51. Procedure for the custody of property attached [Section 68].
(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 subordinates, or of a receiver, if one is appointed under sub rule (2) and, shall be responsible for the due custody there of:Provided that when the property seized is subject to speedy and natural decay, or when the expenses of keeping it in custody are 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 68 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 identical with those of a Receiver appointed under Order XL in the First Schedule to the Code of Civil Procedure, 1908 (Central Act 5 of 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 drums or other customary mode, and a copy of the order shall be affixed on a conspicuous part of the property and upon a conspicuous part of the village chaupal and where the property is land paying revenue to the State Government, also in the office of the Deputy Commissioner of the revenue area, the Block Development Officer and the Tehsildar within whose jurisdiction the property is situated.
