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The Goa Co-operative Societies Act, 2001
The Goa Co-operative Societies Act, 2001
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 23. Co-operative principles and bye-laws.
Section 34. Registrar and his subordinates.
Section 45. Societies which may be registered.
Section 56. Conditions of registration.
Section 67. Application for registration.
Section 78. Registration.
Section 89. Evidence of registration.
Section 910. Classification of Societies.
Section 1011. Amendment of bye-laws of society.
Section 1112. Power to direct amendment of bye-laws.
Section 1213. Change of name.
Section 1314. Change of liability.
Section 1415. Amalgamation, transfer, division or conversion of societies.
Section 1516. Re-construction of societies.
Section 1617. Partnership of societies and subsidiary.
Section 1718. Collaboration by societies.
Section 1819. Cancellation of registration.
Section 1920. De-registration of Societies.
Section 2021. Person who may become member.
Section 2122. Open membership.
Section 2223. Joint member.
Section 2324. Cessation of membership.
Section 2425. Removal of member.
Section 2526. Expulsion of member.
Section 2627. Rights of membership.
Section 2728. Voting powers of members.
Section 2829. Restrictions on transfer or charge on share or interest.
Section 2930. Transmission of interest on death of member.
Section 3031. Share or interest not liable to attachment.
Section 3132. Rights of members to see books, etc.
Section 3233. Liability of past member and estate of deceased member.
Section 3334. Insolvency of members.
Section 3435. Societies to be bodies corporate.
Section 3536. Address of societies.
Section 3637. Register of members.
Section 3738. Copy of Bye-laws etc. to be open to inspection.
Section 3839. Admissibility of copy of entry as evidence.
Section 3940. Power to exempt from taxation.
Section 4041. Restrictions on borrowings.
Section 4142. Regulation of loan making policy.
Section 4243. Charge and set off in respect of share or interest of member.
Section 4344. Prior claim of society.
Section 4445. Deduction from salary to meet society's claim in certain cases.
Section 4546. Government investment in societies.
Section 4647. Liability to be limited in respect of Government shares.
Section 4748. Other forms of State aid to societies.
Section 4849. Provisions of this Chapter to override other laws.
Section 4950. Mobilisation of funds.
Section 5051. Restrictions on borrowings.
Section 5152. Disposal of net surplus.
Section 5253. Liability for deficit.
Section 5354. Reserve and other funds.
Section 5455. Investment of funds outside the business.
Section 5556. Employees provident fund.
Section 5657. Funds not to be utilized for certain proceedings filed or taken by or against officer in personal capacity.
Section 5758. General body.
Section 5859. Board of directors.
Section 5960. Disqualification for being director.
Section 6061. Disqualification of all directors of the board.
Section 6162. Powers and functions of the board of directors.
Section 6263. Chief Executive.
Section 6364. Powers and functions of Chief Executive.
Section 6465. Society's nominee on other society not eligible to be office bearer except in a federal society.
Section 6566. Election to board of directors of societies.
Section 6667. Vacancies on the Board of Directors.
Section 6768. Government's power to give directions in the interest of Co-operative movement.
Section 6869. Representative general body.
Section 6970. Qualifications of Chief Executive Officers or any other officers.
Section 7071. Removal of directors and appointment of Administrator.
Section 7172. Meetings and minutes.
Section 7273. Accounts and records.
Section 7374. Audit.
Section 7475. Powers and duties of the auditor.
Section 7576. Special audit.
Section 7677. Inquiry.
Section 7778. Powers to summon and examine persons and documents.
Section 7879. Action on special audit or inquiry report.
Section 7980. Audit rectification report.
Section 8081. Filing of returns.
Section 8182. Power of the [Registrar] to order recovery of losses.
Section 8283. Dispute.
Section 8384. Powers of an apex co-operative bank to proceed against members of a society for recovery of moneys due to it from such society.
Section 8485. Limitation.
Section 8586. Settlement of disputes.
Section 8687. Procedure for settlement of disputes and power of Registrar, his nominee or board of nominees.
Section 8788. Attachment before award and interlocutory orders.
Section 8889. Decision of Registrar or his nominee or board of nominees.
Section 8990. Appeal against decision of Registrar or his nominee or board of nominees.
Section 9091. Money how recovered.
Section 9191A. Private transfer of property made after issue of Certificate void against society.
Section 91A91B. Transfer of property which cannot be sold.
Section 91B91C. Recovery of any sum advanced by a resource society.
Section 91C91D. Registrar's powers to recover certain sums by attachment and sale of property.
Section 91D92. Winding up.
Section 9292B. Reimbursement to the Deposit Insurance and Credit Guarantee Corporation by liquidator.
Section 92B93. Appointment of Liquidator.
Section 9394. Appeal against order of winding up.
Section 9495. Powers of Liquidator.
Section 9596. Effect of order of winding up.
Section 9697. Bar of suit in winding up and dissolution matters.
Section 9798. Audit of Liquidator's accounts.
Section 9899. Termination of liquidation proceedings.
Section 99100. Disposal of surplus assets.
Section 100101. Application.
Section 101102. Definitions.
Section 102103. Limit on membership.
Section 103104. Allotment of plots, dwelling units and commercial units.
Section 104105. Rights of a member in a co-ownership housing society.
Section 105106. Provisions for nomination.
Section 106107. Restriction on letting out.
Section 107108. Restriction on transfer of share or interest of a member.
Section 108109. Permission for transfer of occupancy right not to be ordinarily refused and provision for appeal.
