Section 53(5) in Jammu and Kashmir Co-operative Societies Rules, 2001
(5)In the seizure and sale of movable property the following rules shall be observed:-(a)The sale officer shall after giving previous notice to the decree holder, proceed to the village where defaulter resides or the property to be distrained is situated and serve a demand notice upon the defaulter if he is present. If the amount due together with the expenses be not at once paid the sale officer shall make the distress and shall immediately deliver to the defaulter in a list or inventory of the property distrained and an intimation of place and day and hour at which the distrained property will be brought to sale if the amounts due are not previously discharged. If the defaulter is absent the sale officer shall serve the demand notice on some adult member of his family, or on his authorised agent, or when such service cannot be effected shall affix a copy of the demand notice on some conspicuous part of his residence. He shall then proceed to make the distress and shall affix 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.(b)After the distress is made, the sale officer may arrange for the custody of the property attached with the decree holder or otherwise. If the sale officer requires the decree holder to undertake the custody of the property, he shall be bound to do so and also loss incurred owing to his negligence shall be made good by decree holder. If the attached property is livestock, the decree holder shall be responsible for providing the necessary food therefor. The sale 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 the form specified by the Registrar with one or more sufficient sureties for the production of the property when called for.(c)The distress shall be made after sunrise and before sunset and not at any other time.(d)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.(e)If crops or un-gathered products of the land belonging to the defaulter are attached the sale 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 later cases, 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 event of its being sold.(f)The sale officer shall not work the bullocks or cattle or make use of the goods or effect distrained, and he shall provide the necessary food for the cattle or livestock, the expenses incurred thereon shall be defrayed by the owner upon his redeeming the property or from proceeds of the sale in the event of its being sold.(g)It shall be lawful for the sale officer to force open 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 may break the door of any room in such dwelling house for the purpose attaching property belonging to a defaulter and lodged herein, provided always that it shall not be lawful for the officer to break open or enter apartment in such dwelling house appropriated for the Zenana or residence of women except as hereinafter provided.(h)Where the sale officer may have reason to suppose that property of a defaulter is lodged within a dwelling house, the outer door of which may be shunt or within any apartments appropriated to women which by custom or usage are considered private, the sale officer shall represent the fact to the officer in charge of the nearest Police station. On representation the officer in charge of the said station shall send a police officer to the post in the presence of whom the sale officer may force open the other door of such dwelling house, in like manner as he may break open the door of any room within the house except Zenana, the sale officer may also in the presence of a police officer after due notice given for the removal of women within Zenana and after furnishing means for their removal in a suitable manner if they be women of rank who, according to the custom of usage cannot appear in public, enter the Zenana apartment for the purpose of distraining the defaulter's property, if any deposited therein, but such property, if found, shall be immediately removed from such apartments after which they shall be kept free to the former occupants.(i)The sale officer shall on the day previous to and on the day of sale cause proclamation 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 officer may consider necessary to give due publicity to the sale. No sale shall take place until after expiration of the period of 15 days from the date on which tl3e sale notice has been served or affixed in the manner prescribed in clause (a):Provided that where the property seized is subject to speedy and natural decay, or where the expense of keeping it in custody is likely to exceed its value, the sale officer may sell it at any time before the expiry of the said period of 15 days, unless the amount due is sooner paid.(j)At the appointed time the property shall be put up in one or more lots, as sale officer may consider advisable, and shall be disposed of to the highest bidder.:Provided that it shall be open to the sale officer to decline to accept the highest bid where the price offered appears to be and my low or for other reasons. Where 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 die defaulter:Provided further that the recovery officer or the sale 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 7 days, a fresh proclamation under clause (h) shall be made unless the judgement debtor consents to waive it.(k)The property sold shall be paid for in cash at the time of sale, or as soon thereafter as the office 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, where the purchaser may fail in the payment of purchase money the property shall be resold.(l)Where 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 sale officer.(m)Where prior to the day fixed for sale, the defaulter or any person acting on this behalf or any person claiming an interest in the property attached, pays the full amount due including interest, batta and other costs incurred in attaching the property, sale officer shall cancel the order of attachment and release the property forthwith.(n)The movable properties mentioned as exempt from attachment in the provision to section 60 of the Code of Civil Procedure, 1977 (X of 1977) shall not be liable to attachment of sale under these rules.
