(1) Where the property to be distrained is the produce of the land, the distraint shall be made by affixing a copy of the distraint warrant:
(i) Where such produce is growing, on the land on which the produce is growing, or
(ii) Where such produce has been cut or gathered on the threshing floor or the place for treading out grains or the like in which it is deposited. This service will be in addition to normal process of service provided in para 14 of Schedule I.
The distraining Officer shall make such arrangements for the custody of Tripura Gazette, Extraordinary Issue, August 24,2001 A. D. 9 produce of the land as he may consider sufficient and also to tend, cut, gather and store the produce and do any other act necessary for maturing or preserving it.
= (3)The cost incurred under sub-rule (2) shall be payable by the defaulter.
I Custody of dl.trained property
17.(1) Where the distrained live-stock is not left in the charge of the defaulter the expenses of feeding it shall be charged at such reasonable rate as the Certificate Officer may, by general or special order, fix.
(2) Where the property distrained is movable property, other than produce of the land or live-stock, and has not been left in the charge of the defaulter, the expenses for its safe custody shall be charged at such reasonable rate as the Certificate Officer may, by general or special order, fix.
(3) The cost incurred under sub-rules (1) and (2) shall be a charge on the sale price of the property.
Leaving live stock in the charge of Pound Keeper
18. Where the distrained live-stock is left in the charge of the pound-keeper, the provision provided in paragraphs 17 to 20 in Schedule-I regarding live-stock attached in execution of decrees of attachment will be applicable.
[AttaChment of immovable property I· _ 19.(1) Where the property is immovable property, the attachment shalr be made by an order in Form NO.9 issued by the Certificate Officer prohibiting the defaulter from transferring or charging the property in any manner and all persons from having any transfer or charge from him.
(2) In addition to service provided for the service of a notice in Schedule I a copy of the prohibitory order shall be affixed at a conspicuous part of the property and shall be proclaimed in the locality by beat of drum.
· 10 Tripura Gazette, Extraordinary Issue, August 24, 2001 A. D.
(3) The order shall take effect as against transterees for value in good faith from the date when a copy of the order is affixed on the property and against all other transferee, from the date on which such order is made,
(4). No payment made after the making of the proclamation on account of rent or any other asset of the estate or holding to any person other than the Certificate Officer or his agent shall be credited to the person making the payment or relieve him from liability to make the payment to the Certificate Officer or his agent.
I Management of attached property
20. When the pro,erty attached consists of immovable property, the attaching authority shall be entitled to manage the property so attached or entrust its management to such person or authority on such conditions as it deems fit and to receive all rents. and profits accruing therefrom, to the exclusion of the defaulter. The collection charges in respect of the property so attached and managed shall after the costs of attachment and management have been deducted therefrom be applied to the payment of arrears for which the property was attached.
I Claim of third person
21. If any claim is set up by a third person to the property attached or proceeded against, the Officer orderin:J l1e attachment or proceedings, shall enquire in to the claim and may admit or reject it.
I Objections by defaulter
22. If the defaulter files any objecncn against-the attachment or proceeding against the property it shall be disposed off by the officer ordering the attachment or proceedings.
I Prohibition to bid at auction t
23. No Officer having any duty to perform in connection with any such sale and no person employed by or sub-ordinate to such Officer shall, either directly or indirectly, bid for or acquire any such property except on behalf of the Government.
Tripura'Gazette, Extraordinary Issue, August 24,2001 A. D. 11 Sale of perishable articles 24, Perishable articles shall be sold 6y auction with the least possible delay and such sale shall be finally concluded by the Officer conducting the sale.
The sales to be proportionate to the Amount of Public Demand
25. Every sale property, movable or immovable, shall, as far as may be practicable, be proportionate to the amount of the arrear of public demand to be recovered together with the interest there on and the expenses of attachment and sale.
I Deposit by purchaser of immovable property
26. In all cases of sale of immovable property, the party who is declared to be the purchaser shall be required to deposit immediately 25% of the amount of his bid, and the balance within 15 days of the date of sale.
I Failure to make deposit