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Section 62: Cost of enquiry and. inspection

The Assam Co-operative Societies Act, 1949State Act of Assam · Act 1 of 1950

(1) When an inquiry is held under sec­ tion 60(2) or an inspection is made under section 61(2), the Registrar may.

after giving the parties an opportunity of being heard, apportion the cost or such part of the cost as he may deem fit. between 'he society, the members thereof o] 1he affiliating society or (he creditor or creditors applying for such inspection or inquiry, as the 'ase may be, and the officers, former officers, members and past member; of the society.

(2) No expenditure from (he fund of a registered society shall be incurred for (be purpose of defraying any cost m support of any appeal preferred by any person other than the society itself against an order under sub-section (1).

(3) Any person authorised by the Registrar under sections 60 and 61 shall have all the powers of the Registrar when acting under these sections.

Recovery of costs.- ■ (4) Any sum awarded by way of cost under this section shall be recoverable through a Co-operative demand certificate.

CHAPTER X Settlement of Dispute's 63 Reference «>f dispute.—Any dispute touching the business of a registered society, other than a dispute icgardins disciplinary action taken by a society against :m employee of the society, or of the liquidator of a society shall be referred to the Registrar for decision if the parties thereto are among the following

(a) the society, ils past or present controlling or managing body, any past or present officer, agent or employee or the liquidator of the society : oi

(b) member, past member or persons claiming through a member, pas!

member or deceased member of the society : or

(c) a surety of a member, a past member or deceased member of a society ;

or

(d) any other registered society or the liquidator of such society.

64. Settlement of dispute —f l ' I he Registrar shall on receipt ot a reference under section 63— fa) decide the dispute himself ot authorise any other Government Officer to decide the dispute : or fb) refer it for disposal to an arbitrator appointed by the Registrar or to three arbitrators one to be nominated by each of th- parties to the dispute and the third, who shall be nominated by the Registrar, *<.■> act as < h orman Where any party to lite dispute fails to nominal' an arbitratoi within fifteen days after the communication of this notice. th ' Regi-.tr ir may himself make the nomination.

No legal practitioner may hr- nominated as an arbitrator by any party to a dispute or by (he Registrar

(c) An arbitrator appointed under the previous sub-clause shall be governed by the Indian Arbitration Act, 1940 fX of 1940). with sinh statutory re-enact­ ment or modification thereof as shall from time to time be made.

(2) The Registrar may withdraw any reference of such dispute referred under sub-section (1) and may deal with it himself under the said sub-section.

288

(3) Where the Registrar is satisfied that a party to any reference made to him under section 63 with intent to defeat or delay the execution of any decision;

that may be passed thereon—

(a) is about to dispose of the whole or any part of his property ; or "i

(b) is about to remove the whole or any part of his property from tht, local limits of the jurisdiction of the Registrar, the Registrar may, unless ade­ quate security is furnished, direct the conditional attachment of the said property or such part thereof as he deems necessary ; and such attachment shall have the same effect as if it had been made by a competent Civil Court.

CHAPTER XI Dissolution of Society of an Assent;

Where this provision sits

ActThe Assam Co-operative Societies Act, 1949
Section62
Marginal noteCost of enquiry and. inspection
JurisdictionState of Assam
StatusIn force as published by the source

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