TMI Blog1992 (8) TMI 280X X X X Extracts X X X X X X X X Extracts X X X X ..... d Orissa Co-operative Societies Act, 1935 (hereinafter referred to as the Act) has to be excluded from the purview of Section 48 of the Act. 2. Special leave is granted.. 3. The facts relevant for the decision of this appeal are in a short compass. The respondent No.1 was Depot Manager under the appellant Marketing Union Limited and during his tenure as such, a shortage of coal was detected. A claim was accordingly made for the said loss by the appellant and a reference was made to the Assistant Registrar, Co-operative Societies respondent No.3, under Section 48 of the Act. The Assistant Registrar absolved the respondent No.1 from the alleged liability and an appeal was filed by the appellant under Section 48(6) of the Act before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any past or present officer of the society has either made a payment contrary to law or has been guilty of misappropriation or of having committed similar acts detailed therein, the Registrar may inquire into the matter and make an order requiring him to contribute an appropriate sum by way of compensation to the assets of the society. The second Proviso to sub-section (1) of the said section says that no such order shall be passed in respect of any act or ommission which had occurred more than six years earlier. The provisions of sub-section (1) of Section 48 (omitting the explanations which are not relevant for the present issue) dealing with Disputes are in the following terms: (1) If any dispute touching the business of a registere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r under Section 48. The argument, however, is that since the matter is covered by Section 40, Section 48 should be held to be inapplicable. The High Court agreed and made the following observations:- It is well-known proposition of law that when a matter falls under any specific provision then if must be governed by that provision and not by general provisions (Generalia specialibus non- derogant) . The High Court has in its judgement assumed that whenever a specific remedy is made available in law the other remedy, more general in nature, necessarily gets excluded. 6. Validity of plural remedies, if available under the law, cannot be doubted. If any standard book on the subject is examined, it will be found that the debate is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iso under Section 40 (1), which reads thus:- Provided further that no order shall be passed under this sub-section in respect of any act or omission mentioned in clauses (a), (b), (c) or (d) except within six years of the date on which such act or omission occurred. It will be observed that the six years rule of limitation, however, is limited for the purpose of section 40, and cannot govern the reference under section 48. The relevant provision of section 48 is to be found in the Proviso to section 48(1) which has been quoted above. For determining its impact on the present case it is necessary to examine the Proviso closely. Firstly, both the Proviso and section 63 of the Act are concerned only where the claim is against a membe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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