These Rules may be called the Punjab Habitual Offenders
(Control and Reform) Rules, 1957 and shall come into force at once. (1)
In these Rules unless there is anything
repugnant in the subject or context :- (i)
"Act" means the Punjab Habitual
Offenders (Control and Reform) Act (XII of 1952), as amended from time to time; (ii)
"section" means a section of the
Act; (iii) "Form" means a form appended to these Rules; (iv)
"District Magistrate" means the
District Magistrate of the District; (v)
"Superintendent of Police" means
the Superintendent of Police of the District. (2)
The words defined in section 2 of the Act
shall have the same meaning when used in the Rules. Words and expressions used
but not defined shall have the meaning assigned to them in the Code.[-][1] Registration The register prescribed in Section 3 shall be in Form No.
1., The Habitual Offenders who are registered in a district shall be assigned
serial number with the name of the district in abbreviation (similar to those
used for the registration of motor vehicles) to denote the district of
registration. In the case of a registered Habitual Offender, in respect of whom
the District Magistrate has issued a direction under sub-section (1) of section
10 of the Act, changing his place of residence to a district other than that in
which he has been registered, or when the restriction area or the place of
residence under section 11 is changed to a district other than the one in which
the offender is registered he shall be allotted a new serial number but a
reference shall also be made in the new register about his previous serial
number. [For example if he was previous Habitual Offender of Ambala and was
allotted there a serial number as AMB/20 and a serial number KNL/50, on his
permanent transfer to Karnal, his number in Karnal District shall be shown as
AMB20/KNL-501[2] The notice issued by the District Magistrate under
section 5 of the Act shall be in Form 2. Besides the general notice in Form 2,
the District Magistrate may also serve a special notice on such persons who are
known to him to be "habitual offenders" (as defined in section 2(3)
of the Act). The special notice shall be in Form 3. The general notice should
be published in at least one Hindi [3][-]
newspaper printed and published in [4][Haryana]
and in circulation in the district. The special notice should be served in the
manner prescribed by rule 55. The notice under section 7(2) of the Act shall be in Form
3 and shall be served on the habitual offender in the manner prescribed by Rule
54. (1)
The finger- prints, photographs and
foot-prints of the Habitual Offender ordered to be registered under the Act
shall be prepared in Form No. 4 in triplicate. One copy of it will be sent to
the Police Station concerned, second to the [Finger Print Bureau, Madhuban][5] ,
and the third will be kept at the District Police Office alongwith the History
Sheet (Form No. 5) of the Habitual Offender concerned. (2)
A History Sheet of each Habitual Offender
shall be prepared in Form No. 5 in duplicate. One copy of the History Sheet
will be kept at the District Police Office and other at the Police Station
concerned. (3)
The Presiding Officer of a court trying a
person known to be a registered Habitual Offender under the Punjab Habitual
Offenders (Control and Reform) Act, 1952, for a criminal offence, shall
communicate the result of the proceeding to the District Magistrate of the
District in which the Offender is known to be registered. (4)
It shall be the duty of the Station House
Officer arresting a registered offender or suspecting a registered offender of
a criminal offence, to immediately communicate the synopsis of the action taken
together with a brief summary of the facts of the case to the Superintendent of
Police of the District in which the offender is known to be registered. (5)
The information supplied to the District
Magistrate or the Superintendent of Police, as the case may be, in accordance
with the provisions of sub-rules (3) and (4) shall be caused to be recorded in
the register in Form No. 1 and in the History Sheet of the Offender maintained
in Form No. 5. (1)
Every registered Habitual Offender shall be
supplied with an 'Identification Roll' in Form No. 6 to which shall be attached
a copy of the rules and order to be obeyed by him. (2)
An acknowledgement for the receipt of the
'Identification Roll' duly attested by the
Delivering Officer shall be attached to the History Sheet of the Habitual
Offender maintained at the Police Station. (3)
Every registered Habitual Offender shall
present and produce his 'Identification Roll' for examination/inspection when
required by any Police Officer or Magistrate or any other person authorised in
this behalf. (4)
Every registered Habitual Offender shall
report immediately at the Police Station within the jurisdiction of which he is
residing, the loss or damage to his Identification Roll and the circumstances
in which it was lost or damaged. On receipt of such report from the registered
Habitual Offender, the Station House Officer shall prepare and issue a fresh
'Identification Roll' marked 'Duplicate' in form No. 6, obtain the
acknowledgement of the Habitual Offender and attach the same with the History
Sheet. (5)
Before issue of the duplicate 'Identification
Roll' the Station House Officer shall make such enquiries as are practicable
about the loss or damage of the 'Identification Roll' and forward the same with
the note ordering the issue of the duplicate copy to the District Police Office
for being placed with the History Sheet, maintained at that office. (6)
If a registered Habitual Offender is arrested
or convicted, the 'Identification Roll' shall be treated as his personal
property and dealt with as such. (1)
On the completion of the register prescribed
under Rule 3, the District Magistrate shall cause to be delivered to a person
authorised or appointed under section 20 of the Act, a copy of sections 20 and
21 of the Act, together with a list of the Habitual Offenders residing in his
village. (2)
Additions to or erasures made from the
register shall also be intimated to the person authorised or appointed under
