THE HIMACHAL PRADESH CO-OPERATIVE SOCIETIES ACT
Chapter XII JURISDICTION, APPEAL AND REVIEW
Chapter XII JURISDICTION, APPEAL AND REVIEW
91. Indemnity.
No suit, prosecution or other legal proceedings whatever 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 Act.
Chapter XII JURISDICTION, APPEAL AND REVIEW
92. Bar of jurisdiction of courts.
(1) Save as provided in this Act, no civil or revenue 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 its bye-laws; (b) the removal of a committee; (c) any dispute required under section 72 to be referred to the Registrar; and (d) any matter concerning the winding up and the dissolution of a society. (2) While a co-operative society is being wound up, no suit or other legal proceedings 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 provided in this Act, no order, decision or award made under this Act shall be questioned in any court on any ground whatsoever.
Chapter XII JURISDICTION, APPEAL AND REVIEW
93. Appeal.
(1) An appeal shall lie under this section against,- (a) an order of the Registrar made under sub-section (4) of section 8 refusing to register a society; (b) an order of the Registrar made under sub-section (4) of section 11 refusing to register an amendment of the bye-laws of a society; (c) a decision of a society refusing to admit any person as a member of the society who is otherwise duly qualified for membership under the bye-laws of the society; (d) a decision of a society expelling any of its members; (e) an order of the Registrar removing the committee of a co-operative society under section 37; (f) an order made by the Registrar under section 68 apportioning the cost of the enquiry held under section 67 or an inspection made under 66; (g) any order of surcharge under section 69; (h) any decision or award made under section 73; (i) an order made by the Registrar under section 78 directing the winding up of co-operative society; (j) any order made by the liquidator of a society in exercise of the powers conferred on him by section 80; (k) any order made under section 74; (l) (m)XXXXXXXXXXXXXXXXXXX. (2) An appeal against any decision or order under sub-section (1) shall be made within sixty days from the date of decision or order,- (a) if the decision or order was made by the Assistant Registrar or the Deputy Registrar, to the Registrar or such Additional Registrar or Joint Registrar as may be authorised by him in this behalf; or (b) if the decision or order was made by the Joint Registrar, the Additional Registrar or the Registrar, to the Government; or (c) if the decision or order was made by any other person, to the Registrar or such Additional Registrar, Joint Registrar, Deputy Registrar or Assistant Registrar as may be authorised by him in this behalf. (3) No appeal shall lie under this section from any decision or order made by any authority in appeal.
Chapter XII JURISDICTION, APPEAL AND REVIEW
94. Review and revision.
(1) The State Government except in a case in which an appeal is preferred under section 93 may call for and examine the record of any inquiry or inspection held or made under this Act or any proceedings of the Registrar or of any person subordinate to him or acting on his authority, and may pass thereon such orders as it thinks fit. (2) The Registrar may, at any time,- (a) review any order passed by himself; or (b) call for and examine the record of any inquiry or inspection held or made under this Act or the proceedings of any person subordinate to him or acting on his authority, and if it appears to him that any decision, order or award or any proceedings so called or should for any reason be modified, annulled or reversed, may pass such order thereon as he thinks fit: Provided that, before any order is made under sub-sections (1) and (2), the State Government or the Registrar, as the case may be, shall afford to any person likely to be affected adversely by such order, an opportunity of being heard : Provided further that every application under sub-sections (1) and (2) to the State Government or the Registrar, as the case may be, shall be made within ninety days from the date of communication of the order sought to be reviewed or revised.
Chapter XII JURISDICTION, APPEAL AND REVIEW
95. Interlocutory orders.
Where an appeal is made under section 93 or where the Government or the Registrar calls for the record of a case under section 94, the appellate authority or the Government or the Registrar, as the case may be, may be in order to prevent the ends of justice being defeated, make such interlocutory orders, including an order of stay, pending the decision of the appeal or revision as the authority or the Government or the Registrar, may deem fit.
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