Law: Cooperative Societies Act, 1925

Section: 22

  Interpretation of statutes-- ---- Where a subordinate rule runs counter to the parent law or rules, that has to be ignored and the superior law or rules are to be given the effect---When specific rules regulate any particular eventuality then those specific rules would have overriding effect on the general practice, rules or bye-laws. Azad Jammu and Kashmir Rules of Business---- ----Azad Jammu and Kashmir Government Cooperative Bank Limited. Staff Service Rules,  1984,  R.  21---Registrar  Cooperative  Societies---Powers  and functions---Amendment in the Rules of Business whereby Registrar is shown as the Head of the Department, would not clothe the Registrar with the over lordship of the administration of the Bank---Heads of Departments, under the Rules of Business, were for regulating and transacting business of the Departments and to watch the working of the establishment so that business of the Department was conducted in accordance with rules---Head of Department had no authority to thwart or to destroy the autonomous character and working of the Department---Business of the Bank and service conditions of its employees were regulated by express rules and bye-laws; directions or orders of Registrar in contravention of the bye-laws or rules would not carry any legal effect for the sole reason of his being Head of the Department as entered in the Rules of Business. Azad Jammu and Kashmir Rules of Business-- ---- Azad Jammu and Kashmir Government Cooperative Bank Limited Staff Service Rules, 1984, R. 21---Orders of Registrar, Cooperative Societies whereby he reinstated in service an employee of the Bank and his direction to General Manager to negotiate the dispute with the owner of the house wherein bank was located---Validity---Both   orders passed by Registrar were without lawful authority and of no legal effect---Board of Directors of the Bank was the only competent authority to pass such orders---Even assuming that order of Board of Directors was subject to approval of the Registrar, there being no order of the Board, Registrar had no power to pass such orders---Orders passed by Registrar in reinstating employee of…