{ "id": 13546, "slug": "arunachal-pradesh-co-operative-societies-act-1978", "title": "Arunachal Pradesh Co-operative Societies Act, 1978", "short_title": "Arunachal Pradesh Co-operative Societies Act, 1978", "act_number": "(Act No. 3 of 1978)", "act_year": 1978, "act_type": "STATE", "location": "Arunachal Pradesh", "law_status": "unknown", "enactment_date": null, "description": "Arunachal Pradesh Co-operative Societies Act, 1978", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "1. Short title, extent and commencement.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "2. Definitions.", "chapter": null, "content": "(1) \"Agricultural marketing society\" means a society-\n(a) the object of which is the marketing of agricultural produce and the supply of implements and other requisites for agricultural production, and\n(b) not less than three-fourth of the members of which are agriculturists or societies formed by agriculturists;\n(2) \"arbitrator\" means a person appointed under this Act to decide dispute referred to him by the Registrar and includes the Registrar's nominee or Board of Nominees;\n(3) \"Apex Bank\" means the Arunachal Pradesh State Co-operative Apex Bank Limited;\n(4) \"auditor\" means a person appointed by the Registrar or by a society to audit the accounts of the society;\n(5) \"bonus\" means payment made in cash or kind out of the profits of a society to a member, or to a person who is not a member, on the basis of his contribution (including any contribution in the form of labour or service) to the business of the society. And in the case of a farming society, on the basis both of such contribution and also the value or income or, as the case may be, the area of the lands of the members brought together for joint cultivation, as may be decided by the society;\n(6) \"bye-laws\" means bye-laws registered under this Act and for the time being in force, and includes registered amendments of such bye-laws;\n(7) \"Central Bank\" means a co-operative bank, the objects of which include the creation of funds to be loaned to other societies;\n(8) \"Committee\" means the committee of management, or other directing body, to which the management of the affairs of a society is entrusted;\n(9) \"company\" means a company as defined in the Companies Act, 1956 (1 of 1956) and includes a Banking Company and also and board, corporation or other corporate body constituted or established by any Central or State Act for the purpose of the development of any industry;\n(10) \"consumers society\" means a society the object of which is-\n(a) the procurement, production or processing and distribution of goods to, or the performance of other services for, its members as also other customers, and\n(b) the distribution among its members and customers, in the proportion prescribed by rules or by the bye-laws of the society, of the profits accruing from such procurement, production or processing and distribution;\n(11) \"co-operative bank\" means a society registered under this Act and doing the business of banking as defined in Clause (b) of sub-section (1) of Section 5 of the Banking Companies Act, 1949 (X of 1949);\n(12) \"Co-operative Year\" means the twelve months period beginning on 1st April and ending on 31st March.\n(13) \"dividend\" means the amount paid out of the profits of a society, to a member in proportion to the shares held by him;\n(14) \"farming society\" means a society in which, with the object of increasing agricultural production, employment and income and the better utilisation of resources, lands are brought together and jointly cultivated by all the members; such lands-\n(a) being owned by or leased to the member (or some of them), or\n(b) coming in possession of the society, in any other manner whatsoever;)\n(15) \"federal society\" means a society-\n(a) not less than five members of which are themselves societies and\n(b) 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;\n(16) \"firm\" means a firm registered under the Indian Partnership Act, 1932 (IX of 1932);\n(17) \"general society\" means a society not falling in any of the classes of societies defined by other clauses of this section;\n(18) \"Government\" means the Government of Arunachal Pradesh;\n(19) \"housing society\" means a society the object of which is providing its members with dwelling houses;\n(20) \"liquidator\" means a person appointed as liquidator under the Act;\n(21) \"local authority\" includes a school board and an agricultural produce marked committee constituted by or under any law for the time being in force;\n(22) (a) \"member\" means a person jointing 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;\n(b) \"associate member\" means a member who holds jointly a share of a society with others, but whose name does not stand first in the share certificate;\n(c) \"nominal member\" means a person admitted to membership as such after registration in accordance with the bye-laws;\n(d) \"sympathiser member\" means a person who sympathises with the aims and objects of the society and who is admitted by the society, as such member;\n(23) \"officer\" means a person elected or appointed by a society to any office of such society according to its bye-laws; and includes a Chairman, Vice-Chairman, President, Vice-President, Managing Director, Manager, Secretary, Treasurer, member of the committee, and any other person elected or appointed under this Act, the rules or bye-laws, to give directions in regard to the businesses of such society;\n(24) \"Official Gazette\" means the Arunachal Pradesh Gazette;\n(25) \"prescribed\" means prescribed by rules;\n(26) \"processing society\" means as a society the object of which is the processing of goods;\n(27) \"producer society\" means a society the object of which is the production and disposal of goods or the collective disposal of the labour of the members thereof;\n(28) \"Registrar\" means a person appointed to be the Registrar of Co-operative Societies under this Act;\n(29) \"revenue society\" means a society the object of which is the obtaining for its members the credit, goods or services required by them;\n(30) \"rules\" means rules made under this Act;\n(31) \"society\" means a co-operative society registered, or deemed to be registered, under the Act;\n(32) \"society with limited liability\" means a society having the liability of its members limited by its bye-laws;\n(33) \"society with unlimited liability\" means a society, the members of which are in the event of its being wound up, jointly and severally liable for and in respect of its obligations and to contribute to any deficiency in the assets of the society;\n(34) \"working capital\" means funds at the disposal of a society inclusive of paid-up share capital, funds built out of profits, and money raised by borrowing and by other means.\nChapter II\nRegistration", "footnote": "", "is_definition": true, "sort_order": 1 }, { "number": "3", "title": "3. Registrar.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "4", "title": "4. Societies which may be registered.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "5", "title": "5. Registration with limited or unlimited liability.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "6", "title": "6. Condition of registration.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "7", "title": "7. Power to exempt societies from conditions as to registration.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "8", "title": "8. Application for registration.", "chapter": null, "content": "(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 Act; and\n(b) in the case of federal society, by at least five societies.", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "9", "title": "9. Registration.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "10", "title": "10. Evidence of registration.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "11", "title": "11. Power of Registrar to decide questions.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "12", "title": "12. Classification of societies.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "13", "title": "13. Amendment of bye-laws of society.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "14", "title": "14. Power to direct amendment of bye-laws.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "15", "title": "15. Change of name.