Bare ActsThe Gujarat Habitual Offenders Act, 1959.

Section 21

Amendment status not verified — confirm the current text below against the official source.

If a police patel or a village watchman having an opportunity to arrest ony Penal6yb person under section 18, fails to ~ him in oi~auoel which are not beyond failure io his control, he sbiill on conviction be punished with simple imprisontnent for h:~taai atennwhichmayextendtoone month 01' trith fiDe fticb may extend to fiveoliDDder • •••• a-mpees, (It 'th both. .) JIO-1t H .M-11 f : •• No ooart ab.all question th.e validity of ..,. dizeotion or order ilSlltd 1IDder tlaia.w. BRGllepl •• No suit, prosecution or other legal proceedings sballlie &gainm;the State pa •••••r Oov mment or any person for anything which is in good faith done or intended to be done uder this Act. 1__ II. The Stat~ Government may. by notification in the Official GaMle, direct d~ that any power exercisable by it under this Act except the power under section 2lS may also 00 exel'Cisedsubject to such conditions (if any) as may be specified in tbe aotificetioD, by such officer not below the rank of a District Ma~atl8te .s may •• apeoifiedtheteiD. •• U. (1)The 8tate Go'Vemment may, by notification m the ~ GaIsIiIB, hIIeL make rules for carrying out the purposes of this Act. (8) In partieuJar, and without prejudice to the generality of the foregoing po'ftr aIGh rules may pro'Videfor all or any of the following matters. namely :- (4) the form of notice under saction 4: and the manner in which IUch notioe may be served; (b) the form of the register of habitual offenders and the particulara to be entered thezein ; (D) the authority to _hom and the manner in _hich any change or intended cba11ge of ordiDal'y residence shall 00 notified under sub-section (1) of section 7 ; (d) the natuze of restrictions to be observed by registered offenders whose movements have been restricted ; (6) the grant of certificate of identity to registered offendeD and inspection of 8UChcertificates ; (J) the conditions under which the oifenden may be permitted to leave the area to whieh their movements have been restricted or the conective settlements ia which they have been placed; (g) the terms upon which o1fendera may be 4i1llharged from eorrecti.e eettle· monts; (1) the working, management, control and IlUpervision of correctiw settle. meDta including the discipline and conduct of peraons placed therein ; (t) the conditioJl&for, and the manner of, approving or certifying privately ID~ sett1eIQents ; (J1 the appoiDtment of llOn-oftlcial Yiaitors for oorreetift eettleIQeDt8 ; (i) t1le ~ aM -"'stw.Doe. udu ftich members of the family of & habitual ofh¥Jer m&1be peauitW w ., . hiIJl i'D a coueotiw I8ttlemeDt ; (1) th Bombay Habitual OfFenders Restriction Aet, 1t17, (2) the Byderabad Habitual Offenders (Restriction a.nd Settlement) Act. 1954, and _1 (l) the ptIiodical "view of the ~.,... whoeemo'tl8meDtaha. beu 1II8tricted or who aze placed in eD:ttei*i •• ~ under this jet ; (.) &Dy other matter which is to be or may be pzescribed under this Act. (3) In making rules under this Act the State Government may provide that • c»ntravention of any of the rules shall be punishable with fine whie1:lmay extend to One hundred rupees. (4) .Allrules made under this Act shaU, as lIOOnas lPay be after they aze made, <helaid before the State u,gislaf:ure. sa. Nothing in this Act shall affect the powers of any competent authority under ••••• uy other law fortlie time being in forc6 to make an order of restriction or detention, and any order passed or direction made wWerthis Act in 80 far as it oonft.ictswith 'any order made by a competent authority under such law shall be deemed te be iuoperative while the order UDdersuch la if remains in force. '1ft. On the commencement of this Aet, the following .Acts, that is to 8&y,- BepeMud aavma-. J!Ioa LIof IN7. Hyd. xm of IBN. tx:n (3) the 8aJ1TMhtra HabitUJiI Offendezs .Restriction Act, 1951. a:l. shall stand repealed : Provided that such repeal shall not aft'ect- (a) the previoU8 operation of any Act 80 repealed, or anything duly done or suffered thereunder; (b) any right, privilege, obligation or liability acquired, accrued or incurred under any Act SO repea.led; (e) any penalty, forfeiture or punishment incurred in respect of any o1fence ·eommitted against any Act 80 repealed ; (d) any investigatioh, legal proceeding or remedy in respect of any such right, ~e, obligation, liability, penalty, forfeiture or punishment 88 af'ore38id; .