Amendment status not verified — confirm the current text below against the official source.
Warrant how to be executed.-- It shall also be lawful for any such officer if authorized by the warrant to distrain, wherever it may be found, any movable property or attach any immovable property of the person named in the warrant issued under section 147 as defaulter, subject to the following conditions, exceptions and exemptions, namely :- (at the following property shall not be distrained :- (i) The necessary wearing apparel and bedding of the defaulter, his wife and children. (ii) The tools of artisans. (iii) When the defaulter is an agriculturist, his implements of husbandry and such cattle and seed -grain as may be necessary to enable the defaulter to earn his livelihood; (b) The property distrained shall be as nearly as possible equal in. value to the amount recoverable unlPer the warrant; and if any property has been distrained which, in the opinion of the Chief Officer or the person to whom the warrant was addressed, should not have been 80 diotralned, it shall forthwith be returned to the defaulter; (c) The officer shall, on distraining or attaching the property, forthwith make an inventory thereof and give to the parson in possession thereof at the time of distrafnt or attachment a written notice in the form of Schedule VI; ( d ) (i) When the property is immovable, the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property in any way and all persons from taking any benefit from such transfer or charge: (ii) The order shall be proclaimed at some place on or adjacent to the property by beat of drum or other customary node, and a copy of the order shall be fixed on a conspicuous part of the property and then upon the notice board of the municipal office and alao, when the propefty is land paying revenue to the Government, In the office of the Collector of the district in which the land is aituated; (e) any transfer of or charge on the property attached or of any interest therein made without the written permission of the Chief Officer shall be void as against all claims of the Council enforcable under the attachment. 151.Sale of property diatrained or attached; application of proceeds of aale. -- (1) When the property seized is not ~ubject to speedy and natural decay, the property distrained or attached, or in the case of immovable property a sufficient portion thereof, may, unless the warrant is suspended by the Chief Officer or the sum due by the defaulter together with all costs incidental to the notice, warrant, and distress or attachment and detention of the property, is paid, be, on the expiry of the time specified in the notice served by the officer executing the warrant, sold by public auction under y'' the orders of the Chief Officer, and the proceeds or '*.I4 such part thereof as shall be requisite, shall be ' " ' applied firstly in discharge of any sum due to the -4. f>..t Government in respect if such property and secondly in discharge of the sum due and of all such * it! incidental costs as aforesaid. Where the sum due to "' the Council together with the cost and a sum equal to five per cent., of the purchasemoney for payment to the purchaser is paid by the defaulter, before the con£ irmation of the sale, the attachment, if any, of 13 :. 2'h / immovable property shall be deemed to have been 1:3 removed and movable property seized shall be returned ?. -. to the defaulter. Sales of movable and immovable property under this section shall be held in the manner laid down in the rules framed in that behalf. 4;' *' - floft'r' i 4 3 I 2 1 After sale of the by auction as I ~ e : aforesaid, the Chief Officer shall put the person ,?a. declared to be the purchaser in possession of the same and shall grant him a certificate to the effect that he has purcahsed the property to which the certificate refers. '(31 It shall be lawful for the Council to offer a nominal bid in the case of any immovable property put up. for auction, provided that the previous approval : of the Director obtained to such bidqing. . !. + ,