Chapter XIII MISCELLANEOUS

Every co-operative society shall have an address registered in the manner prescribed to which all notices and communications may be sent, and shall send to the Registrar notice of every change thereof within thirty days of such change. A notice under the provision to section 62 shall indicate the substance of the demand or debt due to the co-operative society and shall be served in the manner laid down for the service of summons in sub-rule (3) of rule 78. No order under section 62 shall be made until a period of thirty days has expired from the date of service of the notice. f) When any immovable property is sold under these rules, the sale shall be subject to the prior encumbrances on the property, if any. The decree holder shall, when the amount for the realisation of which the sale is held exceeds Rs. 100, furnish to the Sale Officer within such time as may be fixed by him or by the Recovery Officer an encumbrance certificate from the Registration Department or Revenue Department for a period of not less than twelve years prior to the date of the attachment of the property sought to be sold, or in case falling under the provision to sub-rule (10), prior to the date of application for execution. The time for the production of encumbrance certificate may be extended at the discretion of the Sale Officer or the Recovery Officer, as the case may be. The sale shall be by public auction to the highest bidder; provided that it shall be open to the Sale Officer to decline to accept the highest bid where price offered appears to be unduly low or for other reasons and provided also that the Recovery Officer or the Sale Officer may, in his discretion, adjourn the sale to a specified day and hour, recording his reason for such adjournment. Where a sale is so adjourned for a longer period than seven days a fresh proclamation under clause (e) shall be made unless the defaulter consents to waive it. The sale shall be held after the expiry of not less than thirty days calculated from the date on which the notice of the proclamation was affixed in the office of the Recovery Officer. The time and place of the sale shall be fixed by the Recovery Officer and the place of sale shall be the village or locality, where the property to be sold is situated or such adjourning prominent place of public resort as may be fixed by the said Recovery Officer; Provided that in cases where an encumbrance certificate is not obtainable owing to destruction of the connected records, an affidavit from the village Patwari in regard to the encumbrances known to him supported by a certificate from the Registration Department or Revenue Department that the encumbrance certificate cannot be granted owing to the destruction of the connected records, shall be accepted in place of an encumbrance certificate. g) A sum of money equal to fifteen percent of the price of the immovable property shall be deposited by the purchaser in the hands of the Sale Officer at the time of the purchase, and in default of such deposit the property shall be forthwith resold; Provided that where the decree holder is the purchaser and is entitled to set off the purchase money under clause (k) the Sale Officer shall dispense with the requirement of this rule; h) The remainder of the purchase money and the amount required for the general stamp for the sale certificate shall be paid within fifteen days from the date of sale; Provided that the time for the payment of cost of the stamp may, for good and sufficient reasons, be extended at the discretion of the Recovery Officer upto thirty days from the date of sale. Provided further that in calculating the amounts to be paid under this clause, the purchaser shall have the advantage of any set off to which he may be entitled under clause (k). i) In default of payment within the period mentioned in the last preceding clause, the deposit, may, if the Recovery Officer thinks fit, after defraying the expenses of the sale, be forfeited to the Government and defaulting purchaser shall forfeit all claims to the property or to any part of the sum for which it may subsequently be sold. j) Every resale of immovable property in default of payment of the amounts mentioned in the clause (h) within the period allowed for such payments shall be made, after the issue of the first proclamation in the manner and for the period hereinbefore prescribed for the sale. k) Where a decree holder purchase the property, the purchase money and the amount due on the decree shall be set off against one and other and the Sale Officer shall enter up satisfaction of the decree in whole or in part accordingly. (12) Where prior to date fixed for a sale, a defaulter or any person acting on his behalf or any person claiming any interest in the property sought to be sold, tenders payment of the full amount due together with interest, travelling and other expenses incurred in bringing the property to the sale including the expenses of attachment, if any, the Sale Officer shall forthwith release the property, after cancelling, where the property has been attached, the order of attachment. (13) (i) where immovable property has been sold by the Sale Officer, any person either owing such property or holding an interest therein by virtue of a title acquired before such sale may, apply to have the sale set aside on his depositing with the Recovery Officer:- a) for payment to the purchaser a sum equal to five percent of the purchase money; and b) for payment to the decree holder, the amount of arrears specified in the proclamation of sale as that for the recovery of which the sale was ordered together with interest thereon and the expenses of attachment, if any, and sale and other costs due in respect of such amount less amount which may since the date of such proclamation have been received by the decree holder. (ii) if such deposit and application are made within thirty days from the date of sale, the Recovery Officer shall pass an order setting aside the sale and shall repay to the purchaser, the purchase money so far as it has been deposited together with the five percent deposited by the applicant. Provided that if more persons than one have made deposit and application under this sub-rule, the application of the first depositor to the officer authorized to set aside the sale, shall be accepted. (iii) If a person applied under sub-rule (14) to set aside the sale of immovable property, he shall not be entitled to make an application under this sub-rule. 14 (i) At any time within thirty days from the date of the sale of immovable property, the decree holder or any person entitled to share in a rateable distribution of assets or whose interest are affected by the sale may apply to the Recovery Officer to set aside the sale on the ground of a material irregularity or mistake or fraud in publishing or conducting it; Provided that no sale shall be set aside on the ground of irregularity or fraud, unless the Recovery Officer is satisfied that the applicant has sustained substantial injury by reason of such irregularity, mistake or fraud. (ii) If the application be allowed, the Recovery Officer shall set aside the sale and may direct a fresh sale. (iii) On the expiration of thirty day from the date of sale if no application to have the sale set aside is made or if such application has been made and rejected, the Recovery Officer shall make order confirming the sale; Provided that if he shall have reason to think that the sale ought to be set aside notwithstanding that no such application has been made or on ground other than those alleged in any application which has been made and rejected may, after recording his reasons in writing set aside the sale. (iv) After the confirmation of any such sale, the Recovery Officer shall grant a certificate of sale bearing his seal and signature to the purchaser and such certificate shall state the property sold and name of the purchaser and it shall be conclusive evidence of the fact of the purchase in all court and tribunals where it may be necessary to prove it and no proof of the sale or signature of the Recovery Officer shall be necessary unless the authority before whom it is produced shall have reason to doubt its genuineness. (15) Where any lawful purchase of immovable property is resisted or prevented by any person other than any person (not being the defaulter) claiming in good faith to be in possession of the property on his own account from obtaining possession of the immovable property purchase, any court of competent jurisdiction, on an application and production of the certificate of sale provided for sub-rule (14), shall cause the proper process to be issued for the purpose of putting such purchase in possession in the same manner as if the immovable property purchased had been decreed to the purchaser by a decision of the court.

