43A. Custody of movable property.- (1) Where the property attached consists of live-stock, agricultural implements or other articles which cannot conveniently be removed and the attaching officer does not act under the proviso to rule 43, he may, at the instance of the judgment debtor or of the decree holder or of any other person claiming to be interested in such property, leave it in the village or place where it has been attached, in the custody of any respectable person (hereinafter referred to as the “custodian”).
(2) If the custodian fails, after due notice, to produce such property at the place named by the court before the officer deputed for the purpose or to restore it to the person in whose favour restoration is ordered by the court, or if the property, though so produced or restored, is not in the same condition as it was when it was entrusted to him,— (a) the custodian shall be liable to pay compensation to the decree holder, judgment debtor or any other person who is found to be entitled to the restoration thereof, for any loss or damage caused by his default; and (b) such liability may be enforced— (i) at the instance of the decree holder, as if the custodian were a surety under section 145; (ii) at the instance of the judgment debtor or such other person, on an application in execution; and (C) any order determining such liability shall be appealable as a decree.) HIGH COURT AMENDMENTS
Rule 43-A and 43-B
ANDHRA PRADESH.- Same as those of Madras.
Rule 43-B
BOMBAY.- In Order XXI, after the existing Rule 43-A, insert the following rule with marginal note as new Rule 43-B and its marginal note:
“43-B. Attachment of livestock.- (1) When an application is made for the attachment of livestock the Court may demand, in advance in cash at rates to be fixed half yearly or oftener if necessary, by the Courts with the sanction of the District Judge, the amount requisite for the maintenance of the livestock from the probable time of attachment to the probable time of sale, or may, at its discretion, make successive demands for portions of such period. The rates shall include cost of feeding, tending and conveyance, and all other charges requisite for the maintenance and custody of the livestock.
(2) If the livestock be entrusted to any person other than the judgment - debtor, the amount paid by the decree-holder for the maintenance of the livestock or a part thereof, may, at the discretion of the Court, be paid to the custodian of the livestock for their maintenance. The produce, such as milk, eggs, etc. if any, may either be sold as promptly as possible for the benefit of the judgment-debtor or may, at the discretion of the Court, be set off against the costs of maintenance of the livestock.” (1-10-1 983). Rule 43-A to 43-D DELHI AND HIMACHAL PRADESH.- Same as those of Punjab. (31-10-1966).
Rule 43-A
GUJARAT.- Same as sub-rule (1) of Rule 43-A, inserted by Madhya Pradesh. (17-8-1961).
Rules 43-A and 43-B
KARNATAKA.- Same as those of Madras. (30-3-1967).
Rule 43-A
MADHYA PRADESH.- I Order XXI, after the existing Rule 43, insert the following with marginal note: “43-A. Attachment of livestock.- (1) When an application is made for the attachment of livestock the Court may demand, in advance in cash at rates to be fixed half yearly or oftener, if necessary, by the Courts with the sanction of the District Judge, the amount requisite for the maintenance of the livestock from the probable time of attachment to the probable time of sale, or may, at its discretion, make successive demands for portions of such period. The rates shall include cost of feeding, tending and conveyance, and all other charges requisite for the maintenance and custody of the livestock.
(2) If the livestock be entrusted to any person other than the judgment debtor, the amount paid by the decree-holder for the maintenance of the livestock or a part thereof, may, at the discretion of the Court, be paid to the custodian of the livestock for their maintenance. The produce, such as milk, eggs, etc. if any, may either be sold as promptly as possible for the benefit of the judgment-debtor or may, at the discretion of the Court, be set off against the costs of maintenance of the livestock.” (16-9-1960).
Rule 43 and 43-B
MADRAS AND PONDICHERRY.- Insert the following as Rules 43-A and 43-B: “43-A. (1) Whenever attached property is kept in the village or place where it is attached, the attaching officer shall forthwith report the fact to the Court and shall with his report forward a list of the property seized. (2) If attached property is not sold under the first proviso to Rule 43 or retained in the village or place where it is attached under the second proviso to that rule, it shall be brought to the Court-house and delivered to the proper officer of the Court. 43-B. (1) Whenever attached property kept in the village or place where it is attached is livestock, the person at whose instance it is so retained shall provide for its maintenance, and, if he fails to do so and if it is in-charge of an officer of the Court, it shall be removed to the Court-house, Nothing in this rule shall prevent the judgment-debtor or any person claiming to be interested in such stock from making such arrangement for feeding the same as may not be inconsistent with its safe custody. (2) The Court may direct that any sums which have been expended by the attaching officer or are payable to him, if not duly deposited or paid, be recovered from the proceeds of property, if sold, or be paid by the person declared entitled to delivery before he receives the same. The Court may also order that any sums deposited or paid under these rules be recovered as costs of the attachment form any party to the proceedings.” (Act 26 of 1968). (5-9-1968).
