Section 190 in West Bengal Co-operative Societies Rules, 2011
190. Powers and functions of the distrainer.
(1) The distrainer, on appointment, shall serve upon the defaulter a written demand specifying the amount for which the distraint is made. The demand shall be dated and signed by the distrainer and shall be served on the defaulter by delivering a copy to him or to some adult member of this family at his ordinary place of residence or when such service cannot be effected accordingly, a copy of the demand shall be affixed on some conspicuous part of the residence.(2)Simultaneously with the service of notice, the distrainer shall cause attachment of the produce specified in the application by affixing the order of attachment in Form XXXV(a)where such produce is standing crop, on the land on which such crop stands, or(b)where such produce has been cut or gathered on the threshing floor or place for treading out grain or the like or fodder stack or where the same is stored and also in a conspicuous manner on the outer door of the premises where he resides or works for gain or is known to have last resided;(c)where the property to be attached is movable property, other than agricultural produce, in the possession of the mortgagor, the attachment shall be made by actual seizure at the identification by the applicant or its agent;(d)another copy of the order of attachment in Form XXXV shall also be affixed in a conspicuous manner on the outer door of the premises where the mortgagor resides or works for gain or is known to have last resided;(e)where any produce or property is attached, the distrainer, shall make arrangement for custody thereof;(f)subject to such condition as may be imposed by the distrainer, the defaulter may tend, cut, gather and store the produce and do any other act necessary for maturing or preserving it If the defaulter fails to do all or any of such acts, the distrainer may do all or any of such acts, either by himself or by any person appointed by him in this behalf and the costs incurred by the distrainer shall be recoverable from the defaulter, as if they were included in or formed part of the order of attachment;(g)no distrain shall be made before sunrise and after sunset;(h)in case the custodian appointed by the distrainer fails to produce the crop or the property on the dates specified by the distrainer, the distrainer shall refer the matter to the police station of the area and custodian shall be dealt with in the same manner as that of misappropriation of public funds.
