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State of Assam - Section

Section 114 in Assam Co-Operative Societies Act, 2007

114. Recovery of Sums Duo.

(1)All dues recoverable under this Act or Rules framed thereunder shall be reduced to the form of a Cooperative Demand Certificate, as in Schedule C over the signature of the Registrar or of such Gazetted Officers as may have powers delegated to them by the Registrar in this behalf and shall be recovered as an arrear of land revenue under Assam Land and Revenue Regulation, 1886 (Regulation I of 1886) and shall be paid to the certificate holder or his authorized nominee. Such certificate shall be in the name of the claimant and shall be delivered to him.
(2)Notwithstanding anything contained in sub-section (1), all the said dues shall also be recoverable as public demand in accordance with the procedure laid down in the Bengal. Public Demands Recovery Act, 1913 (Bengal Act III of 1913) on a"-written requisition sent to the certificate officer in the prescribed form over the signature of the Registrar or of such Gazetted Officer or officer of a cooperative society as may have powers delegated to him by the Registrar in this behalf.Explanation. - "The Certificate Officer" means the officer so defined in and the Prescribed Form, means the form so prescribed under the Bengal Public Demands Recovery Act, 1913 (Bengal Act III of 1 913).
(3)For the purpose of this section a member of an affiliated society shall be deemed to be a member of the affiliating society and loans due to the affiliated society shall be deemed also to be loan due to affiliating society to the extent that loans from the affiliating society to the affiliated society are outstanding and cannot be recovered from the affiliated society provided that not more than one demand= Motto may be executed against a single loan.
(4)A copy of the Cooperative Demand Certificate prepared under this section shall be Served in the manner prescribed upon the person from the amount is due.
(5)On receipt of a copy of the Co-cooperative Cooperative Demand Certificate the person from the amount is due shall pay the same within a period-of thirty days from the date of service of the certificate :Provided that the period during which the payment is to be made may be extended by the Registrar for a period not exceeding thirty days for reasons to be recorded in writing.
(6)Any person violating the provisions of sub-section (5) above shall, on conviction be punished with imprisonment of either description which may extend to six months or with fine which may extend to one thousand rupees or with both.