Recovery of Dues Under Section 101
Recovery of Dues Under Section 101
Recovery of Dues Under Section 101
101
Outstanding more than 90 days is termed as Default of Payment.
Section 101 of The Maharashtra Co-operative Societies Act, 1960
101. Recovery of arrears due to certain societies as arrears of land revenue.
(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 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 crop-protection 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, 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. 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 if
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, 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 the inquiry in such manner as may be
prescribed, grant a certificate for the recovery of the amount stated therein to be due as
arrears. The application for grant of such certificate shall be made in such form and by
following such procedure, accompanied by such fees and documents as may be prescribed.
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 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 may be prescribed 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.
___________________________________________________________________________
______
The member (non-applicant occupant) had been and is irregular in making payment of the
society. The society repeatedly orally requested the member (non applicant) to make payment
of the societys charges. The society also sent notice to the non-applicant member in writing,
to make payment of the societys charges defaulted by him. However the opponent failed to
make payment of society's charges. So one more notice should be sent to the non-applicant
(member) demanding payment of the amount due from him and if the member fails to make
payment of the charges according to the notice, an applications should be made to the Deputy
Registrar / Assistant Registrar, CS. _________ for issue of Recovery Certificate u/s 101 of
the Maharashtra Co-operative Societies Act, 1960. While making an application for issue of
recovery certificate for the recovery of the amount along with interest charges at the rate of
_____ percent as provided under bye-law No. _______ and all expenses towards recovery as
per application, be recovered from the opponent (member). The total amount due for
recovery should be treated as arrears of land revenue and recover by attachment / sale of the
movable and immovable property of the member and should be requested to pass appropriate
orders for the execution of the recovery certificate through the Special Recovery Office /
Officer of the Co-operative Department.
The Chairman / Hon.Secretary Shri. ______________________________________ of the
society are / is hereby authorised to do everything in regard to the application to be made in
this behalf. Further, by this resolution, they are authorised to remain present during the course
of enquiry of this application, to take part in proceedings, to make arrangement to appoint
Advocate etc.
Proposed by _______________________________
Seconded by _______________________________
Resolution passed unanimously / by majority.
Yours faithfully,
___________________________________________________________________________
______
6. The proportion of the charges of the society under the various heads detailed
in clause 5 was decided in the meeting of the general body / managing committee, held
on ______________
A certified copy of the resolution of the said meeting is enclosed.
7. The amount of charges, as on the date of this application and as per records of
the society is Rs. ______________ . The item wise details are as given below.
___________________________________________________________________________
______
Sr.No. Item Amount Due
___________________________________________________________________________
______
___________________________________________________________________________
______
The non applicant (opponent) has been and is irregular in making payment of the charges of
the society. The society repeatedly orally requested the opponent to make payment of the
societys charges. The society also sent notices to the opponent in writing to make payment
of the societys charges defaulted by him. However, opponent did not respond and failed to
make payment of the societys charges, which have now accumulated to
Rs.__________________ as mentioned in clause 7 of this application.
8. This matter was discussed in the meeting of the managing committee held on
____________ and it was decided that a notice should be sent once again to the
opponent demanding payment of the amount due and authorised the Chairman / Hon.
Secretary of the society to make an application for issue of recovery certificate under
Section 101 of the Maharashtra Co-operative Societies Act, 1960, to the Deputy /
Assistant Registrar, C.S. ______________ on failure of the opponent to honor the
notice.
9. In pursuance of the above decision of the managing Committee, a notice Dtd.
__________ was sent to the opponent by registered post (A.D.) demanding the amount
due to the society from the opponent but the opponent failed to avail of the opportunity
given to him to make payment of the amount due by him to the society. The society
therefore had no alternative than to make the application for issue of a recovery
certificate under Sec.101 of the Maharashtra Co-operative Societies Act, 1960 against
the Opponent.
10. The applicant society prays that the necessary certificate be issued u/s 101 of
the Maharashtra Co-operative Societies Act, 1960 against the opponent for recovery of
Rs. _______________.
(a) The recovery certificate should contain an order for recovery of interest from the opponent
member at the rate provided under the bye-laws, on the above mentioned amount, till the
recovery of the amount.
(b) It should be ordered that the amount spent by the society for this application should be
recovered from the opponent.
(c) It should be ordered that the amount due for recovery from the opponent member should be
recovered as Arrears of Land Revenue under Maharashtra Land Revenue code 1966.
