Section 123 in The Delhi Co-operative Societies Rules, 2007
123. Application under section 104.
(1)Every application under section 104 of the Act shall be made in Form no. 25 and shall be signed by a person authorised by the committee . It shall be accompanied by an inventory of the property to be sold containing a reasonably accurate description of the same.(2)No application under sub-rule (1) shall be entertained unless the co-operative society deposits the fee for expenses of sale of the property at the rate of five per cent of the outstanding debt or demand of the co-operative society against the defaulter irrespective of the fact that such amount is recovered or not by sale of the property .(3)On receipt of application referred to in sub-rule (1), the Registrar or any other officer authorised by him in this behalf in writing by special or general order (hereinafter referred to as the Sales Officer, which shall include his successor or assigns) shall, if satisfied that the particulars set forth in the application are correct and prepare a demand notice in duplicate in Form no. 26, setting forth the name of the member, past member or the nominee, heir or legal representative of the deceased member, the amount due from him together with interest and cost, if any, and the description of the property or interest in property for the sale of which the application has been made by the co-operative society, and calling upon him to remit within seven days from the date of service of the notice total amount due under the demand. The Sales Officer shall serve or cause to be served the demand notice upon the member, past member, or the nominee, heir or legal representative of the deceased member if he is present or upon some adult male member of his family or upon his authorised agent, or when such service cannot be effected, shall affix or cause to be affixed a copy of the demand notice on some conspicuous part of his residence or the place where the property subject to charge is kept. If the member or past member or nominee, heir or legal representative of the deceased member, fails to pay the debt or outstanding demand within the period aforesaid, the Sales Officer shall proceed to sell the property.(4)The provisions of rules in Part III of this Chapter, shall, in so far as they are not inconsistent to the subject or context, apply to the sale of the property or interest in the property as if the co-operative society which made the application is a decree holder and the member, past member or the nominee, heir or legal representative of the deceased member, is a judgment debtor.Part-II Execution of Decision, Award or Order by the Collector according to the provisions of Land Revenue Code
