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Section 65: Settlement of dispute

The Meghalaya Co-operative Societies Act, 2015 (Act No. 11 of 2015)State Act of Meghalaya · Act 11 of 2015

(1) The Registrar shall, on receipt of a reference under sub-section (1) of section 64, decide the dispute himself or authorize any other Government officer to decide such dispute.

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

(3) Where the Registrar is satisfied that a party to any reference made to him under Section 64 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

(b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Registrar, the Registrar may, unless adequate 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.

(4) In case of a dispute relating to recovery of loan, the Registrar shall refer to the Tribunal constituted by the State Government by a notification published in the Official Gazette.

(5) The parties to the dispute shall include a registered cooperative society, including Financing bank, its past or present controlling body or the liquidator of the co-operative society.

(6) The Government may constitute as many tribunals as may be necessary for such area or areas and specify its composition in the notification.

(7) The Tribunal shall consists of three members including the President.

(8) A member, director or chairman of a co-operative society including financing bank, may file an application before the tribunal through the Registrar or his authorized representative for necessary decision or order for the recovery of any amount of loan, dues from a member, past member or surety of a member and past member of a registered co-operative society.

(9) The order passed by the Tribunal shall have the same force and effect as that of the decree of a Civil Court and a copy of such order shall be served on the person against whom it is made in the manner laid down for the service of summons in the Code of Civil Procedure, 1908.

(10) Every order passed by the Tribunal shall be executed in the manner as decree of a civil court under the Code of Civil Procedure, 1908.

(11) Any person aggrieved by an order passed by the Tribunal may file an appeal against such order to the State Government within sixty days after the date of service of the order.

Where this provision sits

ActThe Meghalaya Co-operative Societies Act, 2015 (Act No. 11 of 2015)
Section65
Marginal noteSettlement of dispute
JurisdictionState of Meghalaya
StatusIn force as published by the source

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