(1) The Registrar may after considering the report of the liquidator made to him under sub-section (3) of section 59 order the registration of the co-operative society to be cancelled.
(2) An order passed under sub-section (I) shall be communicated by registered post to the president of the society and to the credit agency, if any, of which the society was a member.
CHAPTER X EXECUTION OF AWARDS, DECREES, ORDERS AND DECISIONS
6B. Notwithstanding anything co~tained in Chapter VIII or any ot:her law for the time being in force but without prejudice to any other mode of recovery provided in this- Regulation, the Registrar or any person subordillntc tu him ernpowered .hy the Registrar i l ~ Uiis behalf may, on the application of a co-operative society, make an order directing t,he payment of arly debt. or outstanding demand due to Lhc society by any member 01- past or dcccased meniler, by sale of the property or any interesl; thcrcin, ~v l~ ich is subject to a chzrge under scctiol-I 31:
Providuci tl;;,! iir ovi:!i,!. r;l.l:~ll 1,c m:~.clc ulrder. t.llis scclic,~.~ \:~-rlcss tile llicilil~er, 1!:1cj ~ ~ < : i > i l i ~ 1 . or t.hc ~lun!j,i-~.ec, heir 01- lcpal 1-epr.e::~utntiv~ of t1.1~. dccc!~sc.r! I?-!cnll.:el-, 1i:ii; Ijccn scl.i~uc! wit11 a rioticc in thc prescribed SEC. I] THE GAZETTE O F INDIA BXTRAOBDTNARY 73 _____ --___A_. - L9 -- - manner and has failed to pay the debt or outstanding demand within fll seven days from the date of such notice.
63. Every decision, award or order made under section 54, section Execution 56, section 62 or section 68 shall, if 'not carried out,- of orders, etc.
( a ) on a certificate signed by the Registrar, or any per'son authorised by him in this- beha~l~f,. be deemed to be a decree of a civil court and shall be executed in the same manner as a decree of such court; or
(b) be executed, by the Registrar or any other person subordinate to him empowered by the Registrar in this behalf, by attachment and sale or: by satlle without attachment of any property of the person or co-operative society against whom the decision, award or order has been made.
64. Every order made by $he liquidator under section 59 shall be exe- hxecutlon cuted acco~:din'g to the law for the time being in f&ce for the recovery of of orders arrears of land revenue. of liquidator.
65. If the Registrar is satisfied on an applicabtion, r w r t or enquiry Attachthat any person ,with intent to delay or obstru'ct the enforcement of any rnent of order, decision ur awasd that may be made against him under the pro- :';,":lty visions of this Regulatiwl- award or ( a ) is about to dispose of the whole or any part of the property; order.
or
(b) is about to remove the whole or any part of the property frorn the jurisdiction of the Registrar, the arbitrator or the liquidator, as the case may be, h e may, unless adequate security is furnished, by order, direct attachment of the said property; and such attachment shall have the same effect as if made by a competent civil' court.
.. .
66. The Registrar or any persox empowered by in this behalf Registrar , , . shall be deemed, when exe+cising any powers under this Regulation for Or . , empower- the recovery of any amount by attachment and sale or by sale without ed,byhim : 1 1 attachment of any property, or when passing any orders on any appli- tobecivil i eat.i.om ma.& to. him, for such recovery or f ~ r taking 8 stepin;aid of such court for ;
i recovery, to be a; ciait court for bhe purposes- OF article 136 of the- First 36 of 1963. Schedule to the Limitation Act, 1963. purposes.
j
67. A1,l sums d u e frorn a co-operative ,society, ac from. an officer Recovery or. member or past member of a- co-operati-i-le- socidy as such,. to the Govdue to ernment, including any costs awarded to the Government undm any Governprovision of this Regulation, may, on a certificate issued by the Registrar ment, in this behalf, be recovered in %he same manner % s arrears of land revenue.
