chapter xviii -...
TRANSCRIPT
CHAPTER XVIII
EXECUTION OF SENTENCES AND ORDERS
Procedure to deal with the cases in which the accused has undergone the
imprisonment awarded in default of payment of fine
1. Attention of all the Courts is invited to the provisions contained in section 70 ofthe Indian Penal Code read with section 421 of the Code of Criminal Procedure, 1973,and the Rules framed by the Government of Maharashtra under section 421 (2), called“Criminal Procedure Code (Execution of warrants for levy of Fine and Determination,Claims to Property Attached) Maharashtra Rules, 1977”, regulating the manner in whichthe warrants for levy of fine issued are to be executed and for the summarydetermination of any claims made by any person other than the offender in respect of anyproperty attached in execution of such warrant, etc.(reporduced in Chapter VI of CriminalMannual).
In such cases, it is the duty of the Court under section 421 of the Code of CriminalProcedure, 1973, to find out whether there are any special reasons to issue a warrantunder the proviso and to issue the warrant where there are special reasons. Where thereare special reasons, such as discovery of property within the time specified, it is the dutyof the Court to proceed with the execution proceedings regarding the fine.
Even in the absence of special reasons, under the said section 421, it is the duty ofthe Court to pursue the execution of warrant or warrants issued under the said section,wherever the Court has made an order for the recovery of expenses or compensation outof the fine under section 357 of the Code of Criminal Procedure 1973. Where there issuch an order, the Court cannot just return the warrant to the Court issuing it, stating thatthe sentence of imprisonment in default of payment of fine has been undergone.
If, all the processes of law issued under the aforesaid provisions prove abortive,and the Court ultimately comes to the conclusion that the amount of fine is not
recoverable, the Court may write off the fine from the Fine Register after passing thenecessary orders in that behalf.
2. When an accused, who is sentenced to pay a fine, applies to the Court convictinghim that the amount of fine may be recovered from the amount deposited by him in suchCourt as security, the said Court shall make an order accordingly, and the amount of fineshall be recovered from the amount, if any, deposited as secutiry.
3. When any Court recovers a fine, or any portion thereof, inflicted upon a prisonerwho is already in jail, or who is liable to be further detained in jail in default of paymentof that fine, such Court shall immediately send a communication to the Jailor of theamount of the fine so recovered in the form given at the end of this chapter.
4. When a Court has committed a person to jail in default of payment of fine, andsuch person is subsequently transferred to another jail, the Superintendent of the formerjail shall at once notify the transfer to the Court.
5. The following rules are framed to provide for the execution of orders of Courts ofappeal, reference, or revision:
(i) Before signing the warrant, the Judges and Magistrates should see that completeorder and recommandations, if any, are incorporated in the warrant. In any case, thewarrant should not be prepared on the basis of the operative order of the oral judgment.
(ii) All the Courts should give immediate effect to the orders of the Supreme Court onreceipt by them directly from the Supreme Court or on production before them of thecertified copies of the orders of the Supereme Court, without waiting for formalendorsements thereon from the High Court, though the High Court would, as a matter ofprecaution, continue to send a copy of the order of the Supreme Court with itsendorsement thereon to the lower Court, when the same is received from the SupremeCourt,
(iii) When a sentence on a prisoner is reversed, or modified on appeal by a Court otherthan the High Court, a fresh warrant shall be issued by the appellate Court to the Officerin charge of the jail, and its order shall be communicated to the lower Court for record;Provided that when the appellate Court orders the retrial or committal for trial of aprisoner under section 386 of the Code of Criminal Procedure,1973, it shall communicate
its order to the Court whose decision has been reversed and that Court shall thereuponmake such orders as are conformable to the judgment or order of the appellate Court.
(iv) When an appeal is dismissed, or a sentence confirmed by an Appellate Court otherthan the High court, an intimation to that effect shall be sent to the Officer in charge ofthe jail by such appellate Court, and its order shall be communicated to the lower Courtfor record.
(v) When a case is decided on apepal, or revised by the High Court, the Court towhich the High Court certifies its order shall proceed, under the provisions of sectin 388or 405 of the Code of Criminal Procedure,1973, to issue, when necessary, a fresh warrantor order to the jailor.
