Section 38 of The Co-operative Societies Act, 1912
Any sum awarded by way of costs under section 37 may be recovered, on application to a Magistrate having jurisdiction in the place where the person from whom the money is claimable actually and voluntarily resides or carries on business, by the distress and sale of any moveable property within the limits of the jurisdiction of such Magistrate belonging to such person.
Summary
- This provision explains how to legally collect unpaid inquiry costs that were ordered under section 37.
- An application must be made to a Magistrate who has local jurisdiction in the place where the person owing the money lives or runs a business.
- The Magistrate recovers the money by seizing and selling the person's moveable property.
- The property seized and sold must be located within the local limits of that specific Magistrate's jurisdiction.
Practical examples
FAQ
1. Which Magistrate has the power to recover costs under Section 38 of The Co-operative Societies Act, 1912?
The application must be made to a Magistrate who has jurisdiction in the place where the person owing the money actually and voluntarily resides or carries on business.
Test yourself
Q1.Under Section 38 of The Co-operative Societies Act, 1912, what type of property can a Magistrate seize and sell to recover costs?
Q2.To which Magistrate must an application for recovery be made under Section 38 of The Co-operative Societies Act, 1912?
Q3.If the Registrar orders a former officer to pay costs under Section 37 of The Co-operative Societies Act, 1912, and the officer refuses, what role does the Registrar play in the actual physical recovery under Section 38?
Q4.According to Section 38 of The Co-operative Societies Act, 1912, can property located outside a Magistrate's jurisdiction be sold by that Magistrate to recover costs?