Health & Fitness

Sunday, June 26, 2011

Warrant for Levy of fine


Warrant for Levy of fine:

1)     Whenever an offender has been sentenced to pay a fine, the court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say –

a)     Issue a warrant for the Levy of the amount by attachment and sale of any movable property belonging to the offender,
b)     Issue a warrant to the collector of the district authorizing him to realize the amount by the execution according to civil process against the movable or immovable property or of the defaulter.
Provider that, if the sentence directs that in default of payment of the fine the offender shall be imprisoned and if such offender has undergone the of such imprisonment in default, no court shall issue such warrant unless for special reasons to be recorded in writing to considers it necessary to do so
2)     The government may take rules regulating the mannered in which warrant under sub-section (1), clause (a) are to be executed and for the summery determinatio9n of any claims made by any person other than the offender in respect of any property attached in execution of such warrant.
3)     Where the courts issue warrant to the collector under sub section (1), clause (b), such warrant shall be deemed to be a decree, and the collector to be the decree holder, within then meaning of the code civil procedure, 1908, and the nearest civil Court by which any decree for a like amount could be executed shall, for the purpose of the said code, be deemed to be the court which passed the decree, and all the provisions of that code as to execution of decrees shall apply accordingly;
Provided that no such warrant shall be executed by the arrest or detention in prison of the offender




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