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The West Bengal Collective Fines Act, 1950

West Bengal · state statute
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West Bengal Act XXXIX of 1950 
THE WEST BENGAL COLLECTIVE FINES ACT, 1950. 
[Passed by the West Bengal Legislature" 
West Ben. 
Ord. XIII 
of 1950. 
[Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 1st November, 1950.] 
An Act to provide for the imposition of collective fines. 
WHEREAS it is expedient to provide for the imposition of 
collective fines in-connection with acts prejudicially affecting 
the maintenance of public order ; 
It is hereby enacted as follows :- 
1. (1) This Act may be called the West Bengal 
tive Fines Act, 1950.- Conn- Short title 
and corn- 
1210/100 
ment. 
(2) It shall come into force immediately on the West 
Bengal Collective Fines Ordinance, 1950, ceasing to 
operate. 
2. (1) If it appears to the -  State Government that the 
inhabitants of any area are concerned in or abetting the 
commission of acts prejudicially affecting the maintenance 
of public order (which expression "public order" shall, 
without prejudice to the generality of its meaning, include 
public safety and communal harmony) or are harbouring 
persons concerned in the commission of such acts, or are 
failing to render all the assistance in their power to discover 
or apprehend such persons, or are suppressing material 
evidence of the commission of such acts, the State Govern-
ment may, by notification in the Official Gazette, impose 
a collective fine on the inhabitants of that area. 
(2) The State Government or any officer empowered in 
this behalf by the State Government may, by genera] or 
special order, exempt any person or class or section of such 
inhabitants from liability to pay the whole or any part of 
the fine apportioned to them. 
(3) The Commissioner of Police in Calcutta and the Dis-
trict Magistrate elsewhere after such enquiry as he may 
deem necessary by himself or some other officer deputed for 
the purpose, shall apportion such fine amongst the inhabit-
ants who are liable collectively to pay it and such apportion-
ment shall be made according to the judgment of the 
Commissioner of Police, Calcutta, or the District Magistrate, 
as the case may be, of the respective means of such 
inhabitants. 
(4) The portion of such fine payable by any person may 
-be recovered— 
Imposi-
tion of 
collective 
fine on in-
habitants 
of area. 
Act V of 	 (a) in the manner provided by the Code of Criminal 1898. 
Procedure, 1898, for the recovery of fines im-
posed by a Court : 
Provided that the State Government may, in lieu of the 
rules referred to in sub-section (2) of section 386 of the Code of Criminal Procedure, 1898, make 
rules under this Act regulating the manner in 
Price—Indian, annas 	 English, 3d. 
2 	 The West Bengal Collective Fines Act, 1950. 
(Sections 3-5.) 
[ West Ben. Act XXXIX at 1950. ] 
which warrants under clause (a) of sub-section CO 
of the said section of the said Code are to be 
executed, and for the summary determination of 
any claims made by any person other than the 
person liable to pay the fine in respect of any 
property attached in execution of the warrant; or 
(b) as arrears of land revenue. 
Explanation.—For the purposes of this section—. 
(a) the expression "Calcutta" means the town of 
Calcutta as defined in section 3 of the Calcutta 
Police Act, 1866, together with the suburbs of 
Calcutta as defined by not ification under sec-
tion 1 of the Calcutta Suburban Police Act, 1866; 
(b) the expression "inhabitants of an area" includes 
persons who themselves or by their agents or 
servants occupy or hold land or other immovable 
property within such area, and landlords who 
themselves or by their agents or servants collect 
rents from holders or occupiers of land in such 
area, notwithstanding that they do not actually 
reside therein. 
3. No suit, prosecution or other legal proceedings 
whatsoever shall lie against any person for or in respect 
of anything which is in good faith done or intended to be 
done under this Act. 
Power to 	 4. The State Government may make rules for carrying 
make rules, out the purposes of this Act. 
Savings. 	 5. Any fine imposed, any apportionment made, any 
action taken or anything whatsoever done under the West 
Bengal Collective Fines Ordinance, 1950, shall on the said 
Ordinance ceasing to operate be deemed to have been im-
posed, made, taken or done under this Act as if this Act 
had commenced on the 14th day of September, 1950. 
S 
Bar to 
legal pro-
ceedings. 
Ben. Act 
of 1866. 
Ben. Act 
LE of 1866. 
West Ben. 
Ord. ?VIII 
of 1950. 
k- 	 WctaP.5011-1688A . 4. 500  

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