Section 000 in Andhra Pradesh Co-Operative Societies Rules, 1964
000.
(4)the Registrar, the arbitrator or other person deciding the dispute shall record a brief note of the evidence of the parties and witnesses who attended and upon the evidence so recorded, and after consideration of any documentary evidence produced by the parties, shall pass a decision in accordance with justice, equity and good conscience, and such decision given shall be in writing. In the absence of any party duly summoned to attend, the dispute may be decided ex-parte.(5)(a)A person referring a dispute under sub-sec. (1) of Section 61 of the Act or preferring an appeal under sub-section (1) of Section 76 of the Act, shall deposit in advance the fees mentioned in Rule 48 for deciding the dispute or an appeal, as the case may be.(b)The Registrar, arbitrator or other person deciding a dispute under sub-section (4) of Section 62 of the Act and the Tribunal deciding an appeal under sub-section (1) of Section 76 of the Act shall have power to order the costs incurred in determining such dispute or appeal to be paid either out of the funds of the society by such party or parties to the dispute or appeal as he or it may think fit.(c)[ The Registrar or the Tribunal may in his or its own discretion remit the whole or any part of the fees deposited under Clause (a)] [Substituted by G.O.Ms.No. 1802, F & A, dated 2-7-1965.].(6)Save as provided in sub-rule (7)(a)on an application to the Registrar of the district, in which the cause of action arose, the decision shall be enforced as provided in Rule 52 ,(b)on a requisition to the Collector of the district or to any person authorised by him in this behalf, made by the Registrar of Co-Operative Societies all sums recoverable under the decision shall be recovered in the same manner as arrears of land revenue ;(c)on an application to the Civil Court having jurisdiction over the subject matter of the decision that Court shall enforce the decision as if it were a final decree of the Court.(7)Where the decision is for the delivery of possession to a society of land resumed by it from a member for breach of conditions of the assignment the society may apply to the Registrar of the district in which the land is situated for enforcement of the decision. On such application the Registrar of the district or sale officer empowered by him shall deliver possession of the land to the society or to such person as it may appoint to receive delivery on its behalf by removing, if necessary, any person bound by the decision who refuses to vacate the land.(8)[(a) The Registrar of the district, to whom an application for enforcing a decision has been made under Clause (a) of Sub-rule (6) may, for reasons to be recorded in writing, send such decision to a Civil Court of competent jurisdiction for execution and that Court shall execute the same as if it were a final decree of that Court.(b)The Civil Court to which a decision has been sent for execution under Clause (c) of Sub-rule (6) shall on the application of person in whose favour the same was passed or on the requisition of the Registrar of the district, return such decision to such person or Registrar, as the case may be in the manner provided in Rule 6 of Order XXI of the First Schedule to the Code of Civil Procedure, 1908.(9)Any dispute referred to the Registrar under Section 61 of the Act, shall ordinarily be disposed of within a period of six months from the date of such reference.] [Sub-rule (8) was omitted, sub-rules (9) and (10) were renumbered as sub-rules (8) and (9) respectively and the proviso was added by G.O.Ms. No. 2804, F & A, dated 24.11.1965.][Proviso omitted by G.O.Ms.No. 147, (Co-op.-IV) dated 9-3-1988].[49A. Procedure regarding disposal of appeals by Tribunal. - The proceedings of the Tribunal shall be summary and shall be governed as far as practicable by the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908)] [Inserted by G.O.Ms. No. 1808, F & A., dated 2-7-1965.].[49B. A dispute relating to or in connection with any election to the office of the President of a Primary Society, a Committee, a member of a committee or an officer shall be preferred to the Tribunal having jurisdiction over the place where the main office of the society is situated within_ one month from the date of declaration of results of such election and such dispute shall be disposed of within a period of four months from the date of filing of the dispute.] [Substituted by G.O.Ms.No. 37, Agriculture & Coop. (Co-Operative IV), dated 28-1-2002.]
