Section 97 of The Multi-State Co-operative Societies Act, 2002
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).
Summary
- Section 97 legally treats certain officials as a civil court for specific enforcement actions under the Act.
- The officials covered are the Central Registrar, the arbitrator, or any person authorized in writing by them.
- This status applies when they are recovering money by attaching and selling property, or selling property without attachment.
- It also applies when they pass orders on recovery applications or take steps to assist in such recovery.
- They are deemed to be a civil court specifically for the purposes of Article 136 of the Limitation Act, 1963, which governs the time limit for executing court decrees.
Practical examples
FAQ
1. Who is deemed to be a civil court under Section 97 of The Multi-State Co-operative Societies Act, 2002?
Under Section 97 of The Multi-State Co-operative Societies Act, 2002, the Central Registrar, the arbitrator, or any person authorized by him in writing is deemed to be a civil court for certain recovery purposes.
2. For what specific actions are officials deemed to be a civil court under Section 97 of the MSCS Act, 2002?
Under Section 97 of the MSCS Act, 2002, they are deemed a civil court when recovering any amount by attaching and selling property, selling without attachment, or passing orders on recovery applications or taking steps-in-aid of recovery.
3. What is the significance of the reference to the Limitation Act, 1963 in Section 97 of the 2002 co-operative societies law?
Under Section 97 of the 2002 co-operative societies law, being deemed a civil court for the purposes of Article 136 of the Limitation Act, 1963 ensures that the standard twelve-year limitation period for executing court decrees applies to these recovery proceedings.
Test yourself
Q1.Under Section 97 of The Multi-State Co-operative Societies Act, 2002, which of the following is NOT deemed to be a civil court when recovering amounts by attaching and selling property?
Q2.Under Section 97 of the MSCS Act, 2002, these authorized authorities are deemed to be a civil court for the purposes of which article of the Schedule to the Limitation Act, 1963?
Q3.Under Section 97 of the 2002 co-operative societies law, in which of the following scenarios is an arbitrator deemed to be a civil court?
Q4.Under Section 97 of the Multi-State Co-operative Societies Act, 2002, what is the effect of deeming an arbitrator or Central Registrar as a civil court during recovery proceedings?