section 20 of the Act. (3)
A person authorised or appointed under
section 20 of the Act shall preserve such list. (4)
The list shall be open to inspection by
officers concerned. (5)
It shall be the duty of the Station House
Officer to see that the list is maintained upto date. (1)
When an application is made to the
Commissioner of the Division under section 8 of the Act for the erasure of the
name from the register of Habitual Offenders the Commissioner shall give the
District Magistrate concerned, an opportunity to show cause against the
application. (2)
The order of the Commissioner accepting or
rejecting the application presented under section 8, shall be noted in the
Register in Form No. 1. Action under Section 10 If the Superintendent of Police considers that any
registered Habitual Offender should be placed under the restrictions
contemplated under section 10, he shall submit proposals to the District
Magistrate in Form No. 7. (1)
The enquiry under section 10 (1) of the Act
shall be held by a Magistrate not below the rank of the 1st Class in the
district deputed by the District Magistrate concerned in this behalf. (2)
The Magistrate thus deputed shall issue a
notice in Form 8 to the registered person requiring him to appear at a
specified place and at a specified time for the purpose of the enquiry. The
registered person will continue so to attend for the purpose of the enquiry
until otherwise directed by the Magistrate. (3)
The enquiry shall be made, as nearly as may
be practicable, in the manner prescribed for conflicting trials and recording
evidence in summons cases as laid down in the Code. [-][6]For
the purpose of the enquiry the Magistrate shall take all such evidence as may
be produced by the Superintendent of Police of the district concerned or his
representative duly authorised by him in this behalf, and all such evidence the
registered person may produce in his defence in this behalf. For the same
purpose the Magistrate may take, at any stage of the enquiry, any other
evidence he deems necessary : Provided that if the Magistrate is satisfied that the
registered person is wilfully avoiding service or wilfully neglects to attend
at the appointed place, [and time][7] for
the enquiry, the Magistrate may proceed to hear and determine the enquiry
ex-parte. (4)
After the Magistrate has recorded all such
evidence, he shall submit to the District Magistrate (as soon as may be) the
record of the enquiry, along with his report as to the necessity or otherwise
of the making of an order by the District Magistrate under [-][8] section
10(1). (5)
Before passing any order under section 10(1)
of the Act, the District Magistrate may, if not satisfied with the proceedings
or the report in connection with the enquiry, send back the records to the
Magistrate who conducted the enquiry in the first instance or to any other
Magistrate of the 1st Class for holding further enquiry in accordance with this
rule. The Magistrate shall, after doing the needful, submit the record and his
report in the manner laid down before for the orders of the District Magistrate
under section 10. (6)
(i) All evidence in the enquiry shall subject
to the provisions of sub- rule (3) be taken in the presence of the registered
person, or when his personal attendance is dispensed with, in the presence of
his pleader, and shall be recorded in the manner prescqed in the case of
summons cases, as laid down in Chapter XXV [of the Code.][9] (ii) The District Magistrate may before passing orders
under [section][10] 10(1), set aside the
ex-parte proceeding of the enquiry and the Magistrate's report thereon for good
cause shown on application made to him (the District Magistrate) within seven
days of the Magistrate's said report, and direct a fresh enquiry to be made in
the manner prescribed in this rule. (1)
If after going through the record of the
proceedings laid down in rule 11, the District Magistrate is satisfied that an
order under section 10 should be issued, he shall issue an order to this effect
in Form No. 9. (2)
The order in Form No. 9, shall also specify
the authority to whom the registered habitual offender will :- (a)
report himself at intervals fixed by the
District Magistrate under section 10(1)(a); and (b)
notify his place of residence and any change
or intended change of residence or any absence of intended absence from his
residence. (3)
A copy of the order issued under sub-rule (1)
shall be served on the habitual offender concerned through the Station House
Officer of the Police Station concerned. The acknowledgement of the habitual
offender shall be attached with his History Sheet (Form No. 5) maintained at
the Police Station. An intimation to this effect will be sent by the Station
House Officer to the District Police Office concerned where it will be attached
to the History Sheet of the habitual offender concerned. (1)
Every registered Habitual Offender in respect
of whom an order under section 10 has issued shall, if he intends to change his
residence permanently, attend in person before the Officer specified in Form
No. 9 and notify to him the place to which he intends to change his residence
and the probable date of such change. (2)
The period of notice of the intended change
shall be as follows, that is to say, if the new residence is:- Days (a)
within the same Police Station 3 (b)
outside the Police Station but in the same district 7 (c)
in another district in the same State 10 (3)
If for any reason such member subsequently
changes his intention to take up his residence at the place and on the date
specified in the notice, he shall at once inform the officer, specified in Form
No. 9. (4)
When a Habitual Offender, who intends to
change his residence presents himself to the officer who is authorised to
receive reports under Rule 12, in order to notify the intended change, the
officer shall fill up in quadruplicate departure report in Form No. 10 and
shall have it signed or thumb-marked by the said Habitual Offender. One copy shall be made over to the said Habitual Offender,
who shall personally present it for endorsement to the Station House Officer of
