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EXTRAORDINARY
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PART II — Section 1
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PUBLISHED BY AUTHORITY
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No. 19] NEW DELHI, MONDAY, SEPTEMBER 30, 2024/ASVINA 8, 1946 (Saka)
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Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 30th September, 2024/Asvina 8, 1946 (Saka)
THE DADRA AND NAGAR HAVELI AND DAMAN AND DIU
CO-OPERATIVE SOCIETIES REGULATION, 2024
No. 1 of 2024
Promulgated by the President in the Seventy-fifth Year of the Republic of
India.
A Regulation for registration, incorporation and management of Co-operative
Societies in the Union territory of Dadra and Nagar Haveli and Daman and
Diu and to repeal the Maharashtra Co-operative Societies Act, 1960 as
applicable to the erstwhile Union territory of Daman and Diu and the Gujarat
Co-operative Societies Act, 1961as applicable to the erstwhile Union territory
of Dadra and Nagar Haveli and for matters connected therewith or incidental
thereto.
In exercise of the powers conferred by article 240 of the Constitution, the
President is pleased to promulgate the following Regulation made by her:—
CHAPTER I
PRELIMINARY
1.(1) This Regulation may be called the Dadra and Nagar Haveli and Daman Short title, extent
and
and Diu Co-operative Societies Regulation, 2024.
commencement.
(2)It extends to the whole of the Union territory of the Dadra and Nagar Haveli
and Daman and Diu.
(3)It shall come into force on such date, as the Central Government may, by
notification in the Official Gazette, appoint.2 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
Definitions. 2.In this Regulation, unless the context otherwise requires,—
(a)“Administration” means the Administration of the Union territory of
Dadra and Nagar Haveli and Daman and Diu;
(b) “Administrator” means the Administrator of the Union territory of
Dadra and Nagar Haveli and Daman and Diu, appointed by the President under
article 239 of the Constitution;
(c) “auditor” means a certified auditor authorised and appointed by the
Registrar to audit the accounts of the society.
Explanation.––For the purposes of this clause, the expression “certified
auditor” means a person who is authorised by the Registrar under section 90;
(d) “authorised person” means any person duly authorised by the
Registrar to take action under the provisions of this Regulation;
(e) “Board” means the Board of Directors or the governing body of a
co-operative society, by whatever name called, to which the superintendence,
direction and control of the management of the affairs of a society has been
entrusted;
(f) “bye-laws” means the registered bye-laws for the time being in force
in the Union territory of Dadra and Nagar Haveli and Daman and Diu, and
includes amendment of such bye laws;
(g) “central bank” means a co-operative bank, the objects of which
include the creation of funds to be loaned to other societies, but does not
include the urban co-operative bank;
(h) “Chief Executive Officer” means a Chief Executive Officer or a
Manager or a Secretary or any other paid employee of a society appointed
under section 70;
(i) “Committee” means the Managing Committee or other governing
body of a society to which the direction and control of the management of the
affairs of a society is entrusted;
(j) “company" means a company as defined in the Companies Act, 2013 18 of 2013.
and includes a banking company, any board, corporation or other corporate
body, constituted or established by any Central Act, State Act or Provincial
Act for the purpose of development of any industry;
(k) “co-operative bank” means a society registered under this Regulation
and carrying on the business of banking as defined in clause (b) of sub-section (1)
10 of 1949.
of section 5 of the Banking Regulation Act, 1949;
(l) “co-operative election authority” means an authority constituted by
the Administrator under section 74;
(m) “co-operative information officer” means an officer appointed by a
society under sub-section (3) of section 37;
(n) “co-operative society” means a society registered or deemed to be
registered under the regulations and rules or any other law relating to
co-operative societies for the time being in force in the Union territory of
Dadra and Nagar Haveli and Daman and Diu;
(o) “custodian” means the custodian of a society to be appointed by the
Registrar under section 72;
(p) “Deposit Insurance Corporation” means the Deposit Insurance and
Credit Guarantee Corporation established under section 3 of the Deposit
47 of 1961.
Insurance and Credit Guarantee Corporation Act, 1961;Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
(q)“dividend” means the amount paid, out of the profit of a society, to
a member in proportion to the shares held by such member;
(r)“federal society” means a society—
(i) of which not less than five members are themselves societies;
and
(ii) in which the voting rights are so regulated that the members
which are societies have not less than four-fifths of the total number of
votes in the general meeting of such society;
(s)“firm” means a firm registered under the Indian Partnership Act, 1932;
9 of 1932.
(t) “General Body” means the individuals or institutions having
membership of respective societies;
(u) “legal heir” means any person, male or female, who is entitled to
succeed to the property of an intestate as per the relevant personal succession
law for the time being in force in the Union territory;
(v)“Liquidator” means a person appointed as Liquidator under section 115;
(w) “member” means a person joining in an application for the
registration of a co-operative society which is subsequently registered or a
person duly admitted to membership of a society after registration and
includes a nominal, associate or sympathiser member;
(x)“National Bank” means the National Bank for Agriculture and Rural
Development established under section 3 of the National Bank for Agriculture
61 of 1981. and Rural Development Act, 1981;
(y) “notification” means the notification published in the Official
Gazette and the expression “notified” shall be construed accordingly;
(z) “officer” means a person elected or appointed by a society to any
office of such society according to its bye-laws and includes a Chairperson,
Vice-chairperson, President, Vice-President, Managing Director, General
Manager, Manager, Secretary, Treasurer, Member of the Committee, and any
other person elected or appointed under this Regulation, the rules or the
bye-laws, to give directions in regard to the business of such society;
(za) “office bearer” means a President, Vice-President, Secretary or
Treasurer of a co-operative society and includes any other person to be elected
by the Board of any co-operative society;
(zb) “official assignee” means a person or body of persons appointed
under sub-section (2) of section 22;
(zc) “Official Gazette” means the Official Gazette of the Union territory
of Dadra and Nagar Haveli and Daman and Diu;
(zd) “prescribed” means prescribed by rules made by the Administrator
under this Regulation;
(ze) “rebate” means any payment made in cash or kind, out of the profits
of a society, to a member or any other person, on the basis of his contribution
to the business of the society;
(zf) “Registrar” means a person to be appointed as the Registrar of
co-operative societies under this Regulation, and includes—
(i) to the extent of the powers of the Registrar conferred on any
other person under this Regulation;
(ii)an Additional Registrar, Joint Registrar, Deputy Registrar and
Assistant Registrar;4 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(zg) “Reserve Bank” means the Reserve Bank of India constituted under
sub-section (1) of section 3 of the Reserve Bank of India Act, 1934; 2 of 1934.
(zh) “reserve fund” means a fund to be maintained by the society under
section 59;
(zi) “rules” means the rules made under this Regulation;
(zj) “Schedule” means the Schedule annexed to this Regulation;
(zk) “society” means a co-operative society registered, or deemed to be
registered, under this Regulation;
(zl) “society with limited liability” means a society having the liability
of its members limited by its bye-laws;
(zm) “Tribunal” means the Union territory Co-operative Tribunal
constituted under section 132;
(zn) “Union territory” means the Union territory of Dadra and Nagar
Haveli and Daman and Diu.
CHAPTER II
REGISTRAR AND REGISTRATION
Registrar and 3.(1) For carrying out the purposes of this Regulation, the Administrator shall
officers and appoint a person to be called the Registrar of co-operative societies for the Union
their powers.
territory.
(2) To assist the Registrar in his functions under this Regulation, the
Administrator may appoint such number of Additional Registrars, Joint Registrars,
Deputy Registrars, Assistant Registrars and other persons with such designations as
it may think fit.
(3)The Administrator may, by general or special order in writing and for the
reasons mentioned therein, confer on a person or persons appointed under
sub-section (2) all or any of the powers of the Registrar under this Regulation.
(4)Every person appointed under sub-section (2) shall work under the general
guidance, superintendence and control of the Registrar.
Societies which 4. A society established for,—
may be
registered. (i) promotion of the economic interests or general welfare of its
members, or of the public, in accordance with such co-operative principles as
specified in the Schedule; or
(ii)facilitating the operations of any such society,
may be registered under this Regulation:
Provided that, no society shall be registered, if it is likely to be economically
unsound, or the registration of which may have an adverse effect upon any other
society, or it is opposed to, or its working is likely to be in contravention of public
policy or which may have an adverse effect on development of the co-operative
movement, or the registration of which may be contrary to the policy directives
which the Union territory Administration may, from time to time, issue.
Registration 5. A society to be registered under this Regulation may be registered with
with limited limited liability.
liability.
Explanation.––For the purposes of this section, the expression “limited
liability” shall denote the same as is referred to in the Companies Act, 2013.
18 of 2013.Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
6. (1) No society, other than a federal society, shall be registered under this Conditions of
registration.
Regulation, unless it consists of at least ten persons or such higher number of
persons as the Registrar may, having regard to the objects and economic liability of
a society and development of the co-operative movement, determine from time to
time for a class of societies (each of such persons being a member of a different
family), who are qualified to be members under this Regulation, and who reside in
the area of operation of such society:
Provided that the Registrar may specify the norms and conditions for
registration of societies or class of societies.
(2)No federal society shall be registered, unless it has at least five societies as
its members.
(3)Nothing in this Regulation shall be deemed to affect the registration of any
society made before the commencement of this Regulation.
(4)The word “limited” shall be placed at the end of the name of every society
which is registered or deemed to be registered under this Regulation.
Explanation.–– For the purposes of this section, the expression “member of a
family” means a wife, husband, father, mother, grand-father, grand-mother, step-father,
step-mother, son, daughter, step-son, step-daughter, grand-son, grand-daughter, brother,
sister, half-brother, half-sister and wife of brother or half-brother.
7. Notwithstanding anything contained in this Regulation, the Administrator Power to exempt
may, by special order in writing in each case and for the reasons mentioned therein, societies from
conditions as to
exempt subject to such conditions, if any, as it may impose, any society from any of
registration.
the requirements of this Regulation as to registration of such society.
8.(1) For the purposes of registration of society, an application shall be made Application for
to the Registrar in the prescribed form and shall be accompanied by four copies of registration.
the proposed bye-laws of the society and the person by whom, or on whose behalf,
such application is made, shall furnish such information in regard to the society, as
the Registrar may require.
(2)The application shall be signed—
(a) in the case of a society other than a federal society, by at least ten
persons (each of such persons being a member of a different family) who are
qualified under this Regulation; and
(b)in the case of a federal society, by at least five societies.
(3)No signature to an application on behalf of a society shall be valid unless
the person signing it is a member of the Committee of such society, and is authorised
by such Committee by resolution to sign on its behalf the application for registration
of the society and its bye-laws; and a copy of such resolution is appended to the
application.
9.(1) On receipt of an application for registration from a society,— Registration and
provisional
(a) if the Registrar is satisfied that the society has complied with the registration.
provisions of this Regulation and the rules as to registration and that its
bye-laws are not contrary to this Regulation and the rules, he shall register the
society and its bye-laws; and
(b) without prejudice to the provisions of clause (a), the Registrar may
register a society if the aggregate value of the paid-up capital and provision of
reserves alongwith liquidity, exposure and other prudential norms specified in
the bye-laws of the proposed society in the business of thrift and credit are in
accordance with such guidelines as may be prescribed:6 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
Provided that the societies registered before the commencement of this
Regulation shall meet such norms within a period of five years from the date
of commencement of this Regulation:
Provided further that if the liquidity, exposure, prudential and other
parameters of the credit society do not meet such norms within the period
mentioned above, the Registrar shall have powers to issue such directions as
it deems appropriate to such society to take relevant action:
Provided also that in the case of bank, the aggregate value of the
paid-up capital and provision of reserves alongwith liquidity norms provided
in the bye-laws shall be such as may be laid down by the Reserve Bank from
time to time;
(c) if the Registrar is of the opinion that the application complies with
the requirements of section 8, but that its bye-laws are not in conformity with
the provisions of this Regulation and the rules made thereunder,
he may provisionally register the society and by an order in writing permit the
society to perform such functions subject to such conditions as he may specify in
the order and may also by an order in writing direct the society to amend, within the
period prescribed in this behalf, its bye-laws so as to bring them in conformity with
this Regulation and the rules made thereunder.
(2) When a society has been provisionally registered, the Registrar shall, on
its compliance with the order made under clause (b) of sub-section (1), finally
register it and its bye-laws and on its failure to comply with the order, cancel its
provisional registration:
Provided that the provisional registration of a society shall not be cancelled
unless such society has been given an opportunity of being heard in the matter.
(3) A provisionally registered society shall not be deemed to be a society
registered under this Regulation.
(4)On the registration of a society, the Registrar shall issue to it a certificate
of registration signed by him within a period of fifteen days from the date of
registration.
(5) A certificate of registration issued under sub-section (4) shall be the
conclusive evidence that the society mentioned therein is duly registered, unless it
is proved that the registration has been cancelled.
(6) If the Registrar refuses to register the society, he shall forthwith
communicate his decision with reasons therefor, to the person who has signed first
on the application.
(7) The application for registration of a society may be disposed of within a
period of three months from the date of its receipt.
10. The Registrar shall maintain a register in the prescribed form of all
Register of
societies. societies registered or deemed to be registered under this Regulation.
Power of 11. For the purposes of the formation or registration or continuance of a
Registrar to society or the admission of a person as a member of a society under this Regulation,
decide certain
when any question arises whether, a person is an agriculturist or non-agriculturist,
questions.
or whether any person is a resident in an island or group of islands, or whether two
or more islands shall be considered to form a group, or whether any person belongs
to any particular tribe, class or occupation, such question shall be decided by the
Registrar.
Classification 12. The Registrar may classify all societies into such classes and in such
of societies. manner as he thinks fit and the classification thereof shall be final on the societies.Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
13. (1) No amendment of the bye-laws of a society shall be valid until Amendment of
bye-laws of
registered under this Regulation.
society.
(2)For the purposes of registration of an amendment of the bye-laws, a copy
of the amendment passed, in the manner prescribed, at a general meeting of a
society, shall be forwarded to the Registrar.
(3)If the Registrar is satisfied that the amendment so forwarded is not contrary
to this Regulation or the rules, he may register the amendment:
Provided that no order refusing to register the amendment shall be passed
except after giving the society an opportunity of being heard in the matter:
Provided further that the application for registration of amendment of
bye-laws of a society shall be disposed of within a period of two months from the
date of its receipt.
(4) When the Registrar registers an amendment of the bye-laws of a society,
he shall issue to the society, the copy of the amendment certified by him within a
period of fifteen days from the date of registration of the amendment, which shall
be conclusive evidence of its registration.
(5)Where the Registrar refuses to register an amendment of the bye-laws of a
society, he shall communicate the order of refusal, together with his reasons therefor
within a period of fifteen days, to the society.
14. (1) If it appears to the Registrar that an amendment of the bye-laws of a Power to direct
society is necessary or desirable in the interest of such society or any bye-laws of amendment of
bye-laws.
the society are inconsistent with the provisions of this Regulation or rules made
thereunder and that amendment is necessary in such bye-laws, he may call upon the
society, in the manner prescribed, to make the amendment within such time as he
may specify.
(2)If the society fails to make the amendment within the time so specified, the
Registrar after giving the society an opportunity of being heard and with the prior
approval of the Administrator, may register the amendment, and shall thereupon
issue to the society a copy thereof certified by him.
(3) With effect from the date of the registration of the amendment in the
manner aforesaid, the bye-laws shall be deemed to have been duly amended
accordingly and the bye-laws as amended shall be binding on the society and its
members.
15. (1) Subject to the provisions of this Regulation and the rules made Change of name.
thereunder, a society may, by resolution passed at a general meeting, and with the
approval of the Registrar, change its name but such change shall not affect any right
or obligation of the society, or of any of its members, or of any of the persons who
have ceased to be members and any legal proceedings pending before any person,
authority or court may be continued by or against the society, under its new name.
(2)When a society changes its name, the Registrar shall enter the new name
in its place in the register of societies, and shall also amend the certificate of
registration accordingly.
16. (1) Subject to the provisions of this Regulation and the rules made Change of
thereunder, a society may, by passing a resolution and by amending its bye-laws, liability.
change the form or extent of its liability.
(2)When a society has passed a resolution to change the form or extent of its
liability, it shall give notice thereof in writing to all its members and creditors and,
notwithstanding anything in any bye-laws or contract to the contrary, any member
or creditor shall, during a period of thirty days from the date of service of such notice
upon him, have the option of withdrawing his investment in its shares, and his
deposits and loans, and of demanding the payment of his other dues, if any:8 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
Provided that conversion of society from limited to unlimited liability shall
not be permitted in any circumstances.
(3)Any member or creditor who does not exercise his option within the period
specified in sub-section (2), shall be deemed to have assented to the change.
(4) An amendment of the bye-laws of a society, changing the form or extent
of its liability, shall not be registered or take effect until, either—
(a)all members and creditors have assented, or deemed to have assented,
thereto as aforesaid; or
(b) all claims of members and creditors exercising the option, under
sub-section (2) have been complied in toto.
Amalgamation, 17. (1) Subject to the provisions of this Regulation and the rules made
transfer, thereunder and the previous sanction of the Registrar, a society may, by resolution
division or passed by two-thirds majority of the members present and voting at a special general
conversion of
meeting held for the purpose, decide—
societies.
(a)to amalgamate with another society or a society registered under the
Multi-State Co-operative Societies Act 2002; 39 of 2002.
(b)to transfer its assets and liabilities, in whole or in part, to any other society;
(c)to divide itself into two or more societies;
(d)to convert itself into another class of society; or
(e)to change its objects.
(2) Where the amalgamation, transfer, division or conversion referred to in
sub-section (1) involves a transfer of the liabilities of a society to any other society,
the Registrar shall not sanction the resolution of the society unless he is satisfied that—
(i)the society, after passing such resolution, has given notice thereof in
writing to all its members, creditors and other persons whose interests are
likely to be affected (hereafter, in this section referred to as “other interested
persons”), giving them the option to exercise within one month from the date
of the receipt of such notice, of becoming members of any of the new societies,
or continuing their membership in the amalgamated or converted society, or
of withdrawing their investments in its shares, their deposits and loans and
demanding payment of their other dues, if any;
(ii) all the members and creditors and other interested persons have
assented to the decision, or are deemed to have assented thereto by having
failed to exercise the option within the period specified in clause (i); and
(iii)all claims of members and creditors and other interested persons, who
exercise the option within the period specified, have been complied in toto.
(3)Notwithstanding anything contained in the Transfer of Property Act, 1882, 4 of 1882.
or the Registration Act, 1908, in the event of division or conversion, the registration 16 of 1908.
of the new societies or, as the case may be, of the converted society, and in the event
of amalgamation, on the amalgamation the resolution of the societies concerned
with amalgamation, shall in each case be sufficient conveyance to vest the assets
and liabilities of the original society or amalgamating societies in the new societies
or converted or amalgamated society, as the case may be.
(4)The amalgamation, transfer, division or conversion made under this section
shall not affect any right or obligation of the societies so amalgamated, or of the
society so divided or converted, or of the transferee, or render defective, any legal
proceedings which might have been continued or commenced by or against the
societies which have been amalgamated or divided or converted and accordingly such
legal proceedings may be continued or commenced by or against the amalgamated
society, the converted society, the new societies or the transferee, as the case may be.Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9
18.(1) Where the Registrar is satisfied that it is essential in the public interest or Power to direct
amalgamation
in the interest of co-operative movement, or for the purpose of securing proper
and re-organisation
management of any society that two or more societies should be amalgamated or that of societies in
any society should be re-organised, then, notwithstanding anything contained in public interest,
section 17 and subject to the provisions of this section, the Registrar may, after etc.
consulting such federal society as may be notified in this behalf by the Administrator,
by order published in the Official Gazette, provide for the amalgamation of these
societies into a single society or, as the case may be, for the re-organisation of that
society, with such constitution, property rights, interests and authorities, and such
liabilities, duties and obligations as may be specified in the order:
Provided that in case of a co-operative society carrying on the business of
banking, the amalgamation and re-organisation, shall be subject to the guidelines
issued by the Reserve Bank in this regard from time to time.
(2)The order referred to in sub-section (1) may also provide for—
(a) the constitution of the Committee of Management or any other
Committees of the new amalgamated or re-organised society;
(b) the persons who shall be, or continue to be, the officers of such
society; and
(c) the period after which such Committee or Committees may be
re-constituted.
(3)No order shall be made under this section unless,—
(a)a copy of the draft of the proposed order has been sent to the society
or each of the societies concerned;
(b)the Registrar has considered suggestions and objections if any received
either from the society or from any member or class of members thereof or from
any creditor or class of creditors within such period (not being less than one
month from the date on which the copy of the order as aforesaid was received
by the society) as the Registrar may fix in that behalf, and has, if necessary,
modified the same in the light of such suggestions and objections.
(4) The order referred to in sub-section (1) may contain such incidental,
consequential and supplemental provisions as may, in the opinion of the Registrar, be
necessary to give effect to the amalgamation or re-organisation.
(5) Every member of the societies so amalgamated, shall be deemed to be a
member of the new amalgamated society, and every member of the society so
re-organised shall be deemed to be a member of the new re-organised society and such
members shall have all rights, privileges and liabilities of the members of the
concerned new societies:
Provided that any member of the new society so amalgamated, or re-organised
may, within such period and in such manner as may be prescribed, resign his
membership of the new society and on such resignation, he shall be entitled to
withdraw his share and any other dues and interest in the society.
(6)On the issue of an order under sub-section (1) in respect of any societies or
society, notwithstanding anything contained in any other law for the time being in
force in the Union territory, all the assets, rights and liabilities of the amalgamating
societies, or, as the case may be, the original society which is re-organised shall stand
transferred to, and vest in, the new amalgamated society, or, as the case may be, the
new re-organised society.10 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(7)The provisions of sub-sections (3) and (4) of section 17 and section 19 shall
apply in relation to the amalgamation or re-organisation of the societies under this
section as if—
(i)the order of amalgamation was a resolution of societies concerned with
amalgamation; and
(ii)the original society was re-organised under section 17.
Cancellation of 19.Where two or more societies have been amalgamated, or a society has been
registration of divided or converted, the registration of such societies or society, as the case may be,
amalgamated,
shall be cancelled on the date of registration of the new society or societies so formed.
divided or
converted
societies.
Re-construction 20.Where a compromise or arrangement is proposed—
of societies.
(a)between a society and its creditors; or
(b)between a society and its members,
the Registrar may, on the application of the society or of any member or of any creditor
of the society, or in the case of a society which is being wound up, of the Liquidator,
order reconstruction of the society in such manner as may be prescribed.
Cancellation of 21.(1) The Registrar shall make an order cancelling the registration of a society,
registration. if it transfers the whole of its assets and liabilities to another society, or amalgamates
with another society, or divides itself into two or more societies, or if its affairs are
wound up or it has not commenced business within a reasonable time of its registration
or has ceased to function:
Provided that the registration of a society shall not be cancelled, unless such
society has been given an opportunity of being heard in the matter.
(2) An order made under sub-section (1) shall be published in the Official
Gazette.
(3)The society shall, from the date of such order of cancellation, be deemed to
be dissolved and shall cease to exist as a corporate body.
De-registration 22. (1) If the Registrar is satisfied that any society is registered on
of societies. mis-representation made by applicants, or where the work of the society is completed
or exhausted or the purposes for which the society has been registered are not served,
or any primary agricultural co-operative credit society using the word “bank”,
“banking”, “banker” or any other derivative of the word “bank” in its name, he may,
after giving an opportunity of being heard to the society, de-register the society.
(2)When a society is de-registered under the provisions of sub-section (1), the
Registrar may, notwithstanding anything contained in this Regulation or any other law
for the time being in force in the Union territory, make such incidental and
consequential orders including appointment of Official Assignee as the circumstances
may require.
(3)Subject to the provisions of this Regulation and the rules made thereunder,
the Official Assignee shall realise the assets and liquidate the liabilities within a period
of one year from the date he takes over the charge of property, assets, books, records
and other documents, which period may, at the discretion of the Registrar, be extended
from time to time, so however, that the total period does not exceed three years in the
aggregate.
(4) The Official Assignee shall be paid such remuneration and allowances as
may be prescribed and he shall not be entitled to any remuneration whatever beyond
the prescribed remuneration or allowances.Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11
23.(1) Any two or more societies may, with the prior approval of the Registrar, Partnership of
by resolution passed by three-fourths majority of the members present and voting at a societies.
general meeting of each such society, enter into partnership for carrying out any
specific business or businesses:
Provided that each member of each society has had clear ten days written notice
of the resolution, and the date of the meeting.
9 of 1932. (2) Nothing contained in the Indian Partnership Act, 1932 and Companies
18 of 2013. Act, 2013 shall apply to such partnership.
24. (1) Any society or societies may, with the prior approval of the Collaboration by
Administrator and subject to such terms and conditions as the Administrator may societies.
impose, and in such manner as may be prescribed, enter into collaboration with any
undertaking or any other undertaking approved by the Administrator for carrying on
any specific business or businesses, including industrial investment, financial aid or
marketing and management expertise.
(2) Before approving any such scheme of collaboration by any society or
societies under sub-section (1), the Administrator shall have due regard to the
following matters, namely:—
(a)that the scheme is economically viable;
(b) that it can be implemented without, in any way, eroding the
co-operative character of the society or the societies concerned; and
(c)that the scheme is in furtherance of the interests of the members of the
society or societies concerned, or is in the public interest, and in the interest of
the co-operative movement in general.
CHAPTER III
MEMBERS AND THEIR RIGHTS AND LIABILITIES
25.(1) Subject to the provisions of section 28, no person shall be admitted as a Person who may
member of a society unless such person is,— become member.
(a)an individual, who is competent to contract under the provisions of the
9 of 1872. Indian Contract Act, 1872;
(b)a firm, company, any Government company as defined in clause (45)
18 of 2013. of section 2 of the Companies Act, 2013, or any other body corporate constituted
under any law for the time being in force in the Union territory;
(c)a society registered, or deemed to be registered, under this Regulation;
(d)the Central Government;
(e)the Administrator;
(f)a local authority;
(g)a public trust registered or deemed to have been registered under any
other law for the time being in force in the Union territory;
(h)the depositor or the financial service user;
(i) a group of the individuals eligible under clause (a), whether
incorporated or not and whether established or not by or under any law for the
time being in force in the Union territory:
Provided that the provisions of clause (a) shall not apply to an individual seeking
admission to a society exclusively formed for the benefit of students of a school or a
college:12 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
Provided further that subject to such terms and conditions as may be laid down
by the Administrator by general or special order in writing, a firm or company may
be admitted as a member only of a society which is a federal or urban society or which
conducts or intends to conduct an industrial undertaking:
Provided also that any firm or company, which is immediately before the
commencement of this Regulation a member of a society deemed to be registered
under this Regulation, shall have, subject to the other provisions of this Regulation,
the right to continue to be such member on and after such commencement.
Explanation.—For the purposes of this section, the expression an “urban
society” means a society the business of which mainly falls within the limits of a
municipal corporation, municipality, cantonment or notified area committee.
(2)Every person seeking admission as a member of a society, if duly qualified
for membership of such society under the provisions of this Regulation, the rules and
the bye-laws of the society may make an application to the society for membership
and the society shall take decision on the application and shall communicate the
decision within a period of three months from the date of the receipt of the application.
(3) If the society does not communicate any decision to the applicant within
three months from the date of receipt of such application, the applicant shall be
deemed to have been admitted as a member of the society.
(4) If any question arises whether a person has become a deemed member or
otherwise, the same shall be decided by the Registrar after giving a reasonable
opportunity of being heard to all the concerned parties.
(5) Notwithstanding anything contained in sub-section (1), the Administrator
may, having regard to the fact that the interest of any person or class of persons
engaged in or carrying on any profession, business or employment conflicts or is likely
to conflict with the objects of any society or class of societies, by general or special
order published in the Official Gazette, declare that such person or such class of
persons shall be disqualified from being admitted, or for continuing, as members or
shall be eligible for membership only to a limited extent, of any society or class of
societies, so long as such person or persons are engaged in or carry on that profession,
business, or employment, and the question whether a person is or is not so engaged in
or carrying on any profession, business or employment or whether a person belongs
or does not belong to such class of person as declared under this sub-section and has
or has not incurred a disqualification under this sub-section shall be decided by the
Registrar under section 11.
(6)Where the Registrar has decided under section 11 that a person has incurred
a disqualification, he may, after conducting enquiry, by order, remove such person
from the membership of the society and such person shall cease to be a member of the
society.
Removal from 26. (1) Where a person becomes a member of any society on his making a
membership in declaration as required by the bye-laws of the society or otherwise and such
certain
declaration is found to be false, then such person shall be disqualified to continue as a
circumstances.
member of the society.
(2) Where a person continues as a member of the society notwithstanding the
disqualification incurred by him under sub-section (5) of section 25 or under
sub-section (1), he shall be removed from the society by the Registrar:
Provided that the Registrar shall, before making an order of removal give the
person an opportunity of being heard.Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13
27. (1) No society shall without a sufficient cause, refuse admission to Open
membership.
membership to any person duly qualified under the provisions of this Regulation and
its bye-laws.
(2)Where a society refuses to issue or accept the application for membership
from an eligible person for admission as a member, or the payment made by him in
respect of membership, such person may tender an application in such form as may
be prescribed together with payment in respect of membership, if any, to the Registrar,
who shall forward the application and the amount, if any, so paid, to the society
concerned within a period of thirty days from the date of receipt of such application
and the amount and thereupon, if the society fails to communicate any decision to the
applicant within a period of three months from the date of receipt of such application
and the amount by the society, the applicant shall be deemed to have become a
member of such society.
(3) If any question arises whether a person has become a deemed member or
otherwise, the same shall be decided by the Registrar after giving him an opportunity
of being heard.
(4)Any person aggrieved by the decision of a society, refusing him admission
to its membership, may prefer an appeal to the Registrar within a period of two months
from the date of the decision of the society and every such appeal, as far as possible,
be disposed of by the Registrar within a period of three months from the date of its
receipt and the decision of the Registrar in appeal shall be final.
28.(1) Notwithstanding anything contained in section 25, a society of such class Nominal,
as may be prescribed may admit any person as a nominal, associate, or sympathiser associate and
sympathiser
member:
member.
Provided that the total number of associate and sympathiser members in a
society shall not exceed ten per cent. of the total number of members thereof.
(2) A nominal, associate or sympathiser member shall not be entitled to any
share, in any form whatsoever, in the assets or profits of the society:
Provided that subject to the provisions of sub-section (7) of section 32, a
nominal, associate or sympathiser member shall have such rights and privileges of a
member and be subject to such liabilities of a member, as may be specified in the
bye-laws of the society:
Provided further that the nominal or associate or sympathiser member may be
issued non-voting shares which may not confer any interest in the management of the
society including right to vote, to be elected as a member of the Managing Committee
or participate in the general body meetings:
Provided also that in case of co-operative bank, such shares shall be issued in
accordance with the instructions issued by the Reserve Bank in this regard from time
to time.
