Saturday, October 9, 2010

Recovery of surcharge

Part 3
Recovery of surcharge
On the receipt of the Recovery Certificate, the Special Recovery Office will issue the first demand notice to the defaulting member mentioning therein the amount which is to be recovered and recommended by the deputy/Assistant Registrar of the concerned wards and the amount of surcharges. The scale of surcharge is fixed by the Commissioner for Cooperative & Registrar Co-operative Housing Society. M.S. Pune vide his Marathi Circular No. Vasuli/B-1/surcharge/of 85 dated 6-11-1985.

    The scale of Surcharge is as under                                        9% of the recovery
                                                                                                      Certificate amount

1.  From the date of issue of first demand notice                                     1.75%

2.  After attachment of the movable/immovable property                           5%

3.  After sale of the attached movable/immovable property                        6%

The amount of surcharge so collected will be credited to the Government Treasury by the Special Recovery Officer under the proper head of account.

NOTE :

The details of the forms referred to above are as follows:

(1)    Form of Notice to be issued to the member i.e. First Notice.

(2)   Draft resolutions to be passed by the Managing Committee.

(3)    Form of Final Notice.

(4)   Form of application for issue of Recovery Certificate.

(5)   Application for issue of Final Recovery Certificate.

(6)    Recovery Certificate.

v      Period of Limitation
The Period of limitation prescribed by section 92(1)(a) applies only to matters referred to the Co-operative Court under s. 91 and not to any other matters Therefore s.92(1)(a) will not apply to the application for issuing recovery certificate to the Registrar under section 101 in respect of moneys payable by a member to the society. Versova Gurudutt Co-operative Housing Society Ltd. v. Divisional Joint Registrar, 2004(1) All M.R.1.

v      Personal Hearing
A circular issued by the Registrar or Commissioner directing than an application under section 101 of the Act should be disposed of within two months is not contrary rules 77E and 77F and does not amount to dispensing with personal hearing. (Krishna Enterprise v. Deputy Registrar of Co-operative Society Ltd., 2002(3) All M.R.89).

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