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State of Odisha - Section

Section 101 in The Orissa Co-operative Societies Rules, 1965

101. Custody of distrained property.

(1)After the distress is made, the Sales Officer may arrange for the custody of the property attached with decree-holder or otherwise. The Sales Officer shall not make use of the goods or effects distrained.If the Sales Officer requires the decree-holder to undertake the custody of the property, shall be bound to do so and loss incurred owing to his negligence shall be made good by the decree-holder. If the attached property is live-stock, the decree-holder shall be responsible for providing necessary food for the live-stock. The Sales Officer at the instance of the defaulter or of any person claiming an interest in such property, leave it in the village or place where it was attached, in the charge of such defaulter or person, if he enters into a bond in the form prescribed by the [Auditor-General] [Substituted by Orissa Gazette Extraordinary No. 500, dated 23.4.1997.] with one or more sufficient sureties for the production of the property when called for:Provided that if in the opinion of the Sales Officer, the attached property cannot be kept in the village or locality where attachment is made for lack of suitable place or satisfactory surety or for failure of decree-holder to provide necessary funds or to take custody of the property attached or for any other reason the Sales Officer shall withdraw the attachment order.
(2)It shall be an offence under Section 115 of the Act if the custodian of the property fails to produce the property when called for.
(3)Where any person has become liable as custodian or surety for production of the property when called for, the decree or order may be executed against him to the extent to which he has rendered himself personally liable and such person shall be deemed to be a party to the decree or order:Provided that such notice, as the Principal Officer of the area in each case thinks sufficient, has been given to the surety of the custodian.