Section 32 in Conduct of the Government Litigation, Rules, 2000
32. Procedure where decree is passed in favour of State of its Officers.
(1)The Law Officer shall, immediately after the settlement of issues and before the date fixed for final hearing of the case, ask for and obtain from administrative department or the Government Officer concerned, instructions in writing, having regard to the provisions of Order XXI of the Code of Civil Procedure, 1908 as to the mode of execution including as to the process such as arrest, attachment that is desired to be issued in the event of a decree being passed in favour of the State or its Officers, or both.(2)As soon as the Law Officer concerned receives a copy of decree under which any amounts is due to Government, he shall see that all necessary steps are taken with all possible expedition to realize the amount due under the decree or get if otherwise satisfied. For this purpose he shall, in the absence of any special instructions to the contrary, proceed as follows:-(a)If the person from whom the amount is due (hereinafter referred to as judgement debtor) or his advocate is known to the Law Officer concerned and is readily accessible to him, he shall endeavour to recover the amount from him.(b)If there is a reason to believe that the amount due can not be recovered under clause (a) and the Law Officer concerned knows of any property of the judgement debtor from which the amount due or part of it may be realized e.g. immoveable property, securities, money deposited in the court or the subject matter of a suit on which Government has a first charge under Order XXXIII, rule 10 of Code of Civil Procedure 1908, he shall at once or as soon as he receives necessary information from any source, make an application for execution by attachment, sale etc. for such property;(c)Where no action under clause (a) or (b) is taken the Law Officer concerned shall without any delay send the copy of the decree to the administrative department concerned, with a report stating inter-alia-(i)The reason for not taking such action;(ii)The date on which the period of limitation for the execution of he decree will expire; and(iii)Any information which has come to his knowledge and the possession of which is likely to facilitate the recovery of the money due to Government.(d)Where action is taken under clause (a) or (b), the Law Officer concerned shall, as soon as possible and in any case within one month of the date of receipt by him of the copy of decree, report his action and proceedings to the administrative department concerned, and send the copy of decree if not longer required by him. He shall also report to the administrative department concerned the result of the proceedings on their completion and, if they have not been successful in re-covering the whole of the amount due, furnish the information specified in sub-clauses (ii) and (iii) of clause (c).