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "16", "title": "16. Change of liability.", "chapter": null, "content": "(a) all members and creditors have assented, or deemed to have assented thereto as aforesaid; or\n(b) all claims of members and creditors who exercise the option, given by sub-section (2), within the period specified therein, have been met in full or otherwise satisfied.", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "17", "title": "17. Amalgamation, transfer, division or conversion of societies.", "chapter": null, "content": "(a) to amalgamate with another society;\n(b) to transfer its assets and liabilities, in whole or in part to any other society;\n(c) to divide itself into two or more societies; or\n(d) to convert itself into another class of society;\n(i) the society, after passing such resolution, has give notice thereof in such manner as may be prescribed to all its members, creditors and other persons whose interests are likely to be affected (hereinafter in this selection referred to as \"other interested persons\"), giving them the option, to be exercised within one month from the date of such notice of becoming members of any of the new societies, or continuing their membership in the amalgamated or converted society, or demanding payment of their share or interest or dues, as the case may be;\n(ii) all the members and creditors and other interested persons, have assented to the decision, or deemed to have assented thereto, by virtue of any member or creditors or any other interested person failing to exercise his option within the period specified in Clause (i) aforesaid; and\n(iii) all claims of members and creditors and other interested persons, who exercise the option within the period specified, have been met in full or otherwise satisfied.", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "18", "title": "18. Power to direct amalgamation, division and reorganisation in public interest etc.", "chapter": null, "content": "(a) a copy of the proposed order has been sent in draft to the society or each of the societies concerned; and\n(b) the Registrar has considered and made such modifications in the draft order as may seem to him desirable in the light of any suggestions and objections which may be received by him within such period (not being less than two months 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, either from the society, or from any member or class of members thereof, or from any creditor or class of creditors.", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "19", "title": "19. Reconstruction of societies.", "chapter": null, "content": "(a) between a society and its creditors, or\n(b) between a society and its members, is approved at a special general meeting called for the purpose, 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 in the prescribed manner, of the society.", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "20", "title": "20. Partnership of societies.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "21", "title": "21. Cancellation of registration.", "chapter": null, "content": "Chapter III\nMember and their Rights and Liabilities", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "22", "title": "22. Persons who may become members.", "chapter": null, "content": "(a) an individual, who is competent to contract under the Indian Contract Act, 1872 (IX of 1872);\n(b) a firm, a company or any other body corporate constituted under any law for the time being in force, or a society registered under the Societies Registration Act, 1860 (XXI of 1860);\n(c) a society registered or deemed to be registered under this Act;\n(d) the Government;\n(e) a local authority;\n(f) a public trust registered under any law for the time being in force for the registration of such trust;", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "23", "title": "23. Open membership.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "24", "title": "24. Nominal, associate and sympathiser member.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "25", "title": "25. Cessation of membership.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "26", "title": "26. No rights of membership to be exercised till due payments are made.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "27", "title": "27. Voting powers of members.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "28", "title": "28. Restriction on holding of shares.", "chapter": null, "content": "(a) hold more than such portion of the total share capital of the society (in no case exceeding one-fifth thereof) as may be prescribed, or\n(b) have or claim any interest in the shares of the society exceeding five thousand rupees;", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "29", "title": "29. Restrictions on transfer of charge on charge or interest.", "chapter": null, "content": "(a) he has held such share or interest for not less than one year;\n(b) the transfer is made to a member of the society or to a person whose application for membership has been accepted by the society.", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "30", "title": "30. Transfer of interest on death of a member.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "31", "title": "31. Share or interest not liable to attachment.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "32", "title": "32. Rights of members to see books, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "33", "title": "33. Liability of past member and estate of deceased member.", "chapter": null, "content": "(a) in the case of a past member, on the date on which he ceased to be a member, and\n(b) in the case of a deceased member, on the date of his death, shall continue for a period of two years from such date.", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "34", "title": "34. Insolvency of members.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "35", "title": "35. Expulsion of members.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "36", "title": "36. Manner of exercising vote.", "chapter": null, "content": "Chapter IV\nIncorporation, Duties and Privileges of Societies", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "37", "title": "37. Societies to be bodies corporate.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "38", "title": "38. Address of societies.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "39", "title": "39. Register of members.", "chapter": null, "content": "(a) the name, address and occupation of each member;\n(b) in the case of a society having share capital, the share held by each member;\n(c) the date on which each person was admitted as a member;\n(d) the date on which any person ceased to be a member; and\n(e) such other particulars as may be prescribed;", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "40", "title": "40. Copy of Act, etc., to be open to inspection.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "41", "title": "41. Admissibility of copy of entry as evidence.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "42", "title": "42. Exemption from compulsory registration and instruments relating to shares and debentures of society.", "chapter": null, "content": "(a) to any instrument relating to shares in a society, notwithstanding that assets of the society consist in whole or in part of immovable property; or\n(b) to any debentures issued by any society and not creating, declaring, assigning, limiting or extinguishing any right, title or interest to or immovable property, except in so far as it entitles the holder to the security afforded by a registered instrument whereby the society has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property, or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or\n(c) to any endorsement upon, or transfer of, any debentures issued by the society.", "footnote": "", "is_definition": false, "sort_order": 41 }, { "number": "43", "title": "43. Power to exempt from taxation.", "chapter": null, "content": "(a) the stamp duty with which, under any law relating to stamp duty for 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 class of such instruments, or awards of the Registrar or his nominee or Board of Nominees under this Act, are respectively chargeable;\n(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\n(c) any other tax or fee or duty (or any portion thereof) payable by or on behalf of society under any law for the time being in force, which the Government is competent to levy.", "footnote": "", "is_definition": false, "sort_order": 42 }, { "number": "44", "title": "44. Restrictions on borrowings.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 43 }, { "number": "45", "title": "45. Regulation of loan making policy.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 44 }, { "number": "46", "title": "46. Restrictions on transactions with persons other than members.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 45 }, { "number": "47", "title": "47. Charge and set-off in respect of share or interest of members.