[Cites 0, Cited by 0]

State of Haryana - Act

The Punjab Habitual Offenders (Control and Reform) Rules, 1957

HARYANA
India

The Punjab Habitual Offenders (Control and Reform) Rules, 1957

Rule THE-PUNJAB-HABITUAL-OFFENDERS-CONTROL-AND-REFORM-RULES-1957 of 1957

Published on 25 April 1957
Commenced on 25 April 1957
[This is the version of this document from 25 April 1957.]
[Note: The original publication document is not available and this content could not be verified.]

The Punjab Habitual Offenders (Control and Reform) Rules, 1957Published vide Punjab Government Notification No. 2322-JL/57/36114 dated 25th April, 1957.

1. Short title.

- These Rules may be called the Punjab Habitual Offenders (Control and Reform) Rules, 1957 and shall come into force at once.

2. Definitions.

- 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.

(b)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.[-] [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.]

Registration

3. Form of Register.

- 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 AMB-20/KNL-50.] [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.]

4. Notice under section 5.

- 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 [-] [The words 'and one Gurmukhi' ommitted vide Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.] newspaper printed and published in [Haryana] [Substituted for the word 'Punjab' vide Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.] and in circulation in the district. The special notice should be served in the manner prescribed by rule 55.

5. Notice under section 7(2).

- 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.

6. Preparation of the record of the Habitual Offender.

(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] [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.], 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.

7. Identification roll to be given to the Habitual Offender. [Section 16 (2)(f)].

(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.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.

(5)If a registered Habitual Offender is arrested or convicted, the 'Identification Roll' shall be treated as his personal property and dealt with as such.

8. Record to be supplied to the person authorised or appointed under section 20 of the Act. [Section 16(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.Additions to or erasures made from the register shall also be intimated to the person authorised or appointed under section 20 of the Act.A person authorised or appointed under section 20 of the Act shall preserve such list.The list shall be open to inspection by officers concerned.It shall be the duty of the Station House Officer to see that the list is maintained upto date.

9. Erasures from register when completed. [Section 16(1)].

(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

10. Submission of recommendation for action under section 10 of the Act. [Section 16(1)].

- 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.

11. Mode of enquiry under section 10.

(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 conducting trials and recording evidence in summons cases as laid down in the Code. [-] [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/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.] 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] [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.] 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 [-] [The words 'the said' deleted vide Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.] 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 prescribed in the case of summons cases, as laid down in Chapter XXV [of the Code.] [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.]

(ii)The District Magistrate may before passing orders under [section] [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.] 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.

12. Issue of orders under section 10.

(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.

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.

13. Report to be made by registered Habitual Offenders under section 10 of the change or intended change of residence. [Section 16(2) (d)].

(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 butin the same district	7
(c) in another district in the sameState	10

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.

(3)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 and get necessary alteration made in Form No. 10.

(4)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.

(5)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.

14. Cancellation of registration under section 3 or order under section 10. [Section 16(2)(b)].

- 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

15. Submission of recommendations with regard to restrict Habitual Offenders under section 11. [Section 16(2)(e)].

- 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.

16. Mode of enquiry under section 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. [-] [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.] 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] [Substituted for the word 'pleader' by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.] and shall be recorded in the manner prescribed in the case of summons cases, as laid down in Chapter XXV of [the Code.] [Substituted for the words 'of the said Code of Criminal Procedure' by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.]

(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.

17. Absence without leave of notified Habitual Offenders restricted under section 11. [Section 16(2)(g)].

- 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 a 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.

18. Maintenance of the roll call register. [Section 16(2)(i)].

(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-in-charge 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-in-charge 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.

19. Daily report. [Section 16(2)(i)].

- 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.

20. Leave for one day. [Section 16 (2)(g)].

- 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.

21. Leave exceeding one day. [Section 16 (2)(g)].

(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.

22. Leave exceeding 15 days. [Section 16(2)(g)].

- 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.

23. Conditions attached to leave obtained under rules 21 and 22. [Section 16(2)(h)].

- 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.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.

24. Reports to be made while on leave. [Section 16(2)(g)].

- 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.

25. Attestation and final disposal of pass granted under Rules 20, 21 and 22. [Section 16(2)(g)].

- 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.

26. Procedure for drawing up passes issued under rules 21 and 22. [Section 16(2)(g)].

- 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.

27. Procedure to be adopted by the Habitual Offender on leave who is unable to return to residence. [Section 16(2)(g)].

- 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.

