MISCELLANEOUS
107.
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Procedure for attachment and sale of
property under Section 156:-
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(1)
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A creditor holding a decree requiring the provisions of Section 156 to
be applied, or society to which:—
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(a)
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any amount is due under a decree or order of a Civil Court obtained by
the society;
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(b)
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any amount is due under a decision, award or order of the Registrar, Arbitrator,
Liquidator or Tribunals;
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(c)
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any sum is awarded by way of costs under the Acts;
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(d)
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any amount is due under a certificate granted by the Registrar to the assets
of the society;
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(e)
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any amount is due under a certificate granted by the Registrar under subsections
(I) or (2) of Section 101 or under sub-section (1) of Section 137 together
with interest, if any, due on such amount or sum and the costs of process by
the attachment and sale or by sale without attachment of the property of the
person against whom such decree, decision, award or order has been obtained
or passed, hall apply to the Recovery Officer within whose jurisdiction the
debtor resides or the property of the debtor is situated. In the case of a
society, a copy of the resolution of the committee of the society authorising
any of the members to make and sign the application on its behalf, shall
accompany the application
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Provided that no such application shall be necessary in respect of a
certificate given under sub-section (1) or (2) of Section 101 of the awards
or orders referred to in Rule 84.
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(2)
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Every such application shall be made in the form specified by the
Registrar and shall be signed by the applicant and shall be accompanied by
deposit of such amount, if any as may be specified by the Registrar to cover
the cost of process. The scales for such cost of process shall be fixed by
the Registrar from time to time by a general or special order. Under such
scales, the fee for issuing any notice shall not exceed Rs, 2 and the bhatta
to be paid to any person serving any notice shall not exceed Rs. 5 per day,
and the deposit for other costs of process shall not exceed the expenditure
likely to be incurred for recovering the amount. The applicant may indicate
whether he wishes to proceed against the immovable property mortgaged to the
applicant or other immovable property or to secure the attachment of
immovable property.
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(3)
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On receipt of such application, or when the Registrar is proceeding
under Rule 84, 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 demand notice in writing in
duplicate in the form specified by the Registrar, setting forth the name of
the defaulter and the amount due and forward it to the Sale Officer.
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(4)
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Unless the applicant has expressed a desire that proceedings should be
taken in a particular order as laid down in sub-rule (2), execution shall
ordinarily be taken in the following manner :-
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(i)
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Moveable 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.
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(ii)
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if there is no moveable property, or if the sale proceeds of the moveable
property or properties attached and sold are insufficient to meet in full the
demand of the applicant, the immovable property mortgaged to the applicant,
or other immovable property belonging to the defaulter may be proceeded
against.
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(5)
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In the seizure and sale of moveable property, the following rules
shall be observed :—
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(a)
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The Sale Officer shall, after giving previous notice to the applicant,
proceed to the village where the defaulter resides or the properties to be
detrained is situated and serve a demand notice upon the defaulter if he is present.
If the amount due together with the expenses be 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 detrained and an intimation of place and
day and hour at which the detrained property will be brought to sale if the amounts
due are not previously discharged. If the defaulter is absent, the Sale Officer
shall serve the demand notice on some adult male member of his family, or on
his authorised agent, or when such service cannot be effected, 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 an intimation of the place, day
and hour of sale.
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(b)
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After the distress is made, the Sale Officer may arrange for the
custody of the property attached with the applicant or otherwise. If the Sale
Officer requires the applicant 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 applicant. If the attached property is livestock, the
applicant shall be responsible for providing the necessary food there for. The
Sale Officer may, at the instance of the defaulter or of any person claiming
an interest in such property, leave it in the village or place where it was
attached, in charge of such defaulter or such person, if he enters into a
bond in the form specified by the Registrar with one or more sufficient
sureties for the production of property when called for.
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(c)
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The distress shall be made after sunrise and before sunset and not any
other time.
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(d)
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The distress levied shall not be excessive, that is to say, the
property distained shall as nearly as possible be proportionate to the sum
due by the defaulter together with interest and all expenses incidental to
the distraint, detention and sale.
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(e)
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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 option may cause them to be reaped or gathered in due
season and stored in proper place until sold. In the latter case, the
expenses of reaping or gathering and storing 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.
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(f)
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The Sale Officer shall not work the bullocks or cattle, or make use of
the goods or effects detrained, and he shall provide the necessary food for
the cattle or livestock, the expense 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.
