(1) Where any registered offender changes his ordinary residence to another district within the State, the District Magistrate of the district in which the offender is registered shall infonTi the District Magistrate 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 i-eceipt of such information, the District Magis tate of the other district shall enter in his register the name and other particulars of the registered offender furnished to him and inform the District Magistrate of the first district about such registration and thereupon such District Magistrate shall cancel from his register the entxy relating to that offender
Provided that where a registered offender changes his ordinary residence to another district outside the State, the District Magistrate of the first district shall furnish the District Magistrate of the other district with the name and other particulars of the registered offender, and make a request to that District Magistrate that he may be informed of the steps, if any, which may have been taken in relation to the offender under any law relating to the treatment and training of habitua] offenders for the time being in force in that other clistric arid upon the redeipt of:
Magistrate of the first district shall cancel from his offender. 1 infonnation the District ster the entiy relating to that
(3) Upon the enuy of the na'iie and other parlicuars of a registered offender in the register under sub-section (2), the provisio;-is of this A ck and the rules made thereunder shall apply to him as if he has been registerd, in pursuince of a direction given under section 3, in the register of the district: to which he has ilianged his ordinaiy residence.
9. DUra 1/on of registration and re-registrAtion of lia/Jitual offenders - (I) The registration of a habitual offender under this Act shall, inless eaiiier cancelled, cease to be in force on the exphy of five years from the date of uch registration, and on such cancellation or expiiy the habitual offender bhall cease 10 be a registered offender.
(2) Notwithstanding the cancellation, orexpiiy 0 habitual offender may be re-registered in acbrdance w relating to registration is often as he is comiicted of oi offences at any time after such cancellation br expiiy.
earlier cancelled, cease to be in force on theexpiiy off regis tration.
dura don of registration, a th the provisions of this Act or more of the scheduled d the re-registration shall, unless {'e years from the date of such re-
(3) Notwithstanding anything containd in sub-sE registered offender is, during the penod of registration or more of the scheduled of fences and sentericed to a st the cluiBtion of registration or re-registration shall be ex from die date of his release horn such imprisonment.
10. R1g1i( to make representa lions against regis/ia I/o himself aggrieved by the registration under section 4, ot the duration of rcgislrarion or re-registration, as the cas' order undersub section (2) of sectionn 7. may within die representation to the C. overnnent against such registrati order.
ions (1) and (2), where a re-registration, convicted of one ;tantive term of i niprisonment ided for a period of five years etc. - (1) Any person deeming - registrati on or extension of iay be, under section 9 or by an escribed period make a re-registration, extension or
(2) The Government shall, alter coasidnng the rel1resentation and giving the aggrieved peison an opportunity of being heard, either c*nf inn or cancel the registration, rn-regis tration. extension or order, as the case may be, and shall, in the case of confinnation, record a brief statement of the reasons ther1on I. Power to restrict mo ;'ements of registered offendej Government it is necessaiy or expedient inhiriet interests the C overnnient may by order direct that any registered c movements to such area and for such penod not exceedir specified ii the nrde -.
- (1) If in the opinion of the 'the general public so to do, coder shall be restricted in his three years as may be
(2) Before niaki rig any such order die Government shall take into considerapn the following maiters, namely: - the natut of die offences of which die registered offender has been convicted and the circur tsiances in which the offences were committed whether die registered offender follows any lawful occupation and whether such occupation is conducive to an honest and settled way of life and is not merely a pretence for the purpose of facilitating the commission of offences: I the suitability of the area to which his movements are to be restrictedt and the manner in which the registered offender may earn his living within such area, and the adequacy of arrange ments which are, or are likely to be, available threfor.
(3) A copy of the order shall be served on the registered offender in the presdibed manner.