Rule 43-A
ORISSA.- Same as that of Patna
Rule 43-A
PATNA.- Insert the following as Rule 43-A: “43-A. (1) The attaching officer shall, in suitable cases, keep the attached property in the village or locality either: (a) in his own custody in any suitable place provided by the judgment-debtor or in his absence by any adult member of his family who is present, on his own premises or elsewhere; (b) in the case of live-stock and provided that decree-holder furnishes the necessary funds, in the local pound, if a pound has been established in or near the village, in which case the pound-keeper will be responsible for the property to the attaching officer, and shall receive the same rates for accommodation and maintenance thereof as are paid in respect of impounded cattle of the same description, or such less rate as maybe agreed upon; (c) in the custody of a respectable surety, provided the decree-holder furnishes the cost of maintenance and other costs, if any. (2) lf in the opinion of the attaching officer the attached property cannot be kept in the village or locality, through lack of a suitable place, or satisfactory surety, or through failure of the decree-holder to provide necessary funds, or for any other reason, the attaching officer shall remove the property to the Court at the decree-holder’s expense. In the event of the decree-holder failing to provide the necessary funds, the attachment shall be withdrawn. (3) Whenever attached property is kept in the village or locality as aforesaid the officer shall forthwith report the fact to the Court, and shall with his report forward an accurate list of property seized, such that the Court may thereon at once issue the proclamation of sale prescribed by Rule 66. (4) If the debtor shall give his consent in writing to the sale of property without awaiting the expiry of the term prescribed in Rule 68, the officer shall receive the same and forward without delay to the court for its orders. (5) When property is removed to the Court it shall be kept by the Nazir on his sole responsibility in such place as may be approved by the Court. If the property cannot, from its nature or bulk, be conveniently kept on the Court premises, or in the personal custody of the Nazir, he may, subject to approval by the Court, make such arrangements, for its safe custody under his own supervision as may be most convenient and economical, and the Court may fix the remuneration to be allowed to the persons, not being officers of the Court, in whose custody the property is kept. (6) When property remains in the village or locality where it is attached and any person other than the judgment-debtor shall claim the same, or any part of it, the attaching officer shall nevertheless, unless the decree-holder desires to withdraw the attachment of the property so claimed, maintain the attachment, and shall direct the claimant to prefer his claim to the Court. (7) (a) If the decree-holder shall withdraw an attachment or it shall be withdrawn, under sub-rule (2) or sub-rule (9) the attaching officer shall inform the debtor, or in his absence any adult member of his family, that the property is at his disposal.
(b) In the absence of any person to take charge of it, or in case the officer shall have had notice of claim by a person other than the judgment-debtor, the officer shall, if the property has been moved from the premises in which it was seized, replace it where it was found at the time of seizure. (8) Whenever livestock is kept in the village or locality where it has been attached the judgment-debtor shall be at liberty to undertake the due feeding and tending of it under the supervision of the attaching officer; but the latter shall, if required by the decree-holder, and on his paying for the same at the rate to be fixed by the District Judge and subject to the orders of the Court under whose orders the attachment is made, engage the services of as many persons as may be necessary, for the safe custody of it. (9) In the event of the judgment-debtor failing to feed the attached livestock in accordance with sub-rule (8), the officer shall call upon the decree-holder to pay forthwith, for feeding the same. In the event of his failure to do so, the officer shall proceed as provided in sub-rule (2) and shall report the matter to the Court, without delay. (10) When attached livestock is brought to Court, the Nazir shall be responsible for the safe custody and proper feeding of it so long as the attachment continues. (11) If a pound has been established in or near the place where the Court is held, the Nazir shall be at liberty to place in it such attached livestock as can be properly kept there, in which case the pound-keeper will be responsible for the property to the Nazir and shall receive the same rates for accommodation and maintenance thereof as are paid in respect of impounded cattle of the same description, or such less rate as may be agreed upon. (12) If there be no pound available, or if, in the opinion of the Court, it be inconvenient to lodge the attached livestock in the pound, the Nazir may keep it in his own premises, or he may entrust it to any person selected by himself and approved by the Court. The Nazir will in all cases remain responsible for the custody of the property. (13) Each Court shall from time to time fix the rates to be allowed for the custody and maintenance of the various descriptions of livestock with reference to seasons and local circumstances. The District judge may make any alteration he deems fit in the rates prescribed by Courts subordinate to him. Where there are two or more Courts in the same place, the rates shall be the same for each Court.” (18-10-1933). Rules 43-A to 43-D PUNJAB, HARYANA AND CHANDIGARH.- 43-A - Sub-rules (1) and (2) are same as those of Madras ‘(1) and (2). “(3) A custodian appointed under the second proviso to Rule 43 may at any time terminate his responsibilities by giving notice to the Court of his desire to be relieved of his trust and delivering to proper officer of the Court the property made over to him. (4) When any property is taken back from a custodian, he shall be granted a receipt for the same.” 43-B. Same as that of Madras. “43-C. When an application is made for the attachment of livestock or other movable property, the decree-holder shall pay into Court in cash such sum as will cover the cost of the maintenance and custody of the property for fifteen days. If within three clear days, before the expiry of any such period of fifteen days the amount of such costs or such further period as the Court may direct be not paid into Court, the Court on receiving a report thereof from the proper officer, may issue an order for the withdrawal of the attachment and direct by whom the costs of the attachment are to be paid. 43-D. Any person who has undertaken to keep attached property under Rule 43(1)(c) shall be liable lobe proceeded against as surety under Section 145 of the Code and shall be liable to pay in execution proceedings the value of any such property wilfully lost by him.” (1-11-1966).
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