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  "title": "RESTRICTION OF HABITUAL OFFENDERS (PUNJAB) ACT, 1918",
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  "text": "Restriction of Habitual Offenders (Punjab) \r\n1918: Act V \r\nCONTENTS \r\n1. Title and extent.  \r\n2.  Scope of order of restriction. \r\n3.  Order of restriction against habitual offenders. \r\nJoint proceedings and record. \r\n4.  Procedure in making order of restriction. \r\n5.  Issue of warrant in lieu of or in addition to summons. Section 90 of the Code of \r\nCriminal Procedure. \r\n6.  Discharge of person informed against. \r\n7.  Making of order of restriction. \r\nParticulars to be specified in order of restriction. \r\n8.  Order of restriction under section 123(3) of Criminal Procedure Code. \r\nOrder of restriction against convicted offender. \r\n9. Means of livelihood within area of restriction. \r\nChange of area where means of livelihood insufficient. \r\n 10. Power to cancel order of restriction. \r\n 11.  Power to vary area of restriction. \r\n 12.  Power to substitute order of restriction for bond for good behavior. \r\n 13.  Appeal. \r\n 14.  Applicability of the Code of Criminal Procedure to appeals and revisions. \r\n 15.  Arrest of person found beyond prescribed limits. \r\n 16. Power to make rules. \r\n 17. Penalties. \r\nPeriod of imprisonment to be excluded from period of order of restriction. \r\nTHE RESTRICTION OF HABITUAL OFFENDERS \r\n(PUNJAB) ACT 1918 \r\n(V of 1918) \r\n\r\nTEXT \r\n1\r\nTHE RESTRICTION OF HABITUAL OFFENDERS (PUNJAB) ACT \r\n1918 \r\n2\r\n(V of 1918) \r\n[26 April 1918] \r\nAn \r\nAct \r\nfor restricting the movements of habitual offenders in the Punjab and for requiring \r\nthem to report themselves. \r\nWHEREAS it is expedient to make provision for restricting the movements of \r\nhabitual offenders in the Punjab and requiring habitual offenders in the Punjab to \r\nreport themselves, and whereas the previous sanction of the Governor -General in \r\nCouncil has been obtained under section 79(2) of the Government of India Act, \r\n1915, to the passing of this Act: it is hereby enacted as follows:– \r\n1.  Title and extent .– (a) This Act may be called the Restriction of Habitual \r\nOffenders (Punjab) Act, 1918. \r\n(b)  It extends to the Punjab. \r\n2.   Scope of order of restriction .– An “Order of restriction” passed under this \r\nAct may restrict a person in his movements to any area prescribed in the order; or it \r\nmay require a person to report himself at times and pla ces and in the mode \r\nprescribed in the order; or it may do both. \r\n3.   Order of restriction against habitual offenders .– (a) In any case in which a \r\nMagistrate may under the provisions of section 110 of the Code of Criminal \r\nProcedure, 1898\r\n3\r\n, as it is at prese nt enacted or as it may from time to time be \r\namended, require a person to show cause why he should not be ordered to execute \r\na bond for his good behaviour, the Magistrate may in lieu of or in addition to so doing \r\nrequire such person to show cause why an or der of restriction should not be made \r\nagainst him. \r\n(b) Joint proceedings and record .– If the Magistrate in addition to \r\nrequiring such person to show cause why he should not be ordered to \r\nexecute a bond for his good behaviour requires him to show cause why \r\nan order of restriction should not be made against him, the proceedings \r\nin respect of the order of restriction may be taken jointly with the \r\nproceedings in respect of security and may be entered in and form part \r\nof the same record. \r\n                                                           \r\n1For Statement of Objects and Reasons, see Punjab Gazette , Part V, dated January 18, 1918, pp. 53-55; for Report of the \r\nSelect Committee, see ibid., dated February 8, 1918, pp. 59-63; for proceedings in Council, see ibid., dated January 4, 1918 \r\ndated January 4, 1918, pp. 15-21, dated February 22, 1918, pp. 109-130, and 132-150. \r\n2This Act received the assent of the Lieutenant -Governor of the Punjab on 14 th March, 1918; that of the Governor -General on \r\n2nd April, 1918; and, was published in the Punjab Gazette Part V, dated 26th April, 1918, pp. 340-342. \r\n3India Act V of 1898.   \r\n4.  Procedure in making order of restriction .– When a Magistrate deems it \r\nnecessary to require a person to show cause why an order of restriction should not \r\nbe made against him, he shall follow as nearly as may be the procedure laid down in \r\nsections 112, 113, 114, 115 and 117 of the Code of Criminal Procedure, 1898\r\n1\r\n: \r\n Provided that– \r\n(1) the order in writing referred to in section 112 of the said Code shall in \r\naddition to setting forth the substance of the information received state \r\nthe term not exceeding three years during which t he order of restriction \r\nshall be in force; but it need not state whether the order of restriction \r\nshall be an order restricting the person to any area or requiring him to \r\nreport himself or doing both; and \r\n(2) for the purposes of section 117(2) of the said Code an order of \r\nrestriction shall be deemed to be equivalent to an order requiring \r\nsecurity for good behaviour. \r\n5.  