Attachment of salary of surety

Whether a recovery officer and a sales officer have a power to attach salary of surety under Sec. 107 Maharashtra co-operative society rules 1961 though he has not given a salary certificate but given a land extract at the time of loan on mortgage without sale of mortgage property? And whether the dearness allowances and house rent allowance can be attached under Sec. 60 of civil procedure code?

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No, section 107 of the Maharashtra Cooperative Society Act 1961 does not vest the power to attach an individuals salary as surety with a sales or recovery officer.

Further rent allowances and dearness allowances do come under properties that cannot be attached as per section 60 of the C.P.C.

Answered on October 14, 2016.
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