Under Maharashtra Cooperative Societies Act, 1960, Section 101 amended by 154(B)-29, regarding the action to be taken by Cooperative Housing Societies to obtain a “Recovery Certificate” against members for recovery of the Society’s dues.

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The Maharashtra Cooperative Societies Act, 1960, under Section 101 amended by 154(B)-29, has made provisions for recovery of dues from members of certain institutions as arrears of land revenue. However, earlier there was no provision regarding the recovery of dues of Cooperative Housing Societies. The Federation brought this matter to the notice of the Government and explained the necessity of including such a provision. After continuous follow-up, the amendment was made and Cooperative Housing Societies were also included in the said section along with other institutions.

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The important feature of this amendment is that societies can obtain a “Recovery Certificate” and recover the dues payable by members through a “Recovery Officer” at a lower cost and in a shorter period. Due to this amendment, Cooperative Housing Societies are no longer required to approach the Cooperative Court for recovery of outstanding dues.

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After the amendment to Section 101 amended by 154(B)-29, the Honorable Commissioner and Registrar of Cooperative Societies prescribed procedures to be followed by the concerned authority for issuing/obtaining Recovery Certificates and also prescribed formats to be used by societies. Certain modifications in these formats were found necessary; therefore, the Federation brought the matter to the notice of the Honorable Commissioner and Registrar of Cooperative Societies, Maharashtra State, Pune. Accordingly, revised formats were prepared and submitted for approval.

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After several discussions, the Honorable Commissioner approved the applications and other formats, which are attached herewith. In this regard, Circular No. Recovery/B-1/Authority/Housing/87 dated 02-02-2018 issued by the Commissioner and Registrar of Cooperative Societies, Maharashtra State, Pune, is also attached for information. Additionally, the Federation has prepared sample notices to be issued by the society to members, which are also enclosed.

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The details of the attached formats are as follows:

1. Application for obtaining a Recovery Certificate

2. Resolution to be passed by the Managing Committee

3. Notice to be issued to the member

4. Final notice to be issued to the member

5. Submission of original challan after depositing inquiry fees in the Government Treasury

6. Recovery Certificate

For recovery of such dues, the Cooperative Housing Society must apply to the Ward Deputy Registrar / Assistant Registrar for obtaining a Recovery Certificate.

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Copies of the application and other documents should be maintained as follows:

1. One copy for the Deputy Registrar / Assistant Registrar

2. Copies for all non-applicants (including members, joint members, nominal members, and associate members). Separate applications and documents should be submitted for each person.

3. Copy of the Managing Committee Resolution

4. Member’s account statement

5. Copies of notices issued to the member regarding payment of dues

6. Copy of the resolution passed in the General Body Meeting / Managing Committee meeting regarding the share of charges payable by each member

7. Copy of the relevant by-laws providing for recovery of member charges (share) and interest recovery

Certified true copies of all documents should be attached. A remark stating that the documents are true copies should be made and signed by the Chairman / Hon. Secretary.

All the above forms are available at the Federation office. In case any clarification is required regarding the above matter, kindly contact the office.

Mr. Sitaram Rane
Chairman