Every co-operative society shall keep a copy of this Regulation, the rules and its bye-laws and also a list of its members, open to inspection free of charge at all reasonable times at the registered address of the society. (1) Any decree holder requiring the provisions of clause (b) of section 63 to be applied shall apply to the Recovery Officer within whose jurisdiction the defaulter resides of the property of defaulter is situated. (2) Every such application shall be made in the form specified by the Registrar and shall be signed by the decree holder. The decree holder may indicate whether he wishes to proceed against any immovable property mortgaged to the decree holder or other immovable property or secure the attachment of movable property. (3) On receipt of such application, the Recovery Officer shall verify the correctness and genuineness of the particulars set-forth in the application with the records, if any, in the office of the Registrar and prepare a certificate in writing in duplicate in the form specified by the Registrar, setting-forth the name and address of the defaulter and the amount due and forward the same to a sale officer. (4) Unless the decree holder has expressed a desire that proceedings could be in a particular order as laid down in sub-rule (2) the execution shall ordinarily take place in the following manner: (i) movable property of the defaulter shall be first proceeded against but this shall not preclude the immovable property being proceeded against simultaneously, in case of necessity: (ii) if there is no movable property, or if the sale proceeds of the movable property or properties attached and sold are insufficient to meet in full the amount of decree, the immovable property mortgaged to the decree holder or other immovable property belonging to the defaulter may be proceeded against. (5) In the seizure and sale of immovable property the following procedure shall be observed:- (1) Any decree holder requiring the provisions of clause (b) of section 63 to be applied shall apply to the Recovery Officer within whose jurisdiction the defaulter resides of the property of defaulter is situated.

