Subs. by sec. 61 U. P. Act No. 09 of 1994. — U. P. ACT No . XXXIII of 1961 ]

1 . Subs. by sec. 61 U. P. Act No. 09 of 1994. door of an apartment appropriated for women until he has given any women therein an opportunity to withdraw. 153. (1) It shall also be lawful for the officer mentioned in section 152 to distrain, wherever it may be found within the rural area, any movable property of the defaulter, subject to the provisions of subsection (2). (2) The following property shall not be distrained — (a) the necessary wearing apparel and bedding of the defaulter, his wife and children, and his necessary cooking utensils, (b) the tools of artisans, (c) books of account, (d) when the defaulter is an agriculturist, his implements of husbandry, seed, grain, and such cattle as may be necessary to enable him to earn his livelihood. (3) The distress shall not be excessive, that is to say, the property distrained shall be as nearly as possible equal in value to the amount recoverable under the warrant, and if any articles have been distrained which, in the opinion of a person authorized by or under sub-section (2) of section 158 to sign a warrant, should not have been so distrained they shall all forthwith be returned. (4) The officer shall, on seizing the property, forthwith make an inventory thereof, and shall, before removing the same give to the person in possession thereof at the time of seizure a copy of the inventory signed by him and a written notice in such form as the 1 [Zila Panchayat] may, by regulation, prescribe that the said property will be sold as specified in such notice. (1) When the property seized is subject to speedy and natural decay, or when the expense of keeping in custody together with the amount to be recovered is likely to exceed its value, the Adhyaksha or other officer by whom the warrant was signed, shall at one give notice to the person in whose possession the property was seized to the effect that it will be sold at once and shall sell it accordingly unless the amount named in the warrant be forthwith paid. If not sold at once under sub-section (1) the property seized or sufficient portion thereof, may, on the expiration of the time specified in the notice served by the officers executing the warrant be sold by public auction under the order of the 1 [Zila Panchayat], unless the warrant is suspended by the person who signed it or the sum due from the defaulter is paid together with all costs incidental to the notice, warrant and distress and detention of the property. The surplus if any, shall forthwith be remitted by money order, less postal commission, to the person from whose possession

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