(vi) On the rejection by the High Court of an appeal or application for revision from aprisoner in jail being communicated to the Court by which he was convicted, such courtshall at once cause intimation of the decision to be given to the prisoner.
(vii) In cases referred by the Court of Session for the confirmation of a sentence ofdeath by the High Court, the High Court will send a copy of its order to the Court ofSession, which shall then issue a warrant to the Officer in charge of the jail, as providedin section 413 of the Code of Criminal Procedure, 1973.
(viii) In all cases in which a sentence or order is modified or reversed, whether inappeal or revision, a separate warrant should be issued as regards each prisoner whosesentence has been so modified or reversed.
(ix)In all cases, the Superintendent of the jail shall acknowledge, by letter, the receipt ofany warrant, or order, or intimation, and shall inform the prisoner of the result of hisappeal or application; a report whereof shall also be made by him in his letter ofacknowledgeme
x) In all cases in which a fresh warrant has been issued whether in appeal or revision, thewarrant should be returned to the court issueing it when it has been fully executed.
xi)When the High Court either (1) sentences on appeal a person who has been acquitedby subordinate court, or (2) passes in revision a sentence involving reimprosonmentof a person who has already completed the terms of improsonment awareded by aSubnordinate court; (a) if the accused person appears, the high court will immediately
upon passing sentence of improsonment order the arrest of the convict, and a warrantwill be issued in the usual form, either to the keeper of the common jail in Bombay; orto the Officer in charge of same District Judge (generally that of Thane); andimmediate orders will thereopens be issued to the Sheriff fot the conveyance of theconvict to the place of improsonment, (b) if accused person does not appear; the HighCourts order will be sent to the Court by which the trial was held, and it willthereopens be the duty of such court to carry into effct the sentence or order of theHigh Court, in the same manner as if such sentence or order has been passed by itself.
xii)In cases were an Appellate courts has ordered a file inflicted by a Court of firstinstance to be refunded, the appellate court should forthwith certify its orders to theCourt of first instance, and the Court of first instance should, on receipt of AppellateCourts order for such refund of the fine, immediately prepare a refund order if the finehas been levied, and deliver it to payee, whether he applies for it or not. The Court offirst instance should at the same time accertain from the payee at what treasury or subtreasury he desires the refund to be made, and at once directs the Officers incharge ofsuch tresury or subtreasury to make th;e refund and inform the appellant of havingdone so. The Courts should invariably prepre at advice in the form given below andforwarded it to the Officer in charge of the treasury or the subtressury concernedindependentely (i.e. Separately by post or otherwise, but not attached to or enclosedwith the refund order or refund bill) to enable the said Officer to verify the amountreceipted by the payee on the refund order.
The officer in charge of the treasury or subtreasury should, on presentation of therefund order by the payee and on receipt of the advice from the court make the refundupon demand of the payee, as soon as he has furnished satisfactory proof of his identiywithout requiring the payee to furnish and official or certified copy of the appellateCourts order or Judgment or any other documents besides his bare application.
{ FORM BTR 38A on page 204}
6. The provisions of paragraph 5 shall ,in so far as they relate to the enforcementof orders passed by the High Court in its appellate or revisional jurisdiction , apply to orders passed by the Supreme Court in exercise of its appellate jurisdiction.
7. (1) The Jailor is the officer in charge of the Jail to whom the warrants for the execution of capital sentences should be addressed by the Sessions Courts.(2) Every execution of such sentence shall be attended by an Executive Magistrate deputed by the District Magistrate and the Officer so attending shall countersign the return of executior to be sent to the Court of Session.
8. Or the recipt from the High Court of the order of capital sentence, the Court of Session shall direct in the warrant addressed to the Jailor that the execution shall not be carried out until the day therein named. Such date shall not be earlier than 70 days and ordinarily not later than 80 days from the date of receipt of the order of the High Court.
9.1)When a sentence of death has to be carried into execution ,the Sessions Judgeshall make arrangements to secure the attendance thereat of an Executive Magistrate deputed by the District Magistrate, as specified in the foregoing paragraph 7, and in the warrant which the Sessions Court issues to the Jailor ,he shall be directed to carry out the execution in the presence of an Executive Magistrate.
(2)When sending a warrant for execution to the Jailor ,the Sessions Judge shallat the same time inform the Superintendent of the Jail of his having done so.