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(g)
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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 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 property belonging
to a defaulter and lodged therein, provided always that it shall not be lawful
for the Sale Officer to break open or enter apartment in such dwelling house
appropriated for the zenana or residence of women except as hereinafter provided.
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(h)
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Where the Sale Officer may have reason to believe that the property of
a 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 report the fact to the officer in charge
of the nearest police station. On such report, 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 or break open the
door of any room within the house except the room appropriated by women. The
Sale Officer may also, in the presence of a police officer, after due notice 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
customs or usage cannot appear in public, enter the zenana apartments for the
purpose of detraining the defaulters property if any deposited therein but such
property, if found, shall be immediately removed from such apartments after
which they shall be left free to the former occupants.
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(i)
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The Sale Officer shall on the day previous to, and on the day of sale cause
proclamation of time and place of the intended sale to be made, by beat of
drum in the village in which the defaulter resides and in such other place or
places as the Sale Officer may consider necessary to give due publicity to
the sale. No sale shall take place until after the expiration of the period
of fifteen days from the date on which the sale notice has been served or
affixed in the manner laid down in clause (a) :
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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.
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(j)
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At the appointed time, the property shall be put in one or more lots,
as the Sale Officer may consider advisable, and shall be disposed of to the
highest bidder:
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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 adequate reasons :
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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 longer period
than seven days, a fresh proclamation under clause (i) shall be made unless
the defaulter consents to waive it.
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(k)
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The property sold shall be paid for in cash at the time of sale, or as
soon thereafter as the Sale Officer shall appoint, and the purchaser shall
not be permitted to carry away any part of the property until he has paid for
it in full. Where the purchaser fails in the payment of purchase money, the
property shall be re-sold.
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(l)
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Where the proceeds from the sale of the property exceeds the amount due
from the debtor, the excess amount, after deducting the interest and the expenses
of process and other charges, shall be paid to the defaulter.
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(m)
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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, batta and other costs
incurred in attaching the property, the Sale Officer shall cancel the order
of attachment and release the property forthwith.
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(n)
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The moveable properties exempted from attachment by the proviso to Section
60 of the Code of Civil Procedure, 1908 shall not be liable to attachment or
sale under these rules.
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(6)
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Where the moveable property to be attached is the salary or allowance
or wages of a public officer or a railway servant or a servant of a local
authority or a firm or a company, the Recovery Officer may, on receiving a
report from the Sale Officer, order that the amount shall, subject to the
provisions of Section 60 of the Code of Civil Procedure, 1908, be withheld
from such salary or allowance or wages either in one payment or by monthly
installments as the Recovery Officer may direct and upon receipt of the order,
the officer or other person whose duty it is to disburse such salary or
allowance or wages shall withhold and remit to the Sale Officer the amount
due under the order or the monthly installment, as the case may be.
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(7-i)
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Where the property to be attached consists of the share or interest of
the defaulter in moveable property belonging to him and another as co-owners,
the attachment shall be made by a notice to the defaulter, prohibiting him
from transferring the share or interest or charging it in any way.
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(ii)
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Where the property to be attached is a negotiable instrument not deposited
in Court, nor in the custody of a public officer, the attachment shall be made
by actual seizure and the instrument shall be brought to the office of the Recovery
Officer ordering the attachment and be held subject to his further orders.
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(iii)
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Where the property to be attached is in the custody of any Court or public
officer, the attachment may be made by a notice to such Court or officer requesting
that such property and any interest or dividend becoming payable thereon may
be held subject to the further demands of the Recovery Officer issuing the
notice :
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Provided that where such property is in the custody of a Court or
Recovery Officer of another district, any question of title or priority
arising between the applicant and any other person not being the defaulter,
claiming to be interested in such property by virtue of any assignment, attachment
or otherwise shall be left to be determined by such Court or Recovery
Officer.
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(8-i)
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Where the property to be attached is a decree either for the payment
of money or for sale in enforcement of a mortgage or charge, the attachment
shall be made, if the decree sought to be attached was passed by the
Registrar or by any person to whom a dispute was transferred by the Registrar
under Section 93 by a nominee or a board of nominees, then by the order of
the Registrar.
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(ii)
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Where the Registrar makes an order under clause (i), he shall, on the application
of the applicant who has attached the decree, proceed to execute the attached
decree and apply the net proceeds in satisfaction of the decree sought to be
executed.
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(iii)
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The holder of a decree sought to be executed by the attachment of another
decree of the nature specified in clause (i) shall be deemed to be the representative
of the holder of the attached decree and to be entitled to execute such
attached decree in any manner for the holder thereof.
