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[Cites 0, Cited by 0] [Section 125] [Entire Act]

State of Goa - Subsection

Section 125(8) in Goa Co-operative Societies Rules, 2003

(8)The transfer of the property under sub-rule (5) shall be effected as follows:-
(i)In the case of moveable property-
(a)where the property is in the possession of the defaulter himself or has been taken possession of on behalf of the Co-operative Authority, it shall be delivered to the society;
(b)where the property is in the possession of some person on behalf of a defaulter, the delivery thereof shall be made by giving notice to the person in possession directing him to give actual peaceful possession to the society and prohibiting him from delivering possession of the property to any other person;
(c)the property shall be delivered to a person authorised by the society to take possession on behalf of the society.
(ii)In the case of immovable property-
(a)where the property is growing or standing crop, it may be delivered to the society before it is cut and gathered and the society shall be entitled to enter on the land, and to do all that is necessary for the purpose of tending and cutting and gathering it;
(b)where the property is in the possession of the defaulter or of some person on his behalf or some one claiming under a title created by the defaulter subsequent to the commencement of execution proceedings under sub-rules (3), (4) and (5) of rule 124, the Co-operative Authority shall order delivery to be made by putting the society or any person whom the society may appoint to receive delivery on its behalf in actual possession of the property and if need be, by removing any person who illegally refuses to vacate the same;
(c)where the property is in the possession of a tenant or other person entitled to hold the same by a title acquired before the commencement of execution proceedings under sub-rules (3), (4) and (5) of rule 124, the Co-operative Authority shall order delivery to be made by affixing a copy of the certificate of transfer of the property to the society in some conspicuous place on the property and proclaiming to such person by any customary mode at some convenient place, that the interest of the defaulter has been transferred to the society.