29.A person shall cease to be a member of a society on his resignation from the Cessation of
membership.
membership thereof being tendered in writing to the society and accepted by the
society or on the transfer of the whole of his share or interest in the society to another
member, or on his death, or removal or expulsion from the society:
Provided that, the resignation of a person from the membership of a society, if
such member is not in debt to the society or is not a surety for an unpaid debt due to
the society, shall unless it is accepted earlier be deemed to have been accepted on the
expiry of one month from the date of tendering his resignation in writing to the society.
30. A member shall be entitled to exercise such rights as provided in this No rights of
Regulation and rules made thereunder and bye-laws: membership to
be exercised till
due payments
are made.14 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
Provided that, no member shall exercise the rights, until he has made such
payment to the society in respect of membership, or acquired such interest in the
society, as may be prescribed and specified under the bye-laws of the society, from
time to time:
Provided further that, in case of increase in minimum contribution of member
in share capital to exercise right of membership, the society shall give due notice of
demand to the members and reasonable period to comply with.
Duties of 31.It shall be the duty of every member of a society,—
member.
(a) to attend at least, one general body meeting within a consecutive period
of five years:
Provided that, nothing in this clause shall apply to the member whose
absence has been condoned by the general body of the society;
(b) to utilise minimum level of services at least once in a period of five
consecutive years as specified in the bye-laws of the society:
Provided that a member who does not attend at least one meeting of the general
body and does not utilise minimum level of services at least once in a period of five
consecutive years, as specified in the bye-laws of such society shall be classified as a
non-active member:
Provided further that when a society classifies a member as a non-active
member, the society shall communicate such classification in such manner as may be
prescribed to the concerned member within a period of thirty days from the date of
close of the financial year:
Provided also that a non-active member who does not attend at least one meeting
of the general body and does not utilise minimum level of services as specified in the
bye-laws, in next five years from the date of classification as a non-active member,
shall have no right to vote:
Provided also that a member classified as a non-active member shall, on
fulfilment of the eligibility criteria as provided in this section be entitled to be
re-classified as an active member:
Provided also that, if a question of a member being active or non-active arises,
an appeal shall lie to the Registrar within a period of sixty days from the date of
communication of such classification and his decision shall be final.
Voting powers 32.(1) No member of any society shall have more than one vote and the right
of member. to vote shall be exercised personally, and not by proxy:
Provided that in the case of an equality of votes, the Chairperson shall have a
casting vote.
(2)Where a share of a society is held jointly by more than one person, each such
person shall have, in the absence of preceding person or persons, a right to vote:
Provided that such person shall be present and not be a minor:
Provided further that where the manner of voting is by ballot, all the joint holders
of the share may appoint one of them to vote on their behalf in the affairs of the society.Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15
(3)A society which has invested any part of its funds in the shares of another
society, may appoint one of its members to vote on its behalf in the affairs of that other
society, and accordingly such member shall have the right to vote on behalf of the first
society:
Provided that the first society shall not appoint any of its members who is also
its paid employee.
(4) A company or any other body corporate constituted under any law for the
time being in force in the Union territory which has invested any part of its funds in
the shares of a society may appoint any one of its directors or officers to vote on its
behalf in the affairs of such society and accordingly such director or officer shall have
the right to vote on behalf of the company or the body corporate, as the case may be.
(5)Where a firm has invested any part of its funds in the shares of a society, any
of its partners appointed by the firm shall be entitled to vote in the affairs of the society
on behalf of the firm.
(6)A local authority or public trust which has invested any part of its funds in
the shares of a society may appoint any of its members or trustees to vote on its behalf
in the affairs of that society and accordingly, such person shall have the right to vote
on behalf of the local authority or the public trust, as the case may be.
(7)No nominal or sympathiser member shall have the right to vote and shall not
be eligible to be a member of a Committee or being appointed as a representative of
the society on any other society.
(8)The person who has committed a default and remains as such defaulter for a
period of one year from the due date of repayment of such loan or interest or instalment
shall not be entitled to vote as a member of a society till all repayments are made.
(9) No person shall exercise the right to vote at an election of a member of a
Committee in a financial year, unless he is a member of the society for the whole of
the financial year preceding the financial year in which the election is being held:
Provided that no member society of a federal society shall exercise the right to
vote at an election of a member of a Committee unless such society has its last
accounts audited in class A, B or C.
(10)Nothing in sub-section (9) shall apply to the first election of a Committee
to be held immediately after the registration of a society.
(11)The voting rights of individual members of a federal society shall be such
as may be regulated by the rules and bye-laws of the society.
33.No member of any society, other than the Administrator of a society shall Restrictions on
holding of
hold more than such portion, not exceeding one-fifth of the total share capital of the
shares.
society:
Provided that the Administrator may, by notification, specify in respect of any
class of societies, a higher maximum than one-fifth of the share capital.
34.(1) Subject to the provisions of section 33 and sub-section (2), a transfer of, Restrictions on
transfer of
or charge on, the share or interest of a member in the capital of a society shall be
shares or
subject to such conditions as may be prescribed. interest.
(2) A member shall not transfer any share held by him, or his interest in the
capital or property of any society, or any part thereof, unless,—16 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(a)he has held such share or interest for not less than one year; (7) A person under any such disability referred to in sub-section (6) shall,
on his disability ceasing, furnish to the society a declaration of his willingness to
(b) the transfer or charge is made to the society, or to a member of
become a member and on receipt of such declaration, the society,
the society, or to a person whose application for membership has been
notwithstanding anything contained in this section may, and if it is a
accepted by the society; and
co-operative housing society, admit him as a member, if he is not otherwise
(c)the Committee has approved such transfer. disqualified and a person so admitted shall become entitled to all the rights and
privileges of a member subject to liabilities like any other member of the
(3) Notwithstanding anything contained in sub-sections (1) and (2), where
society.
a member is allowed to resign, or is expelled, or ceases to be a member on
account of his being disqualified by this Regulation or by the rules made 36. The share or interest of a member in the capital of a society, or in the Share or interest
thereunder or by the bye-laws of the society, the society may acquire the share loan stock issued by a housing society, or in the funds raised by a society from not liable to
attachment.
or interest of such member in the share capital by paying for it at the value its members by way of savings deposits shall not be liable to attachment or sale
determined in the manner prescribed: under any decree or order of a court for or in respect of any debt or liability
incurred by the member and accordingly, neither a Receiver under the
Provided that the total payment of share capital of a society in any
31 of 2016. Insolvency and Bankruptcy Code, 2016, nor any such person or authority under
financial year for such purposes does not exceed ten per cent. of the paid-up
any corresponding law for the time being in force in the Union territory, shall be
share capital of the society on the last day of the immediately preceding
entitled to or have any claim on, such share or interest.
financial year.
37.(1) Every member of a society shall be entitled to inspect, free of cost, Rights of
Explanation.––For the purposes of this sub-section, the expression
at the society's office during office hours, or any time fixed for the purpose by members to see
“financial year” means the year ending on the 31st day of March or, in the case books, etc.
the society, the Regulation, the rules, and the bye-laws, the last audited annual
of any society or class of societies the accounts of which are with the previous
balance sheet, annual audit report, the profit and loss account, a list of the
sanction of the Registrar balanced on any other day, the year ending on such day.
members of the Committee, a register of members, the minutes of general
(4) Where the Administrator is a member of a society, the restrictions meetings, and those portions of the books and records in which his transactions
contained in this section shall not apply and that Administrator may, with the society have been recorded.
notwithstanding anything contained in this Regulation, withdraw from the
(2) A society shall furnish to a member, on request in writing and on
society its share capital at any time, after giving to the society notice thereof of
payment of such fees as may be prescribed therefore, a copy of any of the
not less than three months.
documents mentioned in sub-section (1).
Transfer of 35. (1) On the death of a member of a society, the society shall subject to
(3) A society shall appoint any officer or officers as it deems fit as
interest on death the provisions of sub-section (2), transfer his share or interest in the society to a
of member. Co-operative Information Officer, for the purpose of discharging the functions
person or persons nominated by such member in accordance with the rules or, in
as provided under sub-sections (1) and (2).
the absence of such nomination to such person as may appear to the Committee
to be the heir or legal representative of such member. (4) The Co-operative Information Officer shall, within a period of thirty
days from the date of receipt of application, either provide the information or
(2) No such transfer shall be made unless such nominee, heir or legal
reject the application specifying the reason therefor.
representative, as the case may be, is duly admitted as a member of the society.
(5) Any member of the society whose application has been rejected may
(3) Notwithstanding anything contained in sub-section (2), any such
prefer an appeal to the Co-operative Ombudsman within a period of one month
nominee, heir or legal representative, as the case may be, may require the
from the date of such rejection and his decision shall be final.
society to pay to him the amount equivalent to the value of the share or interest
of the deceased member, in such manner as may be prescribed. 38. (1) Where a person has ceased to be a member of a society under Liability of
section 29,–– person who has
(4) A society may pay all other monies due to the deceased member from ceased to be
the society to such nominee, heir or legal representative, as the case may be. (a) his liability in respect of any debt due by him to the society and member.
in respect of any outstanding demand owing to the society by him shall
(5) All transfers and payments duly made by a society in accordance with
continue as if he had not ceased to be a member; and
the provisions of this section, shall be valid and effectual against any demand
made upon the society by any other person. (b)his liability for the debts of the society as they stood immediately
before the date of such cessation shall, save as otherwise provided in
(6) Nothing in the foregoing provisions of this section or section 25 shall
sub-section (2), continue for a period of three years from such date, as if he
be construed to prevent a minor or a person of unsound mind from acquiring by
had not ceased to be a member:
inheritance or otherwise, any share or interest of a deceased member of a
society, but his liability in consequence of such acquisition shall be limited to Provided that the liability shall be attached to the estate of such person, if
his interest in the shares of the society and the unpaid dividends as also the loan, such cessation was due to his death or such person dies after his ceasing to be a
stock, bonds, if any, and the interest earned on them which is unpaid and he member.
shall not have the right of voting.Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17
(a)he has held such share or interest for not less than one year; (7) A person under any such disability referred to in sub-section (6) shall,
on his disability ceasing, furnish to the society a declaration of his willingness to
(b) the transfer or charge is made to the society, or to a member of
become a member and on receipt of such declaration, the society,
the society, or to a person whose application for membership has been
notwithstanding anything contained in this section may, and if it is a
accepted by the society; and
co-operative housing society, admit him as a member, if he is not otherwise
(c)the Committee has approved such transfer. disqualified and a person so admitted shall become entitled to all the rights and
privileges of a member subject to liabilities like any other member of the
(3) Notwithstanding anything contained in sub-sections (1) and (2), where
society.
a member is allowed to resign, or is expelled, or ceases to be a member on
account of his being disqualified by this Regulation or by the rules made 36. The share or interest of a member in the capital of a society, or in the Share or interest
thereunder or by the bye-laws of the society, the society may acquire the share loan stock issued by a housing society, or in the funds raised by a society from not liable to
attachment.
or interest of such member in the share capital by paying for it at the value its members by way of savings deposits shall not be liable to attachment or sale
determined in the manner prescribed: under any decree or order of a court for or in respect of any debt or liability
incurred by the member and accordingly, neither a Receiver under the
Provided that the total payment of share capital of a society in any
31 of 2016. Insolvency and Bankruptcy Code, 2016, nor any such person or authority under
financial year for such purposes does not exceed ten per cent. of the paid-up
any corresponding law for the time being in force in the Union territory, shall be
share capital of the society on the last day of the immediately preceding
entitled to or have any claim on, such share or interest.
financial year.
37.(1) Every member of a society shall be entitled to inspect, free of cost, Rights of
Explanation.––For the purposes of this sub-section, the expression
at the society's office during office hours, or any time fixed for the purpose by members to see
“financial year” means the year ending on the 31st day of March or, in the case books, etc.
the society, the Regulation, the rules, and the bye-laws, the last audited annual
of any society or class of societies the accounts of which are with the previous
balance sheet, annual audit report, the profit and loss account, a list of the
sanction of the Registrar balanced on any other day, the year ending on such day.
members of the Committee, a register of members, the minutes of general
(4) Where the Administrator is a member of a society, the restrictions meetings, and those portions of the books and records in which his transactions
contained in this section shall not apply and that Administrator may, with the society have been recorded.
notwithstanding anything contained in this Regulation, withdraw from the
(2) A society shall furnish to a member, on request in writing and on
society its share capital at any time, after giving to the society notice thereof of
payment of such fees as may be prescribed therefore, a copy of any of the
not less than three months.
documents mentioned in sub-section (1).
Transfer of 35. (1) On the death of a member of a society, the society shall subject to
(3) A society shall appoint any officer or officers as it deems fit as
interest on death the provisions of sub-section (2), transfer his share or interest in the society to a
of member. Co-operative Information Officer, for the purpose of discharging the functions
person or persons nominated by such member in accordance with the rules or, in
as provided under sub-sections (1) and (2).
the absence of such nomination to such person as may appear to the Committee
to be the heir or legal representative of such member. (4) The Co-operative Information Officer shall, within a period of thirty
days from the date of receipt of application, either provide the information or
(2) No such transfer shall be made unless such nominee, heir or legal
reject the application specifying the reason therefor.
representative, as the case may be, is duly admitted as a member of the society.
(5) Any member of the society whose application has been rejected may
(3) Notwithstanding anything contained in sub-section (2), any such
prefer an appeal to the Co-operative Ombudsman within a period of one month
nominee, heir or legal representative, as the case may be, may require the
from the date of such rejection and his decision shall be final.
society to pay to him the amount equivalent to the value of the share or interest
of the deceased member, in such manner as may be prescribed. 38. (1) Where a person has ceased to be a member of a society under Liability of
section 29,–– person who has
(4) A society may pay all other monies due to the deceased member from ceased to be
the society to such nominee, heir or legal representative, as the case may be. (a) his liability in respect of any debt due by him to the society and member.
in respect of any outstanding demand owing to the society by him shall
(5) All transfers and payments duly made by a society in accordance with
continue as if he had not ceased to be a member; and
the provisions of this section, shall be valid and effectual against any demand
made upon the society by any other person. (b)his liability for the debts of the society as they stood immediately
before the date of such cessation shall, save as otherwise provided in
(6) Nothing in the foregoing provisions of this section or section 25 shall
sub-section (2), continue for a period of three years from such date, as if he
be construed to prevent a minor or a person of unsound mind from acquiring by
had not ceased to be a member:
inheritance or otherwise, any share or interest of a deceased member of a
society, but his liability in consequence of such acquisition shall be limited to Provided that the liability shall be attached to the estate of such person, if
his interest in the shares of the society and the unpaid dividends as also the loan, such cessation was due to his death or such person dies after his ceasing to be a
stock, bonds, if any, and the interest earned on them which is unpaid and he member.
shall not have the right of voting.18 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(2)Where a society is ordered to be wound up under any provisions of this (c)the date on which each person was admitted as a member;
Regulation, then the liability of a person under clause (b) of sub-section (1), who
(d)the date on which any person ceased to be a member; and
has ceased to be a member thereof within three years immediately preceding the
date of order of winding up, shall continue, until the entire liquidation (e)such other particulars as may be prescribed:
proceedings are completed.
Provided that where a society has by or under this Regulation, permitted a
Insolvency of 39.Notwithstanding anything contained in the Insolvency and Bankruptcy member to transfer his share or interest on death to any person, the register shall
members. Code, 2016, or any corresponding law for the time being in force in the Union 31 of 2016. also show against the member concerned the name of the person entitled to the
territory, the dues of a society from a member, in insolvency proceedings against share or interest of the member, and the date on which the nomination was recorded.
him, shall rank in order of priority next to his dues to the Administration or to a
(2)The register shall be prima facie evidence of the date on which any person
local authority.
was admitted to membership, and of the date on which he ceased to be a member.
Expulsion of 40.(1) A society may, by resolution passed by three-fourths majority of all
members. the members present and voting at a general meeting of members held for the 44. Every society shall keep, at the registered address of the society, a Copy of
copy of this Regulation, the rules and bye-laws, and a list of members open to Regulation, etc.,
purpose, expel a member for acts which are detrimental to the society: to be open to
inspection to the public, free of cost, during office hours or any hours fixed by
inspection.
Provided that no resolution shall be,— the society therefor.
(i) valid, unless the member concerned is given an opportunity of 45. (1) A copy of any entry in any book, register or list, regularly kept in Admissibility of
representing his case to the general body; the course of business and in the possession of a society shall, if duly certified in copy of entry as
evidence.
such manner as may be prescribed, be admissible in evidence of the existence of
(ii) effective, unless it is submitted to the Registrar for his approval
the entry, the matters and transactions therein recorded in every case where, and
and approved by him:
to the same extent to which, the original entry would, if produced, have been
Provided further that the approval or disapproval of the Registrar shall be admissible to prove such matter.
communicated to the society within a period of three months from the date of
(2) In the case of such societies as the Administrator may by general or
such submission, and in absence of such communication, the resolution shall be
special order in writing direct, no officer of a society shall in any legal
effective.
proceedings to which the society is not a party, be compelled to produce any of
(2) No member of a society who has been expelled under sub-section (1) the society’s books, the contents of which may be proved under sub-section (1)
shall be eligible for re-admission as a member of that society, or for admission as a or to appear as a witness to prove the matters, transactions and accounts therein
member of any other society, for a period of two years from the date of such recorded, except by order of the court or a Judge made for special cause.
expulsion:
46.Nothing contained in clauses (b) and (c) of sub-section (1) of section 17 of Exemption from
Provided that the Registrar may, in special circumstances, sanction the 16 of 1908. the Registration Act, 1908 shall, apply— compulsory
registration of
re-admission or admission, within the said period, of any such member as a
(a) to any instrument relating to shares in a society not being a instruments
member of the said society or of any other society, as the case may be. relating to
housing society notwithstanding that the assets of the society consist in
shares and
CHAPTER IV whole or in part of immovable property; or debentures of
society.
INCORPORATION, DUTIES AND PRIVILEGES OF SOCIETIES (b) to any debenture issued by any society and not creating,
declaring, assigning, limiting or extinguishing any right, title or interest to
Incorporation of 41. A society on its registration shall be a body corporate by the name
or in immovable property, except in so far as it entitles the holder to the
society. under which it is registered, with perpetual succession and a common seal, and
security afforded by a registered instrument whereby the society has
with power to acquire, hold and dispose of property, both moveable and
mortgaged, conveyed or otherwise transferred the whole or part of its
immoveable, to enter into contracts, to institute and defend suits and other legal
immovable property, or any interest therein to trustees for the benefit of
proceedings, and to do all such things as are necessary for the purpose for which
the holders of such debentures; or
it is incorporated.
(c) to any endorsement upon, or transfer of, any debenture issued by
Address of 42. Every society shall have an address, registered in accordance with the
any society.
society. rules, to which all notices and communications may be sent and the society shall
send notice in writing to the Registrar of any change in the said address, within a 47. The Administrator may, by notification and for the reasons specified Power to
period of thirty days thereof. therein, exempt any society or class of societies from— exempt from
taxation.
Register of 43. (1) Every society shall keep a register of members, and enter therein (a)the stamp duty with which, under any law relating to stamp duty for
members. the following particulars, namely:— the time being in force, instruments executed by or on behalf of a society or by
an officer or member thereof, and relating to the business of the society, or any
(a)the name, address and occupation of each member;
class of such instruments, or awards of the Registrar or his nominee or Board
(b) in the case of a society having share capital, the share held by each
of nominees under this Regulation, are respectively chargeable;
member;Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 19
(2)Where a society is ordered to be wound up under any provisions of this (c)the date on which each person was admitted as a member;
Regulation, then the liability of a person under clause (b) of sub-section (1), who
(d)the date on which any person ceased to be a member; and
has ceased to be a member thereof within three years immediately preceding the
date of order of winding up, shall continue, until the entire liquidation (e)such other particulars as may be prescribed:
proceedings are completed.
Provided that where a society has by or under this Regulation, permitted a
Insolvency of 39.Notwithstanding anything contained in the Insolvency and Bankruptcy member to transfer his share or interest on death to any person, the register shall
members. Code, 2016, or any corresponding law for the time being in force in the Union 31 of 2016. also show against the member concerned the name of the person entitled to the
territory, the dues of a society from a member, in insolvency proceedings against share or interest of the member, and the date on which the nomination was recorded.
him, shall rank in order of priority next to his dues to the Administration or to a
(2)The register shall be prima facie evidence of the date on which any person
local authority.
was admitted to membership, and of the date on which he ceased to be a member.
Expulsion of 40.(1) A society may, by resolution passed by three-fourths majority of all
members. the members present and voting at a general meeting of members held for the 44. Every society shall keep, at the registered address of the society, a Copy of
copy of this Regulation, the rules and bye-laws, and a list of members open to Regulation, etc.,
purpose, expel a member for acts which are detrimental to the society: to be open to
inspection to the public, free of cost, during office hours or any hours fixed by
inspection.
Provided that no resolution shall be,— the society therefor.
(i) valid, unless the member concerned is given an opportunity of 45. (1) A copy of any entry in any book, register or list, regularly kept in Admissibility of
representing his case to the general body; the course of business and in the possession of a society shall, if duly certified in copy of entry as
evidence.
such manner as may be prescribed, be admissible in evidence of the existence of
(ii) effective, unless it is submitted to the Registrar for his approval
the entry, the matters and transactions therein recorded in every case where, and
and approved by him:
to the same extent to which, the original entry would, if produced, have been
Provided further that the approval or disapproval of the Registrar shall be admissible to prove such matter.
communicated to the society within a period of three months from the date of
(2) In the case of such societies as the Administrator may by general or
such submission, and in absence of such communication, the resolution shall be
special order in writing direct, no officer of a society shall in any legal
effective.
proceedings to which the society is not a party, be compelled to produce any of
(2) No member of a society who has been expelled under sub-section (1) the society’s books, the contents of which may be proved under sub-section (1)
shall be eligible for re-admission as a member of that society, or for admission as a or to appear as a witness to prove the matters, transactions and accounts therein
member of any other society, for a period of two years from the date of such recorded, except by order of the court or a Judge made for special cause.
expulsion:
46.Nothing contained in clauses (b) and (c) of sub-section (1) of section 17 of Exemption from
Provided that the Registrar may, in special circumstances, sanction the 16 of 1908. the Registration Act, 1908 shall, apply— compulsory
registration of
re-admission or admission, within the said period, of any such member as a
(a) to any instrument relating to shares in a society not being a instruments
member of the said society or of any other society, as the case may be. relating to
housing society notwithstanding that the assets of the society consist in
shares and
CHAPTER IV whole or in part of immovable property; or debentures of
society.
INCORPORATION, DUTIES AND PRIVILEGES OF SOCIETIES (b) to any debenture issued by any society and not creating,
declaring, assigning, limiting or extinguishing any right, title or interest to
Incorporation of 41. A society on its registration shall be a body corporate by the name
or in immovable property, except in so far as it entitles the holder to the
society. under which it is registered, with perpetual succession and a common seal, and
security afforded by a registered instrument whereby the society has
with power to acquire, hold and dispose of property, both moveable and
mortgaged, conveyed or otherwise transferred the whole or part of its
immoveable, to enter into contracts, to institute and defend suits and other legal
immovable property, or any interest therein to trustees for the benefit of
proceedings, and to do all such things as are necessary for the purpose for which
the holders of such debentures; or
it is incorporated.
(c) to any endorsement upon, or transfer of, any debenture issued by
Address of 42. Every society shall have an address, registered in accordance with the
any society.
society. rules, to which all notices and communications may be sent and the society shall
send notice in writing to the Registrar of any change in the said address, within a 47. The Administrator may, by notification and for the reasons specified Power to
period of thirty days thereof. therein, exempt any society or class of societies from— exempt from
taxation.
Register of 43. (1) Every society shall keep a register of members, and enter therein (a)the stamp duty with which, under any law relating to stamp duty for
members. the following particulars, namely:— the time being in force, instruments executed by or on behalf of a society or by
an officer or member thereof, and relating to the business of the society, or any
(a)the name, address and occupation of each member;
class of such instruments, or awards of the Registrar or his nominee or Board
(b) in the case of a society having share capital, the share held by each
of nominees under this Regulation, are respectively chargeable;
member;20 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(b) any fee payable by or on behalf of a society under the law
relating to the registration of documents and to court-fees, for the time
being in force; and
(c)any other tax or fee or duty (or any portion thereof) payable by or
on behalf of a society under any law for the time being in force in the
Union territory, which the Administrator is competent to levy:
Provided that no exemption shall be given in respect of any duty or tax for
which the Administrator is not competent to levy.
Restrictions on 48. (1) A society shall receive deposits and loans from members and other
borrowing. persons, only to such extent, and under such conditions, as may be prescribed, or
specified by the bye-laws of the society:
Provided that the total amount of deposits and loans received during any
financial year shall not exceed such multiples as may be determined by the
Administrator of the sum of subscribed share capital and accumulated reserves
minus accumulated losses.
(2) If in the opinion of the Registrar, it is necessary so to do for ensuring
safety of the funds obtained under sub-section (1), for proper utilisation of such
funds in furtherance of the objects of the society or societies concerned and for
keeping them within the borrowing limits as laid down in the rules and
bye-laws, the Registrar may, by general or special order in writing, impose
additional conditions on any society or class of societies, subject to which and
the extent up to which such society or such class of societies may
receive deposits, issue debentures or raise loans from any creditor other than a
Central Bank.
Restrictions on 49. (1) No society shall give a loan to any person other than a member, or
giving loans. on the security of its own shares, or on the security of any person who is not a
member:
Provided that subject to such rules as may be made in this behalf, a society
may give loans to another society.
(2) Notwithstanding anything contained in sub-section (1), a society may
give a loan to a depositor on the security of his deposit.
(3) Notwithstanding anything contained in this Regulation, no person or
group of persons other than a member or members shall be eligible to borrow
from or make deposit in a Primary Agricultural Credit Co-operative Society.
(4) If in the opinion of the Administrator, it is necessary or expedient so to
do in the interest of the society or societies concerned, the Administrator may,
by general or special order in writing, prohibit, restrict or regulate the lending of
money by any society or class of societies on the security of any property:
Provided that the Registrar may, for ensuring safety of the funds of the
society or societies concerned, for proper utilisation of such funds in furtherance
of their objects and for keeping them within the loan making limits laid down in
the rules and bye-laws, by general or special order in writing, regulate further
the extent, conditions and manner of making loans by any society or class of
societies to its members or other societies.
Restriction on 50. Save as provided in this Regulation, the transactions of a society with
other persons other than members, shall be subject to such restrictions, if any, as may
transactions with
be prescribed.
non-members.Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21
(b) any fee payable by or on behalf of a society under the law 51. In respect of any debt due to a society by any member thereof, the Charge and set
off in respect of
relating to the registration of documents and to court-fees, for the time society shall have a charge upon the share or interest of such member in the
share or interest
being in force; and capital of the society, upon the deposits of such member with the society and of member.
upon any dividend, rebate or profits payable to such member and the society
(c)any other tax or fee or duty (or any portion thereof) payable by or
may set off any sum credited or payable to such member in or towards the
on behalf of a society under any law for the time being in force in the
payment of any such debt:
Union territory, which the Administrator is competent to levy:
Provided that no co-operative bank shall have a charge upon any sum
Provided that no exemption shall be given in respect of any duty or tax for
invested with it by a society out of the provident fund referred to in section 64,
which the Administrator is not competent to levy.
and no co-operative bank shall be entitled to set off any such sum towards any
Restrictions on 48. (1) A society shall receive deposits and loans from members and other debts due from the society.
borrowing. persons, only to such extent, and under such conditions, as may be prescribed, or
52. (1) Notwithstanding anything contained in any other law for the time Prior claim of
specified by the bye-laws of the society:
being in force in the Union territory, but subject to any prior claim of the society.
Provided that the total amount of deposits and loans received during any Administration in respect of land revenue or any money recoverable as land
financial year shall not exceed such multiples as may be determined by the revenue and subject to the provisions of sections 60 and 61 of the Code of Civil
Administrator of the sum of subscribed share capital and accumulated reserves 5 of 1908. Procedure, 1908,—
minus accumulated losses.
(a) any debt or outstanding demand, owing to a society by any
(2) If in the opinion of the Registrar, it is necessary so to do for ensuring member or a person who has ceased to be a member shall be a first charge
safety of the funds obtained under sub-section (1), for proper utilisation of such upon—
funds in furtherance of the objects of the society or societies concerned and for
(i) the crops or other agricultural produce raised in whole or in
keeping them within the borrowing limits as laid down in the rules and
part whether with or without a loan taken from the society by him;
bye-laws, the Registrar may, by general or special order in writing, impose
additional conditions on any society or class of societies, subject to which and (ii) cattle, fodder for cattle, agricultural or industrial
the extent up to which such society or such class of societies may implements or machinery, or raw materials for manufacture, or
receive deposits, issue debentures or raise loans from any creditor other than a workshop, godown or place of business, supplied to, or purchased by
Central Bank. him in whole or in part, from any loan whether in money or goods
made to him by the society; and
Restrictions on 49. (1) No society shall give a loan to any person other than a member, or
giving loans. on the security of its own shares, or on the security of any person who is not a (iii) any movable property which has been hypothecated,
member: pledged or otherwise mortgaged by him with the society, and
remaining in his custody;
Provided that subject to such rules as may be made in this behalf, a society
may give loans to another society. (b) any outstanding demands or dues payable to a society by any
member or a person who has ceased to be a member, in respect of rent,
(2) Notwithstanding anything contained in sub-section (1), a society may
shares, loans or purchase, money or any other rights or amounts payable to
give a loan to a depositor on the security of his deposit.
such society, shall be a first charge upon his interest in the immovable
(3) Notwithstanding anything contained in this Regulation, no person or property of the society:
group of persons other than a member or members shall be eligible to borrow
Provided that the prior claim of the Administration in respect of dues other
from or make deposit in a Primary Agricultural Credit Co-operative Society.
than land revenue, shall be restricted for the purpose of this sub-section to the
(4) If in the opinion of the Administrator, it is necessary or expedient so to assets created by a member out of the funds in respect of which the
do in the interest of the society or societies concerned, the Administrator may, Administration has a claim.
by general or special order in writing, prohibit, restrict or regulate the lending of
(2) No property or interest in property, which is subject to a charge under
money by any society or class of societies on the security of any property:
sub-section (1) shall be transferred in any manner without the previous
Provided that the Registrar may, for ensuring safety of the funds of the permission of the society and such transfer shall be subject to such conditions, if
society or societies concerned, for proper utilisation of such funds in furtherance any, as the society may impose.
of their objects and for keeping them within the loan making limits laid down in
(3)Any transfer made in contravention of sub-section (2) shall be void.
the rules and bye-laws, by general or special order in writing, regulate further
the extent, conditions and manner of making loans by any society or class of (4) Notwithstanding anything contained in sub-sections (2) and (3), a
societies to its members or other societies. society, while disposal of the produce of its members, may provide in its
bye-laws, or may otherwise contract with its members,—
Restriction on 50. Save as provided in this Regulation, the transactions of a society with
other persons other than members, shall be subject to such restrictions, if any, as may (a) that every such member shall dispose of his produce through the
transactions with
be prescribed. society; and
non-members.22 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(b)that any member, who is found guilty of a breach of the bye-laws Provided that notwithstanding anything contained in the Land Revenue 4
or of any such contract, shall reimburse the society for any resultant loss, Code or any other law for the time being in force in the Union territory, the
determined in such manner as may be provided in the bye-laws. Record of Rights maintained thereunder shall also include the particulars of
every charge on land or interest created under a declaration under clause (a) or
Charge on 53. (1) Notwithstanding anything contained in this Regulation or in any
clause (b).
immovable other law for the time being in force in the Union territory,—
property of
(2)For the purposes of this section, the expression “society” means—
members (a) any person who makes an application to a society of which he is
borrowing from
a member, for a loan shall, if he owns any land or has interest in any land (i) any society, the majority of which are agriculturists and the
certain societies.
as a tenant, make a declaration in the prescribed form, which shall state primary object of which is to obtain credit for its members; or
that the applicant thereby creates a charge on such land or interest
(ii) any society, or any class of societies, specified in this behalf by
specified in the declaration for the payment of the amount of the loan
the Administration by a general or special order.
which the society may make to the member in pursuance of the
application, and for all future advances, if any, required by him which the 54. (1) A member of a society may execute an agreement in favour of the Deduction from
society may make to him as such member, subject to such maximum as society, providing that his employer shall be competent to deduct from the salary to meet
society's claim
may be determined by the society, together with interest on such amount salary or wages payable to him by the employer, such amount as may be in certain cases.
of the loan and advances; specified in the agreement, and to pay to the society the amount so deducted in
satisfaction of any debt or other demand of the society against the member.
