The Maharashtra Cooperative Societies Act 1960
Chapter: IX – SETTLEMENT OP DISPUTES
Section 91 to 101
Section 91 - Disputes

(1) Notwithstanding  1 These words were substituted for the words "anything containing" by Mah. 33 of 1963. s. 20(a).  [anything contained] in any other law for the time being in force, any dispute touching the constitution,  2 “These words were substituted for the words " elections of the office bearers" by Mah. 20 of 1986. s. 48 (a) [elections of the committee or its officers other than elections of committees of the specified societies including its officer], conduct of general meetings, management or business of a society shall be referred by any of the parties to the dispute, or by a federal society to which the society is affiliated or by a creditor of the society,  3 These words were substituted for the words " to the Registrar" by Mah. 18 of 1982. s. 3(a).  [to the co-operative Court) if both the parties thereto are one or other of the following:–

  1. (a) a society, its committee, any past committee, any past or present officer, any past or present agent, any past or present servant or nominee, heir or legal representative of any deceased officer, deceased agent or deceased servant of the society, or the Liquidator of the society 4 These words were inserted by Mah. 10 of 1988. s. 17(a)(i).
       [or the official Assignee of a de-registered society].
  1. (b) a member, past member of a person claiming through a member, past member of a deceased member of society, or a society which is a member of the society  5 These words were added by Mah. 27 of 1969, s. 16(a)(i).  [or a person who claims to be a member of the society;]
  1. 6 Clauses (c) and (d) were substituted for the original, by Mah. 27 of 1969, s. 16 (a)(ii).  [(c) a person other than a member of the society, with whom the society, has any transactions in respect of which any restrictions or regulations have been imposed, made or prescribed under sections 43, 44 or 45, and any person claiming through such person;
  1. (d) a surety of a member, past member or deceased member, or surety of a person other than a member with whom the society has any transactions in respect of which restrictions have been prescribed under section 45, whether such surety or person is or is not a member of the society;)
  1. (e) any other society, or the Liquidator of such a society  7 These words were inserted by Mah. 10 of 1988, s. 17(a)(ii).  [or-de-registered society or the official Assignee of such a de-registered society].
8 The provison was added by Mah. 2 of 1986, s. 48(b). [Provided that, an industrial dispute as denned in clause (k) of section 2 of the Industrial Disputes Act, 1947, or rejection of nomination paper at the election to a committee of any society other than a notified society under section 73-1C or a society specified by or under section 73-G, or refusal of admission to membership by a society to any person qualified therefor  9 This portion was inserted by Mah. 10 of 1988, s. 17(a)(iii). [or any proceeding for the recovery of the amount as arrear of land revenue on a certificate granted by the Registrar under sub-section (1) or (2) of section 101 or sub-section (1) of section 137 or the recovery proceeding of the Registrar or any officer sub ordinate to hi m or an officer of society notified by the State Government, who is empowered by the Registrar under sub-section (J) of section 156,]  10 These words figures and letter were inserted by bMah. 34 of 2001, (w.e.f. 7-9-2001) s. 8. [or any orders, decisions, awards and actions of the Registrar against which an appeal under section 152 or 152A and revision under section 154 of the Act have been provided.] shall not be deemed to be a dispute for the purposes of this section.]
11 Sub-section (2) was deleted by Mah. 27 of 1969, s. 16(b).  [* * * * * * * * *]

(3) Save as other wise provided under  12 These words, brackets and figures were substituted for the words, brackets and figures "sub-section (3) of section 93" by Mah. 20 of 1988. s. 48(c). [sub-section (2) to section 93 ], no Court shall have jurisdiction to entertain any suit or other proceedings in respect of any dispute referred to in sub-section (1).