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 46 }, { "number": "48", "title": "48. Prior claim of society.", "chapter": null, "content": "(a) any debt or outstanding demand, owed to a society by any member or past member or deceased member, shall be a first charge,\n(i) upon the crops or other agricultural produce raised in whole or in part whether with or without a loan taken from the society by such member or past member or deceased member;\n(ii) upon any cattle, fodder for cattle, agricultural or industrial implements or machinery or raw materials for manufacture or workshop, godown or place of business, supplied to or purchased by such member or past member or deceased member, in whole or in part, from any loan whether in money or goods made to him by the society; and\n(iii) upon any movable property which may have been hypothecated, pledged or otherwise mortgaged by a member with the society and remaining in his custody;\n(b) any outstanding demands or dues payable to a society by any member or past member or deceased member in respect or rent, shares, loans or purchase money or any other rights or amounts payable to such society, shall be a first charge upon his interest in the immovable property of the society.\n(a) that every such member shall dispose of his produce through the society; and\n(b) that any member, who is found guilty of a breach of the bye-laws or of any such contract, shall reimburse the society for any loss, determined in such manner as may be specified in the bye-laws.", "footnote": "", "is_definition": false, "sort_order": 47 }, { "number": "49", "title": "49. Charge on the immovable property of members borrowing from certain societies.", "chapter": null, "content": "(a) any person who makes an application to a society of which he is a member, for a loan, shall, if he owns any land or has interest in any land as a tenant, make a declaration in the form prescribed. Such declaration shall state that the applicant thereby creates a charge on such land or interest specified in the declaration for the payment of the amount of the loan 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 society may make to him as such member, subject to such maximum as may be determined by the society, together with interest on such amount of the loan and advances;\n(b) any person who has taken a loan from society of which he is a member before the date of the coming into force of this Act, and who owns any land or has interest is land as a tenant, and who has not 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 referred to in Clause (a); and no such person shall, unless and until he has made such declaration, be entitled to exercise any right as a member of the society;\n(c) a declaration made under Clause (a) or (b) may be varied at any time by a member, with the consent of the society in favour of which such charge is created;\n(d) no member shall alienate the whole or any part of the land or interest therein, specified in the declaration made under Clause (a) or (b) until the whole amount borrowed by the member together with interest thereon is repaid in full;\n(e) any alienation made in contravention of the provisions of Clause (d) shall be void;\n(f) subject to the prior claims of the Government in respect of land revenue or any money recoverable as land revenue under this Act or any other law for the time being in force in any part of the State, there shall be a first charge in favour of the society on the land or interest specified in the declaration made under Clause (a) or (b), for and to the extent of the dues owing by him on account of the loan ;\n(g) the records of rights shall also include the particulars of every charge on land or interest created under a declaration under Clause (a) or Clause (b) notwithstanding anything contained in any law relating to land revenue for the time being in force;\n(h) any sum due to a society in consequence of charge created under a declaration under Clause (b) shall on application for its recovery being made by such society accompanied by a certificate signed by the Registrar, be recoverable by the Deputy Commissioner/Additional Deputy Commissioner according to the laws and under the Rules for the time being in force for recovery as a public demand under the Bengal Public Demands Recovery Act, 1913.\n(i) any resource society, the majority of the members of which are agriculturists and the primary object of which is to obtain credit for its members, or\n(ii) any society, or any society of the class of societies specified in this behalf by the Government, by a general or special order.", "footnote": "", "is_definition": false, "sort_order": 48 }, { "number": "50", "title": "50. Deduction from salary to meet society's claim in certain cases.", "chapter": null, "content": "Chapter V\nState Aid to Societies", "footnote": "", "is_definition": false, "sort_order": 49 }, { "number": "51", "title": "51. Direct partnership of Central Government in societies.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "52", "title": "52. Indirect partnership of Central Government in societies.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 51 }, { "number": "53", "title": "53. Principal State Partnership Fund.", "chapter": null, "content": "(a) directly purchasing shares in other societies with limited liability;\n(b) providing moneys to a society to enable that society (hereinafter in this Chapter referred to as a \"Central Society\") to purchase shares in other societies with limited liability (the latter societies being hereinafter in this Chapter referred to as \"Primary Societies\");\n(c) making payment to the Central Government in accordance with the provisions of this Chapter;", "footnote": "", "is_definition": false, "sort_order": 52 }, { "number": "54", "title": "54. Subsidiary State Partnership Fund.", "chapter": null, "content": "(a) purchasing shares in Primary society;\n(b) making payment to the Apex society in accordance with the provisions of this Chapter:", "footnote": "", "is_definition": false, "sort_order": 53 }, { "number": "55", "title": "55. Approval of Central Government for purchase of shares.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 54 }, { "number": "56", "title": "56. Liability to be limited in respect of certain shares.", "chapter": null, "content": "(a) the Central Government; or\n(b) an Apex Society from the Principal State Partnership Fund, or Central society from the Subsidiary State Partnership Fund, as the case may be;", "footnote": "", "is_definition": false, "sort_order": 55 }, { "number": "57", "title": "57. Restriction on amount of dividend.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 56 }, { "number": "58", "title": "58. Indemnity of Apex and Central societies.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 57 }, { "number": "59", "title": "59. Disposal of share capital and dividend, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 58 }, { "number": "60", "title": "60. Disposal of Principal or Subsidiary State Partnership Fund on State winding up of Apex or Central society.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 59 }, { "number": "61", "title": "61. Principal or Subsidiary State Partnership Fund not to form part of assets.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 60 }, { "number": "62", "title": "62. Agreement by Central Government and Apex societies.", "chapter": null, "content": "(a) the Central Government may enter into an agreement with an Apex society setting out the terms and conditions on which it shall provide moneys to the Apex society for the purpose specified in Section 52;\n(b) All Apex society may, with the previous approval of the Central Government, enter into an agreement with a Central society setting out the terms and conditions on which it shall provide moneys to that society from the Principal State Partnership Fund for the purpose specified in Clause (b) of sub-section (2) of Section 53.", "footnote": "", "is_definition": false, "sort_order": 61 }, { "number": "63", "title": "63. Other forms of State aid to societies.", "chapter": null, "content": "(a) give loans to a society;\n(b) guarantee the payment of the principal debentures issued by a society or of interest thereon of both or the repayment of the share capital of a society to its members or the payment of dividend thereon at such rates as may be specified by the Central Government;\n(c) guarantee the repayment of loans given by a co-operative bank to a society;\n(d) guarantee the repayment of the principal of and payment of interest on loans and advance given by the Reserve Bank of India or the Industrial Finance Corporation of India or any other authority constituted under any law for the time being in force; or\n(e) provide financial assistance, in any other form (including subsides), to a society.", "footnote": "", "is_definition": false, "sort_order": 62 }, { "number": "64", "title": "64. Provisions of this Chapter to override other laws.", "chapter": null, "content": "Chapter VI\nProperty and Funds of Societies", "footnote": "", "is_definition": false, "sort_order": 63 }, { "number": "65", "title": "65. Funds no to be divided.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 64 }, { "number": "66", "title": "66. Appropriation of profits.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 65 }, { "number": "67", "title": "67. Reserve Fund.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 66 }, { "number": "68", "title": "68. Restrictions on dividend.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 67 }, { "number": "69", "title": "69. Contribution to educational fund of the State Federal Society.