28. Leave passes may be withdrawn. [Section 16(1)].

- 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

29. Transfer of Habitual Offenders within the district. [Section 16(1)].

- 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.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.

30. Transfer of Habitual Offender from one district to another. [Section 16(1)].

- 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.Government after consulting the District authorities of the District to which it is proposed to transfer the Habitual Offender, shall issue the necessary notification in the [Haryana] [Substituted for the word 'Punjab' by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.] Gazette.Cancellation of Notification under Section 11

31. Cancellation of order under section 11 or 12. [Section 16(1)].

- 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] [Substituted for the word 'Punjab' by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.] Gazette.Inspection of Residences

32. Inspection of residences. [Section 16(2)(k)].

- 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

33. General control of Settlements. [Section 16(2)(m)].

- 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.

34. Officer-in-charge of Settlement. [Section 16(2)(m)].

(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.

35. Segregation of single males, single females and families within the Settlement.

(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.

36. Commitment to 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 [-] [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.]. 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 prescribed in the case of summons cases, as laid down in Chapter XXV [of the Code.] [Substituted for the words 'of the said Code of Criminal Procedure' by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.]

(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.

37. Discharge from Settlement.

(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.

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.

39. Inspection of residences. [Section 16(2)(k)].

- 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.

40. Voluntary residents in Settlements. [Section 16(1)].

- 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.

41. Employment in Settlement compulsory. [Section 16(2)(m)].

(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.

42. Responsibility of Superintendent regarding employment.

(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.

43. Method of payment.

- 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.

44. Supply of bedding and clothing.

- 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 onepillow with cover.
Summer	—	One duree, one blanket, two chaddars, one pillow withcover.
Clothing :
Winter	—	One woollen jersey, two kurtas, two pyjamas, turban (forSikhs), two caps, one jangia (Kachhas for Sikhs only) and onetowel.
Summer	—	Two kurtas, two pyjamas, two jangias (Kachhas for Sikhs),two topies (pagris for Sikhs) and one towel.

45. Investment of savings.

- 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.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.

46. Number of cattle which may be kept in an Agricultural Settlement. [Section 16(2)(m)].

- 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.

47. Building sheds outside Settlements prohibited. [Section 16(2)(m)].

- 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.

48. Roll call in Settlement.

- 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-in-charge of the Police Station within the limits of which the Settlement lies.

49. Inmates of Settlements to obey orders and conform to rules. [Section 16(2)(o)].

- Every Habitual Offender residing in a Settlement established under section 14, shall obey all lawful orders given by the Superintendent of a Settlement.

50. Acts deemed to constitute a breach of discipline.

- 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)Endeavouring 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.

51. Punishment for breach of discipline in Settlement. [Section 16(2)(o)]

. - (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 :-

(1)Formal warning to be entered in a punishment register (Form No. 17).

(2)Fine not exceeding one day's wages.

(3)Reduction of wages to half for a period not exceeding one week.

(4)Stoppage of leave during a period not exceeding one year.

(5)Additional or more arduous work at the discretion of the Superintendent.

(6)Prosecution under section 18 of the Act.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 misbehaviour in accordance with the usual methods of school discipline.

52. Rewards for good conduct.

- 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)[-] [Clause (iv) deleted by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.]

53. Registers to be maintained in Settlements. [Section 16(1)].

- 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.

(5)Leave Account Register in Form No. 19.

(6)Earning Register in Form No. 20.

(7)Register of births in Form No. 21.

(8)Register of deaths in Form No. 22.

(9)Register of absconders in Form No. 23.Miscellaneous

54. Factory Accounts. [Section 16(1)].

(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.[55. Service of Notices. - (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, it shall be presumed that he has no representation to make against the proposed action.] [Substituted by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.]

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.

57. Annual Administration Report. [Section 16(c)].

(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.Form No. 1(Rule 3)Register of Habitual Offenders residing in District [-] [The words and figures 'prepared in accordance with sections 3, 4, 5 and 7 of Act XII of 1952,' omitted by Punjab Government notification No. 10997-5JL- S9/30704, dated 5-11-1952]Note. - On the permanent transfer of Habitual Offender the entries in this Register will also be transferred to the register of the New District.

No. and Date ofDistrict Magistrate's Order
Serial number with letters to denote district.	Name, [father's and grand father's name]*	Occupation	Residence at the time of registration and PoliceStation	Date of birth or approximate age, height and marksof identification	Convictions including the date, name of court,offence of which convicted and sentence. Entries afterregistration to be made in red ink.	Under section 5/7 Under section 10	No. and date of notifications under sections 11 and12 of the Act
1	2	3	4	5	6	7	8

* Substituted for the words "father's name and caste" by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.