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(iv)
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Where the property to be attached in execution of a decree is a decree
other than a decree of the nature referred to in clause (i), the attachment
shall be made by the Issue of a notice by the Recovery Officer to the holder
of such decree, prohibiting him from transferring or charging the same in any
way.
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(v)
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The holder of a decree attached under this sub-rule shall give the Recovery
Officer executing the decree such information and aid as may reasonably be
required.
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(vi)
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On the application of the holder of a decree sought to be executed by the
attachment of another decree, the Recovery Officer making an order of attachment
under this sub-rule shall give notice of such order to the judgment debtor
bound by the decree attached; and no payment or adjustment of the attached
decree made by the judgment debtor in contravention of such order after receipt
of notice thereof, either through the Recovery Officer or otherwise, shall be
recognised so long as the attachment remains in force.
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(9)
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Where the moveable property to be attached is:—
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(a)
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a debt due to the defaulter in question;
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(b)
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a share in the capital of a corporation or a deposit invested therein;
or
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(c)
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other moveable property not in the possession of the defaulter, except
property deposited in, or in the custody of, any Civil Court;
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The attachment shall be made by a written order signed by the Recovery
Officer prohibiting:—
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(i)
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in the case of a debt, the creditor from recovering the debt and the debtor
from making payment thereof;
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(ii)
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in the case of a share or deposit, the person in whose name the share
or the deposit may be standing, from transferring the share or deposit or
receiving any dividend or interest thereon; and
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(iii)
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in the case of any other moveable property, the person in possession of
it from giving it over to the defaulter.
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A copy of such order shall be sent, in the case of the debt, to the
debtor, in case of the share or deposit, to the proper officer or the
corporation and in the case of any other moveable property, to the person in
possession of such property. As soon as the debt referred to in clause (a) or
the deposit referred to in clause (b) matures, the Recovery Officer may
direct the person concerned to pay the amount to him. Where the share is not
withdraw able, the Recovery Officer shall arrange for its sale through a
broker. Where the share is withdrawn able, its value shall be paid to the Recovery
Officer or to the party referred to in clause (c). The person concerned shall
place it in the hands of the Recovery Officer as it becomes deliverable to
the debtor.
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(10)
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Immovable property shall not be sold in execution of a decree unless
such property has been previously attached :
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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.
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(11)
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In the attachment and sale or sale without attachment of immovable property,
the following rules shall be observed :-
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(a)
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The application presented under sub-rule (2) shall contain a
description of the immovable property to be proceeded against, sufficient for
its identification and in case such property can be identified by boundaries
or numbers in a record of settlement of survey, the specification of such boundaries
or numbers and the specification of the defaulters share or interest in such
property to the best of the belief of the applicant and so far as he has been
able to ascertain it.
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(b)
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The demand notice issued by the Recovery Officer under sub-rule (3) shall
contain the name of the defaulter, the amount due, including the expenses, if
any, and the batta to be paid to the person who shall serve the demand
notice, the time allowed for payment and in case of non-payment, the particulars
of the properties to be attached and sold or to be sold without attachment,
as the case may be. After receiving the demand notice, the Sale Officer shall
serve or cause to be served a copy of the demand notice upon the defaulter or
upon some adult male member of his family at his usual place of residence, or
upon his authorised agent or, if such personal service is not possible, shall
affix a copy thereof on some conspicuous part of the immovable property about
to be attached and sold or sold without attachment, as the case may be:
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Provided that where the Recovery Officer is satisfied that a defaulter
with intent to defeat or delay the execution, proceeding against him is about
to dispose of the whole or any part of his property, the demand notice issued
by the Recovery Officer under sub-rule (3) shall not allow any time to the
defaulter for payment of the amount due by him and the property of the
defaulter shall be attached forthwith.
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(c)
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If the defaulter fails to pay the amount specified in the demand
notice within the time allowed, the Sale Officer shall proceed to attach and
sell, or sell without attachment, as the case may be, the immovable property
noted in the application for execution in the following manner.
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(d)
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Where attachment is required before sale, the Sale Officer shall, if possible,
cause a notice of attachment to be served on the defaulter personally. Where
personal service is not possible, the notice shall be affixed in some conspicuous
part of the defaulters last known residence, if any. The fact of attachment
shall also be proclaimed by beat of drum or other customary mode at some
place on, or adjacent to, such property and at such other place or places as
the Recovery Officer may consider necessary to give due publicity to the
sale. The attachment notice shall set forth that, unless the amount due with interest
and expenses be paid within the date therein mentioned, the property will be
brought to sale. A copy shall be sent to the applicant. Where the Sale Officer
so directs, the attachment shall also be notified by public proclamation in the
Official Gazette.