Explanation 1.–A dispute between the Liquidator of a society  13 These words were inserted by mah. 10 of 1988, s. 17(b)  [or an official Assignee of a de-registered society] and  14 These words and brackets were substituted for the words "the members" by Mah. 33 of 1933, s. 20 (b).  [the members (including past members, or nominees, heirs or legal representative or deceased members)] of the same society shall not be referred  15 “These words were substituted for the words "to the Registrar". by Mah. 18 of 1982 s. 3(b) [to the co-operative Court] under the provisions of sub-section (1).

Explanation 2.–For the purposes of this sub-section, a dispute shall include–

  1. (i) a claim by or against a society for any debt or demand due to it from a member or due from it to a member, past member or the nominee, heir or legal representative of a deceased member, or servant for employee whether such a debt or demand be admitted or not;
  1. (ii) a claim by a surety for any sum or demand due to him from the principal borrower in respect of a loan by a society and recovered from the surety owing to the default of the principal borrower, whether such a sum or demand be admitted or not;
  1. (iii) a claim by a society for any loss caused to it by a member, past member or deceased member, by any officer, past officer or deceased officer, by any agent, past agent or deceased agent, or by any servant, past servant, past servant or deceased servant, or by its committee, past or present, whether such loss be admitted or not;
  1. (iv) a refusal or failure by a member, past member or a nominee, heir or legal representative of a deceased member, to deliver possession to a society of land or any other asset resumed by it for breach of condition as the assignment.
Footnote:

1. These words were substituted for the words “anything containing” by Mah. 33 of 1963. s. 20(a).

2. These words were substituted for the words ” elections of the office bearers” by Mah. 20 of 1986. s. 48 (a)

3. These words were substituted for the words ” to the Registrar” by Mah. 18 of 1982. s. 3(a).

Provided that every third year the accounts of such societies shall be audited by the Registrar or by a person authorised by him in this behalf

4. These words were inserted by Mah. 10 of 1988. s. 17(a)(i).

5. These words were added by Mah. 27 of 1969, s. 16(a)(i).

6. Clauses (c) and (d) were substituted for the original, by Mah. 27 of 1969, s. 16 (a)(ii).

7. These words were inserted by Mah. 10 of 1988, s. 17(a)(ii).

8. The provison was added by Mah. 2 of 1986, s. 48(b).

9. This portion was inserted by Mah. 10 of 1988, s. 17(a)(iii).

10. These words figures and letter were inserted by bMah. 34 of 2001, (w.e.f. 7-9-2001) s. 8.

11. Sub-section (2) was deleted by Mah. 27 of 1969, s. 16(b).

12. These words, brackets and figures were substituted for the words, brackets and figures “sub-section (3) of section 93” by Mah. 20 of 1988. s. 48(c).

13. These words were inserted by mah. 10 of 1988, s. 17(b)

14. These words and brackets were substituted for the words “the members” by Mah. 33 of 1933, s. 20 (b).

15. These words were substituted for the words “to the Registrar”. by Mah. 18 of 1982 s. 3(b).
1 Section 91 -A was inserted by Mah. 3 of 1974, s. 22. Section 91A - Constitution of Co-operative Courts
(1) The State Government may, by notification in the Official Gazette, constitute one or more Co-operative Courts for the adjudication of dispute  2 These words were substituted for the words “referred to the Registrar,” by Mah. 18 of 1982 s. 4(a).  [referred to them] under section 91 or section 105 or other provisions of this Act.
(2) A Co-operative Court shall consist of one member appointed by the State Government possessing such qualifications as may be prescribed.
(3) A Co-operative Court shall have jurisdiction over the whole State or any part thereof as may be specified in the notification under sub-section (1).
(4) All disputes and other proceedings pending immediately before the commencement of the Maharashtra Co-operative Societies (Third Amendment) Act, 1973,  3 This was inserted by Mah. 64 of 1975, s. 2.[before the Registrar or any person to whom the powers of the Registrar under this Act or the rules made thereunder have been delegated or] before any nominee or board of nominees appointed by the Registrar, shall be transferred by him, by general or special order, to any Co-operative Court specified by him in that behalf and shall be heard and disposed of by that Court as if they had been originally filed before it. That Court may proceed to hear and dispose of such proceedings from the stage reached before such transfer or may commence the hearing denovo].
4 Sub-section (5) was added by Mah. 18 of 1982, s. 4(b).(5) All disputes and other proceedings pending, immediately before the commencement of the Maharashtra Co-operative Societies, (Amendment and Validation) Act, 1982, before the Registrar or any person to whom the powers of the Registrar under this Act or the rules made thereunder have been delegated shall be transferred by him, by general or special order, to any Co-operative Court specified by him and shall be heard and disposed of by that Court as if they had been originally filed before it. That Court may proceed to hear and dispose of such proceeding from the stage reached before such transfer or may commence the hearing denovo
Footnote:

1. Section 91 -A was inserted by Mah. 3 of 1974, s. 22.

2. These words were substituted for the words “referred to the Registrar,” by Mah. 18 of 1982 s. 4(a).

3. This was inserted by Mah. 64 of 1975, s. 2.

4. Sub-section (5) was added by Mah. 18 of 1982, s. 4(b).
Section 92 - Limitation

(1) Notwithstanding anything in  1 These words and figures were sub stituted for the works and figures "the Indian Limitation Act, 1908 " by Mah. 20 of 1986, s. 49(c).  [the Limitation Act, 1963], but subject to the specific provisions made in this Act, the period of limitation in the case of a dispute referred to  2 These words and figures were sub stituted for the words "the Registrar" by Mah. 18 of 1982, s. 5(a).  [the Co-operative Court] under the last preceding section shall–

  1. (a) when the dispute relates to the recovery of any sum, including interest thereon, due to a society by a member thereof be computed form the date on which such member dies or ceases to be a member of the society;
  1. (b) when the dispute is between a society or its committee, and any past committee, any past or present officer, or past or present agent, or past or present servant or the nominee, heir or legal representative of a deceased officer, deceased agent or deceased servant of the society, or a member, or past member, or the nominee, heir or legal representative of a deceased member and when the dispute relates to any act or omission on the part of either party to the dispute, be six years from the date on which the act or omission with reference to which the dispute arose, took place;
  1. (c) when the dispute is in respect of any matter touching the constitution, management or business of a society which has been ordered to be wound up under section 102, or in respect of which a nominated committee or an administrator has been appointed under  3 These words, figure and letter were sub stituted for the word and figures “Section 78 ” by Mah. 20 of 1986, s. 49(a).  [section 77A or 78], be six years from the date of the order issued under section 102, or  3 These words, figure and letter were sub stituted for the word and figures “Section 78 ” by Mah. 20 of 1986, s. 49(a). [section 77A or 78] as the case may be;
  1. (d) when the dispute is in respect of an election of  4 These words were substituted for the words "an office bearer" by Mah. 20 of 1986, s.49(b).[a committee or officers] of the society, be  5 These words were sub stituted for the words "one month" by Mah. 18 of 1982, s. 5(b). [two months] from the date of the declaration of the result of the election.
(2) The period of limitation in the case of any other dispute except those mentioned in the foregoing sub-section which are required to be referred to  6 These words were sub stituted for the words "the Registrar" by Mah. 18 of 1982, s. 5(a).  [the Co-operative Court] under the last preceding section shall be regulated by the provisions of  7 These words and figures were sub stituted for the words and figures "the Indian Limitation Act, 1908 " by Mah. 20 of 1986, s. 49(c).  [the Limitation Act, 1963], as if the dispute were a suit and  2 These words and figures were sub stituted for the words "the Registrar" by Mah. 18 of 1982, s. 5(a).  [the Co-operative Court] a Civil Court.
(3) Notwithstanding anything contained in sub sections ( 1) and{ 2),  8 These words were sub stituted for the words "the Registrar" by Mah. 18 of 1982, s. 5(a). [the Co-operative Court] may admit a dispute after the expiry of the limitation period if the Applicant satisfied  2 These words and figures were sub stituted for the words "the Registrar" by Mah. 18 of 1982, s. 5(a). [the Co-operative Court] that he had sufficient cause for not referring the dispute within such period and the dispute so admitted shall be a dispute which shall not be barred on the ground that the period of limitation had expired.
Footnote:

1. These words and figures were sub stituted for the works and figures “the Indian Limitation Act, 1908 ” by Mah. 20 of 1986, s. 49(c).

