Chapter XI JURISDICTION

(1) Save as provided in this Act, no Civil or Revenue Court shall have any jurisdiction in respect of- (a) Registration of a society or its bye-laws or amendments of Bye-Laws; or (b) The dissolution of a managing or controlling body and the management of the affairs of the society on dissolution thereof; or (c) Any dispute referred to the Registered; or (d) Any matter in relation to the winding up and dissolution of a registered society. (2) Save as provided in this act, no order, decision or award under this Act, or working of the affairs of a registered society shall be liable to be challenged, set aside, modified, revised declared void in any court on any ground whatsoever.

(1) Except where otherwise expressly provided to the contrary an appeal shall lie to the Registrar from the decisions made under this Act or Rules framed there under by any Government Officer, Liquidator appointed under Section 93. (2) The Registrar may review any order passed by him/her at any time within sixty days from the communication of such order. (3) Save as otherwise provided in this Act all Rules, no appeal shall lie to the State Government against any order of the Registrar, except on a question of law, and provided such appeal is preferred within sixty days of the communication of such order. (4) Any appellate authority and the Registrar in case or review may pass any stay order pending any appeal or review before such an authority and may award costs against any party appealing or petitioning for review if such appeal are reviewed petition is considered false, vexatious or frivolous by the authority concerned. (5) Notwithstanding anything contained in this Act where, with the previous sanction in writing or in requisition by the Reserve Bank of India, a Corporative Bank- (a) isbeingwoundup;or (b) in respect of which a scheme of amalgamation or reorganisation is given effect, no appeal thereof shall lie or be permissible without the sanction or requisition of the Reserve Bank and that shall not be liable to be called in question.

Where the Registrar of such Gazetted Officer as may have powers delegated to him/her under section 100 is satisfied that any person holding property within its jurisdiction with intent to defeat or delay the execution of any order, under a Co-operative Demand Certificate for recovery of dues, or with intent to avoid payment of dues from such person under this Act, Rules or Bye-Laws- (a) Is about to d nose of the whole or any part of such property; or (b) Is about to remove the whole or any part of such property from the local limits of the jurisdictions of the Registrar or of such Gazetted Officer, may uiless adequate security is furnished, as he/she may require, direct the conditional attachment of the said property or such part thereof as he/she thinks necessary, notwithstanding that the claimant or owner of the property may reside elsewhere, and such attachment shall have the same force and effect as it had been made by a competent Civil Court and shall continue in force until withdrawn or cancelled.

The Registrar or any person empowered by him/her in this behalf shall be deemed, when exercising any power under this Act for the recovery of any amount by attachment or sale without attachment of any property or when passing any orders on any implication made to him/her for such recovery or to take any step in aid of such recovery, to be a Civil Court for the purpose of Article 182 of the First Schedule tothe Indian Limitation Act, 1908.

(1) All dues recoverable under this Actor Rules framed thereunder shall be reduced to the form of a Co-operative Demand Certificate as in Schedule 'c' over the signature of the Registrar or of such Gazetted Officers as may have powers delegated to them by the Registrar in this behalf and shall be recovered as an arrear of land revenue and shall be paid to the certificate holder or his/her authorised nominee. Such certificate shall be in the name of the claimant and shall be delivered to him/her. (2) Notwithstanding anything contained in subsection (1), all the said dues shall also be recoverable as public demand on a written requisition send to the certificate officer in the prescribed form over the signature of the Registrar or of such Gazetted Officer or Officer of a Co-operative Society as may have powers delegated to him by the Registrar in this behalf. (3) For the purpose of this section a member of an Affiliated Society shall be deemed to be a member of the Affiliated Society and loans due to the affiliated society shall be deemed also to be loan due to Affiliating Society to the extent that loans from the Affiliating Society to the affiliated society are outstanding and cannot be recovered from the affiliated society provided that not more than one demand certificate may be executed against a single loan. (4) A copy of the Co-operative Demand Certificate prepared under this section shall be served in the manner prescribed upon the person from whom the amount is due. (5) On receipt of a copy of the Co-operative Demand Certificate, the person from whom the amount is due shall pay the same within a period of thirty days from the date of service of the certificate. Provided that the period during which the payment is to be made may be extended by the Registrar for a period not exceeding thirty days for reasons to be recorded in writing. (6) Any person violating the provisions of sub-section (5) above shall, on conviction be punished with imprisonment of either description which may extend to six months or with a fine not less than Rs. 5,000 or as the Registrar may deem fit for or with both.

(1) Notwithstanding anything contained in this Act, where a compromise or arrangement is proposed between a registered society and its creditor or creditors or any class of them the Registrar, upon an application made by a registered society or by Liquidator, in case of a society in respect of which an order has been passed for the winding up thereof, or by a creditor or creditors or any class of creditors may order a meeting of the creditors. (2) If a majority number of creditors or the class of creditors, as the case may be representing claims to three-fourths of the debts due by the society to the creditor or class of creditors, at a meeting agree to any compromise or arrangement and if the Registrar agrees to such compromise Ct arrangement and gives his/her sanction then the compromise or the arrangement shall be binding on all the creditors or class of creditors and also on the order has been passed for the winding up thereof, and on all persons who may be required by the Liquidator to contribute to th ' assets of the society.

Notwithstanding anything contained in Sections 12, 13, 14, and 15, in the case of a Co-operative Bank or an Urban Co-operative Bank, no conversion, transfer, division, amalgamation merger dissolution shall take place save with the previous sanction in writing of the Reserve Bank of India, the National Bank of Agriculture and Rural Development Bank, as the case may be. Once a banking license is cancelled by the concerned authority, it is mandatory on the part of Registrar of Co-operative Societies to send it into liquidation.