Area to which movements are restricted or place in whichsettled	Signature of officer making entries under section 5 or undersection 7 or 8 with date	Subsequent orders with date regarding transfer, cancellationof registration, etc.	Left-hand thumb-impression of the person registered	Serial No. of Finger Print Slip and signature of recorder withdate	Past and present history of the person	Criminal activities with special reference to case in whichsuspected	Remarks
9	10	11	12	13	14	15	16

Form No. 2(Rule 4)Notice under section 5 of the Punjab Habitual Offenders (Control and Reform) Act, 1952Whereas Government has ordered the preparation of a register of habitual offenders within the district of______________, therefore, I_____________, in exercise of the powers conferred by section 5 of the Act, call upon all habitual offenders residing within the district of________________ to :

(1)appear before _________, at ___________ on _________or any subsequent date to which proceedings may be adjourned.

(2)furnish to____________ such information as may be necessary to enable him to complete the register under section 3 of the Act.

(3)show cause why his name be not entered in the register.Note - 1. The definition of 'habitual offender' as given in section 2(3) of the Punjab Habitual Offenders (Control and Reform) Act, 1952, is reproduced below :-"Habitual offender" means a person -

(a)who during any continuous period of five years whether before or after the commencement of this Act, has been convicted and sentenced to imprisonment more than twice on account of any one or more of the offences mentioned in the Schedule to this Act committed on different occasions and not constituting parts of the same transaction; and

(b)who has, as a result of such convictions, suffered imprisonments at least for a total period of twelve months.

Explanation 1. - A conviction which has been set aside in appeal or revision and any imprisonment suffered in connection therewith shall not be taken into account for the above purpose.Explanation 2. - In computing the period of five years, any period spent in jail either under a sentence of imprisonment or under detention shall not be taken into account.Note - 2. A habitual offender who fails to appear in compliance with this notice renders himself liable to punishment under the Act.Form No. 3[(Rules 4 and 5)] [Strike out the portion which is unnecessary.]Whereas it has been reported to me that you ___________, son of _____________, [grand son of] [Substituted for the word 'caste' by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.] _________, resident of __________, district ____________, are a habitual offender within the meaning of section 2(3) of the Punjab Habitual Offenders (Control and Reform) Act, 1952 in view of the convictions and sentences mentioned hereinafter :-

	---------	Offence	Court	Conviction	Sentence
1.2.3.4.5.

And whereas more than six months have not elapsed since the expiration of the sentence of imprisonment relating to your last conviction;Therefore, I,_________, in exercise of the powers conferred by section 5/7 of the said Act, hereby require you to -

(1)appear before _______at_______ on _____ or any subsequent date to which the proceedings may be adjourned;

(2)furnish to ______ such information as may be necessary to enable him to complete the register under section 3 of the Act; and

(3)show cause why your name be not entered in the register.Note. - This form can be used both for a special notice under section 5 and a notice under section 7 of the Act.Form No. 4(Rule 6)

1. Name, [father's and grand father's name] [Substituted for the words 'parentage, caste, etc.' vide Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.]

2. Notified Habitual Offender No.

3. F.P.B.S. No.

4. Finger prints

Right Hand

Right Thumb	Right Index	Right Middle	Right Ring	Right Little

Left Hand

Left Thumb	Left Index	Left Middle	Left Ring	Left Little

5. Photograph.

6. Foot Prints.

I certify that the above prints and the photograph were taken in my presence and that they are of the person named above.Signature of Recording Officer (Designation and date)Form No. 5(Rule 6)History Sheet ofName______________, alias________________, son of________________ alias ______________, [grand son of] [Substituted for the word 'caste' by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.] _______________, age _______ Occupation___________ resident of ________________, Police Station ______________ District____________________.