the Police Station within the limits of which Police Station he intends to
reside. The second copy with a copy of Register in Form No. 1 of the Habitual
Offender concerned, shall be sent in by post to the Station House Officer of
the Police Station concerned, who shall after noting on it the date on which
the person to whom it relates reports his presence, return it to the officer,
who issued the form, the third copy shall be sent to the Superintendent of
Police of the original district for necessary action. If the Habitual Offender
changes his residence to another district, the Superintendent of Police shall
inform the district authorities of the district concerned. The fourth copy
shall be retained by the issuing authority as recorded for reference. Should
the Habitual Offender change the date of his departure, he shall appear before
the officer specified in Form No. 9 an get necessary alteration made in Form
No. 10. (5)
Every registered Habitual Offender in respect
of whom an order under Section 10 of the Act has been passed who changes his
residence shall within 48 hours unless, prevented by unavoidable circumstances
on arrival at his new place of residence, report himself to the Station House
Officer of the Police Station, within the limits of which he has arrived. (6)
If a registered Habitual Offender in respect
of whom an order under section 10 of the Act has been passed changes his place
of residence to another district, the Superintendent of Police of that District
on receipt of an intimation from the Superintendent of Police of the district
to whom the Habitual Offender originally belonged, shall submit the papers to
the District Magistrate for nominating the officer to whom, and fixing the
intervals at which, the habitual offender concerned should report himself. The District Magistrate, if he considers that the
registration of Habitual Offender under section 3, or his restriction under
section 10, is no longer necessary, he may cancel the same. Restriction under Section 11 If the Superintendent of Police considers that movements
of a registered Habitual Offender should be restricted under section 11, he
shall submit proposals to the District Magistrate in Form No. 11. (1)
The enquiry under section 11(2) of the Act
shall be held by a Magistrate not below the rank of the 1st Class deputed by
the District Magistrate concerned in this behalf. (2)
The Magistrate thus deputed shall issue a
notice in Form No. 12 to the registered person requiring him to appear at a
specified place and at a specified time for the purpose of enquiry. The
registered person will continue so to attend for the purpose of the enquiry
until otherwise directed by the Magistrate. (3)
The enquiry shall be made, as nearly as may
be practicable, in the manner prescribed for conducting trials and recording
evidence in summons cases as laid down in the
Code. [-][11] For the purposes of the
enquiry, the Magistrate shall take all such evidence as may be produced by the
Superintendent of Police concerned or his representative duly authorised by him
in this behalf, and all such evidence the registered person may produce in his
defence in this behalf. The Magistrate may also take, at any stage of the
enquiry, any evidence he deems necessary or relevant for the purpose of
satisfying himself as to the necessity for action under Section 11 against the
said registered person, having due regard also to the provisions of section
11(2) of the Act:- Provided that if the Magistrate is satisfied that the
registered person is wilfully avoiding service or wilfully neglects to attend
at the appointed place or at the appointed time for the enquiry, the Magistrate
may proceed to hear and determine the enquiry ex-parte. (4)
After completing the enquiry, the Magistrate
shall (as soon as may be) submit to the District Magistrate detailed report,
along with the record of the enquiry, concerning the matters mentioned in section
11(2) of the Act and advising the necessity or otherwise of action under
section 11(1) of the Act. (5)
Before sending the report and enquiry held by
the Magistrate along with his comments under sub-rule (6) below, the District
Magistrate may, if he finds the proceeding of the enquiry or the report of the
Magistrate defective or unsatisfactory, send back the records to the same
Magistrate or to any other Magistrate competent for holding a further enquiry
in accordance with this rule, The Magistrate shall, after doing the needful,
submit the record and his report in the manner laid hereinbefore. (6)
The District Magistrate shall forward to the
Government the record of enquiry and the Magistrate's report, along with his
own comments as to the necessity of action under the said section 11, having
due regard also to the provisions of sub-section (2) of the said section 11. (7)
Before taking any action under section 11(1)
of the Act, the Government may, if not satisfied with any of the said reports
or the proceedings of the said enquiry, send back the records of the enquiry to
the District Magistrate for a further or fresh enquiry in accordance with its
directions. (8)
(i) All the evidence in the enquiry shall
subject to the provisions of sub-rule (3) be taken in the presence of the
registered person, or when his personal attendance is dispensed with, in the
presence of his [Counsel][12] and
shall be recorded in the manner in the case of summons cases, as laid down in
Chapter XXV of [the Code][13] (ii) The District Magistrate may before making his report
to Government under sub-rule (6) set aside the ex-parte proceedings of enquiry
by the. Magistrate and his report thereon for good cause shown on application
made to him (the District Magistrate) within seven days of the Magistrate's
said report, and direct a fresh enquiry to be made in the manner prescribed in
this rule. No registered Habitual Offender, whose movements have
been restricted under section 11, shall leave or be absent from the limits of
the area to which his movements have been restricted without having obtained a
pass in the manner hereafter prescribed. Proviso. - Nothing contained in the Rule shall be deemed
