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Recovery Certificate Granted By Registrar Under MCS Act

Sec 154 B (1)
(11) "defaulter" means a Member or flat owner or occupier who fails to pay the dues of the society within three months from the date of service of bill or notice or due date of payment, whichever is later

(12) "dues" means the amount payable by a Member or flat owner to the society and demanded by the society by issuing bill or notice in writing and such demand is based on the provisions of this Act, rules and bye-laws of the society

  • Section 1: Notwithstanding anything contained in sections 91, 93, and 98, on an application made by a housing society for the recovery of its dues or for the recovery of its repairs and maintenance, construction cost, and service charges, and on the housing society concerned furnishing a statement of accounts and any other documents as may be prescribed, in respect of the arrears, the Registrar may, after making such inquiries as he deems fit, grant a certificate for the recovery of the amount stated therein, to be due as arrears. Explanation: For the purposes of this sub-section, the expression "repairs and maintenance and service charges" means such charges as are so specified in the by-laws of the concerned housing society.
  • Section 2: Where the Registrar is satisfied that the concerned society has failed to take action under the foregoing sub-section in respect of any amount due as arrears, the Registrar may, on his motion, after making such inquiries as he deems fit, grant a certificate for the recovery of the amount stated therein, to be due as arrears and such a certificate shall be deemed to have been issued as if on an application made by the society concerned.
  • Section 3: A certificate granted by the Registrar under sub-section (1) or (2) shall be final and a conclusive proof of the arrears stated to be due therein, and the same shall be recoverable according to the law for the time being in force, as arrears of land revenue. A revision shall lie against such order or grant of certificate, in the manner laid down under section 154 and such certificate shall not be liable to be questioned in any court.
  • Section 4: It shall be lawful for the Collector and the Registrar to take precautionary measures in accordance with the provisions of the Maharashtra Land Revenue Code, 1966 or any law or provisions corresponding thereto for the time being in force, until the arrears due to the concerned society, together with interest and any incidental charges incurred in the recovery of such arrears, are paid, or security for payment of such arrears is furnished to the satisfaction of the Registrar.

Procedure to be followed:
  • Article 38: The State shall endeavour to advance the welfare of the people by establishing and defending a social order in which justice—social, economic, and political—shall guide all the institutions of the national life. This includes protecting the rights of minorities by upholding various aspects of justice.
  • Article 39: The state is required to ensure equal justice and provide free legal aid, offering justifiable support for the rights of minorities.
  • Article 46: The State is called upon to promote the economic and educational advancement of the population's poorer segments. In line with this, the government has launched several programs, such as skill development initiatives, for the underprivileged, including minorities.
  • Article 49: The state is urged to protect monuments, places, and objects of national importance, reducing the risk of damage or loss to historical monuments associated with the nation's minorities.

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