The following rules have been made under sub-section (2) of Section 386 of the Code.(1)Under sub-section 1(a) of Section 386 of the Code it is in the discretion of the Court passing a sentence of fine to issue a warrant for the levy of the amount by attachment and sale of movable property belonging to the offender although the sentence provides for his imprisonment in default. The warrant may be issued only by the Court by which the offender is sentenced, i.e., by the Judge or Magistrate who passes the sentence or by his successor in office (see Section 389).(2)Every warrant issued under Section 386, sub-section (1), clause (a) shall be directed for execution to the Tehsildar within whose jurisdiction the offender resides.(3)If the fine is imposed by a Court of Session, the Judge should, in the absence of any special direction to the country in the law under which the fine is imposed, direct the warrant to the District Magistrate, who will endorse it to the Tehsildar to whom he would direct such a warrant if he issued it himself.(4)All warrants addressed to or issued by a Tehsildar shall be executed by the staff of revenue persons attached to the tehsil. Peons are prohibited from receiving any money tendered by an offender and must in every case, as far as possible, execute the warrant entrusted to them, leaving the defaulter to make his own arrangements for paying the amount due before the sale takes place under sub-rule (5).(5)(i)Except in the case of perishable property at least a week shall ordinarily be allowed to elapse between attachment and sale, so as to give lime for notice of the intended sale to reach those interested.(ii)If the attachment is objected to, the objection should be summarily inquired into and disposed of by the officer executing the warrant either by admitting the claim or by referring the objector to a civil action if his claim seems prima facie groundless. In the latter case the sale of the property seized shall be stayed for such time as may appear reasonable in order to give to objector an opportunity of establishing his right. If, however, the nature of the property is such that an immediate sale would be for the benefit of the owner, the sale shall be effected and the proceeds shall be held in deposit for such time as aforesaid.(iii)Sales shall ordinarily be effected by auction, and on fixed days, preferably bazar days, at the Tehsildar's or any Magistrate's Court, during the hours of public business.(iv)The amount of fine is fully levied when the gross sale-proceeds equal such amount, and any expense attendant on the attachment and sale shall form a per contra charge against revenue from fines.(6)When a Tehsildar has realized a fine or part of a fine in the manner above provided, he shall forthwith dispose of it in the manner prescribed for the disposal of fine's and return the warrant to the Magistrate who issued it with an endorsement that he has done so. In the endorsement shall be noted the date of payment into the treasury and the number of the treasury receipt. If the offender is in jail, the Magistrate shall at once notify the payment to the superintendent of the jail. The necessary entries shall then be made by the Magistrate in the fine registers and the warrant shall be attached to the file of the case.(7)The District Magistrate to whom a warrant has been directed by a Court of Session shall, on return of the warrant by the Tehsildar, at once forward the warrant to the Court of Session, and, if the offender is in jail send the requisite intimation to the superintendent of the jail where the offender is confined, noting on the warrant that he has done so.