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 68 }, { "number": "70", "title": "70. Contribution to public purposes.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 69 }, { "number": "71", "title": "71. Investment of funds.", "chapter": null, "content": "(a) in the Arunachal Pradesh State Co-operative Apex Bank Limited ;\n(b) in any of the securities specified in Section 20 of the Indian Trusts Act, 1882 (II of 1882);\n(c) in the shares of security bonds or debentures issued by any other society with limited liability;\n(d) in any banking company approved for this purpose by the Registrar, and on such conditions as the Registrar may, from time to time, impose;\n(e) in any other mode permitted by the rules, or by general or special order of the Government.", "footnote": "", "is_definition": false, "sort_order": 70 }, { "number": "72", "title": "72. Employees' provident fund.", "chapter": null, "content": "Chapter VII\nManagement of Societies", "footnote": "", "is_definition": false, "sort_order": 71 }, { "number": "73", "title": "73. Final authority.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 72 }, { "number": "74", "title": "74. Committee, its powers and functions.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 73 }, { "number": "75", "title": "75. Appointment of Manager, Secretary and other officers.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 74 }, { "number": "76", "title": "76. Annual general meeting.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 75 }, { "number": "77", "title": "77. Special general meeting.", "chapter": null, "content": "(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, or\n(ii) at the instance of the Registrar, or\n(iii) in the case of a society which is a member of a federal society, at the instance of the committee of such federal society.", "footnote": "", "is_definition": false, "sort_order": 76 }, { "number": "78", "title": "78. Acts of societies, etc., not be invalidated by certain defects.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 77 }, { "number": "79", "title": "79. Supersession of committee.", "chapter": null, "content": "(a) appoint a committee, consisting of three or more members of the society, in its place; or\n(b) appoint one or more administrators, who need not be members of the society;", "footnote": "", "is_definition": false, "sort_order": 78 }, { "number": "80", "title": "80. Registrar's power to enforce performance of obligations.", "chapter": null, "content": "(a) within the time provided in this Act, the rules or the bye laws, or the order, as the case may be, or\n(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.", "footnote": "", "is_definition": false, "sort_order": 79 }, { "number": "81", "title": "81. Registrar's power to seize records, etc.", "chapter": null, "content": "Chapter VIII\nAudit, Inquiry, Inspection and Suspension", "footnote": "", "is_definition": false, "sort_order": 80 }, { "number": "82", "title": "82. Audit.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 81 }, { "number": "83", "title": "83. Rectification of defects in accounts.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 82 }, { "number": "84", "title": "84. Inquiry by Registrar.", "chapter": null, "content": "(a) on the requisition of a society duly authorised by rules made in this behalf to make such requisition, in respect of one of its members, such member being itself a society, or\n(b) on the application of a majority of the committee of a society, or\n(c) on the application of one-third of the members of a society.\n(b) If any such person refuses to produce to the Registrar or any person authorised by him under sub-section (1), any books or papers which it is his duty under Clause (a) to produce or to answer any question which is put to him by the Registrar or the person authorised by the Registrar in pursuance of sub-Clause (a), the Registrar or the person authorised by the Registrar may certify the refusal and the Registrar after hearing any statement which may be offered in defence, punish the defaulter with a penalty not exceeding five hundred rupees. Any sum imposed as penalty under this section shall, on the application by the Registrar or the person authorised by him, to a Magistrate having jurisdiction, be recoverable by the Magistrate as if it were a fine imposed by himself.", "footnote": "", "is_definition": false, "sort_order": 83 }, { "number": "85", "title": "85. Inspection of the societies.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 84 }, { "number": "86", "title": "86. Inspection of books of indebted society.", "chapter": null, "content": "(a) satisfies the Registrar that the debt is a sum then due, and that he has demanded payment thereof and has not received satisfaction within a reasonable time; and\n(b) deposits with the Registrar such sum as the Registrar may require as security for the cost of any inspection of the books of the society;", "footnote": "", "is_definition": false, "sort_order": 85 }, { "number": "87", "title": "87. Costs of inquiry and inspection.", "chapter": null, "content": "(a) no order of apportionment of the costs shall be made under this section, unless the society or persons or the legal representatives of the deceased person liable to pay the costs thereunder; has or have been heard, or has to have had a reasonable opportunity of being heard;\n(b) the Registrar shall state in writing the grounds on which the costs are apportioned.", "footnote": "", "is_definition": false, "sort_order": 86 }, { "number": "88", "title": "88. Recovery of costs.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 87 }, { "number": "89", "title": "89. Registrar to bring defects disclosed in inquiry or inspection to the notice of society.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 88 }, { "number": "90", "title": "90. Power of Registrar to assess damages against delinquent promoters, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 89 }, { "number": "91", "title": "91. Power to enforce attendance, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 90 }, { "number": "92", "title": "92. Constitution or recognition of federal authority to supervise working of societies.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 91 }, { "number": "93", "title": "93. Power to seize records of society.", "chapter": null, "content": "Chapter IX\nDisputes and Arbitration", "footnote": "", "is_definition": false, "sort_order": 92 }, { "number": "94", "title": "94. Dispute.", "chapter": null, "content": "(a) a society, its committee, any past committee, any past or present officer, any past or present agent, any past or present servant or nominee, heir, or legal representative of any deceased officer, deceased agent or deceased servant of the society, or the liquidator of the society;\n(b) a member, past member or a person claiming through a member, past member or a deceased member of a society or a society which is a member of the society;\n(c) a person, other than a member of the society, who has been granted a loan by the society, or with whom the society has or had transactions under the provisions of Section 46, and any person claiming through such a person;\n(d) a surety of a member, past member or a deceased member, or a person other than a member who has been granted a loan by the society under Section 46, whether such a surety is or is not a member of the society;\n(e) any other society, or the liquidator of such a society.\n(i) a claim by or against a society for any debt or demand due to it from a member or due from it to a member, past member or the nominee, heir or legal representative of a deceased member, or servant or employee whether such a debt or demand be admitted or not;\n(ii) a claim by a survey for any sum or demand due to him from the principal borrower in respect of a loan by a society and recovered from the surety owing to the default of the principal borrower, whether such a sum or demand be admitted or not;\n(iii) a claim by a society for any loss caused to it by a member, past member or deceased member, by any officer, past officer or deceased officer, by any agent, past agent or deceased agent, or by any servant, past servant or deceased servant, or by its committee, past or present whether such loss be admitted or not;\n(iv) a refusal or failure by a member, past member or a nominee, heir or legal representative of a deceased member to deliver possession to a society of land or any other assets resumed by it for breach of conditions of the assignment.", "footnote": "", "is_definition": false, "sort_order": 93 }, { "number": "95", "title": "95. Power of the Apex Bank to proceed against member of the society for recovery of the money due it to from such society.