(d) The recovery certificate issued for the recovery of the above mentioned amount from the
Opponent should be executed through the Special Recovery officer of the Co-operative
Department, by attachment and sale of movable and / or immovable property of the opponent.
The applicant solemnly declares that the information given in this application is true and
correct as per records of the society. The applicant further solemnly declares that the society
shall furnish such further information as is necessary in support of the claim made in this
application.
16 comments:
1.
One of the member in our society was defaulter from 2001. From Jan 2011 he start
paying the only monthly maintenance amount means for Jan 2011 maintenance bill.in
which account society will deduct from principle amount or from interest. Now if society
file a case against this member society is liable for only last 5 years means from Jun
2011. Now my first question is if the society deduct is paid amount from interest then
now society will get last 5 years principle amount + last 5 years interest on principle
amount?
If that defaulter member paid monthly maintenance principle amount from past 5 years
then society will get nothing?
Reply
Replies
1.
Nitin RaneJuly 9, 2016 at 11:33 AM
Outstanding more than 90 days is termed as Default of Payment.
Society should act at the earliest. (2001) 15 years is too much.
But if society not distributed monthly bill from last 5 yrs and now directly
giving 5yrs bill with ledger. In that ledger showing 1st date of each
month they distributed bill but not received any bill to member. when
member asking pls provide bill office copy of each month they are
saying we will not provide any bill. first pay all maintainance with intrest.
Current bill checque also not accepting.
3.
Hi Nitin,
My society has some selected members who run the the co-operative
society and they select chairman and secretory among themselves
without letting the election officer know the election process. And no
election has happened under the co-operative society's registrars
acknowledgement of the Election inspectors observance and till now
whatever money they collected in the society funds should stand illegal.
They increased the maintenance fees and though I objected for that one
member who is not actually on a body said majority wins and there were
only 7 members out of 35 homes. So as a result I asked them the tally
for so many years as they said society is in debt of 4 lacs and we have
to recover that money from members maintenance now. They did not
give any answers so I stopped paying maintenance as I found it illegal
to pay the money.
I did an appeal after that to registrar office also got RTI answers for the
accounts not submitted to the registrar accounts departments for many
years and the elections were done without inspector presence. So after
that they issued the notice on society's letter head and I had also sent a
notice from my advocate and to which I also emailed to the appointed
manger's email address but there was no response.
Can Society recover penalties imposed arbitrary on member (not the maintenance, tax
or regular service charges) under sec 101
Reply
3.
Dear Sir,
What if defaulter member refused to accept Notice issued to him under section 101,
he also refuse to accept register letter send to him by Post. Can we post our letter
under Book post ? but in that case we will not get any acknowledgement from him, will
this notice send through normal post would be treated as valid Notice ? Kindly guide
Reply
4.
5.
Hello SIr,
Can you suggest me how to calculate penalty on outstanding amount with rate of
18%? As per by lows only. plz explain with one example.
Reply
Replies
1.
Nitin RaneOctober 25, 2016 at 7:42 PM
Please refer following example. Tried to explain it. Please give me your
e-mail address, I will send excel sheet. If you provide me your details,
excel can be prepared accordingly. NOTE - 1) Interest on Interest not
chargeable. 2) First IN, First OUT.