(2) Every such application shall be made in the form specified by the Registrar and shall be signed by the decree holder. The decree holder may indicate whether he wishes to proceed against any immovable property mortgaged to the decree holder or other immovable property or secure the attachment of movable property.

(3) On receipt of such application, the Recovery Officer shall verify the correctness and genuineness of the particulars set-forth in the application with the records, if any, in the office of the Registrar and prepare a certificate in writing in duplicate in the form specified by the Registrar, setting-forth the name and address of the defaulter and the amount due and forward the same to a sale officer.

(4) Unless the decree holder has expressed a desire that proceedings could be in a particular order as laid down in sub-rule (2) the execution shall ordinarily take place in the following manner: (i) movable property of the defaulter shall be first proceeded against but this shall not preclude the immovable property being proceeded against simultaneously, in case of necessity: (ii) if there is no movable property, or if the sale proceeds of the movable property or properties attached and sold are insufficient to meet in full the amount of decree, the immovable property mortgaged to the decree holder or other immovable property belonging to the defaulter may be proceeded against.

(5) In the seizure and sale of immovable property the following procedure shall be observed:- (a) The Sale Officer shall, after giving previous notice to the decree holder, proceed to the village or locality where the defaulter resides or the property to be distrained is situated and serve a demand notice to the defaulter if he is present. If the amount due together with the expenses is not at once paid, the Sale Officer shall make the distress and shall immediately deliver to the defaulter a list or inventory of the property distrained and intimation of place and day and hour at which the distrained property will be brought to sale if the amount due are not previously discharged. If the defaulter is absent the Sale Officer shall serve the demand notice on some adult member of his family or on his authorised agent or when such service cannot be affected, shall affix a copy of the demand notice on some conspicuous part of the place where he ordinarily resides or carries on business. He shall then proceed to make the distress and shall fix the list of the property attached on some conspicuous part of the place where the defaulter ordinarily resides or carries on business endorsing thereon the place where the property may be lodged or kept and an intimation of the place, day and hour of sale thereof. (b) After the distress is made, the Sale Officer may arrange for the custody of the property attached with the decree holder or otherwise. If the Sale Officer requires the decree holder to undertake the custody of the property, he shall be bound to do so and any loss incurred owing to his negligence shall be made good by the decree holder. If the attached property is livestock, the decree holder shall be responsible for providing the necessary food for such livestock. The Sale Officer may, at the interest of the defaulter or any person claiming and interested to any such property, live in the village or place where it was attached in the charge of such defaulter or person if he enters into a bond in the form specified by the Registrar with one or more solvent sureties for the production of the property, when called for. (c) The distress shall be made after sun rise and before sun set and not at any other time. (d) The distress levied shall not be excessive, that is to say the property distrained shall be as nearly as possible proportionate to the sum due from the defaulter together with interest and all expenses incidental to the distraint, detention and sale. (e) If crops or un-gathered products of the land belonging to a defaulter are attached, the Sale Officer may cause them to be sold when fit for reaping or gathering or at his discretion may cause them to be reaped or gathered in due seasons or time and stored in proper place until sold. In the later case, the expenses of reaping or gathering and storing of such crops or products shall be defrayed by the owner upon his redeeming the property or from the proceeds of the sale in the event of its being sold. (f) The Sale Officer shall not work the bullocks or cattle or make use of goods or effects distrained and he shall provide the necessary food for the cattle or live stock, the expenses attending which shall be defrayed by the owner upon his redeeming the property or from the proceeds of the sale in the event of its being sold. (g) It shall be lawful for the Sale Officer to force open any stable cow house, granary, godown out house or other building and he may also enter in any dwelling house, the outer door of which may be open and may break open the door of any room in such dwelling house for the purpose of attaching any property belonging to a defaulter lodged therein provided always that it shall not be lawful for the officer to break open or enter apartment in such dwelling house for the Zenana or residence of women except as here-in-after provided. (h) Where the Sale Officer has reason to believe that a property of a defaulter is lodged within a dwelling house, the outer door of which is shut or within any apartments appropriated to women which by custom or usage are considered private, the Sale Officer shall represent the facts to the officer-in-charge of the nearest police station. On such representation, the officer-in-charge of the said station shall send a police officer to the spot in the presence of whom the Sale Officer may force open the outer door of such dwelling house in like manner as he may break open the door of any room within the house except the Zenana. The Sale Officer may also in the presence of a police officer and after giving due notice for the removal of the women within a Zenana and after furnishing the means for their removal in a suitable manner if they be women who according to the custom and usage cannot appear in public, enter the Zenna apartments for the purpose of distraining the defaulter's property, if any, deposited therein but such property, if found shall be immediately removed from such apartment after which they shall be left free to the former occupants. (i) The Sale Officer shall, on the day previous to and on the day of sale, cause proclamation of the time and place of the intended sale to be made by beat of drum in the village or locality in which the defaulter resides and in such other place or places as the officer may consider necessary to give due publicity to the sale. No sale shall place until after expiration of the period of fifteen days from the date on which the sale notice has been served or affixed in the manner indicated in clause (a) provided that where the property seized is subject to speedy and natural decay or where the expenses of keeping it in custody is likely to exceed its value, the Sale Officer may sell it at any time before the expiry of the said period of fifteen days, unless the amount due is sooner paid. (j) At the appointed time, the property shall be put up in one or more lots as the Sale Officer may consider advisable and shall be disposed of to the highest bidder. Where a defaulter dies before the decree has been fully satisfied, an application under sub-rule (1) may be made against the legal representative of the deceased and thereupon, all the provisions of this rule shall, save as otherwise provided in this sub-rule, apply as if such legal representatives were defaulters. Where decree is executed against such legal representative, he shall liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of and for this purpose, such legal representative shall produce such accounts in respect of such property to the satisfaction of the Recovery Officer as he thinks fit. Where is connection with proceedings on an application under section 63 of the Regulation, any person requires the issue of any process or objects to any process issued or objects to any orders passed, he shall pay such fee as may be specified by the Registrar in this behalf.