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(e)
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Proclamation of sale shall be published by affixing a notice in the
office of the Recovery Officer and the Taluka office at least thirty days
before the date fixed for the sale and also by beat of drum in the village
(on two consecutive days previous to the date of sale and on the day of sale
prior to the commencement of the sale). Such proclamation shall, where
attachment is required before sale, be made after the attachment has been
effected. Notice shall also be given to the applicant and defaulter. The proclamation
shall state the time and place of sale and specify as fairly and accurately
as possible:—
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(i)
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the property to be sold;
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(ii)
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any encumbrance to which the property is liable;
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(iii)
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the amount for the recovery of which sale is ordered; and
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(iv)
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Every other matter which the Sale Officer considers material for a purchaser
to know in order to judge the nature and value of the property.
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(f)
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When any immovable property is sold under these rules, the sale shall be
subject to the prior encumbrances on the property, if any. The applicant
shall, when the amount for the realization of which the sale is held exceeds
Rs. 100, furnish to the Sale Officer within such time as may be fixed by him
or by the Recovery Officer, an encumbrance certificate from the Registration
Department for the period of not less than twelve years prior to the date of
attachment of the property sought to be sold, or in cases falling under the
proviso to sub-rule (10), prior to the date of the application for execution.
The time for production of the encumbrance certificate may be extended at the
discretion of the Sale Officer or the Recovery Officer, as the case may be.
The sale shall be by public auction to the highest bidder :
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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 adequate reasons :
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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
reason for such adjournment. Where a sale is so adjourned for a longer period
than seven days, a fresh proclamation under clause (e) shall be made, unless
the defaulter consents to waive it.
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The sale shall be held after the expiry of not less than thirty days
calculated from the date on which notice of the proclamation was affixed in the
office of the Recovery Officer. The time and place of sale shall be fixed by
the Recovery Officer and the place of sale shall be the village where the
property to be sold is situated or such adjoining prominent place of public
resort as may be fixed by the Recovery Officer :
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Provided that in cases where an encumbrance certificate is not
obtainable owing to the destruction of the connected records, an affidavit
from the village Talathi or corresponding officer in regard to the
encumbrances known to him supported by a certificate from the Registration
Department that the encumbrance certificate cannot be granted owing to the
destruction of the connected records shall be accepted in place of an
encumbrance certificate,
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(g)
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A sum of money equal to 15 per cent of the price of the immovable property
shall be deposited by the purchaser in the hands of the Sale Officer at the
time of the purchase, and in default of such deposit, the property shall forthwith
be re-sold :
Provided that where the applicant is the purchaser and is entitled to
set off the purchase money under clause (k), the Sale- Officer shall dispense
with the requirements of this clause.
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(h)
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The remainder of the purchase money and the amount required for the general
stamp for the sale certificate shall be paid within fifteen days from the date
of sale:
Provided that the time for payment of the cost of the stamp may, for
good and sufficient reasons, be extended at the discretion of the Recovery
Officer up to thirty days from the date of sale :
Provided further that in calculating the amounts to be paid under this
clause, the purchaser shall have the advantage of any set off to which he may
be entitled under clause (k).
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(i)
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In default of payment within the period mentioned in the last
preceding clause, the deposit may, if the Recovery Officer thinks fit, after
defraying the expenses of the sale, be forfeited to the State Government and
the defaulting purchaser shall forfeit all claims to the property or to any
part of the sum for which it may subsequently be sold.
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(j)
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Every resale or immovable property in default of payment of the amounts
mentioned in clause (h) within the period allowed for such payment shall be made
after the issue of a fresh proclamation in the manner and for the period
herein before prescribed for the sale.
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(k)
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Where an applicant purchases the property, the purchase money and the
amount due on the decree shall be set off against one another, and the Sale Officer
shall enter up satisfaction of the decree in whole or in part accordingly.
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(12)
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Where prior to the date fixed for a sale, the defaulter or any person
acting on his behalf or any person claiming an interest in the property
sought to be sold tenders payment of the full amount due together with
interest, batta and other expenses incurred in bringing the property to sale,
including the expenses of attachment, if any, the Sale Officer shall
forthwith release the property after cancelling, where the property has been
attached, the order of attachment.
