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State of Kerala - Section

Section 24 in Kerala Chitties Act, 1975

24. Removal of defaulting subscribers.

(1)If a non-prized subscriber defaults to pay his subscription in accordance with the terms of the variola for a period of one month, the foreman may, after intimating him by written notice, remove his name from the list of subscribers and substitute any other person in his place:Provided that if the defaulter pays up the defaulted instalment with interest at the rate of nine per cent per annum within one week of receipt of such notice, his name shall not be liable to be removed.
(2)The foreman shall
(a)enter every removal and substitution under sub-section (1) with the dates thereof in the chitty books; and
(b)give a written notice of such removal and substitution to the defaulting subscriber within fourteen days thereof.
(3)A true copy of the entry referred to in sub-section (2) shall be filed by the foreman with the Registrar within fourteen days from the date of such removal or substitution and any amount of arrears of subscriptions realised from a substituted subscriber to the extent of the amount already paid by the defaulting subscriber shall, before the date of the next succeeding instalment, be deposited by the foreman in an approved bank mentioned in the variola.
(4)The foreman shall not withdraw the amount deposited under sub-section (3) except for payment to the defaulting subscriber.
(5)If any foreman makes default in complying with the requirements of this section, he shall be punishable with fine which may extend to one hundred rupees.