(1) Attachment of property under section 101 of the Act shall be made in the manner provided in rule 94.
154
(2) Where a claim is preferred to property attached under subrule (1), such claim shall be investigated in the manner and by the authority specified in rule 94.
(3) Where a direction is made for the attachment of any property under sub-rule (1), the Recovery Officer shall order the attachment to be withdrawn -
(a) when the party concerned furnishes the security required, together with security for the costs of the attachment; or
(b) when the liquidator determines under clause (b) of subsection (2) of section 64 of the Act that no contribution is payable by the party concerned; or
(c) when the Registrar passes an order under sub-section (1) of section 57 that the party concerned need not repay or restore any money or property or contribute any sum to the assets of the society by way of compensation; or
(d) when the dispute referred to in sub-section (1) of section 60 has been decided against the party at whose instance the attachment was made;
(e) when the order passed under section 107 or any other provision of the Act sets aside the order of attachment.
(4) Where property is under attachment by virtue of the provisions of this rule and a decree is subsequently passed against the person whose property is attached, it shall not be necessary upon an application for execution of such decree to apply for re-attachment of the property.
155
96. Procedure for the custody of property attached under section
101. -
(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 101 to be just and convenient, he may appoint a Receiver for the custody of the movable property attached under that section and his duties and liabilities shall be indentical 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 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, such property by beat of drum 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 the village, and where the property 156 is land paying revenue to the Government, also in the office of the Collector of the district and in the office of the Tehsildar or any other Revenue Officer within whose jurisdiction the property is situated.