Vidhi Codex

section 132

Constitution of Co-operative Tribunal

The Dadra and Nagar Haveli and Daman and Diu Co-Operative Societies Regulation, 2024
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Chapter XII INSURED CO-OPERATIVE BANK

Statutory text
  1. (1) The Administrator shall constitute a Tribunal to be called the Co -operative Tribunal to exercise the functions conferred on it or under this Regulation.
  2. (2) The Tribunal shall consist of a President and such number of other members as the Administrator may, from time to time, consider necessary.
  3. (3) The qualifications, experience, terms and conditions for appointment of the President and other members shall be such as may be prescribed.
  4. (4) The Administrator may terminate the appointment of any member of the Tribunal before the expiry of the term of his office, if such member—
    • (a) is adjudged as an insolvent;
    • (b) engages during his term of office in any paid employment outside the duties of his office unless such employment is authorised by the Administrator;
    • (c) is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Administration or participates in any way in the profit thereof or in any benefit or emoluments arising there from otherwise than as a member;
    • (d) has become physically or mentally incapable of acting as a Member: Provided that the Member shall not be removed from his office on the grounds specified under clauses (b) or (c), except by an order made by the Administrator after an inquiry made by the Judge of the concerned High Court having jurisdiction in such manner as may be prescribed; or
    • (e) is convicted of an offence involving moral turpitude.
  5. (5) Any vacancy in the membership of the Tribunal shall be filled by the Administrator.
  6. (6) The powers and functions of the Tribunal may be exercised and discharged by the Benches constituted by the President from amongst the members of the Tribunal including himself and such Benches shall consist of two or more members.
  7. (7) Where a matter is heard by three members the opinion of the majority shall prevail, and the decision shall be in accordance with the opinion of the majority and where a matter is heard by an even number of members, and the members are equally divided, if the President be one of the members, the opinion of the President shall prevail and in other cases the matter shall be referred for hearing to the President and shall be decided in accordance with his decision: Provided that any interlocutory application may be heard by one or more members who may be present.
  8. (8) Subject to the previous sanction of the Administrator, the Tribunal shall frame regulations consistent with the provisions of this Regulation and rules made thereunder, for regulating its procedure and the disposal of its business which shall be published in the Official Gazette.

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