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Bengal Presidency - Section

Section 382 in Police Regulations, Bengal , 1943

382. Fine warrant register.

(a)A register in B.P, Form No. 72 shall be kept for all warrants received by the police for realization of fines within the jurisdiction of the police-station. Every such warrant shall specify the time within which it shall be returned, which ordinarily shall not exceed six months. The police shall return the warrant in due time, whether the amount of the fine imposed, or any part of it, be realized or not. They shall not retain time-expired warrants in their possession or, after the warrant has been returned, pay any domiciliary visit to a defaulter with a view to the realization of any portion of the fine outstanding, unless fresh orders are issued for them to do so. Any enquiries they may make, when they have no warrant to authorize their action, shall be made only under the order of a Magistrate with a view to ascertaining whether there are grounds for the issue of a fresh warrant. Such enquiries shall not ordinarily be made by an officer of lower rank than a Sub-Inspector.
(b)If it appears that a defaulter can in all probability pay the amount of the fine outstanding against him, the police officer shall forthwith report the matter to the Magistrate having jurisdiction with a view to the issue of a warrant. In other cases he shall merely note "no assets" in the remarks column, dating the entry.
(c)When a fresh warrant (subsequent to the first) is obtained, it shall be entered in the register in red ink and be treated as a fresh entry, reference being made in the remarks column to the year and number of the original warrant.
(d)In the event of the death of a defaulter being reported, one final and formal enquiry shall be made as to whether he has left anywhere property of any kind.
(e)All fines realized shall be remitted with the returned warrant at once to the Magistrate's clerk in charge of the fine registers.
(f)The Magistrate shall call for the register of each police-station at least once a quarter, and have it compared with the fine registers of his Court. He shall also note that the police enquiries have been regularly made and properly recorded. The comparison shall never be made by the clerk in charge of the fine registers. It shall, when possible, be done by a Magistrate, or by some other of the Magistrate's clerks. The Magistrate shall pay special attention to the duty of bringing, irrecoverable fines imposed in his district or in another district to the notice of the District Magistrate concerned with a view to their remission and removal from the register.
(g)Entries in the station register regarding realization of fines imposed in other districts, or in a sub-division of the same district, shall be compared once a quarter with the Magistrate's cash-book.