Chapter XIII EXECUTION OF AWARDS, DECREES, ORDERS AND DECISIONS

Notwithstanding anything contained in Chapter X, 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 empowered by the Registrar in this behalf, may, on his own motion or 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 member or deceased member or by guarantor thereof, by sale of the property or any interest therein, which is mortgaged to the society or is subject to a charge under section 38 or section 39. 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 or guarantor thereof, or any person who has any interest in or charge upon the mortgaged property or any creditor of the mortgager who has, in a suit for administration of the estate, obtained a decree for sale of mortgaged property, as the case may be, has been served with a notice of the application and, -

1. (i) where such person disputes the debt or demand, such dispute is finally adjudicated under section 60; or
2. (ii) where such person does not dispute the debt or demand, he fails to pay such debt or demand within thirty days from the date of the service of such notice as aforesaid.

1. (1) Notwithstanding anything contained in the Transfer of Property Act, 1882 (Central Act 4 of 1882) or any other law for the time being in force, every order made by the Registrar under sub-section (2) of section 57 or under section 99, every decision or award made under section 60, every order made by the Liquidator under section 64 and every order made by the Tribunal under section 105 and 106 and every order made under section 104 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 according to the law and under the rules for the time being in force for the recovery of arrears of land revenue: Provided that any application for the recovery in such manner 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 the order, decision or award, as the case may be;
   • (c) 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 sale without attachment, of any property of the person or a co-operative society against whom the order, decision or award has been obtained or passed.
2. (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 subsection (1), shall be null and void as against the society on whose application the said certificate was issued.

If the Registrar is satisfied on an application, report, inquiry or otherwise, 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 Act, -

1. (a) is about to dispose of the whole or any part of his property, or
2. (b) is about to remove the whole or any part of his property from the jurisdiction of the Registrar, the Arbitrator or Liquidator, as the case may be, he may, unless adequate security is furnished, direct the attachment of the said property and such attachment shall have the same effect as if made by a competent civil court.

1. (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 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. (2) Sums due from a 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 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. 23.

1. (1) Notwithstanding anything contained in any law for the time being in force, when in any execution of an order sought to be executed under section 99, any property cannot be sold for want of buyers, if such property is in the occupancy of the defaulter or of some person on his behalf or of some person claiming under a title created by the defaulter subsequent to the issue of the certificate under section 99 by the Registrar or any person or persons appointed to assist him under section 4, on whom the power to sign such certificate shall have been conferred, the court or the Collector, as the case may be, may with the previous consent of the Registrar, direct that the said property or any portion thereof shall be transferred to the society which has applied for the execution of the said order and that the said property or the portion shall be delivered to the society in the prescribed manner.
2. (2) Subject to such rules as may be made in this behalf and to any right, encumbrances, charges or equities lawfully subsisting in favour of any person, such property/mortgaged property or portion thereof shall be held by the said society on such terms and conditions as may be agreed upon between the court or the Collector, as the case may be, and the said society: Provided that any private transfer or delivery of, or encumbrance or charge on, the property made or created after the issue of the certificate by the Registrar or any person or persons appointed and empowered under section 4 to sign such certificates, as the case may be, under section 99 shall be null and void as against the said society.