Print View
[Section Index]
17. (1) If the Government has reasons to believe that a person, who, in the opinion of the Government, is required for the purpose of any investigation, enquiry or other proceedings connected with an offence punishable under this Order, is absconding or is otherwise concealing himself or remaining abroad to avoid appearance, the Government, may, by a written proclamation published in the official Gazette or in such other manner as may be considered suitable to make it widely known:¾
(a) direct the person named in the proclamation to appear at a specified place at a specified time;
(b) direct attachment of any property, movable or immovable, or both, belonging to the proclaimed person.
Explanation :“Property belonging to the proclaimed person”shall include property, movable and immovable, standing in the name of the proclaimed person or in the name of his wife, children, parents, minor brothers, sisters of dependents or any benamdar.
(2) If the property ordered to be attached is a debt or other movable property, the attachment shall be made,¾
(a) by seizure; or
(b) by the appointment of an administrator; or
(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of the methods mentioned in sub-clauses (a), (b) and (c) as the Government may direct.
(3) If the property ordered to be attached is immovable, the attachment shall be made in the case of land paying revenue to Government, by the Deputy Commissioner of the district in which the land is situate, and in all other cases,¾
(a) by taking possession of the property; or
(b) by the appointment of an administrator; or
(c) by an order in writing prohibiting the payment of rent or delivery of the property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of the methods mentioned in sub-clauses (a), (b) and (c) as the Government may direct.
(4) If the property ordered to be attached consists of livestock or is of a perishable nature, the Government may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Government.
(5) The powers, duties and liabilities of an administrator appointed under this Article shall be the same as those of a receiver appointed under Chapter XXXVI of the Code of Civil Procedure,1908 (Act V of 1908).
(6) If any claim is preferred to, or objection made to the attachment of, any property attached under this Article, within seven days from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under this Article, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part:
Provided that any claim preferred or objection made within the period allowed by this clause may, in the event of the death of the claimant or objector, be continued by his legal representative.
(7) A claim or an objection under clause (6) may be preferred or made before such person or authority as is appointed by the Government.
(8) Any person whose claim or objection has been disallowed in whole or in part by an order under clause (6) may, within a period of one month from the date of such order, appeal against such order to an appellate authority, constituted by the Government, for such purpose, but subject to the order of such appellate authority, the order shall be conclusive.
(9) If the proclaimed person appears within the time specified in the proclamation, the Government may make an order releasing the property from the attachment.
(10) If the proclaimed person does not appear within the time specified in the proclamation, the Government may pass an order forfeiting to the Government the property under attachment.
(11) When any property has been forfeited to the Government under clause (10), it may be disposed of in such manner as the Government directs.