Amendment status not verified — confirm the current text below against the official source.
For the purpose of carrying out the direction given under section 3 the Deputy Commissioner or any officer appointed 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; 9b) to furnish such information as may be necessary to enable him to enter the name and other prescribed particulars of habitual offender in the register; and (c) to allow his finger and palm impressions, footprints 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. Charge of register and alteration therein. – 5. (1) The register shall be placed in the keeping of the Superintendent of Police who shall from time to time, report to the Deputy Commissioner any alterations which ought in his opinion to be made therein. (2) After the register has been placed in the keeping of the Superintendent of Police, no fresh entry shall be made in the register, nor shall any entry be cancelled, except by, or under any order in writing of the Deputy Commissioner. Power to take finger and palm impression, foot prints and photographs at any time. – 6. The Deputy Commissioner or any officer appointed 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. Registered offenders to notify change of residence and to report themselves. – 7. (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 same State or not) he shall notify the change or intended change to the Deputy Commissioner. (2) The Deputy Commissioner may by order in writing direct that any registered offender shall- (a) report himself once in each month or where the Deputy Commissioner for reasons specified in the order to direct, more frequently, to such authority and in such manner as may be specified; (b) notify any absence or intended absence from his ordinary residence to the aforesaid authority: Provided that the Deputy Commissioner may exempt any such offender from notifying any absence or intended absence from his ordinary residence for such period and under such conditions as to him may appear reasonable. Migration of offender from one to another district. – 8. (1) Where any registered offender changes his ordinary residence to another district within this State, the Deputy Commissioner of the district in which the offender is registered shall inform the Deputy Commissioner 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 Deputy Commissioner of the other district shall enter in his register the name and other particulars of the registered offender and inform the Deputy Commissioner of the first district about such registration and thereupon such Deputy Commissioner shall cancel from his register the entry relating to the at offender: Provided that where a registered offender changes his ordinary residence to another district outside this State, Deputy Commissioner of the first district shall, while furnishing the District Magistrate of the other of the other district with the name and other particulars of the registered offender make a request to that District Magistrate that he may be informed 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 Deputy Commissioner of the first district shall cancel from his register the entry relating to that offender. (3) Upon the entry of the name and other particulars of a registered offender in the register under sub-section (2), the provisions of this Act and the rules made thereunder shall apply to him as if he has been registered, in pursuance of a direction given under section 3, in the register of the district to which he has changed his ordinary residence. Duration of registration and re-registration of habitual offenders. – 9. (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, or registration a habitual offender may be re-registered in accordance with the provisions of this Act relating to 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-section (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 extend for a period of five years from the date of his release from such imprisonment. Right to make representation etc.- 10. (1) Any person deeming himself aggrieved by the registration or re-registration, of his name under section 4 or, as the case may be, under section 9 or by an order under sub-section (2) of section 7 may within the prescribed period make a representation to the State Government against such registration, re-registration or order. (2) The State 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 a and shall in the case of confirmation record a brief statement of the reasons thereof. Power to restrict movements of registered offenders. – 11. (1) If, in the opinion of the State Government it is necessary or expedient in the interest of the general public so to do, the State Government may by order direct that any registered offender shall be restricted in his movements to such area and for such period not exceeding three years as may be specified in the order. (2) Before making any such order the State 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 the restriction 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. Power to cancel or alter restriction of movements. – 12. The State 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 State Government shall consider the matters referred to in sub-section (2) of section 11 in so far as they may be applicable. CHAPETER III CORRECTIVE TRAINING OF HABITUAL OFFENDERS