50. Local extent of Chapter. Saving of certain rents.—This Chapter extends to every place
within the local limits of the ordinary original civil jurisdictions of the High Courts of Judicature
at Fort William, Madras and Bombay. But nothing contained in this Chapter applies—
(a) to any rent due to Government;
(b) to any rent which has been due for more than twelve months before the application mentioned
in section 53.
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[51. Appointment of bailiffs and appraisers.—Four or more persons shall be appointed
bailiffs and appraisers for the purposes of this Chapter.]
52. Appointees to be public servants.—The persons so appointed 2*** shall be deemed to be
public servants within the meaning of the Indian Penal Code (45 of 1860).
53. Application for distress-warrant.—Any person claiming to be entitled to arrears of rent of
any house or premises to which this Chapter extends, or his duly constituted attorney, may apply to any
Judge of the Small Cause Court, or to the Registrar of the Small Cause Court, for such warrant as is
hereinafter mentioned.
The application shall be supported by an affidavit or affirmation to the effect of the form (marked A)
in the Third Schedule hereto annexed.
STATE AMENDMEMT
Maharashtra
Amendment of section 53 of Act XV of 1882.—In section 53 of the principal Act,--
(a) the first paragraph shall be numbered as sub-section (1) of that section and to sub-section (1)
as so numbered, the following proviso shall be added, namely:--
“Provided that before making an application such person shall give 15 days’ notice to the
person liable to pay the arrears of rent making a demand of the said arrears.”
(b) the second paragraph shall be numbered as sub-section (2) of that section and in sub-section (2) as so
numbered, after the words “The application” the words, brackets and figure “made under sub-section ()”
shall be inserted.
[Vide Maharashtra Act XXXV of 1961, s. 3]
54. Issue of distress-warrant.—The Judge or Registrar may thereupon issue a warrant under his
hand and seal and returnable within six days, to the effect of the form (marked B) contained in the same
Schedule, addressed to any one of such bailiffs.
The Judge or Registrar may at his discretion, upon personal examination of the person applying for
such warrant, decline to issue the same.
55. Time for distress.—Every distress under this Chapter shall be made after sunrise and before
sunset, and not at any other time.
56. What places bailiff may force open.—The bailiff directed to make the distress may force
open any stable, outhouse or other building, and may also enter any dwelling-house, the outer door of
which may be open, and may break open the door of any room in such dwelling-house for the purpose of
seizing property liable to be seized under this Chapter:
Provided that he shall not enter or break open the door of any room appropriated for the zenana or
residence of women, which by the usage of the country is considered private.
1. Subs. by the A.O. 1937, for section 51.
2. Certain words omitted, ibid.
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57. Property which may be seized.—In pursuance of the warrant aforeasaid, the bailiff shall seize
the movable property found in or upon the house or premises mentioned in the warrant and belonging to
the person from whom the rent is claimed (hereinafter called the debtor), or such part thereof as may, in
the bailiff’s judgment, be sufficient to cover the amount of the said rent, together with the costs of the said
distress:
Provided that the bailiff shall not seize—
(a) things in actual use; or
(b) tools and implements not in use, where there is other movable property in or upon the house or
premises sufficient to cover such amount and costs; or
(c) the debtor’s necessary wearing apparel; or
(d) goods in the custody of the law.
58. Impounding distress.—The bailiff may impound or otherwise secure the property so seized
in or on the house or premises chargeable with the rent.
59. Inventory. Notice of intended appraisement and sale.—On seizing any property
under section 57 the bailiff shall make an inventory of such property and shall give a notice in writing to
the effect of the form (marked C) in the third schedule hereto annexed to the debtor, or to any other
person upon his behalf in or upon the said house or premises.
Copies of inventory and notice to be filed.—The bailiff shall, as soon as may be, file in the Small
Cause Court copies of the said inventory and notice.
60. Application to discharge or suspend warrant.—The debtor or any other person
alleging himself to be the owner of any property seized under this Chapter, or the duly constituted
attorney of such debtor or other person, may, at any time within five days from such seizure, apply to any
Judge of the said Court to discharge or suspend the warrant, or to release a distrained article, and such
Judge may discharge or suspend such warrant or release such article accordingly, upon such terms as he
thinks just,
and any of the Judges of the said Court may in his discretion give reasonable time to the debtor to pay
the rent due from him.
Upon any such application, the costs attending it and attending the issue and execution of the warrant
shall be in the discretion of the Judge, and shall be paid as he directs.
