(b) On such representation, the officer-in-charge of the said police station shall send a Police Officer to the spot, in the presence of whom the distrainer may force open the outer door of any room within the home except the room of residence for women and enter forcibly.
(c) The distrainer may also in the presence of the Police Officer, after due notice given for the removal of women from their residence and after furnishing means for their removal in a suitable manner enter the said room and may distrain the produce of the mortgaged land or products of the financed unit or other movable property if any, deposited therein but such produce if found shall be removed immediately from such rooms after which they shall be left free to the former occupants.
(b) The sale shall take place after the expiration of a period of 15 days from the date of the service of the notice of demand/distraint referred to in sub-section (1) or Section 25 of the Adhiniyam :
Explanation
(b) Where the property to which the claim is applied has been advertised for sale the distrainer may postpone the sale pending the investigation of the claim.
Chapter 5
Procedure for Sale of Pledged/mortgaged Property
16.
(a) If the amount becomes overdue the Development Bank shall give notice to all the persons specified in sub-section (3) of Section 26 of the Adhiniyam in such form as may be issued by Registrar stating to deposit the amount within 2 months.
(b) Or receipt of the application from District Development Bank, the State Development Bank after enquiry if any objection received shall give permission to exercise the powers under Section 26 of the Adhiniyam in such form as may be issued by the Registrar.
(c) On receipt of the authorisation from the State Development Bank, if any, the District Development Bank shall apply to the Sale Officer for conducting sale. In case of State Development Bank no such authorisation shall be required.
(d) The application shall be submitted to the Sale Officer in such form as may be issued by the Registrar and shall be signed by the person duly authorised by the committee of State Development Bank or District Development Bank. It shall state the amount due for recovery including interest, expenses incurred in the service of the notice referred to in clause (a) of sub-section (3) of Section 26 of the Adhiniyam and the names and address of the person on whom notice was served under the said clause. It shall also contain the description of the movable/immovable property to be proceeded against with its sufficient identification and in case such property can be identified by boundaries in a record of settlement and/or survey, the specification of such boundaries and/or numbers.
Proclamation of sale in such form as may be issued by the Registrar be published by affixing a notice in the office of the Principal Officer of the Co-operative Department in the district and in the Revenue Office of Tehsil atleast 10 days before the date fixed for the sale and also by beat of drum or through loudspeaker in the village where the pledged/charged/mortgaged movable/immovable property is situated and the place where such pledged/charged/mortgaged property is to be sold on 3 consecutive days prior to the date of sale. The proclamation shall state the date, time and place of sale and specify as fairly and accurately as possible :-
(i) The movable/immovable property to be sold,
(ii) The revenue or rent/tax payable in respect thereof,
(iii) The amount for the recovery of which the sale is ordered, and
(iv) Any other matter which the Sale Officer considers material for purchasers to know in order to judge the nature and value of the movable/immovable property.
Section 15 • The C.G. Sahakari Krishi Aur Gramin Vikas Bank Rules, 2008
15. Procedure for distraint and sale of properties.
the-c-g-sahakari-krishi-aur-gramin-vikas-bank-rules-2008-sec-15.json
•
Section 15
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"number": "15",
"title": "15. Procedure for distraint and sale of properties.",
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"content": "(b) On such representation, the officer-in-charge of the said police station shall send a Police Officer to the spot, in the presence of whom the distrainer may force open the outer door of any room within the home except the room of residence for women and enter forcibly.\n(c) The distrainer may also in the presence of the Police Officer, after due notice given for the removal of women from their residence and after furnishing means for their removal in a suitable manner enter the said room and may distrain the produce of the mortgaged land or products of the financed unit or other movable property if any, deposited therein but such produce if found shall be removed immediately from such rooms after which they shall be left free to the former occupants.\n(b) The sale shall take place after the expiration of a period of 15 days from the date of the service of the notice of demand/distraint referred to in sub-section (1) or Section 25 of the Adhiniyam :\nExplanation\n(b) Where the property to which the claim is applied has been advertised for sale the distrainer may postpone the sale pending the investigation of the claim.\nChapter 5\nProcedure for Sale of Pledged/mortgaged Property\n16.\n(a) If the amount becomes overdue the Development Bank shall give notice to all the persons specified in sub-section (3) of Section 26 of the Adhiniyam in such form as may be issued by Registrar stating to deposit the amount within 2 months.\n(b) Or receipt of the application from District Development Bank, the State Development Bank after enquiry if any objection received shall give permission to exercise the powers under Section 26 of the Adhiniyam in such form as may be issued by the Registrar.\n(c) On receipt of the authorisation from the State Development Bank, if any, the District Development Bank shall apply to the Sale Officer for conducting sale. In case of State Development Bank no such authorisation shall be required.\n(d) The application shall be submitted to the Sale Officer in such form as may be issued by the Registrar and shall be signed by the person duly authorised by the committee of State Development Bank or District Development Bank. It shall state the amount due for recovery including interest, expenses incurred in the service of the notice referred to in clause (a) of sub-section (3) of Section 26 of the Adhiniyam and the names and address of the person on whom notice was served under the said clause. It shall also contain the description of the movable/immovable property to be proceeded against with its sufficient identification and in case such property can be identified by boundaries in a record of settlement and/or survey, the specification of such boundaries and/or numbers.\nProclamation of sale in such form as may be issued by the Registrar be published by affixing a notice in the office of the Principal Officer of the Co-operative Department in the district and in the Revenue Office of Tehsil atleast 10 days before the date fixed for the sale and also by beat of drum or through loudspeaker in the village where the pledged/charged/mortgaged movable/immovable property is situated and the place where such pledged/charged/mortgaged property is to be sold on 3 consecutive days prior to the date of sale. The proclamation shall state the date, time and place of sale and specify as fairly and accurately as possible :-\n(i) The movable/immovable property to be sold,\n(ii) The revenue or rent/tax payable in respect thereof,\n(iii) The amount for the recovery of which the sale is ordered, and\n(iv) Any other matter which the Sale Officer considers material for purchasers to know in order to judge the nature and value of the movable/immovable property.",
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