(1) Except where otherwise expressly provided to the contrary an appeal shall lie to the Registrar from the decisions made under this Act or rules framed thereunder by any Government officer, liquidator appointed under section 95.
(2) The Registrar may review any order passed by him at any time within sixty days from the communication of such order.
(3) Save as otherwise provided in this Act or rules, no appeal shall lie to the State Government against any order of the Registrar, except on a question of law, and provided such appeal is preferred within sixty days of the communication of such order
(4) Any appellate authority and the Registrar in case of review may pass any stay order pending any appeal or review before such an authority, and may award costs against any party appealing or petitioning for review if such appeal or review petition is considered false, vexatious or frivolous by the authority concerned.
(5) Notwithstanding anything contained in this Act where with the previous sanction in writing or on requisition by the Reserve Bank of India, a Cooperative Bank -
(a) is being wound up ; or
(b) in respect of which a scheme of amalgamation or re organisation is given effect, no appeal thereof shall lie or be permissible without the sanction or requisition of the Reserve Bank and that shall not be liable to be called in question.
POWER OF ATTACHMENT OF PROPERTY
112. Where the Registrar or such Gazetted officer as may have powers delegated to him under section 114 is satisfied that any person holding property within his jurisdiction with intent to defeat or delay the execution of any order, under a Co-operative Demand Certificate for recovery of dues, or with intent to avoid payment of dues from such person under this Act, rules or bye-laws -
(a) is about to dispose of the whole or any part of such property ; or
(b) is about to remove the whole or any part of such property from the local limits of the jurisdiction of the Registrar or of such Gazetted officer, may unless adequate security is furnished ,as he may require, direct the conditional attachment of the said property or such part thereof as he thinks necessary, notwithstanding that the claimant or owner of the property may reside elsewhere, and such attachment shall have the same force and effect as if it had been made by a competent Civil Court and shall continue in force until withdrawn or cancelled.
422 THE ASSAM GAZETTE, EXTRA ORDINARY. FEBRUARY 4, 2012 REGISTRAR TO BE CIVIL COURT FOR CERTAIN PURPOSE RECOVERY OF SUMS DUE
113. The Registrar or any person empowered by him in this behalf shall be deemed, when exercising any power under this Act for the recovery of any amount by attachment or sale without attachment of any property or when passing any orders on any application made to him for such recovery or to take any step-in aid of such recovery, to be a Civil Court for the purpose of Article 182 of the First Schedule to the Indian Limitation Act, 1908.
114 (1) All dues recoverable under this Act or rules framed thereunder shall be reduced to the form of a Cooperative Demand Certificate, as in Schedule C over the signature of the Registrar or of such Gazetted Officers as may have powers delegated to them by the Registrar in this behalf and shall be recovered as an arrear of land revenue under Assam Land and Revenue Regulation, 1886 and shall be paid to the certificate holder or his authorised nominee. Such certificate shall be in the name of the claimant and shall be delivered to him.
(2) Notwithstanding anything contained in sub-section (1), all the said dues shall also be recoverable as public demand in accordance with the procedure laid down in the Bengal Public Demands Recovery Act, 1913 on a written requisition sent to the certificate officer in the prescribed form over the signature of the Registrar or of such Gazetted Officer or officer of a cooperative society as may have powers delegated to him by the Registrar in this behalf.
Explanation . “The Certificate Officer” means the officer so defined in and the Prescribed Form, means the form so prescribed under the Bengal Public Demands Recovery Act, 1913.
(3) For the purpose of this section a member of an affiliated society shall be deemed to be a member of the affiliating society and loans due to the affiliated society shall be deemed also to be loan due to affiliating society to the extent that loans from the affiliating society to the affiliated society are outstanding and cannot be recovered from the affiliated society provided that not more than one demand certificate may be executed against a single loan.
(4) A copy of the Cooperative Demand Certificate prepared under this section shall be served in the manner prescribed upon the person from whom the amount is due.
(5) On receipt of a copy of the Cooperative Demand Certificate the person from whom the amount is due shall pay the same within a period of thirty days from the date of service of the certificate :
Provided that the period during which the payment is to be made may be extended by the Registrar for a period not exceeding thirty days for reasons to be recorded in writing.
(6} Any person violating the provisions of sub section(5) above shall, on conviction be punished with imprisonment of either description which may extend to six months or with fine which may extend to one thousand rupees or with both.
IX of 1908 Regula tion 1 of 1886 Bengal Act 111 o f 191t Bengal * Act 111 ’ of 1913.
THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 4, 2012 423 REGISTRAR MAY ORDER A MEETING OF CREDITORS