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State of Karnataka - Section

Section 105A in Karnataka Co-Operative Societies Act, 1959

105A. [ Appeals relating to admission of members to societies. [Section 105A inserted by Act 40 of 1964 w.e.f. 26.06.1965.]

(1)Any person who has made an application for admission as a member under sub-section (3) of section 16 may appeal to the Registrar against any refusal of the co-operative society to admit him as a member or against any failure on its part within the period referred to in sub-section (4) of section 16 to admit him as a member or to send a notice of its refusal to admit.
(2)Every appeal under sub-section (1) shall be made by a petition in writing within sixty days by the person seeking admission of the communication of refusal, or within sixty days on which the admission shall be deemed to have been refused under sub-section (4) of section 16 as the case may be. [***]
(3)The Registrar shall, after causing reasonable notice to be given to the co-operative society and also to the person seeking admission, and giving them a reasonable opportunity to make their representations, if any, in writing, by order, direct either that the person shall be admitted by the co-operative society or that he need not be admitted by the society, and in the former case the co-operative society shall give effect to the decision within ten days of the receipt of the order.
(4)Before making an order under sub-section (3) on an appeal against any refusal of the co-operative society to admit a person as a member, the Registrar may require the co-operative society to disclose to him the reasons for such refusal and on the failure or refusal of the co-operative society to disclose such reasons, the Registrar may presume that the disclosure if made would be unfavourable to the co-operative society. [The Registrar shall dispose of every appeal as expeditiously as possible.] [Inserted by Act 39 of 1975 w.e.f. 23.09.1975.]
(5)All proceedings in appeals under this section or in relation thereto shall be confidential, and no suit, prosecution or other legal proceedings shall lie in respect of any allegation made in such proceedings, whether orally or otherwise.]