RECOVERY OF MAINTENANCE
What is the procedure for recovery of non-payment of dues by a member?
A CHS is never formed for making profits instead it collects and disburses the contributions from its members towards common facilities and services enjoyed by its members. It is the duty of every member to pay dues properly & on time for ensuring the smooth functioning of the society. Disputes with the society cannot be mixed or made a reason for non payment.
The procedure for recovery of dues is as under:
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If a member fails to pay the dues after issue of the notice for a period exceeding three months is termed as a defaulter as per the Maharashtra Co-operative Societies Act 1960 and as per Bye-laws of the society.
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Issue a notice for payment of dues (including up to 21% interest) to the defaulter, with a warning therein that on failure to make payment of the same, an application would be made to the Assistant Registrar/ Deputy Registrar under section 101 of MCS Act, 1960 for recovery of the outstanding dues.
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Pass the resolution to recover the dues in the Managing Committee Meeting.
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Issue a final notice to the defaulter
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Apply to the Assistant. Registrar/ Deputy Registrar for the recovery of dues.
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Pay the prescribed fee (Rs 15 to 1000 max) through a challan payable at the Reserve Bank of India.
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The Assistant Registrar/ Deputy Registrar would issue a Recovery Certificate for the amount due, after making a hearing and a summary inquiry on the basis of the affidavits filed by the disputant and the respondent.
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On receipt of the Recovery Certificate, the Recovery Officer shall prepare demand notice for being sent to the Sale-Officer for attaching the movable property of the member concerned.
What is the procedure for recovery of non-payment of dues by a member?
A CHS is never formed for making profits instead it collects and disburses the contributions from its members towards common facilities and services enjoyed by its members. It is the duty of every member to pay dues properly & on time for ensuring the smooth functioning of the society. Disputes with the society cannot be mixed or made a reason for non payment.
The procedure for recovery of dues is as under:
-
If a member fails to pay the dues after issue of the notice for a period exceeding three months is termed as a defaulter as per the Maharashtra Co-operative Societies Act 1960 and as per Bye-laws of the society.
-
Issue a notice for payment of dues (including up to 21% interest) to the defaulter, with a warning therein that on failure to make payment of the same, an application would be made to the Assistant Registrar/ Deputy Registrar under section 101 of MCS Act, 1960 for recovery of the outstanding dues.
-
Pass the resolution to recover the dues in the Managing Committee Meeting.
-
Issue a final notice to the defaulter
-
Apply to the Assistant. Registrar/ Deputy Registrar for the recovery of dues.
-
Pay the prescribed fee (Rs 15 to 1000 max) through a challan payable at the Reserve Bank of India.
-
The Assistant Registrar/ Deputy Registrar would issue a Recovery Certificate for the amount due, after making a hearing and a summary inquiry on the basis of the affidavits filed by the disputant and the respondent.
-
On receipt of the Recovery Certificate, the Recovery Officer shall prepare demand notice for being sent to the Sale-Officer for attaching the movable property of the member concerned.