J 464114
(FORM BTR38A)
Form of advice of refund of fine to be furnished to the Treasury Officer.Name No.of Details of fine imposed and recovered Name of No.of Abstract Detailsof of the the the the of the refund Court Ori Name of the Amount of Amount of Court App orderof the gin Accused fine impo fine recov of eal of the NameAmountfirst nal sed ered. Appeal/ Revi App of the ofref instan pro or sion. Ellat Accund (ince. cee Revi e sed.Figures ding. Sion. Orand revis
words) ional Court. 1 2 3 4 5 6 7 8 910
(i) (i)(ii) (ii)(iii) (iii)(iv) (iv)
Notes (1) Against (i),(ii),(iii) etc. in columns 3 and 9 show the names of the accusedpersons concerned and in columns 4 ,5 and 10 the amount of fine imposed ,recoveredand to be refunded respectively against the persons concerned maintaining thesame serial order in columns 3 and 9 in regard to the accused persons.
(2)This pro forma should be forwarded to the Treasury Officer independently (i.e.Separately by post or otherwise ,but not attached to or enclosed with the refundbill.)
Signature of the Magistrate or theJudge (Vide High Court Notification No. P.2120/68,dated the 1st July 1969, published in theMaharashtra Government Gazette,part IVC at pages 710 and 711).
Mercy Petitions10.The following instructions regarding procedure to be observed by the States
for dealing with petitions for mercy from or on behalf of convicts under sentence of death and with appeals to Supreme Court and applications for special leave to appeal to that Court by such convicts are reproduced for convenience of reference:
PART A A. Petition for Mercy
I. A Convict under sentence of death shall be allowed ,if he has not already submitted a petition for mercy, for the preparation and submission of petition for mercyseven days after, and exclusive of, the date on which the Superintendent of Jailinformshim of the dismissal by the Supreme Court of his appeal or of his application for special leave to appeal to the Supreme Court: Provided that in cases where no appeal to the Supreme Court has been preferred or no application for special leave to appeal to the Supreme Court has been lodged, the said period of seven days shall be computed from the date after the date on which the period allowed for an appeal to the Supreme Court or for lodging an application for special leave to appeal to the Supreme Court expires.
II. If the convict submits a petition within the above period ,it shall be addressed:(a) in the case of the State to the Governor of the State (SadariRiyasat in the case of Jammu and Kashmir) and the president of India;(b) in the case of the Union Territories to the President of India ;
The execution of sentence shall in all cases be postponed pending receipt of their orders.
III.The Petitions shall in the first instance(a) in the case of the States be sent to the State Government concerned for consideration and orders of the Governor (SadariRiyasat in the case of Jammu and Kashmir )
If after consideration ,it is rejected ,it shall be forwarded to the Secretary to the Government of India Ministry of Home Affairs. If it is decided to commute the sentence of death, the petition addressed to the President of India shall be withheldand an intimation of the fact shall be sent to the petitioners;
Note: The Petition made in a case where the sentence of death is for an offence againstany law exclusively relatable to a matter to which the executive powers of the Unionextends, shall not be considered by the State Government but shall forthwith beforwarded to the secretary to the Government of India ,Ministry of Home Affairs.
(b) in the case of the Union Territories ,be sent to the Lieutenant Government / Chief Commissioner /Administration who shall forward it to the Secretary to the Government of India ,Ministry of Home Affairs ,stating that the execution has been postponed pending the receipt of the orders of the President of India.
IV.If the convict submits the petition after the period prescribed by Instruction Iabove, it will be within the discretion of the Lieutenant Governor/ChiefCommissioner/Administrator or the Government of the State concerned ,as the case may be, to consider the petition and to postpone execution pending such consideration and also to withhold or not to withhold the petition adressed to the President . In the following circumstances, however, the petition shall be forwarded to the Secretary to the Government of India ,Ministry of Home Affairs :(i) If the sentence of death was passed by the appellate Court on an appeal against the convict’ s acquittal ,or as a result of an enhancement of sentence by the Appellate Court, whether on its own motion or on an application for enhancement of sentence ; or J 464114a
(ii)When there are any circumstances about the case, which in the opinion of theLieutenant Governor /Chief Commissioner/Administrator or the Government of theState concerned, as the case may be ,render it desirable that the President should have an opportunity of considering it, as in case of a political character and those in which for any special reason considerable public interest has been arousedwhen the petition is forwarded to the Secretary to the Government of India,Ministry of Home Affairs ,the execution shall simultaneously be postponed pendingreceipt of orders of the President thereon.
