Rules

Rules (See section 38) SIGNATURE AND VERIFICATION OF REQUISITIONS FOR CERTIFICATES 1. Signature and verification of requisition for certificate.-(1) Every requisition made under section 5 shall be signed and verified at the foot by the person making it. (2) The verification shall state that the person signing the requisition has been satisfied by inquiry that the amount stated in the requisition is actually due. (3) The verification shall be signed by the person making it, and shall state the date on which it is signed. SERVICE OF NOTICES 2. Mode of service. -Service of a notice issued under section 7, or under any other provision of this Act, shall be made by delivering or tendering a copy thereof, signed by the Certificate Officer or such ministerial officer as he authorizes in this behalf, and sealed with the seal ofthe Certificate Officer. 3. Service on certificate-debtor or his agent.-Wherever it is practicable, service shall be made on the certificate-debtor in person, unless he has an agent empowered to accept service, in which case service on such agent shall be sufficient. 4. Service on adult male member of certificate-debtor's family.-Where the certificate-debtor cannot be found, and has no agent empowered to accept service ofthe notice on his behalf, service may be made on any adult male member of the family of the certificate-debtor who is residing with him. Explanation.-A servant is not a member of the family within the meaning of this rule. 5. Person served to sign acknowledgment.-Where the serving officer delivers or tenders a copy of the notice to the certificate-debtor personally, or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to an acknowledgment of service endorsed on the original notice. 6. Procedure where certificate-debtor refuses to accept service or cannot be found.-Where the certificate- debtor or his agent, or such other person as aforesaid refuses to sign the acknowledgment, or where the serving officer, after using all due and reasonable diligence, cannot find the certificate-debtor, and there is no agent empowered to accept service of the notice on his behalf, nor any other person on whom service can be made, the serving officer shall- (a) affix a copy of the notice on the outer door or some other conspicuous part of the house in which the certificate-debtor ordinarily resides or carries on business or personally works for gain, or (b) if there be land affected by the notice, affix a copy of the-notice on some conspicuous place in the office of the Certificate Officer and also on some conspicuous part of the land, and shall then return the original to the Certificate Officer by whom it was issued, with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, and the name and address of the person (if any) by whom the house or land was identified and in whose presence the copy was affixed. 7. Endorsement oftime and manner of service.-The serving officer shall in all cases in which the notice has been served under rule 5, endorse or annex, or cause to be endorsed or annexed, on or to the original notice, a return stating the time when and the manner in which the notice was served, and the name and address of the person (if any) identifying the person served and witnessing the delivery or tender of the notice. 8. Examination of serving officer.-Where a notice is returned under rule 6, the Certificate Officer shall, if the return under that rule has not been verified by the affidavit of the serving officer, and may, if it has been so verified, examine the serving officer on oath, or cause him to be so examined by another Certificate Officer, or, subject to any general order of the Deputy Commissioner, by an Assistant Deputy Commissioner, Deputy Commissioner or Sub-Deputy Deputy Commissioner, touching his proceedings and may make such further inquiry in the matter as he thinks fit; and shall either declare that the notice has been duly served or order such service as he thinks fit. 9. Service by post.-Notwithstanding anything herein before contained, the notice may, if the Certificate Officer so directs, be served by post. Petitions under Section 9, denying Liability PETITIONS UNDER S 9 DENYING LIABILITY 10. Signature and verification of petition denying liability.-(1) Every petition filed under section 9, denying liability, shall be signed and verified at the foot by the certificate-debtor or by some other person on his behalf who is proved to the satisfaction of the Certificate Officer to be acquainted with the facts of the case. (2) The verification shall be signed by the person making it, and shall state the date on which it is signed. 11 .Transfer of such petitions.