Issue of warrant in lieu of or in addition to summons. Section 90 of the \r\nCode of Criminal Procedure.– The provisions of section 90 of the C ode of Criminal \r\nProcedure, 1898\r\n2\r\n, shall be applicable to proceedings under this Act as if they were \r\nproceedings under the said Code. \r\n6.  Discharge of person informed against .– If upon enquiry made in \r\naccordance with the preceding sections the Magistrate is  of opinion that no order of \r\nrestriction is necessary, the Magistrate shall make an entry to that effect on the \r\nrecord, and if he does not order the execution of a bond for good behaviour he shall \r\nif such person is in custody only for purposes of the enqui ry release him or if such \r\nperson is not in custody discharge him. \r\n7.  Making of order of restriction .– If upon enquiry as aforesaid the Magistrate \r\nis of opinion that an order of restriction should be made against any person in \r\nrespect of whom the enquiry i s being made, the Magistrate shall make an order \r\naccordingly: \r\n  Provided that he shall not make an order of restriction against any person \r\nagainst whom he makes an order under section 118 of the Code of Criminal \r\nProcedure, 1898\r\n3\r\n, requiring such person to execute a bond for his good behaviour. \r\n  Particulars to be specified in order of restriction .– In his order under this \r\nsection the Magistrate shall state whether the said person shall be restricted in his \r\nmovements, or shall be required to report himself, o r both. The order shall conform \r\nto any rules made by the \r\n4\r\n[Provincial Government] under section 16 and shall specify \r\nthe area and the nature of the restrictions to be imposed and the places and the \r\ntimes and mode of report, as the case may be. \r\n                                                           \r\n1India Act V of 1898. \r\n2India Act V of 1898. \r\n3India Act V of 1898. \r\n4Substituted for the words “Local Government” by the Government of India (Adaptations of Indian Laws) Order, 1937, dated 18th \r\nMarch, 1937, published in the Gazette of India (Extraordinary) , dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n No order of  restriction shall be for a term exceeding three years or for a term \r\nlonger than that specified in the order under section 4. \r\n8.  Order of restriction under section 123(3) of Criminal Procedure Code .– \r\n(1) An order passed by a Sessions Judge under section 1 23(3) of the Code of \r\nCriminal Procedure, 1898\r\n1\r\n, may substitute for an order requiring security an order of \r\nrestriction for the same or a less period. \r\n(2)  Order of restriction against convicted offender .– In any case in \r\nwhich a Court or Magistrate is empow ered to take action against any convicted \r\nperson under section 565 of the Code of Criminal Procedure, 1898\r\n2\r\n, such Court or \r\nMagistrate may if it or he thinks fit at the time of passing sentence on such person \r\nand in lieu of passing an order under the said s ection make an order of restriction \r\nagainst such person for a period not exceeding three years from the date of the \r\nexpiry of such sentence. \r\n(3)  If such conviction is set aside on appeal or otherwise, such order shall \r\nbecome void. \r\n9. Means of livelihood within area of restriction.– (1) No order shall be made \r\nrestricting any person to any area unless the Court or Magistrate making the order is \r\nsatisfied that such person has adequate means of earning his livelihood within the \r\narea of restriction: Provided th at before making such order the Court or Magistrate \r\nshall record and consider any objection which such person may urge in regard to the \r\narea proposed. \r\n (2)  Change of area where means of livelihood insufficient .– If at any \r\ntime any person against whom an order of restriction has been passed under this Act \r\nsatisfies the Court or Magistrate passing the order or the District Magistrate that he \r\nhas no sufficient means of earning his livelihood within the area to which he is \r\nrestricted the Court or Magistrate shall change the area. \r\n10. Power to cancel order of restriction .– The District Magistrate may at any \r\ntime for sufficient reasons to be recorded in writing cancel any order of restriction \r\npassed by any Court having jurisdiction in his district. \r\n11.  