Chapter II REGISTRATION OF HABITUAL OFFENDERS AND RESTRICTION OF THEIR MOVEMENTS

The Government may direct the District Collector to make a register of habitual offenders within his district by entering therein the names and other prescribed particulars of such offenders.

For the purpose of carrying out the direction given under section 3 the District Collector or any officer authorised by him in this behalf shall, by notice in the prescribed form to be served in the prescribed manner, call upon every habitual offender in the district,- (a) to appear before him at a time and place therein specified; (b) to furnish such information as may be necessary to enable him to enter the name and other prescribed particulars of the habitual offender in the register; and (c) to allow his finger and palm impressions, footprints and photogrpah to be taken: Provided that the name and other prescribed particulars of a habitual offender shall not be entered in the register unless he has been afforded reasonable opportunity of showing cause why such entry should not be made.

(1) The register shall be placed in the custody of the Superintendent of Police who shall, from time to time, report to the District Collector any alterations to be made therein. (2) After the register is placed in the custody of the Superintendent of Police, no fresh alteration shall be made in the register except under an order in writing of the District Collector.

The District Collector or any officer authorised by him in this behalf may at any time order the finger and palm impressions, foot-prints and photographs of any registered offender to be taken.

(1) Every registered offender shall notify to such authority and in such manner as may be prescribed any change or intended change of his ordinary residence: Provided that where such offender changes or intends to change his ordinary residence to another district, whether within the State or not, he shall notify the change or intended change to the District Collector. (2) The District Collector may by order in writing direct that any registered offender shall— (a) report himself once in every month or where the District Collector for reasons specified in the order so directs, more frequently to such authority and in such manner as may be specified in the order; and (b) notify any absence or intended absence from his ordinary residence to the aforesaid authority: Provided that the District Collector may exempt any such offender from notifying and absence or intended absence from his ordinary residence for such period and under such conditions as may appeal reasonable to him.

(1) Where any registered offender changes his ordinary residence from one district to another district within the State, the District Collector of the district in which the offender is registered shall inform the District Collector of the other district about such change and at the same time furnish him with the name and other particulars of the registered offender. (2) On the receipt of such information, the District Collector of the other district shall enter in his register the name and other particulars of the registered offender and inform the District Collector of the district in which the offender is previously registered about such registration and thereupon the District Collector of that district shall cancel from his register the entry relating to that offender. (3) Where a registered offender changes his ordinary residence to another district outside the State, the District Collector of the district in which the offender is previously registered shall, while furnishing the District Collector of the other district with the name and other particulars of the registered offender, request that District Collector to inform him of the steps, if any, which may have been taken in relation to the offender under any law for the time being in force in that other district; and upon the receipt of such information the District Collector of the district in which the offender is previously registered shall cancel from his register the entry relating to that offender. (4) Upon registering the name and other particulars of a registered offender under sub section (2) the provisions of this Act and the rules made thereunder shall apply to him as if he is registered, in pursuance of a direction given under section 3 in the register of the district to which he has changed his ordinary residence.

(1) The registration of a habitual offender under this Act shall, unless earlier cancelled, ceases to be in force on the expiry of five years from the date of such registration and on such cancellation or expiry the habitual offender shall cease to be a registered offender. (2) Notwithstanding the cancellation, or expiry of duration of registration, a habitual offender may be re-registered in accordance with the provisions of this Act relating to registration as often as he is convicted of one or more of the scheduled offences at any time after such cancellation, or expiry and the re registration shall, unless earlier cancelled, cease to be in force on the expiry of five years from the date of such re-registration. (3) Notwithstanding anything contained in sub sections (1) and (2) where a registered offender is, during the period of registration or re-registration, convicted of one or more of the scheduled offences and sentenced to a substantive term of imprisonment, the duration of registration re-registration shall be extended for a period of five years from the date of his release from such imprisonment.

(1) Any person deeming himself aggrieved by the registration or re- registration of his name under section 4 or section 9 or by an order under sub - section (2) of section 7 may within the prescribed period make a representation to the Government against such registration, re-registration or order. (2) The Government shall, after considering the representation and giving the aggrieved person an opportunity of being heard, either confirm or cancel the registration, re-registration or order, as the case may be, and shall, in the case of confirmation, record a brief statement of the reasons therefor.

If in the opinion of the Government it is necessary or expedient in the interests of the general public so to do, the Government may by order direct that any registered offender shall be restricted in his movements to such areas and for such period not exceeding three years as may be specified in the order. (2) Before making any such order, the Government shall take into consideration the following matters, namely:- (a) the nature of the offences of which the registered offender has been convicted and the circumstances in which the offences were committed; (b) whether the registered offender follows any lawful occupation and whether such occupation is conducive to honest and settled way of life and is not merely a pretence for the purpose of facilitating commission of offences; (c) the suitability of the area to which his movements are to be restricted; and (d) the manner in which the registered offender may earn his living within such area, and the adequacy of arrangements which are, or likely to be, available therefor. (3) A copy of the order shall be served on the registered offender in the prescribed manner.

The Government may, by order, cancel any order made under section 11 or alter any area specified in an order under that section: Provided that before making such order the Government shall consider the matters referred to in sub-section (2) of section 11 in so far as they may be applicable.