to render it illegal for a Habitual Offender restricted under section 11, to
quit such limits or the place of residence in which he has been restricted,
whenever necessary for the purpose of appearing at the Police Station, within
the jurisdiction of which he resides or before the nearest Magistrate to
complain of an offence affecting him or his family or to obtain a Pass under
these rules, provided that such member shall give notice of his intended
departure to person authorised or appointed under section 20 of the Act and
shall proceed straight to the Police Station or to the office of the
Magistrate. (1)
Every person authorised or appointed under
section 20 of the Act in whose village restricted Habitual Offenders reside,
will be furnished by the Officer incharge of the Police Station with an
attendance register in Form No. 13 after entering therein the names of the
restricted Habitual Offenders. (2)
The person authorised or appointed under
section 20 of the Act shall both in the morning and evening mark the presence
of every restricted Habitual Offender as provided hereinafter at prescribed
intervals and shall report forthwith to the Officer Incharge of the Police
Station, the names of the Habitual Offenders who fail to attend the roll call
or depart from the village without permission. (3)
The nature of restrictions to which each such
member shall be liable and any additions or alterations to be made in the roll
call register shall be communicated to the person authorised or appointed under
section 20 of the Act from time to time by the officer-in-charge of the Police
Station. (4)
The presence of the restricted Habitual
Offenders should be marked in the roll call register by the following signs :- (a)
Presence 1 (b)
Absence X (5)
Any Police Officer not below the rank of an
Assistant Sub-Inspector may at any time hold a surprise roll call of the
restricted habitual offender residing in any village, in order to satisfy
himself about the presence of such habitual offender. Every registered Habitual Offender in respect of whom a
notification has been issued under section 11 or 12, shall report himself every
day at such time and place and in such manner as the person authorised or
appointed in the village under section 20 of the Act, may direct. A person authorised or appointed under section 20 of the
Act in a village, within the limits of which Habitual Offenders in respect of
whom a notification under section 11 or 12 has been issued reside, or
officer-in-charge of a Settlement in which such offenders reside may grant to
any such Habitual Offender a Pass in Form No. 14 authorising to leave the area
to which his movements have been restricted or the Settlement in which he is
placed for one day between the hours of sunrise and sunset. (1)
The Officer-in- charge of a Police Station,
not below the rank of an Assistant Sub-Inspector of Police within the limits of
which a Habitual Offender in respect of whom notification under section 11 or
12 has been issued resides may on due cause being shown and subject to the
previous verification of the necessity, if possible, grant such Habitual
Offender leave of absence for a period not exceeding 15 days and issue him a
Pass in Form No. 15. (2)
Leave to the Habitual Offenders residing in
Settlements, for a period not exceeding 15 days, may on due cause being shown
and subject to the previous verification of the necessity, be granted by the
Officer-in-charge. If a Habitual Offender whose movements have been
restricted under section 11 or 12 requires leave for a period longer than 15
days, he should apply through the officer-in-charge of the Police Station,
village or Settlement within the limits of which he resides, to the
Superintendent of Police or the Special Officer, who may grant such leave of
absence, as may appear to him reasonable, after necessary verification of the
necessity and may issue a pass in Form No. 15 : Provided that the Superintendent of the Settlement may in
special cases grant leave up to 30 days to a habitual offender restricted in
the Settlement, prior to verification and in anticipation of the sanction of
the Special Officer which shall be obtained as soon as possible after the grant
of leave. (i)
A Habitual Offender, who obtains leave of
absence under rule 21 or 22 shall travel to his destination and return to his
residence by the route specified in the pass. He shall have the time and date
of his arrival endorsed on the pass by the person authorised or appointed under
section 20 of the Act in the village of destination and on his arrival he shall
report himself at the Police Station, within the jurisdiction of which his
destination is situated and present his pass for endorsement within 48 hours
unless prevented by unavoidable circumstances. (ii)
But a Habitual Offender taking leave for the
purpose of visiting a Settlement established under section 14, shall, however,
have the time and date of arrival and departure endorsed on his Pass by the
Officer-in-charge of the Settlement. During the time such Habitual Offender is on leave and
when he is not in a Settlement, established under section 14, he shall report
himself every morning and evening to the person authorised or appointed under
section 20 of the Act in the village in which he happens to be and he shall
also report himself at the Police Station and produce his Pass for endorsement
at least once in 15 days. Before returning to his residence such Habitual Offender
shall have the time and date of departure endorsed on the pass by the person
authorised or appointed under section 20 of the Act in the village and on his
return to his residence, he shall deliver the pass to the officer-in- charge of
the Police Station or Settlement from or through whom he had received it. Such
pass if originally issued by the Superintendent of Police shall be forwarded to
him by the Officer-in-charge of the Police Station. Passes issued under Rules 21 and 22 shall be drawn up in
triplicate and each part shall be signed and sealed by the Officer granting the
leave. One part shall be retained by such officer, the second shall be given to
