Recovery of sums due and enforcement of obligations

(1) Notwithstanding anything contained in this Act, the Registrar or such other persons as may be authorized in this behalf, may, on his/her own motion when the interest of the Government is involved or on the written requisition of a registered society, an affiliating society or finance bank for the recovery of any loan or any other sum due by a defaulting member after due inquiry as he/she may deem fit and after a reasonable opportunity of being heard, grant a Co-operative Demand Certificate for recovery of any amount found to be due. (2) (a) If any instalment of loan or interest payable by a member of a Co-operative Society or any part of such instalment has remained unpaid for more than 30 days from the date on which it fell due, the Board may, in attention to any other person authorize for the recovery or such instalment or part thereof, recover the instalment or such part thereof by distrain and sale of the produce of the charged land includingthe standing crop; (b) On receipt of such application the Registrar or the person authorized by him/her may, notwithstanding anything contained in the Transfer of property Act, 1882, take action in the manner has prescribed for the purpose of distraining and selling such produce. Provided that no distrain shall be made after the expiry of twelve months from the date on which the instalment fell due; (c) The value of the property distrained shall be, as nearly as possible equal to the amount due and the expenses of the clistrained and the costs of the sale.