(1) Whoever, being a person against whom an order of restriction has been passed and such order is in force, contravenes any of the provisions of the order or the rules shall, over and above any action that may be taken against him under section 16, be punishable with confinement in settlement for 12 months or such larger term not exceeding three years as the Magistrate may fix.
(2) Notwithstanding anything contained in the Code, a Magistrate of the first class may pass a sentence of confinement in settlement under sub-section (1), for a term up to three years.
[Arrest of habitual offenders found beyond prescribed limits or settlement
16. Whoever being a person against whom an order of restriction. or an order of confinement in settlement under section 15 has been made- -----
(a) is found, beyond the limits of the settlement or area to which his movements have been restricted, without leave or pass, as may be prescribed, or in a place or at a time not permitted by the conditions of his pass, or 111 [The Uttar Pradesh Habitual Offenders' Restriction Act, 1952] [Section 17-20]
(b) escapes or departs, from a settlement, may be arrested without warrant by any police officer or any official of the settlement empowered in this behalf by a general or special order of the State Government, and may be taken before a Magistrate of the first class, who shall order him to be removed to such area or settlement, as the case may be, to be dealt with in accordance with this Act.]
1 Transfer of habitual offender
17. An habitual offender may with the previous sanction of the State Government be transferred from one settlement to another by the District Magistrate.
Procedure 18. The provisions of Chapter XX of the Code shall apply, as far as may be, to the proceedings under sections 4, 6 and 12 of this Act as they apply to a summons case.
Jurisdiction of courts barred
19. No appeal shall lie from an order passed in any proceeding under- --
(a) section 6; or
(b) sub-section (1) or (2) of section 8; or
(c) sections 9, 10 and 12; or
(d) section 16 for the removal of the habitual offender to the area to which his movements have been restricted or to a settlement in which he has been ordered to be placed, and the same shall be final and shall not be questioned in any court.
Rules 20. (1) The State Government may, by notification in the official Gazette, and subject to the condition of previous publication, make rules for carrying into effect the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for,-
(i) form of the notice under section 4 ;
(ii) the areas to which the movements of any habitual offender may be restricted and the nature of the restrictions to be observed by such person;
(iii) the conditions of leave and the form and conditions of passes under which habitual offenders may be permitted to leave the area to which their movements have been restricted or the settlement in which they have been placed;
(iv) the grant of certificate of identity to habitual offenders, against whom an order of restriction has been made, and the circumstances in which they shall produce such certificates for inspection;
(v) the working, management, control and supervision of settlements ;
1. Substituted by section 3 of U.P. Act No. 42 of 1958.
112 [The Uttar Pradesh Habitual Offenders' Restriction Act, 1952] [Section 21]
(vi) the conditions and the manner of certifying privately managed settlements ;
(vii] the admission of habitual offenders to the settlement, their discharge there from and the procedure to be followed :
(viii] the conditions and the circumstances under which the members of family of the habitual offenders may be permitted to stay with him in the settlement ;
(ix) the discipline to which persons, endeavouring to escape from any settlement or otherwise offending against the rules for the time being in force, shall be subject,
(x) the summoning of assessors and payment of travelling and daily allowances to them;
(xi) maintenance of the register for keeping a record of the orders of restriction;
(xii) the manner of taking finger impressions ; and
(xiii) the matters which are to be and may be prescribed.
Saving 21. Nothing in this Act shall affect the powers of any competent authority under any other law for the time being in force, to make an order of restriction or detention and any order of restriction or of settlement passed under this Act, in so far as it may be inconsistent with any order made by a competent authority under such other law shall be deemed to be inoperative while the order under the other law remains in force.
SCHEDULE [SEE CLAUSE (c) OF SUB-SECTION (1) OF SECTION 2] Sections Offences under the Indian Penal Code 231 Counterfeiting coin.
232 Counterfeiting Indian coin.
233 Making, buying or selling instrument for counterfeiting coin.
234 Making, buying 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 knowledge that it is counterfeit.
240 Delivery of Indian coin possessed with the knowledge that it is counterfeit.
242 Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof.
113 [The Uttar Pradesh Habitual Offenders' Restriction Act, 1952] [Schedule] 243 Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof.
302 Murder.
304 Culpable homicide not amounting to murder.
307 Attempt to murder.
308 Attempt to commit culpable homicide.
311 Being a thug.
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 means of poison, etc. with intent, to commit an offence.
329 Voluntarily causing grievous hurt to extort property or to constrain to an illegal Act.
333 Voluntarily causing grievous hurt to deter public servant from his duty.
363 Punishment for kidnapping, 361 Kidnapping or abducting in order to murder.
365 Kidnapping or abducting with intent secretly and wrongfully to confine a person, 369 Kidnapping or abducting a child under ten years with intent to steal from its person.
376 Rape.
377 Unnatural offences.
380 Theft in dwelling house, etc.
382 Theft after preparation made for causing death, hurt or restrain in order to the committing of the theft.
384 Extortion.
385 Putting person in fear of injury in order to commit extortion.
386 Extortion by putting a person in fear of death or grievous hurt in order to commit extortion.
392 Robbery.
393 Attempt to commit robbery.
394 Voluntarily causing hurt in committing robbery.
395 Dacoity.
396 Docoity with murder.
114 [The Uttar Pradesh Habitual Offenders' Restriction Act, 1952] [Schedule] 397 Robbery or dacoity, with attempt to cause death or grievous hurt.
398 Attempt to commit robbery or dacoity when armed with deadly weapons.
399. Making preparation to commit dacoity 400 Belonging to gang of dacoits.
402 Assembling for purpose of committing dacoity.
411 Dishonestly receiving stolen property.
412 Dishonestly receiving property stolen in the commission of a dacoity.
436 Mischief by fire or explosive substance with intent to destroy house, etc.
457 Lurking house-trespass or house-breaking by night in order to the commission of an offence punishable with imprisonment.
458 Lurking house-trespass or house-breaking by night after preparation for hurt, assault or wrongful restraint.
459 Grievous hurt caused whilst committing lurking house-trespass or house breaking, 460 All persons jointly concerned in lurking house trespass or housebreaking by night punishable where death or grievous hurt caused by one of them.
489-A Counterfeiting currency notes or bank notes.