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State of Madhya Pradesh - Section

Section 460 in M.P. Civil Court Rules, 1961

460.

Register of property passing into or through the Nazir's hands under orders of the Civil Court-(1) In this register articles of movable property only should be entered. Money, whether realised by attachment, or by sale of immovable property, or, whether paid to the Nazir in execution of a decree, e.g., by a judgement-debtor against whom a warrant has issued, should not be entered in the register but should be entered in the Register of Civil Court Deposit Receipts.
(2)When articles such as clothes, utensils, etc. supplied by, or at the cost of the decree-holder are received by the Nazir on a judgement-debtor's release from jail they should be entered in this register. A notice should then be issued to the decree-holder to take them back within a certain time and if he fails to do so in spite of the service of the notice or if he is untraceable they should be treated as unclaimed property and dealt with under Sections 25 to 27 of the Police Act.
(3)When any property is released it should be shown as disposed of only when it is actually made over to the person entitled to it. If after due notice the person entitled to it fails to take back any property, it should be dealt with as laid down in the sub-rule (2) of this rule.Note. - The date on which an order of release is received by the Nazir should be noted in the remarks column for facility of reference. The date and manner of disposal should be noted in column (9) after the property is actually made over to the person concerned, and signed by the Nazir. Valuables in charge of the Nazir should be delivered to the judgement-debtor in the presence of the Judge or officer-in-charge or the Nazarat and the entry in column (9) should be signed by him.
(4)At the end of each quarter the Nazir should prepare an abstract of the pending items and place the register before the officer-in-charge of the Nazarat for scrutiny. The Nazir should also send regular reminders to the Court concerned for orders of disposal of the pending items, and scrutinize, with special care, the reports on long pending items. He will bring any cases of unnecessary delay to the notice of the officer-in-charge of the Nazarat who will refer them for the orders of the District Judge.Note 1. - Valuable articles such as jewels, etc., should be verified at least once a quarter by the officer-in-charge of the Nazarat and at inspection by the District Judge.Note 2. - "Nazir" includes Naib-Nazir or other official in charge of a Nazarat.