Saturday, April 8, 2017

Chptr-15.Executive Of Awards, Of Decrees, Orders and decision

Generally execution of award or decree is the duty of civil court. But for the speedy implementation of their work this power is specially conferred on the registrar or any other person authorized by him under the co-operative society act.

SECTION 75 
ENFORCEMENT OF CHARGE 
Under section 75 the registrar may on the application of the society direct the payment of any debt due to the society by any member, past member or deceased member, by sale of property or interest there in which is to charge under section 35(1). Before issuing such an order, the member concerned has to be given a notice of the application and if the member failed to pay the debt within thirty days from the date of serving the above notice.

SECTION 76 
EXECUTION OF ORDER, AWARD ETC
The following order, award etc. if not carried out shall be executed as a decree of a civil court.
1.The order of surcharge issued under section 68.
2. order passed under under section 75 for enforcement of charge
3. Award issued issued under section 70
4. Order made by liquidator under section 73
5. Every order in appeal review by the tribunal under section 82,84,85 or 86
6. The order in appeal made by other authorities under section 83

If the parties fail to carry out orders they shall be executed in the following ways.

(1). On a certificate signed by the registrar or any person authorized 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.
(2). Where the order is for the recovery of money, be be executed accounting to the
       law for the time being in force for the recovery of arrears of public revenue due
      on land. the application for such recovery shall be       made to the collector
       accompanied by a certificate signed by the registrar. The application should be
       submitted within 12 years from the date of the order.
(3). the registrar or any other person empowered by the registrar in this behalf shall
       executed it by the attachment and sale or through attachment of any property of
       the person or a society.

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