(1) A Certificate shall not be executed immediately after decision under section 9 without any further notice to the certificate debtor.
(2) If the Certificate Officer is satisfied that the certificate debtor is likely to conceal, remove or dispose of the whole or any part of his movable properties as would be liable)o attachment in execution, of a decree of a Civil Court. and that the realization of the amount of the certificate in consequence will be delayed or obstructed, he may at any time after filing of the original 'certificate direct, for reasons to be recorded in writing, attachment of the whole or any part of such movable property.
6 TripuraGazette,ExtraordinaryIssue,August 24, 2001A. D.
Provided that if the certificate debtor whose movable property has been so attached fumish a security to the satisfaction of the Certificate Officer, such attachment shall be cancelled from the date on whiC!tsuch security is accepted by the Certificate Officer.
rt1Od8 of eXlCutioij
13. Subject to the conditions and limitations as in the code of Civil Procedure, 1908 relating to the attachment & sale of property , detention etc a Certificate Officer may order execution of certificate:-
(a) by attachment and sale, or by sale without previous - attachment, of any property of the certificate debtor; or
(b) by attachment of any decree or award passed by any Civil Court or, as the case may be, any Tribunal or other authority in favour of the certificate debtor; or
(c) by arresting the certificate debtor and detaining him in the civil prison; or
(d) by any two or more of the methods mentioned 1'1 clauses (a),(b) and (c) provided that property of a certificate debtor shall not be sold and no decree shall be passed if, as a result of such decree the certificate debtor becomes landless, likewise, no person shall be arrested if he/she has a sucking baby and there is none else in the family to support tie baby.
I Notice of sale I
14.(1) Before effecting the sale of any land or other immovable property the Certificate Officer shall issue end publish notice in Forrn-5 and proclamation in Form No.6 in the manner as below :-
(a) The Officer conducting the sale shall cause wide publicity of the proclamation of sale to be made and may, in addition to other processes provided for such publicity in para 14 of Schedule- I, gel it published in any newspaper having circulation in the area.
(b) The proclamation of the intended sale shall state the date, time and place of the sale and specify the following as clearly and accurately as possible-
(i) the property to be sold;
(ii) estimated value of the property;
(iii) the amount for the recovery of which the sale is ordered; and Tripura Gazette, Extraordinary Issue, August 24,2001 A. D. 7
(iv) such facts wnich the authority considers material to note in the proceeding in order to charge full and fair value of the property including such other circumstances as a purchaser ought to know.
(c) The proclamation mentioned in the Sub-rule (1) shall be served under Sub-Section 2 of 14 on the defaulter as provided in paras 3 to 12 of Schedule-I.
(d) The authority issuing the proclamation may summon the defaulter and examine him with respect to any matter which is to be included in the said prcclamation.
(e) The place of sale to be specified under sub rule 1(b) shall be either the Office of the Certificate Officer or any place near the property to be sold.
(2). A copy of every notice and proclamation issued under sub-section (1) shall be served on the certificate debtor.
!SIlt by auctloij
15. All sales of property, movable or immovable of the certificate debtor shall be by public auction, held in the manner as below ;- Distraint a!'ld sale of movable property
(i) Any Certificate Officer may issue a warrant of distraint of movable property including the produce of the land of any defaulter in Form No.7 and sell the same thereafter by public auction.
(ii) Such auction shall be held at the spot unless the officer ordering the auction is of the opinion that the auction if held in any other place would bring a higher price in which case auction may be held at such other place.
(iii) If the auction is not held at the spot due publicity thereof shall be given by issuing a proclamation in Form NO.8 which may also be proclaimed by beat of drum, if the Officer ordering the sale deems it necessary.
Distraint of movable property other the produce of land
(1) When the property to be distrained is movable property (other than the 8 Tripura Gazette, Extraordinary Issue, August 24, 2001 A. D.
produce of the land) in the possession of the defaulter the distraint shall be effected by actual seizure and the distraining officer shall keep the property in his own custody, or in the custody of anyone of his subordinates who shall be responsible for the due custody thereof.
Provided that when the property so distrained be subject to speedy or natural decay, or if the expenses of keeping it in custody are likely to exceed its value, the distraining officer may if so authorized by the officer issuing the warrant of distraint sell it at once.
Provided further that if the property distrained consists of live-stock, agricultural implements or articles, which cannot be conveniently removed, and the distraining officer does not act under the first proviso he may:
(i) Leave it in charge of any person claiming to be interested in such property or of any other person, who is willing to undertake to keep and be responsible for the custody of such property on his entering into a bond with one or more sureties for an amount not less than the value of the property that he will take proper care of the property and produce it when called for or.
(ii) In the case of Uve-Stock leave it in the charge of the pound keeper, if any.
(2) The distraining officer shall make a list of the property distrained and obtain thereon an acknowledgement from the person in whose custody the property is left , and if possible, also of the defaulter and at least two other persons in attestation of the correctness of the list. If the property distrained includes both live-stock and other articles, separate lists thereof shall be prepared and got attested.
I Distraint of produce of land