Section 9 — Recovery of penalty accruing under bye-law
Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026
A section-specific study and advisory page for recovery of penalty accruing under bye-law, linking the statutory issue to its trigger, evidence, subordinate law and practical consequence.
Finin2min 2-minute summary
Statutory subject: Recovery of penalty accruing under bye-law.
Who should read it: the society, subscriber/member, governing body, Registrar or litigating representative identified by the provision under the applicable State/UT regime.
When it matters: the facts may constitute the specific default described as recovery of penalty accruing under bye-law.
Legal effect: exposure depends on proving the elements of the default and applying the penalty provision together with the statutory adjudication/quantum process.
Statutory position — paraphrase, not bare text
This page is a provision-specific paraphrase, not a substitute for the enacted wording. The official source controls where a subsection, proviso, explanation, amount, period or amendment footnote matters.
For section 9, the working question is not merely “what is the heading?” It is whether the proven facts actually engage recovery of penalty accruing under bye-law, who has the statutory role, and what consequence follows once connected provisions are read together.
Provision-specific decode
| Decision point | Section 9 analysis |
|---|---|
| Actor / authority | the society, subscriber/member, governing body, Registrar or litigating representative identified by the provision under the applicable State/UT regime. |
| Trigger | the facts may constitute the specific default described as recovery of penalty accruing under bye-law. |
| Legal consequence | exposure depends on proving the elements of the default and applying the penalty provision together with the statutory adjudication/quantum process. |
| Evidence file | underlying duty, due date/event, notice, response, records proving breach or compliance, adjudication order and payment/appeal record. |
| Review focus | Do not infer liability from the section heading alone; prove the underlying duty and default. |
How section 9 works in practice
The workflow above is tied to this provision’s subject. Where the official text uses a prescribed period, amount, form, eligibility condition or exception, apply that exact current requirement rather than an assumed internal benchmark.
Linked Rules, Regulations, notifications, circulars and operating law
Practical example
Exam / advisory case study
Highlighted points and common mistakes
- Do not infer liability from the section heading alone; prove the underlying duty and default.
- Penalty amounts/slabs can differ by provision and amendment date—use the current statutory text for quantum.
- Keep the effective date of the Act provision and of each linked subordinate instrument in the working paper.
- Where facts span more than one regulatory period, analyse each period under the law then in force rather than applying today’s text retrospectively without a legal basis.
Related Act provisions
- Previous statutory provision: Section 8 — Enforcement of judgment against society
- Next statutory provision: Section 10 — Members liable to be sued as strangers; recovery by successful defendant of costs adjudged
Q&A
When does section 9 become relevant?
The facts may constitute the specific default described as recovery of penalty accruing under bye-law.
What evidence should be kept for section 9?
Underlying duty, due date/event, notice, response, records proving breach or compliance, adjudication order and payment/appeal record.
What is the main advisory risk under section 9?
Do not infer liability from the section heading alone; prove the underlying duty and default.