Registrar, etc., to have powers of a civil court

(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.