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Section 56: Procedure for the custody of property attached under [xx] Section 68

Madhya Pradeh Co-Operative Society Rules, 1962State Rules of Madhya Pradesh · 1960

(1) Where the property to be attached is movable property, other than agricultural produce in the possession of the pe rson, 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 i ts custody or in the custody of any officer of the Co -operative Department authorised by him or i t in writ ing, or of a Receiver, if one is appointed under su b-rule (2), and shall be responsible for the due custody thereof:

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Provided that when the property seized is subject to speedy and natural decay, or when the expense of keeping i t in custody is l ikely to exceed i ts value, the Registrar or a nominee or boar d of nominees, as the ease may be, may sell i t at once.

(2) Where i t appears to the authority order ing conditional at tachment under Section 68 to be just and convenient, i t may appoint a Receiver for the custody of the movable property attached and his du ties and l iabil i t ies 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 prohibit i ng 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 o rder 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 off ice of the Tahsildar within whose jurisdiction the property is si tuated.

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CHAPTER VIII LIQUIDATION

Where this provision sits

ActMadhya Pradeh Co-Operative Society Rules, 1962
Section56
Marginal noteProcedure for the custody of property attached under [xx] Section 68
JurisdictionState of Madhya Pradesh
StatusIn force as published by the source

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