(b) any person who has taken a loan from a society of which he is a
(2) On the execution of the agreement referred to in sub-section (1), the
member, before the date of the coming into force of this Regulation, and
employer shall, if by a requisition in writing so required by the society and so
who owns any land or has interest in land as a tenant, and who has not
long as the society does not inform that the whole of such debt or demand has
already made such a declaration before the aforesaid date shall, as soon as
been paid, make the deduction in accordance with the agreement,
possible thereafter, make a declaration in the form and to the effect
notwithstanding anything to the contrary contained in the relevant law for the
referred to in clause (a) and no such person shall, unless and until he has
time being in force in the Union territory and pay the amount so deducted to the
made such declaration, be entitled to exercise any right as a member of the
society, within a period of fourteen days from the date on which such deduction
society;
is made as if it were a part of the wages payable by him as required under the
(c)a declaration made under clause (a) or clause (b) may be varied at said Act on the day on which he makes payment and in making such deduction
any time by a member, with the consent of the society in favour of which and payment, it shall not be open to the employer to question the validity or
such charge is created; otherwise of such debt or demand.
(d) no member shall alienate the whole or any part of the land or (3) If, after receipt of a requisition made under sub-section (2), the
interest therein, specified in the declaration made under clause (a) or employer at any time fails to deduct the amount specified in the requisition from
clause (b) until the whole amount borrowed by the member together with the salary or wages payable to the member concerned, or makes default in
interest thereon, is repaid in full: remitting the amount deducted to the society, such employer shall be personally
liable for the payment thereof and the amount shall be recoverable on behalf of
Provided that it shall be lawful for a member to execute a mortgage
the society from him as an arrear of land revenue on a certificate being issued by
bond in favour of the Administration in respect of such land or any part
the Registrar after holding such inquiry as he deems fit, and the amount so due
thereof, under the law for the time being in force in the Union territory, for
shall rank in priority in respect of such liability of the employer as wages in arrears
the supply of water from a canal to such land:
and a certificate so issued by the Registrar shall not be questioned in any court.
Provided further that if a part of the amount borrowed by a member
(4) Nothing contained in this section shall apply to persons employed in
is paid, the society may, on an application from the member, release from
any railway within the meaning of the Constitution and in mines and oil fields.
the charge created under the declaration made under clause (a) or
clause (b) such part of the movable or immovable property specified in the CHAPTER V
declaration, as it may deem proper, with due regard to the adequacy of the
AID TO SOCIETIES
security for the balance of the amount remaining due from or outstanding
against the member; 55. (1) The Administration may subscribe directly to the share capital of a Direct
society with limited liability. partnership of
(e) any alienation made in contravention of the provisions of clause (d) Administration
shall be void; (2) The share capital subscribed by the Administration under sub-section (1) in societies.
shall not be returned to it by a society, except with the previous approval of the
(f)subject to the prior claims of the Administration in respect of land
Administration.
revenue or any money recoverable as land revenue, and to the charge, if
any created under an award made under the law for the time being in force 56. Notwithstanding anything contained in any law for the time being in Other forms of
force in the Union territory, but subject to such conditions as the Administration aid to societies.
in any part of the Union territory:
may, by general or special order, specify in this behalf, it may,—Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 23
(b)that any member, who is found guilty of a breach of the bye-laws Provided that notwithstanding anything contained in the Land Revenue 4
or of any such contract, shall reimburse the society for any resultant loss, Code or any other law for the time being in force in the Union territory, the
determined in such manner as may be provided in the bye-laws. Record of Rights maintained thereunder shall also include the particulars of
every charge on land or interest created under a declaration under clause (a) or
Charge on 53. (1) Notwithstanding anything contained in this Regulation or in any
clause (b).
immovable other law for the time being in force in the Union territory,—
property of
(2)For the purposes of this section, the expression “society” means—
members (a) any person who makes an application to a society of which he is
borrowing from
a member, for a loan shall, if he owns any land or has interest in any land (i) any society, the majority of which are agriculturists and the
certain societies.
as a tenant, make a declaration in the prescribed form, which shall state primary object of which is to obtain credit for its members; or
that the applicant thereby creates a charge on such land or interest
(ii) any society, or any class of societies, specified in this behalf by
specified in the declaration for the payment of the amount of the loan
the Administration by a general or special order.
which the society may make to the member in pursuance of the
application, and for all future advances, if any, required by him which the 54. (1) A member of a society may execute an agreement in favour of the Deduction from
society may make to him as such member, subject to such maximum as society, providing that his employer shall be competent to deduct from the salary to meet
society's claim
may be determined by the society, together with interest on such amount salary or wages payable to him by the employer, such amount as may be in certain cases.
of the loan and advances; specified in the agreement, and to pay to the society the amount so deducted in
satisfaction of any debt or other demand of the society against the member.
(b) any person who has taken a loan from a society of which he is a
member, before the date of the coming into force of this Regulation, and (2) On the execution of the agreement referred to in sub-section (1), the
employer shall, if by a requisition in writing so required by the society and so
who owns any land or has interest in land as a tenant, and who has not
long as the society does not inform that the whole of such debt or demand has
already made such a declaration before the aforesaid date shall, as soon as
possible thereafter, make a declaration in the form and to the effect been paid, make the deduction in accordance with the agreement,
notwithstanding anything to the contrary contained in the relevant law for the
referred to in clause (a) and no such person shall, unless and until he has
time being in force in the Union territory and pay the amount so deducted to the
made such declaration, be entitled to exercise any right as a member of the
society, within a period of fourteen days from the date on which such deduction
society;
is made as if it were a part of the wages payable by him as required under the
(c)a declaration made under clause (a) or clause (b) may be varied at said Act on the day on which he makes payment and in making such deduction
any time by a member, with the consent of the society in favour of which and payment, it shall not be open to the employer to question the validity or
such charge is created; otherwise of such debt or demand.
(d) no member shall alienate the whole or any part of the land or (3) If, after receipt of a requisition made under sub-section (2), the
interest therein, specified in the declaration made under clause (a) or employer at any time fails to deduct the amount specified in the requisition from
clause (b) until the whole amount borrowed by the member together with the salary or wages payable to the member concerned, or makes default in
interest thereon, is repaid in full: remitting the amount deducted to the society, such employer shall be personally
liable for the payment thereof and the amount shall be recoverable on behalf of
Provided that it shall be lawful for a member to execute a mortgage
the society from him as an arrear of land revenue on a certificate being issued by
bond in favour of the Administration in respect of such land or any part
the Registrar after holding such inquiry as he deems fit, and the amount so due
thereof, under the law for the time being in force in the Union territory, for
shall rank in priority in respect of such liability of the employer as wages in arrears
the supply of water from a canal to such land:
and a certificate so issued by the Registrar shall not be questioned in any court.
Provided further that if a part of the amount borrowed by a member
(4) Nothing contained in this section shall apply to persons employed in
is paid, the society may, on an application from the member, release from
any railway within the meaning of the Constitution and in mines and oil fields.
the charge created under the declaration made under clause (a) or
clause (b) such part of the movable or immovable property specified in the CHAPTER V
declaration, as it may deem proper, with due regard to the adequacy of the
AID TO SOCIETIES
security for the balance of the amount remaining due from or outstanding
against the member; 55. (1) The Administration may subscribe directly to the share capital of a Direct
society with limited liability. partnership of
(e) any alienation made in contravention of the provisions of clause (d) Administration
shall be void; (2) The share capital subscribed by the Administration under sub-section (1) in societies.
shall not be returned to it by a society, except with the previous approval of the
(f)subject to the prior claims of the Administration in respect of land
Administration.
revenue or any money recoverable as land revenue, and to the charge, if
any created under an award made under the law for the time being in force 56. Notwithstanding anything contained in any law for the time being in Other forms of
force in the Union territory, but subject to such conditions as the Administration aid to societies.
in any part of the Union territory:
may, by general or special order, specify in this behalf, it may,—24 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(a)give loans to a society; 59.(1) Every society which does, or may, derive a profit from its transactions, Reserve fund.
shall maintain a reserve fund.
(b) guarantee the payment of the principal of debentures issued by a
society, or of interest thereon, or both, or the repayment of the share (2) At least one-fourth of the net profits of the society each year, shall be
capital of a society to its members, or the payment of dividends thereon at carried to the reserve fund and such reserve fund may be used in the business of
such rates as may be specified by the Administration; the society or may, subject to the provisions of section 63, be invested, as the
Administrator may by general or special order in writing direct, or may, with the
(c) guarantee the repayment of the principal of and the payment of
previous sanction of the Administrator, be used in part for public purpose likely
interest on, means given by a co-operative bank to a society;
to promote the objects of this Regulation, or for such other purpose of the Union
(d) guarantee the repayment of the principal of and payment of territory or of local interest:
interest on, loans and advances given by the Reserve Bank, National Bank
Provided that if the Registrar is satisfied that the financial condition of the
for Agriculture and Rural Development or the Industrial Finance
society is such that it is unable to carry to its reserve fund an amount up to the
Corporation of India, or any other authority constituted under any other
aforesaid limit of one-fourth of its net profits, he may by order in writing, for
law for the time being in force in the Union territory; or
such period as he may specify in the order, fix for the society a limit lower than
(e) provide financial assistance, in any other form including the aforesaid limit but not lower than one-tenth of its net profits.
subsidies, to a society.
(3) Where the reserve fund of a society exceeds its authorised share
CHAPTER VI capital, then, notwithstanding anything contained in sub-section (1), the society
may, with the prior approval of the Registrar carry to its reserve fund each year
PROPERTY AND FUNDS OF SOCIETIES
an amount which may be less than one-fourth but not less than one-tenth of its
Fund not to be 57. (1) No part of the funds or assets of a society, other than the dividend net profit.
divided. equalisation fund, if any, and the net profits thereof, shall be paid by way of
60.No society shall pay dividend to its members at a rate exceeding fifteen
rebate or dividend or otherwise distributed, to its members: Restrictions on
per cent. except with the prior approval of the Registrar. dividend.
Provided that in the case of a member, who is also a salaried servant of the
61.(1) Every society which declares, out of the current year’s profit, dividend Contribution to
society, payment on such scale as may be laid down by the bye-laws may be
to its members, shall contribute towards the education fund at such rate as may education fund.
made to him for work done as such servant.
be prescribed.
(2) No honorarium shall be paid out of the funds and assets of a society
(2) No society, liable to contribute towards the education fund, shall pay
other than the net profits and such honorarium shall not exceed the prescribed
dividend to its members, unless the said contribution is made to the Registrar
limit.
within a period of sixty days from the date on which its accounts are adopted by
Appropriation 58. (1) A society earning profit, shall calculate its annual net profits by the general body of members at its annual general meeting.
of profits.
deducting from the gross profits for the year, all accrued interest which is
(3) An officer who wilfully fails to comply with the provisions of this
overdue for more than three months, establishment charges, contributions, if
section, shall be personally liable for making good the amount to the Registrar.
any, towards the provident fund and gratuity fund of its employees, interest
payable on loan and deposits, audit fees, working expenses including repairs, 62. After providing for the reserve fund and the education fund, a society Contribution to
rents, taxes and depreciation, and after providing for or writing off bad debts and may set aside a sum not exceeding twenty per cent. of its net profits, and utilise public purpose.
losses not adjusted against any fund created out of profits. from time to time, with the approval of the Registrar, whole or part of such sum
in contributing to any purpose as may be prescribed, or to any charitable purpose
(2) A society may, however, add to the net profits for the year, interest
6 of 1890. within the meaning of section 2 of the Charitable Endowments Act, 1890, or to
accrued in the preceding years, but actually recovered during the year and the
any other public purpose.
net profits thus arrived at together with the amount of profits brought forward
Investment of
from the previous year shall be available for appropriation. 63.A society may invest or deposit its fund,—
funds.
(3) A society may appropriate its profits to its reserve fund or any other (a)in a Central Bank or the State Co-operative Bank;
fund created by it to payment of dividends to members on their shares, to
(b)in the State Bank of India or in any nationalised bank;
contribution to the educational fund as the Administrator may, by notification,
specify to the payment of rebate on the basis of support received from members (c)in the Postal Savings Bank;
and persons who are not members to its business and subject to the prescribed
(d)in any of the securities specified in section 20 of the Indian Trusts
conditions to payment of honoraria, and to any other purpose which may be
2 of 1882. Act, 1882;
specified in the rules or bye-laws:
(e) in shares, or security bonds, or debentures, issued by any other
Provided that no part of the profits shall be appropriated, except with the
society with limited liability;
approval of the same in an annual general meeting and in conformity with the
provisions of this Regulation, rules and bye-laws made thereunder. (f)in any land or building;Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 25
(a)give loans to a society; 59.(1) Every society which does, or may, derive a profit from its transactions, Reserve fund.
shall maintain a reserve fund.
(b) guarantee the payment of the principal of debentures issued by a
society, or of interest thereon, or both, or the repayment of the share (2) At least one-fourth of the net profits of the society each year, shall be
capital of a society to its members, or the payment of dividends thereon at carried to the reserve fund and such reserve fund may be used in the business of
such rates as may be specified by the Administration; the society or may, subject to the provisions of section 63, be invested, as the
Administrator may by general or special order in writing direct, or may, with the
(c) guarantee the repayment of the principal of and the payment of
previous sanction of the Administrator, be used in part for public purpose likely
interest on, means given by a co-operative bank to a society;
to promote the objects of this Regulation, or for such other purpose of the Union
(d) guarantee the repayment of the principal of and payment of territory or of local interest:
interest on, loans and advances given by the Reserve Bank, National Bank
Provided that if the Registrar is satisfied that the financial condition of the
for Agriculture and Rural Development or the Industrial Finance
society is such that it is unable to carry to its reserve fund an amount up to the
Corporation of India, or any other authority constituted under any other
aforesaid limit of one-fourth of its net profits, he may by order in writing, for
law for the time being in force in the Union territory; or
such period as he may specify in the order, fix for the society a limit lower than
(e) provide financial assistance, in any other form including the aforesaid limit but not lower than one-tenth of its net profits.
subsidies, to a society.
(3) Where the reserve fund of a society exceeds its authorised share
CHAPTER VI capital, then, notwithstanding anything contained in sub-section (1), the society
may, with the prior approval of the Registrar carry to its reserve fund each year
PROPERTY AND FUNDS OF SOCIETIES
an amount which may be less than one-fourth but not less than one-tenth of its
Fund not to be 57. (1) No part of the funds or assets of a society, other than the dividend net profit.
divided. equalisation fund, if any, and the net profits thereof, shall be paid by way of
60.No society shall pay dividend to its members at a rate exceeding fifteen
rebate or dividend or otherwise distributed, to its members: Restrictions on
per cent. except with the prior approval of the Registrar. dividend.
Provided that in the case of a member, who is also a salaried servant of the
61.(1) Every society which declares, out of the current year’s profit, dividend Contribution to
society, payment on such scale as may be laid down by the bye-laws may be
to its members, shall contribute towards the education fund at such rate as may education fund.
made to him for work done as such servant.
be prescribed.
(2) No honorarium shall be paid out of the funds and assets of a society
(2) No society, liable to contribute towards the education fund, shall pay
other than the net profits and such honorarium shall not exceed the prescribed
dividend to its members, unless the said contribution is made to the Registrar
limit.
within a period of sixty days from the date on which its accounts are adopted by
Appropriation 58. (1) A society earning profit, shall calculate its annual net profits by the general body of members at its annual general meeting.
of profits.
deducting from the gross profits for the year, all accrued interest which is
(3) An officer who wilfully fails to comply with the provisions of this
overdue for more than three months, establishment charges, contributions, if
section, shall be personally liable for making good the amount to the Registrar.
any, towards the provident fund and gratuity fund of its employees, interest
payable on loan and deposits, audit fees, working expenses including repairs, 62. After providing for the reserve fund and the education fund, a society Contribution to
rents, taxes and depreciation, and after providing for or writing off bad debts and may set aside a sum not exceeding twenty per cent. of its net profits, and utilise public purpose.
losses not adjusted against any fund created out of profits. from time to time, with the approval of the Registrar, whole or part of such sum
in contributing to any purpose as may be prescribed, or to any charitable purpose
(2) A society may, however, add to the net profits for the year, interest
6 of 1890. within the meaning of section 2 of the Charitable Endowments Act, 1890, or to
accrued in the preceding years, but actually recovered during the year and the
any other public purpose.
net profits thus arrived at together with the amount of profits brought forward
Investment of
from the previous year shall be available for appropriation. 63.A society may invest or deposit its fund,—
funds.
(3) A society may appropriate its profits to its reserve fund or any other (a)in a Central Bank or the State Co-operative Bank;
fund created by it to payment of dividends to members on their shares, to
(b)in the State Bank of India or in any nationalised bank;
contribution to the educational fund as the Administrator may, by notification,
specify to the payment of rebate on the basis of support received from members (c)in the Postal Savings Bank;
and persons who are not members to its business and subject to the prescribed
(d)in any of the securities specified in section 20 of the Indian Trusts
conditions to payment of honoraria, and to any other purpose which may be
2 of 1882. Act, 1882;
specified in the rules or bye-laws:
(e) in shares, or security bonds, or debentures, issued by any other
Provided that no part of the profits shall be appropriated, except with the
society with limited liability;
approval of the same in an annual general meeting and in conformity with the
provisions of this Regulation, rules and bye-laws made thereunder. (f)in any land or building;26 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(g)in Employee’s Provident Fund; or
(h)in such other manner as may be determined by Administration,
with the prior approval of the Administrator subject to such terms and conditions
as may be prescribed in this behalf:
Provided that in case of a co-operative society carrying on the business of
banking, the investments therein shall be in accordance with the guidelines
issued by the Reserve Bank in this regard from time to time.
Explanation.––For the purposes of this section, the expression “nationalised
bank” means a corresponding new bank constituted under sub-section (1) of
section 3 of the Banking Companies (Acquisition and Transfer of Undertakings)
Act, 1970 and Banking Companies (Acquisition and Transfer of Undertakings) 5 of 1970.
40 of 1980.
Act, 1980.
Employees 64. (1) Any society may establish for its employees a provident fund, into
Provident Fund. which, shall be paid the contributions made by its employees and the society and
such provident fund shall not be used in the business of the society, nor shall it
form part of the assets of the society, but shall be invested under the provisions of
section 63 and shall be administered in the prescribed manner.
(2)Notwithstanding anything contained in sub-section (1), a provident fund
established by a society to which the provisions of the Employees Provident Funds
and Miscellaneous Provisions Act, 1952, is applicable, shall be governed by that 19 of 1952.
Act.
Funds not to be 65. (1) No expenditure from the funds of a society shall be incurred for the
utilised for purpose of defraying the costs of any proceedings filed or taken by or against any
certain officer of the society in his personal capacity under this Regulation.
proceedings
filed or taken by (2)If any question arises whether any expenditure can be so incurred or not,
or against
such question shall be referred to and decided by the Registrar, and his decision
officers in
personal shall be final.
capacities.
(3) If any person incurs expenditure in violation of sub-section (1), the
Registrar shall direct the person to repay the amount to the society within one
month and where such person fails to repay the amount as directed, such amount
shall, on a certificate issued by the Registrar, be recoverable as arrears of land
revenue.
(4) The person against whom action is taken by the Registrar under
sub-section (3) shall be disqualified to continue to be the officer of any society or
to be officer of any society at any next election including any next bye-election
held immediately after the expiration of a period of one month during which such
person has failed to pay the amount referred to in sub-section (3).
CHAPTER VII
MANAGEMENT OF SOCIETIES
Final authority 66.Subject to the provisions in this Regulation and the rules made thereunder,
of society. the final authority of every society shall vest in the general body of members in
general meeting, summoned in such a manner as may be specified in the bye-laws:
Provided that where the bye-laws of a society provide for the election of
delegates of such members, the final authority may vest in the delegates of such
members elected in the prescribed manner, and assembled in the general meeting.Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 27
(g)in Employee’s Provident Fund; or 67.(1) The management of every society shall vest in a Committee constituted Committee,
qualifications
under this Regulation, which shall exercise such powers and perform such duties
(h)in such other manner as may be determined by Administration, and
as may be conferred or imposed on it by this Regulation, the rules and the disqualifications
with the prior approval of the Administrator subject to such terms and conditions bye-laws: of members of
as may be prescribed in this behalf: Committee.
Provided that in case of co-operative society carrying on the business of
Provided that in case of a co-operative society carrying on the business of banking, the fit and proper criteria framed by the Reserve Bank shall be followed.
banking, the investments therein shall be in accordance with the guidelines
(2) Save as otherwise provided, the Managing Committee of a society,
issued by the Reserve Bank in this regard from time to time.
which is not an apex society, shall consist of, such number of elected members not
Explanation.––For the purposes of this section, the expression “nationalised exceeding twenty-one.
bank” means a corresponding new bank constituted under sub-section (1) of
section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Explanation.––For the purposes of this sub-section, the expression “apex
Act, 1970 and Banking Companies (Acquisition and Transfer of Undertakings) 5 of 1970. society” means a society,—
40 of 1980.
Act, 1980.
(a) the area of operation of which extends to the whole of the Union
Employees 64. (1) Any society may establish for its employees a provident fund, into territory;
Provident Fund. which, shall be paid the contributions made by its employees and the society and
(b)the main object of which is to promote the principal objects of the
such provident fund shall not be used in the business of the society, nor shall it
societies affiliated to it as members and to provide for the facilities and
form part of the assets of the society, but shall be invested under the provisions of
services to them; and
section 63 and shall be administered in the prescribed manner.
(c)which has been classified as an apex society by the Registrar.
(2)Notwithstanding anything contained in sub-section (1), a provident fund
established by a society to which the provisions of the Employees Provident Funds (3) There shall be reserved one seat for the Scheduled Castes or the
and Miscellaneous Provisions Act, 1952, is applicable, shall be governed by that 19 of 1952. Scheduled Tribes or Other Backward Classes and two seats for women in the
Act. Managing Committee of every society consisting of individuals as members and
having members from such class or category of persons as may be prescribed:
Funds not to be 65. (1) No expenditure from the funds of a society shall be incurred for the
utilised for purpose of defraying the costs of any proceedings filed or taken by or against any Provided that one seat may be reserved for the persons who are small
certain officer of the society in his personal capacity under this Regulation. farmers and marginal farmers.
proceedings
filed or taken by (2)If any question arises whether any expenditure can be so incurred or not,
(4) Every member of a society who is entitled to vote shall be eligible for
or against
such question shall be referred to and decided by the Registrar, and his decision
officers in appointment as a member of a Committee thereof, if––
personal shall be final.
capacities. (a) he is continuously a member of the society for a period not less
(3) If any person incurs expenditure in violation of sub-section (1), the
than three years and continues to be such member;
Registrar shall direct the person to repay the amount to the society within one
month and where such person fails to repay the amount as directed, such amount (b) he is not in default in respect of any loan taken by him from any
shall, on a certificate issued by the Registrar, be recoverable as arrears of land co-operative society, co-operative bank or any other financial institution;
revenue.
(c) he has any interest directly or indirectly in any subsisting contract
(4) The person against whom action is taken by the Registrar under made with the society or in any property sold or purchased by the society or
sub-section (3) shall be disqualified to continue to be the officer of any society or any other transaction of the society except in any investment made in or any
to be officer of any society at any next election including any next bye-election loan taken from the society;
held immediately after the expiration of a period of one month during which such
(d)he is not otherwise disqualified for being appointed as such member;
person has failed to pay the amount referred to in sub-section (3).
(e)he is not held responsible under section 87;
CHAPTER VII
(f) no order for recovery of costs is made against him by a magistrate
MANAGEMENT OF SOCIETIES
under section 97;
Final authority 66.Subject to the provisions in this Regulation and the rules made thereunder,
of society. the final authority of every society shall vest in the general body of members in (g)no order is made against him under sections 65 and 99;
general meeting, summoned in such a manner as may be specified in the bye-laws:
(h) he is not found guilty of any of the offences mentioned under
Provided that where the bye-laws of a society provide for the election of section 156 or any offence under section 314 of the Bharatiya Nyaya
delegates of such members, the final authority may vest in the delegates of such 45 of 2023. Sanhita, 2023, in respect of the property of any society.
members elected in the prescribed manner, and assembled in the general meeting.28 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(5) A member of the Committee who incurs any of the disqualifications any of the Head of the Department of the concerned society, nominated by the
specified above shall vacate the office, and if he does not vacate such office, he Committee.
shall be removed by the Registrar as such member:
(14)No Committee member of a society shall, as a Committee member, be
Provided that the Registrar shall before issuing the order of removal, give present in the discussion of, or vote on, any contract or arrangement entered into,
the person concerned an opportunity of being heard. or to be entered into, by or on behalf of such society, if he or his relative is directly
or indirectly concerned or interested in such contract or arrangement and no
(6)Notwithstanding anything contained in sub-sections (4) and (5),––
relative of any of the sitting Managing Committee members of the society shall be
(a)in case of societies dispensing with credit, no person who carries on recruited as employee including the Chief Executive Officer of that society.
the business of money lending, shall be eligible for appointment as a member
Explanation.––For the purposes of this sub-section, the term “relative” with
of the Managing Committee of the society;
reference to an individual, includes—
(b)a member of a society, who carries on business of the kind carried
(a)spouse;
on by the societies of which he is the member, shall not be eligible to be the
member of any Committee of that society without the sanction of the (b)father (including step father);
Registrar.
(c)mother (including step mother);
(7) Where any person becomes a member of a Committee of a society in
(d)son (including step son);
contravention of sub-section (6), he shall be removed from office as a member of
such Committee by the Registrar: (e)son’s wife;
Provided that the Registrar shall, before issuing the order of removal, give (f)daughter (including step daughter);
the person concerned an opportunity of being heard.
(g)daughter’s husband;
(8) The term of the elected members of the Managing Committee and its
(h)father’s father;
office bearers shall be five years from the date of election for all co-operative
societies including co-operative bank and federal societies: (i) father’s mother;
Provided that the Managing Committee shall fill up a casual vacancy in the (j)mother’s father;
Committee by nomination out of the same class or categories of members in
(k)mother’s mother;
respect of which the casual vacancy has arisen within sixty days from the date of
such vacancy, if the remaining term of office of the Managing Committee is less (l)son’s son;
than half of its original term.
(m)son’s son’s wife;
(9)The elected members of the Managing Committee and its office bearers
(n)son’s daughter;
shall cease to hold the office on the date of expiry of their term.
(o)son’s daughter’s husband;
(10)The office bearers of the Managing Committee of the societies shall be
eligible for re-election. (p)daughter’s son;
(11) The society shall co-opt persons having experience in the field of (q)daughter’s son’s wife;
banking, management, finance or specialisation in any other field relating to the
(r)daughter’s daughter;
objects and activities undertaken by the society as the members of the Managing
Committee: (s)daughter’s daughter’s husband;
Provided that the number of such co-opted members shall not exceed two in (t)brother (including step brother);
addition to the twenty-one members as specified in sub-section (2).
(u)brother’s wife;
(12) The co-opted members as aforesaid shall not have the right to vote in
(v)sister (including step sister);
any election of the society in their capacity as such members or to be eligible to be
elected as office bearers of the Managing Committee. (w)sister’s husband; and
(13)In case, where there are functional directors of a society, they shall also (x)Hindu undivided family.
be members of the Managing Committee and such members shall be excluded for
(15)Any member of the Managing Committee who violates the provision of
the purpose of counting the total number of members of such Managing
sub-section (14), shall be disqualified for being a member of the Managing
Committee.
Committee and deemed to have vacated his office from the date of such meeting
Explanation.––For the purposes of this sub-section, the expression of the Managing Committee as is referred to in the said sub-section and such
“functional director” means and includes a Managing Director or a Chief proceedings shall be deemed to be void.
Executive Officer, by whatever designation called, or any exofficio member orSec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 29
(5) A member of the Committee who incurs any of the disqualifications any of the Head of the Department of the concerned society, nominated by the
specified above shall vacate the office, and if he does not vacate such office, he Committee.
shall be removed by the Registrar as such member:
(14)No Committee member of a society shall, as a Committee member, be
Provided that the Registrar shall before issuing the order of removal, give present in the discussion of, or vote on, any contract or arrangement entered into,
the person concerned an opportunity of being heard. or to be entered into, by or on behalf of such society, if he or his relative is directly
or indirectly concerned or interested in such contract or arrangement and no
(6)Notwithstanding anything contained in sub-sections (4) and (5),––
relative of any of the sitting Managing Committee members of the society shall be
(a)in case of societies dispensing with credit, no person who carries on recruited as employee including the Chief Executive Officer of that society.
the business of money lending, shall be eligible for appointment as a member
Explanation.––For the purposes of this sub-section, the term “relative” with
of the Managing Committee of the society;
reference to an individual, includes—
(b)a member of a society, who carries on business of the kind carried
(a)spouse;
on by the societies of which he is the member, shall not be eligible to be the
member of any Committee of that society without the sanction of the (b)father (including step father);
Registrar.
(c)mother (including step mother);
(7) Where any person becomes a member of a Committee of a society in
(d)son (including step son);
contravention of sub-section (6), he shall be removed from office as a member of
such Committee by the Registrar: (e)son’s wife;
Provided that the Registrar shall, before issuing the order of removal, give (f)daughter (including step daughter);
the person concerned an opportunity of being heard.
(g)daughter’s husband;
(8) The term of the elected members of the Managing Committee and its
(h)father’s father;
office bearers shall be five years from the date of election for all co-operative
societies including co-operative bank and federal societies: (i) father’s mother;
Provided that the Managing Committee shall fill up a casual vacancy in the (j)mother’s father;
Committee by nomination out of the same class or categories of members in
(k)mother’s mother;
respect of which the casual vacancy has arisen within sixty days from the date of
such vacancy, if the remaining term of office of the Managing Committee is less (l)son’s son;
than half of its original term.
