MEMBERS AND THEIR RIGHTS AND LIABILITIES
19.
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Conditions
to be complied with for admission for membership, etc:-
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No person shall be
admitted as a member of a society unless,—
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(i)
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he has applied in writing in the form laid down by the
society or in the form specified by the Registrar, if any, for membership;
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(ii)
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his application is approved by the committee of the
society in pursuance of the
powers conferred on it in that behalf and subject to such resolution as the
general body of members may in pursuance
of the powers conferred on it in that behalf from time to time pass and in
the case of nominal, associate or sympathiser member, by an officer of the
society authorised in that behalf by the committee;
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(iii)
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he has fulfilled all other conditions laid down in the
Act, the rules and the by-laws;
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(iv)
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in case of a firm, company or body corporate, society
registered under the Societies Registration Act, I860, a public trust
registered under any law for the time being in force relating to registration
of public trusts or a local authority, the application for membership is
accompanied by a resolution authorising it to apply for such membership.
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19A.
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Procedure for tendering application to the Registrar
for membership under section 23 (1-A):-
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1)
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Where a society has refused to accept the application for membership from eligible
person, such person shall tender an application to the Registrar in Form ‘H-1’ together with requisite share money and entrance
fee
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2)
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The Registrar, on receipt of such application, shall
forward the same to the society concerned together with requisite share money
and entrance fee within thirty days from the date of its receipt.
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3)
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The Society shall
take the decision
and communicate the
same to the applicant within sixty days from the date of receipt of such
application as provided in sub-rule (2) and if no decision is communicated to
the applicant within the said period of sixty days, the applicant shall be
deemed to have been admitted as a member of such society.
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(4)
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In case the society refuses to admit the applicant as its member, it
shall communicate the decision within the period of sixty days mentioned in
sub-rule (3) with reasons therefore and refund the share money and entrance
fee with such communication. If the society fails to refund the said amount,
it shall be liable to pay interest at 15% per annum on the said amount from
the date of such communication and the said amount if not paid, shall be
recovered as arrears of land revenue.
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20.
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Procedure for admission of joint members and minor and persons of
unsound mind inheriting the share or interest of deceased member.-
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(1)
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A society may
admit joint members provided they make a declaration in writing that the
person whose name stands first in the share certificate shall have the right
to vote and all the liabilities will be borne jointly and severally by them
as provided in the Act, rules and by-laws.
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(2)
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In accordance with the procedure laid down in its by-laws and these
rules for admission of any member, a society may admit minors and persons of
unsound mind inheriting share or interest of deceased members as its members
through their legal representatives or guardians, respectively. The members
so admitted will enjoy such rights and liabilities through such legal
representatives or guardians as are laid down in the bylaws of the society
that are consistent with the Act and rules.
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21.
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Withdrawal of Membership: -
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(1)
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Subject to the provisions of the Act, the rules and the by-laws of the
society, a member may withdraw from the society after giving three months'
notice to the Secretary of the society of his intention to resign his
membership of the society.
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(2)
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No resignation of a membership shall be accepted by the
society unless the member has paid in full, his dues, if any to the society
and has also cleared his liability, if any, as surety to any other member or
otherwise.
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(3)
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The withdrawal from membership shall also be subject to
such restrictions regarding the maximum amount of share capital that can be
refunded in a year or as may have been provided for in the Act, the rules or
by-laws of the society.
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(4)
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Any member, whose
resignation has been
accepted by the
society, or any heir or legal representative of a deceased member, may demand refund
of the share capital held by such member or deceased member and the society
shall, subject to the provisions of sub clause (3) of Section 29 and subject to the provisions of
the by-laws, refund the amount within six months from the acceptance of the
resignation or, as the case may be, the date of demand made by the heir or
legal representative of the deceased member.
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(5)
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In all the cases where share capital is to be refunded,
valuation of the shares to be refunded shall be made in accordance with the
provisions contained in Rule 23.
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22.
