CF Rules 52अध्याय VI · Reference of Dispute

धारा 52 · Procedure for the custody of property attached under Section 68

(1)

Where the property to be attached is movable property, other than agricultural produce in the possession of the debtor, the attachment shall be made by actual seizure and the attaching officer shall keep the property in his own custody or in the custody of one of his subordinate or of a Receiver, if one is appointed under sub-rule (2) and shall be responsible for the due custody thereof:Provided that when the property seized is subject to speedy and natural decay or when the expenses of keeping it in custody is likely to exceed its value, the attaching officer may sell it at once.

(2)

Where it appears to the officer ordering conditional attachment under Section 68 to be just and convenient, he may appoint Receiver for the custody of the movable property attached under that Section and his duties and liabilities shall be identical with those of a Receiver appointed under order XL in the First Schedule to the Code of Civil Procedure, 1908.

(3)

(i)

Where the property to be attached is immovable, the attachment shall be made by an order prohibiting the debtor from transferring or charging the property in anyway and all persons from taking any benefit from such transferor charge.

(ii)

The order shall be proclaimed at some place on, or adjacent to, such property by beat of drums or other customary mode, and a copy of the order shall be fixed on a conspicuous part of the property and upon a conspicuous part of village chavdi and where the property is land paying revenue to the State Government and also in the office of the Collector of the district and in the office of the Mamlatdar or Mahalkar or Tahsildar or any other revenue officer within whose jurisdiction the property is situated.

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