Section 107(5) in The Maharashtra Cooperative Societies Rules, 1961
(5)In the seizure [and] [Inserted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]and sale of moveable property, the following rules shall be observed :-(a)The [Recovery Officer] [Substituted 'Sale Officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] shall, after giving previous notice to the applicant, proceed to the village [town or city] [Inserted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] where the defaulter resides or the property to be distrained is situated and serve a demand notice upon the defaulter if he is present. If the amount due together with the expenses be not at once paid, the [Recovery Officer] [Substituted 'Sale Officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] shall make the distress and shall immediately deliver to the defaulter a list of inventory of the property distrained and an intimation of place and day and hour at which the distrained property will be brought to sale if the amounts due are not previously discharged. If the defaulter is absent, the [Recovery Officer] [Substituted 'Sale Officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] shall serve the demand notice on some adult male member of his family, or on his authorised agent, or when such service cannot be effected, shall affix a copy of the demand notice on some conspicuous part of his residence. He shall then proceed to make the distress and shall fix the list of the property attached on the usual place of residence of the defaulter endorsing thereon the place where the property may be lodged or kept and an intimation of the place, day and hour of sale.(b)After the distress is made, the [Recovery Officer] [Substituted 'Sale Officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] may arrange for the custody of the property attached with the applicant or otherwise. If the [Recovery Officer] [Substituted 'Sale Officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] requires the applicant to undertake the custody of the property, he shall be bound to do so and any loss incurred owing to his negligence shall be made good by the applicant. If the attached property is livestock, the applicant shall be responsible for providing the necessary food therefor. The [Recovery Officer] [Substituted 'Sale Officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] may, at the instance of the defaulter or of any person claiming an interest in such property, leave it in the village [town or city] [Inserted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] or place where it was attached, in charge of such defaulter or such person, if he enters into a bond in the form specified by the Registrar with one or more sufficient sureties for the production of property when called for.(c)The distress shall be made after sunrise and before sunset and not any other time.(d)The distress levied shall not be excessive, that is to say, the property distrained shall as nearly as possible be proportionate to the sum due by the defaulter together with interest and all expenses incidental to the distraint, detention and sale.(e)If crops or ungathered products of the land belonging to a defaulter are attached, the [Recovery Officer] [Substituted 'Sale Officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] may cause them to be sold when fit for reaping or gathering, or at his option may cause them to be reaped or gathered in due season and stored in proper place until sold. In the latter case, the expenses of reaping or gathering and storing such crops or products shall be defrayed by the owner upon his redeeming the property or from the proceeds of the sale in the event of its being sold.(f)The [Recovery Officer] [Substituted 'Sale Officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] shall not work the bullocks or cattle, or make use of the goods or effects distrained, and he shall provide the necessary food for the cattle or livestock, the expense attending which shall be defrayed by the owner upon his redeeming the property or from the proceeds of the sale in the event of its being sold.(g)It shall be lawful for the [Recovery Officer] [Substituted 'Sale Officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] to force open any stable, cow house, granary, godown, out-house or other building and he 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 attaching property belonging to a defaulter and lodged therein, provided always that it shall not be lawful for the [Recovery Officer] [Substituted 'Sale Officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] to break open or enter apartment in such dwelling house appropriated for the zanana or residence of women except as hereinafter provided.(h)Where the [Recovery Officer] [Substituted 'Sale Officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] may have reason to believe that the property of a defaulter is lodged within a dwelling house the outer door of which may be shut or within any apartments appropriated to women which by custom or usage are considered private, the [Recovery Officer] [Substituted 'Sale Officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] shall report the fact to the officer in charge of the nearest police station. On such report, the officer in charge of the said station shall send a police officer to the spot in the presence of whom the [Recovery Officer] [Substituted 'Sale Officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] may force open the outer door of such dwelling house or break open the door of any room within the house except the room appropriated by women. The [Recovery Officer] [Substituted 'Sale Officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] may also, in the presence of a police officer, after due notice given for the removal of women within a zanana and, after furnishing means for their removal in a suitable manner, if they be women of rank, who, according to the customs or usage cannot appear in public, enter the zanana apartments for the purpose of distraining the defaulters property if any deposited therein but such property, if found, shall be immediately removed from such apartments after which they shall be left free to the former occupants.(i)The [Recovery Officer] [Substituted 'Sale Officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] shall on the day previous to, and on the day of sale cause proclamation of time and place of the intended sale to be made, by beat of drum in the village in which the defaulter resides and in such other place or places as the [Recovery Officer] [Substituted 'Sale Officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] may consider necessary to give due publicity to the sale. No sale shall take place until after the expiration of the period of fifteen days from the date on which the sale notice has been served or affixed in the manner laid down in clause (a) :Provided that, where the property seized is subject to speedy and natural decay, or where the expenses of keeping it in custody is likely to exceed its value, the [Recovery Officer] [Substituted 'Sale Officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] may sell it at any time, before the expiry of the said period of fifteen days, unless the amount due is sooner paid.(j)At the appointed time, the property shall be put in one or more lots, as the [Recovery Officer] [Substituted 'Sale Officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] may consider advisable, and shall be disposed of to the highest bidder:Provided that it shall be open to the [Recovery Officer] [Substituted 'Sale Officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] to decline to accept the highest bid where the price offered appears to be unduly low or for other adequate reasons :Provided further that the Recovery Officer [***] [Deleted 'or the sale officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] may, in his discretion, adjourn the sale to a specified day and hour recording his reasons for such adjournment. Where a sale is so adjourned for a longer period than seven days, a fresh proclamation under clause (i) shall be made unless the defaulter consents to waive it.(k)The property sold shall be paid for in cash at the time of sale, or as soon thereafter as the [Recovery Officer] [Substituted 'Sale Officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] shall appoint, and the purchaser shall not be permitted to carry away any part of the property until he has paid for it in full. Where the purchaser fails in the payment of purchase money, the property shall be re-sold.(l)Where the proceeds from the sale of the property exceeds the amount due from the debtor, the excess amount, after deducting the interest and the expenses of process and other charges, shall be paid to the defaulter.(m)Where prior to the day fixed for sale the defaulter or any person acting on his behalf or any person claiming an interest in the property attached pays the full amount due including interest, bhatta and other costs incurred in attaching the property, the [Recovery Officer] [Substituted 'Sale Officer' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] shall cancel the order of attachment and release the property forthwith.(n)The moveable properties exempted from attachment by the proviso to Section 60 of the Code of Civil Procedure, 1908 shall not be liable to attachment or sale under these rules.
