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State of Madhya Pradesh - Section

Section 53 in Madhya Pradesh Bhu-Rajasva Sanhita (Rajasva Nyayalayon Ki Prakriya) Niyam, 2019

53. Attachment of movable property other than agricultural produce in possession of defaulter.

(1)Where the property to be attached is movable property other than-agricultural produce, in the possession of the defaulter, 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 any of his subordinates and shall be responsible for the due custody thereof.
(2)When the property seized is subject to speedy and natural decay or when the expense of keeping it in custody is likely to exceed its value, the attaching officer may sell it at once.
(3)When the property attached consists of live stock, agricultural implements or other articles which cannot be conveniently removed, and the attaching officer does, not act under sub-rule (2), he may at the instance of the defaulter or any person claiming to be interested in such property, leave it in the village or at the place where it has been attached-
(a)in the charge of the defaulter, or of the station pound-keeper, if any; or
(b)in the charge of the person claiming to be interested in such property or of such respectable person as will undertake to keep such property. Such person shall be required to give a bond with one or more sureties of an amount not less than the value of the property, that he will take proper care of such property and produce it when called for.
(4)The attaching officer shall make a list of the property attached and shall obtain thereto the acknowledgement of the person in whose custody the property is left, and if possible, of the defaulter and of at least one respectable person in attestation of the correctness of the list. If the property attached includes both live-stock and other articles a separate list of the live-stock shall similarly be prepared and attested.