Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Arunachal Pradesh - Section

Section 104 in Arunachal Pradesh Co-operative Societies Act, 1978

104. Transfer of property which cannot be sold.

(1)When in any execution of an order sought to be executed under Section 102, any property cannot be sold for want of buyers, if such property is in occupancy of the defaulter, or of some person in his behalf, or of some person claiming under a title created by the defaulter subsequently to the issue of the certificate of the Registrar, liquidator or the Assistant Registrar, under Clause (a) or (b) of Section 102, the court or the Collector or the Deputy Commissioner or the Registrar, as the case may be, may, notwithstanding anything contained in any law for the time being in force, direct that the said property, or any portion thereof, shall be transferred to the society which has applied for the execution of the said order, in the manner prescribed.
(2)Where property is transferred to the society under the foregoing sub-section, or where property is sold under Section 102, the Court, the Collector, the Deputy Commissioner or the Registrar, as the case may be, may, in accordance with the rules, place the society or the purchaser, as the case may be, in possession of the property transferred or sold.
(3)Subject to such rules as may be made in this behalf and to any rights, encumbrances, charges or equities lawfully subsisting in favour of any person, such property or portion thereof shall be held under sub-section (1) by the said society on such terms and conditions as may be agreed upon between the Court, the Collector, the Deputy Commissioner or the Registrar, as the case may be, and the said society. Subject to the general or special orders of the State Government, the Collector, the Deputy Commissioner or the Registrar may delegate to an officer, not below the rank of a circle officer or the Assistant Registrars, powers exercisable by the Collector, the Deputy Commissioner or the Registrar under this section.