Section 107

Amendment status not verified — confirm the current text below against the official source.

Procedure for attachment and sale of property under section 156.— (1) A creditor holding a decree requiring the provisions of section 156 to be applied or Society to which— (a) any amount is due under a decree or order of a Civil Court obtained by the Society; (b) any amount is due under a decision, award or order of the Registrar, Arbitrator, Liquidator or Tribunals; (c) any sum is awarded by way of costs under the Act; (d) any amount is due under a certificate granted by the Registrar to the assets of the society; (e) any amount is due under a certificate granted by the Registrar under sub-section (1) 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, shall 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 authorizing any of its members to make and sign the application on its behalf, shall accompany the application. Provided that, no such application shall be necessary in respect of a certificate given under sub-section (1) and (2) of section 101 of the awards or orders referred to in rule 84. (2) 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 amounts 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 it the applicant of other immovable property or to secure the attachment of moveable property. (3) 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. (4) 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:— (i) 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, (ii) 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. (5) In the seizure and sale of moveable property, the following rules shall be observed:— (a) The Sale Officer shall, after giving previous notice to the applicant, proceed to the village where the defaulter resides or the property to be distained is situated and serves 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 distained property and an intimation of place and day and hour at which the distained 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 affected 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. (b) 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 therefore. 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 the property when called for. (c) The distress shall be made after sunrise and before sunset and not at any other time. (d) 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 distrait, detention and sale. (e) If crops or ungathered 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 expense 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. (f) The Sale Officer shall not work the bullocks or cattle, or make use of the goods or effects distained, and he shall provide the necessary food for the cattle or live-stock, 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. (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 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 Zanana or residence of women except as hereinafter provided. (h) 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 which the Sale Officer may force open the outer door of such dwelling house or break open 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 zanana 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 zanana apartments for the purpose of distaining the defaulter's 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. (i) 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): 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 in one or more lots, as the Sale Officer may consider advisable, and shall be disposed of to the highest bidder. Provided that, if 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: 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 a longer period than seven days a fresh proclamation under clause (i) shall be made unless the defaulter consents to waive it. (k) 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. (l) 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. (m) 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 dye including interest, bhatta and other costs incurred in attaching the property, the Sale Officer shall cancel the order of attachment and release the property forthwith. (n) The moveable properties exempted form 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. (6) Where the moveable property to be attached is the salary or allowance or wages of public officer or as 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. (7) (I) 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-owner, the attachment shall be made by notice to the defaulter, prohibiting him from transferring the share or interest or charging it in any way. (ii) 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 he held subject to his further orders. (iii) Where the property to be attached is in the custody of any Court or public officer, the attachment may be made by notice to such Court or officer requesting that such property and any interest or dividend becoming thereon may be held subject to the further demands of the Recovery Officer issuing the notice: 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. (8) (I) Where the property to be attached is a decree either for 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 person to whom a dispute was transferred by the Registrar under section 93 by a nominee or board of nominees, then by the order of the Registrar. (ii) 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. (iii) 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. (iv) Where the property to be attached in execution of a decree is a decree other than a decree of the nature referred 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. (v) 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. (vi) 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 recognized so long as the attachment remains in force. (9) Where the moveable property to be attached is— (a) a debt due to the defaulter in question, (b) a share in the capital of a corporation or a deposit invested therein, or (c) other moveable property not in the possession of the defaulter, except property deposited in, or in the custody of, any civil court, the attachment shall be made by a written order signed by the Recovery Officer prohibiting,— (i) in the case of a debt, the creditor from recovering the debt and the debtor from making payment thereof; (ii) 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 (iii) in the case of any other moveable property, the person in possession of it from giving it over to the defaulter A copy of such order shall be sent, in the case of the debt, to the debtor, in the case of the share or deposit, to the proper officer of 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 clause (a) or the deposit referred to the 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 withdraw- able, its value shall be paid to the Recovery Officer or to the party referred to in clause (c). The person concerned shall place in the hands of the Recovery Officer as it becomes deliverable to the debtor. (10) 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. (11) In the attachment and sale or sale without attachment of immovable property, the following rules shall be observed:— (a) 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 the 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 defaulter's 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. (b) 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 bhatta 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 at some conspicuous part of the immovable property about to be attached and sold or sold without attachment, as the case maybe: 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. (c) 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 immoveable property noted in the application for execution in the following manner. (d) 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 defaulter's 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 Officers so directs, the attachment shall also be notified by public proclamation in the Official Gazette. (e) Proclamation of sale shall be published by affixing a notice in the officer 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 the defaulter. The proclamation shall state the time and place of sale and specify as fairly and accurately as possible,— (i) the property to be sold, (ii) any encumbrance to which the property is liable (iii) the amount for the recovery of which sale is ordered, and (iv) every other matter which the Sale Officer considers material for a purchaser to know in order to judge the nature and valve of the property (f) When any immoveable 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 realisation of which the sale is held exceeds Rs. 100 furnish to the Sale Officer within such time as may 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: 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 reason: 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 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 sate 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: Provided that, in case 