Notwithstanding anything contained in this Regulation, the Chief Commissioner may, by special order in each case and subject to such conditions, if any as he may impose, exempt any co-operative society from any of the requirements of this Regulation as to registration, if he is satisfied that such exemption is necessary having regard to the nature of the activities of the society or that such exemption is necessary in the public interest or in the interest of the co-operative movement. The powers of the Registrar under section 65 shall not be exercised by an officer below the rank of Assistant Registrar.

The Chief Commissioner may, by general or special order, exempt any co-operative society or any class of co-operative societies from any of the provisions of this Regulation or may direct that such provision shall apply to such societies or class of societies with such modifications as may be specified in the order if he is satisfied that such exemption or direction is necessary having regard the nature of the activities of the society or class of societies or that such exemption or direction is necessary in the public interest or in the interest of the co-operative movement. (1) Every summon issued under Regulation shall be in writing, shall be authenticated by sale, if any, of the officer by whom it is issued and shall be signed by such officer or by any person authorised by him in writing in that behalf. IT shall require the person summoned to appear before the said officer at a specified time and place and to give evidence or produce documents or for both purposes, and any particular document, the production of which is required, shall be described in the summons with reasonable accuracy.

(2) Any person may be summoned to produce a document, without being summoned to give evidence, and any person summoned merely to produce documents shall be deemed to have complied with the summons if he causes such document to be produced, instead of attending personally to produce the same.

