(2) The Administrator shall by order specify the courts by which offences under this Regulation shall be tried ir the Laccadive and Minicoy Islands and in the Amindivi Islands.
(2) No prosecution shall be instituted under this Regulation without the previous sanction of the Registrar, and such sanction shall not be given without giving the party concerned an opportunity of being heard.
Address of societies.
CHAPTER XIII MISCELLANEOUS
48. Every registered society shall have an address, registered in accordance with the rules, to which all notices and communications may be sent, and shall send to the Registrar notice of every change thereof.
B»i of suit in certain easei.
49. Save in so far as is expressly provided in this Regulation, no civil court shall take cognizance of any matter connected with the winding up or dissolution of a registered society under thia 3*C. 1] THE GAZETTE OF INDIA EXTRAORDINARY <5<5i Regulation, and when a liquidator has been appointed, ro suit or other legal proceeding shall lie or be proceeded -with against the society except by leave of the Registrar s.nd subject to such terms as he may impose.
SO. (1) The Administrator or the Registrar may call for and examine the record of any enquiry or the proceedings of any officer subordinate to him for the purpose of satisfying himself as to the legality or propriety of any decision or order passed and as to the regularity of the proceedings of such officer.
(2) Tf in any case It appears to the Administrator or the Registrar that any decision or order or proceedings so called for should be modified, annulled, or reversed, the Administrator or the Registrar, as the case may be, may pass such order thereon as to him may seem fit:
Provided that no order prejudicial to any person shall be made under this section unless that person has been given a reasonable opportunity of being heard.
Power of Administrator and > Registrar tofl calf for proceedings and to pass orders thereon.
51. The Central Government may, by notification In the Official Gazette, In the case of any class of registered societies remit—
(a) the stamp duty with which, under any law for the time being in force, instruments executed by or on behalf of a registered society or by an officer or member and relating to the business of such society or any class of such instruments or decisions, awards or orders of the Registrar or arbitrators under this Regulation are respectively chargeable; and
(b) any foe payable under the law of registration for the time being in force.
Power to exempt from itarnp duty and registration fees.
52. Notwithstanding anything contained in this Regulation, the Administrator may, by special order in each case and subject to such conditions, if any, as he may imoose, exempt any society from any of the requirements of this Regulation as to registration.
Power to exempt societies from conditions aa to registration.
53. The Administrator may, by general or special order, exempt any class of registered societies from any of the provisions of this Regulation or may direct that such provisions shall apply to such class of societies with such modifications as may be specified in the order.
Power to exempt registered societies from provisions of Regulation.
i of i956» 54. The provisions of thp Companies Act. 1956 shall not apply to registered societiea.
Companle* Act, 193* not to ipply, 662 THE GAZETTE OF INDIA EXTRAORDINARY [PART II Act* of Meicttet, eta, not to be invalidated by certain defoctt.
55. No act of a registered society or any committee or of any officer of the society, shall be deemed to be invalid by reason only of some defect in the organisation of the society or in the formation of the general body or in the appointment or election of the officer or on the ground that he was disqualified for his office.
Power to nuke rulei. 56. (I) The Administrator may, by notification in the Official Gazette and subject to the condition of previous publication, make rules to carry out all or any of the purposes of this Regulation.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may—
(a) regulate the manner In which a registered society may change its liability from limited to unlimited or from unlimited to limited and the restrictions that may be imposed on such change;
(b) subject to the provisions of section 6, prescribe the maximum number of shares or portion of the capital of a society which may be held by a member;
(c) prescribe the forms to be used and the conditions to be complied with in the making of applications for the registration of a society and the procedure in the matter of such applications;
(d) provide for the matters in respect of which a society may or shall make by-laws and for the procedure to be followed in making, altering and abrogating by-laws, and the conditions to be satisfied prior to such making, alteration or abrogation;
(e) prescribe the conditions to be complied with by persons applying for admission or admitted as members, and provide for the election and admission of members, and the payment to be made and the interests to be acquired before the exercise of the right of membership;
(f) prescribe the conditions subject to which a member of a registered society may transfer his share or Interest in the capital of that society;
(g) regulate the manner in which funds may be raised by means of shares or debentures or otherwise;
(h) provide for general meetings of the members and the procedure at such meetings and i-he powers to be eyercised at such meetings;
({) prescribe in the case of a financing bank—