2. These words and figures were sub stituted for the words “the Registrar” by Mah. 18 of 1982, s. 5(a).

3. These words, figure and letter were sub stituted for the word and figures “Section 78 ” by Mah. 20 of 1986, s. 49(a).

4. These words were substituted for the words “an office bearer” by Mah. 20 of 1986, s.49(b).

5. These words were sub stituted for the words “one month” by Mah. 18 of 1982, s. 5(b).

6. These words were sub stituted for the words “the Registrar” by Mah. 18 of 1982, s. 5(a).

7. These words and figures were sub stituted for the words and figures “the Indian Limitation Act, 1908 ” by Mah. 20 of 1986, s. 49(c).

8. These words were sub stituted for the words “the Registrar” by Mah. 18 of 1982, s. 5(a).
1 Section 93 was sub stituted by Mah. 18 of 1982, s. 6 Section 93 - Transfer of disputes from one Co-operative Court to another and suspension of proceedings in certain cases.
(1) Where any dispute is referred to any Co-operative Court, the President of the Cooperative Appellate Court may, at any time, for reason to be recorded in writing, withdraw such dispute from that Court and may refer it for decision to any other C ooperative Court as he deems fit.
(2) Notwithstanding anything contained in this Act, the Co-operative Court, on an application made to it by any of the parties to the dispute, may, if it thinks fit suspend any proceedings in respect of any dispute, if the question at issue between a society and a claimant or between different claimants, is one involving complicated questions of law and fact, until the question has been tried by a regular suit instituted by one of the parties or by the society. If any such suit is not instituted in a Civil Court within two months from the date of the order of the Co-operative Court, shall continue the proceedings and decide the dispute
Footnote:
1. Section 93 was sub stituted by Mah. 18 of 1982, s. 6
Section 94. Procedure for settlement of disputes and power of 1 The words"Registrar or" were deleted by Mah. 18 of 1982, s. 7(5). [* * *] 2 "These words were substituted for the words "the Registrar" by Mah. 18 of 1982, s. 7(1). [Co-operative Court]
(1) 2 Section 3A was inserted by Mah. 20 of 1986, s. 3.  [The Co-operative Court], hearing a dispute under the last preceding section shall hear the dispute in the manner prescribed, and shall have power to summon and enforce attendance of witnesses including the parties interested or any of them and to compel them to give evidence on oath, affirmation or affidavit, and to compel the production of documents by the same means and as far as possible in the same manner, as is provided in the case of a Civil Court by the code of Civil procedure, 1908.
3 Sub-section [1A] was insertedby Mah. 20 of 1986, s. 50. [(1A) Save as otherwise provided in this Act, every dispute in relation to any election shall be heard and decided by the Co-operative Court as expeditiously as possible and endeavour shall be made to conclude the hearing and decision within six months from the date on which the dispute is filed before it.]
(2) Except with the permission of  4 These words were substituted for the words "the Registrar or the Co-operative Court as the case maybe" by Mah. 18 of 1982, s. 7(2).  [the Co-operative Court] no party shall be represented at the hearing of a dispute by a legal practitioner.

(3) (a) If  5 These words were substituted for the words "the Registrar or the Co-operative Court", by Mah. 18 of 1982, s. 7(3)(a)(i). [the Co-operative Court] is satisfied that a person whether he be a member of the society or not has acquired any interest in the property of a person who is a party to a dispute  6 These words were substituted forthe words "he may order", 18 of 1982 s. 7(3)(a)(ii). [it may order], that the person who has acquired the interest in the property may join as a party to the dispute; and any decision that maybe passed on the reference by  5 “These words were substituted for the words "the Registrar or the Co-operative Court", by Mah. 18 of 1982, s. 7(3)(a)(i).  [the Co-operative Court]shall be binding on the party so joined, in the same manner as if he were an original party to the dispute.