(m)son’s son’s wife;
(9)The elected members of the Managing Committee and its office bearers
(n)son’s daughter;
shall cease to hold the office on the date of expiry of their term.
(o)son’s daughter’s husband;
(10)The office bearers of the Managing Committee of the societies shall be
eligible for re-election. (p)daughter’s son;
(11) The society shall co-opt persons having experience in the field of (q)daughter’s son’s wife;
banking, management, finance or specialisation in any other field relating to the
(r)daughter’s daughter;
objects and activities undertaken by the society as the members of the Managing
Committee: (s)daughter’s daughter’s husband;
Provided that the number of such co-opted members shall not exceed two in (t)brother (including step brother);
addition to the twenty-one members as specified in sub-section (2).
(u)brother’s wife;
(12) The co-opted members as aforesaid shall not have the right to vote in
(v)sister (including step sister);
any election of the society in their capacity as such members or to be eligible to be
elected as office bearers of the Managing Committee. (w)sister’s husband; and
(13)In case, where there are functional directors of a society, they shall also (x)Hindu undivided family.
be members of the Managing Committee and such members shall be excluded for
(15)Any member of the Managing Committee who violates the provision of
the purpose of counting the total number of members of such Managing
sub-section (14), shall be disqualified for being a member of the Managing
Committee.
Committee and deemed to have vacated his office from the date of such meeting
Explanation.––For the purposes of this sub-section, the expression of the Managing Committee as is referred to in the said sub-section and such
“functional director” means and includes a Managing Director or a Chief proceedings shall be deemed to be void.
Executive Officer, by whatever designation called, or any exofficio member or30 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
Powers and 68.(1) The Committee may exercise all such powers as may be necessary or (2)The total number of meetings of the Committee in a year and the venue
functions of
expedient for the purpose of carrying out its functions under this Regulation. of meetings shall be such as may be specified in the bye-laws:
Committee.
(2)Without prejudice to the generality of the foregoing powers, such powers Provided that the Committee shall meet at least once in every quarter.
shall include the following, namely:––
(3) The Chairperson or President, if for any reason, is unable to attend a
(a)to admit members; meeting of the Committee, the Vice-Chairperson or Vice-President and in the
absence of both, any other Member of the Committee chosen by the Members of
(b) to interpret the organisational objectives and set up specific goals
the Committee present from amongst themselves at the meeting, shall preside over
to be achieved towards these objectives;
the meeting.
(c) to make periodic appraisal of operations;
(4)The quorum for a meeting of the Managing Committee of a society shall
(d) to appoint and remove Chief Executive Officer and such other be one-half of its total number of Committee members.
employees of the society as are not required to be appointed by the Chief
70. (1) There shall be a Chief Executive Officer, by whatever designation Chief Executive
Executive Officer:
called, of every society to be appointed by the Committee and he shall be a Officer.
Provided that the Committee shall frame fair and transparent policy for full-time employee of such society.
recruitment of Chief Executive Officer or any other employee;
(2) No society shall appoint or continue the employment of any person as
(e)to make provisions for regulating the appointment of employees of the Chief Executive officer who—
the society and the scales of pay, allowances and other conditions of service
(a) is below the age of twenty-one years or has attained the age of
of, including disciplinary action against such employees;
seventy years:
(f) to place the annual report, annual financial statements, annual plan
Provided that any person above the age of seventy years may be
and budget for the approval of the general body;
appointed by a special resolution passed by three-fourths majority of the
(g)to consider audit and compliance report and place the same before Committee members, in which case the explanatory statement annexed to
the general body; the notice for such motion shall indicate the justification for appointing such
person;
(h)to acquire or dispose of immovable property;
(b) is an undischarged insolvent or has any time been adjudged as an
(i)to review membership in other co-operative society;
insolvent;
(j)to approve annual and supplementary budget; (c) has at any time been convicted by a court of an offence and
sentenced for a period of more than six months; or
(k)to raise funds;
(d)does not meet the criteria for “fit and proper”, as determined by the
(l) to sanction loans to the members and determine the security to be
Registrar in case of credit societies or in case of non-credit societies, does
taken;
not meet the criteria as the Registrar may prescribe in terms of educational
(m)to take measures relating to the recovery of loans; and qualifications and relevant experience.
(n) to take such other measures or to do such other acts as may be (3) The Chief Executive Officer shall be a member of the Managing
prescribed or required under this Regulation, rules or the bye-laws or as may Committee and of such other Committees or Sub-Committees as may be
be delegated by the general body of the society. constituted.
Meetings of 69. (1) The Chief Executive Officer shall convene the meetings of the (4) Where the Central Government or the Administration holds fifty-one
Committee. Managing Committee at the instance of the Chairperson or President of the society: per cent. or more equity share capital or of total shares of the society, the salary
and allowances payable to and other terms and conditions of service including
Provided that where such Chairperson or President fails to direct the Chief
pension, gratuity and other retirement benefits of the Chief Executive Officer shall
Executive Officer to convene the meeting of the Board within the quarter, such
be such as may be prescribed.
Chief Executive Officer shall convene the meeting on the basis of requisition of
the Vice-Chairperson or Vice-President or any other Member of the Committee: 71. The Chief Executive Officer shall, under the general superintendence, Power and
direction and control of the Committee, exercise and discharge the following functions of
Provided further that notwithstanding anything contained in the first proviso, Chief Executive
powers and functions, namely:––
the Chief Executive Officer may also convene the meeting on the basis of Officer.
requisition from at least fifty per cent. of Members of the Committee.Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 31
Powers and 68.(1) The Committee may exercise all such powers as may be necessary or (2)The total number of meetings of the Committee in a year and the venue
functions of
expedient for the purpose of carrying out its functions under this Regulation. of meetings shall be such as may be specified in the bye-laws:
Committee.
(2)Without prejudice to the generality of the foregoing powers, such powers Provided that the Committee shall meet at least once in every quarter.
shall include the following, namely:––
(3) The Chairperson or President, if for any reason, is unable to attend a
(a)to admit members; meeting of the Committee, the Vice-Chairperson or Vice-President and in the
absence of both, any other Member of the Committee chosen by the Members of
(b) to interpret the organisational objectives and set up specific goals
the Committee present from amongst themselves at the meeting, shall preside over
to be achieved towards these objectives;
the meeting.
(c) to make periodic appraisal of operations;
(4)The quorum for a meeting of the Managing Committee of a society shall
(d) to appoint and remove Chief Executive Officer and such other be one-half of its total number of Committee members.
employees of the society as are not required to be appointed by the Chief
70. (1) There shall be a Chief Executive Officer, by whatever designation Chief Executive
Executive Officer:
called, of every society to be appointed by the Committee and he shall be a Officer.
Provided that the Committee shall frame fair and transparent policy for full-time employee of such society.
recruitment of Chief Executive Officer or any other employee;
(2) No society shall appoint or continue the employment of any person as
(e)to make provisions for regulating the appointment of employees of the Chief Executive officer who—
the society and the scales of pay, allowances and other conditions of service
(a) is below the age of twenty-one years or has attained the age of
of, including disciplinary action against such employees;
seventy years:
(f) to place the annual report, annual financial statements, annual plan
Provided that any person above the age of seventy years may be
and budget for the approval of the general body;
appointed by a special resolution passed by three-fourths majority of the
(g)to consider audit and compliance report and place the same before Committee members, in which case the explanatory statement annexed to
the general body; the notice for such motion shall indicate the justification for appointing such
person;
(h)to acquire or dispose of immovable property;
(b) is an undischarged insolvent or has any time been adjudged as an
(i)to review membership in other co-operative society;
insolvent;
(j)to approve annual and supplementary budget;
(c) has at any time been convicted by a court of an offence and
sentenced for a period of more than six months; or
(k)to raise funds;
(d)does not meet the criteria for “fit and proper”, as determined by the
(l) to sanction loans to the members and determine the security to be
Registrar in case of credit societies or in case of non-credit societies, does
taken;
not meet the criteria as the Registrar may prescribe in terms of educational
(m)to take measures relating to the recovery of loans; and qualifications and relevant experience.
(n) to take such other measures or to do such other acts as may be (3) The Chief Executive Officer shall be a member of the Managing
prescribed or required under this Regulation, rules or the bye-laws or as may Committee and of such other Committees or Sub-Committees as may be
be delegated by the general body of the society. constituted.
Meetings of 69. (1) The Chief Executive Officer shall convene the meetings of the (4) Where the Central Government or the Administration holds fifty-one
Committee. Managing Committee at the instance of the Chairperson or President of the society: per cent. or more equity share capital or of total shares of the society, the salary
and allowances payable to and other terms and conditions of service including
Provided that where such Chairperson or President fails to direct the Chief
pension, gratuity and other retirement benefits of the Chief Executive Officer shall
Executive Officer to convene the meeting of the Board within the quarter, such
be such as may be prescribed.
Chief Executive Officer shall convene the meeting on the basis of requisition of
the Vice-Chairperson or Vice-President or any other Member of the Committee: 71. The Chief Executive Officer shall, under the general superintendence, Power and
direction and control of the Committee, exercise and discharge the following functions of
Provided further that notwithstanding anything contained in the first proviso, Chief Executive
powers and functions, namely:––
the Chief Executive Officer may also convene the meeting on the basis of Officer.
requisition from at least fifty per cent. of Members of the Committee.32 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(a)day-to-day management of the business of the society; .
(b) operate the account of the society and be responsible for making
arrangements for safe custody of cash;
(c)sign the documents for and on behalf of the society;
(d) make arrangements for the proper maintenance of various books
and records of the society and for the correct preparation, timely submission
of periodical statements and returns in accordance with the provisions of
this Regulation, the rules and the bye-laws;
(e)convene meetings of the general body of the society, the Managing
Committee and the other Committees or sub-Committees and maintain
proper records of such meetings;
(f) make appointments to the posts in the society in accordance with
the bye-laws;
(g)assist the Committee in the formulation of policies, objectives and
planning;
(h) furnish to the Committee periodical information necessary for
appraising the operations and functions of the society;
(i)appoint the person to sue or be sued on behalf of the society;
(j)present the draft annual report and the financial statement for the
approval of the Committee within thirty days of closure of the financial
year; and
(k) perform such other functions, and exercise such other powers, as
may be specified in the bye-laws of the society, or delegated by the
Committee or general body.
Appointment of 72.(1) Where in respect of any society—
custodian in
(i) a new Committee of Management is, for any reason whatsoever,
certain
circumstances. not elected before the expiry of the term of office of members of a
Committee of Management of such society;
(ii) a new Committee has been elected and not functioning within a
period of fifteen days (not being a Committee referred to in section 85);
(iii) there is a stalemate in the constitution of the Committee, and if
such Committee has ceased to function, a vacuum is created in the
Management;
(iv)any Committee is prevented from entering upon office;
(v) a new Committee has failed to enter upon office on the date on
which the term of office of the existing Committee expired; or
(vi)where more than one group of persons in a society is claiming to
be elected as the Committee members and proceedings in respect thereof
have been filed,
the Registrar shall, by an order in writing, appoint a person or a Committee of
persons to be the custodian of the society to manage the affairs of the society for
a period of one year or until a new Committee of Management is elected or, as the
case may be, starts functioning:
Provided that before making such order, the Registrar shall display a notice
on the notice board at the head office of the society, inviting objections and
suggestions with respect to the proposed order within a period specified in the
notice and consider all objections and suggestions received by him within that
period:Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 33
Provided further that it shall not be necessary to display such notice in any
case where Registrar is satisfied that immediate action is required to be taken or
that it is not reasonably practical to display such notice.
(2) The custodian shall arrange to hold election of such society within a
period of one year and the Committee shall be constituted before the expiration
of that period.
(3)The custodian so appointed shall, subject to the control of the Registrar
and to such instructions as he may from time to time give, have powers to exercise
all or any of the functions of the Committee and take all such actions as may be
required in the interest of the society.
(4)All acts done or purported to be done by the custodian during the period
when the affairs of the society are carried on by such custodian, shall be binding
on the new Committee of Management.
73. (1) A President, Vice-President, Chairperson, Vice-Chairperson, Motion of no-
Secretary, Treasurer or any other officer by whatever designation called, who confidence.
holds office by virtue of his election to that office, shall cease to be the President,
Vice-President, Chairperson, Vice-Chairperson, Secretary, Treasurer or such
officer, as the case may be, if a motion of no-confidence is carried at a meeting of
the Committee by the majority of not less than two-third of the total number of
members present at the meeting and voting, and such office shall thereupon be
deemed to be vacant.
(2)The requisition for such special meeting shall be signed by not less than
one-third of the total number of members of the Committee who are entitled to
vote, shall be delivered to the Registrar in respect of a Committee of a society
which has the Registrar as its member and also in any other cases to the Registrar:
Provided that no such requisition for a special meeting shall be made within
a period of six months from the date on which any of the officers referred to in
sub-section (1) has entered upon his office.
(3) The Registrar upon whom the requisition has been made under
sub-section (2), shall convene a special meeting of the Committee within a period
of thirty days from the date of receipt of such requisition.
(4)The meeting shall be presided over by such officer as authorised by the
Registrar and the officer shall, when presiding over such meeting, have the same
powers as the President or Chairperson when presiding over such meeting, but
shall not have the right to vote:
Provided that the voting shall be by secret ballot.
(5) The meeting called under this section shall not for any reason, be
adjourned.
(6)If a motion of no-confidence is rejected, no fresh motion of no-confidence
shall be brought within a period of six months from the date of rejection of such
motion.
74.(1) The superintendence, direction and control of the preparation of the Co-operative
electoral rolls for, and the conduct of, all elections to a society shall vest in the Election
Authority.
authority to be called the “Co-operative Election Authority”, as may be
constituted by the Administrator in that behalf.
(2)Every general election of the members of the Committee and election of
the office-bearers of a society including any casual vacancy, to the extent
applicable, shall be held in accordance with the procedure prescribed.34 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(3) The Co-operative Election Authority shall consist of a Co-operative
Election Officer, appointed by the Administrator from officers of the Union
territory who fulfills such qualifications and experience as may be prescribed.
(4)The Administrator may appoint any employee of the Union territory,
not below the rank of Superintendent as Secretary to the Co-operative Election
Authority.
(5) The Administrator may, after consultation with the Co-operative
Election Officer, provide such number of officers and employees for his
office, to assist him in performing his functions under this Regulation.
(6)The Administrator may, when requested by the Co-operative Election
Officer, make available to the Co-operative Election Authority such staff as
may be necessary for discharge of the functions conferred on the Co-operative
Election Authority by sub-section (1).
(7)Notwithstanding anything contained in any law for the time being in
force in the Union territory, the election of the Committee of each society shall
be conducted by the Co-operative Election Authority one month before the
expiry of the term of the existing Committee so as to ensure that the newly
elected members of the Committee assume office immediately on the expiry
of the office of the members of the outgoing Committee.
(8) The Co-operative Election Authority shall hold the elections of the
society or class of societies as per the procedure, guidelines and the manner,
including using the latest technology and expertise, as may be prescribed:
Provided that the Administrator may, considering the objects of the
society, class of societies, area of operation and norms of business and for
proper management and interest of members, may by general or special order
in writing, classify the societies in such manner as may be prescribed.
(9) The Co-operative Election Authority shall conduct elections to the
Committee and also to office of President or Chairperson, Vice-President or
Vice-Chairperson and such other office bearers as are required to be elected
as per the bye-laws of the society, within fifteen days from the date of
constitution of the Committee after a general election.
(10) There shall be an Election Fund maintained by the Co-operative
Election Authority and every society shall deposit in advance, the estimated
amount of expenditure on its election, as may be prescribed and required by
the Co-operative Election Authority towards the Election Fund.
(11) The Co-operative Election Authority shall incur the necessary
expenses, for the conduct of the elections of the societies, including the election
of the office bearers, from the said Fund contributed by the concerned society.
(12) The expenses of holding of any election, including the payment of
travelling allowances, daily allowances and remuneration, if any, to the
persons appointed to exercise the powers and perform the duties in respect of
the election, shall be incurred from the said Fund and the expenditure shall be
made in the manner prescribed and the Registrar shall, on requisition by the
Co-operative Election Authority, recover expenses of holding election from
any such society or class of societies in such manner as may be prescribed:
Provided that if any society fails to pay the election expenses, the
Registrar may issue the recovery certificate for recovery of the amount due
and such amount shall be recovered as arrears of land revenue.Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 35
(13)The Committee of every co-operative society shall,—
(a) inform the Registrar of co-operative societies about the expiry of
its term of office at least six months before the date of expiry of such term;
(b)inform any casual vacancy occurred in the Committee or its office
bearers within fifteen days of the occurrence of such vacancy;
(c) furnish such books, records and information as the Co-operative
Election Authority may require as per the calendar specified by it; and
(d) provide all necessary help, assistance and co-operation for the
smooth preparation of electoral rolls for the conduct of elections.
75.Where due to scarcity, drought, flood, fire or any other natural calamity Power of
or rainy season or any election programme of the Council of the States or House Administrator to
postpone
of the People or a local authority, coinciding with the election programme of any
election.
society or class of societies, in the opinion of the Administrator, it is not in the
public interest to hold elections to any society or class of societies, the
Administrator may, notwithstanding anything contained in this Regulation or the
rules or bye-laws made thereunder, or any other law for the time being in force in
the Union territory, for reasons to be recorded in writing, by general or special
order, postpone the election of any society or class of societies, for a period not
exceeding six months at a time, which period may further be extended so,
however, that, the total period shall not exceed one year in the aggregate.
76.If a person is elected to more than one seat on the Committee then, unless, Election to more
within a period of seven days from the date of declaration of the result of the election than one seat on
Committee of
he resigns all but one of the seats by writing under his hand addressed to the Election
society.
Officer, or as the case may be, the officer authorised by the Co-operative Election
Authority in this regard, all the seats shall become vacant and on receipt of such
resignation or on the seats becoming so vacant the Election Officer, or as the case
may be, the officer authorised by the Co-operative Election Authority in this regard
shall cause to hold the election for filling the vacancy.
77. (1) It shall be the duty of the Committee to inform the Co-operative Duty to arrange
for election
Election Authority, for holding of election, before expiry of its term.
before expiry of
term.
(2) Where there is a wilful failure on the part of the Committee to inform
the Co-operative Election Authority as required under sub-section (1) for holding
of election, and for any reason whatsoever and election of the members of the
Committee could not be held before the expiry of its term, then the members
thereof shall cease to hold their office and in such a situation, the Registrar shall
take action as contemplated under section 72.
(3)On taking action under sub-section (2), the custodian so appointed shall
inform the Co-operative Election Authority for holding of the election with
immediate effect and assist to make necessary arrangement for holding such
election within the period specified.
78. (1) On the election of a new Committee, the retiring Chairperson in Handing over
records and
whose place the new Chairperson is elected shall hand over charge of the office
property to new
of the Committee and all papers and property, if any, of the society in possession Chairperson on
of the Committee or any officer thereof, to the new Chairperson of the Committee. election.
(2)If the retiring Chairperson fails or refuses to hand over charge or to hand
over the papers and property of the society as aforesaid, the Registrar, or any
person empowered by him in this behalf, may by order in writing direct him to
forthwith hand over such charge and property and the Registrar may, on the
retiring Chairperson’s failure to comply with such direction, make order for
seizing the records and property and handing them over to the new Chairperson,
in the manner provided in section 89.36 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
Restriction on 79.Notwithstanding anything contained in the bye-laws of a society—
rates of sitting
fees and (i) no society shall prescribe nor a member of a Committee thereof
travelling and
shall be entitled to sitting fees, and travelling and daily allowances while
daily allowances
of members of touring on public business, at rates exceeding such rates as may be
Committee. prescribed; and
(ii)a member of a Committee of a society shall, in relation to touring
on public business be subject to such conditions and limitations as may be
prescribed and different rates, conditions and limitations may be prescribed
in relation to members of Committees of different societies or class of
societies.
Explanation.—For the purposes of this section, the expression “touring on
public business” includes—
(a)a journey for attending any meeting of the Committee;
(b)a journey in connection with the performance of any other functions
of the Committee;
(c)a journey for attending any conference sponsored by—
(i)the Central Government;
(ii) the State Government;
(iii) the Administration;
(iv)any co-operative institution; or
(v) such other institutions recognised by the Administration in
this behalf.
Removal of 80.(1) If, in the opinion of the Registrar, any officer makes persistent default
officer. or is negligent in performance of the duties imposed on him by this Regulation or
the rules or the bye-laws made thereunder or does anything which is prejudicial
to the interests of the society or where he stands disqualified by or under this
Regulation, the Registrar may, after giving the officer an opportunity of being
heard, by order remove such officer and direct the society to elect or appoint a
person or a qualified member in the vacancy caused by such removal and the
officer so elected or appointed shall hold office so long only as the officer in
whose place he is elected or appointed would have held if the vacancy had not
occurred.
(2)The Registrar may, by order, direct that the officer so removed shall be
disqualified to hold or to contest election for any office in the society from which
he is removed and in any other society for a period not exceeding six years from
the date of the order and such officer shall stand disqualified accordingly.
Annual general 81. (1) Every society shall convene the general meeting of its members
meeting. within a period of six months of closure of the financial year to transact the
business as provided under this Regulation:
Provided that if such meeting is not called by the society within such period,
the Registrar or any person authorised by him in that behalf may in the prescribed
manner, call such meeting which shall be deemed to be a general meeting duly
called by the society.
(2) At every annual general meeting of a society, the Committee shall lay
before the society a balance sheet and profit and loss account for the year in such
manner as may be prescribed.Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 37
Explanation.—For the purposes of this section, it is hereby clarified that, in
the case of a society not carrying on business for profit, an income and expenditure
account shall be placed before the society at the annual general meeting instead
of profit and loss account; and all references to profit and loss account, and to
“profit” or loss in this Regulation, shall be construed in relation to such society as
references respectively to the “excess of income over expenditure” and “excess
of expenditure over income”.
(3)There shall be attached to every balance sheet laid before the society in
general meeting, a report by its Committee, with respect to—
(a)the state of the society’s affairs;
(b)the amounts, if any, which it proposes to carry to any reserve either
in such balance sheet, or any specific balance sheet; and
(c)the amounts, if any, which it recommends for payment by way of
dividend, bonus, or honoraria to honorary workers.
(4) The Committee’s report shall also deal in any changes in the nature of
the society’s business which have occurred during the year for which the accounts
are drawn up and such report shall be signed by its Chairperson, or any other
member authorised to sign on behalf of the Committee.
(5) At every annual general meeting, the balance sheet, the profit and loss
account, the auditor’s report and the Committee’s report, shall be placed for
adoption, and such other business shall be transacted as may be laid down in the
bye-laws and of which due notice has been given.
(6)Where any officer of the society, whose duty was to call a general meeting
within the period specified in sub-section (1) or to comply with sub-sections (2), (3)
or (4) fails without reasonable cause to call such meeting or to comply with such
sub-sections, then—
(i)if such officer is a servant of the society, the Registrar may by an order
in writing impose on him such penalty as is referred to in section 127; and
(ii)if such officer is not a servant of the society, the Registrar may by
an order in writing impose such liability as is referred to in section 127.
82. (1) A special general meeting may be called at any time by the Special general
Committee, within one month— meeting.
(i)on a requisition in writing of one-fifth of the members of the society
or of members the number of which is specified in the bye-laws for the
purpose, whichever is lower;
(ii)on a requisition from the Registrar; or
(iii) in the case of a society, which is a member of a federal society,
on a requisition from the Committee of such federal society.
(2) Where any officer or a member of the Committee, whose duty was to
call such meeting, without reasonable excuse, fails to call such meeting, the
Registrar may by order declare such officer or member disqualified for being a
member of the Committee for such period not exceeding six years, as he may
specify in such order and if the officer is an employee of the society, he may
impose on him a penalty not exceeding ten thousand rupees:
Provided that before making an order under this sub-section, the Registrar
shall give, or cause to be given, an opportunity to the person concerned of showing
cause against the action proposed to be taken against him.38 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(3)If a special general meeting of a society is not called in accordance with
the requisition referred to in sub-section (1), the Registrar or any person
authorised by him in that behalf, shall have power to call such meeting, which
shall be deemed to be a meeting duly called by the Committee.
(4)The Registrar shall have power to order that the expenditure incurred in
calling a meeting under sub-section (3) shall be paid out of the funds of the society
or by such person or persons who, in the opinion of the Registrar, were responsible
for refusal or failure to convene the meeting.
Acts of 83.(1) No act or proceeding of a society or a Committee or any officer, done
societies, etc., in good faith in pursuance of the business of the society shall be deemed to be
not to be invalid by reason of some defect subsequently discovered in the organisation of
invalidated by
the society or in the constitution of the Committee or in the appointment or
certain defects.
election of an officer or on the ground that such officer was disqualified from his
office.
(2)No act done in good faith by any person appointed under this Regulation,
the rules or bye-laws made thereunder shall be invalid merely by reason of the
fact that his appointment has been cancelled by or in consequence of any order
subsequently passed thereunder.
(3) The Registrar shall decide whether any act was done in good faith in
pursuance of the business of the society and his decision thereon shall be final.
Power to 84. (1) Where the Administration has subscribed to the share capital of a
appoint nominee society, directly or through another society, or has guaranteed the repayment of the
of
principal and payment of interest on, debentures issued or loans raised by a society,
Administration.
the Administration shall, notwithstanding anything contained in the bye-laws of
such society, have the right to nominate three representatives on the Committee of
such society, in such manner as may be determined by the Administration from
time to time.
(2)The members so nominated shall hold office during the pleasure of the
Administration, or for such period as may be specified in the order by which they
are appointed, and any such member on assuming office shall have all rights,
duties, responsibilities and liabilities, as if, he were a member of the Committee
duly elected.
(3) Where the Administration is of the opinion that having regard to the
public interest involved in the operation of a society it is necessary or expedient
so to do, it may nominate its representatives on the Committee of such society, as
if, the Administration had subscribed to the share capital of the society and the
provisions of sub-sections (1) and (2) shall, so far as may be apply to such
nomination.
Explanation.—For the purposes of this section, it is hereby clarified that any
nomination of the Registrar or his nominee on the Committee of a society under
the bye-laws of such society shall not be construed as nomination of the
representative on that Committee in exercise of the right of the Administration
under this section.
Extension of 85. (1) Where on the expiry of the term of office of the members of any
term of Committee of Management nominated by the Administrator, or the Registrar, the
nominated
Administrator or, as the case may be, the Registrar is of the opinion that it is
Committee or
appointment of necessary or expedient so to do, it or he may, by an order published in the Official
custodian. Gazette,—
(a)extend the term of office of the members of the said Committee of
the Management; orSec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 39
(b)appoint a person or a Committee of persons to be the custodian of
the society for such period not exceeding two years in the aggregate or until
a new Committee of Management is elected, whichever is earlier.
(2)The custodian so appointed shall, subject to the control of the Registrar
and to such instructions as he may, from time to time, give, have powers to
exercise all or any of the functions of the Committee, and take all such actions as
may be required in the interests of the society.
86.(1) If, in respect of a Committee of a society having the Registrar as its
Supersession of
member, the Administrator and in respect of a Committee of a society which does a Committee
not have the Registrar as its member, the Registrar, is of the opinion that— and appointment
of a Committee
(i)the Committee persistently makes default; or Special
Officer.
(ii) the Committee is negligent in the performance of its duties
imposed on it by or under this Regulation or the rules made thereunder or
the bye-laws; or
(iii)the Committee has committed any act prejudicial to the interest of
the society or its members,
the Administrator or, as the case may be, the Registrar, after giving the Committee
an opportunity of being heard, within fifteen days from the date of issue of notice,
by an order in writing, supersede the Committee and appoint—
(a)a Committee, consisting of one or more members of the society, not
being the members of the Committee superseded under this sub-section; or
(b)a special officer from amongst the officers of the Administration,
to manage the affairs of the society for a period not exceeding one year as may be
specified in the order, which period may, at the discretion of the Administrator or
the Registrar, as the case may be, be extended from time to time, so, however, the
term of the Committee or the special officer shall be, two years in aggregate.
(2)Before passing an order under sub-section (1), the Administrator or the
Registrar, as the case may be, shall consult the co-operative financing institution,
if such society is indebted to it.
(3) The Committee or special officer so appointed shall, subject to such
instructions and control of the Administrator or the Registrar, as the case may be,
have power to exercise all or any of the functions of the Committee or of any
officer of the society, and take all such action as may be required in the interests
of the society.
(4)The Committee or special officer appointed under sub-section (1) shall
arrange to hold the election of the Committee of the society at such time as
directed by the Administrator or the Registrar, as the case may be, but not later
than the period as specified in sub-section (1).
(5)All acts done or purported to be done by the Committee or special officer
during the period during which the affairs of the society are carried on by the
Committee or special officer appointed under sub-section (1), shall be binding on
the new Committee.
(6) The remuneration of members of the Committee or special officer
appointed under sub-section (1) shall be such as may be prescribed and the same
shall be paid from the fund of the society.
(7)The members of the Committee which has been superseded under sub-section (1),
shall not be eligible to become a member of the Committee of any society for a period of six
years from the date of supersession of such Committee.40 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
Registrar’s 87.(1) It shall be the duty of every society to keep the prescribed books of
power to
accounts with respect to all sums of money received and expended by the society,
enforce
performance of and the matters in respect of which the receipt and expenditure take place, all sales
obligation. and purchases of goods by the society, and the assets and liabilities of the society,
and to furnish such statements and returns and such records to the Registrar as the
Registrar may by order direct from time to time and the officer or officers of the
society shall be bound to comply with the order within the period specified
therein.
(2)Where any society is required to take any action under this Regulation,
the rules or the bye-laws made thereunder, or in compliance with an order made
under sub-section (1) and such action is not taken—
(a)within the time provided in this Regulation, the rules or the bye-laws,
or the order, as the case may be; or
(b) where no time is so provided, within such time, having regard to
the nature and extent of the action to be taken, as the Registrar may specify
by notice in writing,
the Registrar may himself, or through a person authorised by him, take such
action, at the expense of the society and such expense shall be recoverable from
the society, as if it were an arrear of land revenue.
(3)Where the Registrar takes action under sub-section (2), he may call upon
any officer of the society whom he considers to be responsible for not complying
with the provisions of this Regulation, the rules or the bye-laws made thereunder,
or the order made under sub-section (1), and, after giving him an opportunity of
being heard, may require him to pay to the society the expenses paid or payable
by it to the Administration as a result of his failure to take action, and to pay to
from the assets of the society, such sum not exceeding one hundred rupees for
each day until the directions of the Registrar are carried out.
Power of 88. (1) If the Administrator, on receipt of a report from the Registrar or
Administration
otherwise, is satisfied that in the public interest or for the purposes of securing
to give
directions in proper implementation of co-operative production and other development
public interest, programmes approved or undertaken by the Administration or to secure the
etc.
proper management of the business of the society generally, or for preventing the
affairs of the society being conducted in a manner detrimental to the interests of
the members or of the depositors or the creditors thereof, it is necessary to issue
directions to any class of societies generally or to any society or societies in
particular, the Administration may issue directions to them from time to time,
and all societies or the society concerned, as the case may be, shall be bound to
comply with such directions.
