Chapter X EXECUTION OF AWARDS DECREES, ORDERS AND DECISIONS

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 Regulation, the Registrar or any person subordinate to him empowered by the Registrar in this behalf may, debt 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 31; 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 prescribed manner and has failed to pay the debt or outstanding demand within seven days from the date of such notice. (1) A liquidator appointed under section 58 shall as soon as order of winding-up of a co-operative society takes effect publish by such means as he may think proper, a notice requiring all claims against the co-operative society, the winding up of which has been ordered, to be submitted to him within one month of the publication of the notice. All liabilities recorded in account book of a co-operative society shall be deemed ipso facto to have been duly submitted to him under this sub-rule. (2) The liquidator shall, after setting the assets and liabilities of the co-operative society as they stood on the date on which the order for winding up is made, proceed next to determine the contribution to be made by each of its members, past members or by the estates or nominees, heirs or legal representatives of deceased members or by any officers or former officer to the assets of the co-operative society under clauses (b) & (e) of sub section (2) of section 59. Should necessity arise, he may, make a subsidiary order regarding such contributions and such order shall be enforceable in the same manner as the original order. (3) The liquidator may at any time, call a meeting of the members or the creditors or a joint meeting of the members and creditors and such meeting shall be called, held and conducted at such time and place and in such manner as the liquidator may deem fit.

Every decision, award or order made under section 54, section 56, section 62 or section 68 shall, if not carried out :- (a) on a certificate signed by the Registrar, or any person authorised by him in this behalf, be deemed to be a decree of a civil court and shall be executed in the same manner as a decree of such court ; or (b) be executed, by the Registrar or any other person subordinate to him empowered by the Registrar in this behalf, by attachment and sale or by sale without attachment of any property of the person or co-operative society against whom the decision, award or order has been made. An order passed by the liquidator under clause (b) of sub section (2) section 59 shall be submitted by him to the Registrar for approval. The Registrar may modify such order or refer it back to the liquidator for further inquiry or action.

Every order made by the liquidator under section 59 shall be executed according to the law for the time being in force for the recovery of arrears of land revenue. The liquidator shall submit to the Registrar a quarterly report in such form as the Registrar may specify showing the progress made in the liquidation of the co-operative society.

If the Registrar is satisfied on an application, report or enquiry that any person with intent to delay or obstruct the enforcement of any order, decision or award that may be made against him under the provisions of this Regulation – (a) is about to dispose of the whole or any part of the property; or (b) is about to remove the whole or any part of the property from the jurisdiction of the Registrar, the arbitrator or the liquidator, as the case may be, he may, unless adequate security is furnished, by order, direct attachment of the said property ; and such attachment shall have the same effect as if made by a competent civil court. All funds in charge of the liquidator shall be deposited with such institutions or person as the Registrar may approve.

The Registrar or any person empowered by him in this behalf shall be deemed, when exercising any powers under this Regulation 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 or for taking a step-in-aid of such recovery, to be a civil court for the purposes of article 136 of the First Schedule to the Limitation Act, 1963 (36 of 1963). All expenses incurred in connection with the winding up of the co-operative society shall be subject to the approval of the Registrar.

(1) 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 the Government, including any costs awarded to the Government under any provisions of this Regulation, may, on a certificate issued by the Registrar in this behalf, be recovered in the same manner as arrears of land revenue. (2) Sums due from a co-operative society to the 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 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 22. The liquidator shall distribute the realised assets in such manner and in such priority as the Registrar may direct.