Section 124 in The Delhi Co-operative Societies Rules, 2007
124. Procedure for Execution by the Collector.
(1)In case any decision, award or order providing for the recovery of money is executable by the Collector under clause (a) of section 105 of the Act, it shall be executed by a Revenue officer empowered by the Collector by-general or special order to do so (hereinafter referred to as the "Recovery Officer" which shall include his successors and assigns) in accordance with the provisions of the Punjab Land Revenue Act (Act XVII of 1887) which shall include any other Act for the time being in force in the National Capital Territory of Delhi relating to recovery of land revenue, the rules, orders or regulations issued there- under from time to time (hereinafter referred to as the "Land Revenue Code").(2)In case any decree holder desires to have the decree executed through the Collector under clause (a) of section 105 of the Act, he shall apply to the Registrar in Form no. 27 for the issue of a certificate for the recovery of the decretal amount as arrears of land revenue.The application shall be delivered in the office of the Registrar personally and a receipt obtained or sent by registered post.(3)Soon after the receipt of the above application, the Registrar shall call for original records and shall check up if the decision or the award had been given in accordance with the Act and the rules and shall check up contents of the application with reference to the relevant original records of the case. If the Registrar is satisfied about the correctness of the award or decision and the application, the Registrar or any officer authorised by him shall issue certificate in Form no. 28 to the decree holder. In case the Registrar is satisfied that the decision or award is in contravention of the provisions of the Act and Rules, the Registrar may refer the arbitration case back to the arbitrator for necessary rectification(s).(4)Within a period of sixty days after the issue of the certificate referred to in sub-rule (3), the decree holder shall apply in Form no. 29 to the Recovery Officer, delivered in person and a receipt obtained or sent by registered post. The application shall be accompanied by:(a)A certified copy of the award;(b)original certificate issued by the Registrar under sub-rule (3) ; and(c)receipted pay-in-slip for deposit of execution fee in the Office of the Registrar.Provided that the Registrar may extend the period of sixty days after hearing the reasons for delay by the decree holder.(5)If the application mentioned in sub-rule (4) is complete in all respect and is accompanied by all the documents, the same shall be entered in the Demand Register and given a distinctive case number and shall be dealt with by the Recovery Officer as if it is a suit filed by the decree-holder against the judgment-debtor. This case number shall be quoted in all process issued in the case from time to time. The Recovery Officer shall thereafter issue various processes for the recovery of the decretal amount according to the Land Revenue Code.(6)The decree holder shall deposit in the "Settlement and Execution Expense Fund' an initial lump sum fee of one hundred rupees for issue of process in the execution case. Thereafter, a fee of at the rate of five per cent shall be charged on all sums recovered by the Recovery Officer from the judgment debtor, which be credited to the aforesaid fund.(7)The Settlement and Execution Expense Fund shall be managed by a Fund Committee as provided under schedule III.
