(1) This Act may be called the 2Telangana Habitual Offenders Act, 1962.
(2) It extends to the whole of the 2State of Telangana.
(3) It shall come into force on such date as the State Government may, by notification in the 2Telangana Gazette, appoint.
2. In this Act, unless the context otherwise requires,-
(a) ‘Code’ means 3the 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
1. The Andhra Pradesh Habitual Offenders Act, 1962 received the assent of the President on the 4th February, 1962. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
3. See now the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
Short title, extent and commencement.
Definitions.
2 [Act No. 4 of 1962] 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 anyone 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 to 4section 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 a habitual offender registered or re-registered under this Act;
(h) ‘scheduled offence’ means an offence specified in the Schedule or an offence analogous thereto;
4. See now the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
[Act No.4 of 1962] 3
(i) ‘State’ means the State of 5Telangana;
(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. 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. 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, foot-prints and photograph to be taken:
Provided that the name and other prescribed particulars of a habitual offender shall not be entered in the
5. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Power of Government to direct registration of habitual offenders.
Power of the District Collector to register habitual offenders.
4 [Act No. 4 of 1962] register unless he has been afforded reasonable opportunity of showing cause why such entry should not be made.