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Section 5

The Odisha Restriction of Habitual Offenders Act, 1952State Act of Odisha · Act 24 of 1952

(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.

Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark 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 circumstances 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 adequacyof 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 or notified and may order anyoffendersin reformatory settlements settlements.notified offender to be placed in any such settlement.

8. The State Government or any officer Power 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 any residents insettlementssettlement 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— Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark 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.

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(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 mayextend 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 made thereunder.

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 Government or the Inspector-General of Prisons shall bc necessary for the removal of such persons.

13.No Court shall question the validity of any notification or order, issued under this Act.

Where this provision sits

ActThe Odisha Restriction of Habitual Offenders Act, 1952
Section5
JurisdictionState of Odisha
StatusIn force as published by the source

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