104. Every society shall have an address registered in accordance with the rules to which all notices and communication may be sent and shall send to the Registrar notice of any change thereof within thirty days of the change.

105. Every society shall keep a copy of this Act, the rules and its bye-laws open to inspection free of charge at all reasonable times at the registered address of the society.

106. Every order, decision or award made or given by the Registrar, or any officer or other person or a liquidator, under this Act, shall be pronounced on the day on which the case in finally heard or on some future day of which due notice shall be given to the parties.

107. (1) The Registrar or any other person to whom a dispute is referred for decision to or an appeal is made against any order or decision made under this Act, shall hear the dispute or the appeal in the manner prescribed and shall have power to summon and enforce attendance of witness including the parties interested or any of them and control them to give evidence on oath, affirmation or affidavit, and to compel the production of documents by the same means and as far as possible in the same manner, as is provided at in the case of a Civil Court by the code of Civil Procedure, 1908.

(2) Except with the permission of the Registrar or any other person deciding a dispute, as the case may be no party shall be represented at the hearing of a dispute by a legal practitioner

(3) (a) If the Registrar or any other person to whom a dispute is referred is satisfied that a person, whether he be a member of the society or not, has acquired any interest in the property of a person who is a party to a dispute he may order that the person who has acquired the interest in the property may join as a party to the dispute: and any decision, order or award that may be passed by the Registrar or his nominee or any other person shall be binding on the party so joined in the same manner as if ha were an original party to the dispute.

(b) Where a dispute has been instituted in the name of a wrong person or where all the defendants have not been included, the Registrar or any other person to whom a dispute is referred for decision under section 72 may at any stage of the hearing of the dispute, if satisfied that the mistake was benefit order substitution of parties upon such terms as he may think just.

(c) The Registrar or any other person to whom a dispute is referred for decision under section 72, may at any stage of the proceedings, either upon or without the application of any party and on such terms as amy appear to the Registrar or any other person deciding a dispute as the case may be to be just order the removal of the name of any party improperly included in the dispute and substitution of the name of any person who ought to have been included in the dispute or whose presence before the Registrar or any other person deciding the dispute as the case may be, may be necessary for effectually and completely adjudicating upon and setting all the question involved in the dispute.

(d) Any person who is a party to the dispute entitled to more than one relief in respect of the same cause of action may claim all or any or any of such reliefs ; but if the omits to claim for all such reliefs, he shall not forward a claim for any relief so omitted, except with the leave of the Registrar or any other person to whom a dispute is referred for decision.
 

108. (1) In exercising the function conferred by under this Act, the Government, the Registrar the arbitrator or any other person deciding a dispute and the liquidator or an auditor of a society shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters namely;-

(a) summoning and enforcing the attendance of any person and examining him on oath.

(b) Requiring the discovery and production of any document;

(c) Proof of facts by affidavits; and

(d) Issuing commissions for examination of witness.

(2) In the case of any affidavit, any officer appointed by the Government the Registrar the arbitrator or any other person deciding a dispute or the liquidator or the auditor as the case may be may administer the oath to the deponent.

109. (1) Save as provided in this Act, no civil or revenue court shall have any jurisdiction in respect of

a) the registration of a society or bye – laws or of an amendment of a bye-laws;

(b) the removal of a committee:

(c) any dispute required under section 72 to be referred to the Registrar or order for payment of moneys under section 85.

(2)While a society is being wound up, no suit or other legal proceeding 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 Register 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 or on any ground whatsoever.

110. The provision of sections 4, 5, 12 and 14 of the Limitation Act,1963 shall be applicable to the filing of any appeal or application for revision under this Act.

111. The Government may by general of special order; published in the official Gazette example any society or any class of societies from any of the provisions of this Act or may direct that such provision shall apply to such society or class of societies with such modifications as may be specified in the order.

112. Every notice or order issued or made under this Act, may be served on any person, by properly addressing it to the last known place of residence or business of such person prepaying and posting by registered post a letter containing the notice or order and unless the contrary is proved service shall be deemed to have been effected at the time at which the letter would be delivered in the ordinary course.

113. No suit shall be instituted against a society or any of its officers in respect of any act touching the constitution, management or 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 cause of action the name description and place of residence of the plaintiff and the relief which he claims; and plaint shall contain a statement that such notice has been so delivered of left.

114. No suit prosecution or order legal proceeding shall lie against the Registrar or any person subordinate to him or acting under his authority in respect of anything in good faith done or purporting to have been done under this Act.

115. The provision of the Companies Act, 19 56 shall not apply to societies.
 

116.(1) Any society which is existing as on date of coming into force of this Act, and which has been registered under the Sikkim co-operative Societies Act.

1955 or under any other law relating to co-operatives societies in force in the State of Sikkim shall be deemed to have been registered under this act, and its bye-laws shall, so far as the same are not inconsistent with the express provisions of this Act, continue in force until altered or rescinded.