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 94 }, { "number": "96", "title": "96. Limitation.", "chapter": null, "content": "(a) when the dispute relates to the recovery of any sum including interest thereon due to a society by a member thereof, be computed from the date on which such member dies or ceases to be a member of the society;\n(b) when the dispute is between a society or its committee and any past committee, or any past or present officer, or past or present agent, or past or present servant or the nominee, heir or legal representative of a deceased officer, deceased agent or deceased servant of the society, or a member, or 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 either party to the dispute, be six years from the date on which the act or omission with reference to which the dispute arose, took place;\n(c) when the dispute is in respect of any matter touching the constitution, management or business of a society which has been ordered to be wound up under Section 106, or in respect of which a nominated committee or an administrator has been appointed under Section 79, be six years from the date of the order issued under Section 106, or Section 79, as the case may be;\n(d) when the dispute is in respect of an election of an office bearer of the society, be one month from the date of the declaration of the result of the election.", "footnote": "", "is_definition": false, "sort_order": 95 }, { "number": "97", "title": "97. Settlement of dispute.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 96 }, { "number": "98", "title": "98. Procedure for settlement of disputes and power of Registrar, his nominee or board of nominees.", "chapter": null, "content": "(b) Where a dispute has been instituted in the name of a wrong person, or where all the defendants have not been included, the Registrar or his nominee or board of nominees may, at any stage of the hearing of the dispute, if satisfied that the mistake was bona fide , order any other person to be substituted or added as a plaintiff or a defendant upon such terms as be think just.\n(c) The Registrar, his nominee or board of nominees may, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Registrar, his nominee or board of nominees, as the case may be, to be just, order that the same of any party improperly joined whether as plaintiff or defendant, be struck out; and that the name of any person who ought to have been joined whether as plaintiff or defendant or whose presence before the Registrar, his nominee or board of nominees, as the case may be, may be necessary in order to enable the Registrar, his nominee or board of nominees effectually and completely to adjudicate upon and settle all the questions involved in the dispute, be added.\n(d) Any person who is a party to the dispute and entitled to more than one relief is respect of the same cause of action, may claim all or any of such reliefs; but if he omits to claim for all such reliefs, he shall not forward a claim for any relief so omitted, except with the leave of the Registrar, his nominee or board of nominees.", "footnote": "", "is_definition": false, "sort_order": 97 }, { "number": "99", "title": "99. Attachment before award.", "chapter": null, "content": "(a) is about to dispose of the whole or any part of his property, or\n(b) is about to remove the whole or any part of his property from the jurisdiction of the Registrar, the Registrar may, unless adequate security is furnished, direct conditional attachment of the said property and such attachment shall have the same effect as if made by a competent civil Court.", "footnote": "", "is_definition": false, "sort_order": 98 }, { "number": "100", "title": "100. Decision of Registrar or his nominee or board of nominees.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 99 }, { "number": "101", "title": "101. Appeal against decision of Registrar or his nominee or board of nominees.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 100 }, { "number": "102", "title": "102. Money how recovered.", "chapter": null, "content": "(a) on a certificate signed by the Registrar or a liquidator, be deemed to be a decree of a civil Court, and shall be executed in the same manner as a decree of such Court, or\n(b) be executed according to the law and under the rules for the time being in force for the recovery as a public demand under the Bengal Public Demands Recovery Act, 1913:", "footnote": "", "is_definition": false, "sort_order": 101 }, { "number": "103", "title": "103. Private transfer of property made after issue of certificate void against society.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 102 }, { "number": "104", "title": "104. Transfer of property which cannot be sold.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 103 }, { "number": "105", "title": "105. Scales of fees to be paid to the Registrar's nominees.", "chapter": null, "content": "Chapter X\nLiquidation", "footnote": "", "is_definition": false, "sort_order": 104 }, { "number": "106", "title": "106. Winding up.", "chapter": null, "content": "(a) after an enquiry has been held under Section 84 or an inspection has been made under Section 86 or on the report of the auditing of the account of the society, or\n(b) on receipt of an application made upon a resolution carried by three-fourths of the members of a society present at a special meeting called for the purpose, or\n(c) of his own motion in the case of a society which-\n(i) has not commenced working, or\n(ii) has ceased working, or\n(iii) possesses shares or members' deposits not exceeding five hundred rupees, or\n(iv) has ceased to comply with any conditions as to registration and management in this Act or the rules or the bye-laws, is of the opinion that a society ought to be wound up, he may issue an interim order directing it to be wound up.", "footnote": "", "is_definition": false, "sort_order": 105 }, { "number": "107", "title": "107. Appointment of Liquidator.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 106 }, { "number": "108", "title": "108. Appeal against order of winding up.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 107 }, { "number": "109", "title": "109. Powers of the Liquidator.", "chapter": null, "content": "(a) to institute and defend any suit and other legal proceedings, civil or criminal, on behalf of the society, in the name of his office;\n(b) to carry on the business of the society, so far as may be necessary for the beneficial winding up of the same;\n(c) to sell the immovable and movable property on actionable claims of the society by public auction or private contract with power to transfer the whole or part thereof to any person or body corporate, or sell the same in parcels;\n(d) to raise, on the security of the assets of the society, any money required;\n(e) to investigate all claims against the society and, subject to the provisions of the Act, to decide questions of priority arising out such claims, and to pay any class or classes of creditors in full or rateably according to the amount of such debts, the surplus being applied in payment of interest from the date of liquidation at a rate to be approved by the Registrar, but not exceeding the contract rates;\n(f) to make any compromise or arrangement with creditors or persons claiming to be creditors, or having or alleging themselves to have any claim, present or future, whereby the society may be rendered liable;\n(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 contingent, subsisting or supposed to subsist, between the society and a contributory or alleged contributory or other debtor or person apprehending liability to the society, and all questions in any way relating to or affecting the assets on the winding up of the society, on such terms as may be agreed, and take any security for discharge of any such call, liability, debt or claim and give a complete discharge in respect thereof;\n(h) to determine, from time to time, after giving an opportunity to answer the claim, the contribution to be made or remaining to be made by the member or past members or by the estate nominees, heirs or legal representatives of deceased members, or by any officer, past officer or the estate of nominees, heirs or legal representatives of a deceased officer to the assets of the society, such contribution being inclusive of debts due from such members or officers;\n(i) to issue requisitions under Section 102;\n(j) to get disputes referred to the Registrar for decision by himself or his nominee or board of nominees;\n(k) to determine by what persons and in what proportion the cost of the liquidation shall be borne;\n(l) to fix the time or times within which the creditors shall prove their debts and claim to be included for the benefit of any distribution made before these debts or claims are proved;\n(m) to summon and enforce the attendance of witnesses and compel the production of any books, accounts, documents, securities, cash or other properties belonging to or in custody of the society by the same means and in the same manner as is provided in the case of a civil Court under the Code of Civil Procedure, 1908 (V of 1908);\n(n) to do all acts, and to execute in the name and on behalf of the society, all deeds, receipts and other documents, as may be necessary to such winding up;\n(o) to take such action as may be necessary under Section 19, with the prior approval of the Registrar, if there is reason to believe that the society can be re-constructed.", "footnote": "", "is_definition": false, "sort_order": 108 }, { "number": "110", "title": "110. Effect of order of winding up.