C—Proclamation and attachment
82. Proclamation for person absconding
(1)
If Any Court has reason to believe (whether after taking evidence or not) that
any person
against
whom a warrant has been issued by it has absconded or is concealing himself so
that such
warrant
cannot be executed, such Court may publish a written proclamation requiring him
to
appear
at a specific place and at a specified time not less than thirty days from the
date of
publishing
such proclamation
(2)
The proclamation shall be published as follows—
(i)
(a) it shall be publicly read in some conspicuous place of the town or village
in which
such
person ordinarily resides;
(b)
it shall be affixed to some conspicuous part of the house or home-stead in
which such
person
ordinarily resides or to some conspicuous place of such town or village;
(c)
a copy thereof shall be affixed to some conspicuous part of the Court-house;
(ii)
the Court may also, if it thinks fit, direct a copy of the proclamation to be
published in a daily
newspaper
circulating in the place in which such person ordinarily resides
(3)
A statement in writing by the Court issuing the proclamation to the effect that
the
proclamation
was duly published on a specified day, in the manner specified in clause (i) of
subsection
(2),
shall be conclusive evidence that the requirements of this section have been
complied
with,
and that the proclamation was published on such day
83. Attachment of property of person absconding
(1)
The Court issuing a proclamation under section 82 may, for reasons to be
recorded in writing,
at
any time after the issue of the proclamation, order the attachment of any
property, movable or
immovable,
or both, belonging to the proclaimed person:
Provided
that where at the time of the issue of the proclamation the Court is satisfied,
by
affidavit
or otherwise, that the person in relation to whom the proclamation is to be
issued,—
(a)
is about to dispose of the whole or any part of his property, or
(b)
is about to remove the whole or any part of his property from the local
jurisdiction
of the Court, it may order the attachment simultaneously with the issue of the
proclamation
(2)
Such order shall authorise the attachment of any property belonging to such
person within the
district
in which it is made; and it shall authorise the attachment of any property
belonging to
such
person without such district when endorsed by the District Magistrate within
whose district
such
property is situate
(3)
If the property ordered to be attached is a debt or other movable property, the
attachment
under
this section shall be made—
(a)
by seizure; or
(b)
by the appointment of a receiver; or
(c)
by an order in writing prohibiting the delivery of such property to the
proclaimed
person or to any one on his behalf; or
(d)
by all or any two of such methods, as the Court thinks fit
(4)
If the property ordered to be attached is immovable, the attachment under this
section shall,
in
the case of land paying revenue to the State Government, be made through the
Collector of the
district
in which the land is situate, and in all other cases—
(a)
by taking possession; or
(b)
by the appointment of a receiver; or
(c)
by an order in writing prohibiting the payment of rent on delivery of property
to the
proclaimed
person or to any one on his behalf; or
(d)
by all or any two of such methods, as the Court thinks fit
(5)
If the property ordered to be attached consists of live-stock or is of a
perishable nature, the
Court
may, if it thinks it expedient, order immediate sale thereof, and in such case
the proceeds
of
the sale shall abide the order of the Court
(6)
The powers, duties and liabilities of a receiver appointed under this section
shall be the same
as
those of a receiver appointed under the Code of Civil Procedure, 1908
(5
of 1908)
84. Claims and objections to attachment
(1)
If any claim is preferred to, or objection made to the attachment of, any
property attached
under
section 83, within six months from the date of such attachment, by any person
other than
the
proclaimed person, on the ground that the claimant or objector has an interest
in such
property,
and that such interest is not liable to attachment under section 83, the claim
or
objection
shall be inquired into, and may be allowed or disallowed in whole or in part:
Provided
that any claim preferred or objection made within the period allowed by this
sub-section
may, in the event of the death of the claimant or objector, be continued by his
legal
representative
(2)
Claims or objections under sub-section (1) may be preferred or made in the
Court by which
the
order of attachment is issued, or, if the claim or objection is in respect of
property attached
under
an order endorsed under sub-section (2) of section 83, in the Court of the
Chief Judicial
Magistrate
of the district in which the attachment is made
(3)
Every such claim or objection shall be inquired into by the Court in which it
is preferred or
made:
Provided
that, if it is preferred or made in the Court of a Chief Judicial Magistrate,
he
may
make it over for disposal to any Magistrate subordinate to him
(4)
Any person whose claim or objection has been disallowed in whole or in part by
an order
under
sub-section (1) may, within a period of one year from the date of such order,
institute a suit
to
establish the right which he claims in respect of the property in dispute; but
subject to the
result
of such suit, if any, the order shall be conclusive
85. Release, sale and restoration of attached property
(1)
If the proclaimed person appears within the time specified in the proclamation,
the Court
shall
make an order releasing the property from the attachment
(2)
If the proclaimed person does not appear within the time specified in the
proclamation, the
property
under the attachment shall be at the disposal of the State Government; but it
shall not be
sold
until the expiration of six months from the date of the attachment and until
any claim
preferred
or objection made under section 84 has been disposed of under that section;
unless it is
subject
to speedy and natural decay, or the Court considers that the sale would be for
the benefit
of
the owner, in either of which cases the Court may cause it to be sold whenever
it thinks fit
(3)
If, within two years from the date of the attachment, any person whose property
is or has
been
at the disposal of the State Government, under sub-section (2), appears
voluntarily or is
apprehended
and brought before the Court by whose order the property was attached, or the
Court
to which such Court is subordinate, and proves to the satisfaction of such
Court that he did
not
abscond or conceal himself for the purpose of avoiding execution of the
warrant, and that he
had
not such notice of the proclamation as to enable him to attend within the time
specified
therein,
such property, or, if the same has been sold, the net proceeds of the sale, or,
if part only
thereof
has been sold, the net proceeds of the sale and the residue of the property,
shall, after
satisfying
therefrom all costs incurred in consequence of the attachment, be delivered to
him
86. Appeal from order rejecting application for restoration of
attached property
Any
person referred to in sub-section (3) of section 85, who is aggrieved by any
refusal to
deliver
property or the proceeds of the sale thereof may appeal to the Court to which
appeals
ordinarily
lie from the sentences of the first-mentioned Court