  1. (b)Where a dispute has been instituted in the name of the wrong person, or where all the defendants have not been included,  5 Section 3A was inserted by Mah. 20 of 1986, s. 3.  [the Co-operative Court] may, at any stage of the hearing of the dispute, if satisfied that the mistake was bonafide order any other person to be substituted or added as a plaintiff or a defendant, upon such terms as  7 These words were substituted for the words "he thinks just", by Mah. 18 of 1982, s. 7(3)(b)(ii).  [it thinks just.]
  1. (c)  8 These words were substituted for the words "the Registrar, or the Co-operative Court may," by Mah.18of 1982, s. 7(3)(c)(i).  [The Co-operative Court may,] at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to  9 “These words were substituted for the words "the Registrar, or the Co-operative Court, as the case maybe", by Mah. 18 of 1982, s. 7(3)(c)(ii).  [the Co-operative Court], to be just,order that the name of any party improperly joined whether as plain tiff or defendant, be struck out, and the name of any person who ought to have been joined whether as plaintiff or defendant or whose presence before  9 These words were substituted for the words "the Registrar, or the Co-operative Court, as the case maybe", by Mah. 18 of 1982, s. 7(3)(c)(ii).  [the Co-operative Court], may be necessary in order  10 These words were substituted for the words "to enable the Registrar, or the Cooperative Court",by Mah. 18 of 1982, s. 7(3)(c)(iii).  [to enable the Co-operative Court] effectually and completely to adjudicate upon and settle all the questions involved in the dispute, be added.
  1. (d) Any person who is a party to the dispute and entitled to more than one relief in respect of the same cause of action may claim all or any of such reliefs; but if he omits to claim for all such reliefs he shall not forward a claim for any relief so omitted,except with the leave of  11 These words were substituted for the words "the Registrar, or the Co-operative Court" by Mah. 18 of 1982, s. 7(3)(d).  [the Co-operative Court].
12 Sub-section (3A)was inserted,by Mah. 18 of 1982, s. 7(4).(3A) In any case in which a dispute is decided by the Co-operative Court ex-parte against any person, he may apply to the Court, within thirty days from the date of the decision, to set it aside. If he satisfies the Court that there was sufficient cause for his failure to appear when the dispute was called and heard, the Court shall make an order setting aside the decision as against him,upon such terms as to costs, payment into Court or otherwise, as it thinks fit, and appoint a day for hearing and deciding the dispute so far as it relates to him.
13 Sub-section (4) was added by Mah. 3 of 1974, s. 24(b). (4) Save as otherwise directed by the State Government in any case or class of cases, every dispute shall be decided in such summary manner as may be prescribed and as expeditiously as possible.
Footnote:

1. The words”Registrar or” were deleted by Mah. 18 of 1982, s. 7(5).

2. These words were substituted for the words “the Registrar” by Mah. 18 of 1982, s. 7(1).

3. Sub-section [1A] was insertedby Mah. 20 of 1986, s. 50.

4. These words were substituted for the words “the Registrar or the Co-operative Court as the case maybe” by Mah. 18 of 1982, s. 7(2).

5. These words were substituted for the words “the Registrar or the Co-operative Court”, by Mah. 18 of 1982, s. 7(3)(a)(i).

6. These words were substituted forthe words “he may order”, 18 of 1982 s. 7(3)(a)(ii).

7. These words were substituted for the words “he thinks just”, by Mah. 18 of 1982, s. 7(3)(b)(ii).

8. These words were substituted for the words “the Registrar, or the Co-operative Court may,” by Mah.18of 1982, s. 7(3)(c)(i).

9. These words were substituted for the words “the Registrar, or the Co-operative Court, as the case maybe”, by Mah. 18 of 1982, s. 7(3)(c)(ii).

