Amendment status not verified — confirm the current text below against the official source.
(1) Where a mortgage executed in favour of a co-operative land development bank, whether before or after the commencement of this Act, is called in question on the ground that it was executed by the manager of a joint Hindu family for a purpose not binding on the members thereof whether major or minor, the burden of proof shall, notwithstanding anything contained in any other law for the time being in force, rest upon the party which calls such mortgage in question. (2) For the purpose of this section, the productive purposes within the meaning of clause (2) of the explanation to clause (k) of section 2 of this Act shall be deemed to be purposes binding on the members of a joint Hindu family, whether major or minor. 228 The West Bengal Co-Operative Societies Act, 1973. XXXVIII of 1973.] (Chapter MIL—Enforcement of obligations and sums due.— Sections 124, 125.) (2) Where a person summoned under sub-section (1) fails or refuses to produce any record or property of the society specified in the summons, any Presidency Magistrate or any Magistrate of the first class in whose jurisdiction the person concerned resides shall, on a complaint fron the Registrar or any person authorised by him in this behalf, issue a warrant for the production of such records and properties of the society to such Registrar or the person authorised by him: Provided that no such complaint shall be made by the person authoril by the Registrar under this sub-section without the previous sanction of the Registrar.