(1) Before or at the time when a distraint is Distraiut 1 made under section 9, the distrainer shall serve or I I cause to be served upon the defaulter a written demand specifying the amount for which the distraint is madc. i
(2) The demand shall be dated and signed by the distrainer and shall be served upon the defaulter by delivering n copy to him or to some adult male member o f his family at his usual place of abode or to his authorized agent, or when such service cannot be effected, by affixing a copy of the demand on some conspicuous part of h i s abode and of his land.
I
11. ( I ) If . within fifteen days from the date of service of the demand referred to in section 10, the de- distniacd. I faulter does not pay the amoiuit for which the distraint was effected, the distrainer may sell in auction the distrained property or such part thereof as may in hi& opinion be necessary to satisfy the demand together.
with the expenses of thc distraint and the cost8 of.
the sale;
(2) From the proceeds of such sate, a deduction shall be madc at a rate not exceeding '[seven nayq paise] in the rupee on account of the costs of the .ale.
I ' These words were ybstitutcd for the words " one anna *' by I a t ion 2 of. and the ~ c h d u l e lo, theTamil Nadu Coinage (4tqntipg JI Raferancqn) Act, 1969 (Tamil Nadu Act 9 of 1960).
125 -149-24 I Co-operative Land f1934: T.N. Act X Development Banks
(3) From the balance shall be deducted the expenses incurred by the distrainer on account of the distraint.
(4) The remainder, if any, shall be applied to the discharge of the amount for which the distraint was made.
( 5 ) The burplus, if itny, shall be delivered to the pcrson \thobe property has been sold and h: shall be given a receipt for the nmount disclu;~rged from the proceed:, of the snlc.
Powcr of State 12. The '1S:are Govctnmcnt] may makc ru!? ~ : o t Govarnrnent to make rules ~ncoi~si*tent \I i t h this Chapter-
(i) for thc manncr of cKecting di\traint ;
(i i ) ]'or 1 1 1 ~ ci~stody. prcserv~t ion J I I ~ sfle of tllc distr:~ined properly ; - (i:i) fill the investig.tt ion of clnin~s by persons otlicr than the d-faulter to anv right o r iiltcrcst in tho ciistrained propcrty : iund fo~. tllc po\(pnnc~ncnt of t h ~ sale pending such invest igation ;
(iv) for t l ~ c imnicdi:ltc s;ile of pcrisliable articles;
:11\d
(v) gc~~cr,tlly f o ~ thc purpose o f ci~rrying o~11 tlie 1)rovi~ions of this Chi~ptcr.
CHAPTER IV.
Polver c ~ f Skle.
'7epealed by Central Act XLVIII of 1952.
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1433: T.N. Act X] Co-operatzve Land 435 Development Banks expressly conferred on t hk '[primary land development bankj by the mortgage deed, the committee of such bank or any person authorized by such committee in this behalf shall, in case of default of payment of the mortgage money or any part thereof, have power, in addition to any other remedy available to the bank, to bring the mortgaged property to sale without the intervention of the Court.
I (2) No such power shall be exercised unless and unt i 1- ((I) the Board has,previously authorized the exercise of the power conferred by sub-section (I) , after hearing the objections, if any, of the mortgagor or mortgagors ;
(b) ~zotice in writing requiring payment of such niorlgage money or part has been served upon- ( i ) the mortgagor or each of the morlgagors;
( i i ) any person who has any i~~terest in or charge 11po11 the property mortgageti or in or upon rhc right to redeem the same ;
(iii)any surety for the payment of the rno1.tgage debt or any part thereof; and
(iv) any creditor of the mortgagor who has jn a suit for the administration of his estate ohtained a decrec for sale of the mortgaged property ; and
(c) default has been made in payment of such mortgage money or part for three months after such service.