the Habitual Offender granted leave and the third part shall be sent to the
Officer-in-charge of the Police Station, within limits of which the Habitual
Offender proposes to spend the leave. If any Habitual Offender who has been granted a Pass
under Rules 20, 21 and 22 for any genuine reason such as illness, is unable to
return to his residence within the period of his leave he shall, unless he is
precluded from doing so by illness or for any sufficient cause when the
requisite information may be sent through the Watchman of the village in which
he is staying at the time, immediately go to the nearest Police Station to
intimate this fact. The Officer-in-charge of that Police Station shall verify
the reason of his absence and send a report to the Officer who issued the Pass. Any leave pass granted under Rules 20, 21 and 22 may, at
any time, be withdrawn by the authority granting it or by the Superintendent of
Police or Special Officer, if any, and the leave granted shall stand cancelled. Transfer under Section 12 (i)
If on receipt of an application from a
Habitual Offender in respect of whom a notification has been issued under
section 11 or 12, the Superintendent of Police considers that his movements
should be restricted to another area within the district, he shall request the
Officer authorised by Government in this behalf under section 12, through the
District Magistrate, in Form No. 16 to issue an order 'restricting the movement
of such Habitual Offender to another area. (ii)
On receipt of such report from the
Superintendent of Police through the District Magistrate, the Officer
authorised under section 12 may, after taking into consideration the facts
referred to in section 11(2), issue an order restricting the movements of
Habitual Offender to such new area. (i)
If on receipt of application from a Habitual
Offender in respect of whom a notification under section 11 or 12 has issued,
the Superintendent of Police considers that his transfer to another district is
desirable, he shall request the Government through the District Magistrate in
Form No. 16 to order the transfer. (ii)
Government after consulting the District
authorities of the District to which it is proposed to tipster the Habitual
Offender, shall issue the necessary notification in the [Haryana][14] Gazette. Cancellation of Notification under Section 11 The District Magistrate may, if he considers that the
restrictions imposed on a Habitual Offender under section 11 or 12, are no longer
necessary, request the Government to cancel such restrictions. Every cancellation shall be published in the [Haryana][15] Gazette. Inspection of Residences Any Magistrate or any Police Officer not below the rank
of an Assistant Sub-Inspector, may, at any time check-up the premises of a
Habitual Offender restricted under section 11 and inspect his residence. Settlements The general control of all Settlements established under
section 14, shall vest in a Special Officer, to be appointed by the State
Government for the administration of such Settlements. (1)
Every Settlement established under section
14, shall be under the supervision of an Officer-in-charge, appointed by the
Government who will be designated as Superintendent. (2)
Such Officer-in-charge shall be responsible
for the enforcement of the rules and the general welfare of the inmates of the
Settlement, committed to his care. (3)
Custodial, clerical, supervisory, menial and
other staff necessary for the maintenance of the Settlement shall be appointed
by the Special Officer with the sanction of the Government. (1)
Separate sections shall be provided in every
Settlement for the following types of settlers :- (i)
Single male settlers. (ii)
Single females. (iii) Settlers belonging to same families. (2)
Settlers of one type shall not be allowed to
visit another type or section of Settlement. (1)
The Superintendent of Police shall report to
the District Magistrate the case of registered offenders who in his opinion
should be placed in a Settlement or School established under section 14,
together with grounds for such action. (2)
On receipt of a report from the
Superintendent of Police or suo moto, the District Magistrate or a Magistrate
of the 1st Class shall hold an enquiry under Section 14(1) in the manner
hereinafter appearing. (3)
The Magistrate shall issue a notice in Form
No. 12 to the registered person requiring him to appear at a specified place
and at a specified time for the purpose of the enquiry. The registered person
will continue so to attend for the purpose of the enquiry until otherwise
directed by the Magistrate. (4)
The enquiry shall be made, as nearly as may
be practicable, in the manner prescribed for conducting trials and recording
evidence in summons cases as laid down in the Code [-][16] For
the purpose of the enquiry the Magistrate shall take all such evidence as may
be produced by the Superintendent of Police concerned or his representative,
duly authorised by him in this behalf, and all such evidence the registered
person may produce in his defence in this behalf. The Magistrate may also take
at any stage of the enquiry, any evidence he deems necessary or relevant for
the purpose of satisfying himself as to the necessity for action against the
registered person under section 14 of the Act : Provided that if the Magistrate is satisfied that the
registered person is wilfully avoiding service or wilfully neglects to attend
at the appointed place or at the appointed time for the enquiry, the Magistrate
may proceed to hear and determine the enquiry ex-parte. (5)
After completing the enquiry the Magistrate
shall (as soon as may be) submit to the District Magistrate a detailed report,
along with the record of enquiry and advising the necessity or otherwise of
action under section 14 of the Act. (6)
Before sending the report. the enquiry held
by the Magistrate along with his comments under sub-rule (7) below, the
District Magistrate may, if he finds the proceedings of the enquiry or the
report of the Magistrate defective or unsatisfactory, send back the records to
the Magistrate for holding a further enquiry in accordance with his direction.