61. Claim to goods distrained made by a stranger.—If any claim is made to, or in respect
of, any property seized under this Chapter, or in respect of the proceeds or value thereof, by any person
not being the debtor, the Registrar of the Small Cause Court, upon the application of the bailiff who
seized the property, may issue a summons calling before the Court the claimant and the person who
obtained the warrant.
And thereupon any suit which may have been brought in the High Court in respect of such claim shall
be stayed, and any Judge of the High Court, on proof of the issue of such summons and that the property
was so distrained, may order the plaintiff to pay the costs of all proceedings in such suit after the issue of
such summons.
And a Judge of the Small Cause Court shall adjudicate upon such claim and make such order between
the parties in respect thereof and of the costs of the proceedings as he thinks fit;
and such order shall be enforced as if it were an order made in a suit brought in such Court.
The procedure in Small Cause Courts in cases under this section shall conform, as far as may be, to the
procedure in an ordinary suit in such Courts.
62. Power to award compensation to debtor or claimant.—In any case under section 60
or section 61 the Judge by whom the case is heard may award such compensation by way of damages to
the applicant or claimant (as the case may be) as the Judge thinks fit,
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and may for that purpose make any inquiry he thinks necessary;
and the order of the Judge awarding or refusing such compensation shall bar any suit for the recovery
of compensation for any damage caused by the distress.
63. Power to transfer to High Court cases involving more than one thousand
rupees.—In any case under section 60 or section 61, if the value of the subject-matter in dispute exceeds
one thousand rupees, the applicant or claimant may apply to the High Court to transfer the case to itself,
and the High Court, on being satisfied that it is expedient that the case should be disposed of by itself,
may direct the case to be transferred accordingly, and may thereupon alter or set aside any order passed in
the case by a Judge of the Small Cause Court, and may make such order therein as the High Court thinks
fit.
Every application under this section shall be made within seven days from the date of the seizure of
the subject-matter in dispute.
In granting applications under this section, the High Court may impose such terms as to
payment of, or giving security for, costs or otherwise as it thinks fit.
The procedure in cases transferred under this section shall conform, as far as may be, to the
procedure in suits before the High Court in the exercise of its ordinary original civil jurisdiction;
and orders made under this section may be executed as if they were made in the exercise of such
jurisdiction, and every such order awarding or refusing compensation shall bar any suit for the
recovery of compensation for any damage caused by the distress which gave rise to the case
wherein such order was made.
64. Appraisement.—In default of any order to the contrary by a Judge of the Small Cause
Court or by the High Court, any two of the said bailiffs may, at the expiration of five days from a
seizure of property under this Chapter, appraise the property so seized, and give the debtor notice
in writing to the effect of the form (marked D) in the third schedule hereto annexed.
Notice of sale.—The bailiffs shall file in the Small Cause Court a copy of every notice given under
this section.
65. Sale. Application of proceeds.—In default of any such order to the contrary, the
distrained property shall be sold on the day mentioned in such notice, and the said bailiffs shall,
on realizing the proceeds, pay over the amount thereof to the Registrar of the Small Cause Court;
and such amount shall be applied first in payment of the costs of the said distress and then in
satisfaction of the debt; and the surplus, if any, shall be returned to the debtor:
Provided that the debtor may direct that the sale shall take place in any other manner, first giving
security for any extra costs thereby occasioned.
66. Costs of distresses.—No costs of any distress under this Chapter shall be taken or demanded
except those mentioned in the part (marked E) of the third schedule hereto annexed.
1* * * * *
67. Account of costs and proceeds.—The Registrar of the Small Cause Court shall keep a
book in which all sums received as costs upon distresses made under this Chapter, and all sums
paid as remuneration to the said bailiffs, and all contingent charges incurred in respect of such
distresses, shall be duly entered.
He shall also enter in the said book all sums realised by sale of the property distrained and paid over
to landlords under the provisions of this Chapter.
68. Bar of distresses except under this Chapter.—No distress shall be levied for arrears of rent
except under the provisions of this Chapter;
1. Second paragraph Rep. by the A.O. 1937.
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Penalty for making illegal distresses.—and any person, except a bailiff appointed under
section 51, levying or attempting to levy any such distress, shall, on conviction before a
Presidency Magistrate, be liable to be punished with fine which may extend to five hundred
rupees and with imprisonment for a term which may extend to three months, in addition to any
other liability he may have incurred by his proceedings.