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CAP. 227]
Magistrates
[1988 Ed.
(
(
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witness an opportunity of showing cause why the order should not be made, and shall, if so requested by the said witness, adjourn the proceedings in order to enable him to instruct counsel on his behalf; and
(iii) if the compensation or fine is not forthwith paid, the magistrate may commit the person against whom the order is made to prison in accordance with the provisions of section 68.
Imprisonment for non-payment of a pecuniary penalty or amends awarded for an offence under the Ordinance or any other enactment
101. Whenever a magistrate awards a pecuniary penalty or amends for an offence under this or any other enactment and the same is not paid forthwith, the magistrate may, in the absence of express provision to the contrary in any such enactment, commit the offender to prison in accordance with the provisions of section 68: (Amended, 30 of 1958, Schedule)
Provided that where the enactment creating the offence lays down a term of imprisonment either in addition to any pecuniary penalty or in lieu thereof, the period of imprisonment awarded under this section shall not exceed such a term.
Issue of summons or warrant for non-payment of fine
(Replaced, 2 of 1955, s. 5)
101A. (1) Where under any enactment a fine is imposed by a magistrate on a person and the fine is not paid forthwith or in such manner as may be allowed or directed, subject to such enactment, a magistrate may-
(a) issue a summons to such person to appear before a magistrate, and, if that person does not appear in answer to the summons, a warrant to apprehend him; or (See Form 28)
(b) issue, in the first instance, a warrant to apprehend such person. (See Form 29)
(2) On the appearance of such person before a magistrate in consequence of a summons or warrant issued under subsection (1), the magistrate may commit him to prison for such period as may be in accordance with the scale provided by section 68: (See Form 60)
Provided that-
(a) where the enactment under which the fine was imposed lays down a term of imprisonment either in addition to any pecuniary penalty or in lieu thereof, the period of imprisonment imposed under section 68 shall not exceed such a term;
(b) in respect of the non-payment of a fine by a person to whom time has been allowed for payment or who has been directed to pay by instalments under section 41-
(i) a warrant of commitment to prison shall not be issued unless the magistrate first makes inquiry as to his means in his presence; and (See Form 62)
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