The Magistrate shall, after doing the needful, submit the record and his report
in the manner laid down hereinbefore. (7)
The District Magistrate shall forward to the
Government the record of enquiry and the Magistrate's report, along with his
own comments as to necessity for action under the said section 14. (8)
Before taking any action under section 14(1)
of the Act, the Government may, if not satisfied with any of the said reports
or the proceedings of the said enquiry, send back the records of the enquiry to
the District Magistrate for a further or fresh enquiry in accordance with its
directions. (9)
(i) All the evidence in the enquiry shall
subject to the provisions of sub-rule (4) be taken in the presence of the
registered person; or when his personal attendance is dispensed with, in the
presence of his pleader and shall be recorded in the manner pre scribed in the
case of summons cases, as laid down in Chapter XXV [of the Code.]9 (ii) The District Magistrate may, before making his
report to Government under sub-rule (7) set aside the ex-parte proceedings of
enquiry by the Magistrate and his report thereon for good cause shown on
application made to him (the District Magistrate) within seven days of the
Magistrate's said report, and direct a fresh enquiry to be made in the manner
prescribed in this rule. (10)
When a registered person is ordered by
Government to be committed to a Settlement or School established under section
14, he shall be sent to such Settlement or School in police custody. (1)
On the expiry of the period of detention
given in the order under section 14, the Habitual Offender shall be finally
discharged from the Settlement. (2)
If during his stay in the Settlement, the
habitual offender is convicted of any offence, he shall be committed to the
Settlement on the expiry of sentence awarded to him on this conviction, to
undergo the residue of the period of his detention fixed under section 14. Rule - 38. Special
Officer may arrange transfer from one Settlement to another.-- The transfer of settlers from one settlement to another
may be made by the Special Officer for administrative reasons or for any other
reasons. . The Superintendent or any member of the staff of the
Settlement authorised in this behalf by the Special Officer may search any
settler on admission and subsequently whenever necessary and inspect his
personal effects and his residence. Any prohibited articles, such as liquor,
opium , ganja and also articles which are used as weapons of offence or any
property suspected to be stolen, found with the settler shall be confiscated to
Government. An inquiry shall be held by the Superintendent who shall record the
statement of the person from whom the article was seized. The Special Officer in consultation with the
Superintendent of the Settlement may admit in the Settlement, father, mother,
wife, brother, sister, son and daughter of the Habitual Offender : provided
that accommodation is available. Such voluntary residents will be subject to
the discipline of the Settlement and liable to be evicted at any time under the
order of the Superintendent. (1)
Every Habitual Offender residing in a
Settlement shall, unless he is by old age, physical infirmity or illness unfit
for manual labour, be employed on some kind of labour or industry to be
determined for each Settlement with the approval of the Government. (2)
The working hours shall not exceed the limit
fixed under the Factories Act. (3)
Habitual Offenders may be employed on
suitable works outside the Settlement with the approval of the Special Officer. (1)
It shall be the duty of the Superintendent of
Settlement to satisfy himself personally that every Habitual Offender residing
in a Settlement under his charge is provided with sufficient means of
livelihood and he shall report to the Special Officer any difficulty
encountered in this connection. (2)
In an Industrial Settlement every settler
shall be paid during the period of his apprenticeship of 200 days from the date
of his admission subsidy amount sufficient for his maintenance or diet
according to scale, and taught some trade provided in the Settlement. (3)
The Special Officer may in respect of any
settler increase the apprenticeship period up to 250 days. (4)
On the expiry of the apprenticeship period,
the settler shall be given work as far as possible on the contract system of
payment by piece work, the worker being paid at least 3/4th part of the
estimated value of the work done by him. (5)
Notwithstanding anything contained in this
rule, the Superintendent may, either during the apprenticeship period or
thereafter, employ any settler on any remunerative job with which the settler
is familiar such as mill work or work under private contractors. In all Settlements, the inmates will be paid wages,
according to the scale fixed by Government from time to time, if employed in
the factory attached to the Settlement, unless employed on contract system,
approved by Government. If the Habitual Offender is employed outside, he shall
get wages according to the skill, subject to the approval of the
Superintendent. Every settler shall be provided at Government cost a set of
clothing and bedding once only on admission according to the following scale.
