The Multi-State Cooperative Societies Act, 1984

CHAPTER X: EXECUTION OF DECREES, ORDERS AND DECISIONS

85. Execution of decisions, etc. -

Every decision or order made under section 30, section 31, section 73, section 76, section 90, section 92 or section 93 shall, if not carried out.

(a) on a certificate signed by the Central Registrar or any person authorised by him in writing in this behalf, be deemed to be a decree of a civil court and shall be executed in the same manner as if it were a decree of such court or

(b) where the decision or order provides for the recovery of money, be executed according to the law for the time being in force for the recovery of arrears of land revenue :

Provided that any application for the recovery in such manner of any sum shall be made -

(i) to the Collector and shall be accompanied by a certificate signed by the Central Registrar or by any person authorised by him in writing in this behalf;

(ii) within twelve years from the date fixed, in the decision or order and if no such date is fixed from the date of the decision or order, as the case may be; or

(c) be executed by the Central Registrar or any persons authorised by him in writing in this behalf, by attachment and sale or sale without attachment of any property of the person or a multi-State cooperative society against whom the decision or order has been made.

86. Execution of orders of liquidator -

Every order made by the liquidator under section 81 shall be executed according to the law for the time being in force for the recovery of arrears of land revenue.

87. Attachment before award -

(1) Where the Central Registrar is satisfied that a party to any reference made to him under section 74 with intent to defeat or delay the execution of any decision that may be passed thereon is about to -

(a) dispose of the whole or any part of the property; or

(b) remove the whole or any part of the property from its existing precincts, the Central Registrar may, unless adequate security is furnished, direct conditional attachment of the said property or such part thereof as he think necessary.

(2) The attachment under sub-section (1) shall be executed by a civil court having jurisdiction in the same way as an attachment order passed by itself and shall have the same effect as such order.

88. Central Registrar or the person authorised by him to be civil court for certain purposes -The Central Registrar or any person authorised by him in writing 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 a civil court for the purposes of article 136 of the Schedule to the Limitation Act, 1963.

89. Recovery of sums due to Government -

(1) All sums due from a multi-State cooperative society, or from an officer or member or past member of a multi-State cooperative society, to the Central Government or a State Government, including any cost awarded to the Central Government or the State Government, as the case may be under any provision of this Act, may on a certificate issued by the Central Registrar in this behalf, be recovered in the same manner as arrears of land revenue.

(2) Sums due from a multi-State cooperative society to the Central Government or a State Government and recoverable under sub-section(1) may be recovered firstly from the property of the society and secondly from the members, past members or the estates of deceased members, subject to the limit of their liability;

Provided that the liability of past members and the estate of deceased members shall in all cases be subject to the provision of section 28.