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 109 }, { "number": "111", "title": "111. Bar of suit in winding up and dissolution matters.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 110 }, { "number": "112", "title": "112. Audit of Liquidator's accounts.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 111 }, { "number": "113", "title": "113. Termination of liquidation proceedings.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 112 }, { "number": "114", "title": "114. Disposal of surplus assets.", "chapter": null, "content": "(a) an object of public utility and of local interest as may be recommended by the members in general meeting held under the preceding section;\n(b) a federal society with similar objects to which the cancelled society was eligible for affiliation or, where no federal society exists, the Territory level federal society which may be notified in this behalf by the State Government; and\n(c) any charitable purpose as defined in Section 2 of the Charitable Endowments Act, 1890 (VI of 1890).", "footnote": "", "is_definition": false, "sort_order": 113 }, { "number": "115", "title": "115. Order for winding up of insured Co-operative Bank, etc. not to be made without sanction of Reserve Bank of India.", "chapter": null, "content": "(i) an order for the winding up, or an order sanctioning a scheme of compromise or arrangement or amalgamation or reconstruction of an insured co-operative bank cannot be made save with the previous sanction in writing of the Reserve Bank of India;\n(ii) an order for the winding up of an insured Co-operative Bank shall be made if so required by the Reserve Bank of India in the circumstances referred to in Section 13-D of the Deposit Insurance Corporation Act, 1961 (XLVII of 1961);\n(iii) if so required by the Reserve Bank of India in the public interest or for preventing the affairs of an insured co-operative bank from being conducted in a manner detrimental to the interests of the depositors, or for securing the proper management of such bank, an order shall be made for the supersession of the managing body by whatever name called of such bank, and for the appointment of an administrator for five years in the aggregate, as may from time to time, be specified by the Reserve Bank of India;\n(iv) an order for winding up of an insured co-operative bank or an order sanctioning a scheme of compromise or arrangement or of amalgamation or reconstruction or an order for the supersession of the managing body, by whatever name called, of such bank and appointment of an administrator therefor, made with the previous sanction in writing or on requisition of the Reserve Bank of India shall not be liable to be called in question in any manner; and\n(v) the liquidator or the insured co-operative bank or the transferee bank, as the case may be, shall be under an obligation to repay the Deposit Insurance Corporation established under Section 3 (1) of the Deposit Insurance Corporation Act, 1961 in the circumstances to the extent and in the manner referred to in Section 21 of the Deposit Insurance Corporation Act, 1961 (XLVII of 1961).\nChapter XI\nOffences and Penalties", "footnote": "", "is_definition": false, "sort_order": 114 }, { "number": "116", "title": "116. Prohibition of use of the word \"co-operative\".", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 115 }, { "number": "117", "title": "117. Offences.", "chapter": null, "content": "(a) any member of a society transfers any property or interest in property in contravention of sub-section (2) of Section 48 or any person knowingly acquires, or abets in the acquisition of, such property; or\n(b) any employer and every director, manager, secretary or other officer or agent acting on behalf of such employer, who without sufficient cause, fails to comply with sub-section (2) of Section 50; or\n(c) a committee of a society or an officer or member thereof fails to invest funds of such society in the manner required by Section 71; or\n(d) any person, collecting the shares money for a society in formation, does not within a reasonable period deposit the same in the Apex Bank, or an Urban Co-operative Bank, or Postal Savings Bank; or\n(e) 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; or\n(f) a committee of a society, or an officer or member thereof, fails to comply with the provisions of sub-section (2), (3) or (4) of Section 76; or\n(g) 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, and records, or give assistance to a person appointed or authorised by the State Government or the Registrar under Sections 79, 82, 84, 86 or 98 or 107; or\n(h) 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 Section 79 or 107; or\n(i) a committee of a society with a working capital of fifty thousand rupees or more, or any officer or a member thereof, fails without any reasonable excuse to give any notice, send any return or document, do or allow to be done, anything which the committee, officer or member is by this Act required to give, send, do or allow to be done or comply with orders made under Section 80; or\n(j) 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 purpose of this Act, by the Registrar, or any other person duly authorised by him in writing in this behalf; or\n(k) a committee of a society or an officer or member thereof wilfully makes a false return or furnishes false information or fails to maintain proper accounts; or\n(l) any member, officer, agent or servant of a society fails to comply with the requirements of sub-section (4) of Section 82; or\n(m) any officer or a member of a society wilfully fails to comply with any decision, award or order passed under Section 97 ; or\n(n) 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; or\n(o) any officer of a society wilfully recommends or sanctions for his own personal use or benefit or for the use or benefit of a person in whom he is interested a loan in the name of any other person; or\n(p) any officer or member of a society destroys, mutilates, tampers with, or otherwise alters, falsifies or secrets 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, books of account or document belonging to the society; or\n(q) any officer or member of a society or any person does any act declared by the rules to be an offence.", "footnote": "", "is_definition": false, "sort_order": 116 }, { "number": "117", "title": "118. Punishments for offences under Section 117.", "chapter": null, "content": "(a) if it is an offence under Clause (a) of that section, with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both;\n(b) if it is an offence under Clause (b) of that section, with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;\n(c) if it is an offence under Clause (c) of that section, with fine which may extend to five hundred rupees;\n(d) if it is an offence under Clause (d) of that section, with fine which may extend to five hundred rupees;\n(e) if it is an offence 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 hundred rupees, or with both;\n(f) if it is an offence under Clause (f) of that section, with fine which may extend to two hundred and fifty rupees;\n(g) if it is an offence under Clause (g) of that section, with fine which may extend to five hundred rupees;\n(h) if it is an offence under Clause (h) of that section, with fine which may extend to five hundred rupees;\n(i) if it is an offence under Clause (i) of that section, with fine which may extend to five hundred rupees;\n(j) if it is an offence under Clause (j) of that section, with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;\n(k) if it is an offence under Clause (k) of that section, with imprisonment for a term which may extend to one month, or with fine which may extend to two thousand rupees, or with both;\n(l) if it is an offence under Clause (l) of that section, with fine which may extend to one hundred rupees;\n(m) if it is an offence under Clause (m) of that section, with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both;\n(n) if it is an offence under Clause (n) of that section, with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both;\n(o) if it is an offence under Clause (o) of that section, with imprisonment for a term which may extend to three years, or with fine or with both;\n(p) if it is an offence under Clause (p) of that section, with imprisonment for a term which may extend to three years or with fine or with both;\n(q) if it is an offence under Clause (q) of that section, with fine which may extend to two hundred and fifty rupees.", "footnote": "", "is_definition": false, "sort_order": 117 }, { "number": "119", "title": "119. Cognisance of offences.", "chapter": null, "content": "Chapter XII\nAppeal, Review and Revision", "footnote": "", "is_definition": false, "sort_order": 118 }, { "number": "120", "title": "120. Appeals.", "chapter": null, "content": "(a) if made or sanctioned or approved by the Registrar or the Additional or Joint Registrar or whom powers of the Registrar are conferred-to the Government;\n(b) if made or sanctioned by any person other than the Registrar, or the Additional or Joint Registrar on whom the powers of the Registrar are conferred-to the Registrar.", "footnote": "", "is_definition": false, "sort_order": 119 }, { "number": "121", "title": "121. Extension of period of limitation by appellate authority in certain cases.