Rules Regarding Form of Warrant and Notice

Published vide Notification No. 38-U-18, M.P. Gazette, Part 2, dated 23-5-1962 at page 123

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Definitions.- In these rules, (a) "Section"means a section of the Madhya Pradesh Municipalities Act, 1961.

(b) "Form" means a Form appended to these rules.

Form of Warrant.- Warrant under sub-section (1) of Section 167 shall be in Form A.
Form of Notice.- The notice under clause (c) of sub-section (4) of Section 167 shall be in Form B.
Rules shall be general.- These rules shall be general for all Municipalities.

Form A

[See Rule 2]

Warrant under sub-section (1) of Section 167 of the Madhya Pradesh Municipalities Act, 1961

From

The Chief Municipal Officer, Municipal Council,

.....................Municipality.

...................

(Name of the officer to whom the warrant is addressed according to the provisions of sub-section (2) of Section 167 of the said Act).

Whereas Shri................son of.................resident of..........has not paid the sum of Rs...................demanded in the notice served upon him under sub-section (3) of Section 164 of the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961) within fifteen days from the service of the said notice;

You are hereby ordered, unless the said Shri has proved to your satisfaction that he has paid the said sum to the municipality or pays the said sum to you, to recover the said sum with all cost of recovery by distress and sale of movable property or by attachment and sale of immovable property belonging to the said Shri..............

[Subject to the provisions of sub-section (3) of Section 167 of the said Act, you are authorised to break open at any time between sunrise and sunset any outer or inner door or a window of the building in order to make the distress directed in this warrant.]

You are further ordered to return this warrant on or before the ............. day of 19... with an endorsement certifying the date and manner in which it has been executed or why it has not been executed and also to enclose an inventory' of the property distrained or attached.

Given under my hand and the seal of this office, this day of.................. 19................

Chief Municipal Officer.

Note. - If the defaulter produces a respectable 'supraddar' the attached movable property need not be taken to the municipal office.

Form B

[See Rule 3]

Notice under clause (c) of sub-section (4) of Section 167 of the Madhya Pradesh Municipalities Act, 1961

...................

You are thereby informed that the property mentioned in the inventory below which has been distrained or attached under sub-section (4) of Section 167 of the Madhya Pradesh Municipalities Act, 1961, for the recovery of the sum of Rs................shall, unless the sum aforesaid be paid by you before the date herein fixed for sale, be sold by public auction at ..................... on ............day of.................. 19......at or about..................

Inventory

Date..............

.................. Signature of the Officer Seal