JUDGMENT : A. Muhamed Mustaque, ACJ. A charitable society called Self Employees Service Society, registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, approached this Court questioning the proceedings of the competent authority constituted under the Kerala Banning of Unregulated Deposit Schemes Act, 2019 (BUDS Act). The competent authority passed a provisional order invoking Section 7(3) of the BUDS Act, provisionally attaching all movable and immovable properties belonging to the society. A reasoned order has been passed. The question raised before the Court is that whether such a provisional order, without enlisting the movable and immovable properties, is legally sustainable and whether it is in the statutory form (Form 1) or not. 2. The learned Single Judge disposed of the matter relegating the appellant/petitioner to approach the Designated Court. 3. The learned counsel appearing for the appellant/petitioner argued in extenso and submitted that the impugned order is per se illegal as it does not contain the list of movable and immovable properties belonging to the society. It is further argued that Rule 4 of the Kerala Banning of Unregulated Deposit Scheme Rules, 2021 (BUDS Rules) prescribes the procedure to be followed for issuing such provisional order. 4. We also heard the learned Government Pleader and the learned counsel for the party respondents. 5. Section 7(3) of the BUDS Act refers to the power of the competent authority to pass provisional order attaching the deposits or any other property acquired by the deposit taker. 6. Section 14 of the BUDS Act states that the competent authority shall, within the maximum period of 60 days from the date of provisional order, file an application with such particulars as may be prescribed before the Designated Court for making the provisional attachment absolute and for permission to sell the property so attached by public auction or, if necessary, private sale. 7. The simple question in this case is the legality of the provisional order passed. Once the order is passed and the procedure under Section 14 of the BUDS Act is complied, the rest of the remedy lies before the Designated Court and the Designated Court can pass appropriate orders invoking Section 15(3) of the BUDS Act either by making attachment absolute, or varying it by releasing a portion of the property from attachment or cancelling the provisional order of attachment. 8. 8. The BUDS Act is central legislation wherein the procedure to be followed in the matter of attachment is silent. However, under Section 38 of the BUDS Act, the State Government is empowered to prescribe the procedure and manner of provisional attachment to be effected by the competent authority under Section 7(3) of the BUDS Act. In exercise of the power, the State of Kerala framed BUDS Rules notified on 25.11.2021. It is appropriate to refer Rule 4 of the BUDS Rules here. “4. Manner of provisional attachment and administration of attached property.- (1) Where the Competent Authority have reason to believe that any deposit taker is soliciting deposits in contravention of section 3 of the Act, the Competent Authority shall pass an interim order of the provisional attachment of the deposits held by the deposit taker and the money or other property acquired either in the name of the deposit taker or in the name of any other person on behalf of the deposit taker under sub-section (3) of section 7 of the Act in Form No.1. to that effect mentioning the details of the property to be attached . (2) A copy of the order of provisional attachment shall be served to the owner of the property or any person who claims to be in possession of the property or any other person who has an interest in the said property. (3) After passing the provisional attachment order under sub-rule (1), the Competent Authority shall direct the officers appointed under sub-section (2) of section 7 of the Act, to prepare and maintain details of the properties so attached and the expenditure incurred in this regard in Form No. 2. xxxxxxxxxxxxxxxxxxxxxxxxxx” 9. The Rule as above has to be interpreted in the light of Section 14 of the BUDS Act. The Rule makes it clear that it is not necessary while passing provisional attachment order, the entire list of property should be mentioned or enlisted along with the provisional order. Under Section 14 of BUDS Act, the competent authority shall, within a period of thirty days, which may extend up to sixty days, file an application with such particulars to make the provisional order as absolute. 10. Under Section 14 of BUDS Act, the competent authority shall, within a period of thirty days, which may extend up to sixty days, file an application with such particulars to make the provisional order as absolute. 10. Rule 4(1), if read in the light of Section 14 of the BUDS Act, shows that the list of property under attachment need to be furnished in Form 1 before the Designated Court and to communicate the same to all party concerned within a period of sixty days after passing such provisional order. The provisional order is in the nature of a prohibitory order. The competent authority can seek assistance of officers appointed under Section 7(2) of the BUDS Act to prepare the list of the properties so attached and communicate the same to all concerned within sixty days. That means, at the time of passing the provisional order, it has to state the reasons for passing such order and the list can be prepared subsequently within the time period allowed under Section 14 of the BUDS Act, if so required, with the assistance of the officers appointed under Section 7(2) of the BUDS Act. It is not necessary that, while passing the order under Section 7(3) of the BUDS Act, the competent authority should prepare the entire list of the property so attached. 11. However, we note certain ambiguity in Form 2. It does not relate to any of the functions referable under Rule 4(3) of the BUDS Rules. Rule 4(3) of the BUDS Rules relates to the preparation of the list of the property to be attached by the officers appointed under Section 7(2) of the BUDS Act. We bring this ambiguity to the Government to make appropriate changes in Form 2. In the light of above, we find that the order passed does not suffer from any illegality. The order was passed only on 30.05.2024. The list can be prepared within the maximum time granted under Section 14 of the BUDS Act and that has to be intimated to the all concerned including the deposit taker also in Form 1. Thus, we dispose of this writ appeal clarifying the law as above and hold that the challenge at this stage is premature and unsustainable.