Enforcement
of order.
Limitation of the
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44. (1) The decision of an arbitrator on any matter referred to him under section 48 shall be binding upon the parties, and shall be enforceable in like manner as an order made by the Registrar under that section.
(2) An order made by a liquidator or by the Registrar under section 42 or section 43 shall be enforced by any civil court having jurisdiction over the place where the registered office of the society is situated in fike manner as a decree of that court.
45. Sove in so far as is hereinbefore expressly provided, no civil court aball have any jurisdiction in respect of any of the civil matter concerned with the dissolution of a registered society
under this Ordinance.
jurisdiction
Court.
Closure of 46. (1) In the liquidation of a society whose registra- liquidation. tion has been cancelled, the funds, including the reserve fund, shall be applied first to the coats of liquidation, then to the discharge of the liabilities of the society, then to the payment of the share capital and then, provided the by-laws of the society permit, to the payment of a dividend at a rate not exceeding ten per centum per aunut for any period for which no disposal of profits was made.
Power of
Burcharge
of m
registered society.
(2) When the liquidation of a society has been closed and any creditor of that society has not claimed or received what is due to him under the scheme of distribution, notice of the closing of the liquidation shall be published in the Gazette; and, all alaims against the funds of the society liquidated shall be proscribed when two years have clapsed from the date of the publication of the Gazette notice.
(8) Any surplus remaining after the application of the funds to the purposes specified in sub-section (1) and the payment of any claims for which an action is instituted under sub-section (2) shall be available for use by the Registrar for any co-operative purpose at bis discretion.
PART VIII.
SURCHARGE AND ATTACHMENT.
47. (1) Where, in the course of the winding up of a Register to registered society it appears that any person who has taken offers,.,part in the organisation or management of such society or any past or present officer of the society has misapplied or retained or become liable or accountable for any-money or property of such society or has been guilty of misfeasance or breach of trust in relation to auch society, the Registrar may, on the application of the liquidator or of any creditor or contributory, examine into the conduct of such person and make an order requiring him to repay or restore the money or property or any part thereof with interest at such rate as the Registrar thinks just or to contribute such sum to the assets of auch society by way of compensation in regard to the misapplication retainer, dishonesty or breach of trust as the Registrar thinks fit.
(2) This section shall apply notwithstanding that the act is one for which the offender may be criminally responsible.
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Governor.
48. Any person aggrieved by any order of the Registrar Appeal to made under section 47 may appeal to the Governor within twenty-one days from the date of such order and the decision of the Governor shall be final and conclusive.
PART IX.
DISPUTES.
49. (1) If any dispute touching the business of a Settlement registered society arises→→→
(a) among members, past members and per- sons claiming through members, past members and decerned members; or
เ (b) between a member, past member, or per- son claiming through a member, past member or deceased member, and the society, its corrimittee, or any officer of the society; or
(c) between the society or its committee and any officer of the society; or
tered society:
(d) between the society and any other regis-
such dispute shall be referred to the Registrar for decision. A claim by a registered society for any deht or demand due to it from a member, past member or the nominee, heir or legal representative of a deceased member, shall be deemed to be a dispute touching the business of the society within the meaning of this sub-section.
(2) The Registrar may, on receipt of a reference under sub-section (1),
arbitrators.
(a) decide the dispute himself, or
(b) refer it for disposal to an arbitrator or
(9) Any party aggrieved by the award of the arbitrator or arbitrators may appeal therefrom to the Regis- trer within such period and in such manner as may be prescribed.
(4) A decision of the Registrar under sub-section (2) or in appeal under sub-section (3) shall be final and shall not be called in question in any civil court.
(5) The award of the arbitrator or arbitrators under sub-section (2) shall, if no appeal is preferred to the Registrar under sub-section (3), or if any such appeal is abandoned or withdrawn, be final and shall not be called in question in any civil court and shall be enforced in the same manner as if the award had been a judgment of a civil court.
of disputes.
on quantion
60. (1) Notwithstanding anything contained in the last Case stated foregoing section, the Registrar at any time when proceeding of to a decision under this Ordinance, or the Governor at any time when an appeal has been preferred to him against any decision of the Registrar under this Ordinance, may refer any question of law arising out of such decision for the ruling of the Supreme Court.
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