(2) All appointments rules and orders made notifications and notices issued and suits and other proceedings institute under the Sikkim Co-operative Societies Act. 1955 shall be deemed to have been respectively made issued or instituted under this Act, unless duly revoked or cancelled.

117. (1) The Government may, for the whole or any part of the State of Sikkim and for any class of Societies, after previous publication in the Gazette, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely;-

(a) the applicant to whom the order refusing the registration of a society may be sent by the Registrar:

(b) the procedure and conditions for change in the form and extent of the liability of a society.

(c) the matters in respect of which a society shall or may mark bye-laws;

(d) the procedure to be followed for amendment of bye-laws by a society;

(e) the qualification or disqualification of individuals who may be admitted as members of societies;

(f) the provision for a second or casting vote by the chairman of a meeting of society;

(g) the appointment by a society of one of its members to represent and vote on its behalf at a meting of another society of which it is a member;

(h) the maximum number of shares or portion of the share capital of a society which mat be held by an individual member.

(i) the procedure for the nomination of a person to whom the share or interest of a member on his death may be transferred or the value thereof may be paid.

(j) the mode in which the value of a deceased member’s share shall be ascertained;

(k) the election of members of committee by the general body of a society including the appointment of Returning Officers and the powers and function of such Returning Officers.

(l) the requisition of a general meeting of a society.

(m) the remuneration payable to a new committee or administrators appointed in place of a committee removed by Registrar.

(n) the qualifications or disqualification for membership of committee of a society, the authority competent to decide questions of disqualifications and appeals from such decisions.

(o) the qualifications of employees of societies.

(p) the prohibition against officers of a society being interested in contracts with society;

(q) the matters connected with the partnership of the Government in societies;

(r) the rate at which dividend may be paid by societies;

(s) the payment to be made to the Co-operative Education Fund by a society out of its net profits and mode of its investment;

(u) the objects of the reserve fund of a society and the mode of its investment,

(v) the mode of disposal of reserve fund of a society on its winding up

(w) the extent and conditions subject to which a society may receive deposits and loans.

(x)the restrictions on transactions by a society with non-members,

(y) the restriction on grant of loans by a society against its share

(z)the form and standards of fluid resources to be maintained by societies accepting deposits and granting cash credits.

(aa) the levy of audit fees on societies,

(bb) the Procedure to be followed in proceedings before the Registrar, arbitrator or other person deciding disputes

(cc) the conditions subject to which assets of a society shall vest in liquidator and the procedure to be adopted in winding up of a society.

(dd) the procedure for recovery of amounts due or payable on a society

(ee) the made of making attachment before judgement,

(ff) the procedure and conditions for the issue, redemption, reissue, transfer, replacement or conversion of bonds issued by a society.

(gg) the maximum amount of principal, the rate interest and other conditions for the guarantee of debentures bonds issued by a society

(hh) the procedure for the disposal and sale of property, mortgaged to a primary agricultural credit society or to be the State Co-operative Bank;

(ii) the immediate sale of perishable articles;

(jj) the manner of registering the address of a society;

(kk) the account books and registers to be kept a society and power of Registrar to direct the accounts and books to be written up,

(ll)the manner of certification of entries in the books of a society and of copies of documents kept by it in the course of its business,

(mm) the statements and returns to be furnished by societies to the Registrar:

(nn) the restrictions on persons appearing as legal practitioners:

(oo) the inspection of documents and the levy of fees granting certified copies thereof and

(pp) the matter expressly required or allowed by the Act to be prescribed

(3) Every rule made under this section shall immediately after it is made, be laid before the State Legislature if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, the House agrees, in making any modification in the rules or in the annulment of the rules, the shall thereafter only in such modified form or shall stand annulled, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

118. On the day on which this Act comes into force, the Sikkim Co-operative Societies Act, 1955 as in force in the State of Sikkim shall stand repealed:

Provided that the repeal shall not effect;-

(a) the previous operation of the Act so repealed or anything duly done so suffered there under; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the Act so repealed; or

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege obligation, liability, penalty, forfeiture to punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted; continued or enforced , any such penalty forfeiture or punishment may be imposed as if that Act had not been repealed

119. (1) If any difficulty arises in giving effect to the provisions of this Act in consequence of the transition to the said provisions from the provisions of the Acts in force immediately before the commencement of this Act, the Government may; by notification in the official Gazette, make such provisions as a appear to it to be necessary or expedient for removing the difficulty.

(2) If any difficulty arises in giving effect to the provisions of this Act (otherwise than in relation to the transition from the provisions of the Acts in force before the commencement of this Act), the Government may be notification make provisions, not inconsistent with the purpose of this Act, as appear to it to be necessary or expedient for removing the difficulty.

                                                                                            B. R. PRADHAN,
                                                                           Secretary to the Government of Sikkim
                                                                                Law and Legislative Department.
                                                                                           F. 16 (25) LL/77.