Co-operative society
Querist :
Anonymous
(Querist) 18 January 2012
This query is : Resolved
what is the penalty under section 101(1) of the Maharashtra co-op.societies act?
Guest
(Expert) 18 January 2012
every state has separate co-op act. come precise with your query
Raj Kumar Makkad
(Expert) 18 January 2012
You come with clear query as this is highly vague.
V R SHROFF
(Expert) 18 January 2012
NO PENALTY
Only pay dues OF MAINT OF CO-OP SOC with interest, and 101 recovery charges as ordered by Registrar.
ajay sethi
(Expert) 18 January 2012
section 101 is summary procedure for recovery of outstanding dues from defaulters in a cooperative society . it enables the society to recover its outstanding dues with interest
Raj Kumar Makkad
(Expert) 18 January 2012
Shroff and Sethi! Can I request you to produce the section 101 of Co-operative societies act after understanding the sense of querist?
prabhakar singh
(Expert) 19 January 2012
Of which state gentle man?????????????
V R SHROFF
(Expert) 19 January 2012
Raj Saab
We understand, the sense of querist, that he want to know the penalty under section 101 of the co-op.societies act? penalty. {if any}
He remained silent of "if any" as he is likely to be , for he [or his frd] did not pay mtn to soc]
Even if querist is senseless, Let us prove, we are having sense to reply, relevant to his query, and we belong to a noble profession.
If you observe, In last two months, as I scold, commented, fired, exposed, certain elements, asking imaginary "love affairs etc had stopped asking such query.
Now a days , Queries having sense, membership goes up by almost 150 a day, no of query raised are not for time pass, but real. not looking like repeating to keep a platform alive.
So if one person cannot ask a question correctly, but if we can guess, he mean to know *xyz* we must reply . it may help him, or he will come back for further clarification.
I understand, query is vague, but we cannot expect a layman to know provisions of 101 is only recovery, and not punishment-no penalty.
At least it will give ideas to other readers of LCI
ajay sethi
(Expert) 19 January 2012
mr makkad
when he used words section 101 we understood he meant provisions of Maharashtra cooperative societies act
DEFENSE ADVOCATE.-firmaction@g
(Expert) 19 January 2012
101. Maharashtra co op societies act
1
[Recovery of arrears due to certain societies as arrears of land revenue
2
[(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,
3
[or advancing loans
for other agricultural purposes repayable during a period of not less than eighteen months
and not more than five years] 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
4
[or for other
agricultural purposes as aforesaid] 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 cropprotection 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,
5
[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,]
6
[or by a co-operative housing society for the recovery of arrears of
its dues, 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 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,]
7
[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;] and on the society concerned 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.]
8
[Explanation.-- For the purposes of this sub-section, the expression "other agricultural
purposes" includes dairy, pisciculture and poultry.]
(2) Where the Registrar is satisfied that
9
[the concerned society has failed to take action
under the foregoing sub-section in respect of any amount due as arrears,] the Registrar
may, of his motion, after making such inquiries as he deems fit, 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 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
10
Bombay Land Revenue Code, 1879 or any law
or provision corresponding thereto for the time being in force, until the arrears due to
11
[the concerned 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.