At the discretion of the Special Officer a settler may be supplied clothing and
bedding second time if the settler is unable to purchase them on account of his
physical or mental disability :- Scale of clothing and bedding Bedding : Winter One duree, one blanket, one chaddar, one quilt and
one pillow with cover. Summer - One duree, one blanket, two chaddars, one pillow
with cover. Clothing : Winter - One woollen jersey, two kurtas, two pyjamas,
turban (for Sikhs), two caps, one
jangia (Kachhas for Sikhs only) and one towel. Summer - Two kurtas, two pyjamas, two jangias (Kachhas
for Sikhs), two topies (pagris for
Sikhs) and one towel. (1)
When a Habitual Offender earns in a
Settlement more money than is necessary for his subsistence, the Superintendent
of the Settlement may deposit the surplus from time to time in a savings bank
account opened in the name
of such Habitual Offender who may not withdraw any of the money so deposited,
except with the permission of the Superintendent. (2)
When an account of this nature is opened, the
pass book shall be made over to the depositor who shall produce it whenever
called upon by the Superintendent of the Settlement for inspection or for the
purpose of making further deposits. No Habitual Offender residing in an Agricultural
Settlement, established under section 14, may keep more cattle per plough than
maximum limit, which may from time to time be prescribed by the Special
Officer. No Habitual Offender residing in an Agricultural
Settlement, established under section 14, shall build any shed or structure in
his premises except that provided by the Government for his residence and the
Special Officer may order such shed or structure to be pulled down and recover
the cost of doing so from the Habitual Offender concerned. In all Settlements established under section 14, roll
call of all Habitual Offenders settled therein shall be taken both in the
morning and evening by the Superintendent of the Settlement, who shall
immediately report any unauthorised absence to the Officer Incharge of the
Police Station within the limits of which the Settlement lies. Every Habitual Offender residing in a Settlement
established under section 14, shall obey all lawful orders given by the
Superintendent of a Settlement. Without prejudice to the generality of the provisions of
Rule 49, the following acts committed by any Habitual Offender, residing in a
Settlement, shall be deemed to constitute a breach of discipline on the part of
the person who commits it - (1)
Any assault on or use of criminal force
against another Habitual Offender or any official of the Settlement. (2)
The use of insulting or threatening language
towards any official of the Settlement. (3)
Immoral or indecent or disorderly behaviour. (4)
Wilful damage to Settlement property. (5)
Doing any act or using any language
calculated to wound or offend the feelings and religious sentiments of any
other Habitual Offender. (6)
Committing a nuisance in any part of
Settlement. (7)
Gambling. (8)
Omitting or refusing to keep his person, clothing,
quarter and the ground immediately adjoining it or before it clean. (9)
Refusing to get his person or the residential
quarter searched when ordered by the Settlement Officials. (10)
Refusal to perform any suitable work provided
for him or engaging himself in any work prohibited by the Superintendent. (11)
Possession of liquor or other intoxicants
without proper permission of the Superintendent. (12)
Resistance or refusal to obey any lawful
order issued by the Superintendent or refusal to give a true account of his
movements. (13)
Without a permit from the Superintendent,
mortgaging or selling movable or immovable property exceeding Rs. 5 in value. (14)
Having in his possession any article which
has been forbidden by the Superintendent as capable of use as a weapon of offence. (15)
Failing to assist in the maintenance of
discipline or to give assistance to an officer of the Settlement when called
upon to do so in the interest of institution. (16)
Doing or omitting to do any act with intent
to cause to himself any illness, injury or disability. (17)
Leaving without permission the working party
to which he is assigned or the part of the premises in which he may be required
to be present at any particular time. (18)
Endeavoring to escape from the Settlement
limits within which he is legally required to stay. (19)
Abetting the commission of any of the acts
mentioned above. (1)
Disobedience of lawful orders under Rule 49
and acts constituting breach of discipline under Rule 50 may at the discretion
of the Superintendent of a Settlement, be also dealt with in any of the
following ways :- (i)
Formal warning to be entered in a punishment
register (Form No. 17). (ii)
Fine not exceeding one day's wages. (iii) Reduction of wages to half for a period not exceeding one
week. (iv)
Stoppage of leave during a period not
exceeding one year. (v)
Additional or more arduous work at the
discretion of the Superintendent. (vi)
Prosecution under section 18 of the Act. (vii) Punishments awarded under this Rule shall be recorded in
the register in Form No. 17. (2)
The children of the habitual offenders who
are in Settlements may be punished for misbehavior in accordance with the usual
methods of school discipline. The Superintendent may at his discretion reward the