1. Habitual Offender No.

2. F.P.B.S. No.

3. Identification Marks and descriptive particulars.

4. Restrictions imposed, if any.

5. Property owned.

6. Relations.

7. Places likely to be visited.

8. Previous convictions.

9. Past and present history of the person.

10. Criminal activities with special reference to the cases in which suspected.

Signature of the official who prepared the History Sheet. (Designation and date)(Space for recording later entries)Form No. 6(Rule 7)No.DistrictName with aliases with father's name with aliases.AgeIdentification Marks.Left-hand Thumb-impression.PhotoRecord of restrictions, etc., imposed under the Punjab Habitual Offenders (Control and Reform) Act, 1952.Signature of issuing officer with date.Loss of Identification Roll to be noted here.Note :- The photograph shall be crossed with the signature of the issuing authority and shall also bear his seal if he has any.Form No. 7(Rule No. 10)FromThe Superintendent of Police _______________.ToThe District Magistrate _________________.No________________, dated _________________Subject. - Report for restriction under section 10(1) at (b) of the Punjab Habitual Offenders (Control and Reform) Act, 1952.Sir,I am forwarding herewith a copy of the entries in the register in form No. ____in respect of________, son of_______, of village _______, Police Station _______, District________, together with his History Sheet and a memoranda giving information on the marginally noted points.I have to request that he may be placed under the restriction under section 10(1)(a), 10(1)(b) of the Act.

1. Brief history of the Habitual Offender, both past and present.

2. Adequacy or otherwise of the ostensible means of livelihood.

3. Criminal activities.

4. Grounds in support of the proposed action.

Yours faithfully,Superintendent of Police.Form No. 8(Rule 10)Whereas it is proposed that_______, son of _______ [grand son of] [Substituted for the word 'caste' by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.] ________of village_______, Police Station _______ District______, registered under the Punjab Habitual Offenders (Control and Reform) Act, 1952, at serial No. _______ [should be subjected to the provisions of Section] [The nature of the restriction should be mentioned here invariably.] 10(1)(b) of the Act.Notice is, therefore, hereby given to the said _______ to appear in person before the undersigned at_______ (place)_______ on (date)_________ at (time)__________ for the purpose of the enquiry under the said Section. The said ________ will continue so to attend for the purpose of enquiry until otherwise directed.The said ________ is further informed that in case he wilfully avoids service of this notice or wilfully neglects to attend at the appointed place and at the appointed time for the enquiry, the enquiry will be heard and determined ex parte.Magistrate of the 1st Class.Form No. 9(Rule 12)In exercise of the powers conferred by sub-section ______________ of section 10 of the Punjab Habitual Offenders (Control and Reform) Act, 1952, after having been satisfied as to the necessity of making the order below after an enquiry held by _________ in the prescribed manner, I,_______ District Magistrate _____, hereby direct that the Habitual Offender described in the sub-joined scheduled shall :-

(a)[ report himself on ______________ to______________] [Strike out what is unnecessary.]

(b)[ notify his place of residence and any change or intended change of residence, and any absence or intended absence from his residence to ______________.] [Strike out what is unnecessary.]

Schedule

Serial No.	Name, [father's and grand father's name]*	Village	Police Station	District	Registered No. as Habitual Offender

* Substituted for the words "parentage and caste" vide Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.

Dated________________

District Magistrate.

Form No. 10(Rule 13)Issued to_________, son of_________, [grand son of] [Substituted for the word 'caste' by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.] __________, of _______ Police Station________, District_______, Register No._____________ restricted under section 10(1)(a) of the Punjab Habitual Offenders (Control and Reform) Act, (XII of 1952) who has notified his intention to change his residence to village______. Police Station_____. District _____ Notified date of departure.Thumb-impression or signature of the Habitual Offender.Signature of the Officer issuing the Departure Report.Dated_____________Form No. 11(Rule 15)FromThe Superintendent of Police_________________ToThe District Magistrate,_______________

No.______________

dated________________

Subject. - Report for restriction under section 11 of Punjab Habitual Offenders (Control and Reform) Act (XII of 1952).Sir,I have to request that _________. son of________, [grand son of] [Substituted for the word 'caste' by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.] ________, resident of_______, Police Station_______, District_________, whose particulars are given below may be restricted under section 11 of the Punjab Habitual Offenders (Control and Reform) Act, (XI) of 1952), after obtaining Government orders.ConvictionsReasons for restrictionYours faithfully, Superintendent of Police.Form No. 12(Rules 16 and 36)Whereas it is proposed that_____, son of______, [grand son of] [Substituted for the word 'caste' by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.] ______, of village______, Police Station_____, District________, registered under the Punjab Habitual Offenders (Control and Reform) Act, 1952, at serial No.____________ should be subjected to the provisions of [Section 11/Section 14 of the said Act.] [Strike out the portion which is unnecessary.]Notice is, therefore, hereby given to the said______ to appear in person before undersigned at (place)_______ on (date)___________ at (time)________ for the purpose of enquiry under the said section. The said_______ will continue so to attend for the purpose of the enquiry until otherwise directed.The said _____________ is further informed that in case he wilfully avoids service of the notice or wilfully neglects to attend at the appointed place and at the appointed time for the enquiry, the enquiry will be heard and determined ex-parte.Magistrate of the 1st Class.Form No. 13(Rule 18)Roll call register of _____________________ Month _______________19_

S.No.	Name [father's and grand father's name]*	1	2	3	4	5	6	7	8	9	10	11	12	13	14

* Substituted for the words "parentage & caste" by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.

