Syariah Courts Criminal Procedure Code · s 46

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

46.
Attachment of property of person proclaimed
(1) The Syariah Court issuing a proclamation under section 45 may at any time order the attachment of any property belonging to the proclaimed person.
(2) In exercising the power conferred by subsection (I), the Syariah
Court shall have regard to the type of offence and sentence that could be imposed on the person proclaimed if he is convicted of the offence charged.
(3) If the property ordered to be attached consists of debts or other movable property, the attachment shall be made by -
(a) seizing the property;
(b) the appointment of a receiver;
(c) an order in writing prohibiting the delivery of such property to the proclaimed person or to any one of his behalf; or
(d) all or any two of the methods mentioned in paragraphs (a).
(b) and (c) as the Syariah Court thinks fit.
(4) If the property ordered to be attached is immovable property, the attachment under this section shall be made through the Land Oficer of the district in which the property is situate; and on the receipt of an order of attachment. the Land Oficer shall execute the same by -

S')ariah Courts
Crin~inal Procedure Code
CAP. 224 45
(a) taking the property:
(b) the appointment of a receiver;
(c) an order in writing prohibiting the payment of rent or delivery of property to the proclaimed person or to any one on his behalf; or
(d) all or any two of the methods mentioned in paragraphs (a),
(b) and (c) as he thinks fit.
(5) No such attachment of any land held under a title required by law to be registered shall take effect until the order of attachment is duly registered under the law for the registration of dealings with such land for the time being in force.
(6) If the proclaimed person does not appear within the time specified in the proclamation, the property shall be at the disposal of the
Government, but it shall not be sold until the expiration of 6 months from the date of the attachment unless it is subject to speedy and natural decay, or the
Syariah Court considers that the sale would be for the benefit of the owner, in either of which cases the Syariah Court may cause it to be sold whenever it thinks fit.
(7) Any person other than the person proclaimed may appear before the Syariah Court which made the order of attachment and claim, stating his title thereto, the property or any part thereof attached or ordered to be attached. Such claim shall be made within 3 months from the date of the order of attachment.
(8) The Syariah Court shall record the claim so made and shall cause a copy thereof to be served on the prosecutor together with a notice requiring him to attend before the Syariah Court on a day and at a time to be stated therein to show cause why such property, if attached, should not be released, or why such order of attachment should not be cancelled so far as it relates to the property so claimed.
(9) At the hearing, the Syariah Court shall proceed to inquire into the tn~th and justice of the claim so made and to takesuch evidence as may be necessary.
(10) Such inquiry shall be made, as nearly as may be practicable, in the manner prescribed by Chapter V of Part 5 for conducting trials.

Syulaiah Courts 46

Criminal Procedure Code
(1 1) The Syariah Court shall, if satisfied of the truth and justice of the claim, direct such property to be released or such order to be cancelled, or is satisfied as aforesaid as to part only of the claim shall direct such part to be released or so much of the order as relates thereto to be cancelled.
(12) The Syariah Court may, in its discretion, award to the claimant costs and such expenses as it thinks proper which shall be paid by the
Govemment.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 46Attachment of property of person proclaimed

(1)

The Syariah Court issuing a proclamation under section 45 may at any time order the attachment of any property belonging to the proclaimed person.

(2)

In exercising the power conferred by subsection (I), the Syariah

Court shall have regard to the type of offence and sentence that could be imposed on the person proclaimed if he is convicted of the offence charged.

(3)

If the property ordered to be attached consists of debts or other movable property, the attachment shall be made by -

(a)

seizing the property;

(b)

the appointment of a receiver;

(c)

an order in writing prohibiting the delivery of such property to the proclaimed person or to any one of his behalf; or

(d)

all or any two of the methods mentioned in paragraphs (a).

(b)

and (c) as the Syariah Court thinks fit.

(4)

If the property ordered to be attached is immovable property, the attachment under this section shall be made through the Land Oficer of the district in which the property is situate; and on the receipt of an order of attachment. the Land Oficer shall execute the same by -

S')ariah Courts

Crin~inal Procedure Code

CAP. 224 45

(a)

taking the property:

(b)

the appointment of a receiver;

(c)

an order in writing prohibiting the payment of rent or delivery of property to the proclaimed person or to any one on his behalf; or

(d)

all or any two of the methods mentioned in paragraphs (a),

(b)

and (c) as he thinks fit.

(5)

No such attachment of any land held under a title required by law to be registered shall take effect until the order of attachment is duly registered under the law for the registration of dealings with such land for the time being in force.

(6)

If the proclaimed person does not appear within the time specified in the proclamation, the property shall be at the disposal of the

Government, but it shall not be sold until the expiration of 6 months from the date of the attachment unless it is subject to speedy and natural decay, or the

Syariah Court considers that the sale would be for the benefit of the owner, in either of which cases the Syariah Court may cause it to be sold whenever it thinks fit.

(7)

Any person other than the person proclaimed may appear before the Syariah Court which made the order of attachment and claim, stating his title thereto, the property or any part thereof attached or ordered to be attached. Such claim shall be made within 3 months from the date of the order of attachment.

(8)

The Syariah Court shall record the claim so made and shall cause a copy thereof to be served on the prosecutor together with a notice requiring him to attend before the Syariah Court on a day and at a time to be stated therein to show cause why such property, if attached, should not be released, or why such order of attachment should not be cancelled so far as it relates to the property so claimed.

(9)

At the hearing, the Syariah Court shall proceed to inquire into the tn~th and justice of the claim so made and to takesuch evidence as may be necessary.

(10)

Such inquiry shall be made, as nearly as may be practicable, in the manner prescribed by Chapter V of Part 5 for conducting trials.

Syulaiah Courts 46

Criminal Procedure Code

(1 1) The Syariah Court shall, if satisfied of the truth and justice of the claim, direct such property to be released or such order to be cancelled, or is satisfied as aforesaid as to part only of the claim shall direct such part to be released or so much of the order as relates thereto to be cancelled.

(12)

The Syariah Court may, in its discretion, award to the claimant costs and such expenses as it thinks proper which shall be paid by the

Govemment.