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(13) (i)
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Where immovable property has been sold by the Sale
Officer, any person either owning such property or holding any
interest therein by virtue of a title acquired before such sale may apply to
have the sale set aside on his depositing with the Recovery Officer:-
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(a)
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for payment to the purchaser a sum equal to 5 per cent of the purchase
money; and
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(b)
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for payment to the applicant, the amount of arrears specified in the proclamation
of sale as that for the recovery of which the sale was order together with
interest thereon and the expenses of attachment, if any, and sale and other
costs due in respect of such amount, less amount which may since the date of
such proclamation have been received by the applicant.
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(ii)
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If such deposit and application are made within thirty days from the date
of sale, the Recovery Officer shall pass an order setting aside the sale and
shall repay to the purchaser, the purchase money so far as it has been
deposited, together with the 5 per cent deposited by the applicant :
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Provided that if more persons than one have made deposit and
application under this sub-rule, the application of the first depositor to
the officer authorised to set aside the sale, shall be accepted.
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(iii)
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If a person applies under sub-rule (14) to set aside the sale of immovable
property, he shall not be entitled to make an application under this sub
rule.
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(14) (i)
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At any time within thirty days from the date of the sale of immovable property,
the applicant or any person entitled to share in a rateable distribution of the
assets or whose interests are affected by the sale, may apply to the Recovery
Officer to set aside the sale on the ground of a material irregularity or
mistake or fraud in publishing or conducing it :
Provided that no sale shall be set aside on the ground of irregularity
or fraud unless the Recovery Officer is satisfied that the applicant has
sustained substantial injury by reason of such irregularity, mistake or
fraud.
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(ii)
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If the application be allowed, the Recovery shall set aside the sale
and may direct a fresh one.
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(iii)
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On the expiration of thirty days from the date of sale, if no
application to have the sale set aside is made or if such application has
been made and rejected, the Recovery Officer shall make an order confirming
the sale ;
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Provided that if he shall have reason to believe that the sale ought
to be set aside notwithstanding that no such application has been made or on
grounds other than those alleged in any application which has been made and
rejected, he may, after recording his reasons in writing, set aside the sale.
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(iv)
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Whenever the sale of any immovable property is not so confirmed or is set
aside, the deposit or the purchase money, as the case may be, shall be
returned to the purchaser.
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(v)
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After the confirmation of any such sale, the Recovery Officer shall
grant a certificate of sale bearing his seal and signature to the purchaser,
and such certificate shall state the property sold and the name of the
purchaser.
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(15)
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It shall be lawful for the Sale Officer to sell the whole or any
portion of the immovable property of a defaulter in discharge of money due :
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Provided that, so far as may be practicable, no larger section or
portion of immovable property shall be sold than may be sufficient to
discharge the amount due with interest and expenses of attachment, if any,
and sale.
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(16)
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Deleted
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(17)
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Where the cost and charged incurred in connection with attachment and sale
of movable property or the attachment and sale or sale without attachment of immovable
property under this rule exceeds the amount of the cost deposited by the applicant,
such excess shall be deducted from the sale proceeds of the property sold or
the moneys paid by the defaulter, as the case may be, and the balance shall
be made available to the applicant.
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(18)
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Every person making a payment towards any money due for the recovery of
which application has been made under this rule shall be entitled to a
receipt for the amount signed by the Sale Officer or other officer employed
by the Recovery Officer in that behalf; such receipt shall state the name of
the person making the payment and the subject matter in respect of which the
payment is made.
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(19) (a)
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Where any claim is preferred to, or any objection is made to the attachment
of, any property attached under this rule on the ground that such property is
not liable to such attachment, the Sale Officer shall investigate the claim or
objection and dispose it of on merits:
Provided that no such investigation shall be made when the Sale
Officer considers that the claim or objection is frivolous.
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(b)
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Where the property to which the claim or objection relates has been advertised
for sale, the Sale Officer may postpone the sale pending the investigation of
the claim or objection.
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(c)
|
Where a claim or an objection is preferred to the party against whom an
order is made may institute a suit to establish the right which he claims to
the property in dispute, but, subject to the result of such suit, if any, the
order shall be final.
|
|
(20) (i)
|
Any deficiency of price which may arise on a re-sale held under clause
(j) of sub-rule (11) by reason of the purchasers default, and all expenses
attending such re-sale shall be certified by the Sale Officer to the Recovery
Officer and shall, at the instance of either the applicant or the defaulter,
be recoverable from the defaulting purchaser under the provisions of this
rule. The costs, if any, incidental to such recovery shall also be borne by the
defaulting purchaser.
