(1) If the District Magistrate is, upon information received, satisfied that a person ordinarily residing in the district is an habitual offender and that an order of restriction should be passed against him, he may by notice require such person to appear at such time and place as may be specified in the notice to receive the order :
Provided that nothing hereinbefore contained shall be deemed to require the District Magistrate to specify in the notice the restriction sought to be imposed.
(2) The person against whom notice has been issued under subsection (1) may contest it on any of the following grounds and no other, namely that- -----
(a) he was less than 18 years of age on the date of notice ;
(b) a period of more than three years has intervened between the date of notice and the expiry of the term of the last sentence of imprisonment passed against him;
(c) he is not an habitual offender.
(3) It shall be lawful for the District Magistrate upon receipt of any additional information to rescind at any time the notice issued under sub-section (1) but nothing in this sub-section will be construed to entitle the person against whom notice has been issued to contest it on any ground other than that mentioned in sub-section (2).
Procedure to compel attendance
5. Where a person against whom a notice has been issued under sub-section (1) of section 4, is not traceable, or fails to receive the notice or after due service of the notice fails to appear before the District Magistrate concerned, the District Magistrate may proceed in accordance with the provisions of Chapter VI of the Code as if the notice were a warrant issued under the said Code.
109 [The Uttar Pradesh Habitual Offenders' Restriction Act, 1952] [Section 6-10] Hearing of the notice and service of the order