Amendment of section 514

In section 514 of the Code of Criminal Procedure, 1898, in its application to the State of Gujarat, (hereinafter referred to as "the said Code"), for sub-section (2), the following shall be substituted, namely:—

"(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same by one or both of the following ways, that is to say, it may—

1. (a) issue a warrant for the levy of the amount by attachment and sale of any moveable property belonging to such person;
2. (b) issue a warrant for the levy of the amount by attachment and sale of any immoveable property, or both, of such person.

1. (3) The Magistrate may issue a warrant in 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 a person other than the person bound by the bond in respect of any property attached in execution of such warrant.
2. (4) Where the Magistrate 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 passed the decree and all the provisions of that code as to execution of decrees shall apply: 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 in sub-section (2), the person so bound shall be liable, by order of the Court which orders the payment of the penalty, to imprisonment in the civil jail for a term which may extend to six months.".