Court Rules

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Order 109 - Industrial and Provident Societies (Amendment) Act 1978

1. Every application under section 16 or section 26 of the Industrial and Provident Societies (Amendment) Act 1978, (referred to in this Order as “the Act”) shall be brought by special summons.

2. The summons shall be entitled in the matter of the Act and the relevant section and on the application of the person making it.  It shall state the particular grounds of the application and the relief sought.

3. Where the summons is issued by the Registrar of Friendly Societies it shall be served on the society or credit union (as the case may be) in respect of which the relief is sought.

4. Where the summons is issued by a society or credit union (as the case may be) it shall be served on the Registrar of Friendly Societies.

5. The proceedings may on the application of either party be heard in chambers.

6. Every application under section 14 or section 23 of the Act for an order to examine shall be by motion on notice, (or in urgent cases by ex parte application) entitled in the matter of the Act and the relevant section and on the application of the person making it.

7. Every application for winding-up a society under section 19 of the Act shall be made in accordance with the provisions of Order 74 as if the society were a company, subject to any necessary modifications.