Co-operative Societies (Special Provisions)

Co-operative Societies (Special Provisions) AN ACT TO ENABLE FRESH APPLICATIONS TO BE MADE UNDER RULE 38 (13) OF THE CO-OPERATIVE SOCIETIES RULES, 1950, IN CERTAIN CASES; TO AMEND THE CO-OPERATIVE SOCIETIES ORDINANCE; AND TO MAKE PROVISION IN REGARD TO THE DECISIONS OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES ON CERTAIN APPEALS MADE TO HIM. UNDER SUCH ORDINANCE. Short title. 1. This Act may be cited as the Co-operative Societies (Special Provisions) Act, No. 24 of 1958. Fresh application under Rule 38 (13) of the Co-operative Societies Rules, 1950, may be made in certain cases. Cap. 124. 2. (1) Where any application made to a civil court under Rule 38 (13) of the Co-operative Societies Rules, 1950, published in Gazette No. 10,086 of March 24, 1950, for the enforcement of a decision of the Registrar of Co-operative Societies on a dispute or an appeal referred or made to him under section 53 of the Cooperative Societies Ordinance or the award of an arbitrator on a dispute referred to him under such section has been rejected, during the period specified in subsection (2), on the ground that such Rule is ultra vires of such Ordinance, a fresh application may be made under such Rule to a civil court for the enforcement of such decision or award notwithstanding anything to the contrary in any other law. (2) The period for the purpose of subsection (1) shall be that- Cap. 124. (a) commencing on May 16, 1956, when two Judges of the Supreme Court decided in the case of S. M. Don Nereus vs. Halpe Katana Co-operative Stores Society Limited (S. C. 170-D.C. Negombo, 16683) that Rule 38 (13) mentioned in sub section (1) was ultra vires of the Co-operative Societies Ordinance, and (b) ending on November 18, 1957, when the majority of five Judges of the Supreme Court decided in the case of The Pinikahana Kahaduwa Co-operative Society Limited vs. P. M. Herath (S. C. 118-D.C. Balapitiya, 220) that the aforesaid Rule 38 (13) was intra vires of the Co-operative Societies Ordinance. Amendment of section 53 of the Co-operative Societies Ordinance. 3. Section 53 of the Co-operative Societies Ordinance is hereby amended by the insertion, immediately after subsection (3) of that section, of the following new subsection: – ” (3A) No party to any appeal made to the Registrar under subsection (3) shall be entitled, either by himself or by any representative, to appear before and be heard by the Registrar on such appeal.”. Provision in regard to the decisions of the Registrar of Co-operative Societies on certain appeals. 4. Where before the commencement of this Act the Registrar of Co-operative Societies has decided any appeal under subsection (3) of section 53 of the Cooperative Societies Ordinance without having given the parties to such appeal an opportunity of being heard by him on such appeal, such decision shall not be deemed to have been or to be invalid by reason only of the fact that such opportunity had not been given: Provided that the preceding provisions of this section shall not apply to the decision of the Registrar of Co-operative Societies on such appeal made to him under subsection (3) of section 53 of the Co-operative Societies Ordinance as is referred to in the case of S. M. Don Nereus versus Halpe Katana Co-operative Stores Society Limited (S.C. 170-D.C. Negombo, 16683) decided by the Supreme Court on May 16, 1956.