(1) At least 10 days before the date fixed for appearance, the notice in from No. 3 shall be affixed on the notice board of the office of the District Magistrate [or any officer appointed by him in this behalf] issuing the same, and in a conspicuous place at every police station or out post in whose area the habitual offender resides. The contents thereof shall be proclaimed by beat of drum in the town or village in which the habitual offender resides.
(2) In the notice to be affixed on the notice board of the District Magistrate [or any officer appointed by him this behalf] under sub-rule (1) it will not be necessary to mention the name of the habitual offender in the body of the notice. A common notice may be published for several habitual offenders, and their names and dates of conviction etc. may be noted below the notice, a note to that effect being made in the body of the notice.
(3) In addition to the publication of the notice in the manner prescribed by sub-rule (1) a copy thereof shall be served on the habitual offender concerned in the manner provided in the Code for the service of summons.
Where such service cannot be effected in spite of the best efforts of the serving officer the serving officer shall affix the copy on a conspicuous part of the last known residence of the person to be served and shall make a report accordingly to the District Magistrate [or any officer appointed by him in this behalf] who may then declare the service to be sufficient or order service in such other manner as he may think fit in the circumstances of the case. Service under this sub-rule shall in all cases be effected at least 10 days before the date fixed for appearance.
[7. Representations against registration.] - Every person in respect of whom the notice under sub-section (3) of section 3 is issued may either orally or in writing apply that his name be not entered in the register of habitual offenders.
(2) The District Magistrate or any officer appointed by him in this behalf shall after giving the person making the application a reasonable opportunity of being heard and after such summary enquiry as he thinks necessary pass such orders on the application as he deems fit, recording his reasons.
(3) It the application is allowed, the name of such person shall be entered in the register of habitual offenders.
(4) If the application is rejected, such persons shall, if present, be informed accordingly, and a certified copy of the order shall, on application be supplied to him free of charge, within 10 days of the application.
(5) If any person in respect of whom the notice under sub-section (3) of section 3 is served fails to attend on the date and the time and place fixed for hearing it shall be resumed that he has no application to show cause against his registration as habitual offender.
(6) If such person, when required to furnish any information, fails to do so, the District Magistrate or any officer authorised by him, in this behalf may, without prejudice to the provisions of Rule 9, draw such presumption from the failure as the circumstances of each case warrant.