12[(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 1 These words were substituted for the words and figures “in revision under section 154 shall” by Mah. 16 of 2013, s. 63(b).
2 These words were inserted by Mah. 10 of 1988, s. 18(a).
3 These words were inserted by Mah. 18 of 1982, s. 11(b).
4 These words were inserted by Mah. 16 of 2013, s. 63(c).
5 The words “or by any Assistant Registrar to whom the said power have been delegated by the Registrar” were deleted by Mah. 33 of 1963, s. 22.
6 These words were inserted by Mah. 18 of 1982, s. 12.
7 These words and figures were inserted by Mah. 3 of 1974, s. 29(a)(i) and (ii).
8 This word was inserted by Mah. 18 of 1982, s. 13.
9 These words and figures were inserted by Mah. 3 of 1974, s. 29(a)(i) and (ii).
10 This word and figures were substituted by Mah. 3 of 1974, s. 29(b).
11 This marginal note was substituted by Mah. 16 of 2013, s. 64(c).
12 Sub-section (1) was substituted for the original by Mah. 27 of 1969, s. 17(a).
1961 : Mah. XXIV] The Maharashtra Co-operative Societies Act, 1960 85 1Bombay Agricultural Debtors Relief Act, 1947 (Bom. XXVII of 1947) 2[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 3[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 4[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,] 5[or 6[* * *]] 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 7[or any sum advanced by the District Central Co-operative Bank to its 8[* * * * *] 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 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 notified] and 10[on the society concerned furnishing a statement of accounts and any other documents as may be prescribed] in respect of the arrears, 11[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.]
12[13[Explanation I].— For the purposes of this sub-section, the expression “other agricultural purposes” includes dairy, pisciculture and poultry.]
14[* * *]
(2) Where the Registrar is satisfied that 15[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, 16[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 17[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.]
1 Short title of the Act has been amended as “the Maharashtra Agricultural Debtors Act” by Mah. 24 of 2012, s. 2 and 3, schedule, entry 26, with effect from the 1st May 1960.
2 This portion was deemed to have been inserted on 1st July 1971 by Mah. 44 of 1973, s. 3(a).
3 This portion was deemed to have been inserted on 1st July 1971 by Mah. 44 of 1973, s. 3(b).
4 This portion was inserted by Mah. 36 of 1975, s. 8.
5 This portion was inserted by Mah. 20 of 1986, s. 52(a).
6 The words “by a co-operative housing society, for the recovery of its dues or for the recovery of its maintenance and service charges, or” were deleted by Mah. 23 of 2019, s. 3.
7 These words were inserted by Mah. 16 of 2013, s. 64(a)(ii).
8 The word “individual” was deleted by Mah. 42 of 2023, s. 3.
9 This portion was inserted by Mah. 31 of 1999, s. 2.
10 These words were substituted for the words “on the society concerned furnishing a statement of accounts” by Mah. 16 of 2013, s. 64(a)(iii).
11 These words were substituted for the portion beginning with the words “the Registrar may, after making such inquiries as he deems fit” and ending with the words “due as arrears” by Mah. 20 of 2006, s. 2(a).
12 This Explanation was added by Mah. 20 of 1986, s. 52(b).
13 This Explanation was re-numbered as Explanation-I by Mah. 16 of 2013, s. 64(a)(iv).
14 Explanation-II was deleted by Mah. 23 of 2019, s.3.
15 This portion was substituted for the original by Mah. 27 of 1969, s. 17(b).
16 These words were substituted for the words “as he deems fit” by Mah. 20 of 2006, s. 2(b).
17 These words were substituted for the words “for the recovery of land revenue” by Mah. 16 of 2013, s. 64(b).
86 The Maharashtra Co-operative Societies Act, 1960 [1961 : Mah. XXIV
(4) It shall be lawful for the Collector and the Registrar to take precautionary measures authorised by sections 140 to 144 of the 1Bombay Land Revenue Code, 1879 (Bom. V of 1879) or any law or provision corresponding thereto for the time being in force, until the arrears due to 2[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.
CHAPTER X LIQUIDATION