V. In all cases in which a petition for mercy from a convict under sentence ofdeath is to be forwarded to the Secretary to the Government of India, Ministry of Home Affairs, the Lieutenanat Governor /Chief Commissioner /Administrator orthe Government of the State concerned , as the case may be, shall forward such petitionas expeditiously as possible along with the records of the case and his or its
observationsin respect of any of the grounds urged in the petition. In the case of the States , the Government of the State concerned shall, if it had previously rejected any petition addressed to itself or the Governor/SadariRiyasat also forward a brief statement of the reasons for the rejection of the previous petition or petitions.
VI.Upon the receipt of the order of the President ,an acknowledgment shall besent to the Secretary to the Government of India, Ministry of Home Affairs, immediately in the manner hereinafter provided . In the case of the Assam and the Andaman and Nicobar Islands, all orders will be communicated by telegram and the receipt thereof shall be acknowledged by telegram. In the case of other States and Union Territories, if the petition is rejected, the orders will be communicatedby express letter and receipt thereof shall be acknowledged by express letter Orderscommuting the death sentence will be communicated by express letter in the case ofDelhi and by telegram in all other cases and receipt thereof shall be acknowledged by express letter or telegram ,as the case may be.
VII.A petition submitted by a convict shall be withheld by the LieutenantGovernor/Chief Commissioner/Administrator or the Government of the State concerned, as the case may be, if a petition containing a similar prayer has already been submitted to the President . When a petition is so withheld ,the petitioner shallbe informed of the fact and of the reason for withholding it.
VIII.Petitions for mercy submitted on behalf of a convict under sentence ofdeath shall be dealth with ,mutatis mutandis, in the manner provided by theseinstructions for dealing with a petition from the convict himself . The Petitioner on behalf of a condemned convict shall be informed of the orders passed in the case. If the petition is signed by more than one person, it shall be sufficient to inform the first signatory. The convict himself shall also be informed of the submission of any petition on his behalf and of the orders passed thereon.
PART B.
B. Appeal to the Supreme Court and Applications for Special Leave to Appeal to the Supreme Court.
IX.Whenever a sentence of death has been passed by any Court or Tribunalthe sentence shall not be executed until after the dismissal of the appeal to theSupreme Court or of the application for special leave to appeal to the Supreme Court, or in case no such appeal has been preferred or no such application has been lodged,until after the expiry of the period allowed for an appeal to the Supreme Court or for lodging of an application for special leave to appeal to the Supreme Court:
Provided that, if a petition for mercy has been submitted by or on behalf of the convict , execution of the sentence shall further be postponed pending the orders of the President thereon.
Note: If the sentence of death has been passed on more than one person in the samecase and if an appeal to a higher Court or an application for special leave to appeal tothe Supreme Court is lodged by, or on behalf of , only one or more but not all of them ,the execution of sentence shall be postponed in the case of all such persons and not onlyin the case of the person or persons by whom, or on whose behalf ,the appeal or theapplication is lodged.
X. On receipt of the intimation of the lodging or an appeal to the Supreme Courtor of an application for special leave to appeal to the Court or of an intention to do so, the Lieutenant Governor /Chief Commissioner /Administrator or theGovern ment of the State concerned, as the case may be, shall forthwith communicate by telegram to the Government Advocate , Ministry of Law, and also to the Secretaryto the Government of India , Ministry of Home Affairs :
(i) the name of the convict under sentence of death , and(ii)Particulars relating to the appeal or the application.
If it is desired to oppose the appeal or the application ,three copies of the Paper Books and of the Judgment of the High Court or the Judicial Commissioner’ s Court or the Tribunal ,as the case may be (one copy of each being a certified copy), a power of attorney in the form prescribed by the Supreme Court and instructions, if any for the purpose of opposing the appeal or the application shall be immediately sent to the Government Advocate ,Ministry of Law; Notice of the intended appeal or application ,if and when served by or on behalf of the convict ,shall also be transmitted to him without delay. If the intended appeal or application is not lodged
within the period prescribed by the Supreme Court Rules, the Government Advocate shall intimate the fact by telegram to the Lieutenant Governor /Chief Commissioner/ Administrator or the Government of the State concerned, as the case may be. The execution of the sentence shall not thereafter be postponed , unless a petition for mercy has been submitted by or on behalf of the convict..
