Encyklopädie der Rechtswissenschaft: Encyklopädie der Rechtswissenschaft

Encyklopädie der Rechtswissenschaft (Bd. 2)

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Multivolume work

Identifikator:: 1896404200

Document type:: Multivolume work

Title:: Encyklopädie der Rechtswissenschaft

Place of publication:: Leipzig

Publisher:: Duncker & Humblot [u.a.]

Year of publication:: 1904-

Collection:: Economics Books

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Volume

Identifikator:: 1896404294

URN:: urn:nbn:de:zbw-retromon-236881

Document type:: Volume

Title:: Encyklopädie der Rechtswissenschaft

Volume count:: Bd. 2

Place of publication:: Leipzig [u.a.]

Publisher:: Duncker & Humblot [u.a.]

Year of publication:: 1904

Scope:: 1184 S.

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: II. Zivilrecht (Fortsetzung)

Collection:: Economics Books

110 MAJORITY REPORT. SE ployers and supported to a substantial extent at the cost of the taxpayer, we concur in the view that the responsible department of the Central Government must be armed with adequate powers to insist on a proper standard of administration and to take effective action where any Approved Society falls short of administrative efficiency in any respect. 239. We feel that withdrawal of approval, though an appro- priate weapon for grave disorders is too drastic a remedy for minor irregularities and that, moreover, it involves a pro- cedure which may appear somewhat too formal where great issues are not at stake. We are also informed that the application of the penal provisions of the Friendly Societies Acts, to which reference has been made above has proved ineffective by reason of the fact that it involves proceedings in a court of summary jurisdiction, a course which the Department will always hesitate to take except in extreme cases (Kinnear 23,496). We have carefully considered what powers might appropriately be given to the Department to enable it to deal effectively with defective, methods of administration on the part of an Approved Society where the alleged defect is not of so serious a character as to warrant a charge of general maladministration. The first type of case which may be considered is that of a Society whose rules contain some provision prejudicial to the interests of the members or inconsistent with sound administration and which refuses to make the necessary amendment of its rules. There are also cases where the rules, being based on the original Act of 1911, and having undergone no subsequent amendment, can- not fail to mislead the members. We were informed that when in 1912 Societies were being granted approval at the rate of some hundreds a week, it was impossible for the examination of their rules to be undertaken with the full care and attention that was desirable and that as a result some unsatisfactory provisions were passed by inadvertence. Moreover it is to be remembered that the examination of rules in 1912 was carried through at a time when there was as yet no experience of the operation of the Act, ‘and that the desirability of amendment may only have become apparent in the light of later events. It appears that a few Societies persist in taking advantage of this position and refuse to give effect to the suggestions which have been made by the Department for the repeal or amendment of the rules in question. And as things are at present, when rules have once been sanctioned, the Minister has no power, apart from the exercise of tactful persuasion, to secure a subsequent amend- ment even when later legislation may have rendered certain rules wholly inoperative. AMENDMENT oF RULES. 240. We consider that provision should be made in the Act to empower the Minister, in any case in which the rules of a Society

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