Power of Government to notify habitual offenders

(1) The Government may, by notification, if they are satisfied that any person is a habitual offender declare that he shall be subject to the provisions of this Act to such extent and subject to such restrictions, if any, as may be specified in the notification. (2) Every notification issued under sub-section (1) shall be in force for a period of five years from the date of the publication of such notification, but the Government may, by notification, at any time before the expiry of the said period, cancel or modify any notification issued under sub-section (1). (3) The cancellation of a notification or the expiry of the period of five years, under sub-section (2) shall not be deemed to affect the power of the Government under sub-section (1) to issue a notification in respect of a habitual offender as often as he is sentenced to a substantive term of imprisonment, such sentence not having been set aside in appeal or revision, for any one or more of the scheduled offences at any time after such cancellation or expiry. (4) Notwithstanding anything contained in sub-section (2), where a notified offender is sentenced to a substantive term of imprisonment, such sentence not having been set aside in appeal or revision, for any one or more of the scheduled offences, the Government may direct that the notification issued under sub-section (1) in respect of such notified offender shall be in force for a further period of five years from the date of his release from such imprisonment. (5) Before any notification is issued in respect of any person under subsection (1), or modified to his disadvantage under sub-section (2), or before any direction is issued in respect of any notified offender under subsection (4), a reasonable opportunity shall be given to him to show cause against such issue, modification or direction, as the case may be.