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Union of India - Section

Section 41 in The National Cadet Corps Rules, 1948

41. Recovery of fines -

The person authorized award a fine under rule 40 shall take the following steps for recovery of the fine :-
(1)He shall inform the offender that a fine up to a specified amount has been awarded to him and shall call upon him to pay it at once or within a period of time not exceeding 21 days from the date of the award.
(2)He shall immediately inform the Principal of the college or the Headmaster of the school to which the offender belongs that a fine of a specified amount has been awarded to the offender, the time limit allowed to the offender for payment of the amount of fine and shall request the Principal or the Headmaster as the case may be that the fine be collected from the offender within the specified time.
(3)The Principal of the college or the Headmaster of the school to which the offender belongs shall thereupon take such action as is customary in the college or school to recover the total amount of the fine imposed on the offender, if the offender fails to pay the specified amount within the time allowed to the offender.
(4)The Principal or the Headmaster shall send an intimation in writing to the appropriate authority regarding the action which he is taking to recover the fine, if it has not been paid within the time allowed to the offender. The Principal or the Headmaster may allow additional time, not exceeding 14 days, from the date of expiry of the time allowed to the offender by the person making the award, for payment of the fine.
(5)If the offender fails to pay the fine within the time allowed by the Principal or the Headmaster, the Principal or the Headmaster shall make a report to the appropriate authority.
(6)On receipt or a report, the appropriate authority shall send a certified copy of the award to the District Magistrate or the Chief Presidency Magistrate as the case may be, having jurisdiction in the area in which the fine has been imposed.
(7)On receipt of a certified copy, the District Magistrate or the Chief Presidency Magistrate, as the case may be, shall recover the fine in accordance with the provisions of the Criminal Procedure code, 1898, as if it has been imposed by him and shall remit the amount recovered to the officer concerned.
(8)On realization of the fine from the offender, the officer concerned shall credit the amount to the State Government.Explanation.- In this rule, the expression "appropriate authority" means:-
(1)[ In the case of college, the Secretary of the Department governing the National Cadet Corps organisation in the State or the Vice-Chancellor of the university or the Director of Public Instruction, or the Head of the Department controlling a particular college or institution, empowered in this behalf by the State Government.] [Substitued by S.R.O. 290, dated 4th July, 1952, Part II, Section 4, page 261]
(2)In the case of school-
(a)where a school is under the jurisdiction of a District Inspector of Schools, such Inspector,
(b)in any other case, such Educational Authority as may be specified in this behalf by the State Government.