(23 S ~ ~ m s C~LIEI froni a co-operafive: society to the Governmclnt and recovcrnblc unt1c.r. ci111.-section (I) mzy i)c r.ccovcrec1, firstly, f~-0171 f.j:- property of the socjety; s ~ c ~ ~ i d l g r , in tlie case of a socic,ty the lj:ibi!i&\ n, tllc ~licrnbcrs 01 ~ v h i c h is lilnitod, f r o m t l ~ c members, past. members 01.
the estates of deceased m c ~ l ~ e r s , . subject to tl1c liliiit of their l i n l ~ i l i f ~ ;
74 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11- - -. . - . - ~ - .- ~ - - ~~ - ~._ .... _ .. .....-.- - and, thirdly in the case of other societies, from the members, past members or the estates of the deceased members:
Provided that the liability of past members and the estates of deceased members shall in all cases be subject to the prnvisinns nf secticn Appeals. 68. (1) An appeal shall lie under this section against-
(a) an order of the Registrar made under sub-sectioii (2) of section 8 refusing to register a co-operative society;
(b) an order of the Registrar made under sub-section (4) of section 10 refusing to register an amendment of the bye-laws of a co-operative society or under sub-section (6) (ii) of that section compulsorily registering an amendment to such bye-laws;
(c) a decision of a co-operative society, other than a prod-ucers' society, refusing to admit any person as a member of the society, who is otherwise duly qualified for membership under the bye-laws of the society;
(d) a decision of a co-operative society expelling any of its members;
( e ) an order made by the Registrar under section 27 removing the committee of a co-operative society;
( f ) an order made by the Registrar under section 52 apportioning the costs of an inquiry held under snction 50 or an inspection made under section 5'1;
(g) an order of surcharge made by the Registrar under section 54;
(h) a decision or award made under section 56;
(i) an order mede by the Registrar under section 57 directing the winding up of a eo-operative society;
(j) an order made by a liquidator of a co-operative society in exercise of the powers conferred on him by section 59;
(k) an order made under section 65.
(2) An appeal against any decision, award or order under sub-section
(1) shall be made within sixty days from the date of the decision, award or order,-
(a) if the decision, award or order T.vas made by the Registra.r, to the Chief Con~missioner; or
(b) if the dwisiol~. award or order was m3dc by 2;iy O ~ I I C I pt?r- ~011. lo the Registral.:
Provid~cl. tlln! .ivl-)c~c tllc R.~cistt .ar is ~ P P ? X C ( : l o l l a . ~ . ~ ~ ~~jr;l:;::!:: ?.i!~;j>;- tr2tinn of a S C ) C < ! ! ~ ~ I ! ! I~CV ~?lb-~cctjo:-! (/j) a f scctjo?? h axd a?.>pc;;-; is iutcili!cd to be filed against s11ch rdusa!, s11ch aplscnl niay l?e frll:d n'iI11i~~ SEC. 11 THE GAZETTE OF lNnIA EXTRA0RL)INAH.Y 75 ..
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sixty days iro111 the expiry of the period of tlxee months referred to in sub-section (3) of that section:
Provided further that the appellate authority may admit an appeal after the said period ol sixty days if it is satisfied that the appellant had suificient cause lor not preferring the appeal within the said period.
(3) No appeal shall lie under this section from any decision or order made by the Hegistrar in appeal.
(4) In disposing 01 an appeal under this section, the appellate authority may, after giving the parties an opportunity of making their representation, pass such order thereon as that authority may deem fit,
(5) The decision or order ol tine appellate authority on appeal shall.
be final.
69. The Chief Commissioner may, either suo motu or on an application, ~ ~ ~ i ~ i ~ ~ , call for and examine the records of any proceedings in which no appeal lies to the Chlef Commissioner under sect~on 68 for the purpose of satisfying himself as to the legdity or propr~ety of any decision, award or order rriade a ~ l d if in any case it shall appear to the Chief Commissioner that any such decision, award or order should be modified, annulled or revised, the Chief Coninlissioner may, after giving the party to be affected hereby an opportunity of being heard, pass such order thereon as he may deem fit.
70. Where an appeal is made under section 68 or where the Chief Inter- Colnmissioner calls for the records of a case under sectlon 69, the locutory appellate authority or the Chief Cornmissloner, as the case may be, may, orders.
in order to preve~lt the ends of justice being defeated, make such inta-locutory orders, including an order of stay, pending the decision of the appeal or revision as such authority or the Chief Commissioner may deem fit.
CHAPTER XI1 OFFENCES AND PENALTIES