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Voting rights of individual members in a Federal
Society:-
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(1)
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In the case of Federal Societies, the voting rights
of individual members (which term shall include firm, company or body
corporate, society registered under Societies Registration Act, I860, State
Government, local authority and public trust registered under any law for the
time being in force relating to registration of public trusts but shall not
include a society) may be regulated as follows :-
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(a)
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Immediately after the 30th June of every year and as
soon as possible before the annual general meeting, individual members
admitted to membership up to the 30th June of the preceding year (hereinafter
referred to as "the relevant date"), shall elect delegates equal to
one-fourth of the number of societies admitted to membership up to the
relevant date or one delegate for every twenty-five individual members
(fractions being neglected) whichever is less. The delegates so elected will
continue in office till their successors are elected after 30th June next.
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(b)
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Every society through its properly authorised
representative and every delegate referred to in clause (a) above shall have
one vote in the general meeting.
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(c)
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The quorum for the meeting shall be one-fifth of the
total number of delegates and representatives of the societies or 25
whichever is less :
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Provided that the delegates shall not at any time in the meeting
exceed one-fourth of the number of representatives of the societies.
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(d)
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The election of delegates shall be held in accordance with the
provisions of the by-laws.
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(e)
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Any vacancy of a delegate caused on account of
cessation of membership shall be filled by the delegates by co-opting one of
the individual members.
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(2)
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Unless otherwise provided by the Registrar in respect of any
particular society, the delegates on the committee or the Board of Directors,
as the case may be, shall not at any time exceed one-third of the number of
representatives of societies (fraction being neglected).
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23.
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Valuation of shares: -
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(1)
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Where a member of society ceases to be a member
thereof, the sum representing the value of his share or interest in the share
capital of the society to be paid to him or his nominee, heir or legal
representative, as the case may be, shall be ascertained in the following
manner, namely, —
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(i)
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In the case of a society with unlimited liability, it
shall be the actual amount received by the Society in respect of such share
or interest;
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(ii)
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In the case of a society with limited liability, it
shall be the amount arrived at by a valuation based on the financial position
of the society as shown in the last audited balance sheet preceding the
cessation of membership :
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Provided that the amount so ascertained shall not exceed the actual
amount received by the society in respect of such share or interest.
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(2)
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Where a person is allotted a share by a society, the payment required
to be made therefore shall not exceed the face value of the share
notwithstanding anything contained in the by-laws of the society.
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(3)
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When a share is transferred by a member to another member duly
admitted as a member of a society, the transferee shall not be required to
pay anything in excess of the value of the share determined in accordance
with sub-rule (1).
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24.
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Procedure for transfer of shares:-
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(1)
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No transfer of shares shall be effective unless,—
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(a)
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it is made in accordance with the provisions of the
by-laws;
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(b)
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a clear fifteen days' notice in writing is given to the
society indicating therein the name of the proposed transferee, his consent,
his application for membership, where necessary, and the value proposed to be
paid by the transferee;
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(c)
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all liabilities of the transferor due to the society
are discharged; and
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(d)
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the transfer is registered in the books of the society.
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(2)
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Any charge in favour of the society on the share so
transferred will continue unless discharged otherwise.
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25.
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Nomination of persons:-
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(1)
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For the purpose of transfer of his share or interest under sub-section (1) of Section 30, a member of a
society may, by a document signed by him or by making a statement in any book
kept for the purpose by the society nominate any person or persons. Where the
nomination is made by a document, such document shall be deposited with the
society during the member's life time and where the nomination is made by a
statement, such statement shall be signed by the member and attested by one
witness.
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(2)
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The nomination made under sub-rule (1) may be revoked
or varied by any other nomination made in accordance with that sub-rule.
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(3-i)
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Where a member of a society has not made any
nomination, the society shall on the member's death, by a public notice
exhibited at the office of the society, invite claims or objections for the
proposed transfer of the share or interest of the deceased within the time
specified in the notice.
