THE HIMACHAL PRADESH CO-OPERATIVE SOCIETIES ACT
Chapter XI EXECUTION OF AWARDS, DECREES, ORDERS AND
Chapter XI EXECUTION OF AWARDS, DECREES, ORDERS AND
86. Enforcement of charge.
Notwithstanding anything contained in Chapter IX 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 subordinate 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 52: 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.
Chapter XI EXECUTION OF AWARDS, DECREES, ORDERS AND
87. Execution of orders.
(1) Every order made by the Registrar under section 69 or under section 86, every decision or award made under section 73 and every order made under section 93 or 94, shall, if not carried out, be executed according to the law and under the rules for the time being in force for the recovery of arrears of land revenue: Provided that an application for the recovery of any sum shall be made- (i) to the Collector and shall be accompanied by a certificate signed by the Registrar or by any person authorised by him in this behalf; (ii) within twelve years from the date fixed in the order, decision or award and if no such date is fixed, from the date of order, decision or award. (2) Any private transfer or delivery of, or encumbrance or charge on, property, made or created after the issue of the certificate of the Registrar or any person authorised by him, as the case may be, under sub-section (1), shall be null and void as against the society on whose application the said certificate was issued.
Chapter XI EXECUTION OF AWARDS, DECREES, ORDERS AND
88. Execution of orders of liquidator.
The orders of the liquidator under section 80 shall be executed according to the Act and under the rules for the time being in force for the recovery of arrears of land revenue.
Chapter XI EXECUTION OF AWARDS, DECREES, ORDERS AND
89. 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 power under this Act for the recovery of any amount by the attachment and sale or by the 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 first Schedule to the Limitation Act, 1963, (36 of 1963).
Chapter XI EXECUTION OF AWARDS, DECREES, ORDERS AND
90. Recovery of sums due to Government.
(1) All sums due from a co-operative 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. (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 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 29.
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