Section 83 in The Arunachal Pradesh Co-operative Societies Rules, 1984
83. Transfer of property which cannot be sold.
(1)When in 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 the possession of the defaulter or some person on his behalf, or of some person claiming it under a title created by the defaulter subsequent to the issue of the certificate by the Registrar or Liquidator under Clause (a) or (b) of the said section, the officer conducting the executing shall as soon as practicable report the fact to the Court or the District/Sub-divisional/Circle Officer holder Magisterial powers or the Registrar, as the case may be, and the society applying for the execution of the said order.(2)On receipt of a report under sub-rule (1) of this rule, the society may, within six months from the date of the receipt of the report or within such further period as may for sufficient reasons be allowed in any particular case by the Court or the District/Sub-divisional/Circle Officer holding Magisterial power or the Registrar, submit an application in writing to the Court, the appropriate authority or the Registrar, as the case may be, stating whether or not it agrees to take over such property.(3)On receipt of an application under sub-rule (2) of this rules, notices shall be issued to the defaulter and to all persons known to be interested in the property, including those whose names appear in the record-of, rights as persons holdings any interest of the property, about intended transfer.(4)On receipt of such a notice, the defaulter, or any person owning such property, or holding an interest therein by virtue of a title acquired before the date of the issue of a certificate under Section 102 may within one month from the date of the receipt of such notice, deposit with the Court or the District/Sub-Divisional/Circle Officer holding Magisterial powers, or the Registrar, for payment to the society a sum equal to the amount due under the order sought to be executed together with interest thereon and such additional sum for payment of costs and other incidental expenses as may be determined in this behalf by the Court or the appropriate authority or the Registrar, as the case may be.(5)On failure of the defaulter, or any person interested or any person holding any interest in the property, to deposit the amount under sub-rule (4) of this rule, the Court or the District/Sub-divisional/Circle Officer holding Magisterial powers, or the Registrar, as the case may be, shall direct the property to be transferred to the society on the conditions stated in the certificate in Form 'R'.(6)The certificate granted under sub-rule (5) of this rule shall state whether the property is transferred to the society in full or partial satisfaction of the amount due to it from the defaulter.(7)If the property is transferred to the society in partial satisfaction of the amount due to it from the defaulter, the Court or the appropriate authority or the Registrar, as the case may be, shall, on the production by the society of a certificate signed by the Registrar, recover the balance due to the society in the manner laid down in Section 102.(8)The transfer of the property under sub-rule (5) of this rule, shall be effected as follows:(i)In the case of movable property-(a)where the property is in possession of the defaulter himself or has been taken possession of on behalf of the Court or the District/Sub-divisional/Circle Officer holding Magisterial powers or the Registrar, 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, cutting and gathering it;(b)where the property is in the possession of the defaulter or of some person on his behalf or some person claiming under a title created by the default subsequent to the issue of a certificate, under Section 102 the Court or the District/Sub-divisional/Circle Officer holding Magisterial powers or the Registrar, as the case may be, 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 date of issue of a certificate under Section 102, the Court or the District/Sub-divisional/Circle Officer holding Magisterial powers or the Registrar, as the case may be, 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 beat of drum or other customary mode at some convenient place, that the interest of the defaulter has been transferred to the society.(9)The society shall be required to pay expenses incidental to sale including the cost of maintenance of live-stock, if any, according to such scale as may be fixed by the Registrar from time to time.(10)Where land is transferred to the society under sub-Clause (a) of Clause (ii) of sub-rule (8) of this rule before growing or standing crop is cut and gathered, the society shall be liable to pay the current year's land revenue on the land.(11)The society shall forthwith report any transfer of property under sub-Clause (b) or (c) of Clause (ii) of sub-rule (8) of this rule to the authority to be specified by the Registrar for information and entry in the respective Registrar of the Panchayat, Anchal Samiti in which the society is situated.(12)The society to which property is transferred under sub-rule (5) of this rule shall maintain for each such defaulter a separate account showing all the expenses incurred including payment to outside encumbrances, land revenue and other dues on the property and all the income derived from it.(13)The society to which property is transferred under sub-section (5) of this rule shall use its best endeavour to sell the property as soon as practicable to the best advantages of the society as well as that of the defaulter, the first option being given to the defaulter, who originally owned the property.The sale shall be subject to confirmation by the Registrar. The proceeds of the sale be applied to defraying the expenses of the sale and other expenses incurred by the society and referred to in sub-rule (9) and (12) of this rule and to the payment of the arrears due by the defaulter under the order in execution, and the surplus (if any), shall then be said to the defaulter.(14)Until the property is sold, the society to which the property is transferred under sub-rule (5) of this rule shall use its best endeavour to lease it or to make any other use that can be made of it so to derive the largest possible income from the property.(15)When the society to which property is transferred under sub-rule (5) of this rule, has realised all its dues under the order in execution of which the property was transferred from the proceeds of management of the property, the property, if unsold, shall be restored to the defaulter.