15	16	17	18	19	20	21	22	23	24	25	26	27	28	29	30	31

Form No. 14(Rule 20)Day pass for Habitual Offenders restricted under section 11 of the Punjab Habitual Offenders (Control and Reform) Act, 1952(To be printed in duplicate)

Serial No.	Date	Place
Name	Father's Name	[Grand father's name]*	Residence	Leave Date/Day	Place to which the Habitual Offender will go

* Substituted for the word "Caste" by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.Signature of the Officer granting the passRule 20 is reproduced below :-["20. Leave for one day.] [[Section 16(2) (g)].] - 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 Settlement in which such Habitual Offenders reside may grant to any such Habitual Offender a Pass in Form No. 14 authorising him 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."Form No. 15(Rules 21 to 27)Pass of leave granted to Habitual Offenders restricted under section 11 of the Punjab Habitual Offenders (Control and Reform) Act, 1952, when the leave granted is in excess of 1 day(To be printed in triplicate)

Sr.No.	Date	Place
Name	Father's Name	[Grand father's name]*	Residence	Leave granted	Route prescribed	Destination	Purpose of the visit	Name, Father's name and full particulars of thepersons with whom the habitual offender will stay at thedestination

* Substituted for the word "Caste" by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.Signature of the Officer granting the pass.Endorsement while on leave

Date of departure on leave

Signature of Head man or Officer

Date of endorsement while on leave

Signature of Headman or Officer

Date of endorsement while on leave

Signature of headman or Officer

Date of return to residence

Signature of Headman or Officer

Date of Pass reaching Police Station

Signature of Officer-in-change

Rules 21 to 27 are reproduced on the back of the form.

21. Leave exceeding one day. [(Section 16(2)]. - (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 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.Form No. 16(Rules 29 and 30)Transfer proposal under section 12 of the Punjab Habitual Offenders (Control and Reform) Act, 1952

					Proposal of transfer	Remarks of
SerialNo.	Name [with father's and grand father's name]* ofperson to be recommended	Village and Police Station to which he isrestricted	No. and date of notification	Brief reasons for transfer	In the same District	In the other District	Superintendent of Police	District Magistrate

* Substituted for the words "with parentage and caste" by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.Form No. 17(Rules 51 and 53)Punishment Register of __________Settlement

Serial No

Name of Habitual Offender with [father's and grand father'sname]*

Reference to Serial No. of previous punishment awarded, ifany

Date and description of the offence

Punishment awarded by the Superintendent

Remarks

* Substituted for the words "Father's name and caste" by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.Form No. 18(Rule 53)

Date	Name and designation of the Inspecting Officer	Remarks

Form No. 19(Rule 53)Leave Account of _______________

No.	Name; parentage and caste	Leave already taken	Leave now sanctioned	Destination and route	Purpose of leave	Date of commencement	Date of return	No. of leave pass	Sanctioning authority
1	2	3	4	5	6	7	8	9	10

Form No. 20(Rule 53)Register showing Earnings of inmates of the _____________ Settlement

Name of family members detailing wife daughter,son, brother etc.

Earning of the month of

Serial No.

Name of head of the family with parentage

Name

Relation

[Grand father's name]*

Age

Half timers or full timers

Days

Amount

Days

Amount

Days

Amount

Rate for every worker & average earning perhead in each family

Rs.

* Substituted for the word "caste" by Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.Form No. 21(Rule 53)Birth Register

1. Serial No.

2. Date of Birth

3. Name of father of the child with No. and district letter and personal number

4. Sex of child

5. Name of child

6. Remarks

Form No. 22(Rule 53)Death Register

1. Serial No.

2. Date of occurrence

3. Name of the deceased with number and letter of district and personal number, if any

4. Name of father or husband with number and letter of district and personal number in case of unregistered persons

5. Sex

6. Age

7. Cause of death

8. Remarks

Form No. 23(Rule 53)Absconder Register

Number and district letter and personal number	Name	Date of absence	Date of return	Date on which arrested	Action taken against the absentee	Remarks
1	2	3	4	5	6	7

Legal Document View

Unlock Advanced Research with PRISMAI

State of Haryana - Act