Section 103 in The Orissa Co-operative Societies Rules, 1965
103. Distrained crops how dealt with.
- The decree levied shall not be extensive, 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 detection and sale -(1)If crops ungathered products of the land belonging to a defaulter attached, the Sales 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 places, until sold. Subject to such conditions as may be imposed by the Sales Officer the defaulter may tend out, gather and store the produce and do any other act necessary for maturing or preserving. If the defaulter fails to do all or any of the aforesaid acts, the Sales Officer may require the decree-holder to undertake to do such acts and the decree-holder shall be bound to do so and any loss incurred due to his negligence shall be made good by the decree-holder and in default the attachment shall be withdrawn. In all such cases, the expenses of reaping or gathering and storing such crops or products as determined by the Sales Officer 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.Note - (i) Agriculture produce attached as a growing crop shall not be deemed to have ceased under attachment or to require attachment merely because it has been served from the soil;(ii)crops which are perishable and do not admit of being stored may be sold before they are cut and gathered.(2)If by the service of the demand notice, it is intended to attach a growing crop and if considerable time must elapse before the crop is likely to be fit or to be cut or gathered the Principal Officer of the area may suspend the service of the demand notice for such time as he thinks fit and may, in his discretion make an order prohibiting the removable of the crop pending the service of the demand notice.
