Presentation on theme: "Section 8-B(a) : Attachment A.Attachment of Movable Property 1.Warrant of attachment Form No. EPFCP-2 2.Actual Seizure 3.Attachment of Agricultural Produce."— Presentation transcript:
Section 8-B(a) : Attachment A.Attachment of Movable Property 1.Warrant of attachment Form No. EPFCP-2 2.Actual Seizure 3.Attachment of Agricultural Produce B.Attachment of Movable Property by issuing Prohibitory Order 1.Attachment of debt not secured by a negotiable instrument(3) 2.Attachment of shares in corporations(4) 3.Attachment of movable property in possession of the defaulter(5)
Section 8-B(a) : Attachment(Contd…) C.Attachment in other cases 1.Attachment of Decree(6) 2.Attachment of share in movable property(7) 3.Attachment of salary of the employees of Govt. and Local Authorities(8) 4.Attachment of Negotiable Instruments(9) 5.Attachment of property in the custody of a Court or a Public Officer(EPFCP-10) 2.Attachment of defaulter’s partnership property(11) D.Expenses on attachment
Section 8-B(a) : Attachment(Contd…) E.Attachment of Immovable property 1.Attachment of Immovable Property – how made : 2.Effect of Attachment 3.Attachment Procedure 4.Duties and responsibilities of Recovery Officer/recovery Enforcement Officer
Section 8-B(a) : Attachment(Contd…) As per Section 60 of CPC the following properties are attachable : Land, Houses, Buildings, Goods, Money, Bank Notes, Cheques, Bills of Exchange, Hundies, Govt. Securities, Bonds or other Securities for monies, Debts, Shares in a Corporation, All other saleable Property- movable or immovable over which the defaulter has disposing power.
Section 8-B(a) : Attachment(Contd…) Immovable Property not attachable : Land and Buildings under the possession of the Agriculturists, Labourer, Servants and occupied by them. Property standing on lease.
Section 8-B(a) : Attachment(Contd…) Movable Property not attachable : Wearing Apparel, Mangal Sutra or Ornaments on defaulter’s wife which constitutes Stridhan, Tools of Artisans, Books of Accounts, A mere right to sue for damage, Any right of personal service, Stipends and Gratuties, Family Pension, Wages of Labour, Domestic Servants, Provident Fund and other Fixed Deposits, PPF,LIC Premia, Allowance to Salary of Govt. Servant.
Section 8-B(a) : Attachment(Contd…) Movable Property not attachable : ( contd…) Right to Workshop, Right of residence, Life Policy assigned, Future salary, Money falling due on a future date, Money due from the purchaser before registering the documents, Sewing machine of a Tailor, Rewards for personal service, Salary of MPs, MLAs, Compensation paid to the heirs, widow or children of a deceased defaulter died of motor accident.
Section 8-B (a) : Sale (Contd…) F.Sale of Movable and Immovable property 1.Issue of warrant 2.Issue of proclamation of sale 3.Ingredients of a valid Proclamation a)A proclamation should be made in the local language. b)The time and place of sale should be clearly and precisely indicated in the proclamation. c)The proclamation should state whether the sale is subject to confirmation or not. d)Exact description of property must be given as fairly and accurately as possible.
Section 8-B (a) : Sale (Contd…) e)The order in which the properties are to be sold must be indicated in the proclamation and, at the time of the auction, the order should be faithfully followed. f)The amount of arrears, including interest, costs and expenses, for the recovery of which the sale is ordered, must be specified. g)The name of the Recovery Enforcement Officer authorised to conduct auction mudt also be indicated.
Section 8-B (a) : Sale (Contd…) 4.Proclamation how made 5.Legal representative to be brought on record if defaulter dies. 6.Provisions applicable to movable properties. 7.Provisions applicable to immovable property only. 8.Material needed by the Recovery Enforcement Officer for proclamation. 9.Steps to be taken by the Recovery Enforcement Officer while actually making a proclamation. 10.Check list to be kept by the Recovery Enforcement Officer.