Section 139 in Tamil Nadu Co-operative Societies Rules, 1988
139. Procedure for recovery of sum due to Government.
- The provisions of rules 115 to 137 shall apply in regard to the recovery of any sum due to the Government from a society or from an officer, former officer, member or past or deceased member of a society in pursuance of a demand issued by the Registrar or by any authority competent to issue such demand including any costs awarded to the Government in proceedings under the Act as if the Government were a decree-holder and the society or officer, former officer, member or past or deceased member of a society', as the case may be, was a judgement-debtor subject to the following modifications, namely:-(a)The Registrar within whose jurisdiction the cause of action arose may, of his own motion, take any steps which he may deem suitable in the matter of such recovery in accordance with the provisions of these rules and without any applications having been made to him in that behalf under these rules.(b)It shall not be necessary to deposit any sum towards the fees chargeable for the processes of execution or by way of fees as required by sub-rule (2) of ride 116 or sub-rule (1) of rule 117.(c)It shall not be necessary for the Sale Officer to give the decree-holder previous notice, as required by sub-rule (1) of rule 121 of the intention to serve the demand notice on the judgement-debtor and in default of payment, to distrain his property. Nor shall the provisions of sub-rule (2) of that rule which empower the Sale Officer, to require the decree-holder to undertake the custody of the distrained property apply.(d)It shall not be necessary to send a copy of the attachment notice to the decree-holder as required by clause (d) of sub-rule (2) of rule 126.(e)It shall not be necessary to give notice of the proclamation of sale to the decree-holder as required by clause (e) of sub-rule (2) of rule 126.(f)The Registrar shall himself obtain the encumbrance certificates required to be furnished by the decree-holder under clause (f) of sub-rule (2) of rule 126.(g)The payments required to be made under clause (b) of sub-rule (1) of rule 127 shall be made to the Sale Officer on behalf of the decree-holder.(h)The application referred to in sub-rule (1) of rule 128 shall be made by the Sale Officer on behalf of the decree-holder.