(2) The Administrator may modify or cancel any directions issued under
sub-section (1), and in modifying or cancelling such directions, it may impose
such conditions as it may deem fit.
(3)Where the Administrator is satisfied that any person was responsible
for complying with directions or modified directions issued to a society under
sub-sections (1) and (2) and he has failed, without any good reason or
justification, to comply with the directions, the Administrator may by order,—
(a)if the person is a member of the Committee of the society, declare
him to be disqualified to continue as such member for a period of six years
from the date of the order;
(b) if the person is an employee of the society, direct the Committee
to remove such person from employment of the society forthwith, and if any
member or members of the Committee, without any good reason or
justification, fail to comply with this order, declare them disqualified as
provided in clause (a):Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 41
Provided that, before making any order under this sub-section, the Registrar
shall give a reasonable opportunity of being heard to the person or persons
concerned and consult the federal society to which the society is affiliated:
Provided further that, such federal society shall communicate its opinion to
the Administrator within a period of forty-five days from the date of receipt of
communication, failing which it shall be presumed that such federal society has
no objection to take action under this section and the Administrator shall be at
liberty to proceed further and take action accordingly.
(4)Any order made by the Administrator under this section shall be final.
Explanation.––For the removal of doubts, it is hereby clarified that the
above provisions shall only be applicable where there is a Central Government’s
or Administration’s shareholding or loan or financial assistance or any guarantee
by the Central Government or Administration, to the society.
89. (1) Where the Registrar is satisfied that the books and records of a Registrar’s
society are likely to be suppressed, tampered with or destroyed or the funds and power to seize
records, etc.
property of a society are likely to be mis-appropriated or mis-applied or the officer
or the person in possession unreasonably refuses to give possession of the books,
records, funds and property, he may issue an order in writing directing the person
duly authorised by him to seize and take possession of such books, records, funds
and property of the society, and the officer of the society responsible for the
custody of such books, records, funds and property or person in possession of the
same shall give delivery thereof forthwith to the person so authorised.
(2) If the officer of the society or person in possession does not give the
delivery, then, without prejudice to any other action that may be taken against
such officer, person or society under the provisions of this Regulation, the
Registrar or the person authorised by him may apply to the Executive Magistrate
within whose jurisdiction the society is functioning for seizing and taking the
possession of such books, records, funds and property of the society.
(3) On receipt of an application under sub-section (2), the Magistrate may
authorise any police officer not below the rank of a Sub-Inspector to enter and
search any place where the books, records, funds and property are kept or likely
to be kept and to seize them and hand over possession thereof to the Registrar or
the person authorised by him, as the case may be.
CHAPTER VIII
AUDIT, INQUIRY, INSPECTION AND SUPERVISION
90.(1) The Registrar shall audit, or cause to be audited by a person possessing Audit.
prescribed qualifications and authorised by the Registrar by general or special
order in writing in this behalf, the accounts of every society at least once in each
year and the person so authorised shall be an auditor for the purposes of this
Regulation:
Provided that in case of a co-operative society carrying on the business of
banking, the guidelines and audit as provided by the Reserve Bank from time to
time shall be followed:
Provided further that the co-operative banks shall obtain permission from
the Reserve Bank for the appointment, re-appointment and termination of auditors
as per the provisions of the Banking Regulation Act, 1949.
10 of 1949.
(2)The auditor shall for the purpose of audit, at all times have access to all
the books, accounts, documents, papers, securities, cash and other properties
belonging to, or in the custody of the society and may summon any person in
possession or responsible for the custody of such books, accounts, documents,
papers, securities, cash or other properties to be produced at the headquarters of
the society or any branch thereof.42 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(3) If, it appears to the Registrar on an application or otherwise that it is
necessary or expedient to get any account of the society re-audited, the Registrar
may, by an order, provide for re-audit and the provisions of this Regulation
applicable to the audit of accounts of the society shall apply to such re-audit.
(4)The Registrar shall, by an order, provide for a special audit of any society
on its own motion or on the basis of the recommendation of the Reserve Bank or,
as the case may be, the National Bank and the provisions relating to audit of
accounts of the society under this section shall apply to such special audit.
(5) For auditing the accounts of a society under this section, every society
shall be liable to pay to the auditor such amount of audit fee as may be prescribed
for different categories or class of societies.
(6) The Registrar may, in consultation with the National Bank specify
prudential norms including capital to risk weighted assets ratio for Primary
Agricultural Credit Co-operative Societies:
Provided that in the case of a co-operative society carrying on the business
of banking, the guidelines on prudential norms issued by Reserve Bank from time
to time shall apply.
(7) The Administrator may, by rules, provide for the form and manner in
which and the period within which the accounts of the society or the class of
societies shall be prepared and submitted for the purpose of online audit.
(8)The auditor’s report shall contain,—
(i) all particulars of the defects or the irregularities observed in audit
and in case of financial irregularities and misappropriation or embezzlement
of funds or fraud, the auditor or the auditing firm shall investigate and report
the modus operandi, the entrustment and amount involved;
(ii)the accounting irregularities and their implications on the financial
statements shall be indicated in detail in the report with the corresponding
effects on the profit and loss;
(iii)irregularities or violations observed or reported, the responsibilities
for such irregularities or violations.
(9) If, it is brought to the notice of the Registrar that the audit report
submitted by the auditor does not disclose the true and correct picture of the
accounts, the Registrar or the authorised person may carry out or cause to be
carried out a test audit of accounts of such society and such test audit shall include
the examination of such items as may be prescribed, and specified by the Registrar
in such order.
(10)If, during the course of audit of any society, the auditor is satisfied that
some books of accounts or other documents contain any incriminatory evidence
against past or present officer or employee of the society, the auditor shall
immediately report the matter to the Registrar and with previous permission of
the Registrar, may impound the books or documents and give a receipt thereof to
the society.
(11) The auditor shall submit his report within a period of one week from
its completion to the society and to the Registrar in such form as may be specified
by the Registrar, on the accounts examined by him and on the balance sheet and
profit and loss account as on the date and for the period up to which the accounts
have been audited, and shall state whether in his opinion and to the best of his
information and according to the explanation given to him by the society the saidSec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 43
accounts give all information required by or under this Regulation and present the
true and correct picture of the financial transactions of the society:
Provided that where the auditor has come to a conclusion in his audit report
that any person, is guilty of any offence relating to the accounts or any other
offences, he shall file a specific report to the Registrar within a period of fifteen
days from the date of submission of his audit report and the auditor concerned
shall, after obtaining written permission of the Registrar, file a First Information
Report of the offence and the auditor, who fails to file First Information Report,
shall be liable for disqualification and his name removed from the panel of
auditors and shall also be liable to any other action as the Registrar may think fit:
Provided further that when it is brought to the notice of the Registrar that,
the auditor has failed to initiate action, the Registrar shall cause a First Information
Report to be filed by a person authorised by him in that behalf:
Provided also that on conclusion of his audit, if the auditor finds that there
are apparent instances of financial irregularities resulting into losses to the society
caused by any member of the Committee or officers of the society or by any other
person, he shall prepare a special report and submit the same to the Registrar along
with his audit report; and failure to file such Special Report, would amount to
negligence on his part and he shall be disqualified for appointment as an auditor
or any other action, as the Registrar may think fit.
91.If, the result of the audit under section 90 and inspection under sections 93 Rectification of
defects or
and 94 discloses any defects in the working of the society, the society shall within a
irregularities in
period of two months from the date of the audit and inspection report, clarify to the
accounts and
Registrar as regards the defects or the irregularities so pointed out in audit and inspection
inspection report, and if clarification in respect of any defect or irregularity is not report of
society.
accepted, take steps to rectify the defects and remedy irregularities within such period
as may be specified by the Registrar and shall report to the Registrar, failing which
the Registrar shall have power to impose a penalty of such amount not exceeding ten
thousand rupees and where society concerned is a member of a federal society, such
order shall be made after consulting the federal society.
92.(1) The Registrar may, of his own motion, or— Inquiry by
Registrar.
(a)on the requisition of a society duly authorised by rules made in this
behalf to make such requisition, in respect of any of its members, such member
being itself a society;
(b)on the application of a majority of the Committee of a society; or
(c)on the application of one-third of the members of a society,
shall hold such an inquiry himself, or by a person duly authorised by him in writing
in this behalf, hold an inquiry into the constitution, working and financial conditions
of a society.
(2) Every officer, member and previous member of the society in respect of
whom an inquiry is held, and any other person who is in possession of information,
books and papers relating to the society, shall on being so required furnish such
information as is in his possession, and produce all books and papers relating to the
society which are in his custody or power, and otherwise give to the officer holding
the inquiry all assistance in connection with the inquiry which he may reasonably
give.
(3)If, any person referred to in sub-section (2) refuses to produce to the
Registrar or any person authorised by him under sub-section (1), any book or44 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
paper which it is his duty under sub-section (2) to produce or to answer any
question which is put to him by the Registrar or the person authorised by him in
pursuance of sub-section (2), the Registrar or the person authorised by him may
certify the refusal and the Registrar may impose on the defaulter a penalty of an
amount not exceeding five thousand rupees and before imposing such penalty, the
Registrar shall give, or cause to be given an opportunity to the defaulter, of
showing cause against the action proposed to be taken against him.
(4)If, at any stage of the inquiry under this section, the Registrar is satisfied
that in the interest of the members of the society, it is necessary to take over all
books and papers relating to the society during the period of inquiry, he may make
an order in writing to that effect and direct the society to hand over all books and
papers relating to the society to such officer as may be specified in the order and
the Registrar may also issue a direction to the society to refrain from doing such
acts or engaging in such activities as may be specified in the direction.
(5) The society shall be bound to comply with any direction issued to it
under sub-section (4).
(6)The books and papers taken over under sub-section (4) shall be returned
to the society on the completion of the inquiry.
(7) When an inquiry is held under this section, the Registrar shall
communicate the result of the inquiry—
(i) in case the Administration has subscribed directly to the share
capital of the society, to such society or to any officer appointed by it in this
behalf;
(ii)to the federal co-operative society concerned; and
(iii)to the society concerned.
(8) The Registrar may, by an order and for the reasons mentioned therein,
withdraw the responsibility of inquiry from the officer to whom it is entrusted,
and to hold the inquiry himself or entrust it to any other person as he deems fit.
Inspection of 93.(1) On the application of a creditor of a society who,—
books of
indebted (a)satisfies the Registrar that there is a debt which is due, and that he
society.
has demanded payment thereof and has not received satisfaction within
reasonable time; and
(b)deposits with the Registrar such sum as the Registrar may require
as security for the costs of any inspection of the books of the society,
the Registrar may, if he thinks it necessary or expedient, inspect or direct a person
authorised by him by order in writing in this behalf to inspect the books of the
society.
(2)The Registrar shall communicate the result of any such inspection to the
applicant, and to the society whose books have been inspected.
(3) The Registrar may, by an order and for the reasons mentioned therein,
withdraw any inspection from the officer to whom it is entrusted, and to carry out
the inspection himself or entrust it to any other person as he deems fit.
Inspection of 94. (1) The Registrar or the person authorised by him in this behalf shall
books by have the right to inspect the books of any society and shall have free access to the
Registrar or
books, accounts, documents, securities, cash and other properties belonging to, or
financing bank
or federal in the custody of the society.
society.Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 45
(2)Every person who is or has at any time been an officer or employee of
the society and every member and previous member of the society shall furnish
such information in regard to such transactions and working of the society as
the Registrar or the person authorised by him may require.
(3) Where a society is indebted to any co-operative financing bank, such
bank shall have the right to inspect the books of that society and the inspection
may be made either by an officer of the bank authorised by the Committee of
such bank or by a member of its paid staff certified by the Registrar as competent
to undertake such inspection.
(4)The officer or member so inspecting shall at all reasonable times, have
free access to the books, accounts, documents, securities, cash and other
properties belonging to or in the custody of the society and may also call for
such information, statements and returns, as may be necessary, to ascertain the
financial condition of the society and the safety of the sums lent to it by the
bank.
(5) Where a society is a member of a federal society recognised by the
Administration under section 101, such federal society shall have the right to
inspect the books of that society and the inspection may be made either by an
officer of the federal society authorised by the Committee of such federal
society or by a paid employee of such federal society certified by the Registrar
as competent to undertake such inspection.
(6) The officer or employee referred to in sub-section (5), shall at all
reasonable times have free access to the books, accounts, documents, securities,
cash and other properties belonging to, or in the custody of the society and may
also call for such information, statements, and returns as may be necessary.
95. (1) Where, in the course of an audit under section 90 or an inquiry Suspension of
under section 92 or an inspection under section 93 or section 94, it is brought to officer or
servant of
the notice of the Registrar that a paid officer or servant of a society has
society.
committed or has been otherwise responsible for misappropriation, breach of
trust or other offence, in relation to the society, the Registrar may, if he is of
opinion that there is a prima facie evidence against such paid officer or servant
and the suspension of such paid officer or servant is necessary in the interest of
the society, direct the Committee of the society pending the investigation and
disposal of the matter, to place or cause to be placed such paid officer or servant
under suspension from such date and for such period as may be specified by
him:
Provided that no paid officer or servant shall be suspended, unless such
officer or servant has been given an opportunity of hearing in the matter.
(2)On receipt of a direction from the Registrar under sub-section (1), the
Committee of the society shall, notwithstanding any provision to the contrary in
the bye-laws, place or cause to be placed the paid officer or servant under
suspension forthwith.
(3) The Registrar may direct the Committee to extend from time to time,
the period of suspension and the paid officer or servant suspended shall not be
reinstated except with the previous sanction of the Registrar.
(4) If the Committee fails to comply with the direction issued under
sub-section (1), the Registrar may make an order placing such paid officer
or servant under suspension from such date and for such period as he may
specify in the order and thereupon the paid officer or servant, as the case
may be, shall be under suspension.46 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
Cost of inquiry 96. (1) Where an inquiry is held under section 92 or an inspection is made such audit or date of order for inquiry, inspection or winding up, misapplied or
and inspection.
under section 94, the Registrar may apportion the costs, or such part of the costs, retained, or become liable or accountable for, any money or property of the
as he may think just, between the society, the members or creditors demanding the society, or has been guilty of misfeasance or breach of trust in relation to the
inquiry or inspection, the officers or former officers and the members or past society, the Registrar or a person authorised by him in that behalf may investigate
members or the estates of the deceased members of the society and pass such order the conduct of such person or persons and after framing charges against such
within a period of six months from the date of submission of inquiry report: person or persons, and after giving a reasonable opportunity to the person
concerned and in the case of a deceased person to his representative who inherits
Provided that—
his estate, to answer the charges, make an order requiring him to repay or restore
(a) no order of apportionment of the costs shall be made under this the money or property or any part thereof, with interest at such rate as the
section, unless the society or persons or the legal representative of the Registrar or the person authorised under this section may determine, or to
deceased person liable to pay the costs thereunder, has or have been heard, or contribute such sum to the assets of the society by way of compensation in regard
have had a reasonable opportunity of being heard; to the misapplication, retention, misfeasance or breach of trust, as he may
determine:
(b) the Registrar shall state in writing the grounds on which the costs
are apportioned. Provided that the proceedings under this sub-section, shall be completed by
the authorised person within a period of two years from the date of issue of order
(2) No expenditure from the funds of a society shall be incurred for the
by the Registrar:
purpose of defraying any costs in support of any appeal preferred by any person
other than the society against an order made under the foregoing sub-section. Provided further that the Registrar may, after recording the reasons therefor,
extend the said period for a maximum period of six months:
Mode of 97. Any sum imposed as penalty under sections 81, 82, 91 or section 92 or
recovery of awarded by way of costs under section 96 may, on an application by the Registrar Provided also that the Administrator may, on the report of the Registrar or
sums imposed
or a person authorised by him in that behalf to a Magistrate having jurisdiction in suo motu, for the reasons to be recorded in writing, extend the said period as may
as penalty or
awarded as the place where the person from whom the penalty or costs are recoverable resides be required, from time to time, to complete the proceedings under this sub-section.
costs. or carries his business, be recovered by the Magistrate as if it were a fine imposed
(2) The Registrar or the person authorised under sub-section (1) in making
by himself and such Magistrate shall proceed to recover the same in the same
any order under this section, may provide therein for the payment of the costs or
manner as if it were a fine imposed by himself.
any part thereof of such investigation, as he thinks just, and he may direct that
Registrar to 98. (1) If, the result of any inquiry held under section 92 or inspection made such costs or any part thereof shall be recovered from the person against whom the
bring defects under section 93 or 94, discloses any defect in the constitution, working or order has been issued.
disclosed in
financial condition or the books of a society, the Registrar may bring such defects
inquiry or Explanation.—For the removal of doubts, it is hereby clarified that the
inspection to to the notice of the society and the Registrar may also make an order directing the
provisions of this section shall apply, notwithstanding that the act is one for which
notice of society or its officers to take such action as may be specified in the order to
society. the person concerned may be criminally responsible.
remedy the defects, within the time specified therein.
100. The Registrar or the person authorised by him, when acting under Power to
(2)The society concerned may make an appeal against an order made by the enforce
sections 92, 93, 94 or section 99 shall have the power to summon and enforce the
Registrar under sub-section (1) to the Administrator within a period of two months attendance,
attendance of any person to give evidence or to compel the production of any
from the date of the communication of the order to the society. etc.
documents or other material object by the same means and in the same manner as
(3)The Administrator may, in deciding the appeal, annul, reverse, modify or 5 of 1908. is provided in the case of a civil suit under the Code of Civil Procedure, 1908.
confirm the order of the Registrar.
101. (1) The Administration may constitute Committees or recognise one or Constitution or
(4) Where the society fails to rectify the defects as directed by the Registrar more co-operative federal societies in such manner as may be prescribed and recognition of
federal society
and where no appeal has been made to the Administrator under sub-section (2) or subject to such conditions as the Administration may determine, for the
to supervise
where on the appeal so made the Administrator has not annulled, reversed or supervision of a society or a class of societies and may frame rules for making working of
modified the order, the Registrar may himself take steps to have the defects grants to such Committee or federal society. societies.
rectified, and may recover the cost from the officers of the society who, in his
(2)The Administration may, by general or special order in writing, require a
opinion, have failed to rectify the defects.
society or a class of societies to make contribution of such sum every year as may
Power of 99.(1) Where, in the course of or as a result of an audit under section 90, or be fixed by the Registrar towards the recoupment of expenditure which the
Registrar to an inquiry under section 92 or an inspection under section 93 or section 94, or the Administration or any person authorised or a Committee in that behalf has
assess
winding up of a society, the Registrar is satisfied on the basis of the report made incurred or is likely to incur, in respect of the supervision of societies.
damages
by the auditor or the person authorised to make inquiry under section 92, or the
against (3) A society to which sub-section (2) is applicable shall pay to such
delinquent, person authorised to inspect the books under section 93 or 94 or the Liquidator
authority such fee within such period as may be prescribed and, if it fails to pay
promoter, etc. under section 117, that any person who has taken any part in the organisation or
such fee within the period, the authority may recover it as if it were an arrear of
management of the society or any deceased, or past or present officer of the
land revenue.
society has, within a period of five years prior to the date of commencement ofSec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 47
Cost of inquiry 96. (1) Where an inquiry is held under section 92 or an inspection is made such audit or date of order for inquiry, inspection or winding up, misapplied or
and inspection.
under section 94, the Registrar may apportion the costs, or such part of the costs, retained, or become liable or accountable for, any money or property of the
as he may think just, between the society, the members or creditors demanding the society, or has been guilty of misfeasance or breach of trust in relation to the
inquiry or inspection, the officers or former officers and the members or past society, the Registrar or a person authorised by him in that behalf may investigate
members or the estates of the deceased members of the society and pass such order the conduct of such person or persons and after framing charges against such
within a period of six months from the date of submission of inquiry report: person or persons, and after giving a reasonable opportunity to the person
concerned and in the case of a deceased person to his representative who inherits
Provided that—
his estate, to answer the charges, make an order requiring him to repay or restore
(a) no order of apportionment of the costs shall be made under this the money or property or any part thereof, with interest at such rate as the
section, unless the society or persons or the legal representative of the Registrar or the person authorised under this section may determine, or to
deceased person liable to pay the costs thereunder, has or have been heard, or contribute such sum to the assets of the society by way of compensation in regard
have had a reasonable opportunity of being heard; to the misapplication, retention, misfeasance or breach of trust, as he may
determine:
(b) the Registrar shall state in writing the grounds on which the costs
are apportioned. Provided that the proceedings under this sub-section, shall be completed by
the authorised person within a period of two years from the date of issue of order
(2) No expenditure from the funds of a society shall be incurred for the
by the Registrar:
purpose of defraying any costs in support of any appeal preferred by any person
other than the society against an order made under the foregoing sub-section. Provided further that the Registrar may, after recording the reasons therefor,
extend the said period for a maximum period of six months:
Mode of 97. Any sum imposed as penalty under sections 81, 82, 91 or section 92 or
recovery of awarded by way of costs under section 96 may, on an application by the Registrar Provided also that the Administrator may, on the report of the Registrar or
sums imposed
or a person authorised by him in that behalf to a Magistrate having jurisdiction in suo motu, for the reasons to be recorded in writing, extend the said period as may
as penalty or
awarded as the place where the person from whom the penalty or costs are recoverable resides be required, from time to time, to complete the proceedings under this sub-section.
costs. or carries his business, be recovered by the Magistrate as if it were a fine imposed
(2) The Registrar or the person authorised under sub-section (1) in making
by himself and such Magistrate shall proceed to recover the same in the same
any order under this section, may provide therein for the payment of the costs or
manner as if it were a fine imposed by himself.
any part thereof of such investigation, as he thinks just, and he may direct that
Registrar to 98. (1) If, the result of any inquiry held under section 92 or inspection made such costs or any part thereof shall be recovered from the person against whom the
bring defects under section 93 or 94, discloses any defect in the constitution, working or order has been issued.
disclosed in
financial condition or the books of a society, the Registrar may bring such defects
inquiry or Explanation.—For the removal of doubts, it is hereby clarified that the
inspection to to the notice of the society and the Registrar may also make an order directing the
provisions of this section shall apply, notwithstanding that the act is one for which
notice of society or its officers to take such action as may be specified in the order to
society. the person concerned may be criminally responsible.
remedy the defects, within the time specified therein.
100. The Registrar or the person authorised by him, when acting under Power to
(2)The society concerned may make an appeal against an order made by the enforce
sections 92, 93, 94 or section 99 shall have the power to summon and enforce the
Registrar under sub-section (1) to the Administrator within a period of two months attendance,
attendance of any person to give evidence or to compel the production of any
from the date of the communication of the order to the society. etc.
documents or other material object by the same means and in the same manner as
(3)The Administrator may, in deciding the appeal, annul, reverse, modify or 5 of 1908. is provided in the case of a civil suit under the Code of Civil Procedure, 1908.
confirm the order of the Registrar.
101. (1) The Administration may constitute Committees or recognise one or Constitution or
(4) Where the society fails to rectify the defects as directed by the Registrar more co-operative federal societies in such manner as may be prescribed and recognition of
federal society
and where no appeal has been made to the Administrator under sub-section (2) or subject to such conditions as the Administration may determine, for the
to supervise
where on the appeal so made the Administrator has not annulled, reversed or supervision of a society or a class of societies and may frame rules for making working of
modified the order, the Registrar may himself take steps to have the defects grants to such Committee or federal society. societies.
rectified, and may recover the cost from the officers of the society who, in his
(2)The Administration may, by general or special order in writing, require a
opinion, have failed to rectify the defects.
society or a class of societies to make contribution of such sum every year as may
Power of 99.(1) Where, in the course of or as a result of an audit under section 90, or be fixed by the Registrar towards the recoupment of expenditure which the
Registrar to an inquiry under section 92 or an inspection under section 93 or section 94, or the Administration or any person authorised or a Committee in that behalf has
assess
winding up of a society, the Registrar is satisfied on the basis of the report made incurred or is likely to incur, in respect of the supervision of societies.
damages
by the auditor or the person authorised to make inquiry under section 92, or the
against (3) A society to which sub-section (2) is applicable shall pay to such
delinquent, person authorised to inspect the books under section 93 or 94 or the Liquidator
authority such fee within such period as may be prescribed and, if it fails to pay
promoter, etc. under section 117, that any person who has taken any part in the organisation or
such fee within the period, the authority may recover it as if it were an arrear of
management of the society or any deceased, or past or present officer of the
land revenue.
society has, within a period of five years prior to the date of commencement of48 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
CHAPTER IX (b)the expression “agent” includes, in the case of a housing society, an
architect, engineer or contractor engaged by the society.
PROCEDURE FOR DECIDING DISPUTES
Disputes. 102. (1) Notwithstanding anything contained in any other law for the time 36 of 1963. 103.(1) Notwithstanding anything contained in the Limitation Act, 1963, but Limitation.
subject to the specific provisions made in this Regulation, the period of limitation
being in force in the Union territory, any dispute touching the constitution,
in the case of a dispute referred to the Registrar under section 102 shall—
management, business, election of the Committee or its officers or conduct of
general meetings of a society shall be referred by any of the parties to the dispute, (a) when the dispute relates to the recovery of any sum, including
or by a federal society to which the society is affiliated, or by a creditor of the interest thereon due to a society by a member thereof, be computed from the
society, to the Registrar, if the parties thereto are amongst the following, date on which such member dies or ceases to be a member of the society;
namely:—
(b) when the dispute is between a society or its Committee, and any
(a) a society, its Committee, any past Committee, any past or present past Committee, any past or present officer, or past or present agent, or past
officer, any past or present agent, any past or present servant or nominee, or present servant or the nominee, heir or legal representative of a deceased
legal heir or legal representative of any deceased officer, deceased agent or officer, deceased agent or deceased servant of the society, or a member, or
deceased servant of the society, or the Liquidator of the society; past member, or the nominee, heir or legal representative of a deceased
member, and when the dispute relates to any act or omission on the part of
(b) a member, past member or a person claiming through a member,
either party to the dispute, be six years from the date on which the act or
past member or a deceased member of a society, or a society which is a
omission with reference to which the dispute arose, took place;
member of the society;
(c) when the dispute is in respect of any matter relating to the
(c)a person, other than a member of the society, who has been granted
constitution, management or business of a society which has been ordered to
a loan by the society, or with whom the society has or had transactions under
be wound up under section 114, or in respect of which a nominated
the provisions of section 50, and any person claiming through such a person;
Committee or special officer has been appointed under section 87, be six
(d) a surety of a member, past member or a deceased member, or a years from the date of the order issued under section 114, or section 87, as
person other than a member who has been granted a loan by the society the case may be;
under section 50, whether such a surety is or is not a member of the society;
(d) when the dispute is in respect of an election of any office bearer of
(e) any other society, official assignee or the Liquidator of such a a society, be two months from the date of the declaration of the result of such
society. election.
(2)When any question arises a matter referred to for decision is a dispute or (2) The period of limitation in the case of any dispute other than those
not, under sub-section (1), the question shall be considered by the Registrar, whose mentioned in sub-section (1) which are required to be referred to the Registrar
decision shall be final. 36 of 1963. under section 106 shall be regulated by the provisions of the Limitation Act, 1963,
as if the dispute were a suit, and the Registrar a civil court.
Explanation.—For the purposes of this sub-section, it is hereby clarified that—
(3) Notwithstanding anything contained in sub-sections (1) and (2), the
(a)the expression “dispute” shall include—
Registrar may admit dispute after the expiry of the period of limitation, if the
(i) a claim by a society for any debt or demand due to it from a applicant satisfies him that he had sufficient cause for not referring the dispute
member, past member or the nominee, legal heir or legal representative within such period, and the dispute so admitted shall not be barred on the ground
of a deceased member, whether such a debt or demand be admitted or that the period of limitation had expired.
not;
104. (1) If the Registrar is satisfied that any matter, referred to him is a Settlement of
(ii) a claim by a surety for any sum or demand due to him from dispute, within the meaning of section 102, the Registrar shall, subject to the rules disputes.
the principal borrower in respect of a loan by a society and recovered to be made in this behalf, decide the dispute himself, or refer it for disposal to a
from the surety owing to the default of the principal borrower, whether nominee, or a board of nominees, appointed by the Registrar:
such a sum or demand be admitted or not;
Provided that no person who is connected with a dispute or with the society
(iii) a claim by a society for any loss caused to it by a member, at any stage or has previously inspected the society or audited its accounts shall be
past member, or deceased member, by any officer, past officer or appointed as a nominee or as a member of the board of nominees to settle the
deceased officer, by any agent, past agent or deceased agent, or by any dispute.
servant, past servant or deceased servant, or by its Committee, past or
(2) Where any dispute is referred under sub-section (1) for decision to the
present whether such loss be admitted or not;
Registrar’s nominee or board of nominees, the Registrar may at any time, for
(iv) a refusal or failure by a member, a past member or a reasons to be recorded in writing, withdraw such dispute from his nominee, or
nominee, legal heir or legal representative of a deceased member, to board of nominees, and may decide the dispute himself, or refer it again for
deliver possession to a society of land or any other asset resumed by it decision to any other nominee, or board of nominees, appointed by him.
for breach of conditions of the assignment;Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 49
CHAPTER IX (b)the expression “agent” includes, in the case of a housing society, an
architect, engineer or contractor engaged by the society.
PROCEDURE FOR DECIDING DISPUTES
Disputes. 102. (1) Notwithstanding anything contained in any other law for the time 36 of 1963. 103.(1) Notwithstanding anything contained in the Limitation Act, 1963, but Limitation.
subject to the specific provisions made in this Regulation, the period of limitation
being in force in the Union territory, any dispute touching the constitution,
in the case of a dispute referred to the Registrar under section 102 shall—
management, business, election of the Committee or its officers or conduct of
general meetings of a society shall be referred by any of the parties to the dispute, (a) when the dispute relates to the recovery of any sum, including
or by a federal society to which the society is affiliated, or by a creditor of the interest thereon due to a society by a member thereof, be computed from the
society, to the Registrar, if the parties thereto are amongst the following, date on which such member dies or ceases to be a member of the society;
namely:—
(b) when the dispute is between a society or its Committee, and any
(a) a society, its Committee, any past Committee, any past or present past Committee, any past or present officer, or past or present agent, or past
officer, any past or present agent, any past or present servant or nominee, or present servant or the nominee, heir or legal representative of a deceased
legal heir or legal representative of any deceased officer, deceased agent or officer, deceased agent or deceased servant of the society, or a member, or
deceased servant of the society, or the Liquidator of the society; past member, or the nominee, heir or legal representative of a deceased
member, and when the dispute relates to any act or omission on the part of
(b) a member, past member or a person claiming through a member,
either party to the dispute, be six years from the date on which the act or
past member or a deceased member of a society, or a society which is a
omission with reference to which the dispute arose, took place;
member of the society;
(c) when the dispute is in respect of any matter relating to the
(c)a person, other than a member of the society, who has been granted
constitution, management or business of a society which has been ordered to
a loan by the society, or with whom the society has or had transactions under
be wound up under section 114, or in respect of which a nominated
the provisions of section 50, and any person claiming through such a person;
Committee or special officer has been appointed under section 87, be six
(d) a surety of a member, past member or a deceased member, or a years from the date of the order issued under section 114, or section 87, as
person other than a member who has been granted a loan by the society the case may be;
under section 50, whether such a surety is or is not a member of the society;
(d) when the dispute is in respect of an election of any office bearer of
(e) any other society, official assignee or the Liquidator of such a a society, be two months from the date of the declaration of the result of such
society. election.
