(5) If the property ordered to be attached consists of livestock or is of a perishable nature, the Court
may, if it thinks expedient, order immediate sale thereof, and in such case the proceeds of the sale shall
abide the order of the Court.
(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those
of a receiver appointed under 1[Order XL of the Code of Civil Procedure, 1908 (Act V of 1908)].
2[(6A) If any claim is preferred to, or objection made to the attachment of, any property attached under
this section within six months 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 section, 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 subsection may,
in the event of the death of the claimant or objector, be continued by his legal representative.
(6B) Claims or objections under subsection (6A) may be preferred or made in the Court by which the
order of attachment is issued or, if the claim or objection is in respect of property attached under an order
endorsed by a 3[Sessions Judge] 4* * * in accordance with the provisions of subsection (2), in the Court of
such Magistrate.
(6C) Every such claim or objection shall be inquired into by the Court 3[or Magistrate] in which it is
preferred or made 3[.]
3* * *
(6D) Any person whose claim or objection has been disallowed in whole or in part by an order under
subsection (6A) may, within a period of one year from the date of such order, institute a suit to establish the
right which he claims in respect of the property in dispute; but subject to the result of such suit, if any, the
order shall be conclusive.
(6E) If the proclaimed person appears within the time specified in the proclamation, the Court shall
make an order releasing the property from the attachment.]
(7) If the proclaimed person does not appear within the time specified in the proclamation, the property
under attachment shall be at the disposal of 5[the Provincial Government], but it shall not be sold until the
expiration of six months from the date of the attachment 6[and until any claim preferred or objection made
under subsection (6A) has been disposed of under that subsection], unless if is subject to speedy and
natural decay, or the Court considers that the sale would be for the benefit of the owner, in either of which
cases the Court may cause it to be sold whenever it thinks fit.
1 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “Chapter XXXVI of the Code of Civil Procedure”.
2 Subsection (6A) to (6E) ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s.13.
3 Subs., Ins. and Omitted by Ord. 37 of 2001, s. 24 (w.e.f. 1482001).
4 The words “or Chief Presidency Magistrate” omitted by A.O., 1949, Sch.
5 Subs. by A.O., 1937, for “Govt.”.
6 Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s.13.
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