeit.
242 Possession of counterfeit coin by a person who know it to be
counterfeit when ho became possessed thereof.
243 Pcnsession of Indian coin by person who knew it to be counterfeit
when he became possessed thereof.
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 moans 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 oausing grievous hurt to doter public servant from
his duty.
364 Kidnapping or abducting in order to murder
367 Kidnapping or abducting in order to subject person to grievous
hurt, Blavery, etc.
369 Kidnapping or abducting child under ton years with intent to
stoal from its person.
370 Buying or disposing of any person as a slove•
371 Habitual dealing in slaves
379 Theft
890 Theft in a building, tent or vessel
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381
384
385
386
387
Theft by clerk or servant of propocty in possessionof Master of
Employer.
Extortion
Putting person in fear of injury in order to commit extortion
Extortion by putting a person in fear of death or grievous burt
Putting person in fear of death or Of grievous hurt in order to
commit extortion.
Lurking house-trespass or house-breaking by night in order to the
commission of an offence punishable with imprisonment.
489.A counterfeiting currency-notes or bank-notes
489.B Using as genuine, forged or counterfeit currency-notes or bank
notes.
489.C Posseøsionof forged or counterfeit currency-notes or bank-notes
'89.1) Making or possessing instruments or material for forging or
oounterfeiÅng currency-notes or bank-notes.
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