XI.If an appeal or an application for special leave to appeal has been lodged in theSupreme Court on behalf of the convict,the Government Advocate ,Ministry of Law,will intimate the fact to the Lieutenant Governor /Chief Commissioner /Administrator or the State Government ,as the case may be, and also to the Secretary to Government of India ,Ministry of Home Affairs. The Government Advocate ,Ministry of Law,will keep the aforesaid authorities informed of all developments in the Supreme Court,in those cases which present unusual features. In all cases, however ,he will communicate the result of the appeal or application for special leave to appeal ,to the Lieutenant Governor/Chief Commissioner/ Administrator or the State Government ,as the case may be, by telegram in the case of Assam and by an express letter in other cases ,endorsing a copy of his communication to the Secretary to the Government of India ,Ministry of Home Affairs. The Lieutenant Governor/Chief Commissioner/Administrator or the State Government ,as the case may be ,shall forthwith acknowledge the receipt of the communication received from the Government Advocate,Ministry of Law. A certified copy of the Judgment of the Supreme Court in each case will be supplied by the Government ,Advocate ,Ministry of Law in due courseto the Lieutenant Governor /Chief Commissioner /Administrator or the State Government, as the case may be, who shall acknowledge the receipt thereof . The execution of the sentence of death shall not be carried until after the receipt of the certified copyof the Judgment of the Supreme Court dismissing the appeal or the application for special leave to appeal and until an intimation has been received from the Ministry of Home Affairs about the rejection by the president of India , of the Petition for mercy submitted, if any ,by or on behalf of the convict.
11.An order of Government will be sufficient authority to the Superintendentof a jail to carry out a sentence of execution which has been postponed pending an appeal to Government. A fresh or amended warrant by the Judge is notnecessary.
12.Under the provisions of section 419 of the Code of Criminal Procedure ,1973,
warrants should invariably be directed to the Officerincharge of the jail in which the Prisoner is at the time of conviction ,or is to be confined immediately upon conviction.
Previously Convicted Offendrs
13.The following are among the rules under section 565(3) ,Criminal ProcedureCode,1898 ( Corresponding section 356(5) of the Code of CriminalProcedure,1973),made by the State Government:
(1)When a Court or Magistrate makes an order under section 565(1) of theCode of Criminal Procedure ,1898 (Corresponding Section 356(1) of the code of Criminal Procedure ,1973) (hereinafter referred to as “ the Code ” ). that the sentenced person ’s residence and any change of or absence from such residenceafter his release shall be notified ,such Court or Magistrate shall inform theSuperin
tendent of the Prison in which the convict is or is to be confined by attaching a copy of such order to the warrant issued under section 383 of the Code (Corresponding section 418 of the Code of Criminal Procedure ,1973). The Superintendent of police of the district wherein the offence for which the offender is convicted was committed shall also be informed of the order passed by such Court or Magistrate.
(2)On the release of the convict in accordance with the rules for release ofprisoners made by the State Government under clause (i) of section 60 of the Prisons Act,1894, the convict shall be taken by a Police Officer authorised in this behalf in Greater Bombay by the Commissioner of Police and elsewhere by the District Superintendent of Police, to the Officer incharge of the Police Station at the Headquaters of the district. The Officer incharge of that Police Station shallthereupon produce the convict before an Executive Magistrate authorised by the District Magistrate in this behalf . The Magistrate shall question the convict regarding his intended place of residence and explain to the convict the instructionswhich the said convict is bound to observe as well as the penalties attached to any infringement thereof. After satisfying himself that the convict understands the instructions, the Magistrate shall give the convict a copy of the instructions (Form‘ A ’ appended) duly filled in, obtain the convit’ s signature or thumb impression to a duplicate copy thereof and deliver the duplicate copy to the said Police Officer.The convict shall then be at liberty to proceed to his intended place of residence.
