Section 43 in Jammu and Kashmir Co-operative Societies Rules, 2001
43. Manner of effecting distraint, etc.
(a)When distraint is to be effected the Board /Committee of the society may apply to the sale officer appointed under section 135 of the Act to arrange the sale of the movable property. The sale officer shall after giving previous notice to the decree holder proceed to the place, where the defaulter resides or the property to be distrained is situated and serve a demand notice upon the defaulter stating therein that the amount as mentioned in the demand notice be paid to the decree holder at once. If the amount due together with the expenses is not paid, the sale allowance or wages shall withheld and remit to the sale officer, the amount due in lump sum or in monthly installments, as the case may be.(b)When the. property to be attached consists of the share or interest of the defaulter in movable property belonging to him and other person as co-sharer, the attachment shall be made by a notice to the defaulter, prohibiting him from transferring his share or his interest or charging it in any manner.(c)Where the property to be attached is negotiable instrument either deposited in court or in the custody of public officer, the attachment will be made by actual seizure and the instrument shall be brought to the office of the sale officer for conducting the sale.(d)Where the property to be attached is a decree for the payment of money or for sale in endorsement of a mortgage or charge, the attachment shall be made if the decree sought to be attached was passed by Registrar or arbitrator appointed under section 72 of the Act.(e)Where the Registrar or any other authority or arbitrator makes an order under clause (d) he shall on the application of the decree holder proceed to execute the attached decree and apply the net proceeds in satisfaction of the decree sought to be executed.(f)The holder of decree sought to be executed by the attachment of another decree of the nature specified in clause (d) shall be deemed to be the representative of the holder of the attached decree in any manner for the holder thereof.(g)Where the property attached in the execution of a decree of the nature referred to in clause (f) the attachment shall be made through a notice by the sale officer to the holder of such decree, prohibiting him from transferring or charging the same in any way.(h)On the application of the holder of a decree sought to be executed by the attachment of another decree, the sale officer making an order of attachment under this sub-rule shall give notice of such order to the judgement debtor bound by the attached decree and no payment or adjustment of the attached decree shall be made by the judgement debtor in contravention of such order after receipt of the notice thereof.(i)The immovable property shall not be sold in execution of a decree unless such property has been previously attached:Provided that where the decree has been obtained on the basis of a mortgage of such property it shall not be necessary to attach it.
