Bare ActsThe Assam Co-operative Societies Act, 2007

Section 113

Amendment status not verified — confirm the current text below against the official source.

The Registrar or any person empowered by him in this behalf shall be deemed, when exercising any power under this Act for the recovery of any amount by attachment or sale without attachment of any property or when passing any orders on any application made to him for such recovery or to take any step-in aid of such recovery, to be a Civil Court for the purpose of Article 182 of the First Schedule to the Indian Limitation Act, 1908. 114 (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 and shall be paid to the certificate holder or his authorised 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 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. (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 certificate 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 whom the amount is due. (5) On receipt of a copy of the Cooperative Demand Certificate the person from whom 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. IX of 1908 Regula­ tion 1 of 1886 Bengal Act 111 o f 191t Bengal * Act 111 ’ of 1913. THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 4, 2012 423 REGISTRAR MAY ORDER A MEETING OF CREDITORS

Section 113 – The Assam Co-operative Societies Act, 2007 | DailyLaw.ai