(a) the proportion of individual members to society members In the constitution of Its general body or of !ti committee; and
(b) the maximum number of members of iti committee;
Bat. 1] THE GAZETTE OP INDIA EXTRAORDINARY 663
(j) provide for the appointment, suspension and removal of the members of the committee and other officers and for the procedure at meetings of the committee and the powers to be exercised and the duties to be performed by the committee and other officers;
(k) prohibit a registered society from appointing a defaulting member of any registered society to its committee or to the committee of any other society and allowing him to exercise his rights of membership in the society or to represent it in another society and vote;
(Z) prescribe the accounts and books to be kept by a registered society, the audit of such accounts, the charges, if any, to be' made for such audit, and +he periodical publication of a balance sheet showing the assets and liabilities of such society;
(m) prescribe the returns to be submitted by a registered society to the Registrar and the persons by whom pnd the form in which such returns shall be submitted and in case of failure to submit any such return, the levy of the expenses of preparing i t . .-• 'TW«)|
(n) provide for the persons by whom, and the form in which, copies of entries in books of registered societies may be certified and the charges to be levied for the supply of such copies;
(0) provide for the formation and maintenance of a register of members and, where the liability of the members is limited by shares, of a register of shares;
(p) prescribe the extent and the conditions subject to which a registered society may receive deposits and loans;
(q) regulate the manner in which a registered society may invest or deposit Its funds;
(r) provide for— ({) the appointment of an arbitrator or arbitrators to decide disputes;
(tt) the procedure to be followed in proceedings before the Registrar, arbitrator or arbitrators or other person deciding disputes including the appointment of a guardian for a party to the dispute who is a minor or who, by reason of unsoundness of mind or mental infirmity, is incapable of protecting his interests; and ({{{) the levy of the expenses incidental to such proceedings;
664 'TRS GAZETTE OF INDIA EXTRAORDINARY [PART II
(s) provide for the withdrawal and expulsion of members and the payments, if any, to be made to members who withdraw or are expelled and the liabilities of past members or the estates of deceased members;
(t) prescribe the prohibitions and restrictions subject to which registered societies may trade with persons who are not members;
(u) provide for the mode in which the value of a1 deceased member's interest shall be ascertained, and the nomination of a person to whom such interest may be paid or transferred;
(v) prescribe the payments to be made and the conditions to be complied with by members applying for loans, the period for which loans may be made and the amount which may be lent to an individual member;
(w) provide for the formation and maintenance of reserve funds, and the objects to which such funds may be applied, and the investment of any funds under the control of a registered society;
(x) prescribe the conditions under which profits may be distributed to the members of a registered society with unlimited liability and the maximum rate of dividend which may be paid by registered societies;
(y) prescribe the procedure to be followed by a liquidator appointed under section 36, and the disposal of the surplus assets, if any, of the society;
(z) prescribe the period for which, and the terms under which, aid may be given by the Central Government to registered societies;
(aa) provide for the custody of property attached under this Regulation;
(bb) provide for the issue and service of processes and proof of service thereof;
(cc) provide for the inspection of documents in the Registrar's office and the levy of fees for granting certified copies of the same;
(dd) provide for the investigation of claims and objections that may be preferred against any attachment effected by the Registrar or an officer empowered by him;
(ee) prescribe the manner In which orders and decisions referred to in section 40 may be executed and enforced;
&»C. 1] THE GAZETTE OP INDIA EXTRAORDINARY 665
(if) provide for the mode of making attachments under section 41;
(gg) provide for the manner of recovery of sums due from a registered society or from an officer, former officer, member, or past or deceased member of a registered society as such to the Government; and
(hh) all matters expressly required or allowed by this Regulation to be prescribed by rules.
57. If immediately before the commencement of this Regulation there is in force in the whole or any part of the Islands any law corresponding to this Regulation, that law shall on such commencement stand repealed.
Repeal.
RAJENDRA PRASAD, President.
R. C. S. SARKAR, Secy.
CORRIGENDA 1, In the Gazette of India Extraordinary, Part II, Section 1, dated the 31st December, 1956, on Page 1420, in the Indian Medical Council Act, 1956 (102 of 1956), in sub-section (2) of Section 19, in the second line, for the words "shall forward it along with such remarks as it may choose to", read "may send it to the State Government of the State in which the".
2. In the Gazette of India Extraordinary, Part II, Section 1, dated the 14th September, 1960, on page 486, line 4, in clause (a) to
Explanation to section 6(i) after the word "shall" insert the word "not". ' PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, I960.