Month-1
a) Outstanding Maintenance = 0,
b) Outstanding Interest = 0,
c) Interest for the Month = 0,
d) Maintenance for the Month = 5000,
e) Total Maintenance = 5000,
f) Total Interest = 0,
g) Total Payable = 5000,
h) Received from Member = 0,
i) Interest Received = 0,
j) Maintenance Received = 0,
k) Maintenance Outstanding = 5000,
l) Interest Outstanding = 0
Month-2
a) Outstanding Maintenance = 5000, , [k above]
b) Outstanding Interest = 0, [l above]
c) Interest for the Month = 75, [a*18%/12]
d) Maintenance for the Month = 5000,
e) Total Maintenance = 10000, [a+d]
f) Total Interest = 75, [b+c]
g) Total Payable = 10075, [e+f]
h) Received from Member = 0,
i) Interest Received = 0,
j) Maintenance Received = 0,
k) Maintenance Outstanding = 10000, [e-j]
l) Interest Outstanding = 75 [f-i]
Month-3
a) Outstanding Maintenance = 10000, [k above]
b) Outstanding Interest = 75, [l above]
c) Interest for the Month = 150, [a*18%/12]
d) Maintenance for the Month = 5000,
e) Total Maintenance = 15000, [a+d]
f) Total Interest = 225, [b+c]
g) Total Payable = 15225, [e+f]
h) Received from Member = 0,
i) Interest Received = 0,
j) Maintenance Received = 0,
k) Maintenance Outstanding = 15000, [e-j]
l) Interest Outstanding = 225 [f-i]
Month-4
a) Outstanding Maintenance = 15000, [k above]
b) Outstanding Interest = 225, [l above]
c) Interest for the Month = 225, [a*18%/12]
d) Maintenance for the Month = 5000,
e) Total Maintenance = 20000, [a+d]
f) Total Interest = 450, [b+c]
g) Total Payable = 20450, [e+f]
h) Received from Member = 0,
i) Interest Received = 0,
j) Maintenance Received = 0,
k) Maintenance Outstanding = 20000, [e-j]
l) Interest Outstanding = 450 [f-i]
Month-5
a) Outstanding Maintenance = 20000, [k above]
b) Outstanding Interest = 450, [l above]
c) Interest for the Month = 300, [a*18%/12]
d) Maintenance for the Month = 5000,
e) Total Maintenance = 25000, [a+d]
f) Total Interest = 750, [b+c]
g) Total Payable = 25750, [e+f]
h) Received from Member = 10675,
i) Interest Received = 675,
j) Maintenance Received = 10000,
k) Maintenance Outstanding = 15000, [e-j]
l) Interest Outstanding = 75 [f-i]
Month-6
a) Outstanding Maintenance = 15000, [k above]
b) Outstanding Interest = 75, [l above]
c) Interest for the Month = 225, [a*18%/12]
d) Maintenance for the Month = 5000,
e) Total Maintenance = 20000, [a+d]
f) Total Interest = 300, [b+c]
g) Total Payable = 20300, [e+f]
h) Received from Member = 0,
i) Interest Received = 0,
j) Maintenance Received = 0,
k) Maintenance Outstanding = 20000, [e-j]
l) Interest Outstanding = 300 [f-i]
2.
Nitinji
Please send me this interest calculation excel sheet.
sunil.salvi007@gmail.com
Reply
6.
Dear Sir,
We have four defaulters in our society which is more than ~4 Lakhs Rs.
Can we cut their common water supply and install one water line? So that they can
take water as that is essential service. Is it illegal?
Reply
8.
Dear sir
Is any disputed penalty amount recoverable under 101
Reply
9.
Dear Sir,
The society had issued me recovery notice u/s 101 for legal charges levied by society
for deemed conveyance amounting to Rs. 5000+3000=8000 (First it was only 5000
later they included 3000 more) as i am aware that our property is situated in ND zone
and even the 7/12 extracts is also not separate then its not possible to go for deemed
conveyance hence i am not paying the legal charges as i am seeking their assurance
in this regard.
now they are serving me this notice stating i am in default of maintainance charges.
My query is wheather they are authorised to issue notice on Legal charges arrears u/s
101 because i am regularly paying my maintainance charges by excluding the legal
charges.
Reply
10.
Hi sir ,
I purchased the flat on resale in august 2013 , at that time the society was not formed
and I was issued noc by builder , the noc only says we have no objection to sale
subject to dues paid by seller and does not mention any dues outstanding . Later
when society was formed I was informed that dues are outstanding for a period when I
was not the owner . I informed the society of the same and gave them whereabouts of
the previous seller but no action was taken from the society . Now society has put me
under defaulters list and asking me to pay dues and interest . Does the society have
any right to do so ? What recourse do I have with the society
Reply
11.
Hi Sir,
One member purchase room in underdevelopment society in 1999. That time he
purchase a one room from society in that he has given only 75% amount to society,
they told to society he given 25% amount after share certificate time. Society agree
and society given his share certificate, but till date he not given this amount to society.
after 2015 society also redevelop and that time builder given some amount to society
for distribution to members. Society not distributed this till completion of project. after
competition of product society distributed these amount to all the members equally
instead of this members. Society deducted pending amount from this amount. My
question is society doing is correctly or society has give full amount to him. Because
this amount receive as a corpus fund from the builder? Please give your suggestion on
it.
Reply
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