|
|
(ii)
|
Where the property may on the second sale, sell for a higher price
than at the first sale, the defaulting purchaser at the first sale, shall
have no claim to the difference or increase.
|
|
(21)
|
Where any property has been attached in execution of a decree' but by reason
of the applicants default, the Recovery Officer is unable to proceed further with
the application for execution, he shall either dismiss the application or for
any sufficient reason adjourn the proceedings to a future date. Upon the
dismissal of such application, the attachment shall cease.
|
|
(22)
|
Where assets are held by the Sale Officer and before the receipt of
such assets, demand notices in pursuance of applications for execution of
decree against the same defaulter have been received from more than one
applicant and the applicants have not obtained satisfaction, the assets,
after deducting the costs of realisation, shall be rateably distributed by
the Sale Officer among all such applicants in the manner provided in Section
73 of the Code of Civil Procedure, 1908.
|
|
(23)
|
Where a defaulter dies before the decree has been fully satisfied, an application
under sub-rule (i) 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 representative were the defaulter. Where
the decree is executed against such legal representative, he shall be liable only
to the extent of the property of the deceased which has come to his hands and
has not been duly disposed off; and for the purpose of ascertaining such
liability, the Recovery Officer executing the decree may, of his own motion
or on the application of the applicant, compel such legal representative to
produce such accounts as he thinks fit.
|
|
107A.
|
Maximum
rates of travelling allowance and daily allowance and sitting fees, etc for
members of Committees:-
|
|
Subject to the provisions of section 160-A, no member of a committee
of any society shall be entitled to receive from the society travelling
allowance, daily allowance and sitting fees, which are paid to the members
for attending meetings of its committees, or for performing any other
functions as such members entrusted to them by the society at the rates higher
than the rates specified below, —
|
||
(1)
|
Travelling Allowance.
|
|
(a)
|
Journey by air: - The Chairman or Vice-Chairman of a society which is an Apex Society
or a State Level Society or a Co-operative Sugar Factory or a Co-operative
Spinning Mill, shall be entitled to travel by air and may claim air fare, by
enclosing air ticket to his travelling allowance bill. He shall also be
entitled to claim actual taxi fare from the place of his residence to the
Airport and vice-versa, whenever such journeys are performed in hired taxies.
|
|
(b)
|
Journey by railway, steamer or
motor transport:- For journeys performed by
railway, steamer or motor transport, the member of an Apex Society, State
Level Society, a Co-operative Sugar Factory or Spinning Mill or any other
society, the working Capital of which is rupees fifty crores or above, shall
be entitled to claim one and half times the actual fare for the highest class
of accommodation admissible for the journey from the place of residence of
the member to the nearest railway station or from the place of residence of
the member to the place of the meeting or vice-versa. The member of any other
society shall be entitled to claim one and half times the actual fare for
journey by the Second Class. No separate taxi fare, from the place of
residence to the place of meeting and vice versa, shall be allowed:
|
|
Provided that, the member claiming one and half times of the actual
fare for the highest class of accommodation of railway shall produce his
railway ticket and if such railway ticket is not produced, he shall be
entitled to claim one and half times of the actual fare for the Second Class.
|
||
A member of an Apex Society, State Level Society, a Co-operative Sugar
Factory or Spinning Mill or any other society, the working capital of which
is rupees fifty crores or above, using his own car, motor-cycle, etc., shall
be entitled to claim road kilometer as admissible to First Grade Officers of
the Government of Maharashtra:
|
||
Provided that, such member shall mention the number of his own car or
motorcycle by which the journey is undertaken in the travelling allowance
bill.
|
||
As per provisions of bye-laws of the society a member of the committee
of a society travelling by a hired vehicle shall be on production of receipt
entitled to a travelling allowance equal to the amount given by-the
Government of Maharashtra to its First Grade Officers for such journeys.
|
||
(2)
|
Daily Allowance
|
|
(a) (i)
|
Rates of daily allowance
admissible while on tour:- Subject to the provisions of clause (b), a
member of a committee of a class of society shown in column (1) of the Table
hereto shall be entitled to claim daily allowance at the rates shown against
it in columns (2), (3), (4), (5), (6) or (7), as the case may be, of the said
Table.
|
Table
Class of
Society which the member of the committee belongs
|
Ordinary
rate of daily allowance for area other than Mumbai
|
Special
Rate of daily allowance
|
For Delhi
and other Status
|
Daily
allowance for staying in hotels charging Tariffs, area as per cols. (3) (4)
& (5)
|
|||
For Corporation area
|
For Mumbai Corporation area
|
Area in col. (3)
|
Area in cols. (4) & (5)
|
||||
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
|
(Rs.)