10. These words were substituted for the words “to enable the Registrar, or the Cooperative Court”,by Mah. 18 of 1982, s. 7(3)(c)(iii).

11. These words were substituted for the words “the Registrar, or the Co-operative Court” by Mah. 18 of 1982, s. 7(3)(d).

12. Sub-section (3A)was inserted,by Mah. 18 of 1982, s. 7(4).

13. Sub-section (4) was added by Mah. 3 of 1974, s. 24(b).
1 Section 95 - Attachment before award or orders and interlocutory orders Section 95 - Attachment before award or orders and interlocutory orders

(1) Where a dispute has been referred to the Co-operative Court under section 93 or 105 or whether the Registrar or the person authorised under section 88 (hereinafter in this section referred to as “the authorised person”) hears a person against whom charges are framed under that section and the Co-operative Court or the Registrar or the authorised person, as the case may be, is satisfied on inquiry or other wise that a party to such dispute or the person against whom proceedings are pending under section 88, with intent, to defeat, delay or obstruct the execution of any award or the carrying out of any order that may be made,–

(a) is about to dispose of the whole or any part of his property, or

(b) is about to remove the whole or any part of hi s property from its or his jurisdiction.
the Court or the Registrar or the authorised person, as the case may be, may, unless adequate security is furnished, direct conditional attachment of the said property, and such attachment shall have the same effect as if made by a competent Civil Court.
(2) Where attachment of property is directed under sub -section (1), the Co-operative Court or the Registrar or the authorised person, as the case may be, shall issue a notice calling upon the person whose property is so attached to furnish security as it or he thinks adequate within a specified period. If the person fails to provide the security so demanded, the authority issuing the notice may confirm the order and, after the decision in the dispute or the completion of the proceedings under section 88, may direct the disposal of the property so attached towards the claim if awarded.
(3) Attachment under this section shall not affect the rights subsisting prior to the attachment of the property, of persons not parties to the proceedings in connection with which the attachment is made, or bar any person holding a decree against the person whose property is attached from applying for the sale of the property under attachment in execution of such decree.
(4) The Co-operative Court, the Registrar or the authorised person, as the case may be, may in order to prevent the ends of justice being defeated make such interlocutory orders pending the decision in a dispute referred to in sub-section (1) as may appear to be just and convenient.
Footnote:
1. Section 95 – Attachment before award or orders and interlocutory orders
1 Section 96 was substituted by Mah. 20 of 1986, s. 51. Section 96 - Decision of Co-operative Court
When a dispute is referred to artibration, the Co-operative Court may, after giving a reasonable opportunity to the parties to the dispute to be heard, made an award on the dispute, on the expenses incurred by the parties to the dispute in connection with the proceedings, and fees and expenses payable to the Co-operative Court. In case of money claim preferred by society against a member, the amount of award representing the interest shall not be less than the amount of interest accrued there on in accordance with the contractual rate of interest, but where such money claim relates to any loan referred to in section 44A, the provisions of that section shall apply to such money claim as they apply to loan under section 44A.
Footnote:
1. Section 96 was substituted by Mah. 20 of 1986, s. 51.
Section 97 - 1 This marginal note was sub stituted by Mah. 3 of 1974, s. 10(c). [Appeal against decision under section 96 and Order under section 95]
Any party aggrieved by any decision of  2 These words were sub stituted for the words "the Registrar or the Co-operative Court" by Mah. 18 of 1982, s. 10(a).  [the Co-operative Court] under the last preceeding section, or order passed  3 These words were inserted by Mah. 3 of 1974, s. 10(b). [by the Co-operative Court or the Registrar or the authorised person] under section 95 may, within two months from the date of the decision or order, appeal to  4 These words were substituted for the words "the tribunal" by Mah. 3 of 1974, s. 27(b)  [the Co-operative Appellate Court.]
Footnote:
1. This marginal note was sub stituted by Mah. 3 of 1974, s. 10(c).
2. These words were sub stituted for the words “the Registrar or the Co-operative Court” by Mah. 18 of 1982, s. 10(a).

