Section 104(5) in Haryana Co-operative Societies Rules, 1989
(5)In the seizure and sale of movable property, the following procedure shall be observed :-(a)The Sale Officer shall, after giving prior notice to the decree- holder and the defaulter, proceed to the village or locality where the defaulter resides or the property to be distrained is situated and serve a demand notice to the defaulter if he is present. If the amount due together with the expenses is not at once paid, the Sale Officer shall make the distress and shall immediately deliver to the defaulter a list of inventory of the property distrained and an intimation of the place and day and hour at which the distrained property will be brought to sale if the amounts due are not discharged by him. 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 affected, 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 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 place, day and hour of sale.(b)After the distress is made, the Sale Officer may arrange for the custody of the property attached. If the sale officer requires the decree holder to undertake the custody of the property he shall be bound to do so and any loss incurred owing to his negligence shall ve nade good by the 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 and interested in such property leave it at 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 propertionate to the sum due by the defulter together with interest and all expenses incidental to the disstraint,detention and sale.(e)If crops or un-gathered productes of the land beloninging to a 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 the season and stored in proper place until sold . In the later case the expenses of reaping or gathering and storing such crops or products shall be defrayed by the defaulther upon his redeeming the property or from the proceeds of the sale in the event of its being sold .(f)The Sale Officer shall not work the bullock or cattle or make use of goods or effects distrained and he shall provide the necessary food for the cattle or livestock the expenses attending which shall be defrayed by the defaulter upon his redeeming the property or from the proceeds of 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, outer-house or other building and he may also enter any dwelling house the out door of which may be open and may break open the door or any room in such dwelling house for the purpose of attaching property belonging to a defaulter and lodged therein, provided always that it shall not by 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)When the Sale Officer may have reason to suppose that the property of the defaulter is lodged within a dwelling house the outer door of which may be shut 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 Incharge of the nearest police station. On such representation the Officer Incharge of the said station shall send a police officer to the spot in the presence of whom the Sale Officer may force open the outer door of such dwelling house and in like manner he may break open the door of any room within the house except the zenana. The Sale Officer may also in the presence of a police officer, after due notice is given for the removal of women within a zenana and after furnishing means for their removal in a suitable manner if they be women of rank, who according to the custom or usage cannot appear in public, enter the zenana apartments for the purpose of destraining the defaulter's property, if any deposited therein, but property if found, shall be immediately removed from such apartment after which they shall be left 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 or locality in which the defaulter resides and in such other places as the officer may consider necessary to give due publicity to the sale. No sale shall take place until after the expiration of the period of fifiteen days from the date on which the slae 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 said period of fifteen 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 the 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 unduly low or for other reason. 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 charges shall be paid to the 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 period longer than seven days, a fresh proclamation under clause (i) shall be made unless the defaulter cosents to waive it.(k)The property shall be paid for in cash at the time of sale as soon therafter as the officer holding the sale shall appoint and the purchaser shall not be permitted to carry away any part of the property, shall until he has paid for it in full. Where the purchaser may fail in the payment jof 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 Sale Officer .(m)Where prior to the day fixed for 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 Sale Officer shall cancel the order of attachment and release the property forthwith.(n)The movable properties mentioned as exempt from attachment in the proviso to section 60 of the Code of Civil Procedure, 1908 (5 of 1908) shall not be liable to attachment or sale under these rules.