Power 10 cancel or alter restrictions of movements. - The Government mayJ by order, cancel any order made under section 11 or alter any area specified in an order under that section Prnvicted that before making such order the Government shall consider the mtten referred to in sub-section (2) of section 11 in so far as they may be applicable.
chapter III C orrectivc Training of 1-lahitual offenders Corrective settlements.— (1) The Government may, by notification in die 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 con'edtive fining under this Act
(2) The G overnnient may also appiDve or ceify any privately- managed institution (whether known as settlement or otherwise) or ally institution n.ni by the State Social Welfare Advisory Board as a corrective settlement for the purposes of thiAcL Power to direct habitual offenders to receive corrective training. - (1) Wh&e the Government are satisfied from the report of the Disuict Magistrate or otherwise that it is expedient with a view to the reformation of a registered offender and die preveniibn of cn me that the registered offender should receive training of a corrective cIiaracter for a substantial penod. die G overnment may, by order in writing, direct that the registhred offender shall receive training of a corrective character for such period, not exceeding the durrrtion of his registration or re-registration, as may be specified in the order.
(2) Where a habitual offender, wh10 is not mo is convicted of any scheduled offer is required in J)UISLlance of section for his good behaviour, and the court or the Magistrate is satisfied from die e materials on record that it is expedient With a view tc of crime that he should receive training oia COIThCtiV the court or the Magistrate may, in lieu of sentencing may be, requinng him to execute such botid, direct di training for such term of not less than twoand not mc Magistrate may dererniine. I
(3) Before giving I any direction under sub- C ovell"llent or the coiu-t or the Magisirate as the take into c0nsiderauo11 the jhysical an and his suitability for receiving con-ective 6ininR in give a reasonable opportuni(!y to the ofl direction should not be given.
(4) A habitual offender, in respect ofwhom a di training has been made, shall be placed in corrective training and while in such settlement shall be treated ii scn bed.
.15. Power to transfer from corre ctii'e see tie/pent - authotised by them in this behalf may at ai ~ ly time by oi offender who may be in a corrective seuieniènt to be tr settlement.
cl!au(cr IV Penalties and Procedu
16. Penalty for/allure to comply wit/i certAin pro visit offender' who, without lawful excuse, die builen of proi
(a) fails to appear in conipliancewiffi a nod than forty years of age,— .10 of die Code to execute a bond dence in die case and other is refonnation and the prevention character for a subs tanlial period, mi for such offence or, as the case lie shall receive corrective than five years as the court or the (I) or sub-section (2) the ay be, shall— conch don of the offender lye settlement and to show cause why such to receive corrective rent for die term of his manner as may be pre C ovemnient or any officer in writing direct any habitual erred to another corrective of die Act—A habitual which shall lie upon hini— issued under section 4; or
(b) intentionally omits lo fUnniSh, any inforn adon required under that section or furnishes as true any infoniiauon which li knows, or I as reason to believe, to be false or does not believe to be J1,je or I refuses to allow his finger and painl impressions, foot prints and photograph to be taken by any person acting under an order passed under section or fails to comply with the provisions of sub-section (1) of section 7 r with an order of the District Magistrate under sub-section (2) of that section or with an order under section .11.
may be arrested without warrant and shall be punishable,— (I) on first conviction, with imprisonment for a term which may to six months or with fine which may extend to two hundred rupees or with both
(ii) on a second or subsequent conviction, with inipri sonment fo term which may extend to one year or with fine which may extend to five hundred iiior with both:
Provided that if the court, after taking into consideration the offender'sge and physical and mental condition and his suitabili for receiving ining of a coctiv chawacter in a corrective settlement is satisfied that it is expedient with a view to is reformation and the prevention of crime that he should receive training of a cone&ive character for a substantial period the court may, in lieu of sentencing the offenderto any punishment under clause (d), direct, after giving him an opportunity of showing cause, that he shall receive corrective traihing in a corrective settlement for such term no!
exceeding thee years as it may determine.
1 7. Arrest of persons found outside restriction area or correc live settlement—ha ny person,— I is found outsjde the area to which his movements have been reslii'cted in contravention of the conditions under which he is peniiitted to leave such area, on escapes from any corrective settlement in which he is placed, he may be arrested without warrant by a police officer and taken befor a Magistrate who, on proof of the facts, may order him to be removed to .such arear to such corrective settlement there to be dealt with in accordance with this Act and te rules macla thereunder. I chapter V Misc ellan cc '.is
18. Bar of jurisdiction of courts, !Vb court shall question the validity of any or or issued or made under this act.