(3) The service of summons under the Regulation on any person may be effected in any of the following ways:-

(a) By giving of tendering it to such person; or

(b) If such person is not found, by leaving it at his last known place of abode or business or by giving or tendering it to some adult member of his family; or

(c) If the address of such person is known to the Registrar or other authorised person, by seeding it to his by registered post; or

(d) If none of the means aforesaid is available, by affixing it to some conspicuous part of his last known place of abode or business. (1) Every summon issued under Regulation shall be in writing, shall be authenticated by sale, if any, of the officer by whom it is issued and shall be signed by such officer or by any person authorised by him in writing in that behalf. IT shall require the person summoned to appear before the said officer at a specified time and place and to give evidence or produce documents or for both purposes, and any particular document, the production of which is required, shall be described in the summons with reasonable accuracy.

(2) Any person may be summoned to produce a document, without being summoned to give evidence, and any person summoned merely to produce documents shall be deemed to have complied with the summons if he causes such document to be produced, instead of attending personally to produce the same.

(3) The service of summons under the Regulation on any person may be effected in any of the following ways:-

(a) By giving of tendering it to such person; or

(b) If such person is not found, by leaving it at his last known place of abode or business or by giving or tendering it to some adult member of his family; or

(c) If the address of such person is known to the Registrar or other authorised person, by seeding it to his by registered post; or

(d) If none of the means aforesaid is available, by affixing it to some conspicuous part of his last known place of abode or business.

(4) Where the serving officer delivers or tenders copies of the summons to the dependent personally or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to give an acknowledgement of service duly endorsed on the original summons.

(5) The serving officer shall in all cases in which the summon has been served under sub-rule (4) endorse or annex, or cause to be endorsed or annexed, on or to the original summon a return stating the time and the manner in which the summon was served and the name and the address of the person, if any, identifying the person served and witnessing the delivery or tender of the summon.

(6) Where the party to be summoned is a public officer or is the servant of a company or local authority of any institution, the officer issuing the summons may, if it appears that the summons may be conveniently so served, send it by registered post pre-paid for acknowledgment for service on the party to be summoned to the head of the office in which he is employed, together with the copy to be served endorsed on the original summon.

The Registrar, a person appointed to assist the Registrar under section 3, a person authorised to audit the accounts of a co-operative society under section 48 or to make an inspection under section 49 or to hold an inquiry under section 50 and a person appointed as an arbitrator under section 56 or a liquidator appointed under section 58 shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). (1) An appeal under the Regulation shall be presented by the appellant or by his duty appointed agent.

(2) When such an appeal is presented by an agent, it shall be accompanied by a letter of authority of appellant appointing him as such.

(3) Every appeal shall be accompanied by a certified copy of the order against which the appeal is preferred.

(4) Every appeal shall;

(i) be either type written or hand written in ink legibly;

(ii) specify the name and the address of the appellant and also the name and address of the opposite party, as the case may be.

(iii) State by whom the order against which the appeal is preferred was made;

(iv) Clearly state the grounds on which the appeal is made;

(v) State precisely the relief which the appellant claims; and

(vi) Give the date of the order appealed against.

(5) On receipt of the appeal, the appellate authority shall endorse on it the date of its receipt by it. The appellate authority shall as soon as possible, examine the appeal and satisfy itself that:-

(i) the person presenting it has the authority to do so;

(ii) that it is made within the prescribed time limit; and

(iii) that it conforms to all the provisions of the Regulation and these rules.

(6) If the appellant authority finds that the appeal presented does not conform to any of the said provisions, it shall make a note on the appeal in that effect and may call upon the appellant or his agent to remedy the defects within a period of 7 days of the receipt of the notice to do so or in case, the appeal has not been presented within the prescribed time limit, to show cause within the said period of 7 days why it should not be dismissed for being time barred.

(7) If the defect is remedied on the cause shown by the appellant or his agent satisfies the appellant authority, the appellate authority may proceed to consider the appeal.

(8) If the appellant or his agent fails to remedy the defects or to show cause to the satisfaction of the appellant authority within the said period, the Appellate authority may dismiss the appeal.

(9) In case, where it is considered expedient to give a hearing, the appellate authority may fix a date for hearing of which due notice shall be given to the appellate or his agent and the opposite party.

