Section 8 in Rajasthan Habitual Offenders Rules, 1955
8.
[Representations]. [Substituted by ibid](1)The [representation] [Added by ibid] referred to in section SC shall be made in the form of written memorandum addressed to the Government. It shall be presented before the Home Secretary to the Government, or, if the [petitioner] [Substituted by ibid] so desires, before the District Magistrate whose order is sought to be challenged in [representation]. [Substituted by ibid](2)Where the [representation] [Substituted by ibid] is presented before the District Magistrate, he shall forward the papers to the Government along with the memorandum of [representation] [Substituted by ibid] as soon as practicable.(3)The memorandum of [representation] [Substituted by ibid] shall be presented either by the [petitioner] [Substituted by ibid] in person or by his authorised representative. An [representation] [Substituted by ibid] received by the post or in any other manner shall be filed without any action.(4)If on any date fixed for the hearing of [representation] [Substituted by ibid], the [petitioner] [Substituted by ibid] does not appear in person or through an authorised representative, the [representation] [Substituted by ibid] may be dismissed for default. Such dismissal shall be set aside if the [petitioner] [Substituted by ibid] makes an application for that purpose within 30 days of the order of dismissal, and shows that he was prevented by sufficient cause from appearing. Such application may be presented to the Home Secretary to the Government or to the District Magistrate, who shall forward it to the Government.This rule makes mention of the form of appeal to be preferred by a person who feels aggrieved by an order passed by the District Magistrate Under Section 3 of the Act and mode of its presentation Section 4 of the Act which provided for such appeal has been amended by the Legislature in 1958. The aforesaid right has been substituted by right of representation to the State Government under section 5C of the Act. The language of the present rule does not in terms apply to the representation provided for in section 5D and it requires suitable amendment in the light of that section.
