Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Maharashtra - Section

Section 85 in The Maharashtra Cooperative Societies Rules, 1961

85. Transfer of property which cannot be sold.

(1)When in execution of an order sought to be executed [under sections 98, 101 and 137] [Substituted 'under section 98,' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] any property cannot be sold for want of buyers, if such property is in the possession of the defaulter or of some person on his behalf, or of some person claiming it under a title created by the defaulter subsequent to the issue of the certificate by the Registrar or Liquidator [***] [Deleted 'under clause (a) or (b) of the said section,' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] the officer conducting the execution shall as soon as practicable report the fact to the Court or the Collector or the Registrar, as the case may be, and the society applying for the execution of the said order.
(2)On receipt of a report under sub-rule (1), the society may, within six months from the date of the receipt of the report or within such further period as may for sufficient reasons be allowed in any particular case by the Court or the Collector or the Registrar, submit an application in writing to the Court, the Collector or the Registrar, as the case may be, stating whether or not it agrees to take over such property.
(3)On receipt of an application under sub-rule (2), notices shall be issued to the defaulter and to all persons known to be interested in the property, including those whose names appear in the Record of Rights as persons holding any interest in the property, about the intended transfer.
(4)On receipt of such a notice, the defaulter, or any person owning such property, or holding an interest therein by virtue of a title acquired before the date of the issue of a certificate [or as the case may be, under sections 98, 101 and 137] [Substituted 'under section 98,' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] may, within one month from the date of the receipt of such notice, deposit with the Court or the Collector or the Registrar, for payment to the society a sum equal to the amount due under the order sought to be executed together with interest thereon and such additional sum for payment of costs and other incidental expenses as may be determined in this behalf by the Court or the Collector or the Registrar, as the case may be.
(5)On failure of the defaulter, or any person interested, or any person holding any interest in the property, to deposit the amount under sub-rule (4), the Court or the Collector or the Registrar, as the case may be, shall direct the property to be transferred to the society on the conditions stated in the certificate in Form R.
(6)The certificate granted under sub-rule (5) shall state whether the property is transferred to the society in full or partial satisfaction of the amount due to it from the defaulter.
(7)If the property is transferred to the society in partial satisfaction of the amount due to it from the defaulter, the Court or the Collector or the Registrar, as the case may be, shall, on the production by the society of a certificate signed by the Registrar, recover the balance due to the society in the manner laid down in Section 98.
(8)The transfer of the property under sub-rule (5) shall be effected as follows :-
(i)In the case of moveable property;-
(a)Where the property is in the possession of the defaulter himself or has been taken possession of on behalf of the Court or the Collector or the Registrar, it shall be delivered to the society.
(b)Where the property is in the possession of some person on behalf of a defaulter, the delivery thereof shall be made by giving notice to the person in possession, directing him to give actual peaceful possession to the society, and prohibiting him from delivering possession of the property to any other person.
(c)The property shall be delivered to a person authorised by the society to take possession on behalf of the society.
(ii)In the case of immovable property:-
(a)Where the property is growing or standing crop, it may be delivered to the society before it is cut and gathered and the society shall be entitled to enter on the land, and to do all that is necessary for the purpose of tending and cutting and gathering it.
(b)Where the property is in the possession of the defaulter or of some person on his behalf or some person claiming under a title created by the defaulter subsequent to the issue of a certificate [or as the case may be, under sections 98, 101 and 137] [Substituted 'under section 98,' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] the Court of the Collector or the Registrar, as the case may be. shall order delivery to be made by putting the society or any person whom the society may appoint to receive delivery on its behalf in actual possession of the property and if need be, by removing any person who illegally refuses to vacate the same.
(c)Where the property is in the possession of a tenant or other person entitled to hold the same by a title acquired before the date of issue of a certificate [or as the case may be, under sections 98, 101 and 137] [Substituted 'under section 98,' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] the Court or the Collector or the Registrar, as the case may be, shall order delivery to be made by affixing a copy of the certificate of transfer of the property to the society in some conspicuous place on the property and proclaiming to such person by beat of drum or other customary mode at some convenient place, that the interest of the defaulter has been transferred to the society.
(9)The society shall be required to pay expenses incidental to sale including the cost of maintenance of livestock, if any, according to such scale as may be fixed by the Registrar from time to time.
