Section 146

(1) Where the Secretary of co-operative society is of the opinion that- (a) a resolution passed by the Committee of Management, or the General Body of the society; or (b) any order passed by an officer of co-operative society- is not covered by the objects of the society or is in contravention of the provision of the Act, the rules or the bye- laws of the society and that in case the implementation of such resolution or order is not stayed the order of annulment of the resolution or cancellation of the order which may eventually be made by the Registrar under section 126, will become infructuous- the secretary shall forthwith- (i) move the Chairman of the society in writing to refer the matter to the Registrar for his decision: Provided that where the Chairman fails within three days of the receipt of Secretary's request to make the reference to the Registrar or to direct, in writing, the Secretary to make such reference, the Secretary may himself refer the matter to the Registrar for decision; (ii) pending reference to and receipt of the decision of the Registrar, withhold the implementation of the resolution or the order, as the case may be, where the Secretary is satisfied for reason to be recorded, that such a course is necessary in the interest of the society. (2) The Registrar shall, as soon as may be, but not later than 30 days after receipt of the reference under Sub- rule (1) examine the matter and if he decides the resolution or order reference to him by the Secretary- (a) is not covered by the provisions of Section 126, he shall direct the resolution or order to become operative and the Secretary shall accordingly comply; (b) is covered by the provisions of Section 126, he shall direct the Secretary to continue to withhold implementation of the resolution or order, as the case may be, pending action under Section 126 and the Secretary shall act accordingly : Provided that before passing such order the Registrar shall require the Society to reconsider such resolution or order, as the case may be. (3) Where no intimation of the decision taken by the Registrar has been received by the Secretary within 35 days of the date on which the reference was made, the Secretary shall not further withhold the implementation of the resolution or the order, as the case may be.