CCOS Rules 56Chapter VII · Disputes and Arbitration

Section 56 · Procedure for the custody of property attached under [***] [The words 'Section 63 of sub-section (6) or' omitted by notification No. F-5-7-94-XV-1, dated 21-7-95.] Section 68

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(1)

Where the property to be attached is movable property, other than agricultural produce in the possession of the person, the attachment shall be made by actual seizure and the Registrar or a nominee or board of nominees, as the case may be, shall keep the property in his or its custody or in the custody of any officer of the Co-operative Department authorised by him or it in writing, 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 expense of keeping it in custody is likely to exceed its value, the Registrar or a nominee or board of nominees, as the case may be, may sell it at once.

(2)

Where it appears to the authority ordering conditional attachment under [***] [The words 'Section 63 of sub-section (6) or' omitted by notification No. F. 5-7-94-XV-1, dated 21-7-95] Section 68 to be just and convenient, it may appoint a Receiver for the custody of the movable property attached 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)

(a)

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

(b)

The order shall be proclaimed at some place on, or adjacent to, such property by beat of drum and a copy of the order shall be fixed on a conspicuous part of the property, and where the property is land paying revenue to the State Government, also in the office of the Tahsildar within whose jurisdiction the property is situated.

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