(2)When any question arises a matter referred to for decision is a dispute or (2) The period of limitation in the case of any dispute other than those
not, under sub-section (1), the question shall be considered by the Registrar, whose mentioned in sub-section (1) which are required to be referred to the Registrar
decision shall be final. 36 of 1963. under section 106 shall be regulated by the provisions of the Limitation Act, 1963,
as if the dispute were a suit, and the Registrar a civil court.
Explanation.—For the purposes of this sub-section, it is hereby clarified that—
(3) Notwithstanding anything contained in sub-sections (1) and (2), the
(a)the expression “dispute” shall include—
Registrar may admit dispute after the expiry of the period of limitation, if the
(i) a claim by a society for any debt or demand due to it from a applicant satisfies him that he had sufficient cause for not referring the dispute
member, past member or the nominee, legal heir or legal representative within such period, and the dispute so admitted shall not be barred on the ground
of a deceased member, whether such a debt or demand be admitted or that the period of limitation had expired.
not;
104. (1) If the Registrar is satisfied that any matter, referred to him is a Settlement of
(ii) a claim by a surety for any sum or demand due to him from dispute, within the meaning of section 102, the Registrar shall, subject to the rules disputes.
the principal borrower in respect of a loan by a society and recovered to be made in this behalf, decide the dispute himself, or refer it for disposal to a
from the surety owing to the default of the principal borrower, whether nominee, or a board of nominees, appointed by the Registrar:
such a sum or demand be admitted or not;
Provided that no person who is connected with a dispute or with the society
(iii) a claim by a society for any loss caused to it by a member, at any stage or has previously inspected the society or audited its accounts shall be
past member, or deceased member, by any officer, past officer or appointed as a nominee or as a member of the board of nominees to settle the
deceased officer, by any agent, past agent or deceased agent, or by any dispute.
servant, past servant or deceased servant, or by its Committee, past or
(2) Where any dispute is referred under sub-section (1) for decision to the
present whether such loss be admitted or not;
Registrar’s nominee or board of nominees, the Registrar may at any time, for
(iv) a refusal or failure by a member, a past member or a reasons to be recorded in writing, withdraw such dispute from his nominee, or
nominee, legal heir or legal representative of a deceased member, to board of nominees, and may decide the dispute himself, or refer it again for
deliver possession to a society of land or any other asset resumed by it decision to any other nominee, or board of nominees, appointed by him.
for breach of conditions of the assignment;50 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(3) Notwithstanding anything contained in section 102, the Registrar may, if (a)any dispute for recovery of debt upon Promissory Note, Hundi, Bill
he thinks fit, suspend proceedings in regard to any dispute, if the question at issue of Exchange or bond, with or without interest, whether agreed upon under
between a society and a claimant or between different claimants, is one involving such instrument or under the bye-laws;
complicated question of law or fact, until the question has been tried by a regular
(b) any dispute for recovery of a fixed sum of money or, the nature of
suit instituted by one of the parties or by the society, and, if any such suit is not
debt with or without interest, arising on a written contract;
instituted within a period of two months from the Registrar’s order suspending
proceedings, the Registrar shall take action as is provided in sub-section (1). (c)any dispute for recovery of price of goods sold and delivered, where
the rate, quality and quantity are admitted in writing;
Procedure for 105. (1) The Registrar or his nominee or board of nominees, hearing a dispute
settlement of under section 102 shall hear the dispute in the manner prescribed and shall have power (d)any dispute for recovery of dues payable by a member of a housing
disputes and
to summon and enforce attendance of witnesses including the parties interested or any society towards contribution for construction of the house or any dispute in
power of
Registrar, his of them and to compel them to give evidence, and to compel the production of respect of repayment of any loan, interest on loan, ground rent, local
nominee or documents by the same means and as far as possible in the same manner as provided authority taxes, sinking fund, water charges, electrical charges, maintenance
board of in the case of a civil suit under the Code of Civil Procedure, 1908. 5 of 1908. and upkeep charges or charges for other services rendered by the society and
nominees.
the interest on such arrears, payable under the written agreement or under the
(2)Except where a dispute involves complicated question of law or fact, no legal
bye-laws.
practitioner in his capacity as a legal practitioner or as a person holding a power of
attorney shall be permitted to appear on behalf of any party at the hearing of a dispute. (8)The defendant shall not be entitled to defend the dispute unless he obtains
leave from the Registrar, his nominee or board of nominees, in such manner as
Explanation.—For the purposes of this sub-section, the expressions—
may be prescribed.
(i)“attorney” means the attorney as referred to in the Advocates Act, 1961. 25 of 1961.
(9) The Registrar or his nominee or board of nominees may grant the leave
(ii)“legal practitioner” shall have the same meaning as assigned to it in under sub-section (8) on such conditions, as he or it thinks fit.
clause (i) of sub-section (1) of section 2 of the Advocates Act, 1961; 25 of 1961.
(10) The Registrar or his nominee or board of nominees shall not refuse the
(3) If the Registrar or his nominee or board of nominees is satisfied that a leave to defend the dispute unless he or it is satisfied that the facts disclosed by the
person, whether he be a member of the society or not, has acquired any interest in defendant do not indicate that he has substantial defence to raise or that the
the property of a person, who is a party to a dispute, he may order the person who defence intended to be put up by him is frivolous or vexatious.
has acquired the interest in the property to join as a party to the dispute and any
(11) Where the defendant fails to obtain such leave or fails to appear or
decision that may be passed on the reference by the Registrar or his nominee or
defend the dispute in pursuance of such leave, the averments made in the plaint
board of nominees, shall be binding on the party so joined, in the same manner, as
and documents produced therewith shall be deemed to have been admitted by the
if, he were an original party to the dispute.
defendant:
(4) Where a dispute has been instituted in the name of the wrong person or
Provided that the Registrar or his nominee or board of nominees in his or its
where all the defendants have not been included, the Registrar or his nominee or
discretion may require any fact so admitted to be proved otherwise than by such
board of nominees may, at any stage of the hearing of the dispute, if satisfied that
admission.
the mistake was bona fide, order any other person to be substituted or added as a
plaintiff or a defendant, upon such terms as he thinks just. (12) Where the conditions on which leave to defend is granted are not
complied with by the defendant, the Registrar or his nominee or board of
(5) The Registrar or his nominee or board of nominees may, at any stage of
nominees, may pass an award against him, as if he has not been granted such
the proceedings, either upon or without the application of either party, and on such
leave.
terms as may appear to the Registrar, his nominee or board of nominees to be just,
order that the name of any party, joined whether as a plaintiff or defendant be (13) The Registrar or his nominee or board of nominees, may under
struck out, and that the name of any person who ought to have been joined as special circumstances set aside the award, passed by him or it and if necessary,
plaintiff or defendant, or whose presence may be necessary in order to enable the stay or set aside the execution, and may grant leave to the defendant to appear
Registrar, his nominee or board of nominees to effectually and completely and defend the dispute, if it seems reasonable so to do and, on such terms, as
adjudicate upon and settle all the questions involved in the dispute, be added. he or it thinks fit.
(6)Any person who is a party to the dispute and entitled to more than one relief 106.(1) Where a dispute has been referred to the Registrar or his nominee or Attachment
before
in respect of the same cause of action may claim all or any of such reliefs, but if he board of nominees under section 104 or under section 117, or where the Registrar
award.
omits to claim all such reliefs, he shall not forward a claim for any relief so omitted, or the person authorised under section 99 hears a person against whom charges are
except with the leave of the Registrar, his nominee or board of nominees. framed under that section, the Registrar or his nominee or board of nominees, or as
the case may be, the person so authorised under section 99, if satisfied on enquiry
(7)Notwithstanding anything contained in sub-sections (1) to (6), the following
or otherwise that a party to such dispute or against whom proceedings are pending
disputes or class of disputes, if the plaintiff so desires, shall be decided summarily by
under section 99 with intent to defeat, delay or obstruct the execution of any award
the Registrar, or his nominee or board of nominees, in such manner as may be
or the carrying out of any order that may be made—
prescribed, namely:—Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 51
(3) Notwithstanding anything contained in section 102, the Registrar may, if (a)any dispute for recovery of debt upon Promissory Note, Hundi, Bill
he thinks fit, suspend proceedings in regard to any dispute, if the question at issue of Exchange or bond, with or without interest, whether agreed upon under
between a society and a claimant or between different claimants, is one involving such instrument or under the bye-laws;
complicated question of law or fact, until the question has been tried by a regular
(b) any dispute for recovery of a fixed sum of money or, the nature of
suit instituted by one of the parties or by the society, and, if any such suit is not
debt with or without interest, arising on a written contract;
instituted within a period of two months from the Registrar’s order suspending
proceedings, the Registrar shall take action as is provided in sub-section (1). (c)any dispute for recovery of price of goods sold and delivered, where
the rate, quality and quantity are admitted in writing;
Procedure for 105. (1) The Registrar or his nominee or board of nominees, hearing a dispute
settlement of under section 102 shall hear the dispute in the manner prescribed and shall have power (d)any dispute for recovery of dues payable by a member of a housing
disputes and
to summon and enforce attendance of witnesses including the parties interested or any society towards contribution for construction of the house or any dispute in
power of
Registrar, his of them and to compel them to give evidence, and to compel the production of respect of repayment of any loan, interest on loan, ground rent, local
nominee or documents by the same means and as far as possible in the same manner as provided authority taxes, sinking fund, water charges, electrical charges, maintenance
board of in the case of a civil suit under the Code of Civil Procedure, 1908. 5 of 1908. and upkeep charges or charges for other services rendered by the society and
nominees.
the interest on such arrears, payable under the written agreement or under the
(2)Except where a dispute involves complicated question of law or fact, no legal
bye-laws.
practitioner in his capacity as a legal practitioner or as a person holding a power of
attorney shall be permitted to appear on behalf of any party at the hearing of a dispute. (8)The defendant shall not be entitled to defend the dispute unless he obtains
leave from the Registrar, his nominee or board of nominees, in such manner as
Explanation.—For the purposes of this sub-section, the expressions—
may be prescribed.
(i)“attorney” means the attorney as referred to in the Advocates Act, 1961. 25 of 1961.
(9) The Registrar or his nominee or board of nominees may grant the leave
(ii)“legal practitioner” shall have the same meaning as assigned to it in under sub-section (8) on such conditions, as he or it thinks fit.
clause (i) of sub-section (1) of section 2 of the Advocates Act, 1961; 25 of 1961.
(10) The Registrar or his nominee or board of nominees shall not refuse the
(3) If the Registrar or his nominee or board of nominees is satisfied that a leave to defend the dispute unless he or it is satisfied that the facts disclosed by the
person, whether he be a member of the society or not, has acquired any interest in defendant do not indicate that he has substantial defence to raise or that the
the property of a person, who is a party to a dispute, he may order the person who defence intended to be put up by him is frivolous or vexatious.
has acquired the interest in the property to join as a party to the dispute and any
(11) Where the defendant fails to obtain such leave or fails to appear or
decision that may be passed on the reference by the Registrar or his nominee or
defend the dispute in pursuance of such leave, the averments made in the plaint
board of nominees, shall be binding on the party so joined, in the same manner, as
and documents produced therewith shall be deemed to have been admitted by the
if, he were an original party to the dispute.
defendant:
(4) Where a dispute has been instituted in the name of the wrong person or
Provided that the Registrar or his nominee or board of nominees in his or its
where all the defendants have not been included, the Registrar or his nominee or
discretion may require any fact so admitted to be proved otherwise than by such
board of nominees may, at any stage of the hearing of the dispute, if satisfied that
admission.
the mistake was bona fide, order any other person to be substituted or added as a
plaintiff or a defendant, upon such terms as he thinks just. (12) Where the conditions on which leave to defend is granted are not
complied with by the defendant, the Registrar or his nominee or board of
(5) The Registrar or his nominee or board of nominees may, at any stage of
nominees, may pass an award against him, as if he has not been granted such
the proceedings, either upon or without the application of either party, and on such
leave.
terms as may appear to the Registrar, his nominee or board of nominees to be just,
order that the name of any party, joined whether as a plaintiff or defendant be (13) The Registrar or his nominee or board of nominees, may under
struck out, and that the name of any person who ought to have been joined as special circumstances set aside the award, passed by him or it and if necessary,
plaintiff or defendant, or whose presence may be necessary in order to enable the stay or set aside the execution, and may grant leave to the defendant to appear
Registrar, his nominee or board of nominees to effectually and completely and defend the dispute, if it seems reasonable so to do and, on such terms, as
adjudicate upon and settle all the questions involved in the dispute, be added. he or it thinks fit.
(6)Any person who is a party to the dispute and entitled to more than one relief 106.(1) Where a dispute has been referred to the Registrar or his nominee or Attachment
before
in respect of the same cause of action may claim all or any of such reliefs, but if he board of nominees under section 104 or under section 117, or where the Registrar
award.
omits to claim all such reliefs, he shall not forward a claim for any relief so omitted, or the person authorised under section 99 hears a person against whom charges are
except with the leave of the Registrar, his nominee or board of nominees. framed under that section, the Registrar or his nominee or board of nominees, or as
the case may be, the person so authorised under section 99, if satisfied on enquiry
(7)Notwithstanding anything contained in sub-sections (1) to (6), the following
or otherwise that a party to such dispute or against whom proceedings are pending
disputes or class of disputes, if the plaintiff so desires, shall be decided summarily by
under section 99 with intent to defeat, delay or obstruct the execution of any award
the Registrar, or his nominee or board of nominees, in such manner as may be
or the carrying out of any order that may be made—
prescribed, namely:—52 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(a)is about to dispose of whole or any part of his property; or 109. Every order passed by the Registrar or a person authorised by him under Money how
recovered.
section 99, or by the Registrar, his nominee or board of nominees under section 106 or
(b) is about to remove the whole or any part of his property from the
107, every order passed by a Liquidator under section 117, every order passed by the
jurisdiction of the Registrar,
Administrator in appeal against orders passed under section 136, and every order
may, unless adequate security is furnished, direct conditional attachment of the passed in revision under section 138, shall, if not carried out—
said property and such attachment shall have the same effect, as if made by a
(a) on a certificate signed by the Registrar or a Liquidator, be deemed
competent civil court.
to be a decree of a civil court, as defined in clause (2) of section 2 of the
(2) Where a direction to attach property is issued under sub-section (1), the 5 of 1908. Code of Civil Procedure, 1908 and shall be executed in the same manner as a
Registrar or his nominee or board of nominees or the person authorised under decree of such court; or
section 99 shall issue a notice calling upon the person whose property is so
(b) be executed according to the provisions of the Land Revenue Code
attached to furnish such security within such period as may be specified in the
or any corresponding law for the time being in force in the Union territory
notice and if the person fails to provide the security so demanded, the Registrar or
for the recovery of arrears of land revenue:
his nominee or board of nominees or, as the case may be, the person authorised
under section 99 may confirm the order and, after the decision in the dispute or the Provided that any application for the recovery in such manner of any such
completion of the proceedings referred to in sub-section (1) may direct the sum shall be made to the Collector, and shall be accompanied by a certificate
disposal of the property so attached towards the claim, if awarded. signed by the Registrar, or by any Assistant Registrar to whom the said power has
been delegated by the Registrar within twelve years from the date fixed in the
(3) The attachment made under this section shall not affect the rights
order and if no such date is fixed, from the date of the order.
subsisting prior to the attachment of the property of persons not parties to the
proceedings in connection with which the attachment is made, or bar any person 110.Any transfer or delivery of, or encumbrance or charge on property made Transfer of
property made
holding a decree prior to such attachment against the person whose property is so or created after the issue of the certificate of the Registrar, Liquidator, or Assistant
after issue of
attached from applying for the sale of the property under attachment in execution Registrar, as the case may be, under section 109 shall be null and void as against certificate void
of such decree. the society on whose application the said certificate was issued. against
society.
Decision of 107. (1) When a dispute is referred to the Registrar for decision, he or his 111.(1) When in execution of an order sought to be executed under section 109 Transfer of
Registrar or nominee or board of nominees may, after giving an opportunity to the parties to any property cannot be sold for want of buyers, if such property is in occupancy of the property which
his nominee or cannot be sold.
board of the dispute to be heard, make an award on the dispute, on the expenses incurred by defaulter, or of some person in his behalf, or of some person claiming a title created by
nominees. the parties to the dispute in connection with the proceedings and the fees and the defaulter, subsequent to the issue of the certificate of the Registrar, Liquidator or
expenses payable to the Registrar or his nominee or board of nominees, and such the Assistant Registrar, under clause (a) or clause (b) of section 109, the court or the
an award shall not be invalid merely on the ground that it was made after the Collector or the Registrar, as the case may be, may direct that the said property or any
expiry of the period fixed by the Registrar, for deciding the dispute and shall, portion thereof shall be transferred to the society which has applied for the execution
subject to appeal or review or revision, be binding on the parties to the dispute. of the said order in such manner as may be prescribed.
(2)The Registrar, his nominee or the board of nominees may, before hearing (2) Where property is transferred to the society under sub-section (1), or is
the parties, require any party or parties to such dispute to deposit such sum as may, sold under the provisions of section 109, the court, the Collector or the Registrar,
in his or its opinion, be considered reasonable to meet the expenses including the as the case may be, may, in accordance with the rules, place the society or the
payment of fees, that may be payable to the Registrar, his nominee or the board of purchaser, in possession of the property transferred or sold.
nominees, in pursuance of the award to be made under sub-section (1).
(3)Subject to the rules made in this behalf, and to any rights, encumbrances,
(3) The Registrar may, having regard to the nature of the cause of action or charges or equities lawfully subsisting in favour of any person, such property or
subject matter of dispute, the nature of relief that may be claimed in a dispute and portion thereof shall be held under sub-section (1) by the said society on such
such other matters, specify by a general or special order, the scale of fees and terms and conditions as may be agreed upon between the court, the Collector or
expenses that may be made payable to him or his nominee or the board of the Registrar, as the case may be, and the said society subject to the general or
nominees, by or under an award made under sub-section (1). special orders of the Administrator, the Collector or the Registrar may delegate to
an officer, not below the rank of an Assistant or Deputy Collector or an Assistant
Appeal to 108.(1) Any party aggrieved by any decision of the Registrar or his nominee
Registrar, powers exercisable by the Collector or the Registrar under this section.
tribunal. or board of nominees as the case may be, under section 107 or in an order passed
under section 106 may, within a period of two months from the date of the 112.(1) Notwithstanding anything contained in sections 102, 104 and 109, on an Recovery of
decision or order, appeal to the Tribunal: application made by a society undertaking the financing of crops and seasonal finance crop loans.
as defined under any law for the time being in force in the Union territory, or
Provided that the Tribunal may entertain any appeal after the expiry of two
undertaking medium term finance for the recovery of arrears of any sum advanced by
months, if it is satisfied that there was a sufficient cause for not filing it within that
it to any of its members on account of the financing of crops, seasonal finance or
period.
medium term finance and on its furnishing a statement of accounts in respect of the
(2) The form and the manner of making an appeal to the Tribunal shall be arrears, the Registrar may, after making such inquiries as he deems fit, grant a
such as may be prescribed. certificate for the recovery of the amount stated therein to be due as arrears.Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 53
(a)is about to dispose of whole or any part of his property; or 109. Every order passed by the Registrar or a person authorised by him under Money how
recovered.
section 99, or by the Registrar, his nominee or board of nominees under section 106 or
(b) is about to remove the whole or any part of his property from the
107, every order passed by a Liquidator under section 117, every order passed by the
jurisdiction of the Registrar,
Administrator in appeal against orders passed under section 136, and every order
may, unless adequate security is furnished, direct conditional attachment of the passed in revision under section 138, shall, if not carried out—
said property and such attachment shall have the same effect, as if made by a
(a) on a certificate signed by the Registrar or a Liquidator, be deemed
competent civil court.
to be a decree of a civil court, as defined in clause (2) of section 2 of the
(2) Where a direction to attach property is issued under sub-section (1), the 5 of 1908. Code of Civil Procedure, 1908 and shall be executed in the same manner as a
Registrar or his nominee or board of nominees or the person authorised under decree of such court; or
section 99 shall issue a notice calling upon the person whose property is so
(b) be executed according to the provisions of the Land Revenue Code
attached to furnish such security within such period as may be specified in the
or any corresponding law for the time being in force in the Union territory
notice and if the person fails to provide the security so demanded, the Registrar or
for the recovery of arrears of land revenue:
his nominee or board of nominees or, as the case may be, the person authorised
under section 99 may confirm the order and, after the decision in the dispute or the Provided that any application for the recovery in such manner of any such
completion of the proceedings referred to in sub-section (1) may direct the sum shall be made to the Collector, and shall be accompanied by a certificate
disposal of the property so attached towards the claim, if awarded. signed by the Registrar, or by any Assistant Registrar to whom the said power has
been delegated by the Registrar within twelve years from the date fixed in the
(3) The attachment made under this section shall not affect the rights
order and if no such date is fixed, from the date of the order.
subsisting prior to the attachment of the property of persons not parties to the
proceedings in connection with which the attachment is made, or bar any person 110.Any transfer or delivery of, or encumbrance or charge on property made Transfer of
property made
holding a decree prior to such attachment against the person whose property is so or created after the issue of the certificate of the Registrar, Liquidator, or Assistant
after issue of
attached from applying for the sale of the property under attachment in execution Registrar, as the case may be, under section 109 shall be null and void as against certificate void
of such decree. the society on whose application the said certificate was issued. against
society.
Decision of 107. (1) When a dispute is referred to the Registrar for decision, he or his 111.(1) When in execution of an order sought to be executed under section 109 Transfer of
Registrar or nominee or board of nominees may, after giving an opportunity to the parties to any property cannot be sold for want of buyers, if such property is in occupancy of the property which
his nominee or cannot be sold.
board of the dispute to be heard, make an award on the dispute, on the expenses incurred by defaulter, or of some person in his behalf, or of some person claiming a title created by
nominees. the parties to the dispute in connection with the proceedings and the fees and the defaulter, subsequent to the issue of the certificate of the Registrar, Liquidator or
expenses payable to the Registrar or his nominee or board of nominees, and such the Assistant Registrar, under clause (a) or clause (b) of section 109, the court or the
an award shall not be invalid merely on the ground that it was made after the Collector or the Registrar, as the case may be, may direct that the said property or any
expiry of the period fixed by the Registrar, for deciding the dispute and shall, portion thereof shall be transferred to the society which has applied for the execution
subject to appeal or review or revision, be binding on the parties to the dispute. of the said order in such manner as may be prescribed.
(2)The Registrar, his nominee or the board of nominees may, before hearing (2) Where property is transferred to the society under sub-section (1), or is
the parties, require any party or parties to such dispute to deposit such sum as may, sold under the provisions of section 109, the court, the Collector or the Registrar,
in his or its opinion, be considered reasonable to meet the expenses including the as the case may be, may, in accordance with the rules, place the society or the
payment of fees, that may be payable to the Registrar, his nominee or the board of purchaser, in possession of the property transferred or sold.
nominees, in pursuance of the award to be made under sub-section (1).
(3)Subject to the rules made in this behalf, and to any rights, encumbrances,
(3) The Registrar may, having regard to the nature of the cause of action or charges or equities lawfully subsisting in favour of any person, such property or
subject matter of dispute, the nature of relief that may be claimed in a dispute and portion thereof shall be held under sub-section (1) by the said society on such
such other matters, specify by a general or special order, the scale of fees and terms and conditions as may be agreed upon between the court, the Collector or
expenses that may be made payable to him or his nominee or the board of the Registrar, as the case may be, and the said society subject to the general or
nominees, by or under an award made under sub-section (1). special orders of the Administrator, the Collector or the Registrar may delegate to
an officer, not below the rank of an Assistant or Deputy Collector or an Assistant
Appeal to 108.(1) Any party aggrieved by any decision of the Registrar or his nominee
Registrar, powers exercisable by the Collector or the Registrar under this section.
tribunal. or board of nominees as the case may be, under section 107 or in an order passed
under section 106 may, within a period of two months from the date of the 112.(1) Notwithstanding anything contained in sections 102, 104 and 109, on an Recovery of
decision or order, appeal to the Tribunal: application made by a society undertaking the financing of crops and seasonal finance crop loans.
as defined under any law for the time being in force in the Union territory, or
Provided that the Tribunal may entertain any appeal after the expiry of two
undertaking medium term finance for the recovery of arrears of any sum advanced by
months, if it is satisfied that there was a sufficient cause for not filing it within that
it to any of its members on account of the financing of crops, seasonal finance or
period.
medium term finance and on its furnishing a statement of accounts in respect of the
(2) The form and the manner of making an appeal to the Tribunal shall be arrears, the Registrar may, after making such inquiries as he deems fit, grant a
such as may be prescribed. certificate for the recovery of the amount stated therein to be due as arrears.54 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
Explanation.—For the purposes of this sub-section, the expression “medium (4)The Co-operative Ombudsman shall submit periodic reports to the Registrar.
term finance” means advancing of loans for any purpose of production relating to
(5) The Co-operative Ombudsman while conducting the inquiry under
agriculture, fishery, animal husbandry, poultry, dairy and industry, being
sub-section (1), shall exercise the same powers as are vested in a civil court
repayable otherwise than in the manner specified in the definitions of the
5 of 1908. under the Code of Civil Procedure, 1908,—
expressions “financing of crops” and “seasonal finance” under any law for the
time being in force in the Union territory. (a)for summoning and enforcing the attendance of persons;
(2) If a society fails to make an application under sub-section (1), and such (b)examining them on oath;
society is a member of any co-operative financing bank, such co-operative
(c)discovery and production of books of account and other documents; and
financing bank may direct such society to take such action, and if that society fails
to take action in pursuance of such direction, the co-operative financing bank may (d)any other matter as may be prescribed.
itself make an application under sub-section (1) on behalf of the society.
CHAPTER XI
(3) Where the Registrar is satisfied that a society or the co-operative
LIQUIDATION
financing bank to which such society is affiliated has failed to make an application
under sub-section (1) or, as the case may be, under sub-section (2) in respect of 114.(1) Except as otherwise provided in sub-section (2), if the Registrar,— Winding up.
such arrears, the Registrar may, of his own motion, after making such inquiries as
(a)after an inquiry has been held under section 92, or an inspection has
he deems fit, grant a certificate for the recovery of the amount stated therein to be
been made under section 93 or section 94 on the report of the auditor;
due as such arrears, and such a certificate shall be deemed to have been issued as if
on an application made by the society concerned. (b) on receipt of an application made upon a resolution carried by
three-fourths of the members of a society present at a special general
(4)A certificate granted by the Registrar under sub-section (1) or sub-section (3)
meeting called for the purpose; or
shall be final and a conclusive proof of the arrears stated to be due therein, which shall
be recoverable according to the provisions of the Land Revenue Code or any other law (c)of his own motion, in the case of a society which—
for the time being in force in the Union territory and of the rules made thereunder for
(i)has not commenced working;
the recovery of land revenue.
(ii)has ceased working;
(5) It shall be lawful for the Collector and the Registrar to take precautionary
measures specified under Land Revenue Code or any other law for the time being in (iii) possesses shares or member’s deposits not exceeding five
force in the Union territory, until the arrears due to the society together with interest thousand rupees;
and any incidental charges incurred in the recovery of such arrears, are paid, or
(iv)has ceased to comply with any conditions as to registration and
security for payment of such arrears is furnished to the satisfaction of the Registrar.
management as provided in this Regulation or the rules or the bye-laws,
CHAPTER X
is of the opinion that a society ought to be wound up, he may make an interim
REDRESSAL OF COMPLAINTS order directing it to be wound up.
Co-operative 113.(1) The Administrator shall appoint, one or more Co-operative Ombudsman (2)Notwithstanding anything contained in sub-section (1), in case where the
Ombudsman. with territorial jurisdiction for inquiring into the complaints made by any member of members of the society, after having discharged liabilities towards the debt and
the society regarding their deposits, equitable benefits of society’s functioning or any assets of the society, upon a resolution carried by three-fourths majority of the
other issue affecting the individual rights of the concerned member, in such manner as members of the society present at a special general meeting called for the purpose,
may be prescribed. suo motu, resolve to wind up the society and convey such resolution to the
Registrar and the Registrar shall, after disposing of the surplus assets in
(2)The Co-operative Ombudsman shall, on receipt of a complaint, complete
accordance with the provisions of section 122, cancel the registration of such
the process of inquiry and adjudicate within a period of three months from the date
society under section 21.
of receipt of the complaint and may issue necessary directions to the society
during the course of inquiry and the society shall be bound to comply with the (3) Where an interim order is made on a ground specified in clause (a) or
same within a period of one month from the date of issuance of such directions. sub-clause (iv) of clause (c) of sub-section (1), a copy thereof shall be
communicated, in the prescribed manner, to the society calling upon it to submit
(3) Being aggrieved by the directions of the Co-operative Ombudsman, the
its explanation to the Registrar within a period of one month from the date of issue
society may file an appeal in such manner as may be prescribed, within a period of
of such order.
one month before the Registrar who shall decide the appeal within a period of
forty-five days from the receipt of the appeal and the decision of the Registrar (4) The Registrar, after giving an opportunity to the society of being heard,
shall be final: shall make a final order, vacating or confirming the interim order.
Provided that the Registrar may entertain the appeal after the expiry of the 115. (1) When an interim or final order is made under section 114 for the Appointment
said period of one month, if he is satisfied that the society was prevented by winding up of a society, the Registrar may, in accordance with the rules, appoint a of Liquidator.
sufficient cause from preferring the appeal in time. person to be the Liquidator of the society and fix his remuneration.Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 55
Explanation.—For the purposes of this sub-section, the expression “medium (4)The Co-operative Ombudsman shall submit periodic reports to the Registrar.
term finance” means advancing of loans for any purpose of production relating to
(5) The Co-operative Ombudsman while conducting the inquiry under
agriculture, fishery, animal husbandry, poultry, dairy and industry, being
sub-section (1), shall exercise the same powers as are vested in a civil court
repayable otherwise than in the manner specified in the definitions of the
5 of 1908. under the Code of Civil Procedure, 1908,—
expressions “financing of crops” and “seasonal finance” under any law for the
time being in force in the Union territory. (a)for summoning and enforcing the attendance of persons;
(2) If a society fails to make an application under sub-section (1), and such (b)examining them on oath;
society is a member of any co-operative financing bank, such co-operative
(c)discovery and production of books of account and other documents; and
financing bank may direct such society to take such action, and if that society fails
to take action in pursuance of such direction, the co-operative financing bank may (d)any other matter as may be prescribed.
itself make an application under sub-section (1) on behalf of the society.
