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State of Rajasthan - Section

Section 11 in Rajasthan Habitual Offenders Rules, 1955

11. Erasures from the register

(1)The Superintendent of Police shall before the end of December every year, review the cases of persons entered in the register placed in his keeping under sub-section (5) of section 3 and shall report to the District Magistrate the names of any persons that may be recommended for being cancelled from the register. The grounds of such recommendation shall be stated in writing.
(2)If the District Magistrate considers such grounds to be sufficient, he shall order the cancellation recommended and the name of such person shall be cancelled accordingly and an intimation of the fact shall be given to the person whose name is so cancelled.
(3)Any person whose name is entered in the register may apply to the District Magistrate for cancellation of his name therefrom, specifying in writing the grounds for such application. If the District Magistrate is satisfied as to the sufficiency of such grounds he shall order the cancellation prayed for, subject to the provisions of sub-rules (4) & (5).
(4)No application under sub-rule (3) shall be granted unless a notice has been given to the Superintendent of police who may contest the application, either personally or through the prosecuting Inspector of Prosecuting Sub-Inspector.
(5)No application under sub-rule (3) shall be entertained unless a period of 12 months has elapsed. Since the date fixed in the notice issued under sub-section (3) of section 3, or since the date of any order passed on an application for expunction of name or a previous application for cancellation of registration, whichever was the last date.
(6)An application under sub-rule (3) shall not be rejected unless the applicant has been given a reasonable opportunity of being heard.