Section 101 in The Maharashtra Co-Operative Societies Act, 1960
101. [Recovery of certain sums and arrears due to certain societies as arrears of land revenue.] [This marginal note was substituted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 64(c), (w.e.f. 14-2-2013).]
- [(1) Notwithstanding anything contained in sections 91, 93 and 98, on an application made by a resource society undertaking the financing of crop and seasonal finance as defined under the Bombay Agricultural Debtors Relief Act, 1947, [or advancing loans for other agricultural purposes repayable during a period of not less than eighteen months and not more than five years] [Sub-section (i) was substituted for the original by Maharashtra 27 of 1969, Section 17(a).] for the recovery of arrears of any sum advanced by it to any of its members on account of the financing of crop or seasonal finance [or for other agricultural purposes as aforesaid] [This portion was deemed to have been inserted on 1st July 1971 by Maharashtra 44 of 1973, Section 3(b).] or by a crop-protection society for the recovery of the arrears of the initial cost or of any contribution for obtaining services required for crop-protection society or for the recovery of the arrears of the initial cost or of any contribution for obtaining services required for crop protection which may be due from its members or other owners of lands included in the proposal (who may have refused to become members) or by a lift irrigation society for the recovery of arrears of any subscription due from its members for obtaining services required for providing water supply to them, [or by a Tulaka or Block level village artisans multipurpose society advancing loans and arranging, for cash credit facilities for artisans for the recovery of arrears of its dues,] [This portion was inserted by Maharashtra 36 of 1975, Section 8.] [or [[***] [This portion was Inserted by Maharashtra 20 of 1986, Section 52(a).], or by a co-operative dairy society advancing loans for the recovery of arrears of any, sum advanced by it to any of its-members or by an urban co-operative bank for the recovery of arrears of its dues, [or any sum advanced by the District Central Co-operative Bank to its individual members or by non-agricultural co-operative credit society for the recovery of the arrears, of its dues] [These words were inserted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 64(a)(ii), (w.e.f. 14-2-2013).] or by salary-earners co-operative society for the recovery of arrears of its dues, or by a fisheries co-operative society for the recovery of arrears of its dues,] [or by any such society or class of societies, as the state Government may from time to time, notify in the Official Gazette, for the recovery of any sum advanced to, or any subscription or any other amount due from, the members of the society or class of societies so not notified;] [This portion was substituted by Maharashtra 31 of 1990, Section 2.] and [on the society concerned furnishing a statement of accounts and any other documents as may be prescribed] [These words were substituted for the words 'on the society concerned furnishing a statement of accounts' by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 64(a)(iii), (w.e.f. 14-2-2013).] in respect of the arrears, [the Registrar may, after making the inquiry in such manner as may be prescribed, grant a certificate for the recovery of the amount stated therein to be due as arrears. The application for grant of such certificate shall be made in such form and by following such procedure, accompanied by such fees and documents as may be prescribed] [This portion was substituted by Maharashtra 20 of 2006, Section 2(9), w.e.f. 10-5-2006.][Explanation I] [This Explanation was renumbered as Explanation i by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 64(a)(iv), (w.e.f. 14-2-2013).]. - For the purposes of this sub-section, the expression 'other agricultural purposes' includes dairy, pisciculture and poultry.][***] [Deleted 'Explanation II - For the purposes of this sub-section the expression 'maintenance and service charges' means such charges as are specified in the by-laws of the concerned co-operative housing society.' by Maharashtra Act No. 23 of 2019, dated 23.7.2019.](2)Where the Registrar is satisfied that [the concerned society has failed to take action under the foregoing sub-section in respect of any amount due as arrears,] [This portion was substituted for the original by Maharashtra 27 of 1969, Section 17(b).] the Registrar may, of his motion, after making such inquiries [as may be prescribed] [These words were substituted for the words 'as he deems fit' by Maharashtra 20 of 2006, Section 2(b), w.e.f. 10-5-2005.], grant a certificate for the recovery of the amount stated therein to be due as arrears and such a certificate shall be deemed to have been issued as if on an application made by the society concerned.(3)A certificate granted by the Registrar under sub-section (1) or (2) shall be final and a conclusive proof of the arrears stated to be due therein, and the same shall be recoverable according to the law for the time being in force [as arrears of land revenue. A revision shall lie against such order or grant of certificate, in the manner laid down under section 154 and such certificate shall not be liable to be questioned in any court] [These words were substituted for the words 'for the recovery of land revenue' by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 64(b), (w.e.f. 14-2-2013).].(4)It shall be lawful for the Collector and the Registrar to take precautionary measures authorised by sections 140 to 144 of the [Bombay Land Revenue Code, 1879] [See now the Maharashtra Land Revenue Code, 1966 (Maharashtra XLI of 1966).] or any law or provision corresponding thereto for the time being in force, until the arrears due to [the concerned society] [These words were substituted for the words 'the resource society' by 27 of 1969, Section 17(c).], together with interest and any incidental charges incurred in the recovery of such arrears, are paid, or security for payment of such arrears is furnished to the satisfaction of the Registrar.
