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State of West Bengal - Section

Section 120 in West Bengal Co-operative Societies Act, 2006

120. Power to distrain and sale.

(1)If any sum due as an instalment or part of an instalment payable under mortgage in favour of a Co-operative agriculture and rural development bank, central Co-operative bank or financing bank or primary agricultural credit Co-operative society has remained unpaid for more than one month from the date on which it fell due, the co-operative agriculture and rural development bank, Central co-operative bank, the financing bank or the primary agricultural credit co-operative society, as the case may be, may, in addition to any other remedy available to it, apply to the Registrar for recovery of such sum by distrain and sale of not more than half of the produce of the mortgaged land, the produced stored in the house and its premises and the standing crops thereon by distrain and sale of the movable property that has been acquired by the mortgagor with the amount of the loan advanced to him.
(2)Notwithstanding anything contained in the Transfer of Property Act, 1882 (4 of 1882) and subject to provisions of this Act, the Registrar may on receipt of such application, signed and verified by the secretary or the manager or any other person duly authorised by the board in this behalf setting forth full particulars of the property required to be distrained and on being satisfied about correctness of such particulars, appoint a distrainer.