Section 10 in The Punjab Security of State Act, 1953
10. [ Imposition of collective fine on inhabitants of an area. [Substituted by Haryana Act No. 20 of 1969.]
- If on account of the commission, attempt to the commission or abetment of all or any of the offences specified in Chapter 8 Sections 187 to 190, 212, 302, 304, 323 to 326, 332, 379, 380, 390 to 402 and 436 Chapter 22 of the Indian Penal Code, 1860 (45 of 1860), the State Government is satisfied that circumstances exist which render it necessary to take immediate action for the maintenance of public order or for preventing danger to life or property of the people of the State or of the area in particular, or for the maintenance of services or supplies essential to the life of the community, it may, by notification, impose such collective fine on all or such inhabitants of the said area as it thinks fit on the materials available regarding their connection with any of the offences mentioned in this sub-section.](2)The notification made under sub-section (1) shall be proclaimed in the area by beat of drum or in such other manner as the State Government may think best in the circumstances to bring the declaration to the notice of the said inhabitants.(3)(a)The District Magistrate shall, after such enquiry as he may consider necessary, apportion the fine imposed under sub-section (1) among the said inhabitants according to his judgment of their respective means.(b)In making any such apportionment the District Magistrate may assign a portion of such fine to an undivided Hindu family to be payable by it :Provided that the fine apportioned to an inhabitant under this sub-section shall not be realised until a petition, if any, filed by him under sub-section (4) is not disposed of.(4)(a)Any person aggrieved by the imposition of the fine under sub- section (1) or by the order of apportionment under sub-section (3) may, within the period prescribed by the State Government, file a petition before the District Magistrate for being exempted from such fine or for modification of the order of apportionment :Provided that no fee shall be charged for filing such petition.(b)The District Magistrate may at any time transfer the petition for disposal to any officer subordinate to him not below the rank of a Sub- Divisional Magistrate.(c)After giving the petitioner a reasonable opportunity of being heard, the District Magistrate or the officer to whom the proceedings is transferred under clause (b) may pass such order as he considers fit :Provided that the amount of fine exempted or reduced under this sub-section shall not be realisable from any person and the total fine imposed on the inhabitants of the area under sub-section (1) shall be deemed to have been reduced to that extent.(5)An appeal, preferred within the period prescribed by the State Government, from an order under sub-section (4) shall lie -(i)When such order is made by the District Magistrate to the Commissioner of the Division; and(ii)When such order is made by any officer subordinate to the District Magistrate, to the District Magistrate :Provided that no appeal shall be entertained unless fifty per centum of the fine payable in accordance with the order under sub-section (4) has been paid and the memorandum of appeal is accompanied with a proper receipt showing such payment :Provided further that no fee shall be charged for filing such appeal.(6)An order passed under sub-section (1) or sub-section (2) where no petition has been filed under sub-section (3) or an order under sub-section (4) if not appealed against, and an order passed on appeal under sub-section (5) shall be final.(7)The portion of such fine payable by any person (including a Hindu undivided family) may be recovered -(a)in the manner provided by the Code of Criminal Procedure, 1898 (V of 1898), for the recovery of fines imposed by a Court, as if such portion were a fine imposed by the District Magistrate acting as a Court; or(b)as arrears of land revenue.
