Bare ActsThe MADHYA PRADESH CO-OPERATIVE SOCIETIES ACT, 1960

Section 85

Execution of orders, etc

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

Execution of orders, etc.- Every order or award passed or decision given by the Registrar under any provision of this Act, every order passed by the Appellate or Revisional Authorities and every order made, decision given by the Liquidator, if not carried out- (a) on a certificate signed by the Registrar or any person authorized by him in this behalf be deemed to be decree of a Civil Court and shall be executed in the same manner as a decree of such Court; or (b) be executed according to the law and under the rules for the time being in force for the recovery of arrears of land revenue; or (c) be executed by the Registrar or any other person empowered by the Registrar in this behalf, by the attachment and transfer in the manner as may be prescribed or sale or sale without attachment of any property of the person or a society against whom the order, decision or award has been obtained or passed: Provided that any application for the recovery under clause (b) shall be made- (i) to the Collector and shall be accompanied by a certificate signed by the Registrar or by any person authorized in this behalf; and (ii) within five years from the date fixed in the order, decision or award and if no such date is fixed, from the date of order, decision or award, as the case may be. 85-A. Manner of executing order to deliver possession of immovable property.- Where against any person an order to deliver possession of immovable property has been passed under this Act, such order shall be executed in the following manner, namely:- (a) by serving a notice on the person or persons in possession requiring him/them within such time as may appear reasonable after the receipt of the said notice, to vacate the same; and 73 (b) if such notice is not obeyed, by removing or deputing a subordinate to remove any person who may refuse to vacate the same; and (c) if the officer removing any such person is resisted or obstructed by any person, appoint any of the officers specified in section 3, who shall hold a summary inquiry into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause, and that such resistance or obstruction still continues may, without prejudice to any proceeding to which such person may be liable under any law for the time being in force for the punishment of such resistance or obstruction, take or cause, to be taken such steps and use or cause to be used, such force as may, in the opinion of such officer, be reasonably necessary for securing compliance with the order.

Section 85 – The MADHYA PRADESH CO-OPERATIVE SOCIETIES ACT, 1960 | DailyLaw.ai