Bare ActsThe Bihar Co-operative Societies Act, 1935

Section 43

Appeal against the order of winding up

Amendment status not verified — confirm the current text below against the official source.

Appeal against the order of winding up.-'["(1) Any member of a Society or person/institution having interest in it, may appeal against an order passed under Section 42 to the State Government, within two months from the date of the publication of such order in the Official Gazette." (2) An order under section 42 shall not take effect until the expiry of two months from the date of the publication of such order in the official Gazette or, if an appeal be preferred, unless and until it is confirmed by notification on appeal. (3) The order of the State Government on appeal and, subject to the result of such appeal, if any, the order of the Registrar shall be final. Comments & case-law [The Registrar of Co-operative Societies has clearly no jurisdiction over a per- son who neither is not has been member of a Co-operative Society. but has jurisdic'tion over a past member under section 43 of this Act. It cannot be said that this award is without jurisdiction merely on the ground under the claim was barred by limitation or because the award was a second award in respect of the same debt which was the subject matter of prior award. These points are clearly within the Registrar's jurisdiction and the fact that the falls into an error of law in deciding them does not make his award any way less valid. Burhitola D. Co-op. Society vs. Shambhunath Singh, 23 PLT 104.)

Section 43 – The Bihar Co-operative Societies Act, 1935 | DailyLaw.ai