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 120 }, { "number": "122", "title": "122. Power of Government and Registrar to call for proceedings of subordinate officers and to pass order.", "chapter": null, "content": "Chapter XIII\nMiscellaneous", "footnote": "", "is_definition": false, "sort_order": 121 }, { "number": "123", "title": "123. Recovery of sums due to Government.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 122 }, { "number": "124", "title": "124. Registrar's powers to recover certain sums by attachment and sale of property.", "chapter": null, "content": "(a) any amount due under a decree or order of civil Court obtained by a society;\n(b) any amount due under a decision, award or order of the Registrar, arbitrator or Liquidator;\n(c) any sum awarded by way of costs under this Act;\n(d) any sum ordered to be paid under this Act as a contribution to the assets of the society;", "footnote": "", "is_definition": false, "sort_order": 123 }, { "number": "125", "title": "125. Power to exempt societies from provisions of the Act.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 124 }, { "number": "126", "title": "126. Delegation of powers of Registrar to federal authorities.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 125 }, { "number": "127", "title": "127. Branches etc. of societies outside the State.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 126 }, { "number": "128", "title": "128. Handing over records and property to new Chairman on election.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 127 }, { "number": "129", "title": "129. Registrar and other officers to be public servants.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 128 }, { "number": "130", "title": "130. Indemnity for acts done in good faith.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 129 }, { "number": "131", "title": "131. Bar of jurisdiction of Courts.", "chapter": null, "content": "(a) the registration of 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 or dissolution thereof; or\n(b) any dispute required to be referred to the Registrar or his nominee, or board of nominees, for decision; or\n(c) any matter concerned with the winding up and dissolution of a society.", "footnote": "", "is_definition": false, "sort_order": 130 }, { "number": "132", "title": "132. Notice necessary in suits.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 131 }, { "number": "133", "title": "133. Rules.", "chapter": null, "content": "(i) subject to the provisions of Section 3, prescribe the delegation of powers vested in the Registrar to persons appointed to assist the Registrar;\n(ii) prescribe the forms to be used and the conditions to be complied with in the making of applications for the registration of society under Section 8 and the procedure in the matter of such application;\n(iii) prescribe the matters in respect of which a society may make or the Registrar may direct a society to make bye-laws and the procedure to be followed in making, altering and abrogating bye-laws and the conditions to be satisfied prior to such making alteration or abrogation;\n(iv) prescribe the forms of and procedure for an application under Section 19 and the procedure for reconstruction of a society under that section;\n(v) prescribe the conditions to be complied with by a person applying for admission or admitted as a member and provide for the election and admission of members and the payment to be made and the interests to be acquired before the exercise of the right of membership;\n(vi) prescribe in the case of a federal society or class of federal societies the proportion of individual members to society members in such society or class of societies and the proportion of individual members to society members in the committee of such society or class of societies;\n(vii) subject to the provisions of Section 28, prescribe the maximum number of shares or portion of the capital of a society which may be held by a member;\n(viii) prescribe the procedure for the admission of joint members, members of a joint or undivided Hindu family, and minors and persons of unsound mind inheriting the share or interest of deceased members and provide for their rights and liabilities;\n(ix) provide for the withdrawal, removal or expulsion of members and for the payments to them and for the liabilities of past members and the estate of deceased members;\n(x) prescribe the conditions and procedures for the transfer of shares or interest;\n(xi) provide for the nomination of a person to whom the share or the interest of a deceased member may be paid or transferred;\n(xii) provide for ascertaining the value of a share or interest of a past member or deceased member;\n(xiii) prescribe the payments to be made and the conditions to be complied with by members applying for loans, the period for which loans may be made, and the amount which may be lent to an individual member;\n(xiv) provide for the inspection of documents in the Registrar's office and the levy of fee for granting certified copies of the same;\n(xv) provide for the procedure for registering the address of a society and the change of its address;\n(xvi) provide for the formation and maintenance of a register of members, and where the liability of members is limited by shares, of a register of shares and a list of members;\n(xvii) provide for securing that the share capital of any society shall be variable in such a way as may be necessary to secure that the share shall not appreciate in value and that necessary capital be available for the society as required;\n(xviii) provide for the procedure to be adopted by a society with limited liability in order to reduce its share capital;\n(xix) prescribe the period for, and terms upon which Government aid may be given to societies and terms under which Government may subscribe to the share capital of and guarantee the payment of the principal of and interest on debentures issued by societies;\n(xx) regulate the manner in which funds may be raised by a society or class of societies by means of shares of debentures or otherwise, and the quantum of funds so raised;\n(xxi) prescribe the limits for loans to be granted by a society or class of societies against different classes of securities or without security and the procedure for granting loans;\n(xxii) prescribe the manner of recalling a loan;\n(xxiii) prescribe the limits for granting credit by a non-credit society or a class of non-credit societies;\n(xxiv) prescribe the prohibitions and restrictions subject to which societies may trade or transact business with persons who are not members;\n(xxv) prescribe the conditions on which may charge in favour of a society shall be satisfied and the extent to which and the order in which the property to the charge shall be used in its satisfaction;\n(xxvi) provide for giving reasonable notice of the charge under Section 49;\n(xxvii) prescribe the procedure by which a society shall calculate and write-off bad debts;\n(xviii) prescribe the sums which in addition to those referred to in Section 66 (1) shall be deducted from profits before arriving at the profit for the purpose of Section 66 (2);\n(xxix) provide for the formation and maintenance of reserve fund and the objects to which such fund may be applied and for the investment and use of any fund including reserve fund under the control of a society;\n(xxx) prescribe the conditions under which profits may be distributed as dividend and bonus among the members and non-members of a society;\n(xxxi) prescribe the rate at which a society shall contribute towards the educational fund of the Territory level federal society under Section 69;\n(xxxii) define the co-operative purpose for which a society shall, under Section 70, utilise its fund;\n(xxxiii) prescribe the mode of investment of funds of a society under Section 71 and the proportion of investment in any security or class of securities;\n(xxxiv) provide for the payment of contribution to any provident fund which may be established by a society for the benefit of officers and servants employed by it and for the administration of such provident fund;\n(xxxv) prescribe the procedure and conditions for the exercise by a federal society of the powers conferred by this Act;\n(xxxvi) provide for general