82. [] [Rules 84 to 86 renumbered as Rules 81 to 83 by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.] Register of fines.
- The register of fines, compensations, deposits, penalties and fees, shall be in Form No. 2 (Part IX, No. 78). A fresh page shall be begun each month as provided in Rule [84] [Substituted by Notification No. 504/V-b-13, dated 27th August, 1983, published in U.P. Gazette, Part II, dated 5th November, 1983, pages 55-58.], A separate line shall be given to each person ordered to make any payment, even if two or more persons are subject to the same order in the same case. Tire entries in columns 1 to 7 shall be made as soon as the order is made. The entry' in Column 8 shall be made as soon as the warrant is issued. The entries in Columns 9, 10, 11 and 12 shall be made as soon as payment is made or the Court is informed thereof. These entries shall be checked and initialled by the Presiding Officer. He shall compare the amount entered in the cheque receipt book with that entered in the treasury receipt and also with the amount entered in column 6 of this register. In column 17 shall be made a note of the manner of credit of every' fine that is not simply credited to Government ; a note to the exact nature of every sum, other than a fine, entered in Column 6; and a note of the section and the law under which every' sum entered in Column 7 is awarded, and a clear statement whether it is intended as compensation or reimbursement, or reward. When a deposit in lieu of executing a bond has been made and has been entered in this register and an order is passed for its forfeiture a fresh line shall be given to the entry of the penalty, and entries made thereon as far as Column 6, as soon as the order is passed; and at the same time a note of the forfeiture and of the annual serial number of the entry of the penalty shall be made in Column 17 against the entry of the deposit. On receipt of information from treasury that the deposit has been credited to Government, Columns 9 to 12 of the entry of the penalty shall be filled up.[In addition to the aforesaid, Register of fines shall also be maintained electronically and be made available online, if the District Court has adequate infrastructure in this behalf.] [Inserted by Notification No. 1255/VII-Nyaya-2-2018-91G-2018, dated 14.8.2018 (w.e.f. 3.11.1956).][ [83] [Rules 84 to 86 renumbered as Rules 81 to 83 by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. Irrecoverable amounts.- A Sessions Judge or a District Magistrate or a Chief Metropolitan Magistrate or a Chief Judicial Magistrate, and with the written permission of the District Magistrate or the Chief Metropolitan Magistrate or the Chief Judicial Magistrate, as the case may be, a Magistrate subordinate to such District Magistrate or Chief Metropolitan Magistrate or Chief Judicial Magistrate, may at any time write-off as irrecoverable any amount of which payment has been ordered in his Court or in the Court of his predecessor in office, if it appears to him that the amount cannot be recovered :Provided that the sanction of the District Magistrate or the Chief Metropolitan Magistrate or Chief Judicial Magistrate is unnecessary when the ground for remission of the fine is that the offender has undergone all imprisonment awarded by the Court in default.]Note. - For the purposes of this rule the term "Sessions Judge" shall be deemed to include an Additional or Assistant Sessions Judge.[84] [Rules 87 to 90 renumbered as Rules 84 to 87 by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. Monthly certificate on register of fine.- At the end of every month the Presiding Officer of each Court shall certify on the register of fines, compensations, deposits, penalties and fee, that he has examined all outstanding items that seem capable of realisation and has taken proper steps in each case.The first entries on the next page, before any entry of an order made in the next month is made, shall be of all the outstanding items in detail of the previous months, which remained unrealized or were not written-off.[85] [Rules 87 to 90 renumbered as Rules 84 to 87 by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. Statement of fines, etc.- A monthly return of all amounts realized by Criminal Courts as fines and credited as required by law to a Municipal [or Corporation] [[Added by Notification No. 504/V-b-13, dated 27th August, 1983, published in U.P. Gazette, Part II, dated 5th November, 1983, pages 55-58.Now Municipal Council, vide U.P. Act 18 of 2001, Section 2.]] fund, shall be transmitted to the Municipal Board [or Corporation] [[Added by Notification No. 504/V-b-13, dated 27th August, 1983, published in U.P. Gazette, Part II, dated 5th November, 1983, pages 55-58.Now Municipal Council, vide U.P. Act 18 of 2001, Section 2.]] concerned.The return shall be made in Form (Part IX, No. 77).[86] [Rules 87 to 90 renumbered as Rules 84 to 87 by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. Record-keeper not to receive record till receipt of payment of fine is filed or non-payment accounted for.- The record-keeper shall not take delivery of the record of any case in which any payment of money has been ordered, unless there be filed therein an acknowledgement of its receipt by the officer-in-charge of the treasury or sub-treasury or other person entitled to receive the money, or a report signed by the Presiding Officer of the Court accounting for non-payment. Such report shall ordinarily be made and the record transmitted to the record-room, on receipt of the return to the first warrant issued for the recovery of the money.[87] [Rules 87 to 90 renumbered as Rules 84 to 87 by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. Warrant to be filed after execution.- When a warrant or an order upon which a sentence is executed is returned after execution to the Court from which it was issued, the Court shall send it to the record-room [of the District Magistrate or the Sessions Judge, as the case may be,] [Added by Notification No. 504/V-b-13, dated 27th August, 1983, published in U.P. Gazette, Part II, dated 5th November, 1983, pages 55-58.] to be filed with File A of the record of the case to which it belongs.
