Section 23 in The M.P. Shakari Krishi Aur Gramin Vikas Bank Adhiniyam 1999
23. Distraint when to make.
(1)If any instalment or any part thereof payable under a security furnished in favour of the State Development Bank or a District Development Bank has remained unpaid for more than one month from the date on which it fell due, the State Development Bank or the District Development Bank may, in addition to any other remedy available to it, apply to the Registrar for recovery of such instalment or port thereof by distraint and sale of the produce of the land or products to which the security relates, including standing crops thereon and other movable properly of the defaulter.(2)On receipt of such application, the Registrar may, notwithstanding anything contained in the Sale of Goods Act, 1930 (3 of 1930) or any other Law for the time being in force take such action as is necessary to distrain and sell such produce or products or movable property.(3)The State Government may, by general or special order published in the Gazette, declare that such portion of the produce referred to in sub-section (1), or raw material required to maintain the income generating activity involved as may appear to the State Government to be necessary for the purpose of providing until the next harvest for the due cultivation of the land or till completion of current cycle of production for the support of the loanee and his family, shall be exempted from liability to distraint and sale under this Act.(4)(a)Cattle distrained as movable property of a loanee may be kept in custody in a cattle pound by the distrainer at his cost.(b)In such cases, notwithstanding anything contained in the Gallic Trespass Act, 1871 (No. 1 of 1871), cattle shall be released from the pound only on the order of distrainer and, in the event of such cattle being acutioned according to the provisions of Cattle Trespass Act, the sale proceeds, after deduction of expenditure incurred by pound, shall be deposited with the District Development Bank.(5)Nothing in this section shall permit the distraint and sale of following, namely :-(i)the necessary wearing apparel, cooking vessels, beds, and bedding of the defaulter and his wife and children, and such personal ornaments as cannot be parted with by any woman in accordance with her religious usage;(ii)tools of artisans, implements of husbandry except an implement driven by mechanical power and such cattle and seed-grain as may, in the opinion of the Registrar be necessary to enable the defaulter to earn his livelihood as such;(iii)articles set aside exclusively for the use of a religious endowment.(6)The distraint shall not be excessive and the value of the property distrained shall be as nearly as possible equal to the amount due and the expenses of the distraint and the cost of the sale ;Provided that any mistake, defect or irregularity in this respect shall not invalidate a distraint or sale under this Act.