(10) On the date so fixed, the appellate authority shall go through the relevant papers, hear the parties present, and pass suitable order on the appeal.

(11) The appellate authority may, at its discretion adjourn to any other day, the hearing of any appeal at any stage.

(12) Where the hearing of the appeal is completed, the Appellate authority shall announce its judgement forthwith or may fix a date for the same after due notice to the Appellant or the other parties to the appeal.

(13) Every decision or order of the Appellate authority shall be in writing and a copy of the same shall be supplied to the Appellant and such other parties as in the opinion of the Appellate authority likely to be affected by the decision or the order.

No suit shall be instituted against a co-operative society or any of its officers in respect of any act touching the constitution, management or business of the society until the expiration of three months next after notice in writing has been delivered to the Registrar or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims, and the plaint shall contain a statement that such notice has been so delivered or left. The Registrar may lay down the returns to be submitted by a co-operative society and provide for the persons by whom and the form is which such returns shall be submitted. If a society fails to comply with the directive within a reasonable time, the Registrar may have the returns completed at the expenses of the society.

The provisions of the Companies Act, 1956 (1 of 1956) shall not apply to co-operative societies. Any member of the public shall be permitted on payment of fee of one rupee for each occasion to inspect, for any lawful purpose, any public document exclusive of public document privileged under section 123, 124, 128 or 131 of the Indian Evidence Act, 1872 (1 of 1872), filed in the office of the Registrar of Co-operative Societies and in particular the following documents, namely;

(1) The Registration Register.

(2) The Registration certificate of the society,

(3) The Registered bye-laws of a society and amendment affected to such bye-laws.

(4) An order cancelling the registration of a society.

(5) An order directing the liquidation of a registered society.

(6) The annual accounts of a society.

(7) Any decision of the Registrar or award of arbitrator.

(1) Every society now existing, which has been registered under the Co-operative Societies Act, 1912 (2 of 1912), as it applies to the Union territory of the Andaman and Nicobar Islands, shall be deemed to be registered under the corresponding provisions of this Regulation, and its bye-laws shall, so far as they are not inconsistent with the provisions of this Regulation or the rules, continue to be in force until altered or rescinded. (2) All appointments, rules and orders made, all notifications and notices issued and all suits and other proceedings instituted under the said Act shall, so far as they are not inconsistent with the provisions of this Regulation, be deemed to have been respectively made, issued and instituted under this Regulation save that an order cancelling the registration of a co-operative society made under the said Act shall be deemed, unless the society has already been finally liquidated as an order made under section 57 for its being wound up. Notwithstanding anything contained in the Court Fees Act 1870 (7 to 1870), as amended in its application to the Union Territory of the Andaman and Nicobar Islands, the fees prescribed for certified copies of any public document which any person has under the proceeding rule a right for inspection shall be as follows:-

(1) For Registration Certificate - Rs. 5/-

(2) In the case of other documents, a sum calculated at the following rates:- (i) For first two hundred words or under - Rs. 1/- (ii) Every additional hundred words or fraction thereof - Paise 50 Notwithstanding anything contained in the Court Fees Act 1870 (7 to 1870), as amended in its application to the Union Territory of the Andaman and Nicobar Islands, the fees prescribed for certified copies of any public document which any person has under the proceeding rule a right for inspection shall be as follows:- (1) For Registration Certificate - Rs. 5/- (2) In the case of other documents, a sum calculated at the following rates:- (i) For first two hundred words or under - Rs. 1/- (ii) Every additional hundred words or fraction thereof - Paise 50