-nd any snob in-vest1gation,legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment ~ay 96 imposed, as if this Aet had not been passed : Provided further that, subject to the preceding proviso, anytb~ done or any action taken (including orders or ru.1eamade, notioos issued and settlements esta- blished or approved) under any Act 80 repealedJlluill. in 10 far as it is not inconsistent with the provisions of this Act, be deemed to have been. done or taken under the ~ provisions of this..w. and aban continue in foroe aooordingly lmleai aDd lIntil aupereeded by &I1)'1ihiD& done 81'av.YactielIl taken under iihia Afi. 4eAU.) •••• B IIM-lla ·I ••• 0Il'tuea UDder the Indian Penal Code.. CJu:mmXII. 304 307 308 311 324 325 326 327 328 329 332 333 347 365 366A :{66B 368 369 Counterfeiting com. Counterfeiting Indian coin. Making or selling instrument for eounterfeiting eem.. 'PtWring ot selling instrument for counterfeiting l'ndiaIt coin. POeeesaion of instrument or material for the purpoee of nsing the same {or cou.nterfeiting com. Delivery of coin poese88ed with knowledge that it • counterfeit. Delivery of Indian coin, poese88ed with knowledge that it is counterfeit. P088eIl8ion of counterfeit coin by person who knew it •. be counterfeit when he became poese88ed th&eof. POllSe88ion of Indian coin by person who knew it to lie· counterfeit when he' became poese88ed thereof. CHAPTER XVI. Culpable homicide not amounting to murder. Attempt to murder. Attempt to commit culpable homicide. Being a thug. Voluntarily causing hurt by dangerous weapons or meaIUI. Voluntarily causing grievous hurt. Voluntarily caWling grievous hurt by dangerous weapons or means. Voluntarily causing grievoWl hurt to extort property, or . to constrain to an illegal act. Causing hurt by means of poison, etc., with intent •• commit an offence. Voluntarily causing grievous hurt to extort property, O~ to constrain to an illegal act. Volunta.rily causing hurt to d~ter public sorva.nt from his duty. Voluntarily causing grievous hurt to deter public sorvant from his duty. Wrongful confinement to extort property, or constrain to illegal a.ct, Kidnapping or abducting with intent secretly and wrong- fully to confine person. Procuration of minor girl. Importation of girl from foreign country. Wrongfully concoaling or keeping in confinoIr.ent, kid- napped or abducted peison. Kidnapping or abducting child under ten yeara wit. intent to stoal from its f6rson. 319 380 382 3& 385 386 387 392 393 • 394: 395 391 398 399 400 401 402 4:11 414 451 4li2 460 0JUP1D XVU. Theft. Theft in dwelliDg houee, e1lt. Theft after preparation made for cauaiDg death, hun 01 le8traint in Older to the cODlDlittingof the theft. Extortion. Putting person in fear of injwy in oMor to oommis extortion. Extortion by putting 8person in fear of death or grieYOQI hurt. Putting person in fear of death or of ineVOQl hurt, ill order to commit extortion. Robbery. Attempt to oommit robbery. Voluntarily causing hurt in committing robbery. Dacoity. Robbery or dacoity, with attempt to cause death ., grievous hurt. Attempt to commit robbery or daooity when armed witJa deadly weapon. Making preparation to commit daooity. Belonging to 8 gang of daooits. Belonging to a gang of thieves. Assembling for purpose of committing dacoity. Dishonestly receiving stolen property. Assisting in concealment of stolen property. House-tNspass in order to commit offence pmaiahab1e with imprisoDJDBnt. HOu.se-tl'68P8S8after preparation for hurt, lII&ult 01 wrongful restraint. J.Jurkinghouse-tmsp8S8 or house-breakiDg. Lurking house-tl'68pass or house-breaking in order to commit offence punishable with i.mpri8oD.lD8Di. Lurking house-tle6pass or ho1l88-1uUkiDgafter pwpua- tion for hurt, assault or wroDgful restraint. Lurking house-tl'68pass or house-breaking by night. Lurking house-trespass or house-breaking by night iA order to commit offencepunishable with impriaoDIn8l1S. Lurking house-trespass 01' honse-breaking by night afte preparation f(}rhurt, a.ssault, or wrongful nstraint. Grievous hurt caused whilst committing lurking hoUII- tlespass or honse-breaking. . All persons jointly concmwd in lurking house-tr.puI or muse-breaking by night punishable where ~ ., grievous hurt caused by one of them. IT ell_ ... ... ••••••, IT OffenceuDder the &ppnsaion of Immom1 Tra& ill Women and Girla AAst, 19M• LivDcOJl eamUtpof~ Vol. LHI FRmAY, APRIL 15. 2011/CAITRA 25, 1933____________________ Separate paging k given to this Part in order that it may be filed as a Separate Compimtion.__ The following Act of the Gujarat lamre, having been assented to by the Governor on the I3n April, 2011, is hereby published for general 'mtConan'on. C. J. G()flff, Secretary to the Government of Gujarat fegislative and Parliamentary Affairs Oepartment, w amend the short tides of Bombay Acts, It is hereby enacted in the Sixty-second Year of the Republic of India as follows:-

Section 21 – The Gujarat Habitual Offenders Act, 1959. | DailyLaw.ai