meetings of the members, for the procedure at such meetings and the powers to be exercised by such meetings;\n(xxxvii) prescribe the conditions on which a member of a society may be disqualified from voting;\n(xxxviii) provide for the appointment, suspension and removal of the members of the committee and other officers and for the appointment of administrator under Section 79 and prescribe procedure for meeting of the committee and for the powers to be exercised and the duties to be performed by the committee, administrator and other officers;\n(xxxix) prescribe the qualifications for members of the committee and employees of a society or class of societies and the conditions of service subject to which persons may be employed by societies;\n(xl) prescribe the returns to be submitted by a society to the Registrar and provide for the persons by whom and the form in which such returns shall be submitted;\n(xii) provide for the persons by whom and the form in which copies of documents and entries in books of societies may be certified and the charges to be levied for the supply of copies thereof;\n(xiii) provide for the procedure to be adopted by the Registrar in the cases where the taking of possession of books, documents, securities, cash and other properties of a society, or of a society the affairs of which have been ordered to be wound up by the Registrar or by a person entitled to the same, is resisted or obstructed;\n(xliii) provide for the procedure to be adopted for taking possession of books, documents, securities, cash and other property of a society by a person acting under Sections 82, 84 and 86 in cases where misappropriation of funds, breach of trust or fraud has been committed or where it is suspected or apprehended that the books, documents, securities, cash and other properties are likely to be tampered with or destroyed or removed;\n(xliv) prescribe the accounts and books to be kept by a society or class of societies;\n(xlv) prescribe the procedure for conducting an audit, the matters on which the auditor shall submit a report, the form in which the statement of accounts shall be prepared for his audit, the limits within which the auditor may examine the monetary transactions of a society, the form of audit, memorandum and report and the charges, if any, to be paid by a society for audit;\n(xlvi) prescribe the procedure for appointment of auditors under Section 82;\n(xlvii) prescribe the form for the rectification of defects discovered in the course of audit, inspection or inquiry;\n(xlviii) prescribe the procedure and principles for the conduct of enquiry under Section 84 and inspection under Section 86;\n(xlix) prescribe the procedure for apportioning the cost of inquiry and inspection and for assessing damages against delinquent promoters under Section 90 and for recovery of cost and damages;\n(l) prescribe the manner in which appointment shall be made and control exercised by, and the number of persons comprising, and functions to be performed by the authority constituted under Section 92, the manner of election and nomination of such persons, the fees to be paid to such authority and the manner of such payment and the procedure for and the method of calculating any cost, charges or expenses required to be levied under this Act or the rules;\n(li) provide for appointment of the Registrar's nominee or board of nominees, procedure to be followed in proceedings before the Registrar or his nominee or board of nominees and for fixing and levying the expenses for determining the dispute and for enforcing the decision or awards in such proceedings;\n(lii) prescribe the form in which a dispute shall be referred to the Registrar;\n(liii) provide for the issue and service of processes and for proving of service thereof;\n(liv) provide for the investigation of claims and objections that may be preferred against any attachments effected by the Registrar;\n(lv) prescribe the procedure for and the method of recovery of any sum due under this Act or the rules;\n(lvi) prescribe the procedure to be followed for the custody of property attached under Section 99;\n(lvii) prescribe the procedure to be followed in the execution of awards;\n(lviii) prescribe the manner in which any property shall be delivered to, and the terms and conditions subject to which such property shall be held by, a society under Section 104;\n(lix) prescribe the procedure for attachment and sale of property for the realisation of any security given by a person in the course of execution proceedings;\n(lx) prescribe the procedure and conditions for the exercise of the powers conferred under Section 109 and the procedure to be followed by a Liquidator and provide for the disposal of surplus assets;\n(lxi) prescribe the matters in which an appeal shall lie from the order of Liquidator appointed under Section 107;\n(lxii) prescribe the procedure to be followed in presenting and disposing of appeals;\n(lxiii) prescribe, in the case of appeals lying to the Government, the authority to which power of hearing appeals may be delegated;\n(lxiv) prescribe the method of communicating or publishing order, decision or award required to be communicated or published under this Act or the rules;\n(lxv) provide that the contravention of any of the rules shall be an offence under this Act;\n(lxvi) provide for all other matters expressly required or allowed by this Act to be prescribed by rules;\n(lxvii) prescribe the procedure to be followed and conditions to be observed for change of name or liability', amalgamation, transfer, division, conversion or reconstruction of society.", "footnote": "", "is_definition": false, "sort_order": 132 }, { "number": "134", "title": "134. Companies Act not to apply.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 133 }, { "number": "135", "title": "135. Repeal and savings.", "chapter": null, "content": "(a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or\n(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or\n(c) any penalty forfeiture or punishment incurred in respect of any offence committed against the Act so repealed; or\n(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment, may be imposed as if that Act had been repealed.\nChapter XIV\nInsured Co-operative Banks\n135A.\n(i) an order for winding up or an order sanctioning a scheme of compromise or arrangement of amalgamation or reconstruction (including division or re-organisation) of the bank may be made only with the previous sanction in writing of the Reserve Bank of India;\n(ii) an order for the winding up of the Bank shall be made by the Registrar if so required by the Reserve Bank of India in the circumstances referred to in Section 130D of the Deposit Insurance Corporation Act, 1961;\n(iii) if so required by the Reserve Bank of India in the public interest or for preventing the affairs of the bank being conducted in a manner detrimental to the interests of the depositors or for securing the proper management of the bank) an order shall be made for the supersession (removal) of the committee of management or other managing body (by whatever name called) of the bank and the appointment of an administrator therefore for such period or periods, not exceeding five years in the aggregate, as may from time to time be specified by the Reserve Bank of India, and the administrator so appointed shall, after the expiry of his term of office, continue in office until the day immediately preceding the date of the first meeting of the new committee;\n(iv) no appeal, revision or review shall lie or be permissible against an order such as is referred to in clause (i), (ii), or (iii) made with the previous sanction in writing or on the requisition of the Reserve Bank of India and such order or sanction shall not be liable to be called in question in any manner;\n(v) the liquidator or the incurred Co-operative bank or transferee bank, as the case may be, shall be under an obligation to repay the Deposit Insurance Corporation established under the Deposit Insurance Corporation Act, 1961 in the circumstances, to the extent and in the manner referred to in Section 21 of that Act.\n(ii) 'Insured co-operative bank' means a society which is an insured bank under the provisions of the Deposit Insurance Corporation Act, 1961.\n(iii) 'Transferee bank' in relation to an insured Co-operative bank means a co-operative bank;\n(a) with which such insured co-operative bank is amalgamated, or\n(b) to which the assets and liabilities of such insured Co-operative bank are transferred or\n(c) into which such insured co-operative bank is divided or converted under the provisions of Section 18(i).", "footnote": "", "is_definition": false, "sort_order": 134 } ], "metadata": { "Act ID": "Last Updated 8th February, 2020 [aru068]", "Act Number": "(Act No. 3 of 1978)", "Enactment Date": "", "Act Year": "1978", "Short Title": "Arunachal Pradesh Co-operative Societies Act, 1978", "Type": "STATE", "Location": "Arunachal Pradesh" }, "updated_at": "2026-09-29 21:55:18" }