THE MANIPUR CO-OPERATIVE SOCIETIES ACT, 1976
Chapter XIII APPEALS, REVIEW AND REVISION
Chapter XIII APPEALS, REVIEW AND REVISION
152. Tribunal in this behalf may administer the cash to the deponent.
(1) An Appeal against an order or decision under section 4, 9, 11, 12, 13, 14, 17, 29, 35, 73 and 105 shall lie,-- (a) if made or sanctioned or approved by the Registrar or the Additional or Joint Registrar on whom powers of the Registrar are conferred, to the State Government. (b) if made or sanctioned by any person other than the Registrar, or the Additional or Joint Registrar on whom the powers of the Registrar are conferred to the Registrar. (2) An Appeal against an order or decision under sections 79, 85 and 88, and any order passed by the Registrar for paying compensation to a society, and any other order for which an appeal to the Tribunal has been provided under this Act shall lie to the Tribunal. (3) An appeal under sub-section (1) or (2) shall be filed within two months of the date of the communication of the order or decision. (4) Save as provided in this Act, no appeal shall lie against any order, decision or award passed in accordance with this Act; and every such order, decision or award shall be final, and where any appeal has been provided for, any order passed on appeal shall be final and no further appeal shall lie against it.
Chapter XIII APPEALS, REVIEW AND REVISION
161. No suit, prosecution or other legal proceedings shall lie Indemnity
No suit, prosecution or other legal proceedings 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 purported to have done by him by or under this Act.
Chapter XIII APPEALS, REVIEW AND REVISION
162. (1) Save as expressly provided in this Act, no Civil or Bar of juris.
(1) Save as expressly provided in this Act, no Civil or Revenue Court shall have any jurisdiction in respect of— (a) the registration of a society or its bye-laws, or the amendment of its bye-laws, or the dissolution of the board of a society, or the management of the society on dissolution thereof ; or (b) any dispute required to be referred to the Registrar, or his nominee, or board of nominees, for decision ; (c) any matter concerned with the winding up and dissolution of a society. (2) While a Society is being wound up, the Suit or other legal proceedings relating to the business of such society shall be proceeded with or instituted against the society or any member thereof, or any matter touching the affairs of the society, except by leave of the Registrar, and subject to Such terms as he may impose. (3) All orders, decisions or awards passed in accordance with this Act or the rules, shall, subject to the provisions for appeal or revision in this Act be final, and no such order, decision or award shall be liable to be challenged, set aside, modified, revised or declared Void in any Court upon the merits, or upon any other ground whatsoever except for want of jurisdiction.
Chapter XIII APPEALS, REVIEW AND REVISION
163. Court upon the merits, or upon any other ground whatsoever except for want of jurisdiotion.
No Suit shall be instituted against a Society, or any of its officers, in respect of any act touching the business of the society, until the expiration of two months next after notice in writing has been delivered to the Registrar or left at his office, Stating the causes 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.
Chapter XIII APPEALS, REVIEW AND REVISION
164. (1) The Stato Government may, for the whole or any part Rules,
(1) The State Government may, for the Whole or any part of the State and for any society or class of Societies, make rules for the conduct and regulation of the business of such society or class of societies and for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may— (i) subject to the provisions of section 3, prescribe the designation of officers who shall exercise powers vested in the Registrar ; (ii) prescribe the forms to be used and the conditions to be complied with in the making of applications for the registration of a society under section 8 and the procedure in the matter of such application ; (iii) prescribe the matters in respect of Which a society may make, or the Registrar may direct a society to make, bye-laws and the procedure to be followed in making, altering and abrogating bye-laws and the conditions to be satisfied prior to such making, alteration or abrogation ; (iv) prescribe the procedure to be followed and conditions to be observed for change of name or liability, amalgamation, transfer, division, conversion, or reconstruction of society ; (v) prescribe the form of and procedure for an application under section 19 and the procedure for reconstruction of a society under that section ; (vi) prescribe the conditions to be complied with by a person applying for admission or admitted as a member and provide for the election and admission of members and the payment to be made and the interests to be acquired before the exercise of the right of the membership ; (vii) prescribe in the case of a federal society, or class of federal societies, the proportion of individual members or society members in such society or class of societies and the proportion of individual members to society members in the board of such society or class of Such societies ; (viii) subject to the provision of section 28, prescribe the maximum number of shares or portion of the capital of a society which may be held by a member ; (ix) prescribe the procedure for the admission of joint members, members of a joint Hindu undivided family, and minors and persons of unsound mind inheriting the share or interest of deceased members and provide for their rights and liabilities ; (x) provide for the withdrawal, removal or expulsion of members, and for the payments to them and for the liabilities of past members and the estate of deceased members ; (xi) prescribe the conditions and procedures for the transfer of share or interest ; (xii) provide for the nomination of a person to Whom the share or the interest of a deceased member may be paid or transferred ; (xiii) provide for ascertaining the value of a share or interest of a past member or deceased member ; (xiv) prescribe the payments to be made and the conditions to be complied with by members applying for loans. the period for which loans may be made, and the amount which may be lent to an individual member ; (xv) provide for the procedure for registering the address of a society and the change of its address. (xvi) provide for the formation and maintenance of a register of members, and where the liability of members is limited by shares, of a register of shares and a list of members ; (xvii) provide for securing that the share capital of any society shall be available in such a Way as may be necessary to secure that the share shall not appreciate in value and that necessary capital shall be available for the society as required ; (xviii) provide for the procedure to be adopted by a society with limited liability in order to reduce its share capital ; (xix) prescribe the period for and terms upon Which Government aid may be given to societies and terms under which the State Government may subscribe to the share capital of and guarantee the payment of the principal of and interest on debentures issued by societies ; (xx) regulate the manner in which funds may be raised by a society or class of societies by means of shares or debenture or otherwise and the quantum of funds so raised ; (xxi) prescribe the limits for loans to be granted by a society or class of societies against different class of securities or without security and the procedure for granting loans ; (xxii) prescribe the manner of recalling a loan ; (xxiii) prescribe the limits for granting credit by a non-credit society or a class of non-credit Societies ; (xxiv) prescribe the prohibitions and restrictions subject to Which societies may trade or transact business with persons Who are not members ; (xxv) prescribe the conditions on which any charge in favour of a society shall be satisfied and the extent to Which and the order in Which the property to the charge shall be used in its satisfaction ; (xxvi) provide for giving reasonable notice of the charge under section 48 ; (xxvii) prescribe the procedure by Which a society shall calculate and write off bad debts ; (xxviii) prescribe the sums Which, in addition to those referred to in section 65(1), shall be deducted from profits before arriving at the profits for the purpose of section 65(2) ; (xxix) provide for the formation and maintenance of reserve fund, and the objects to which such fund may be applied and for the investment and used of any fund including reserve fund under the control of a society ;
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