3. These words were inserted by Mah. 3 of 1974, s. 10(b).

4. These words were substituted for the words “the tribunal” by Mah. 3 of 1974, s. 27(b).
Section 98 - Money how recovered

Every order passed  1 This portion was inserted by Mah. 10 of 1988, s. 18(a).  [by the Official Assignee of a de-registered society under sub-section (3) of section 21A or every order passed] by the Registrar or a person authorised by him under section 88 or by the Registrar  2 These words were sub stituted for the words “or hi s nominee, or board of nominees” by Mah. 10 of 1988, s. 26 (a) and 28.  [or the Co-operative Court under section 95  3 These words were inserted by Mah. 18 of 1982, s. 11(a). [or by the Co-operative Court under section 96 ], every order passed] in appeal under the last preceeding section every order passed by a Liquidator under section 105, every order passed by the State Government in appeal against orders passed under section 105 and every order passed in revision under section 154 shall, if not carried out,–

  1. (a) On a certificate signed by  4 These words were inserted by Mah. 10 of 1988, s. 18(b).  [the Official Assignee or] the Registrar  5 These words were inserted, by Mah. 10 of 1988, s. 11(b). [or the Cooperative Court] or a Liquidator, be deemed to be a decree of a Civil Court, and shall be executed in the same manner as a decree of such Court, or
  1. (b) be executed according to the law and under the rules for the time being in force for the recovery of arrears of land revenue:
Provided that, any application for the recovery in such manner of any such sum shall be made by the Collector, and shall be accompanied by a certificate signed by the Registrar.  6 The words "or by any Assistant Registrar to whom the said powers have been delegated by the Registrar were deleted by Mah. 33 of 1963, s. 22.  [* * * * *] Such application shall be made within twelve years from the date fixed in the order and if no such date is fixed, from the date of the order.
Footnote:
1. This portion was inserted by Mah. 10 of 1988, s. 18(a).
2. These words were sub stituted for the words “or hi s nominee, or board of nominees” by Mah. 10 of 1988, s. 26 (a) and 28.
3. These words were inserted by Mah. 18 of 1982, s. 11(a).
4. These words were inserted by Mah. 10 of 1988, s. 18(b).
5. These words were inserted, by Mah. 10 of 1988, s. 11(b).
6. The words “or by any Assistant Registrar to whom the said powers have been delegated by the Registrar were deleted by Mah. 33 of 1963, s. 22.
Section 99 - Private transfer of Property made after issue of certificate void against society
Any private transfer or delivery of, or encumbrance or charge on, property made or created after the issue of the certificate of the Registrar,  1 These words were inserted by Mah. 18 of 1982, s. 12.  [Co-operative Court], Liquidator or Assistant/Registrar, as the case may be, under section 98 shall be null and void as against the society on whose application the said certificate was issued.
Footnote:
1. These words were inserted by Mah. 18 of 1982, s. 12.
Section 100 - Transfer of property which cannot be sold
(1) When in any execution of an ord er sought to be executed under section 98,  1 “These words and figures were inserted by Mah. 3 of 1974, s. 29(a)(i) and (ii). [or the recovery of any amount under section 101 or section 137], any property cannot be sold for want of buyers, if such property is in occupancy of the defaulter, or of some person in his behalf, or of some person claiming under a title created by the defaulter subsequently to the issue of the certificate of the Registrar,  2 This words was inserted by Mah. 18 of 1982, s. 13.  [Court], Liquidator or the Assistant Registrar, under clause (a) or (b) of section 98,  3 This words and figures were sub stituted by Mah. 3 of 1974, s. 29(b). [or under section 101 or 137], the Court or the Collector or the Registrar, as the case may be, may, notwithstanding anything contained in any law for the time being in force, direct that the said property or any portion thereof shall be transferred to the society which has applied for the execution of the said order, in the manner prescribed.
(2) Where property is transferred to the society under the foregoing sub-section or where property is sold under section 98  3 This words and figures were sub stituted by Mah. 3 of 1974, s. 29(b).  [101 or 137], the Court, the Collector, or the Registrar, as the case may be, may, in accordance with the rules, place the society or the purchaser, as the case may be, in possession of the property transferred or sold.
(3) Subject to such rules as may be made in this behalf, and to any rights encumbrances, charges or equities lawfully subsisting in favour of any person, such property or portion thereof shall be held under sub-section (1) by the said society on such terms and conditions as may be agreed upon between the Court, the Collector or the Registrar, as the case may be, and the said society. Subject to the general or special orders of the State Government, the Collector or the Registrar may delegate to an officer, not below the rank of an Assistant or the Deputy Registrar under this section.
Footnote:
1. These words and figures were inserted by Mah. 3 of 1974, s. 29(a)(i) and (ii).
2. This words was inserted by Mah. 18 of 1982, s. 13.
3. This words and figures were sub stituted by Mah. 3 of 1974, s. 29(b).
Section 101 - 1 This marginal note was substituted. Mah. 27 of 1969, s. 17(d). [Recovery of arrears due to certain societies as arrears of land revenue

