Section 99 in Rajasthan Co-operative Societies Act, 2001
99. Enforcement of charge.
- 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 -(i)where such person disputes the debt or demand, such dispute is finally adjudicated under section 60; or(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.