FORM “ A” ( Vide rule 2 above) Court of Whereas an order has been made by the-------------------------------------------------under Magistrate section 356(1) of the Code of Criminal Procedure ,1973, at the time of passing sentence on you, that you shall notify your residence and any change of or absence from such residence for a term of from the date of your release , and whereas you have notified your desire to reside in Village the ----------- of Police Station ...............................District...............................you are Town hereby directed to observe the following instructions:------
(1)Within 48 hours of your arrival at your residence you must report yourself,with this form, to the Officer-in-charge of the Police Station within whose jurisdic-tion your village is ...................situated viz.................................police Station.The said Police Officer will endorse on this form that you have given the requisite notification about taking up your residence.
(6)Youb shall not absent yourself from your place of residence for a period longer than 24 consecutive hours without previously notifying the fact to the Officer-in-charge of the said Police Station in the manner provided in the followingrules.
(10)If you disire to remain absent from your residence for a period longer than 24 consecutive hours, you must report yourself with this form to the Officer in-charge of the said Police Station and notify to him the place or placesl you will visit, and the period for which you will be absent . The said Police Officer
will endorse on this form that you have notified ,as required ,you intention to be absent. You must not remain absent beyond the period you have notified and, on your return, you must again report yourself within 48 hours to the Officer in-chaarge of the said Police Station and obtain his endorsement on this Form.
Note:- When the period of absence does not exceed one week, the village PolicePatil in the State is authorised to perform the functions of the Officer-in-charge of thePolice Station under this rule,.
(4)Whenever you are absent from your place of residence for a period exceeding24 consecutive hours, you must take this form with you and you must produce it for inspection on demand by any Police Officer.
(5)If you desire to change your residence permanently, you must appear with
this form before the Officer-in-charge of the Police Station within whosejurisdiction you reside and notify to him within a reasonable time before your departure your new place of intended residence, and the date and time of your departure.This said Police Officer will make the necessary endorsement on this from to showthat you have given the notice of your change of permanent residence.
(12)On arrival at your new place of residence, you must report yourself to the Officer-in-charge of the Police Station within whose jurisdiction your newresidenceis situated within 48 hours of your arrival, and present to him this form for his inspection and endorsement.
(16) You shall be subject to the above rules for a period of .................................years.(17) For any omission on your part to comply with the above rules, you will
be liable to simple imprisonment for a term which may extend to six months or to fine which may extend to Rs.1,000 or both.
Read over and explained to the convict.
(Signed),..........................
Dated
Magistrate. ( ) Signature Thumb impression of ex-convict.
[Reverse of Form ,“ A” ] Name of ex-convict...................ordered under section 356(1) of the Code of CriminalProcedure ,1973,to notify his residence for a period of.................................years from .....................................
Place ofresidence
Policestation
andDistrict
Timeand dateon which
the exconvictreports
hisarrival at
thepolice
Stationand
signatureof the
Officerin
charge ofthe
PoliceStation .
Period ofnotified
temporary
absenceand
places tobe visited
andsignature
of theOfficer
inchargeof PoliceStation.
Date andtime of
exconvictsreportafter
returnfrom
temporary
absenceand
signatureof the
Officerin
charge ofthe
PoliceStation .
Signature and
designation ofPoliceOfficer
to whomthe exconvictreportshimselfat anyplace
duringhis
temporary
absencetogetherwith thedate and
time .
Permanent
changeof
residence,date andtime of
departure ,and
signatureof the
Officerin
charge ofthe
PoliceStation .
Remarks.
1 2 3 4 5 6 7 8
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Maintenance Orders
14.The following rules framed by the Government of India under section 12 ofthe Maintenance Orders Enforcement Act,192 1 (XVIII of 1921) and in supersession of the Notification of the Government of India in the late Home Department No. F-120-22, dated the 22nd September 1923, are reproduced for the information and guidance of the Criminal Courts:-----
1.1)These rules may be called the Maintenance Orders Enforcement Rules, 1955.(2) They extend to the whole of India except the State of Jammu and Kashmir.(2) In these rules ,the expression “ the Act ” means the Maintenance OrderEnforcement Act,1921 (XVIII of 1921).(3) The Officer to whom copies of Maintenance order shall be sent under sub-section (1) of section 4 of the Act shall be, in the case of High Court, the Registrar of such Court and ,in the case of a Court of summary Jurisdiction ,the presiding Officer of such Court.
(4)When such copy is received by the Registrar or Officer, the contents thereofshall be entered in a register maintained for the purpose in the form shown in the Schedule to these rules.