|
(Rs.)
|
(Rs.)
|
(Rs.)
|
(Rs.)
|
(Rs.)
|
||
1
|
All Societies the area of
operation of which extends to the whole of state of Maharashtra or Working
Capital of which is rupees fifty crores or above.
|
150
|
225
|
300
|
360
|
300
|
450
|
2
|
All Societies the area of
operation of which extends to a Division or a District or Working Capital of
which is above rupees five crores but below rupees fifty crores.
|
135
|
195
|
270
|
330
|
270
|
405
|
3
|
All Societies the area of
operation of which extends to a Tahsil and Working Capital of which is above
rupees fifty lakhs but below rupees five crores.
|
120
|
165
|
255
|
300
|
225
|
375
|
4
|
All other Societies
|
90
|
150
|
225
|
270
|
210
|
300
|
Note:-
|
(1)
|
For claiming Daily Allowance for staying in hotels receipt indicating
the actual expenditure incurred on lodging and boarding should be produced.
|
|
(2)
|
A society may allow a member of the committee daily allowance at a
special rate mentioned in column (3) of the Table in paragraph (i) for tour a
city or town in other State other than the capitals of such State which, in
the opinion of its committee is a big city or town like those mentioned in
that column.
|
||
(b)
|
Calculation of daily allowance
for the period spent on tour: -
|
||
(i)
|
Daily allowance at full rate shall be admissible for every 24 hours of
absence, payment for fraction of twenty-four hours being regulated as under—
|
||
Duration of absence
|
Daily Allowances
|
||
Up to 6 hours
|
30 per cent, of the admissible rate.
|
||
6 to 12 hours
|
50 per cent, of the admissible rate.
|
||
More than 12 hours
|
Full daily allowance.
|
||
No daily allowance shall be admissible during the period of journey:
|
|||
Provided that, for journeys performed by road in a car vehicle
supplied by the Institution, a member shall be entitled to claim daily
allowance for the duration of the journey at the rate mentioned above.
|
|||
(ii)
|
When halts both at place for which ordinary rate and places for which
special rate a daily allowance are admissible are involved in one tour the
daily allowance at ordinary rate shall first be calculated for the entire
period of absence. To this shall be added, the difference of daily allowance
between the special rate and the ordinary rate admissible for the actual
period of halt at the places specified for special rates. For computing the
difference between the two rates for fraction of 24 hours the percentage laid
down in paragraph (i) shall be made applicable.
|
||
(3)
|
Sitting Fees. —
|
||
A member of a committee of society shown in column (1) of the Table hereto
shall be entitled to claim per meeting sitting fee at the rate shown, against
it in column (2) of the said Table. Such fee shall be payable only after all the
subjects on the agenda of the meeting are discussed. If the member has attended
more than one meeting on the same day, he shall be entitled to claim sitting
fee for any one of the meetings at the choice of such member.
|
|||
Table
Class of society to which the member of
the committee belongs
|
Rate of sitting fee
|
||
(1)
|
(2) Rs.
|
||
1
|
All Societies the area of operation of which extent to the whole of
state of Maharashtra or Working Capital of which is rupees fifty crores or
above.
|
375
|
|
2
|
All Societies the area of operation of which extends to a Division or
a District or Working Capital of which is above rupees five crores but below
rupees fifty crores.
|
300
|
|
3
|
All Societies the area of operation of which extends to a Tahsil and
Working Capital of which is above rupees fifty lakhs but below rupees five
crores.
|
225
|
|
4
|
(i)
|
All other Societies with Working Capital of rupees fifty lakhs or
above
|
90
|
(ii)
|
All Societies the authorised capital of which is rupees twenty-five
lakhs but less than rupee fifty lakhs.
|
75
|
|
(iii)
|
All other Societies
|
30
|
|
107B
|
Security
to be furnished by officers and employees of societies handling cash, etc:-
|
|
Every officer or employees of a society who is required to handle cash
securities or property belonging to the society, shall furnish security which
shall not be less than that shown as under:-
|
Amount of security to be furnished by
|
Nature of security to be furnished
|
|||
An officer
|
Any other employee
|
|||
(Rs)
|
(Rs)
|
|||
(1) If the paid up shares capital
of the society to which the security is to be furnished is Rs. 1.50 lakhs or
less.
|
1,000
|
500
|
(a)
|
(i) Cash security of Rs. 200 and
|
(ii) for the remaining amount in
the form of personal security of fidelity guarantee policy or
|
||||
(b)
|
Full amount in cash or in the
form of Government securities or postal saving certificates, duly endorsed in
favour of the society.