(10)Where land is transferred to the society under sub-clause (a) of clause (ii) of sub-rule (8) before a growing or standing crop is cut and gathered, the society shall be liable to pay the current year's land revenue on the land.
(11)The society shall forthwith report any transfer of property under sub-clause (b) or (c) or clause (ii) of sub-rule (8) to the village accountant for information and entry in the Record of Rights.
(12)The society to which property is transferred under sub-rule (5) shall maintain for each such defaulter a separate account showing all the expenses incurred including payment to outside encumbrances, land revenue and other dues on the property and all the income derived from it.
(13)The society to which property is transferred under sub-rule (5) shall use its best endeavour to sell the property [by following due procedure as provided in rule 107, as soon as practicable within such period but not more than period of three years from the date of entering the name of the society in the record of rights of the transferred property,] [Substituted 'as soon as practicable' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] to the best advantage of the society as well as that of the defaulter, the first option being always given to the defaulter who originally owned the property. The sale shall be subject to confirmation by the Registrar. The proceeds of the sale shall be applied to defraying the expenses of the sale and other expenses incurred by the society and referred to in sub-rules (9) and (12) and to the payment of the arrears due by the defaulter under the order in execution and the surplus (if any) shall then be paid to the defaulter.
(14)Until the property is sold, the society to which the property is transferred under sub-rule (5) shall use its best endeavours to lease it or to make any other use that can be made of it so as to derive the largest possible income from the property.
(15)When the society to which property is transferred under sub-rule (5) has realised all its dues, under the order in execution of which the property was transferred from the proceeds of management of the property, the property, if unsold, shall be restored to the defaulter.[[86. Payment of fees for decisions of disputes, appeal, revision, application, etc. [Substituted by G.N. of 14-2-1975.]
(1)The Registrar or the Co-operative Court, as the case may be, may take a dispute, appeal, revision, etc. on file only if the application for such dispute in Form `P' is affixed with the court-fees stamps at the rates, in the following categories, namely: -Proper Court Fee Rs.
(i) Simple money claims  
(a) When the amount of the claim in Dispute does notexceed Rs. 1,00,000/- Two percent or Rs. 100/- whichever is higher.
(b) When such amount exceeds Rs. 1,00,000/-but doesnot exceed Rs 5,00,000/- Rs. 2000/- plus one percent of the amount ofclaim in dispute exceeds Rs. 1,00,000/-, subject to the maximumof Rs. 6,000/-
(c) When such amount exceeds Rs. 5,00,000/- Rs. 6,000/- plus ½ percent of the amountof claim in dispute exceeds Rs. 5,00,000/- subject to the maximumof Rs. 25,000/-
(ii) Complicated money claims .-  
(a) When the amount of the claim in Dispute does notexceed Rs. 1,00,000/- Two and half percent or Rs. 200/-whichever is higher.
(b) When such amount exceeds Rs. 1,00,000/- but doesnot exceeds Rs. 5,00,000/- Rs. 2500/- plus two percent ofthe amount of claim in dispute exceeds Rs. 1,00,000/- subject tothe maximum of Rs. 10500/-
(c) When such amount exceeds Rs. 5,00,000/- Rs. 10500/- plus one percent of the amount ofclaim in dispute exceeds Rs. 5,00,000/- subject to the maximum ofRs. 40,000/-
(i) Application, appeal, review and revisionapplication presented before the concerned authority or Courtunder the Act and the Rules Rs. 100/-
(ii) Any other dispute under section 91 (excludingmoney claim) Rs. 5,000
Explanation. - For the purposes of this sub-rule, "Simple money claim" means the claim of a society for sanction of credit to its members, based on loan bonds, promissory notes, admissions or an acknowledgments and "Complicated money claims" means all money claims other than simple money claims. The question regarding the classification of a dispute, appeal, revision, etc. for the purpose of this sub-rule shall be decided by the Registrar or the Co-operative Court deciding the dispute, appeal, revision, etc. and the decision of the Registrar or the Co-operative Court, as the case may be shall, be final.
(2)No document of any of the kinds specified below shall be filed before the Registrar or the Co-operative Court, unless it is affixed with the proper court fee stamp as specified against it : -]
  Proper Court Fees Rs.
(i) Vakalatnama 10
(ii) Application for adjournment 25
(iii) Application for interim stay of relief 100
(3)
(a)The Registrar or the Co-operative Court deciding any dispute, appeal, revision, etc. may require the party or parties to the dispute, appeal, revision, etc. to deposit such sum as may, in its opinion, be necessary to meet the expenses, including payment of fees to the Registrar or the Court, as the case may be.
(b)The Registrar shall have power to order the fees and expenses of determining the dispute, appeal, revision, etc. to be paid by the society out of its funds or by such party, or parties to the dispute, appeal, revision, etc., according to the following scales : -
    FeeRs.
(i) Application,appeal, review and revision application presented before theconcerned authority the Act and the Rules. Rs.100/-
(ii) ProcessingFee for respondent in respect of application appeal, petition,review and revision, application, etc. presented before theconcerned authority. Rs.100/- per respondent
(c)The State Government may, by general or special order, specify the scale of fees and expenses to be paid to the Registrar or the Co-operative Court.]