Bare ActsThe Kerala Habitual Offenders Act, 1960

Section 10

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

R1g1i( to make representa lions against regis/ia I/o himself aggrieved by the registration under section 4, ot the duration of rcgislrarion or re-registration, as the cas' order undersub section (2) of sectionn 7. may within die representation to the C. overnnent against such registrati order. ions (1) and (2), where a re-registration, convicted of one ;tantive term of i niprisonment ided for a period of five years etc. - (1) Any person deeming - registrati on or extension of iay be, under section 9 or by an escribed period make a re-registration, extension or (2) The Government shall, alter coasidnng the rel1resentation and giving the aggrieved peison an opportunity of being heard, either c*nf inn or cancel the registration, rn-regis tration. extension or order, as the case may be, and shall, in the case of confinnation, record a brief statement of the reasons ther1on I. Power to restrict mo ;'ements of registered offendej Government it is necessaiy or expedient inhiriet interests the C overnnient may by order direct that any registered c movements to such area and for such penod not exceedir specified ii the nrde -. - (1) If in the opinion of the 'the general public so to do, coder shall be restricted in his three years as may be (2) Before niaki rig any such order die Government shall take into considerapn the following maiters, namely: - the natut of die offences of which die registered offender has been convicted and the circur tsiances in which the offences were committed whether die registered offender follows any lawful occupation and whether such occupation is conducive to an honest and settled way of life and is not merely a pretence for the purpose of facilitating the commission of offences: I the suitability of the area to which his movements are to be restrictedt and the manner in which the registered offender may earn his living within such area, and the adequacy of arrange ments which are, or are likely to be, available threfor. (3) A copy of the order shall be served on the registered offender in the presdibed manner. Power 10 cancel or alter restrictions of movements. - The Government mayJ by order, cancel any order made under section 11 or alter any area specified in an order under that section Prnvicted that before making such order the Government shall consider the mtten referred to in sub-section (2) of section 11 in so far as they may be applicable. chapter III C orrectivc Training of 1-lahitual offenders Corrective settlements.— (1) The Government may, by notification in die Gazette, establish and maintain in the State as many corrective settlements as they think fit for the purpose of placing therein such habitual offenders as are directed to receive con'edtive fining under this Act (2) The G overnnient may also appiDve or ceify any privately- managed institution (whether known as settlement or otherwise) or ally institution n.ni by the State Social Welfare Advisory Board as a corrective settlement for the purposes of thiAcL Power to direct habitual offenders to receive corrective training. - (1) Wh&e the Government are satisfied from the report of the Disuict Magistrate or otherwise that it is expedient with a view to the reformation of a registered offender and die preveniibn of cn me that the registered offender should receive training of a corrective cIiaracter for a substantial penod. die G overnment may, by order in writing, direct that the registhred offender shall receive training of a corrective character for such period, not exceeding the durrrtion of his registration or re-registration, as may be specified in the order. (2) Where a habitual offender, wh10 is not mo is convicted of any scheduled offer is required in J)UISLlance of section for his good behaviour, and the court or the Magistrate is satisfied from die e materials on record that it is expedient With a view tc of crime that he should receive training oia COIThCtiV the court or the Magistrate may, in lieu of sentencing may be, requinng him to execute such botid, direct di training for such term of not less than twoand not mc Magistrate may dererniine. I (3) Before giving I any direction under sub- C ovell"llent or the coiu-t or the Magisirate as the take into c0nsiderauo11 the jhysical an and his suitability for receiving con-ective 6ininR in give a reasonable opportuni(!y to the ofl direction should not be given. (4) A habitual offender, in respect ofwhom a di training has been made, shall be placed in corrective training and while in such settlement shall be treated ii scn bed. .15. Power to transfer from corre ctii'e see tie/pent - authotised by them in this behalf may at ai ~ ly time by oi offender who may be in a corrective seuieniènt to be tr settlement. cl!au(cr IV Penalties and Procedu

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