2 Sub-section (1) was substituted for the original by Mah. 27 of 1969, s. 17(a).  [(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 This portion was deemed to have been inserted on 1st July 1971 by Mah. 44 of 1973, s. (3)(a).  [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 This portion was deemed to have been inserted on 1st July 1971, by Mah. 44 of 1973, s. 3(b). [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 society or 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 This portion was inserted by Mah. 36 of 1975, s.8  [or by a Taluka or Block level village artisans multipurpose society advancing loans and arranging for cash credit facilities for artisans for the recovery of arrears of its dues,]  6 This portion was inserted by Mah. 20 of 1986, s. 52(a).  [or by a co-operative housing society for the recovery of arrears of its dues, or 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, 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,]  7 This portion was substituted by Mah. 31 of 1990, s. 2.  [or by any such society or 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 not notified;] and on the society concerned furnishing a statement of accounts in respect of the arrears, the Registrar may, after making such inquiries as he deems fit, grant a certificate for the recovery of the amount stated therein to be due as arrears.]

8 This Explanation was added, by Mah. 20 of 1986, s. 52(b).  [Explanation.– For the purposes of this sub-section, the expression “other agricultural purposes” includes dairy, pisciculture and poultry.]
(2) Where the Registrar is satisfied that  9 This portion was substituted for the original by Mah. 27 of 1969, s. 17(b).  [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 motion, after making such inquiries as he deems fit, 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 for the recovery of land revenue.
(4) It shall be lawful for the Collector and the Registrar to take precautionary measures authorised by sections 140 to 144 of the  10 See now the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966). Bombay Land Revenue Code, 1879 or any law or provision corresponding thereto for the time being in force, until the arrears due to  11 These words were substituted for the words "the resource society", by 27 of 1969, s. 17(c).  [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.
Footnote:
1. This marginal note was substituted. Mah. 27 of 1969, s. 17(d).
2. Sub-section (1) was substituted for the original by Mah. 27 of 1969, s. 17(a).
3. This portion was deemed to have been inserted on 1st July 1971 by Mah. 44 of 1973, s. (3)(a).
4. This portion was deemed to have been inserted on 1st July 1971, by Mah. 44 of 1973, s. 3(b).
5. This portion was inserted by Mah. 36 of 1975, s.8.
6. This portion was inserted by Mah. 20 of 1986, s. 52(a).
7. This portion was substituted by Mah. 31 of 1990, s. 2.
8. This Explanation was added, by Mah. 20 of 1986, s. 52(b).
9. This portion was substituted for the original by Mah. 27 of 1969, s. 17(b).
10. See now the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).
11. These words were substituted for the words “the resource society”, by 27 of 1969, s. 17(c).
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