(7)The notice referred to in sub-section (4) of section 6 of the Act shall be issued to the person who applied under sub-section (1) of that section ; it shall contain particulars of the further evidence which is required by the Court in the reciprocating territory ,and shall also state the date when the further evidence will be taken.
(12) The Officer of a Court of summary jurisdiction to whom the documents referred to in sub-section (1) of section 7 of the Act may be sent under the pro-visions of that sub-section shall be the presiding Officer of such Court.
(15)(1) When an order has been registered under rule 4, the party in whose favour the order has been made shall be entitled to appear ,either in person or by pleader or duly authorised agent, before the High Court or Court of summary jurisdiction in which the order has been registered or, as the case may be, before the Civil Court named by such High Court under sub-section (1) of section 8 of the Act, and to move such Court to enforce the order.(2) If within a period of one month from the date of the registration of the order, or ,as the case may be, of its transfer to the Civil Court named by the HighCourt no such appearance has been made ,the High Court ,Civil Court or Court of summary jurisdiction , as the case may be ,shall appoint an Officer of theCourt to apply for execution of the order, and such Officer shall be entitled to obtain
execution thereof on behalf of the person in whose favour order has been made,and shall pay into the Court any money realised in execution of the orders:
Provided that the appointment of such Officer shall cease to have effect in the event of the subsequent appearance under sub-rule (1) of the party in whose favour the order has been made.
(8)A Court of summary jurisdiction shall exercise in respect of a maintenanceorder registered or confirmed by it under the Act, the powers conferred on itby sub-section (3),excluding the provisos thereto, and sub-section(7) of section488of the Code of Criminal Procedure ,1898 ,in respect of an order passed by itunder sub-section (1) of that section [Corresponding section 125(3) and 126(3) ofthe Code of Criminal Procedure ,1973].
(14)(1) During the pendency of proceedings under the Act, or these rules with reference to a maintenance order made in reciprocating territory ,whethersuch order be provisional or otherwise , the person against whom the order hasbeen made shall without delay notify the Court in which such proceedings arepending
of any change in his address.(2)The Court shall at the outset of all such proceedings give notice to such
person of the obligation imposed by sub-rule (1).(10) The charges referred to in section 9 of the Act , and the sum in rupeesrequired for the purpose of a draft for the amount of the sum awarded as main-tenance in sterling or other non-rupee currency shall be assessed by the Court at the time of the registration or confirmation of the order., as the case may be , and any sum recovered in excess as a result of such assessment from the person against whom the order has been made shall be refunded to such person.
(11)Any payment required by a Court to be made in respect of a maintenanceorder registered or confirmed by it shall be made through the Court unless the Court otherwise directs.
(14) A Court recovering any sum on account of maintenance in accordance with a maintenance order registered or confirmed by it under the Act shall forthwithcause the said sum to be remitted by local head office or branch of the State Bankof India, or ,where there is no such local head office or branch by any other agency which the Court considers suitable , to the clerk of the Court from which the order has been received or such other Officer or person as may be specified by
that Court for that purpose.(21)(1) For every summons requiring the attandance of a witness or the pro-
duction of a document which is issued by a Court of summary jurisdiction in the course or proceedings under section 6 or 7 of the Act, there shall be chargedto the person at whose instance the summons is issued such fee as would be char-geable for the issue of a like summons in a proceeding under section 488 of the Code of Criminal Procedure 1898 ( Corresponding section 125 of the Code of Criminal Procedure ,1973.
(2)For any process issued in the course of proceedings taken in pursuance ofsection 8 of the Act, there shall be chargeable , in the case of proceedings in aHigh Court or a subordinate Civil Court named by High Court, such fee as would be chargeable for the issue of a like process in the course of the execution of adecreeof such Court, and in the case of proceedings in a Court of summary jurisdiction such fee as would be chargeable for the issue of a like process in the course of proceedings under section 488 of the Code of Criminal Procedure ,1898(Corresponding section 125 of the Code of Criminal Procedure,1973.).
(10)Fees of the nature referred to in sub-rule (2) shall not be chargeable in advancebut the amount thereof shall be added to the amount to be recovered from theperson against whom the order has been made.
