Section 191 in West Bengal Co-operative Societies Rules, 2011
191. Sale of distrained property and appropriation of sale proceeds.
(1) As conferred upon under section 120 of the Act, if within seven days from the date of service of the demand notice, the defaulter does not pay the amount for which a distrain has been effected, the distrainer may sell, in auction, the distrained property or such part thereof in one or more lots, as may, in his opinion, be necessary to satisfy the demand together with the expenses of the distrain and the cost of the sale provided that the property which is perishable may be sold at any time depending on the circumstances.(2)Before sale, the distrainer shall cause proclamation of the time and the place of the intended sale together with the property for sale and the approximate price and quantity thereof by beat of drum in the village where the defaulter resides or the property is kept and at such other place or places as the distrainer may consider necessary to give due publicity to sale :Provided that such sale may be held in the nearest bazar or other place of public resort, if the distrainer is of opinion that a better price is likely to be obtained thereby.(3)The property shall be sold to the highest bidder, who shall be required to pay at least fifty per centof the purchase money in cash immediately and the balance within a period of five days and the purchaser shall not be permitted to carry away any part of the property unless the full amount of the purchase money is paid.(4)If the purchaser fails to pay the balance of the purchase money within the time specified in sub-rule (3), the amount already paid by him shall be forfeited and the property shall be sold again and the proceeds of such sale together with the forfeited amount shall be taken as proceeds of distrain and sale and shall be appropriated in the manner as provided hereunder. Any deficiency of price which may ensue from such sale and the expenses connected therewith shall be certified by the distrainer and shall be recoverable from the defaulter.(5)No distrainer or his relative or any person employed by or subordinate to him shall purchase, either directly or indirectly, any property distrained and put to sale under this rule.(6)From the proceeds of such sale, a deduction at the rate not exceeding ten paise in a rupee may be made on account of costs of sale.(7)If at any time before such sale takes place, the defaulter or any person on his behalf deposits with the distrainer or with the Co-operative agriculture and rural development bank or the central Co-operative bank or the primary credit Co-operative society concerned the amount for which the attachment was made together with such costs as may have been incurred up to the date of deposit for causing the distraint, the property attached shall be released.(8)Where any written claim is referred by any person other than the defaulter claiming an interest in the distrained property, the distrainer shall after being prima facie satisfied about the claim, refer the claim to the Registrar and shall stay the sale pending decision of the Registrar and shall also inform the concerned bank or society, as the case may be, of the claim :Provided that if the property distrained is perishable in nature, he may forthwith sell the property with notice to the claimant and keep in his custody the sale proceeds.(9)The Registrar shall after service of notice on the concerned persons investigate the claim and shall pass such order as he thinks proper and communicate his order to the distrainer who shall act accordingly.
