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Section 19: Powers of a bank to proceed against defaulting members of a co-operative society.

The Maharashtra Provision of Facilities for Agricultural Credit by Banks Act, 1974.State Act of Maharashtra · Act 5 of 1975

(1) If a co-operative society is unable to pay its debts to a bank from which it has borrowed by reason of its members defaulting in the payment of the moneys due by them, the bank may direct the committee of such society to proceed against such members by taking all such action as is provided by the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961).

(2) If the Committee of the co-operative society fails to proceed against its defaulting members within a period of ninety days from the date of receipt of such direction from the bank, the bank itself may under intimation to the Registrar proceed against such defaulting members in which event, the provisions of the Maharashtra Co-operatives Societies Act, 1960 (Mah. XXIV of 1961) and the rules and the bye-laws made thereunder shall apply, as if all references to the society or its committee in the said provisions, rules and bye-laws were references to the bank.

(3) Where a bank has obtained a decree or award against a co-operative society indebted to it, the bank may proceed to recover such moneys firstly from the assets of the co-operative society and secondly from the members of the co-operative society to the extent of their debts due to the society.

Where this provision sits

ActThe Maharashtra Provision of Facilities for Agricultural Credit by Banks Act, 1974.
Section19
Marginal notePowers of a bank to proceed against defaulting members of a co-operative society.
JurisdictionState of Maharashtra
StatusIn force as published by the source

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