Bare ActsThe Gujarat Cooperative societies Act-1961

Section 100

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

(1) Where a dispute has been referred to the Registrar or his nominee or board of nominees under section 98 or under section 110, or where the Registrar or the person authorized under section 93 hears a person against whom charges are framed under that section , the Registrar or his nominee or board of nominees, or as the case may be, the person so authorized under section 93 is satisfied on enquiry or otherwise that a party to such dispute or against whom proceedings are pending Attachment before award. [1962: Guj. X Gujarat Co-operative Societies Act, 1961 under section 93 with intent to defeat, delay or obstruct the execution of any award or the carrying out of any order that may be made,– (a) is about to dispose of whole or any part of his property, or (b) is about to remove the whole or any part of his property form the jurisdiction of the Registrar, may, unless adequate security is furnished, direct conditional attachment of the said property and such attachment shall have the same effect as if made by a competent Civil Court. (2) Where a direction to attach property is issued under sub-section (1) the Registrar, his nominee or board of nominees or the person authorized, under section 93 shall issue a notice calling upon the person whose property is so attached to furnish such security within such period as may be specified in the notice; and if the person fails to provide the security so demanded, the Registrar of his nominee or board of nominees or, as the case may be, the person authorized under section 93 may confirm the order and, after the decision in the dispute or the completion of the proceedings referred to in sub-section (1) may direct the disposal of the property so attached towards the claim if awarded. (3) Attachment made under this section shall not affect the rights subsidiary prior to the attachment of the property, of persons not parties to the proceedings in connection with which the attachment is made, or bar any person holding a decree prior to such attachment against the person whose property is so attached from applying for the sale of the property under attachment in execution of such degree.

Section 100 – The Gujarat Cooperative societies Act-1961 | DailyLaw.ai