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[Cites 0, Cited by 6] [Entire Act]

Union of India - Section

Section 6 in THE BOMBAY PUBLIC SECURITY MEASURES ACT, 1947

6. Imposition of collective fine

(1)If the Provincial Government is satisfied that the inhabitants of any area are concerned in the commission or abetment of offences affecting the public safety or the maintenance of public order, or the maintenance of supplies or services essential to the life of the community or are harbouring persons concerned in the commission of such offences, or are failing to render all the assistance in their power to discover or apprehend the offender or offenders, or are suppressing material evidence of the commission of such offences, the Provincial Government may, by notification in the Official Gazette, impose a collective fine on the inhabitants of that area.
(2)Any officer empowered in this behalf by the Provincial Government by general or special order may exercise the power conferred by sub-section (1) on the Provincial Government.
(3)The Provincial Government may make rules prescribing the manner in which an order made by an officer empowered under sub-section (2) shall be published.
(4)The Provincial Government or any officer empowered under sub-section (2) may exempt any person or class or section of such inhabitants from liability to pay any portion of any fine imposed under this section.
(5)The officer empowered under sub-section (2), or if there is no such officer, the Commissioner of Police, or the District Magistrate, or the Additional District Magistrate, as the case may be, shall, after such enquiry as he may deem necessary, apportion such fine in such manner as is deemed proper among the inhabitants who are liable collectively to pay it.
(6)In any such apportionment the officer empowered under sub-section (2) or the Commissioner of Police or the District Magistrate or the Additional District Magistrate may fix the fine to be paid by a Hindu undivided family.
(7)The fine payable by any person (including a Hindu undivided family) may be recovered?
(a)in the manner provided by the Code for the recovery of fines imposed by a Court, as if such fine were a fine imposed by a Court:
Provided that the Provincial Government may, in lieu of the rules referred to in sub-section (2) of section 386 of the Code, make rules under this Act regulating the manner in which warrants, under clause (a) of sub-section (1) of the said section 386 are to be executed for recovering the fine imposed Under this section, and for the summary determination of any claims made by any person other than the person liable to pay the fine in respect of any property attached in execution of the warrant; or
(b)as arrears of land revenue.
[9][(8) The Provincial Government or the officer empowered under subsection (2) or if there is no such officer, the Commissioner of Police, the District Magistrate or the Additional District Magistrate, as the case may be may after making such enquiry as may be deemed necessary, refund either wholly or in part any fine paid by, or recovered from, any person under this section.]