Section 12 in The Punjab Co-operative Land Mortgage Banks Act, 1957
12. Distraint when to be made.
(1)If two consecutive instalments payable under a mortgage executed in favour of, or transferred or deemed under section 25 to be transferred to, the State Bank or any part of such instalments has remained unpaid for more than three months from the date on which it fell due, the Board may, in addition to any other remedy available to the said Bank, apply to the Registrar for the recovery of such instalments or part by distraint and sale of the produce of the mortgaged land including the standing crops thereon provided that such crops belong to the mortgagors or mortgagee, as the case may be.(2)On receipt of such application the Registrar may notwithstanding anything contained in the Transfer or Property Act, 1882, or any other law for the time being in force, take such action as is necessary to distraint and sell such produce :Provided that no distraint shall be made after the expiry of twelve months from the date on which the instalment fell due.(3)The distress shall not be excessive; 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.Any mistake, defect or irregularity in this respect shall not invalidate a distraint or sale made under this Act.
