Section 16 in Bihar and Orissa Public Demand Recovery Rules
16. Attachment of debt, share and other movable property not in possession of certificate-debtor.
- In the case of -(a)a debt not secured by a negotiable instrument,(b)a share in the capital of a Corporation, or(c)other movable property not in the possession of the certificate-debtor, except property deposited in, or in the custody of any Court, the attachment shall be made by a written order prohibiting -(i)in the case of the debt - the creditor from recovering the debt and the debtor from making payment thereof until the further order of the Certificate Officer;(ii)in the case of the share - the person in whose name the share may be standing from transferring the same or receiving any dividend thereon;(iii)in the case of other movable property (except as aforesaid) - the person in possession of the same giving it over to the certificate-debtor.(2)A copy of such order shall be affixed on some conspicuous part of the office of the Certificate Officer and another copy shall be sent, in the case of the debt to the debtor, in the case of the share to the proper officer of the Corporation and, in the case of the other movable property (except as aforesaid), to the person in possession of the same.(3)A debtor prohibited under clause (i) of sub-rule (1) may pay the amount of his debt to the Certificate Officer, and such payment shall discharge him as effectually as payment to the party entitled to receive the same.
