Conduct & Disciplinary Rules - 55 : Article from Mr. K.V.Shridharan, Ex General Secretary, AIPEU Group C

 Conduct & Disciplinary Rules - 55 : Article from Mr. K.V.Shridharan, Ex General Secretary, AIPEU Group C

 Conduct & Disciplinary Rules – 55

DEPARTMENTAL ENQUIRIES AND INVESTIGATIONS

29. ATTACHMENT OF PROPERTY OF PERSON ABSCONDING.

(1) The Court issuing a proclamation under Section-82 may, for reason to be recorded in writing, at any time after the issue of the proclamation, order the attachment of the property, movable or immovable or both, belonging to the proclaimed person.

Provided that where at the time of the issue of proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued, -

(a) is about to dispose of the whole or any part of his property or

(b) is about to remove the whole or any part of his property from the local jurisdiction of the court It may order the attachment simultaneously with the issue of the proclamation."

(2) Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situated.

(3) If the property ordered to be attached is debt or other movable property, the attachment under this Section shall be made

(a) by seizure; or

(b) by the appointment of a receiver; 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 of such methods, as the court thinks fit.

(4) If the property ordered to be attached is immovable the attachment under this section shall, in the case of land paying Revenue to the State Government, be made through the Collector of the District in which the land is situated, and in all other cases:

(a) by taking possession; or

(b) by the appointment of a receiver; or

(c) by an order in writing prohibiting the payment of rent is on delivery of property to the proclaimed person or to any one on his behalf; or

(d) by all or any two of such methods, as the court thinks fit.

(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court may, if it thinks it is expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide by the order of the court.

(6) The powers, duties and liabilities of receiver appointed under this section shall be the same as those of a receiver appointed under the code of Civil Procedure, 1908 (5 of 1908).

(Section-83. Cr. P. C).

30. RECORD OF EVIDENCE IN ABSENCE OF ACCUSED

(1) If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the court competent to try such person for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on the enquiry into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense or inconvenience which, under circumstances of the case, would be unreasonable.

(2) If it appears that an offence punishable with death or imprisonment for life has been committed by some person or persons unknown, the High Court or the Sessions Judge may direct that any Magistrate of the First Class shall hold an enquiry and examine any witness who can give evidence concerning the offence and any deposition so taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of India

Section 299 of Cr.P.C