(12)The amount of the actual expenditure incurred in sending a certified copy of therecord to the Central Government under sub-section (6) of section 7 of the Actand its subsequent transmission to the Court which made the provisional order,shall be recovered from the applicant for the recession or variation of that orderas confirmed, and the confirming Court may decline to send the copy fortransmission under the probable amount of such expenditure has been depositedby the application: Provided that any excess of an amount so deposited over theactual expenditure shall be refunded to the applicant.
14.When a Court of summary jurisdiction has under sub-section (4) of section 7 of theAct confirmed with or without modifiction a provisional maintenance order made by aCourt in reciprocating territory or has decided not to confirm such order, notice ofsuch confirmation or decision, as the case may be, shall be sent to the Court fromwhich the order issued and to the Central Government.
SCHEULE(Referred to in Rule 4)
Register of maintenance orders made by Court outside India, for enforcement in India (except the State of Jammu and Kashmir)
Serial Name of the Court Nature of the Name and address Amount No. making the order order with of the person against recoverable particulars as whom the order is to parties. Made.
Date of order Date of receipt Date of issue Dates of recovery Date of despatch of the order by of notice of of any amount of money for court in India order due under the remittanceunder order rule 12.
(Notification No.S.R.O. 1618, dated the 25th July 1955
15.In Supersession of the previous notification in this behalf, the Government of Indiahave made reciprocal arrangements in regard to the enforcement of Maintenanceorders under section 3 of the Maintenance orders Enforcement Act, 1921 (XVIII of1921) in respect of the following Countries.:--
Name of the Country Government Authority(Government of
India Ministry of law.).
------------------------------------------------------------------------------------------------------------------1. Australian Capital Territory ... Notification No.G.S.R.,27 dated 13th
Feburary,1958.2. Northern Territory of ... Notification No. G.S.R.28 dated 13th
Australia Feburary,1958.3. Western Australia ... Notification No. G.S.R.1193 dated 10th
December 1958.
4. Union of Burma ... Notification No. S.R.O.673 dated 16th March ,1956.
5. British Protectorates of Basu- ... Notification No.S.R.O.2725 dated 26th tiland,Bechuanaland and August,1957.Swaziland.
6. Ceylon ... Notification No. G.S.R.1008 ,dated 20 th October,1958.
7. Territory of Coeos (Keeling) ... Notification No. G.S.R. 29 dated 13th
Islands. Feburary,1958.8. Colony and Protectorate of ... Notification No. S.R.O.818 , dated 4th
Kenya. March,1954.9. Federation of Malaya. ... Notification No. S.R.O.1869,dated 27th
August,1955.10.Colony of Mauritius .... Notification No. S.R.O . 3389,dated 6th
November,1954.11.Nyasaland ..... Notification No.S.R.O. 3523Dated 16th
November,1955.12.Northern Rhodesia .... Notification No. S.R.O.,6 dated 23rd
December,1954.13.Southern Rhodesia ..... Notification No. S.R.O.1075 dated 8th
May,1956.14.Colony of Sarawak .... Notification No.S.R.O.1891,dated 27th
August,1956.15.Colony of Seychelles .... Notification No.S.R.O.,2 ,dated 21st
December,1954.16.Somaliland Protectorate .... Notification No.S.R.O.3425,dated 8th
November,1954.17.Singapore .... Notification No.G.S.R.,1224,dated 9th
July,1971.18.Uganda Protectorate .... Notification No.S.R.O.,2411,dated 16th
July 1954.19.Zanzibar Protectorate .... Notification No.S.R.O.,3127,dated 24th
September,1954.
20.England and Ireland .... Notification No. F.120 ,dated 6th
March 1922.
21.Colony of Straits Settlements .... Notification No.F.863-24,dated 11th
December,1924.22.Isle of Man .... Notification No.G.S.R.,1005,dated 4th
July,1964.23.Fiji .... Notification No.G.S.R.,1224,dated 12th
July,1971.
Intimation of the recovery of fine of the undermentioned convicts sentencedby......................
Taluka................................District................(vide para 3 Chapter XVIII of CriminalManual 1980.
Nameof the
convict
Date ofsentenc
e
Offence Sentence withfine
Theamountof finepreviou
slyrecover
ed.
Finenow
recovered.
Date onwhich
thepresentfine has
beenrecover
ed.
Totalfine
recovered
Remarks
Rs. Ps. Rs. Ps. Rs. Ps.
No. of 19.Taluka.....................District..................