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Monday 17 October 2022

Section 101 of MCS ACT 1960 : Recovery of certain sums and arrears due to certain societies as arrears of land revenue

Section 101.Recovery of certain sums and 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 4[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 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 5[or by a Taluka or Block level village artisans multi-purpose society advancing loans and arranging for cash credit facilities for artisans for the recovery of arrears of its dues,] 6[or 7***] by a co-operative dairy society advancing loans for the recovery of 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 8[or any sum advanced by the District Central Co-operative Bank to its individual members or by non- agricultural co-operative credit society for the recovery of the 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] 9[or by any such society, class of societies, as the State Government may, from time to time, notify in the Official Gazatte, 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 notified] and 1[on the society concerned furnishing a statement of accounts and any other documents as may be prescribed] in respect of the arrears, 2[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.]

3[4[Explanation I].—For the purposes of this sub-section, the expression “other agricultural purposes” includes dairy, pisciculture and poultry.]


(2)Where the Registrar is satisfied that 6[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 own motion, after making such inquiries, 7[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 8[as arrears of land revenue. A revision shall lie against such order or grant of certificate, in the manner laid down under section 154 and such certificate shall not be liable to be questioned in any Court.]

(4)It shall be lawful for the Collector and the Registrar to take precautionary measures authorised by sections 140 to 144 of the *Bombay Land Revenue Code, 1879 or any law or provision corresponding thereto for the time being in force, until the arrears due to 9[the concerned society], together with interest and any incidental charges incurred in the recovery of such arrears, are paid, or security for payment of such arrears is furnished to the satisfaction of the Registrar.