(1) All sums due from a co-operative society or from an officer or member or past member of a society as such, to Government, including any costs awarded to Government under any provision of this Act may, on a certificate issued by the Registrar in this behalf, be recovered in the same manner as arrears of land revenue.
(2) Sums due from a society to Government and recoverable under sub-section (1) may be recovered, firstly, from the property of the society;
secondly, in the case of a society the liability of the members of which is limited, from the members, past members or the estates of deceased members, subject to the limit of their liability; and thirdly, in the case of other societies, from the members, past members, or the estates of the deceased members:
Provided that the liability of past members and the estates of deceased members shall in all cases be subject to the provisions of section 29.
1. Sub-section (1) substituted by H. P. Act No. 15 of 1972.
THE HIMACHAL PRADESH CO-OPERATIVE SOCIETIES ACT, 1968 48 1 [90-A. Recovery of crop loans.- (1) Notwithstanding anything contained in section 72 or section 73 or section 87, a co-operative society undertaking the financing of crops or seasonal agricultural finance, may apply to the Registrar for the recovery of arrears of any sum advanced by the society to any of its members on account of the financing of crops or seasonal agricultural finance and shall attach with such application a statement of accounts in respect of such arrears.
(2) On receiving an application under sub-section (1), the Registrar may, after making such enquiries as he deems fit and after affording the member concerned an opportunity of being heard, grant a certificate for recovery of the amount stated therein to be due as such arrears.
(3) Where the Registrar is satisfied that a co-operative society has failed to take action under sub-section (1) against any of its members, the Registrar on his own motion, may after making such enquiries as he deems fit and affording an opportunity of being heard to the member concerned, proceed to grant a certificate referred to in sub-section (2).
(4) A certificate granted by the Registrar under this section shall be final and conclusive proof of the arrears due therein and the same shall be recoverable according to the law for the time being in force for the recovery of the arrears of land revenue.
Explanation.- For the purpose of this section the expression:-
(a) “financing of crops” means advancing of loans for raising of crop during the ploughing season or later for ploughing, sowing, harrowing, weeding, harvesting, purchase of seeds or manure or for such other agricultural purposes as may be prescribed, such loans being repayable during season when the crops for which the loans were advanced are harvested;
(b) “seasonal agricultural finance” means advancing of loans for such agricultural purposes as may be prescribed, such loans being repayable on or before such date as may be prescribed in this behalf by the State Government and different dates may be prescribed for different loans.]
CHAPTER XII JURISDICTION, APPEAL AND REVIEW