Chapter II REGISTRATION OF HABITUAL OFFENDERS AND RESTRICTION OF THEIR MOVEMENTS

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, foot-prints and photograph 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.

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 any absence or intended absence from his ordinary residence for such period and under such conditions as may appear 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.

(1) The registration of a habitual offender under this Act shall, unless earlier cancelled, cease 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 or 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.

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.