CODE OF CRIMINAL PROCEDURE (GUJARAT AMENDMENT) ACT, 1963
GUJARAT ACT NO. L OF 1963.
[First published, after having received the assent of the President in the Gujarat Government Gazette on the 15th November 1963.].
An Act further to amend the Code of Criminal procedure, 1898, in its application to the State of Gujarat.
It is hereby enacted in the, Fourteenth Year of the Republic of India as follows:—
Short title.
1. This Act may be called the Code of Criminal Procedure (Gujarat Amendment) Act, 1963.
V of 1898.
Amendment of section 514 of Act, V of 1898.
2. In section 514, the Code of Criminal Procedure, 1898, in its application to the State of Gujarat, (hereinafter referred to as “the said Code”), for sub-sections (2) (3) and (4), the following shall be substituted, namely:—
Amendment of Section 514 of Act, V of 1898
“(2) If sufficient cause is not show and the penalty is not paid, the Court may proceed to recover the same in either or both of the following ways, that is to say, it may—
(a) issue a warrant for the levy of the amount by attachment and sale of any moveable property belonging to such person;
(b) issue a warrant to the Collector of the District authorising him to realize the amount by execution according to civil process against the moveable or immoveable property, or both, of such person.
(3) The State Government may make rules regulating the manner in which warrants under sub-section (2), clause (a), are to be executed and for the summary determination of any claims made by any person other than the person bound by the bond in respect of any property attached in execution such warrant.
V of 1908.
(4) Where the Court issues a warrant to the Collector under sub-section (2) clause (b), such warrant shall, be, deemed to be a decree, and the Collector to be the decree-holder, within the meaning of the Code of Civil Procedure 1908, and the nearest Civil Court by which any decree for a like amount could be executed shall, for the purposes of the said Code, be deemed to be the Court which all provisions of Code as to execution of decrees shall apply accordingly:
Provided that no such warrant shall be executed by the arrest or detention in prison, of the person, so bound.
(4A) If such penalty is not paid and cannot be recovered in the manner stated if sub-section (2), the person so bound shall be liable, by order of the Court which ordered the payment of the penalty, to imprisonment in the civil jail for a term which may extend to six months,”.
Amendment of Schedule II to Act V of 1898.
3. In Schedule II to the said Code, in column 5,—
(a) in the entry relating to section 324, for the word “Ditto” the words “Notbailable” shall be substituted;
(b) in the entry relating to section 325, for the word “Ditto” the word “Bailable”; shall be substituted.
Amendment of Schedule V to Act V of 1898.
4. In Schedule V to the Said Code,—
(a) in Form XLIII, for the words “by attachment and sale of moveable property of his” the words, brackets and figures “in the manner stated in sub-section (2) of section 514 of the Code of Criminal Procedure, 1898” shall be substituted;
(b) in each of Forms LI and LIII, for the words “by attachment of his movable property” the words, brackets and figures “in the manner stated in sub-section (2) of section 514 of the Code of Criminal Procedure, 1898 shall be substituted. |
