Description

The Court issuing a proclamation under Section 82 may, for reasons recorded in writing, order the attachment of any property, whether movable, immovable, or both, belonging to the proclaimed person, at any time after the issue of the proclamation.

Provided that if, at the time of issuing the proclamation, the Court is satisfied, either through affidavit or other evidence, that the person in question:

• Is about to dispose of the whole or part of his property, or
• Is about to remove the whole or part of his property from the local jurisdiction of the Court,

the Court may order the attachment to occur simultaneously with the issuing of the proclamation.

Such an order shall authorise the attachment of any property belonging to the proclaimed person within the district in which the order is made. Additionally, it shall authorise the attachment of any property belonging to the proclaimed person outside the district, provided the order is endorsed by the District Magistrate within whose district the property is located.

If the property to be attached is a debt or other movable property, the attachment may be executed:

1. By seizure, or
2. By the appointment of a receiver, or
3. By an order in writing prohibiting the delivery of such property to the proclaimed person or anyone acting on his behalf, or
4. By any combination of the above methods, as the Court deems fit.

If the property to be attached is immovable, the attachment in the case of land paying revenue to the State Government shall be carried out through the Collector of the district where the land is situated. In all other cases, the attachment may be made:

1. By taking possession, or
2. By the appointment of a receiver, or
3. By an order in writing prohibiting the payment of rent or delivery of property to the proclaimed person or anyone on his behalf, or
4. By any combination of these methods, as the Court deems appropriate.

If the property ordered to be attached consists of livestock or is of a perishable nature, the Court may, if it deems expedient, order immediate sale of the property. In such cases, the proceeds from the sale shall be held subject to the further order of the Court.

The powers, duties, and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908).