Amendment status not verified — confirm the current text below against the official source.
Liability of past members.-Notwithstanding anything contained in sections 53 and 54, the liability of past members and of the estates of deceased members shall in all cases be subject to the provisions of sections 32 and 63. 68] Bihar Co-operative Societies Act, 1935 [ Sec. 56 [56. Power of revision by Registrar.-The Registrar may, on application or of his own motion, revise any order passed by a person exercising the powers of a Registrar or by a liquidator under section 44 provided such order has been passed within a period not exceeding six months : Provided that the Registrar shall have no power to revise any order against which appeal has been provided under provisions of this Act." Comments & case-law [There is no period of limitation provided for exercise of the power by the Registrar or for the filing of an application to this effect. Sahebganj Motor Transport Coop. Societies Ltd. vs. Registrar, Co-op. Societies, AIR 1973 Pat. 77; 1972 BLJR 455. The provisions of section 56 are not in pari materia with those of section 65.A of the Act, and section 56 has not such an overriding effect, as section 65-A. Section 65-A does nothing more than instead of the Registrar deciding the election dispute by referring to an officer subordinate to him, the State Government has been given power to recall an election dispute from the Registrar in appropriate cases. Section 48 itself puts no bar on transfer and authorises the Registrar to transfer such of the cases as he may deem fit and proper. Similar power is being exercised under Section 65-A by the State Government of recalling such election disputes from the Registrar as the State Governments may consider proper. That will not amount to any discrimination under Article 14 of Constitution. Hare Krishna Upadhyaya vs. State of Bihar, 1979 BLJ 141 . Section 56 has got no application to orders passed by a person exercising the powers of a Registrar u/s 48 of the Act. Din Dayal Singh vs. Biscomaun, AIR 1967 Pat. 179; 1976 PLJR 130. A right of appeal to the Registrar is given to persons aggrieved by decisions given in disputes transferred or fererred by the Registrar. Registrar can revise under section 56, only the case decided by him under section 48 (2) (a). Section 56 is not attracted in case of appellate orders passed by Joint Registrar, and a revision application against order by another officer under section 48 (6) exercise rig powers of Registrar is not maintainable. Raghav Jha vs. Registrar, Co-operative Societies, AIR 1983 Pat. 137: 1983 BRLJ 75. Order passed in exercise of revisional powers in absence of written notice to parties to make their representation is invalid and should be quashed under Article 226 of the Constitution of India. The requirement of written notice cannot be dispensed with by relying upon absence of prejudice and imputation of knowledge to affected party. C.A. T.A. Sales Co-op. Society vs. Government of A.P., AIR 1977 SC 2313: (1977) 4 sec 337. · The Registrar of Co-operative Societies has no power to review his own order, passed earlier after due consideration, Jai Mahabit Co-op. Housing Society Ltd. vs. P.K. Narbheram, AIR 1987 SC 1513: (1987) 1 SCC 549.] A bare reading of these relevant provision clearly manifests the legislative intent that the Registrar on reference, himself may decide the dispute or transfer it for disposal to a person exercising powers of the Registrar on his behalf. If he himself decides the dispute u/s 48 (3) the question of either appeal or revision does not arise except to revise his judgment. This dichotomy is to be maintained when revisional power is exercised by the Registrar. The power of revision is conferred expressly only on an application or suo-moto against any order passed by a person exercising the power of a Registrar. Yogendra Prasad vs. Additional Registrar, 1992 (1) PLJR 9 (SC). The Additional Registrar as a delegate of the Registrar is clearly within his