(1) Save as otherwise provided in this Regulation, no court shall have any jurisdiction in respect of - (a) the registration of a co-operative society or its bye-laws or of an amendment of the bye-laws ; (b) the removal of a committee ; (c) any dispute required under section 55 to be referred to the Registrar ; and (d) any matter concerning the winding up and the dissolution of a co-operative society. (2) While a co-operative society is being wound up, no suit or other legal proceeding relating to the business of such society shall be proceeded with or instituted against the liquidator as such or against the society or any member thereof, except by leave of the Registrar and subject to such terms as he may impose. (3) Save as otherwise provided in this Regulation, no order, decision or award made under this Regulation shall be questioned in any court on any ground whatsoever. (2) While a co-operative society is being wound up, no suit or other legal proceeding relating to the business of such society shall be proceeded with or instituted against the liquidator as such or against the society or any member thereof, except by leave of the Registrar and subject to such terms as he may impose. (3) Save as otherwise provided in this Regulation, no order, decision or award made under this Regulation shall be questioned in any court on any ground whatsoever. The award of an arbitrator shall be in the form given in appendix "I" and the order of a liquidator under clause (b) or (e) of sub-section (2) of section 59 in the form is the appendix "J".

(1) In exercising the functions conferred on him by or under this Regulation, the Registrar, the arbitrator or any other person deciding a dispute under section 56 and the liquidator of a co-operative society and a person entitled to audit, inspect or hold an inquiry under this Regulation shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely :- (a) summoning and enforcing the attendance of any person and examining him on oath ; (b) requiring the discovery and production of any document ; (c) proof of facts by affidavits ; and (d) issuing commissions for examination of witnesses. (2) In the case of an affidavit, any officer appointed by the Registrar, the arbitrator or any other person deciding a dispute or the liquidator, as the case may be, may administer the oath to the deponent. (1) Notwithstanding anything contained in these rules, the procedure in this rule shall apply to co-operative society whose working capital exceeds rupees 50,000/- (i) At least 15 days clear notice, specifying the date, place, time and agenda for a meeting of a general body or committee and at least seven days clear notice for a meeting of any smaller body set-up by either of them, whether convened by the Registrar or the President or otherwise of such co-operative society, shall be given to all the members of the general body committee or smaller body, as the case may be; Provided that a shorter notice may be, given to all the members of the general body or committee or smaller body, as the case may be with the permission of the Registrar or under his direction. (ii)(a) The Registrar may on his own motion or on a reference made to him, declare the proceedings of a meeting referred to in clause (i) as invalid, if he is satisfied that the meeting was held without a proper notice or without all the members having received the notice for the meeting or if the meeting was not conducted at appropriate place and time; and (iii) No matter shall, except with the permission or direction of the Registrar, be considered in a meeting of a general body/committee or in a meeting of a smaller body set-up by either of them, unless that matter is specifically included in the agenda which is circulated to all members at least fifteen clear days or seven days in advance, respectively. (iv) Should a difference of opinion in respect of any matter arise between nominated member of the committee and other members thereof the opinion of the nominated member shall be recorded in the minutes of the proceeding of the meeting in the words of the nominated member and the proceeding shall also be got signed by nominated member. The Chairman shall, as soon as possible, make a reference to the Chief Commissioner and if no reference is made within seven days of the date of the meeting, the Registrar may on the receipt from a nominated member make a reference to the Chief Commissioner for getting his decision. (2) In a co-operative society in which shares has been subscribed by the Government and of which another co-operative society is a member, the Registrar may after such inquiry as he may deem fit and after giving the person concerned a reasonable opportunity of showing cause, remove any member of committee who has been guilty of any act of omission or commission resulting in financial loss of the co-operative society.

No suit, prosecution or other legal proceeding shall lie against the Registrar or any person subordinate to him or acting on his authority in respect of anything in good faith done or purporting to have been done under this Regulation. The members nominated by the Chief Commissioner to a committee of a co-operative society under clause (a) of sub-section (2) of section 26 shall not vote in the election of the office bearers of the co-operative society.

The Co-operative Societies Act, 1912 (2 of 1912) in its application to the Union Territory of the Andaman and Nicobar Islands, is hereby repealed : Provided that such repeal shall not affect – (a) the previous operation of the said Act or anything duly done or suffered there under; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the said Act ; or (c) any penalty, forfeiture, or punishment incurred in respect of any offence committed against the said Act, or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted continued or enforced and any such penalty forfeiture or punishment may be imposed as if this Regulation had not been passed.