-(1) The Certificate Officer may, subject to any general or special order of the Deputy Commissioner, transfer to any Assistant Deputy Commissioner or additional Deputy Commissioner subordinate to the Deputy Commissioner any petition filed under section 9; and such Assistant Deputy Commissioner or additional Deputy Commissioner shall hear and determine such petition accordingly: Provided that the Deputy Commissioner may re-transfer any petition so transferred, and order that it be heard and determined by the Certificate Officer. (2)The provisions of section 10 shall be applicable to any Assistant Deputy Commissioner or additional Deputy Commissioner to whom any such petition has been transferred under sub-rule (1). EXECUTION OF CERTIFICATES 12. Execution in another district-Where a copy of a certificate is sent for execution to any other certificate Officer under section 12, sub-section (1), the certificate may be executed by him. Attachment of Movable Property, etc. ATIACHMENT OF MOVABLE PROPERTY 13. Application for attachment of movable property in the possession ofthe certificate-debtor.-At the time of making an application for the attachment of movable property in the possession of the certificate-debtor, the certificate-holder shall declare whether the property is above or below Rs. 20 in value. If the property is declared to be above Rs. 20 in value, the certificate-holder shall pay the costs of issuing the proclamation of sale. If, however, the value of the property, having been declared to be Rs. 20 or under, should be found as determined by rule 14, to exceed Rs. 20, the certificate-holder shall pay the costs of issuing the proclamation of sale immediately on receipt of notice of attachment. 14. Procedure for the attachment of movable property when its value is up to Rs. 20 or above.- When the attaching officer believes that the property attached does not exceed Rs. 20 in value, he shall inform the debtor or, in his absence, any present adult member of his family, that it will be sold by public auction at once without the issue of any proclamation. In case the certificate-holder or the certificate-debtor, or any person on his behalf, object to this, the attaching officer shall convoke a panchayat of not less than three respectable adult male inhabitants of the neighbourhood, of whom ordinarily the headman of the village should be one, and shall require them to assess the value of the property. If they determine that it exceeds Rs. 20 in value, he shall deal with it according to the rules for the sale of movable property exceeding Rs. 20 in value; otherwise he shall forthwith proceed to sell it by auction after giving such reasonable notice as the circumstances of the case admit ofto intending purchasers. 15. Attachment of movable property (other than agricultural produce) in possession of certificate-debtor.- Where the property to be attached is movable property (other than agricultural produce) in the possession of the certificate-debtor, the attachment shall be made by actual seizure, and the attaching officer shall keep the property in his own custody or in the custody of one of his subordinates, and shall be responsible for the due custody thereof: Provided that, when the property seized is subject to speedy and natural decay or when the expense of keeping it in custody is likely to exceed its value, the attaching officer may sell it at once. 16. Attachment of agricultural produce.-Where the property to be attached is agricultural produce, the attachment shall be made by affixing a copy of the warrant of attachment- (a) where such produce is growing crop - on the land on which such crop has grown, or (2) Subject to such conditions as may be imposed by the Certificate Officer in this behalf, either in the order of attachment or in any subsequent order, the certificate debtor may tend, cut, gather and store the produce and do any other act necessary for maturing or preserving it and if the certificate-debtor fails to do all or any of such acts, the certificate-holder may, with the permission of the Certificate Officer and subject to the like conditions, do all any of them either by himself or by any person appointed by him in this behalf, and the costs incurred by the certificate-holder shall be recoverable from the certificate-debtor as if they were included in the certificate. (3) Agricultural produce attached as a growing crop shall not be deemed to have ceased to be under attachment or to require re-attachment merely because it has been served from the soil. (4) Where an order for the attachment of growing crop has been made at a considerable time before the crop is likely to be fit to be cut or gathered, the Certificate Officer may suspend the execution of the order for such time as he thinks fit, and may, in his discretion, make a further order prohibiting the removal of the crop pending the execution of the order of attachment. (5) A growing crop which from its nature does not admit of being stored shall not be attached under this rule at any time less than twenty days before the time at which it is likely to be fit to be cut or gathered. 17. Provision as to agricultural produce under attachment.-(1) Where agricultural produce is attached, the Certificate Officer shall make such arrangements for the custody thereof as he may deem sufficient, and for the purpose of enabling the Certificate Officer to make such arrangements, every application for the attachment of a growing crop shall specify the time at which it is likely to be fit to be cut or gathered and the applicant shall deposit in Court such sum as the Court shall require in order to defray the cost of watching or tending the crop till such time.