Section 106 in The Gujarat Co-Operative Societies Act, 1961
106. Recovery of crop loans.
(1)Notwithstanding anything contained in Sections 96, 98 and 103, on an application made by a society undertaking the financing of crop and seasonal finance as defined under the Bombay Agricultural Debtors Relief Act, 1947 (Bombay XXVIII of 1947) [or undertaking medium term finance] [Inserted by Gujarat 23 of 1982] for the recovery of arrears of any sum advanced by it to any of its members on account of the [financing of crops, seasonal finance or medium term finance] [Substituted by Gujarat 23 of 1982] and on its furnishing a statement of accounts in respect of the arrears, the Registrar may, after making such inquiries as he deems fit, grant a certificate for the recovery of the amount stated therein to be due as arrears.[Explanation. - In this sub-section "medium term finance" means advancing of loans for any purpose of production, relating to agriculture, fishery, animal husbandry and industry such loans being re-payable otherwise then in the manner specified in the definitions of the expressions "financing of crops" and "seasonal finance" in the Bombay Agricultural Debtors Relief Act, 1947 (Bombay XXVIII of 1947)] [Inserted by Gujarat 23 of 1982].[(1-A) If a society referred to in sub-section (1) fails to make an application under that sub-section, then, if such society is a member of any co- operative financing bank such co-operative financing bank may direct such society to take such action and if the society fails to take action in pursuance of such direction, the co-operative financing bank may itself make an application under sub-section (1) on behalf of the society.] [Inserted by Gujarat 23 of 1982](2)[Where the Registrar is satisfied that a society or the co-operative financing bank to which such society is affiliated has failed to make an application under sub-section (1) or, as the case may be, under sub-section (1-A)] [Substituted by Gujarat 23 of 1982] in respect of such arrears the Registrar may, of his own motion, after making such inquiries as he deems fit, grant a certificate for the recovery of the amount stated therein to be due as such 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, which shall be recoverable according to the provisions of the Land Revenue Code and of the Rules thereunder for the time being in force for the recovery of land revenue.(4)It shall be lawful for the Collector and the Registrar to take precautionary measures authorised by Sections 140 to 144 of the Land Revenue Code, until the arrears due to the society 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.
