The Punjab Co-operative Societies Act, 1961
Chapter X EXECUTION OF AWARDS, DECREES,
Chapter X EXECUTION OF AWARDS, DECREES,
62. Enforcement of charge
Nothwithstanding 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 subordinate to him empowered by the Registrar in this behalf may, 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 manner prescribed.
Chapter X EXECUTION OF AWARDS, DECREES,
63. Execution of certain decisions, awards and orders
Every decision, award or order duly passed under section 54, 56, 62, 68 or 69 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 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 the attachment and sale or by sale without attachment of any property of the person or of the co-operative society against whom the order, decision or award has been obtained or passed; or (c) be executed according to the law for the time being in force for the recovery of arrears of land revenue : Provided that an application for the recovery of any sum in the last aforesaid manner shall be made to the Collector and shall be accompanied by a certificate signed by the Registrar or any person authorised by him in this behalf.
Chapter X EXECUTION OF AWARDS, DECREES,
64. Execution of orders of liquidator
The orders of the liquidator under section 59 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 X EXECUTION OF AWARDS, DECREES,
65. Attachment before award
Where the Registrar is satisfied that a party to any reference made to him under section 55 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 the local limits of the jurisdiction of the Registrar, the Registrar may, unless adequate security is furnished, direct the conditional attachment of the said property or such part thereof as he thinks necessary. Such attachment 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 an order : Provided that the powers of the Registrar under this section shall not be delegated to any officer below such rank as may be prescribed.
Chapter X EXECUTION OF AWARDS, DECREES,
66. 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 powers 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 182 of the First Schedule to the Indian Limitation Act, 1908 (9 of 1908).
Chapter X EXECUTION OF AWARDS, DECREES,
67. 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 co-operative 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 co-operative 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 22.
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