Power to vary area of restriction .– The District Magistrate may at any time \r\nchange the area to which the movements of any person have been restricted by an \r\norder of restriction passed under this Act: \r\n Provided that such person shall be given an opportunity of showi ng cause \r\nwhy such change should not be made. \r\n12. Power to substitute order of restriction for bond for good behaviour .– \r\nWhen an order requiring security for good behaviour h as been made against any \r\nperson under section 118 of the Code of Criminal Procedure , 1898\r\n3\r\n by any Court \r\nwhether before or after this Act comes into force, the District Magistrate may at any \r\n                                                           \r\n1India Act V of 1898. \r\n2India Act V of 1898. \r\n3India Act V of 1898. \r\ntime before the period of security has expired substitute therefor an order of \r\nrestriction: \r\n Provided that– \r\n(a)  the period of the order of restricti on shall not exceed the unexpired \r\nperiod of security; and \r\n(b)  no order of restriction shall be passed against any person under this \r\nsection until he has been given an opportunity of showing cause why \r\nsuch order should not be passed. \r\n13.  Appeal.– Any person against whom an order of restriction has been passed \r\nby any Magistrate other than a District Magistrate may appeal to the District \r\nMagistrate to have the order set aside. \r\n14.  Applicability of the Code of Criminal Procedure to appeals and \r\nrevisions.– The provisions of the Code of Criminal Procedure, 1898\r\n1\r\n, shall be \r\napplicable to appeals and petitions of revision under this Act as if they were appeals \r\nand petitions of revision presented under the said Code. \r\n15.  Arrest of person found beyond prescribed li mits.– (1) If any person \r\nagainst whom an order of restriction under this Act has been passed is found in any \r\nplace beyond the area to which his movements have been restricted, without the \r\npass prescribed by the rules made under this Act, or at a time or in  a place not \r\npermitted by the conditions of his pass, he may be arrested without warrant by any \r\npolice officer, zaildar, inamdar, village headman or village watchman. \r\n (2) Any person, not being a police officer, making an arrest under this \r\nsection shall wi thout unnecessary delay make over the person so arrested to a \r\npolice officer, or, in the absence of a police officer, take or send such person to the \r\nnearest police station. \r\n16.  Power to make rules .– The \r\n2\r\n[Provincial Government] may make rules\r\n3\r\n to \r\nprovide for and regulate– \r\n(i) the areas to which persons may be restricted under this Act and the \r\nnature of the restrictions to be observed by them; \r\n(ii) the times and places at which and the mode in which persons shall \r\nreport themselves when required to do so under this Act; \r\n(iii) the conditions as to holding passes under which persons may be \r\npermitted to leave the area to which their movements have been \r\nrestricted; \r\n(iv) the conditions to be inserted in any such pass in regard to– \r\n(a) the places to which the holder of the pass may or may not go; \r\n                                                           \r\n1India Act V of 1898. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptations of Indian Laws) Order, 1937, dated 18th \r\nMarch, 1937, published in the Gazette of India (Extraordinary) , dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n3Issued vide Notification No. 9859, dated 29th April, 1918, published in the Gazette of India (Extraordinary), dated April 1, 1917, \r\npp. 115-119. \r\n(b) the persons before whom from time to time he shall be bound to \r\npresent himself, and \r\n(c) the time during which he may be absent. \r\n17.  Penalties.– (1) Whoever being a person against whom an order of restriction \r\nunder this Act has been passed violates such order or any rule made under this Act, \r\nshall on conviction by a Magistrate of the first class be punished– \r\n(a) on a first conviction with imprisonment of either description for a term \r\nwhich may extend to one year, or with fine, or with both; \r\n(b) on a second conviction with imprisonment of either description for a \r\nterm which may extend to two years; \r\n(c) on any subsequent conviction with imprisonment of either description \r\nfor a term which may extend to three years. \r\n(2) Period of im prisonment to be excluded from period of order of \r\nrestriction.– In computing the period for which an order of restriction shall remain in \r\nforce, any period of imprisonment undergone in execution of a sentence passed \r\nunder sub-section (1) of this section shall be excluded.",
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