| Enforcement of
charge |
80. Notwithstanding anything
contained in Chapter VIII or any
other law for the time being in
force, but without prejudice to any
other mode of recovery provided in
this Act, the Registrar or any
person subordmate to him empowered
by the Registrar in this behalf may,
on the application of a 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 42
Provided that no order shall be made
under this section unless the
member, past member or the nominee,
him or legal representative of the
deceased member, has been served
with a notice in the manner
prescribed and has failed to pay the
debt or outstanding demand within
the time specified in the notice
which shall not be less than thirty
days. |
| Execution of orders
etc |
81. Every decision, award or
order duly passed by the Registrar
or arbitrator under section 32,
section 33 section 70, section 73,
section 80 or section 98 shall, if
not carried out; |
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(a) 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 the land
revenues;
Provided that an application for the
recovery of any sum in the manner
aforesaid accompanied by a signed by
the Registrar or any person
subordinate to him and empowered by
the Registrar in this behalf shall
be made to the competent revenue
authority that may be prescribed
within twelve years from the date of
the order and |
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(b) in any other
case be executed by the Registrar or
any person subordinate to him and
empowered by the Registrar in this
behalf by attachment and sale or
sale without attachment of any
property of the person or society
against whom the order, decision or
award has been obtained or passed. |
| Execution of orders
of liquidator |
82. The orders of the liquidator
under section 77 shall be executed
in accordance with the Act and the
rules for the time being in force
for the recovery of arrears of land
revenue.
Attachment before award |
| Attachment before
award |
83. Where the Registrar is satisfied
is satisfied that is party to any
reference made to him under section
72 with intent to defeat or delay
the execution of any decision that
be passed thereon is about to |
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(a) dispose of
the whole or any part of the
property. |
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(b) Remove the
whole or any part of the property
from the local limits of the
jurisdiction of the registrar, the
Registrar may, unless adequate
security is furnished direct
attachment of the said property or
such part thereof as he thinks
necessary. Such attachment shall
have the same effect as if made by a
competent civil court.
Provided that the powers of the
Registrar under this section shall
not be delegated to any officer
below such rank as may be prescribed
Provided further that immovable
property shall not be sold in
execution of a decree unless such
property has been previously
attached. |
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Provided further
that where the decree has been
obtained on the basis of a mortgage
of such property, it shall not be
necessary to attach it. |
|
Registrar or person empowered by him
to be civil court for certain
purposes |
84.
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 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 to be a civil court for the
purposes of any law relating to
limitation. |
| Recovery of sums due
to Government |
85. (1) All sums
due from a society, or from an
officer or member or past member of
a society as such, to Government,
including 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. |
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2) Sums due from
a society to Government and
recoverable under sub-section (1),
may be recovered, firstly from the
property of the society secondly, in
the case of a society the liability
of the members of which is limited,
from the members, past members or
the estates of deceased members,
subject to the limit of their
liability and thirdly, in the case
of other societies from the members,
past members or the estate of the
deceased members; |
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Provided that
the liability of past members and
the estate of deceased members shall
in all cases be subject to the
provision of section 29. |