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State of Madhya Pradesh - Section

Section 365 in Criminal Courts - Rules and Orders

365.

(1)Fines other than fines referred to in subsequent parts of this rule imposed and realized by officers acting magisterially should be taken in the treasury account to the Head "XXI-Administration of Justice-General Fees, Fines and Forfeitures-Magisterial fines". Fines imposed and realised from accused persons by Sessions Courts should be credited into the treasury under the Head "XXI-Administration of Justice-General Fees, Fines and Forfeitures- Other items."
(2)The provisions of certain existing Acts, specified in the list appended to this sub-rule, which allocated to a particular purpose the fines or penalties imposed under those Acts were omitted by the Government of India (Adaptation of Indian Laws) Order, 1937. With effect from the 1st April 1939, no fine should be credited to any local or other fund. The nature of the receipt which till the 31st March, 1939 were allocated to local bodies but which are not to be credited to local funds with effect from the 1st April 1939 is specified in column (2) of the list. Fines specified in the second column of the list should be credited to Government under the heads of account specified in column (3) of the list. Under the Central Provinces and Berar Grant-in-aid to Local Bodies Act, 1939, the Provincial Government will make to local bodies a grant-in-aid approximately equal to the income lost by the credit to Government of fines formerly assigned to such local bodies. To facilitate the administration of the above decision the following procedure shall be followed in dealing with such fines.
(3)Subject to deductions under Section 545 of the Code all fines realized by courts should be paid into the treasury with challans in triplicate in Form No. 5 of Schedule V. The major, minor and detailed heads to which the fines are to be credited as shown in the list should be entered in the challan. Of the two copies of the challan received back from the treasury one copy should be retained in Court and the other sent to the local body to which the fine would have been assigned but for the changes referred to in sub-rule (2).List of Acts referred to in sub-rules (2) and (3)
Title of the Act Nature of receipts at present credited to localbodies Head of account under which the receipts incolumn (2) should be credited to Government account
(1) (2) (3)
(1) The Indian Police Act, 1861. Fines realized under Section 34 of the Act. Major head-XXI-Administration of Justice. Minor head-GeneralFees, Fines and Forfeitures. Detailed head-Fines realized underSection 35 of the Indian Police Act, 1861.
(2) The Public Gambling Act, 1867. Fines realized under the Act Major and Minor head-As for (1) above. Detailed head-Finesrealized under the Public Gambling Act, 1867.
(3) The Hackney Carriage Act, 1879. Do Major and Minor hear-As for (1) above. Detailed head-Finesrealized under the Hackney Carriage Act, 1879.
(4) The Vaccination Act, 1880. Do Major and Minor head -As for (1) above. Detailed head-Finesrealized under the Vaccination Act, 1880.
(5) The Prevention of Cruelty to Animals Act, 1890. Do Major and Minor Head-As for (1) above. Detailed head-Finesrealized under the Prevention of Cruelty to Animals Act, 1890.
(6) The Central Provinces Village Sanitation and Public ManagementAct, 1920. Do Major and Minor head-As for (1) above. Detailed head-Finesrealized under the Central Provinces Village Sanitation andPublic Management Act, 1920.
(7) The Central Provinces Village Panchayat Act, 1920 Fines realized under Section 22 and fees levied under Sections41 and 38 of the Act. Major and Minor head-As for (1) above. Detailed head-Fees andfines realized under the Village Panchayat Act, 1920.
(8) The Central Provinces Primary Education Act, 1920. Fines realized under the Act. Major and Minor head -As for (1) above. Detailed head-Finesrealized under the Central Provinces Primary Education Act, 1920.
(9) The Central Provinces Local Self-Government Act, 1920. Do Major Minor head-As for (1) above. Detailed head-Finesrealized under the Central Provinces Local Self-Government Act,1920.
(10) The Central Provinces Municipalities Act, 1922. Do Major and Minor head-As for (1) above. Detailed head-Finesrealized under the Central Provinces Municipalities Act, 1922.
(11) The Central Provinces Cotton Market Act, 1922. Fines and damages recovered under the Act. Major and Minor Head-As for (1) above. Detailed head-Fines anddamages recovered under the Central Provinces Cotton Market Act,1922.
(12) The Nagpur Improvement Trust Act, 1936. Fines realized under the Act. Major and Minor head-As for (1) above. Detailed head-Finesrealized under the Nagpur Improvement Trust Act, 1936.