|
|||
(2) If the paid-up share capital
of the society to which the security to be furnished is above Rs. 1.50 lakhs.
|
2,000
|
1,000
|
Do.
|
do.
|
Note:-
|
The fidelity guarantee policy shall be in such model form as may be
specified by the Registrar or in such other form as may be approved by him in
this behalf. When the fidelity guarantee policy is taken, the person
furnishing the security shall also execute a personal security bond, with two
securities, in such model form as may be specified by the Registrar or in
such other form as may be approved by him in this behalf.
|
|
107C.
|
Maximum
amount of cash which may be handled at a time and who may be authorized: -
|
|
(i)
|
In the case of the following societies, only the Secretary or a paid
employee of a society, duly authorised in this behalf by a resolution of the
committee, shall handle or keep cash on hand to the extent shown, below at
the case of each working day, the excess being credited within three days in
the nearest branch of the District Central Co-operative Bank or any other
approved Bank.
|
I -
Primary Societies
|
|||
Rs.
|
|||
(1)
|
Agricultural Processing Societies, the paid up share capital of
which is more than Rs. 5 lakhs
|
6,000
|
|
(2)
|
Spinning Mills, the paid up share capital of which is more than Rs.50
lakhs
|
6,000
|
|
(3)
|
Spinning Mills, the paid up capital of which is Rs. 50 lakhs or less
|
5,000
|
|
(4)
|
Sugar Factories
|
5,000
|
|
(5)
|
Consumer Societies
|
1,000
|
|
(6)
|
Dairy Societies
|
500
|
|
(7)
|
Agricultural Credit Societies
|
500
|
|
(8)
|
Fisheries Societies
|
500
|
|
(9)
|
Industrial Estates
|
500
|
|
(10)
|
Forest Labour Societies
|
500
|
|
(11)
|
Labour Contract Societies
|
500
|
|
(12)
|
Agricultural Process Societies the paid up share capital of which is
Rs, 5 lakhs or less
|
500
|
|
(13)
|
Salary earners or other Urban Credit Societies
|
500
|
|
(14)
|
Farming Societies
|
300
|
|
(15)
|
Lift Irrigation Societies
|
500
|
|
(16)
|
Industrial Societies
|
500
|
|
(17)
|
Weavers Societies
|
300
|
|
(18)
|
Housing Societies
|
300
|
|
II - Societies
at Taluka Level
|
|||
(1)
|
Taluka Co-operative Purchase and Sale Societies
|
1,000
|
|
(2)
|
Taluka Co-operative Supervising Unions
|
100
|
|
III - District Level Federal Societies
|
|||
(1)
|
District Marketing Societies
|
5,000
|
|
(2)
|
District Wholesale Consumers Stores
|
5,000
|
|
(3)
|
District Level Federal Societies, other than District Central
Co-operative Banks and District Land Development Banks
|
1,000
|
|
(2)
|
Any contravention of this rule shall be an offence under clause (q) of
Section 146 and the person concerned shall, on conviction, be punished under
clause (q) of Section 147.
|
|
107-D
|
Certain
payments to be made by cheque:-
|
|
(1)
|
All payments by or on behalf of a society or class of societies
notified by the State Government from time to time shall be made only by
means of a cheque.
|
|
(2)
|
The State Government may, by general or special order, published in
the Official Gazette, from time to time, direct that a society or class of
societies specified therein shall, while making any payment exceeding such
sum or sums as may be specified, to any member or members by way of
remuneration, be made by crossed cheque drawn on a Bank, and different sums
may be specified by the State Government in this behalf for different society
or class of societies.
|
|
108.
|
Contributions,
fees and charges to be credited to Government:-
|
|
All contributions made under sub-section (2) of Section 90, all fees
paid under subsection (3) of Section 108 and all charges levied under Rule 74
shall be credited to the State Government.
|
||
109.
|
Communication
of decision, award, etc:-
|
|
Any order, decision or award required to be communicated under the Act
or these rules shall, unless otherwise specifically provided in the Act or
the Rules, be posted to the last address of the party as given by the party
under certificate of posting and under intimation to the society, with instructions
to display a copy thereof on its notice board
|
||
110.
|
Repeal of Bombay Co-operative Societies Rules:-
|
|
The Bombay Cooperative Societies Rules, 1927 are hereby repealed,
except as respects thing done or omitted to be done before the repeal
thereof.
|
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