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. (g) A sum of money equal to 15 per cent of the price of the immoveable 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 (h) 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 be may be entitled under clause (k). (i) In default pf payment within the period mentioned in the last proceeding clause, the deposit may, if the Recovery Officer thinks fit, after defraying the expenses of the sate, be forfeited to the State Government and the defaulting purchaser shall forfeit all claims to the property or to any pan of the sum for which it may subsequently be sold. (j) Every resale of immoveable 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 hereinbefore prescribed for the sale. (k) 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. (12) 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, bhatta and other expenses incurred in bringing the property to sale, including the expenses of attachment, if any, the Sale Officer shall forthwith release the properly after canceling, where the property has been attached, the order of attachment. (13) (I) Where immoveable property has been sold by the Sate Officer, any person either owning such property of 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,— (a) for payment to the purchaser a sum equal to 5 percent of the purchase money, and (b) 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 ordered 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. (II) If such deposit and application are made within thirty from the date of sate, 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: 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. (III) If a person applies under sub-rule (14) to set aside the sale of immoveable property, he shall not be entitled to make an application under this sub-rule. (14) (i) At any time within 30 days from the date of the sale of immovable property, the applicant or any person entitled to share in a ratable distribution of the assets or whose interests are affected by the sale, may apply to that Recovery Officer to set aside the safe on the ground of a material irregularity or mistake or fraud in publishing or conducting 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 (ii) if the application be allowed, the Recovery Officer shall set aside the sate and may direct a fresh one, (iii) 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: 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 reason in writing, set aside the sale, (iv) Whenever the sale of any immoveable property is not so confirmed or is set aside the deposit or the purchase money, as the case may be, shall b& returned to the purchaser (v) After the confirmation of any such sale, the Recovery Officer shall grant a certificate of sale bearing his seal and signature of the purchaser, and such certificate shall state the property sold and the name of the purchaser. (15) It shall be lawful for the Sale Officer to sell the whole or any portion of the immoveable property of a defaulter in discharge of money due: Provided that, so far as may be practicable, no larger section or portion of immoveable property shall be sold than may be sufficient to discharge the amount due with interest and expenses of attachment, if any, and sale. (16) Clause 16 Deleted. (17) Where the cost and charges incurred in connection with attachment, and sale of moveable property or the attachment and safe or sale without attachment of immoveable 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. (18) 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 empowered 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. (19) (a) 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 claims 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. (b) 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. (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 purchaser’s 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 such4 recovery shall also be born 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 decree but by reason of the applicant’s 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 ratably 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 (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 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 Bands 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. 107-A. Maximum rates of traveling allowance and daily allowance and sitting fees etc. for members of Committees — Subject to the provision of section 160-A, no member of a Committee of any Society shall be entitled to receive from the Society traveling allowance, daily allowance and sitting fees, which are paid to the members for attending meeting of its Committees, or for Class of Society to which the Ordinary Special Rate of For performing any other functions as such members entrusted to them by the Society at the rates higher than the rates specified below:— (1) Traveling 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 Cooperative Sugar Factory or a Co-operative Spinning Mill shall be entitled to travel by air and may claim air fate, by enclosing air ticket to his traveling 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, Sugar Factory, 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. A member of an Apex Society, State Level Society, Sugar Factory, 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 kilometerage as admissible to first Grade Officers of the Government of Maharashtra: Provided that, such member shall mention the number of his/her own car or Motor Cycle by which the journey is undertaken in the traveling allowance bill. As per provisions of bye-laws of the society a member of the Committee of a Society traveling by a hired vehicle shall be on production of receipt entitled to a traveling allowance equal t6 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 Sr. Class of Society to which the member of the committee belongs Ordinary rate of daily allowance area other than Bombay Special Rate of Daily Allowance For Delhi and other State Daily allowance For corporation/ corporation area For Bombay Capitals For staying in hotels charging tariffs, area as per col. 3, 4 & 5 Area in Column 3 Area in Column 4 & 5 1 2 3 4 5 6 7 8 Rs. Rs. Rs. Rs. Rs. Rs. 1 2 3 4 All societies the area of operation of which extends to the whole of the State of Maharashtra or working capital of which is Rs.50 Crores or above All societies the area of operation of which extends to a division or a district or working capital of which is above Rs.5 Crores but below Rs.50 Crores All societies the area of operation of which extends to a Tahsil and working capital of which is above Rs.50 Lakh but below Rs.5 Crores All other societies 50 45 40 30 75 65 55 50 100 90 85 75 120 110 100 90 100 90 75 70 150 135 125 100 (ii) 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 24 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 class 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. TABLE Sr. Class of society to which the member of the committee belongs Rate of sitting fee 1 2 1 2 3 4 (2) (3) All societies the area of operation of which extends to the whole of the State of Maharashtra or working capital of which is Rs.50 Crores or above All societies the area of operation of which extends to a division or a district or working capital of which is above Rs.5 Crores but below Rs.50 Crores All societies the area of operation of which extends to a Tahsil and working capital of which is above Rs.50 Lakh but below Rs.5 Crores All other societies Rs.50 Lakh or above All societies the authorized capital of which is Rs.25 Lakh but less than Rs.50 Lakh All other societies 125 100 75 30 25.00 10.00 107-B. 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 furnished An officer Any other employee Rs. Rs. 1 2 If the paid up capital of the society to which the security is to be furnished in Rs.1.50 Lakh or less. If the paid up share capital of the society to which the security is to be furnished is above Rs.1.50 Lakh 1000 2000 500 1000 (a)(i) Cash security on 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 savings. 107-C. Maximum amount of cash which may be handled at a time and who may be authorised.— (1) In the case of the following societies, only the Secretary or a paid employee of the 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 6000 More than Rs. 5 Lakh (2) Spinning Mills, the paid up share capital of which is more than Rs.50 Lakh 6,000 (3) Spinning Mills, the paid up capital of which is Rs. 50 Lakh or less. 5,000 (4) Sugar factories 5,000 (5) Consumers 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 500 Capital of which is Rs. 5 Lakh or less. (13) Salary Earners or other Urban Credit Societies 500 (14) Farming Societies 500 (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 Inions 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 1,000 Co-operative Banks and District Land Development Banks (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 by means of a Cheque. (2) The State Government may, 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.