Section 97 in The Delhi Co-operative Societies Rules, 2007
97. Recovery of outgoings and arrears of dues as arrears of land revenue.
(1)Subject to the provisions of sub-section (1) of section 108 of the Act, while making an application for relief, a co-operative society or Federal Cooperative Society or Financial Institution, in addition to normal averments containing particulars of the claim for arrears of any sums advanced to any of its members supported by evidence constituting the cause of action and when arose, shall also make following averments, namely:-(a)That the claim is only in respect of arrears of any sums advanced to any members of the co-operative society only and no other relief beyond the scope of the said section is claimed in the application;(b)That it believes that there is no valid or bonafide defence against the claim;(c)That the member is not disputing the arrears.(2)On receipt of application, the Registrar shall give an opportunity to the affected person to present his case in writing and by personal appearance, within fifteen days of the receipt of the application from the applicant. Thereafter, the Registrar, within total period of thirty days of the receipt of application if satisfied shall issue a certificate for recovery of the amount stating therein like dues as arrears of land revenue.(3)If the Registrar is not satisfied with the facts and claims made in the application, and it appears to him that there exists a dispute which is subject matter of section 70 and 71 of the Act, the Registrar shall communicate the rejection of application in writing giving reasons for such a rejection within thirty days of the receipt of application.(4)The Registrar, if comes to know through audit report or representation from at least ten members in writing, that the cooperative housing society or the apex has failed to take action against the defaulters for the recovery of dues of out goings and arrears of dues under sub-section (1) of section 84, of the Act shall after making such enquiry as he deems fit or on his motion, if satisfied, shall grant certificate for the recovery of the amount determined by him after the enquiry to dues as arrears and shall be recoverable as arrears of the land revenue.(5)After the grant of the certificate by the Registrar, if an application is made by the cooperative housing society or the apex within thirty days of grant of certificate of recovery for a security for the satisfaction of the Registrar until the arrears due to the co-operative housing society or apex are recovered, the Registrar shall make an order in writing for the compliance by the members against whom certificate for recovery has been issued.(6)If the Registrar or the person authorized by him in writing considers necessary and expedient to expedite the recovery of the sum for which certificate for recovery has been granted, he may direct for conditional attachment of the property mortgaged, to his satisfaction and also by an order prohibit its transfer or creating any charge on the property in any way so that no benefit can be availed by the person against whom certificate for recovery has been issued.
