Amendment status not verified — confirm the current text below against the official source.
(1) The State Government may, by notification in the Official Gazette, establish and maintain in the State as many corrective settlements as it thinks fit for the purpose of placing therein such habitual offenders as are directed to received corrective training under this Act. (2) The State Government may also approve or certify any privately – managed institution (whether known as settlement or otherwise) as a corrective settlement for the purpose of this Act. Power to direct habitual offender to receive corrective training. – 14. (1) Where the State Government is satisfied from the report of the Deputy Commissioner or otherwise that it is expedient with a view to the reformation of a registered offender and the prevention of crime that the registered offender should receive training of a corrective character for a substantial time, the State Government may by order in writing direct that the registered offender shall receive training of a corrective character for such period not exceeding the duration of his registration or re-registration as may be specified in the order. (2) Where a habitual offender who is not more than forty years of age. (a) is convicted of any offences publishable with imprisonment, or (b) is required in pursuance of section 110 of the Code of the Criminal Procedure 1898 to execute a bond for his good behavior, and the court or the Magistrate is satisfied from the evidence in the case and other materials or record that it is expedient with a view to his reformation and prevention of crime that he should received training of a corrective character for substantial time, the court or the Magistrate may, in lieu of sentencing him for such offence or, as the case may be, requiring him to execute such bond direct that he shall receive corrective training for such term or not less than two or not more than five years as the court or the Magistrate may determine. (3) Before giving any direction under sub-section (1) or sub-section (2) the State Government or the court or the Magistrate, as the case may be, shall- (a) take into consideration the physical and mental condition of the offender and his suitability for receiving corrective training in a corrective settlement, and (b) give a reasonable opportunity to the offender to show cause why such direction should not be given. (4) A habitual offender in respect of whom a direction to receive corrective training has been made shall be placed in a corrective settlement for the term of his training and while in such settlement shall be treated in such manner as may be prescribed. Power to transfer from corrective settlement. – 15. The State Government or any officer authorized by it in this behalf may at any time by order in writing direct any habitual offender who may be in a corrective settlement to be transferred to another corrective settlement. CHAPTER IV PENALTIES AND PROCEDURE Penalty for failure to comply with certain provisions of the Act.- 16. A habitual offender who without lawful excuse, the burden of proving which shall lie upon him – (a) fails to appear in compliance with a notice issued under section 4, or (b) intentionally omits to furnish any information required under that section or furnishes as true any information which he knows, or has reason to believe to be false or does not believe to be true, or (c) refuses to allow his finger and palm impressions, foot prints and photographs to be taken by any person acting under an order passed under section 6, or (d) fails to comply with the provisions of sub-section (1), or with an order of the Deputy Commissioner under sub-section (2) of section 7 or with an order of the State Government under section 11, may be arrested without warrant and shall be punishable – (i) on first conviction with imprisonment for a term which may extend to six months or with fine which may extend to two hundred rupees or with both, and (ii) on second or subsequent conviction, with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both: Provided that if the court after taking into consideration the offender’s age and physical and mental condition and his suitability for receiving training of corrective character in a corrective settlement is satisfied that it is expedient with a view to his reformation and the prevention of crime that he should received training of corrective character for a substantial time the court may in lieu of sentencing the offender to any punishment under this section, after giving him an opportunity of showing cause, that he shall receive corrective training in a corrective settlement for such term not exceeding three years as it may determine. Arrest of persons outside restriction area or corrective homes. – 17. If any person – (a) is found outside the area to which his movement have been restricted, in contravention of the conditions under which he is permitted to leave such area, or (b) escapes from any corrective settlement in which he is placed, he may be arrested without warrant by a police officer, village headman or village authorities and taken before a Magistrate who, on proof on the facts, may order him to be removed to such area or to such corrective settlement there to be dealt with in accordance with this Act and the rules made thereunder. CHAPTER V MISCELLANEOUS Bar of Jurisdiction. – 18. No court shall question the validity of any direction or order issued under this Act. Bar of legal proceedings. – 19. No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act. Power to delegate. – 20. The State Government may, by notification in Official Gazette, direct that any power exercisable by it under this Act except the power under section 21 may also be exercised subject to such condition, if any, as may be specified in the notification, by such officer not below the rank of a Deputy Commissioner as may be specified therein.