(1) If the Government are satisfied from the report of the District Collector or otherwise that it is expedient with a view to the reformation of a registered offender and the prevention of crime that he should receive training of a corrective character for a substantial term, the Government may, by order in writing, direct that the registered offender shall receive training of a corrective character for such period not exceeding the duration of his registration or reregistration as may be specified in the order.
(2) Where a habitual offender who is not more than forty years of age,-
(a) is convicted of any offence punishable with imprisonment, or
6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016 Power to establish and maintain corrective settlements and to certify private institutions as corrective settlements.
Power to direct habitual offenders to receive corrective training.
[Act No.4 of 1962] 9
(b) is required in pursuance of 7section 110 of the Code to execute a bond for his good behaviour, and the court is satisfied from the evidence in the case and other materials on record that it is expedient with a view to his reformation and prevention of crime that he should receive training of a corrective character for a substantial term, the court may, in lieu of sentencing him for offence or, as the case may be, requiring him to execute such bond, direct that he shall receive corrective training for such term of not less than two and not exceeding five years as the court may determine.
(3) Before giving any direction under sub-section (1) or sub-section (2), the Government or the court, as the case may be shall-
(a) take into consideration the physical and mental condition of the offender and his suitability for receiving corrective training in a corrective settlement, and
(b) give a reasonable opportunity to the offender to show cause why such direction should not be given.
(4) A habitual offender, in respect of whom a direction to receive corrective training is made, shall be placed in a corrective settlement for the term of his training and while in such settlement shall be treated in such manner as may be prescribed.
15. The Government or any officer authorised by them in this behalf may, at any time, by order in writing direct any habitual offender who may be in a corrective settlement to
7. See now the corresponding section of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
Power to discharge or transfer persons from corrective settlements.
10 [Act No. 4 of 1962] be discharged or transferred to another corrective settlement.
16. The Government may, by order, direct that any person voluntarily residing in any corrective settlement shall be subject to all or any of the restrictions and penalties imposed by or under this Act, on a habitual offender placed in such settlement.
CHAPTER IV PENALTIES AND PROCEDURE
17. A habitual offender who, without lawful excuse the burden of proving which shall lie upon him-
(a) fails to appear in compliance with a notice issued under section 4, or
(b) intentionally omits to furnish any information required under that section or furnishes as true any information which he knows, or has reason to believe to be false or does not believe to be true, or
(c) refuses to allow his finger and palm impressions, foot-prints and photograph to be taken by any person acting under an order passed under section 6, or.
(d) fails to comply with the provisions of sub-section
(1), or with an order of the District Collector under subsection (2) of section 7 or with an order of the Government under section 11, may be arrested without warrant and shall be punishable-
(i) on 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 Power to subject voluntary residents in corrective settlements to restrictions and penalties.
Penalty for failure to comply with certain provisions of the Act.
[Act No.4 of 1962] 11
(ii) 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:
Provided that if the court after taking into consideration the offender’s age and physical and mental condition and his suitability for receiving training of a corrective character in corrective settlement is satisfied that it is expedient with a view to his reformation and prevention of crime that he should receive training of a corrective character for a substantial term, the court may, in lieu of sentencing the offender to any punishment under this section, direct, after giving him an opportunity of showing cause, that he shall receive corrective training in a corrective settlement for such term not exceeding three years as it may determine.
18. If any habitual offender-
(a) is found outside the area to which his movements have been restricted, in contravention of the conditions under which he is permitted to leave such area, or
(b) escapes from any corrective settlement in which he is placed, he may be arrested without warrant by a police officer, village headman or village watchman. If the offender is arrested, he shall be informed, as soon as may be of the grounds for such arrest and shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate; and the offender shall not be detained beyond the said period without the authority of a magistrate. The magistrate may on production of the offender and on proof of the facts order him to be removed to such area or to such corrective Arrest of habitual offenders found outside the restriction area or corrective settlement.
12 [Act No. 4 of 1962] settlement to be dealt with in accordance with this Act and the rules made thereunder.
CHAPTER V MISCELLANEOUS.
19. No court shall question the validity of any direction or order issued under this Act.
20. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.
21. The Government may, by notification in the 8Telangana Gazette, direct that any power exercisable by them under this Act except the power under section 22 may also be exercised subject to such condition, if any, as may be laid down in the notification, by such officer not below the rank of a District Collector as may be specified therein.