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(ii)
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After
taking into consideration the
claim or objections
received in reply to the notice or otherwise, and after making such inquiries as the
committee considers proper in the circumstances prevailing, the committee
shall decide as to the person who in its opinion is the heir or the legal
representative of the deceased member and proceed to take action under
Section 30.
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26.
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Registration of nominations:-
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The name and address of every person nominated for the purposes of sub-section (1) of Section 30 and
any revocation or variation of such nomination shall be entered in the
register kept under Rule 32.
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27.
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Supply of copies of documents by societies and fees therefore:-
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(1)
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A member of a society
requiring a copy of any of the documents mentioned in sub-section (1) of
Section 32 may apply to the society for the same. Every such application
shall be accompanied by a deposit of such amount as may be decided by the
committee for recovering the cost of preparing the copies according to the
following scale, namely :-
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for every 200 words or less—
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English 1[40 Paise]
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Regional language 1[50 Paise]
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On receipt of the deposit, the
society shall issue a receipt for the same.
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(2)
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Where the copies are prepared, the amount due from the member
according to the scale laid down in sub-rule (1) shall be retained by the
society as copying fees and the surplus amount, if any; remaining Lout of the
deposit shall be refunded to the member at the time of supplying copies.
Where the amount deposited by the member is found to be insufficient to cover
the copying fees, the member shall be called upon to pay the deficit before
taking delivery of the copies.
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(3)
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The copies shall be certified and signed as true copies by any person
duly authorised in this behalf by the committee or under the by-laws of the
society.
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28.
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Expulsion of Members:-
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Any member who has been persistently defaulting payment of his dues or has been failing to comply with the
provisions of the by-laws regarding sales of his produce through the society,
or other matters in connection with his dealings with the society or who, in
the opinion of the committee, has brought disrepute to the society or has
done other acts detrimental to the interest or proper working of the society
may, in accordance with the provisions of sub-section (1) of Section 35, be expelled from the society.
Expulsion from membership may involve forfeiture of shares held by the
member.
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29.
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Procedure for expulsion of members:-
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(1)
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Where any member of a society
proposes to bring a resolution for expulsion of any other member, he shall
give a written notice thereof to the Chairman of the society. On receipt of
notice or when the committee itself decides to bring in such resolution, the
consideration of such resolution shall be included in the agenda for the next
general meeting and a notice thereof shall be given to the member against
whom such resolution is proposed to be brought, calling upon him to be
present at the general meeting to be held not earlier than a period of one
month from the date of such notice and to show cause against expulsion to the
general body of members. After hearing the member, if present, or after
taking into consideration any written representation which he might have
sent, the general body of members shall proceed to consider the resolution.
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(2)
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When a resolution passed in accordance with sub-rule (1) is sent to
the Registrar or otherwise brought to his notice, the Registrar may consider
the resolution and after making such enquiries as he may deem fit, give his
approval and communicate the same to the society and the member concerned.
The resolution shall be effective from the date of such approval.
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30.
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Inspection of documents in the Registrar's office by members of
societies and the scale of fees for supply of copies of documents:-
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A member of a society
or any member of the public may inspect the following documents in the office
of the Registrar free of charge, and may obtain certified copies thereof on
payment of the following fees—
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Documents
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Fees
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(i)
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Application for registration of society
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40
paise for every 200 words or less in English and 50 paise for every 200 words
or less in Marathi.
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(ii)
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Certificate of registration
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Do.
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(iii)
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By-laws of societies
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Do.
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(iv)
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Amendment of by-laws of a society
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Do.
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(v)
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Order of cancellation of the
registration of a society
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Do.
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(vi)
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Audit memorandum of a society
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Do.
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(vii)
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Annual balance sheet
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Do.
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(viii)
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Order under Section 88
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Do.
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(ix)
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Order of supersession of a
committee or removal of any member thereof
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Do.
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(x)
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Order referring a dispute for
decision
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Do.
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(xi)
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Any other order against which an
appeal is provided
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Do.
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