CHAPTER XI
(3) Where the Registrar is satisfied that a society or the co-operative
LIQUIDATION
financing bank to which such society is affiliated has failed to make an application
under sub-section (1) or, as the case may be, under sub-section (2) in respect of 114.(1) Except as otherwise provided in sub-section (2), if the Registrar,— Winding up.
such arrears, the Registrar may, of his own motion, after making such inquiries as
(a)after an inquiry has been held under section 92, or an inspection has
he deems fit, grant a certificate for the recovery of the amount stated therein to be
been made under section 93 or section 94 on the report of the auditor;
due as such arrears, and such a certificate shall be deemed to have been issued as if
on an application made by the society concerned. (b) on receipt of an application made upon a resolution carried by
three-fourths of the members of a society present at a special general
(4)A certificate granted by the Registrar under sub-section (1) or sub-section (3)
meeting called for the purpose; or
shall be final and a conclusive proof of the arrears stated to be due therein, which shall
be recoverable according to the provisions of the Land Revenue Code or any other law (c)of his own motion, in the case of a society which—
for the time being in force in the Union territory and of the rules made thereunder for
(i)has not commenced working;
the recovery of land revenue.
(ii)has ceased working;
(5) It shall be lawful for the Collector and the Registrar to take precautionary
measures specified under Land Revenue Code or any other law for the time being in (iii) possesses shares or member’s deposits not exceeding five
force in the Union territory, until the arrears due to the society together with interest thousand rupees;
and any incidental charges incurred in the recovery of such arrears, are paid, or
(iv)has ceased to comply with any conditions as to registration and
security for payment of such arrears is furnished to the satisfaction of the Registrar.
management as provided in this Regulation or the rules or the bye-laws,
CHAPTER X
is of the opinion that a society ought to be wound up, he may make an interim
REDRESSAL OF COMPLAINTS order directing it to be wound up.
Co-operative 113.(1) The Administrator shall appoint, one or more Co-operative Ombudsman (2)Notwithstanding anything contained in sub-section (1), in case where the
Ombudsman. with territorial jurisdiction for inquiring into the complaints made by any member of members of the society, after having discharged liabilities towards the debt and
the society regarding their deposits, equitable benefits of society’s functioning or any assets of the society, upon a resolution carried by three-fourths majority of the
other issue affecting the individual rights of the concerned member, in such manner as members of the society present at a special general meeting called for the purpose,
may be prescribed. suo motu, resolve to wind up the society and convey such resolution to the
Registrar and the Registrar shall, after disposing of the surplus assets in
(2)The Co-operative Ombudsman shall, on receipt of a complaint, complete
accordance with the provisions of section 122, cancel the registration of such
the process of inquiry and adjudicate within a period of three months from the date
society under section 21.
of receipt of the complaint and may issue necessary directions to the society
during the course of inquiry and the society shall be bound to comply with the (3) Where an interim order is made on a ground specified in clause (a) or
same within a period of one month from the date of issuance of such directions. sub-clause (iv) of clause (c) of sub-section (1), a copy thereof shall be
communicated, in the prescribed manner, to the society calling upon it to submit
(3) Being aggrieved by the directions of the Co-operative Ombudsman, the
its explanation to the Registrar within a period of one month from the date of issue
society may file an appeal in such manner as may be prescribed, within a period of
of such order.
one month before the Registrar who shall decide the appeal within a period of
forty-five days from the receipt of the appeal and the decision of the Registrar (4) The Registrar, after giving an opportunity to the society of being heard,
shall be final: shall make a final order, vacating or confirming the interim order.
Provided that the Registrar may entertain the appeal after the expiry of the 115. (1) When an interim or final order is made under section 114 for the Appointment
said period of one month, if he is satisfied that the society was prevented by winding up of a society, the Registrar may, in accordance with the rules, appoint a of Liquidator.
sufficient cause from preferring the appeal in time. person to be the Liquidator of the society and fix his remuneration.56 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(2) Where an interim order is made, the officers of the society shall hand (2)No appeal under this section shall be entertained from a member unless it
over to the Liquidator the custody and control of all the property, effects and is accompanied by such sum as security for the costs of hearing the appeal, as may
actionable claims to which the society is or appears to be entitled, and of all books, be prescribed.
records and other documents pertaining to the business of the society and, shall
have no access to any of them. 117.Subject to the rules and the general supervision, control and direction of Powers of
the Registrar, the Liquidator shall have the power,–– Liquidator.
(3) When a final order is made confirming the interim order, the officers of
(a) to institute and defend suits and other legal proceedings, civil or
the society—
criminal, on behalf of the society, in the name of his office;
(a) shall hand over to the Liquidator the custody and control of any
(b) to carry on the business of the society, as may be necessary for the
property, effects and actionable claims and any books, records, and other
beneficial winding up of the same;
documents pertaining to the business of the society which for any reason are
not handed over to the Liquidator under sub-section (2) at the time when an
(c) to sell the movable and immovable property and actionable claims of
interim order was made;
the society by public auction or private contract, with power to transfer the
(b) shall vacate their offices and while winding up order remains in whole or part thereof to any person or body corporate, or sell the same in parcels;
force, the general body of the society shall not exercise any powers.
(d)to raise any money required on the security of the assets of the society;
(4) The Liquidator shall, subject to the general control of the Registrar,
(e) to investigate all claims against the society and, subject to the
exercise all or any of the powers mentioned in section 117 and the Registrar may
provisions of this Regulation, to decide questions of priority arising out of
remove him from his office and appoint another in his place, without assigning
such claims, and to pay any class or classes of creditor in full or rateable
any reason.
according to the amount of such debts, the surplus being applied in payment
(5) The whole of the assets of the society shall on the appointment of the of interest from the date of liquidation at a rate to be approved by the
Liquidator vest in him and notwithstanding anything contained in any law for the Registrar, but not exceeding the contract rates;
time being in force in the Union territory, if any immovable property is held by
(f) to make any compromise or arrangement with creditors or persons
him on behalf of the society, the title over the land shall be complete as soon as the
claiming to be creditors, or having or alleging themselves to have any claim,
mutation of the name of his office is effected and no court shall question the title
present or future, whereby the society may be rendered liable;
on the ground of dispossession, want of possession or physical delivery of
possession. (g)to compromise all calls or liabilities to calls and debts and liabilities
capable of resulting in debts, and all claims present or future, certain or
(6) In the event of the interim order being vacated, the Liquidator shall hand
contingent, subsisting or supposed to subsist between the society and a
over the property, effects, actionable claims, books, records and other documents
contributory or alleged contributory or other debtor or person apprehending
of the society to the officers who had delivered the same to him and the acts done,
liability to the society, and all questions in any way relating to or affecting
and the proceedings taken by the Liquidator, shall be binding on the society, and
the assets or the winding up of the society, on such terms as may be agreed,
such proceedings shall, after the interim order has been vacated under section 114
and take any security for the discharge of any such call, liability, debt, or
be continued by the officers of the society.
claim, and give a complete discharge in respect thereof;
Explanation.—For the purposes of this section and section 117, the
(h) to determine, from time to time, after giving an opportunity to
expression “actionable claims” means a claim to any debt, other than a debt
answer the claim, the contribution to be made or remaining to be made by
secured by mortgage of immovable property or by hypothecation or pledge
the members or past members or by the estate, nominees, legal heirs or legal
of movable property, or to any beneficial interest in movable property not in
representatives of deceased members, or by any officer, past officer or the
the possession, either actual or constructive, of the claimant, which the civil
estate or nominees, legal heirs or legal representatives of a deceased officer
courts recognise as affording grounds for relief, whether such debt or
to the assets of the society, such contribution being inclusive of debts due
beneficial interest by existent, accruing, conditional or contingent.
from such members or officers;
Appeal against 116. (1) The Committee or any member of the society may, within a period
order of of two months from the date of the communication of the order made under (i)to make applications under section 109;
winding up.
section 114 for winding up, appeal, if the order is made by the Registrar or
(j) to get disputes referred to the Registrar or his nominee or board
Additional Registrar or Joint Registrar to the Administrator, or if the order is made
of nominees;
by any other person on whom the powers of the Registrar are conferred, to the
Registrar: (k) to determine by what persons and in what proportion the costs of
the liquidation shall be borne;
Provided that no appeal shall lie against an order issued under sub-clauses (i), (ii)
or (iii) of clause (c) of sub-section (1) of section 114: (l) to fix the time or times within which the creditors shall prove their
debts and claims or be included for the benefits of any distribution made
Provided further that no appeal shall lie against an order passed by the
before those debts or claims are proved;
Registrar.Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 57
(2) Where an interim order is made, the officers of the society shall hand (2)No appeal under this section shall be entertained from a member unless it
over to the Liquidator the custody and control of all the property, effects and is accompanied by such sum as security for the costs of hearing the appeal, as may
actionable claims to which the society is or appears to be entitled, and of all books, be prescribed.
records and other documents pertaining to the business of the society and, shall
have no access to any of them. 117.Subject to the rules and the general supervision, control and direction of Powers of
the Registrar, the Liquidator shall have the power,–– Liquidator.
(3) When a final order is made confirming the interim order, the officers of
(a) to institute and defend suits and other legal proceedings, civil or
the society—
criminal, on behalf of the society, in the name of his office;
(a) shall hand over to the Liquidator the custody and control of any
(b) to carry on the business of the society, as may be necessary for the
property, effects and actionable claims and any books, records, and other
documents pertaining to the business of the society which for any reason are beneficial winding up of the same;
not handed over to the Liquidator under sub-section (2) at the time when an
(c) to sell the movable and immovable property and actionable claims of
interim order was made;
the society by public auction or private contract, with power to transfer the
(b) shall vacate their offices and while winding up order remains in whole or part thereof to any person or body corporate, or sell the same in parcels;
force, the general body of the society shall not exercise any powers.
(d)to raise any money required on the security of the assets of the society;
(4) The Liquidator shall, subject to the general control of the Registrar,
(e) to investigate all claims against the society and, subject to the
exercise all or any of the powers mentioned in section 117 and the Registrar may
provisions of this Regulation, to decide questions of priority arising out of
remove him from his office and appoint another in his place, without assigning
such claims, and to pay any class or classes of creditor in full or rateable
any reason.
according to the amount of such debts, the surplus being applied in payment
(5) The whole of the assets of the society shall on the appointment of the of interest from the date of liquidation at a rate to be approved by the
Liquidator vest in him and notwithstanding anything contained in any law for the Registrar, but not exceeding the contract rates;
time being in force in the Union territory, if any immovable property is held by
(f) to make any compromise or arrangement with creditors or persons
him on behalf of the society, the title over the land shall be complete as soon as the
claiming to be creditors, or having or alleging themselves to have any claim,
mutation of the name of his office is effected and no court shall question the title
present or future, whereby the society may be rendered liable;
on the ground of dispossession, want of possession or physical delivery of
possession. (g)to compromise all calls or liabilities to calls and debts and liabilities
capable of resulting in debts, and all claims present or future, certain or
(6) In the event of the interim order being vacated, the Liquidator shall hand
contingent, subsisting or supposed to subsist between the society and a
over the property, effects, actionable claims, books, records and other documents
contributory or alleged contributory or other debtor or person apprehending
of the society to the officers who had delivered the same to him and the acts done,
liability to the society, and all questions in any way relating to or affecting
and the proceedings taken by the Liquidator, shall be binding on the society, and
the assets or the winding up of the society, on such terms as may be agreed,
such proceedings shall, after the interim order has been vacated under section 114
and take any security for the discharge of any such call, liability, debt, or
be continued by the officers of the society.
claim, and give a complete discharge in respect thereof;
Explanation.—For the purposes of this section and section 117, the
(h) to determine, from time to time, after giving an opportunity to
expression “actionable claims” means a claim to any debt, other than a debt
answer the claim, the contribution to be made or remaining to be made by
secured by mortgage of immovable property or by hypothecation or pledge
the members or past members or by the estate, nominees, legal heirs or legal
of movable property, or to any beneficial interest in movable property not in
representatives of deceased members, or by any officer, past officer or the
the possession, either actual or constructive, of the claimant, which the civil
estate or nominees, legal heirs or legal representatives of a deceased officer
courts recognise as affording grounds for relief, whether such debt or
to the assets of the society, such contribution being inclusive of debts due
beneficial interest by existent, accruing, conditional or contingent.
from such members or officers;
Appeal against 116. (1) The Committee or any member of the society may, within a period
order of of two months from the date of the communication of the order made under (i)to make applications under section 109;
winding up.
section 114 for winding up, appeal, if the order is made by the Registrar or
(j) to get disputes referred to the Registrar or his nominee or board
Additional Registrar or Joint Registrar to the Administrator, or if the order is made
of nominees;
by any other person on whom the powers of the Registrar are conferred, to the
Registrar: (k) to determine by what persons and in what proportion the costs of
the liquidation shall be borne;
Provided that no appeal shall lie against an order issued under sub-clauses (i), (ii)
or (iii) of clause (c) of sub-section (1) of section 114: (l) to fix the time or times within which the creditors shall prove their
debts and claims or be included for the benefits of any distribution made
Provided further that no appeal shall lie against an order passed by the
before those debts or claims are proved;
Registrar.58 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(m) to summon and enforce the attendance of witnesses and to compel Provided that no such action shall be taken unless the irregularities have
the production of any books, accounts, documents, securities, cash or other caused or are likely to cause loss to the society, and have occurred due to gross
properties belonging to or in the custody of the society by the same means negligence or want on omission by the Liquidator, in carrying out the duties and
and in the same manner as provided in the case of a civil court under the functions.
Code of Civil Procedure,1908; 5 of 1908.
121. (1) The winding up proceedings of a society shall be closed within five
Termination of
(n) to do all acts, and to execute in the name and on behalf of the years from the date of the order of the winding up, unless the period is extended by liquidation
society, all deeds, receipts and other documents, as may be necessary to such the Registrar: proceedings.
winding up;
Provided that the Registrar shall not grant any extension for a period
(o) to take such action as may be necessary under section 20, with the exceeding one year at a time and five years in the aggregate, and shall,
prior approval of the Registrar, if there is reason to believe that the society immediately after the expiry of ten years from the date of the order for winding up
may be reconstructed. of the society, the liquidation proceedings shall be deemed to have been
terminated, and pass an order terminating the liquidation proceedings.
Effect of 118. (1) After the expiry of the period for appeal under section 116 against
winding up. the order made under sub-section (3) of section 114, or where the appeal has been
Explanation.—For the purposes of this section, it is hereby clarified that in
dismissed, the order for winding up shall be effective and shall operate in favour
the case of a society which is under liquidation at the date of the commencement
of all creditors and the contributories of the society, as if it has been made on the
of this Regulation, an order for the winding up of the society shall be deemed to
joint petition of creditors and contributories.
have been passed for the purpose of this section on the said date.
(2)When a winding up order becomes effective, the Liquidator shall proceed
(2) Notwithstanding anything contained in sub-section (1), the Registrar
to realise the assets of the society, by sale or otherwise, and no dispute shall be
shall terminate the liquidation proceedings on receipt of the final report from the
commenced, or if pending at the date of the winding up order, be proceeded with,
Liquidator and the final report of the Liquidator shall state that the liquidation
against the society, except with leave of the Registrar and subject to such terms as
proceedings of the society have been closed, and also state how the winding up has
the Registrar may impose and the Registrar may of his own motion, however,
been conducted and the property and claims of the society have been disposed of,
entertain or dispose of any dispute by or against the society.
and include a statement showing a summary of the account of the winding up
Bar on suit in 119. Save as expressly provided in this Regulation, no civil court shall have including the cost of liquidation, the amount, if any, standing to the credit of the
winding up jurisdiction on any matter connected with the winding up or dissolution of a society society, after paying off its liabilities including the share or interest of members,
and dissolution under this Regulation, and when a winding up order has been made, no suit or other and suggest how the surplus may be utilised.
matters.
legal proceedings shall lie or be proceeded with against the society or the Liquidator,
(3) The Registrar, on receipt of the final report from the Liquidator, shall
except by leave of the Registrar, and subject to such terms as he may impose:
direct him to convene a general meeting of the members of the society for
Provided that where the winding up order is cancelled, the provisions of this recording the report.
section shall cease to operate so far as the liability of the society and of the
members thereof to be sued is concerned, but they shall continue to apply to the 122. Any surplus assets, shown in the final report of the Liquidator, shall Disposal of
not be divided, amongst its members but shall be devoted to any object or surplus assets.
person who acted as Liquidator.
objects provided in the bye-laws of the society, if they specify that such a
Audit of 120. (1) The Liquidator shall, during his tenure of office, at such times as surplus shall be utilised for the particular purpose and where the society has no
Liquidator’s may be prescribed, but not less than twice each year, present to the Registrar an such bye-law, the surplus shall vest in the Registrar, who shall hold it in trust
accounts. account in the prescribed form of his receipt and payments as Liquidator and the and shall transfer it to the reserve fund of a new society registered with a
Registrar shall cause the accounts to be audited in such manner as he thinks fit and similar object, and serving more or less an area which the society to which the
for the purpose of audit, the Liquidator shall furnish the Registrar with such surplus belonged was serving:
vouchers and information as he, or the person appointed by him, may require.
Provided that where no such society exists or is registered within three years
(2)The Liquidator shall cause a summary of audited accounts to be prepared,
of the cancellation of the registration of the society whose surplus is vested in the
and send a copy of such summary to every contributory.
Registrar, the Registrar may distribute the surplus in the manner he thinks best,
among any or all of the following, namely:—
(3) The Liquidator shall pay such fees as the Registrar may direct, for the
audit of the accounts of books kept by him in such manner as may be prescribed.
(a) an object of public utility and of local interest as may be
(4) The Liquidator shall be held liable for any irregularities which might be recommended by the members in general meeting held under section 121 or
discovered in the course or as a result of audit in respect of transactions where the society has ceased to function and its record is not available or
subsequent to his taking charge of the affairs of the society, and may be proceeded none of its members is forth coming, as the Registrar thinks proper;
against, as if, it were an act against which action may be taken under section 99:Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 59
(m) to summon and enforce the attendance of witnesses and to compel Provided that no such action shall be taken unless the irregularities have
the production of any books, accounts, documents, securities, cash or other caused or are likely to cause loss to the society, and have occurred due to gross
properties belonging to or in the custody of the society by the same means negligence or want on omission by the Liquidator, in carrying out the duties and
and in the same manner as provided in the case of a civil court under the functions.
Code of Civil Procedure,1908; 5 of 1908.
121. (1) The winding up proceedings of a society shall be closed within five
Termination of
(n) to do all acts, and to execute in the name and on behalf of the years from the date of the order of the winding up, unless the period is extended by liquidation
society, all deeds, receipts and other documents, as may be necessary to such the Registrar: proceedings.
winding up;
Provided that the Registrar shall not grant any extension for a period
(o) to take such action as may be necessary under section 20, with the
exceeding one year at a time and five years in the aggregate, and shall,
prior approval of the Registrar, if there is reason to believe that the society
immediately after the expiry of ten years from the date of the order for winding up
may be reconstructed. of the society, the liquidation proceedings shall be deemed to have been
terminated, and pass an order terminating the liquidation proceedings.
Effect of 118. (1) After the expiry of the period for appeal under section 116 against
winding up. the order made under sub-section (3) of section 114, or where the appeal has been
Explanation.—For the purposes of this section, it is hereby clarified that in
dismissed, the order for winding up shall be effective and shall operate in favour
the case of a society which is under liquidation at the date of the commencement
of all creditors and the contributories of the society, as if it has been made on the
of this Regulation, an order for the winding up of the society shall be deemed to
joint petition of creditors and contributories.
have been passed for the purpose of this section on the said date.
(2)When a winding up order becomes effective, the Liquidator shall proceed
(2) Notwithstanding anything contained in sub-section (1), the Registrar
to realise the assets of the society, by sale or otherwise, and no dispute shall be
shall terminate the liquidation proceedings on receipt of the final report from the
commenced, or if pending at the date of the winding up order, be proceeded with,
Liquidator and the final report of the Liquidator shall state that the liquidation
against the society, except with leave of the Registrar and subject to such terms as
proceedings of the society have been closed, and also state how the winding up has
the Registrar may impose and the Registrar may of his own motion, however,
been conducted and the property and claims of the society have been disposed of,
entertain or dispose of any dispute by or against the society.
and include a statement showing a summary of the account of the winding up
Bar on suit in 119. Save as expressly provided in this Regulation, no civil court shall have including the cost of liquidation, the amount, if any, standing to the credit of the
winding up jurisdiction on any matter connected with the winding up or dissolution of a society society, after paying off its liabilities including the share or interest of members,
and dissolution under this Regulation, and when a winding up order has been made, no suit or other and suggest how the surplus may be utilised.
matters.
legal proceedings shall lie or be proceeded with against the society or the Liquidator,
(3) The Registrar, on receipt of the final report from the Liquidator, shall
except by leave of the Registrar, and subject to such terms as he may impose:
direct him to convene a general meeting of the members of the society for
Provided that where the winding up order is cancelled, the provisions of this recording the report.
section shall cease to operate so far as the liability of the society and of the
members thereof to be sued is concerned, but they shall continue to apply to the 122. Any surplus assets, shown in the final report of the Liquidator, shall Disposal of
not be divided, amongst its members but shall be devoted to any object or surplus assets.
person who acted as Liquidator.
objects provided in the bye-laws of the society, if they specify that such a
Audit of 120. (1) The Liquidator shall, during his tenure of office, at such times as surplus shall be utilised for the particular purpose and where the society has no
Liquidator’s may be prescribed, but not less than twice each year, present to the Registrar an such bye-law, the surplus shall vest in the Registrar, who shall hold it in trust
accounts. account in the prescribed form of his receipt and payments as Liquidator and the and shall transfer it to the reserve fund of a new society registered with a
Registrar shall cause the accounts to be audited in such manner as he thinks fit and similar object, and serving more or less an area which the society to which the
for the purpose of audit, the Liquidator shall furnish the Registrar with such surplus belonged was serving:
vouchers and information as he, or the person appointed by him, may require.
Provided that where no such society exists or is registered within three years
(2)The Liquidator shall cause a summary of audited accounts to be prepared,
of the cancellation of the registration of the society whose surplus is vested in the
and send a copy of such summary to every contributory.
Registrar, the Registrar may distribute the surplus in the manner he thinks best,
among any or all of the following, namely:—
(3) The Liquidator shall pay such fees as the Registrar may direct, for the
audit of the accounts of books kept by him in such manner as may be prescribed.
(a) an object of public utility and of local interest as may be
(4) The Liquidator shall be held liable for any irregularities which might be recommended by the members in general meeting held under section 121 or
discovered in the course or as a result of audit in respect of transactions where the society has ceased to function and its record is not available or
subsequent to his taking charge of the affairs of the society, and may be proceeded none of its members is forth coming, as the Registrar thinks proper;
against, as if, it were an act against which action may be taken under section 99:60 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(b)a federal society with similar objects to which the cancelled society Explanation.—For the purposes of this section, the expressions—
was eligible for affiliation; and
(i) “insured co-operative bank” means a society which is an
(c) any charitable purpose as defined in section 2 of the Charitable insured bank under the provisions of the Deposit Insurance and Credit
Endowments Act, 1890 or any other law for time being in force in the Union 6 of 1890. 47 of 1961. Guarantee Corporation Act, 1961 or any other law for the time being in
territory. force in the Union territory;
(ii) “transferee bank” in relation to an insured co-operative bank
CHAPTER XII
means a co-operative bank—
INSURED CO-OPERATIVE BANK
(I) with which such insured co-operative bank is
Order for 123.Notwithstanding anything contained in this Regulation, in the case of an amalgamated;
winding up, insured co-operative bank,—
(II) to which the assets and liabilities of such insured
reconstruction,
supersession of (a) an order for winding up or an order sanctioning a scheme of co-operative bank are transferred; or
Committee
etc., of insured compromise or arrangement or of amalgamation or reconstruction (including (III) into which such insured co-operative bank is divided
co-operative division or reorganisation) of the bank may be made only with the prior or converted under sub-section (1) of section 17.
bank not to be approval in writing of the Reserve Bank;
made without 124. The provisions of this Regulation shall be in addition to and not in Application of
sanction or (b) an order for winding up the bank shall be made by the Registrar if derogation of the provisions of the Banking Regulation Act, 1949 or any law for provisions of
requisition of Act 10 of 1949
Reserve Bank. so required by the Reserve Bank in the circumstances referred to in section the time being in force in the Union territory: and its
13D of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 or 47 of 1961. overriding
Provided that in case of any conflict between the provisions of this
any other law for the time being in force in the Union territory; effect.
Regulation and the provisions of the Banking Regulation Act, 1949, the provisions
(c) notwithstanding anything contained in this Regulation or the rules of the latter along with the rules, regulations, directions or instructions issued
made thereunder, the Registrar shall ensure the implementation of regulatory thereunder by the Reserve Bank from time to time shall apply.
prescription given by the Reserve Bank including supersession and winding
125. A Committee of co-operative bank shall ensure that— Committee of
up of the co-operative bank and shall appoint a special officer or a Liquidator co-operative
as the case may be within a period of one month of being so advised by the (a) the information is furnished every month to the Registrar in such bank to ensure
Reserve Bank; form as may be prescribed, regarding the loans taken from the bank by each certain things.
Committee member, members of the family and companies with which he is
(d) if so required by the Reserve Bank in the public interest or for associated, in any manner;
preventing the affairs of the bank being conducted in a manner detrimental to
(b) the bank is registered as an insured bank under the Deposit
the interests of the depositors or for securing the proper management of the
47 of 1961. Insurance and Credit Guarantee Corporation Act, 1961 or any other law for
bank, an order shall be made by the Registrar for supersession of the
the time being in force in the Union territory;
Committee and the appointment of a special officer in place thereof for such
period or periods not exceeding five years in the aggregate, as may from (c) the defects in the working of the bank are rectified and financial
time to time be specified by the Reserve Bank, and the special officer so irregularities disclosed in the course of audit of the bank or otherwise
appointed shall, after the expiry of his term of office, continue in office until remedied;
the day immediately preceding the date of the first meeting of the new
(d) the action to recover loans given by the bank is taken within one
Committee of such bank;
year from the date when repayment of the same has become due;
(e) an order for winding up of the bank or an order sanctioning a
(e)no financial loss is caused to the bank and any debt due to the bank
scheme of compromise or arrangement or of amalgamation or reconstruction
which is not recovered within a period of one year from the date when it has
(including division or reorganisation) or an order for the supersession of the
become due shall be recovered;
Committee of the bank and the appointment of a special officer in place
thereof made with the previous sanction in writing or on the requisition of (f) civil and criminal proceedings against a person who, in the
the Reserve Bank shall be final and shall not be liable to be called in opinion of the Committee, has misappropriated any fund of the bank are
question in any court; and initiated;
(f) the Liquidator or such bank or the transferee bank, as the case may (g) the provisions of sections 18 and 24 of the Banking Regulation
be, shall be under an obligation to pay the Deposit Insurance Corporation 10 of 1949. Act, 1949, as applicable to co-operative societies and section 63 of this
established under the Deposit Insurance and Credit Guarantee Corporation Regulation are complied with, and, if in its opinion any of the said provisions
Act, 1961 or any other law for time being in force in the Union territory, in 47 of 1961. are contravened, such contravention shall forthwith be reported to the
the circumstances, to the extent and in the manner referred to in section 21 of Registrar.
that Act.Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 61
(b)a federal society with similar objects to which the cancelled society Explanation.—For the purposes of this section, the expressions—
was eligible for affiliation; and
(i) “insured co-operative bank” means a society which is an
(c) any charitable purpose as defined in section 2 of the Charitable insured bank under the provisions of the Deposit Insurance and Credit
Endowments Act, 1890 or any other law for time being in force in the Union 6 of 1890. 47 of 1961. Guarantee Corporation Act, 1961 or any other law for the time being in
territory. force in the Union territory;
(ii) “transferee bank” in relation to an insured co-operative bank
CHAPTER XII
means a co-operative bank—
INSURED CO-OPERATIVE BANK
(I) with which such insured co-operative bank is
Order for 123.Notwithstanding anything contained in this Regulation, in the case of an amalgamated;
winding up, insured co-operative bank,—
(II) to which the assets and liabilities of such insured
reconstruction,
supersession of (a) an order for winding up or an order sanctioning a scheme of co-operative bank are transferred; or
Committee
etc., of insured compromise or arrangement or of amalgamation or reconstruction (including (III) into which such insured co-operative bank is divided
co-operative division or reorganisation) of the bank may be made only with the prior or converted under sub-section (1) of section 17.
bank not to be approval in writing of the Reserve Bank;
made without 124. The provisions of this Regulation shall be in addition to and not in Application of
sanction or (b) an order for winding up the bank shall be made by the Registrar if derogation of the provisions of the Banking Regulation Act, 1949 or any law for provisions of
requisition of Act 10 of 1949
Reserve Bank. so required by the Reserve Bank in the circumstances referred to in section the time being in force in the Union territory: and its
13D of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 or 47 of 1961. overriding
Provided that in case of any conflict between the provisions of this
any other law for the time being in force in the Union territory; effect.
Regulation and the provisions of the Banking Regulation Act, 1949, the provisions
(c) notwithstanding anything contained in this Regulation or the rules of the latter along with the rules, regulations, directions or instructions issued
made thereunder, the Registrar shall ensure the implementation of regulatory thereunder by the Reserve Bank from time to time shall apply.
prescription given by the Reserve Bank including supersession and winding
125. A Committee of co-operative bank shall ensure that— Committee of
up of the co-operative bank and shall appoint a special officer or a Liquidator co-operative
as the case may be within a period of one month of being so advised by the (a) the information is furnished every month to the Registrar in such bank to ensure
Reserve Bank; form as may be prescribed, regarding the loans taken from the bank by each certain things.
Committee member, members of the family and companies with which he is
(d) if so required by the Reserve Bank in the public interest or for associated, in any manner;
preventing the affairs of the bank being conducted in a manner detrimental to
(b) the bank is registered as an insured bank under the Deposit
the interests of the depositors or for securing the proper management of the
47 of 1961. Insurance and Credit Guarantee Corporation Act, 1961 or any other law for
bank, an order shall be made by the Registrar for supersession of the
the time being in force in the Union territory;
Committee and the appointment of a special officer in place thereof for such
period or periods not exceeding five years in the aggregate, as may from (c) the defects in the working of the bank are rectified and financial
time to time be specified by the Reserve Bank, and the special officer so irregularities disclosed in the course of audit of the bank or otherwise
appointed shall, after the expiry of his term of office, continue in office until remedied;
the day immediately preceding the date of the first meeting of the new
(d) the action to recover loans given by the bank is taken within one
Committee of such bank;
year from the date when repayment of the same has become due;
(e) an order for winding up of the bank or an order sanctioning a
(e)no financial loss is caused to the bank and any debt due to the bank
scheme of compromise or arrangement or of amalgamation or reconstruction
which is not recovered within a period of one year from the date when it has
(including division or reorganisation) or an order for the supersession of the
become due shall be recovered;
Committee of the bank and the appointment of a special officer in place
thereof made with the previous sanction in writing or on the requisition of (f) civil and criminal proceedings against a person who, in the
the Reserve Bank shall be final and shall not be liable to be called in opinion of the Committee, has misappropriated any fund of the bank are
question in any court; and initiated;
(f) the Liquidator or such bank or the transferee bank, as the case may (g) the provisions of sections 18 and 24 of the Banking Regulation
be, shall be under an obligation to pay the Deposit Insurance Corporation 10 of 1949. Act, 1949, as applicable to co-operative societies and section 63 of this
established under the Deposit Insurance and Credit Guarantee Corporation Regulation are complied with, and, if in its opinion any of the said provisions
Act, 1961 or any other law for time being in force in the Union territory, in 47 of 1961. are contravened, such contravention shall forthwith be reported to the
the circumstances, to the extent and in the manner referred to in section 21 of Registrar.
that Act.62 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
CHAPTER XIII
OFFENCES AND PENALTIES
Prohibition of 126. (1) No person, other than a society registered, or deemed to be
use of word registered, under this Regulation, and a person or his successor in interest of any
“co-operative”.
name or title under word which he traded or carried on business at the date on
which this Regulation comes into force, shall without the prior sanction of the
Administrator, function, trade or carry on business under any name or title of
which the word “co-operative” or its equivalent in any Indian language, forms
part.
