Section 131 in The Delhi Co-operative Societies Rules, 2007
131. Seizure and sale of movable property.
- In the seizure and sale of movable property, the following procedure shall be observed:(a)The Recovery Officer shall, after giving notice to the decree-holder, proceed to the place where the defaulter resides or the property to be detrained is situated and serves the demand upon him in Form no. 33. If the demand together with the interest and all expenses is not at once paid, the Recovery Officer shall make the distress and shall immediately deliver to the defaulter a list of inventory of the property distained and an intimation of the place, day and hour at which the detrained property will be brought to sale if the amounts due are not previously discharged. If the defaulter is absent, the Recovery Officer shall serve the demand notice on some adult member of his family or his authorized agent or when such service cannot be affected, shall affix a copy of the demand notice on some conspicuous part of his residence. The Recovery officer shall then proceed to make the distress and shall fix the list of the property attached on the usual place of residence of the defaulter endorsing thereon the place where the property may be lodged or kept and an intimation of the place, day and hour of sale, if the amounts due are not previously discharged.(b)After the distress is made, the Recovery Officer may arrange for the custody of the property attached with the decree-holder or otherwise.(c)If the, Recovery Officer requires the decree-holder to undertake the custody of the property, the decree-holder shall be bound to do so and any loss incurred owing to his negligence shall be made good by the decree-holder. If the attached property is livestock, the decree-holder shall be responsible for providing the necessary food thereof.(d)The Recovery Officer may, at the instance of the defaulter or of any person claiming an interest in such property, leave it in the village or place where it was attached, in the charge of such defaulter or person if he enters into a bond in Form no. 34 with one or more sufficient sureties for the production of the property at the place of sale when called for.(e)The distress shall be made after sunrise and before sunset and not at any other time.(f)The distress levied shall not be excessive, that is to say, the property distrained shall be as nearly as possible proportionate to the sum due by the defaulter together with interest and all expenses incidental to the distraint, detention and sale.(g)If attached crops are ungathered products of the land, belonging to a defaulter, the Recovery Officer may cause them to be sold when fit for reaping or gathering or at his option may cause them to be reaped or gathered in due season and stored in proper place until sold. In the latter case, the expenses of reaping or gathering and storing such crops or products shall be defrayed by the owner upon his redeeming the property or from the proceeds of the sale in the event of its being sold.(h)The Recovery Officer shall not work the bullock or cattle, or make use of the goods or effects distrained, and shall provide the necessary food for the cattle livestock, the expenses attending which shall be defrayed by the owner upon his redeeming the property, or from proceeds of the sale in the event of its being sold.(i)The Recovery Officer may force upon any stable, cow house, granary, godown, out house or other building and he may also enter any dwelling house the outer door of which may be open and he may break open the door of any room in such dwelling house for the purpose of attaching property belonging to defaulter and lodged therein, provided always that it shall not be lawful for the Recovery Officer to break open or enter any apartment in such dwelling house appropriated for the occupation of women except as hereinafter provided.(j)In Case the Recovery Officer has reason to suppose that the property of a defaulter is lodged within a dwelling house and the outer door is closed, or within any apartment appropriated to women which, by the usage of the country are considered private, the Recovery Officer shall represent the fact to the officer-incharge of the nearest police station. On such representation, the officer-in-charge of the said station shall send a Police Officer to the spot in the presence of whom the Recovery Officer may force open the outer door of such dwelling house in like manner as he may break open the door of any other room within the house. The Recovery Officer may also in the presence of the Police Officer, after due notice given for the removal of women and, after furnishing means for their removal in suitable manner (if they be women of rank who according to the customs of the country cannot appear in public) enter the rooms for the purpose of distraining the property of the defaulter, if any, deposited therein but such property, if found, shall be immediately removed from such rooms, thereafter they shall be left free-to the former occupants.(k)The Recovery Officer shall on the day previous to and on the day of sale cause proclamation in Form no. 35, of the time and place of the intended sale to be made by beat of drum in the village in which the defaulter resides and in such other place or places as the Recovery Officer may consider necessary to give due publicity to the sale.(l)No sale shall take place until after the expiration of the period of fifteen days from the date on which the sale notice has been served or affixed in the manner specified in clause (a), provided that where the property seized is subject to speedy and natural decay, or where the expenses of keeping it in custody are likely to exceed its value, the Recovery Officer may sell it at any time before the expiry of the said period of fifteen days unless the amount due is sooner paid.(m)At the appointed time, the property shall be put up in one or more lots as the Recovery Officer may consider advisable, and shall be disposed off to the highest bidder:Provided that it shall be open to the Recovery Officer to decline to accept the highest bid where the price offered appears to be unduly low or for other sufficient reasons.Provided further, that the Recovery Officer may, in his discretion, adjourn the sale to a specified day and hour, recording his reasons for such adjournment. Where a sale is so adjourned for a longer period than seven day a fresh proclamation under clause (k) shall be made unless the defaulter consents to waive it.(n)In case the property is sold for more than the amount due, the excess amount after deducting the interest and the expenses of process and the other charges shall be paid to the defaulter.(o)The Property shall be paid for in cash at the time of sale or as soon thereafter as the officer holding the sale shall appoint and the purchaser shall not be permitted to carry away any part of the property until he has paid for it in full.(p)In case, the purchaser fails in the payment of the purchase money, the property shall be resold.(q)In case it is proved to the satisfaction of any civil court of competent jurisdiction that any property which has been distrained under these rules has been forcibly or clandestinely removed by any person, the court may order forthwith such property to be restored to the Recovery Officer.(r)In case prior to the day fixed for the sale, the defaulter or any person acting on his behalf or any person claiming an interest in the property attached, pays the full amount due including interest and other costs incurred in attaching the property the Recovery Officer shall cancel the order of attachment and release the property forthwith.(s)No member of the committee, having the debt or outstanding demand for which the sale is being made, shall without the express permission of the Registrar bid either directly or indirectly for the purchase of the property which is subject to charge under section 44.(t)No officer or other person having a duty to perform in connection with any sale shall, whether directly or indirectly bid for, acquire or attempt to acquire any interest in the property sold.(u)In case the property is sold, of which actual seizure has been made. it shall be delivered to the purchaser. In case the property sold is in the possession of any person delivery thereof to the purchaser shall be made by giving notice to the person in possession prohibiting him delivering possession of the property to any other person except the purchaser.
