Section 171 in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961
171. Warrant how to be executed.
- Such officer may distrain, wherever it may be found, any movable property of the person named in the warrant as defaulter subject to the following conditions, exceptions and exemptions, namely: -(a)the following property shall not be distrained, that is to say,-(i)the necessary wearing apparel and bedding of the defaulter, his wife and children,(ii)the tools of artisans, and(iii)when the defaulter is an agriculturist, his implements of husbandry, seed-grain and such cattle as may be necessary to enable him to earn his livelihood;(b)the distress shall not be excessive, that is to say, the property distrained shall be as nearly as possible equal in value to the amount recoverable under the warrant, and if any articles have been distrained which, in the opinion of a person, authorised by or under section 168 to sign a warrant should not have been so distrained they shall forthwith be returned; and(c)the officer shall on seizing the property forthwith make an inventory thereof, and shall, before removing the some, give to the person in possession thereof at the time of seizure a written notice in the form set out in the Eighth Schedule that the said property will be sold as shall be specified in such notice:Provided that, if after the property is distrained and before it has been removed, the sum due by the defaulter together with all costs, incidental to the notice, warrant and distress of the property is paid, the officer shall remove the distress.