habitual offenders for good conduct. Such reward shall include :- (i)
exemption from roll call, (ii)
a liberal grant of passes, (iii) promotion to position of responsibility. (iv)
[-][17] In every Settlement established under section 14, the
following registers shall be maintained - (1)
Register in Form No. 1. (2)
Roll Call Register in Form No. 13. (3)
Punishment Register in Form No. 17. (4)
Visitors' Books for remarks by the Inspecting
Officers in Form No. 18. (2)
Leave Account Register in Form No. 19. (3)
.Earning Register in Form No. 20. (4)
Register of births in Form No. 21. (5)
Register of deaths in Form No. 22. (6)
Register of absconders in Form No-. 23. Miscellaneous (1)
The accounts of the factories attached to
Settlements,. established under section 14, if any, shall be maintained
according to the Rules applicable to the Government Industrial School in the
Punjab, as amended from time to time. (1)
The notices under the Act and the foregoing
rules shall be served personally in the manner laid down under section 69 of
the Code and in case personal service of the notice is not possible ? (i)
by affixing a copy of the notice on some
conspicuous part of the house in which such person ordinarily resides and also
on some conspicuous place of such town or village where such person last
resided; (ii)
by sending a copy of the notice to the
headman of the village concerned who shall cause it to be proclaimed in the
village by beat of drum and where there is no headman, by sending a copy of the
notice to the Station House Officer concerned who shall cause it to be proclaimed
by beat of drum. (2)
If a person on whom the notice so served,
fails to show cause by appearing in person or through an authorised agent or by
filling a written statement, within the time specified in the notice, it2shall
be presumed that he has no representation to make against the proposed action.][18] Rule - 56.
Inspection of Settlements by the Special Officer. [Section 16(2)(m)].-- The Special Officer appointed by Government under rule
33, shall thoroughly inspect each Settlement at least once in every financial
year, and forward a copy of his Inspection Note to Government for necessary
action. (1)
The Superintendent shall submit to the
Government in March each year, in such form as the Special Officer may
prescribe, from time to time, a report on the Administration of the Settlement
during the preceding calendar year. (2)
The report shall be forwarded by the
Superintendent to the Special Officer. [1] The words "of Criminal Procedure, (Act V of
1898)" deleted by Haryana Government Notification No. GSR
9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977. [2] Substituted
for the words "For example, if he was previous Habitual Offender of Simla
and was allotted there a serial number as SML/20 and a serial number ASR/50, on
his permanent transfer to Amritsar, his number in Amritsar District shall be
shown as SML- 20/ASR-50" by Haryana Government Notification No. GSR
9/PA12/52/S. 16/Amd. (1)/77 dated 14.1.1977. [3] The
words "and one Gurmukhi" ommitted vide Haryana Government
Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977. [4] Substituted
for the word "Punjab" vide Haryana Government Notification No. GSR
9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977. [5] Substituted for the words "Finger Print Bureau,
Phillaur" vide Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77
dated 14.1.1977. [6] The
words "of Criminal Procedure, 1898, amended up to date and for the time
being in force" ommitted vide Haryana Government Notification No. GSR
9/PAI2/52/S.16/Amd.(1)/77 dated 14.1.1977. [7] Substituted
for the words "at the appointed time" vide Haryana Government
Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated '14.1.1977. [8] The
words "the said" deleted vide Haryana Government Notification No. GSR
9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977. [9] Substituted
for the words "of the said Code of Criminal Procedure" vide Haryana
Government Notification No. GSR 9/PA12/52/S.16/Amd.(1 )/77 dated 14.1.1977. [10] Substituted for the words "the said section"
vide Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated
14.1.1977. [11] The
words "of Criminal Procedure, 1898 amended up-to-date and for the time
being in force" deleted vide Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77
dated 14.1.1977. [12] Substituted
for the word "pleader" by Haryana Government Notification No. GSR
9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977. [13] Substituted for the words "of the said Code of
Criminal Procedure" vide Haryana Government Notification No. GSR
9/PA12/52/S.16/Amd.(1 )/77 dated 14.1.1977. [14] Substituted
for the word "Punjab" by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated
14.1.1977. [15] Substituted
for the word "Punjab" by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated
14.1.1977. [16] The
words "of Criminal Procedure, 1898, amended up to date and for the time
being in force" ommitted vide Haryana Government Notification No. GSR
9/PAI2/52/S.16/Amd.(1)/77 dated 14.1.1977. [17] Clause
(iv) deleted by Haryana Government Notification No. GSR
9/PA12/52/S.16/Amd.(1)177 dated 14.1.1977. [18] Substituted
by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated
14.1.1977. THE PUNJAB HABITUAL OFFENDERS (CONTROL
AND REFORM) RULES, 1957