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The Court of Wards Act, 1879

( ACT NO. IX OF 1879 )

For disobeying certain orders of Collector
57. Any person who refuses to comply with an order of a Collector under sections 29, 30, 36 or 37 shall be liable, by order of the Collector, to a fine not exceeding five hundred taka.
For disobeying orders under section 47
58. Any person who refuses to comply with an order made under section 47 may be punished, by order of the Court, with simple imprisonment and attachment of his property until the order is complied with:
 
 
 
 
Provided that the Collector may release any person who has been so imprisoned, on his furnishing sufficient security for his attendance and for the delivery of the accounts or property required within such time as the Collector shall think fit. The Collector may, at any time, rescind such order or release, and direct that effect shall be given to the previous order of imprisonment.
Penalty on farmer neglecting to furnish accounts, etc.
1[58A. Any farmer, holding or having held lands under the Court, who, upon notice served upon him to that effect at any time during the currency of the lease or within six months after the expiry of the lease under which such land were held or after he has relinquished such lands, omits or refuses to furnish accounts or
 
 
produce documents or papers required under such notice, and shall not show sufficient cause for such omission or refusal shall be liable to such fine as the Collector may think fit to impose, not exceeding one hundred taka for such omission; and the Collector may impose such further daily fine as he may think proper, not exceeding twenty taka for each day during which such farmer shall omit to furnish the accounts, documents or papers required after a date to be fixed by the Collector in a notice warning the farmer that such further daily fine will be imposed.
 
 
 
 
Such notice shall be served by tendering to the person to whom it may be directed a copy thereof, attested by the Collector, or by delivering such copy at the usual place of abode of such person or to some adult male member of his family; or, in case it cannot be so served, by posting some copy upon such conspicuous part of the usual or last-known place of abode of such person; and, in case such notice cannot be served in any of the ways herein before mentioned, it shall be served in such a way as the Collector issuing the notice may direct;
 
 
 
 
and the date fixed by such notice shall not be less than fifteen days after service thereof.
 
 
 
 
The Collector may proceed from time to time to levy any amount which has become due in respect of any fine imposed under this section, notwithstanding that an appeal against the order imposing such fine may be pending:
 
 
 
 
Provided that, whenever the amount levied under such order shall have exceeded five hundred taka, the Collector shall report the case specially to the 2[Commissioner of the Division] and no further levy in respect of such fine shall be made otherwise than by the authority of the 3[said Commissioner].]
For disobeying order of Court
59. Any person who disobeys any lawful order of the Court shall be liable, on conviction before a Magistrate, to a fine not exceeding five hundred taka and, if he is a manager or guardian appointed by the Court, to a fine not exceeding one thousand taka.
Persons employed by Court to be "public servants"
4[59A. Every person employed by the Court under this Act shall, for the purposes of the 5[Penal Code], be deemed to be a public servant.]
 
 

  • 1
    Section 58A was inserted by section 9 of the Bengal Court of Wards (Amendment) Act, 1881 (Act No. III of 1881)
  • 2
    The words "Commissioner of the Division" were substituted, for the word "Court" by section 2 and Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)
  • 3
    The words "said commissioner" were substituted, for the word "Court" by section 2 and Schedule of the Bangladesh Laws (Amending) Ordinance 1976 (Ordinance No. IX of 1976)
  • 4
    Sections 59A was inserted by section 7 of the Bengal Court of Wards (Amendment) Act, 1906 (Act I of 1906)
  • 5
    The words "Penal Code" were substituted, for the words "Pakistan Penal Code" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
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Ministry of Law, Justice and Parliamentary Affairs