Copy of Regulation, rules, bye-laws, etc., to be open to inspection

Every co-operative society shall keep a copy of this Regulation, the rules and its bye-laws and also a list of its members, open to inspection free of charge at all reasonable times at the registered address of the society. (1) Any decree holder requiring the provisions of clause (b) of section 63 to be applied shall apply to the Recovery Officer within whose jurisdiction the defaulter resides of the property of defaulter is situated. (2) Every such application shall be made in the form specified by the Registrar and shall be signed by the decree holder. The decree holder may indicate whether he wishes to proceed against any immovable property mortgaged to the decree holder or other immovable property or secure the attachment of movable property. (3) On receipt of such application, the Recovery Officer shall verify the correctness and genuineness of the particulars set-forth in the application with the records, if any, in the office of the Registrar and prepare a certificate in writing in duplicate in the form specified by the Registrar, setting-forth the name and address of the defaulter and the amount due and forward the same to a sale officer. (4) Unless the decree holder has expressed a desire that proceedings could be in a particular order as laid down in sub-rule (2) the execution shall ordinarily take place in the following manner: (i) movable property of the defaulter shall be first proceeded against but this shall not preclude the immovable property being proceeded against simultaneously, in case of necessity: (ii) if there is no movable property, or if the sale proceeds of the movable property or properties attached and sold are insufficient to meet in full the amount of decree, the immovable property mortgaged to the decree holder or other immovable property belonging to the defaulter may be proceeded against. (5) In the seizure and sale of immovable property the following procedure shall be observed:- (1) Any decree holder requiring the provisions of clause (b) of section 63 to be applied shall apply to the Recovery Officer within whose jurisdiction the defaulter resides of the property of defaulter is situated.

(2) Every such application shall be made in the form specified by the Registrar and shall be signed by the decree holder. The decree holder may indicate whether he wishes to proceed against any immovable property mortgaged to the decree holder or other immovable property or secure the attachment of movable property.

(3) On receipt of such application, the Recovery Officer shall verify the correctness and genuineness of the particulars set-forth in the application with the records, if any, in the office of the Registrar and prepare a certificate in writing in duplicate in the form specified by the Registrar, setting-forth the name and address of the defaulter and the amount due and forward the same to a sale officer.

(4) Unless the decree holder has expressed a desire that proceedings could be in a particular order as laid down in sub-rule (2) the execution shall ordinarily take place in the following manner: (i) movable property of the defaulter shall be first proceeded against but this shall not preclude the immovable property being proceeded against simultaneously, in case of necessity: (ii) if there is no movable property, or if the sale proceeds of the movable property or properties attached and sold are insufficient to meet in full the amount of decree, the immovable property mortgaged to the decree holder or other immovable property belonging to the defaulter may be proceeded against.

(5) In the seizure and sale of immovable property the following procedure shall be observed:- (a) The Sale Officer shall, after giving previous notice to the decree holder, 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 or inventory of the property distrained and intimation of place and day and hour at which the distrained property will be brought to sale if the amount 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 affected, shall affix a copy of the demand notice on some conspicuous part of the place where he ordinarily resides or carries on business. He shall then proceed to make the distress and shall fix the list of the property attached on some conspicuous part of the place where the defaulter ordinarily resides or carries on business endorsing thereon the place where the property may be lodged or kept and an intimation of the place, day and hour of sale thereof. (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 any loss incurred owing to his negligence shall be made good by the decree holder. If the attached property is livestock, the decree holder shall be responsible for providing the necessary food for such livestock. The Sale Officer may, at the interest of the defaulter or any person claiming and interested to any such property, live 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 solvent sureties for the production of the property, when called for. (c) The distress shall be made after sun rise and before sun set 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 from 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 a defaulter are attached, the Sale Officer may cause them to be sold when fit for reaping or gathering or at his discretion may cause them to be reaped or gathered in due seasons or time and stored in proper place until sold. In the later case, the expenses of reaping or gathering and storing of such crops or products shall be defrayed by the owner 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 bullocks or cattle or make use of goods or effects distrained and he shall provide the necessary food for the cattle or live stock, the expenses attending which shall be defrayed by the owner upon his redeeming the property or from the 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 in any dwelling house, the outer door of which may be open and may break open the door of any room in such dwelling house for the purpose of attaching any property belonging to a defaulter lodged therein provided always that it shall not be lawful for the officer to break open or enter apartment in such dwelling house for the Zenana or residence of women except as here-in-after provided. (h) Where the Sale Officer has reason to believe that a property of a defaulter is lodged within a dwelling house, the outer door of which is shut or within any apartments appropriated to women which by custom or usage are considered private, the Sale Officer shall represent the facts to the officer-in-charge of the nearest police station. On such representation, the officer-in-charge 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 in like manner as 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 and after giving due notice for the removal of the women within a Zenana and after furnishing the means for their removal in a suitable manner if they be women who according to the custom and usage cannot appear in public, enter the Zenna apartments for the purpose of distraining the defaulter's property, if any, deposited therein but such 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 place or places as the officer may consider necessary to give due publicity to the sale. No sale shall place until after expiration of the period of fifteen days from the date on which the sale notice has been served or affixed in the manner indicated in clause (a) provided that where the property seized is subject to speedy and natural decay or where the expenses 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 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. Where a defaulter dies before the decree has been fully satisfied, an application under sub-rule (1) may be made against the legal representative of the deceased and thereupon, all the provisions of this rule shall, save as otherwise provided in this sub-rule, apply as if such legal representatives were defaulters. Where decree is executed against such legal representative, he shall liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of and for this purpose, such legal representative shall produce such accounts in respect of such property to the satisfaction of the Recovery Officer as he thinks fit. Where is connection with proceedings on an application under section 63 of the Regulation, any person requires the issue of any process or objects to any process issued or objects to any orders passed, he shall pay such fee as may be specified by the Registrar in this behalf.