(2) Any person contravening the provisions of the foregoing sub-section
shall on conviction, be liable for penalty which may extend to twenty-five
thousand rupees.
Penalty for 127. For contravention of the provisions of section 81, an officer—
contravention of
section 81. (i) who is a servant of a society, shall be liable to pay a penalty not
exceeding ten thousand rupees;
(ii)who is not a servant of the society, the Registrar may by an order
in writing declare such officer to be disqualified for being an officer or a
member of the Committee of the society or for being elected or appointed
to any office of the society, for such period not exceeding six years as he
may specify in the order:
Provided that before making an order under this section, the Registrar shall
give or cause to be given, an opportunity to the officer to show cause against the
act proposed to be taken against him.
Offences. 128.(1) It shall be an offence under this Regulation, if—
(a)any person makes a declaration referred to in section 26 which he
knows or has reason to believe to be false;
(b) the officer or officers authorised under sub-section (3) of section 37
fail to discharge the functions as provided in the said section;
(c) any member of a society transfers any property or interest in
property in contravention of sub-section (2) of section 52 or any person
knowingly acquires or abets the acquisition of, such property;
(d) any employer or director, manager, secretary or other officer or
agent acting on behalf of such employer without sufficient cause, fails to
comply with sub-section (2) of section 54;
(e) a Committee of a society or an officer or member thereof fails to
invest funds of such society in the manner required under section 63;
(f)any person, collecting share money for a society in formation, does
not within a reasonable period deposit the same in the State Co-operative
Bank, or a Central Co-operative Bank, or in any Nationalised Bank, or a
postal savings bank;
(g)any person, collecting the share money for a society in formation,
makes use of the funds so raised for conducting any business or trading in
the name of a society to be registered or otherwise;
(h) any person before, during or after the election of members of the
Managing Committee or office bearers, adopts corrupt practice;
(i) a retiring Chairperson to whom a direction has been issued under
sub-section (2) of section 78, fails to comply with such direction;Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 63
(j)a Committee of a society or a member thereof fails to comply with
the provisions of section 79;
(k)a Committee of a society or an officer or a member thereof, fails to
comply with the provisions of sub-sections (2), (3) or (5) of section 81;
(l) any officer or member of a society who is in possession of
information, books and records, fails to furnish such information or produce
books and papers, or give assistance to a person appointed or authorised by
the Administrator or the Registrar under sections 22,72, 74, 85, 86, 90, 92,
93, 94, 105 or 115;
(m) any officer of a society fails to hand over the custody of books,
records, cash, security and other property belonging to the society of which
he is an officer, to a person appointed under sections 22,72, 85, 86 or 115;
(n)a Committee of a society or any officer or a member thereof fails
without any reasonable excuse to comply with orders made under
section 87 or to give any notice, or to send any return or document, do or
allow to be done anything, which the Committee, officer or member is by
this Regulation required to give, send, do or allow to be done;
(o)a Committee of a society or an officer or member thereof wilfully
neglects or refuses to do any act or to furnish any information required for
the purposes of this Regulation by the Registrar or other person duly
authorised by him in writing in this behalf;
(p)a Committee of a society, or any officer or member thereof, wilfully
makes a false return, or furnishes, false information, or fails to maintain proper
accounts;
(q) any person wilfully or without any reasonable excuse disobeys any
summons, requisition or lawful written order issued under provisions of this
Regulation;
(r)an officer or a society fails to comply with the order made by the
Registrar under section 89;
(s) an officer, member, agent or servant of a society fails to comply
with the requirements of sub-section (2) of section 90;
(t) an officer or a member of a society wilfully fails to comply with
any decision, award or order passed under section 107;
(u)a member of a society fraudulently disposes of property over which
the society has a prior claim, or a member or officer or employee or any
person disposes of his property by sale, transfer, mortgage, gift or otherwise,
with the fraudulent intention of evading the dues of the society;
(v) an officer of a society wilfully recommends or sanctions for his
personal use or benefit or for use or benefit of a person in whom he is
interested, a loan in the name of any other person;
(w) an officer or member of a society destroys, mutilates, tampers
with, or otherwise alters, falsifies or secretes or is privy to the destruction,
mutilation, alteration, falsification or secreting of any books, papers or
securities or makes, or is privy to the making of any false or fraudulent entry
in any register, book of account or document belonging to the society;
(x) a Committee of co-operative bank fails to comply with all or any
of the clauses of section 125.
(2) Where an offence under this Regulation has been committed by a
Committee of a society, or Committee of co-operative bank, every person who at
the time the offence was committed, was a member of such Committee, shall be
deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:64 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
Provided that nothing contained in this sub-section shall render any such
person liable to any punishment as provided in this Regulation, if he proves that
the offence was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.
Punishment for 129.Every employer or officer, member, agent or servant of Committee of
contravention of co-operative bank, who contravenes the provisions of section 125 shall, on
section 125.
conviction, be punished,—
(i)under clause (a) of that section, with fine which may extend to fifty
thousand rupees;
(ii) under clause (b) of that section, with imprisonment for a term
which may extend to six months or with fine which may extend to one lakh
rupees or with both;
(iii) under clause (c) of that section, with imprisonment for a term
which may extend to one year or with fine which may extend to one lakh
rupees or with both;
(iv) under clause (d) of that section, with imprisonment for a term
which may extend to six months or with fine which may extend to one lakh
rupees or with both;
(v) under clause (e) of that section, with imprisonment for a term
which may extend to one year or with fine which may extend to one lakh
rupees or with both;
(vi) under clause (f) of that section, with imprisonment for a term
which may extend to two years or with fine which may extend to two lakh
rupees or with both;
(vii) under clause (g) of that section, with imprisonment for a term
which may extend to one year or with fine which may extend to one lakh
rupees or with both.
Punishment for 130.(1) Every employer or officer, member, agent or servant of a society, or
offences under any other person, who commits an offence under section 128 shall, be punished,—
section 128.
(a)under clause (a) of that section, with simple imprisonment which
may extend to six months or with fine which may extend to ten thousand
rupees or both;
(b)under clause (b) of that section, with penalty which may extend to
twenty-five thousand rupees;
(c)under clause (c) of that section with imprisonment for a term which
may extend to six months or with fine which may extend to five thousand
rupees or with both;
(d)under clause (d) of that section with imprisonment for a term which
may extend to one month or with fine which may extend to fifty thousand
rupees or with both;
(e)under clause (e) of that section with penalty which may extend to
fifty thousand rupees;
(f) under clause (f) of that section with penalty which may extend to
fifty thousand rupees;
(g)under clause (g) of that section with imprisonment for a term which
may extend to one year or with fine which may extend to fifty thousand
rupees or with both;Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 65
(h)under clause (h) of that section with imprisonment for a term which
may extend to six months or with fine which may extend to ten thousand
rupees or with both;
(i) under clause (i) of that section, with simple imprisonment which
may extend to one month or with fine which may extend to twenty-five
thousand rupees or with both;
(j)under clause (j) of that section, with imprisonment for a term which
may extend to six months or with fine which may extend to ten thousand
rupees or with both;
(k)under clause (k) of that section, with penalty which may extend to
twenty-five thousand five hundred rupees;
(l)under clause (l) of that section, with imprisonment for a term which
may extend to three months or with fine which may extend to twenty-five
thousand rupees or with both;
(m) under clause (m) of that section, with penalty which may extend
to twenty-five thousand rupees;
(n)under clause (n) of that section, with penalty which may extend to
twenty-five thousand rupees;
(o) under clause (o) of that section, with imprisonment for a term
which may extend to one month or with fine which may extend to
twenty-five thousand rupees or with both;
(p) under clause (p) of that section, with imprisonment for a term
which may extend to one year or with fine which may extend to fifty
thousand rupees or with both;
(q) under clause (q) of that section, with imprisonment for a term
which may extend to six months or with fine which may extend to ten
thousand rupees or with both;
(r)under clause (r) of that section, with imprisonment for a term which
may extend to one year or with fine which may extend to twenty-five
thousand rupees or with both;
(s)under clause (s) of that section, with penalty which may extend to
twenty-five thousand rupees;
(t)under clause (t) of that section, with imprisonment for a term which
may extend to six months or with fine which may extend to twenty-five
thousand rupees or with both;
(u) under clause (u) of that section, with imprisonment for a term
which may extend to six months or with fine which may extend to fifty
thousand rupees or with both;
(v) under clause (v) of that section, with imprisonment for a term
which may extend to two years or with fine which may extend to one lakh
rupees or with both;
(w) under clause (w) of that section, with imprisonment for a term
which may extend to three years, or with fine which may extend to ten
thousand rupees, or with both.
(2) No prosecution for an offence under section 128 shall be instituted in
respect of the same facts on which a penalty has been imposed by the Registrar
under any provisions of this Regulation.66 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(3) The penalties under this Regulation shall be imposed by the Registrar
and the manner of imposing such penalties shall be such as may be prescribed.
Cognizance of 131.(1) No court inferior to that of a Judicial Magistrate of first class shall
offences. try any offence for which imprisonment is provided as one of the modes of
punishment with fine.
(2) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha
Sanhita, 2023 it shall be lawful for the Judicial Magistrate of first class to pass a 46 of 2023.
sentence or fine on any person convicted of an offence under section 147 as
provided under sections 148 and 149, in excess of his powers under section 26 of
that Code.
(3)No prosecution under this Regulation shall be initiated, except with the
previous sanction of the Registrar.
CHAPTER XIV
APPEALS, REVIEW AND REVISION
Constitution of 132. (1) The Administrator shall constitute a Tribunal to be called the
Co-operative Co-operative Tribunal to exercise the functions conferred on it or under this
Tribunal.
Regulation.
(2) The Tribunal shall consist of a President and such number of other
members as the Administrator may, from time to time, consider necessary.
(3)The qualifications, experience, terms and conditions for appointment of
the President and other members shall be such as may be prescribed.
(4)The Administrator may terminate the appointment of any member of the
Tribunal before the expiry of the term of his office, if such member—
(a)is adjudged as an insolvent;
(b)engages during his term of office in any paid employment outside
the duties of his office unless such employment is authorised by the
Administrator;
(c) is or becomes in any way concerned or interested in any contract
or agreement made by or on behalf of the Administration or participates in
any way in the profit thereof or in any benefit or emoluments arising there
from otherwise than as a member;
(d) has become physically or mentally incapable of acting as a
Member:
Provided that the Member shall not be removed from his office on the
grounds specified under clauses (b) or (c), except by an order made by the
Administrator after an inquiry made by the Judge of the concerned High Court
having jurisdiction in such manner as may be prescribed; or
(e)is convicted of an offence involving moral turpitude.
(5) Any vacancy in the membership of the Tribunal shall be filled by the
Administrator.
(6) The powers and functions of the Tribunal may be exercised and
discharged by the Benches constituted by the President from amongst the
members of the Tribunal including himself and such Benches shall consist of two
or more members.
(7) Where a matter is heard by three members the opinion of the majority
shall prevail, and the decision shall be in accordance with the opinion of the
majority and where a matter is heard by an even number of members, and the
members are equally divided, if the President be one of the members, the opinion
of the President shall prevail and in other cases the matter shall be referred for
hearing to the President and shall be decided in accordance with his decision:
Provided that any interlocutory application may be heard by one or more
members who may be present.Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 67
(8)Subject to the previous sanction of the Administrator, the Tribunal shall
frame regulations consistent with the provisions of this Regulation and rules made
thereunder, for regulating its procedure and the disposal of its business which shall
be published in the Official Gazette.
133.(1) The Tribunal may call for and examine the record of any proceeding Proceedings of
in which an appeal lies to it, for the purpose of satisfying itself as to the legality Tribunal.
or propriety of any decision or order passed, and if, in any case, it appears to the
Tribunal that any such decision or order should be modified, annulled or reversed,
the Tribunal may pass such order thereon as it may deem appropriate.
(2)Where an appeal is made to the Tribunal under section 109, it may make
such interlocutory order spending the decision of the appeal as may appear to it
to be just and convenient, or such orders as may be necessary for the ends of
justice, or to prevent the abuse of the process of the Tribunal.
(3) An order passed in appeal under sub-section (1) or in review under
section 134, by the Tribunal, shall be final and conclusive and shall not be called
in question in any civil or revenue court.
(4)The Tribunal hearing an appeal under this Regulation shall exercise all
the powers conferred upon an appellate court by section 99 and Order XLI in the
5 of 1908. First Schedule to the Code of Civil Procedure, 1908.
134.(1) The Tribunal may, either on the application of the Registrar, or any Review of
interested party, review its own order in such case and pass in reference thereto orders of
Tribunal.
such order as it thinks appropriate:
Provided that no application made by the interested party shall be
entertained, unless the Tribunal is satisfied that there has been discovery of new
and important matter of evidence, which after the exercise of due diligence was
not within the knowledge of the applicant or could not be produced by him at the
time when the order was made, or that there has been some mistake or error
apparent on the face of the record, or for any other sufficient reasons:
Provided further that no such order shall be varied or revised, unless notice
has been given to the interested parties to appear and be heard in support of such
order.
(2) An application for review under sub-section (1) by any party shall be
made within a period of ninety days from the date of communication of the order
of the Tribunal.
135.(1) In exercising the powers conferred on the Tribunal by or under this Tribunal to have
Regulation, it shall have the same powers as are vested in a civil court in respect powers of civil
court.
of—
(a)proof of facts by affidavit;
(b) summoning and enforcing the attendance of any person and
examining him on oath;
(c)compelling the production of documents;
(d)issuing commissions for the examination of witnesses; and
(e)any other matter which may be prescribed.
(2)In the case of any such affidavit, any officer appointed by the Tribunal
in this behalf may administer the oath to the deponent.
136.(1) An appeal against an order or decision under sections 4, 9, 11, 13, Appeals.
17, 20, 22, 40, and 86 shall lie,—68 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(a)if made or sanctioned or approved by the Registrar or an Additional
Registrar or Joint Registrar on whom powers of the Registrar are conferred,
to the Administrator;
(b)if made or sanctioned by any person other than the Registrar or a
Deputy Registrar or Assistant Registrar on whom the powers of the
Registrar are conferred, to the Registrar.
(2)An appeal against an order of a Liquidator under section 117 shall lie—
(a) to the Administrator if the order was made with the sanction or
approval of the Registrar; and
(b)to the Registrar in any other case.
(3)An appeal against an order or decision under sections 87, 96, 99 and any
order passed by the Registrar for paying compensation to a society, and any other
order for which an appeal to the Tribunal has been provided under this Regulation,
shall lie to the Tribunal.
(4) An appeal under sub-sections (1), (2) or (3) shall be filed within two
months of the date of the communication of the order or decision.
(5) The procedure to be followed in presenting and disposing of appeals
under this section or under any other provisions of this Regulation shall be such
as may be prescribed.
(6)Save as otherwise provided in this Regulation, no appeal shall lie against
any order, decision or award passed in accordance with this Regulation and every
such order, decision or award shall be final, and where provisions for any appeal
has been provided, any order passed in appeal shall be final and no further appeal
shall lie against it.
Extension of 137. In all cases in which it is provided that an appeal may be filed under
period of this Regulation against any decision or order within a specified period, the
limitation of
appellate authority may admit an appeal after the expiry of such period, if the
appellate
authority in appellant satisfies the appellate authority that he had sufficient cause for not
certain cases. preferring the appeal within such period.
Power of 138. The Administrator and the Registrar may call for and examine the
Administrator record of any inquiry or the proceedings of any other matter of any officer
and Registrar to
subordinate to them, except those referred to in sub-section (1) of section 133, for
call for
proceedings of the purpose of satisfying themselves as to the legality or propriety of any decision
subordinate or order passed, and the regularity of the proceedings of such officer and in any
officers to pass
case, it appears to the Administrator or the Registrar, that any decision or order or
orders thereon.
proceedings so called for should be modified, annulled or reversed, the
Administrator or the Registrar, as the case may be, may after giving persons
affected thereby an opportunity of being heard, pass such order thereon as he may
deem appropriate.
CHAPTER XV
MISCELLANEOUS
Power of 139.The Administrator may, by general or special order, direct any society
Administrator to
or any class of society not to render contract in relation to such matters concerning
give directions
for e-tender such society or the class of any society and to make purchases for such amount
process. by following the e-tender process.
Recovery of 140.(1) Unless otherwise provided by this Regulation, all sums due from a
sums due to society or from an officer or member or previous member or a deceased member
Administration.
of a society, to the Administration, may be recovered as arrears of land revenue.Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 69
(2) The sums due from a society to the Administration and recoverable
under sub-section (1) may be recovered—
(i)from the property of the society;
(ii) in the case of a society of which the liability of the members is
limited, from the members or past members or from their estate if they have
died, subject to the limit of their liability;
(iii)in the case of societies with unlimited liability, from the members
or past members or their estate, if they have died.
(3) The liability under this section shall in all cases be subject to the
provisions of section 38.
141. Every year within six months of the closure of the accounting year, Filing of
every society shall file the following returns with the Registrar, namely:— returns.
(a)annual report of the activities;
(b)audited statements of accounts;
(c)plan for surplus disposal as approved by the general body;
(d)list of amendments to the bye-laws of the society;
(e)declaration regarding date of holding of general body meeting and
conduct of elections where due;
(f)any other information required by the Registrar in pursuance of any
of the provisions of this Regulation.
142. (1) Notwithstanding anything to the contrary contained in this Filing of
Regulation, and without prejudice to the provisions of the Information applications,
documents,
18 of 2000. Technology Act, 2000, the Administrator may, from such date as may be notified, inspections, etc.,
require that— in electronic
form.
(a) such applications, returns, reports, statement of accounts, or any
other particulars or document as may be required to be filed or delivered
under this Regulation or the rules made thereunder, shall be filed in the
electronic form and authenticated;
(b) such document, notice, any communication, or information, as
may be required to be served or delivered under this Regulation, shall be
served or delivered in the electronic form and authenticated;
(c)such applications, returns, reports, statement of accounts, registers,
bye-laws or any other particulars or documents and returns filed under this
Regulation or the rules made thereunder shall be maintained by the Registrar
in the electronic form and registered or authenticated, as the case may be;
(d)such inspection of bye-laws, returns, reports, statement of accounts
or any other particulars or documents maintained in the electronic form, as
is otherwise available for inspection under this Regulation or the rules made
thereunder, may be made by any person through the electronic form; and
(e)such fees, charges, or other sums payable under this Regulation or
the rules made thereunder shall be paid through the digital mode, in such
manner as may be prescribed.
(2)The Registrar shall—
(a)issue certificate of registration;
(b)register the amendment of bye-laws;
(c)register change of registered office;
(d)register any document;70 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(e)issue any certificate;
(f)issue notice; and
(g) receive such communication, as may be required to be registered
or issued or recorded or received under this Regulation or the rules made
thereunder or perform duties or discharge functions or exercise powers
under this Regulation or the rules made thereunder or do any act which is
by this Regulation directed to be performed or discharged or exercised or
done by the Registrar, in the electronic form in such manner as may be
prescribed.
Explanation.— For the purposes of this section, the expression “electronic
form” shall have the same meaning as assigned to it in clause (r) of sub-section (1)
of section 2 of the Information Technology Act, 2000. 21 of 2000.
Competency of 143. Notwithstanding anything contained in the Transfer of Property Act, 1882 4 of 1882.
a member to and the Registration Act 1908, it shall be lawful for a member of a Co-operative 16 of 1908.
transfer land or
Farming Society to transfer to the society any land held by him or the whole or
interest therein
to society. part of his interest in any land by an agreement in such manner as may be
prescribed.
Registrar's 144.(1) The Registrar or any subordinate officer empowered by him in this
powers to behalf may, subject to such rules as may be made by the Administrator but without
recover certain
prejudice to any other mode of recovery provided by or under this Regulation,
sums by
attachment and recover—
sale of property.
(a)any amount due under a decree or order of a civil court, obtained
by a society;
(b)any amount due under a decision, award or order of the Registrar,
his nominee or the board of nominees or Liquidator or Tribunal;
(c)any sum awarded by way of costs under this Regulation;
(d)any sum ordered to be paid under this Regulation as a contribution
to the assets of the society,
together with interest, if any, due on such amount or sum and the costs of
recovering the same, by the attachment and sale or by sale without attachment of
the property of the person against whom such decree, decision, award or order has
been obtained or passed.
(2) The Registrar or the officer empowered by him shall be deemed when
exercising the powers under sub-section (1) or when passing any order on any
application made to him for such recovery, to be a civil court for the purposes of
article 182 in the First Schedule to the Limitation Act, 1963. 36 of 1963.
145.(1) The Administrator may, by general or special order, to be published
Power to
exempt societies in the Official Gazette, and for the reasons to be recorded in writing, exempt any
from provisions society or class of societies from any of the provisions of this Regulation, or may
of Regulation.
direct that such provisions shall apply to such societies with such modifications
not affecting the substance thereof as may be specified in the order:
Provided that no order to the prejudice of any society shall be passed,
without an opportunity being given to such society to represent its case.
(2) Nothing contained in this section shall be applicable to matters related
to banking.
Delegation of 146.The Administrator may, by notification, and subject to such conditions,
powers of
as it may think fit to impose, delegate—
Administrator
and Registrar.Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 71
(a) any power exercisable by him under this Regulation except the
power under sub-section (1) of section 136 and section 152 thereof to the
Registrar;
(b) all or any of the powers of the Registrar under this Regulation to
any Committee constituted or to any co-operative federal society recognised
under section 101 or to an officer of such society or to any panchayat
constituted under any law relating to panchayats for the time being in force
in the Union territory.
147. (1) No society shall open a branch or a place of business outside the Branches, etc.,
Union territory, and no co-operative society registered under any law in any other of societies
outside Union
State shall open a branch or a place of business in the Union territory without the
territory.
permission of the Registrar.
(2)Every co-operative society registered under any law in any other State,
and permitted to open a branch or a place of business in the Union territory under
sub-section (1) or which has a branch or a place of business in the Union territory
before the commencement of this Regulation, shall, within three months from the
date of the opening of such branch or place of business or from the date of the
commencement of this Regulation, as the case may be, file with the Registrar a
certified copy of the bye-laws and amendments and, if these be not in English a
certified translation thereof in English or Hindi and shall submit to the Registrar
such returns and information as are submitted by similar societies registered under
this Regulation in addition to those which may be submitted to the Registrar of
that State where such society is registered.
(3)The provisions of sub-sections (1) and (2) shall not apply to co-operative
societies to which the provisions of the Multi-State Co-operative Societies
39 of 2002. Act, 2002 applies:
Provided that in case of a co-operative society carrying on the business of
banking, the guidelines on the subject issued by Reserve Bank from time to time
shall be followed.
(4) Nothing contained in sub-section (1) shall affect a society which has a
branch or a place of business outside the Union territory at the commencement of
this Regulation.
148. The Registrar, any person exercising the powers of the Registrar, an Registrar and
other officers to
official assignee under section 22, a custodian under section 72, co-operative
be public
election officer under section 74, a person authorised to audit the accounts of a
servants.
society under section 90, or to hold an inquiry under section 92, or to make an
inspection under sections 93 or 94, and a person appointed as a special officer
under sections 86 or 123, or as a nominee or board of nominees under section 104,
or as a Liquidator under section 115, and all members of the Tribunal shall be
deemed to be public servants within the meaning of clause 28 of section 2 of the
45 of 2023. Bharatiya Nyaya Sanhita, 2023.
149. No suit, prosecution or other legal proceeding shall lie against the Protection of
Registrar or any person subordinate to him or acting on his authority or any officer action taken in
good faith.
under this Regulation in respect of anything done or intended to be done in good
faith in pursuance of this Regulation or rules made thereunder.
150.(1) Save as expressly provided in this Regulation, no civil or revenue Bar on
Jurisdiction of
court shall have any jurisdiction in respect of—
courts.
(a) the registration of a society or its bye-laws, or the amendment of
its bye-laws, or the dissolution of the Committee of a society, or the
management of the society on dissolution thereof;72 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
(b)any dispute required to be referred to the Registrar or his nominee
or board of nominees, for decision; or
(c) any matter concerned with the winding up and dissolution of a
society.
(2) While a society is being wound up, no suit or other legal proceeding
relating to the business of such society shall be proceeded with or instituted
against the society or any member thereof, or any matter touching the affairs of
the society, except by leave of the Registrar, and subject to such terms as he may
impose.
(3)All orders, decisions or awards passed in accordance with the provisions
of this Regulation or the rules made thereunder, shall, subject to the provisions
for appeal or revision, be final and no such order, decision or award shall be liable
to be challenged, set aside, modified, revised or declared void in any court upon
the merits, or upon any other ground whatsoever except for want of jurisdiction.
Notice 151. Save as otherwise provided in this Regulation, no suit shall be instituted
necessary in against a society, or any of its officers, in respect of any Regulation touching the
suits.
business of the society, until the expiration of two months next after notice in
writing has been delivered to the Registrar or left at his office, stating the cause
of action, the name, description and place of residence of the plaintiff and the
relief which he claims, and the plaint shall contain a statement that such notice
has been so delivered or left.
Power to make 152.(1) The Administrator may, by notification and subject to the condition
rules and its of previous publication, make rules not inconsistent with the provisions of this
laying before Regulation to carry out the purposes of this Regulation.
Parliament.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the matters enumerated in
respective sections of this Regulation.
(3)Every rule made by the Administrator under this Regulation shall be laid,
as soon as may be after it is made, before each House of Parliament, while it is in
session, for a total period of thirty days which may be comprised in one session
or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule or both Houses agree that
the rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
Companies Act 153.The provisions of the Companies Act, 2013, shall not apply to societies 18 of 2013.
not to apply.
registered, or deemed to be registered under this Regulation.
Power to 154. (1) If any difficulty arises in giving effect to the provisions of this
remove Regulation, the Administrator may, by order published in the Official Gazette,
difficulties.
make such provisions not inconsistent with the provisions of this Regulation as
may appear to him to be necessary or expedient for the removal of that difficulty:
Provided that no such order shall be made under this section after the expiry
of one year from the date of commencement of this Regulation.
(2)Every order made under this section shall be laid, as soon as may be after
it is made, before each House of Parliament.
Repeal and 155. (1) The Gujarat Cooperative Societies Act, 1961 as extended to the X of 1962.
savings.
Union territory of Dadra and Nagar Haveli by order of the Central Government
and the Maharashtra Co-operative Societies Act, 1960 as extended to the Union XXIV of 1961.
territory of Daman and Diu by order of Central Government (hereafter in this
Chapter referred to as the said Acts) are hereby repealed:Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 73
Provided that such repeal shall not affect—
(i)the previous operation of the said Acts so repealed, or anything duly
done or suffered thereunder;
(ii) any right, privilege, obligation or liability acquired, accrued or
incurred under the law so repealed;
(iii) any penalty, forfeiture or punishment incurred in respect of any
offence committed against the said Acts so repealed; or
(iv) any investigation, proceedings, legal proceedings or remedy in
respect of any such right, privilege, obligation, liability, penalty, forfeiture
or punishment as aforesaid,
and any such investigation, proceedings, legal proceedings or remedy may be
instituted, continued or enforced and any such penalty, forfeiture or punishment
may be imposed, as if the said Acts had not been repealed.
(2) All societies registered or deemed to be registered under the said Acts
the registration of which was in force immediately before the commencement of
this Regulation, shall on such commencement to be deemed to be registered under
this Regulation; and all proceedings pending immediately before such
commencement before any Registrar, Arbitrator, Liquidator or Tribunal or other
officer, authority or person under the provisions of the said Acts shall stand
transferred where necessary, to the Registrar, Arbitrator, Liquidator or Tribunal
or other corresponding officer, authority or person under this Regulation, and if
no such officer, authority or person exists or if there be a doubt as to the
corresponding officer, authority or person to such officer, authority or person as
the Administrator may designate and shall be continued and disposed of by such
officer, authority or person in accordance with the provisions of this Regulation.
(3) Any reference to the said Acts or to any provisions thereof or to any
officer, authority or person entrusted with any functions thereunder, in any law
for the time being in force in the Union territory or in any instrument or document
shall be construed, where necessary, as a reference to this Regulation or its
relevant provisions or the corresponding officer, authority or person functioning
under this Regulation, and the corresponding officer, authority or person, as the
case may be, shall have and exercise the functions under such law instrument or
document.
(4)The mention of particular matters referred to in sub-section (1) shall not
be held to prejudice or affect the general application of section 6 of the General
10 of 1897. Clauses Act, 1897 with regard to the effect of repeal.74 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—Sec. 1]
THE SCHEDULE
[See section 4(i)]
Co-operative Principles
1. Voluntary and Open Membership
Co-operatives are voluntary organisations, open to all persons capable of
using their services and willing to accept the responsibilities of membership,
without discrimination on bases of gender, social inequality, racial, political
ideologies or religious consideration.
2. Democratic Member Control
Co-operatives are democratic organisations controlled by their members,
who actively participate in setting their policies and decision making. Elected
representatives of these co-operatives are responsible and accountable to their
members.
3. Member’s Economic Participation
Members contribute equitable and control the capital of their co-operative
democratically. At least a part of the surplus arising out of the economic results
would be the common property of the co-operatives. The remaining surplus could
be utilised benefiting the members in proportion to their share in the co-operative.
4. Autonomy and Independence
Co-operatives are autonomous, self-help organisations controlled by their
members. If co-operatives enter into agreement with other organisations including
Government or raise capital from external sources, they do so on terms that ensure
their democratic control by members and maintenance of co-operative autonomy.
5. Education, Training and Information
Co-operatives provide education and training to their members, elected
representatives and employees so that they can contribute effectively to the
development of their co-operatives. They also make the general public,
particularly young people and leaders aware of the nature and benefits of
cooperation.
6. Cooperation among Co-operatives
Co-operatives serve their members most effectively and strengthen the
co-operative movement, by working together through available local, regional,
national and international structures.
7. Concern for community
While focussing on the needs of their members, co-operatives work for the
sustainable development of communities through policies accepted by their
members.
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DROUPADI MURMU,
President.
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DR. RAJIV MANI,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—272GI(S3)—30-9-2024.