94. Execution of decisions, etc.—Every decision or order made under section 39 or section 40 or
section 83 or 1
[section 84 or] section 99 or section 101 shall, if not carried out,—
(a) on a certificate signed by the Central Registrar or any person authorised by him in writing in
this behalf, be deemed to be a decree of a civil court and shall be executed in the same manner as if it
were a decree of such court and such decree shall be executed by the Central Registrar or any person
authorised by him in writing in this behalf, by attachment and sale or sale without attachment of any
property of the person or a multi-State co-operative society against whom the decision or order has
been made; or
(b) where the decision or order provides for the recovery of money, be executed according to law
for the time being in force for the recovery of arrears of land revenue:
Provided that any application for the recovery of any sum shall be made in such manner—
(i) to the Collector and shall be accompanied by a certificate signed by the Central Registrar
or by any person authorised by him in writing in this behalf;
(ii) within twelve years from the date fixed in the decision or order and if no such date is
fixed, from the date of decision or order, as the case may be; or
(c) be executed by the Central Registrar or any person authorised by him in writing in this behalf,
by attachment and sale or sale without attachment of any property of the person or a multi-State
co-operative society against whom the decision or order has been made.
95. Execution of orders of liquidators.—Every order made by the liquidator under section 90 shall
be executed according to the law for the time being in force for the recovery of arrears of land revenue.
96. Attachment before award.—(1) Where the arbitrator is satisfied that a party to any reference
made to him under section 84 with intent to defeat or delay the execution of any decision that may be
passed thereon is about to—
(a) dispose of the whole or any part of the property; or
(b) remove the whole or any part of the property from its existing precincts,
the arbitrator may, unless adequate security is furnished, direct conditional attachment of the said property
or such part thereof as he deems necessary.
(2) The attachment under sub-section (1) shall be executed by a civil court having jurisdiction in the
same way as an attachment order passed by itself and shall have the same effect as such order.
97. Central Registrar or arbitrator or person authorised to be civil court for certain
purposes.—The Central Registrar or the arbitrator or any person authorised by him in writing in this
behalf shall be deemed, when exercising any powers under this Act for the recovery of any amount by the
attachment and sale or by sale without attachment of any property, or when passing any orders on any
application made to him for such recovery or for taking a step-in-aid of such recovery, to be a civil court
for the purposes of article 136 of the Schedule to the Limitation Act, 1963 (36 of 1963).
98. Recovery of sums due to Government.—(1) All sums due from a multi-State co-operative
society, or from an officer or member or past member of a multi-State co-operative society, to the Central
Government or a State Government, including any cost awarded to the Central Government or the State
1. Ins. by Act 11 of 2023, s. 33 (w.e.f. 3-8-2023).
47
Government, as the case may be, under any provision of this Act, may, on a certificate issued by the
Central Registrar in this behalf, be recovered in the same manner as arrears of land revenue as first charge
on the assets of such society or officer or member, as the case may be.
(2) Sums due from a multi-State co-operative society to the Central Government or a State
Government and recoverable under sub-section (1) may be recovered firstly from the property of the
society and secondly from the members, past members or the estates of deceased members, subject to the
limit of their liability:
Provided that the liability of past members and the estate of deceased members shall in all cases be
subject to the provisions of section 37.
1
[(3) The Central Registrar shall also have the power to recover the following dues by attaching bank
accounts of defaulting multi-State co-operative societies—
(a) the co-operative education fund referred to in clause (b) of sub-section (1) of section 63;
(b) the Co-operative Rehabilitation, Reconstruction and Development Fund established under
section 63A; and
(c) the expenses incurred by the Co-operative Election Authority for conduct of elections.]
2
[98A. Review of decision.— The Central Registrar may, on an application received from any party,
review his decision under clause (a) or clause (b) or clause (c) of sub-section (1) of section 94:
Provided that no application for review shall be entertained against the recovery certificate issued by
the Central Registrar or by any person authorised by him in writing in this behalf, unless the applicant
deposits with the concerned society, fifty per cent. of the amount of the recoverable dues:
Provided further that no application for review shall be entertained, if made after sixty days of the
date of receipt of the decision or order:
Provided also that the Central Registrar may entertain any such application made after such period, if
the applicant satisfies that he had sufficient cause for not making the application within such period.]