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70. Enforcement of charge.
Notwithstanding anything contained in Chapter VIII or any other law for the time being in force, but without prejudice to any other mode of recover provided in this Act, the Registrar or any person subordinate to him empowered by the Registrar in this behalf may on the application of a co-operative society make an order directing the payment of any debt or outstanding demand due to the society by any member or past or deceased member, by sale of the property or any interest therein, which is subject to a charge under section 36.
Provided that no order shall be made under this section unless the member, past or the nominee, heir or legal representative of the deceased member, has been served with a notice in the manner prescribed.
71. Execution of orders etc.
Every decision, award or order duly passed by the Registrar or arbitrator or Tribunal under section 29, section 30, section 59, section 61, section 70, section 76, section 78 or section 79 shall, if not carried out.
Provided that no order shall be made under this section unless the member, past member or the nominee, heir or legal representative of the deceased member, has been served with a notice in the manner prescribed.
- Where the decision, award or order provides for the recovery of money, be executed according to the law for the time being in force relating to the recovery of land revenue.
Provided that an application for the recovery of any sum in the manner aforesaid shall be made to the Collector and shall be accompanied by a certificate signed by the Registrar or by any person subordinate to him and empowered by the Registrar in this behalf; and
In any other case be executed by the Registrar or ay person subordinate to him and empowered by the Registrar in this behalf, in the same manner as is provided in the case of civil court by the Code of Civil Procedure, 1908.
72. Execution of orders of liquidator.
The orders of the liquidator under section 67 shall be executed according to the Act and under the rules for the time being in force for the recover of arrears of land revenue.
73. Attachment before award.
Where the Registrar is satisfied that a part to any reference made to him under section 60 with intent to defeat or delay the execution of any decision that may be passed thereon is about to.
- Dispose of the whole or any part of the property, or
- Remove the whole or any part of the property form the local limits of the jurisdiction of the Registrar, the Registrar may, unless adequate security is furnished, direct the conditional attachment of the said property of the said property or such part thereof as he thinks necessary. Such attachment shall be executed by civil court having jurisdiction in the same way as an attachment order passed by itself and shall have the same effect as such an order.
Provided that the powers of the Registrar under this section shall not be delegated to any officer below such rank as may be prescribed.
74. Registrar or person empowered by him to be civil court for certain purposes.
The Registrar or any person empowered by him in this behalf shall be deemed, when exercising any powers under this Act for the recovery of any amount by the attachment and sale or by sale without attachment of any property, or when passing any orders on any application made to him for such recovery or for taking a step-in-aid of such recovery, to be civil court for the purposes of article 136 of the schedule to the Limitation Act, 1963.
75. Recovery of sums due to Government.
- All sums due from a co-operative society, or from an officer or member or past member of a co-operative society as such, to Government, included any costs awarded to Government under any provision of this Act, may on a certificate issued by the Registrar in this behalf, be recovered in the same manner as arrears of land revenue.
- Sums due from a co-operative society to Government and recoverable under sub-section (1), may be recovered, firstly from the property of the society, secondly, in the case of the society the liability of the members of which is limited from the members, past members or the estates deceased members, subject to the limit of their liability, and, thirdly, in the case of other societies, from the members, past members or the estates of the deceased members.
Provided that the liability of past members and the estates of deceased members shall in all cases be subject to the provisions of section 27.
Last Updated Date :- 18-06-2018
Page last updated on: 31-10-2022