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[Cites 0, Cited by 0] [Section 115] [Entire Act]

State of Tamilnadu - Subsection

Section 115(5) in Tamil Nadu Co-operative Societies Rules, 1988

(5)
(a)If it is found at the time of delivery, that there are movables in the house to which the society has no claims and the owner is absent, or if present, does not immediately remove the same, the Sale Officer entrusted with the warrant for delivery, shall make an inventory of the articles so found with their probable value in the presence of at least two respectable persons on the spot, have the same attested by them and leave the movables in the custody of the society or to such person as it may appoint to receive delivery on its behalf after taking a bond from it or from him for keeping the articles in safe.custody pending orders of such Registrar for disposal of the same.
(b)The Sale Officer shall, then, make a report to such Registrar and forward therewith the attested inventory taken by him.
(c)Such Registrar shall, thereupon, issue a notice to the owner requiring him to take delivery of the said movables within thirty days from the date of the receipt of the notice and intimating that, in default, they shall be sold in public auction at his risk and the proceeds shall be applied for meeting all legitimate expenses of custody and sale and the balance, if any, shall be refunded to the owner:
Provided that if any of the movable articles referred to above is subject to speedy and natural decay, the Sale Officer may sell it at any time before the said period of thirty days.
(d)Where the movables have been sold in accordance with sub-clause (c), the Sale Officer shall deposit the sale proceeds less costs with the Registrar. In such a case, a notice shall be issued by the Registrar to the owner calling upon him to receive the amount from such Registrar within three months from the date of receipt of such notice.