Section 109110. Creation, maintenance and utilisation of building maintenance fund.
Section 110111. Miscellaneous.
Section 111112. Unit of assessment.
Section 112113. Certain portion of land acquired by' the Government for housing to be utilised on co-operative principles.
Section 113114. Goa Co-operative Tribunal.
Section 114115. Review of orders by the Co-operative Tribunal.
Section 115116. Co-operative Tribunal to have powers of civil court.
Section 116117. Extension of period of limitation by Co-operative Tribunal in certain cases.
Section 117118. Offences.
Section 118119. Penalties.
Section 119120. Authority to take cognizance.
Section 120121. Contempt of [* * *] of Co-operative Tribunal.
Section 121122. Recovery of sums due to Government.
Section 122123. Branches, etc. of societies outside the State.
Section 123124. Registrar and other officers to be public servants.
Section 124125. Indemnity for acts done in good faith.
Section 125126. Bar of jurisdiction of Courts.
Section 126127. Rules.
Section 127128. Repeal, saving and construction.
Section 128129. Companies Act not to apply.
Section 129
goa-co-operative-societies-act-2001.json
•
134 Sections
•
Goa
{
"id": 16280,
"slug": "goa-co-operative-societies-act-2001",
"title": "The Goa Co-operative Societies Act, 2001",
"short_title": "The Goa Co-operative Societies Act, 2001",
"act_number": "(Goa Act 36 of 2001)",
"act_year": 2001,
"act_type": "STATE",
"location": "Goa",
"law_status": "unknown",
"enactment_date": null,
"description": "The Goa Co-operative Societies Act, 2001",
"preamble": "",
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"sections": [
{
"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
"content": "",
"footnote": "",
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{
"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-fourths of the members of which are agriculturists, or societies formed by agriculturists;\n(2) 'agricultural service co-operative society' means an agricultural co-operative society, the primary object of which is to render assistance, financial or otherwise, to farmers, rural artisans and agricultural labourers;\n[(2a) 'apex co-operative bank' means a federal co-operative bank having jurisdiction over the whole of the State of Goa and recognized as such by the State Government for the purpose;]\n(3) 'apex society' means a society, the area of operation of which extends to the whole of the State of Goa, and the main object of which is to promote the principal objects of the societies affiliated to it as members and provide for the facilities and services to them and which has been classified as an apex society by the Registrar;\n(4) 'area of operation' means the area from which the membership is drawn or specified in the bye-laws;\n(5) 'auditor' means a person appointed by the Registrar or by a society, to audit the accounts of the society;\n(6) 'board of directors' means the governing body or the committee of management of a society, by whatever name called, in which the management of the affairs of a society is vested;\n(7) 'bye-laws' means bye-laws prescribed under the Rules and registered under this Act and include registered amendments of such bye-laws;\n(8) 'central bank' means a co-operative bank, the object of which includes the creation of funds to be loaned to other societies but does not include the urban co-operative bank;\n(9) 'chief executive' with whatever designation called, means an individual, who, subject to the superintendence, control and direction of the board of directors, has been entrusted by the board, with the management of the affairs of the society;\n(10) 'co-operative farming society' means a co-operative society the principal object of which is to organise cultivation of lands held by it or by its members, jointly or otherwise, with a view to increasing agricultural production and employment by proper utilisation of land, labour and other resources;\n(11) 'consumers co-operative society' means a co-operative society the primary object of which is the procurement and distribution of goods to, or the performance of other services for its members as also other customers;\n(12) 'co-operative tribunal' means the Goa Co-operative Tribunal constituted under section 114 of this Act;\n(13) 'co-operative housing society' means a society as defined in section 102 of this Act;\n(14) 'co-operative bank' means a society registered under this Act and doing the business of banking as defined in clause (b) of section 5 of the Banking Regulation Act, 1949 (Central Act X of 1949);\n(15) 'co-operative credit society' means a co-operative society the primary object of which is to create funds for lending money to its members;\n(16) 'co-operative authority' means the authority constituted under section 84 of this Act to decide disputes referred to it under any of the provisions of this Act;\n(17) 'co-operative year' means a year or period ending on the thirty-first day of March;\n(18) 'director' means a member of the board of directors;\n(19) 'dividend' means the amount paid, out of the profits of a society, to a member in proportion to the shares held by him;\n(20) '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 meetings of such society;\n(21) 'general body' in relation to a primary society, means all the members of the primary society and in relation to a federal society and apex society, means all the delegates of the member societies and includes a representative general body constituted under section 69 of this Act;\n(22) 'general meeting' means a meeting of the general body of a society;\n[(22a) 'general society' means a society not falling in any of the class of societies as defined in section 2 of the Act;] ;\n(23) 'Government' means the Government of Goa;\n(24) 'industrial co-operative society' means a co-operative society, the object of which includes manufacture, processing and marketing of goods by or with the help of its members and providing supplies and services to them;\n(25) 'joint member' means a member who holds jointly a share of a society with another but whose name does not stand first in the share certificate;\n(26) 'lift irrigation society' means a society, the object of which is to provide water supply by motive power or otherwise to its members for agriculture, horticulture and other purposes;\n(27) 'Liquidator' means a person appointed as liquidator under section 93 of the Act;\n(28) 'member' means an individual or entities mentioned in section 21 joining in the application for the registration of a co-operative society which is subsequently registered, or duly admitted to membership of a society after registration and includes a joint member;\n(29) 'multi State society' means a co-operative society which is registered or deemed to be registered under the [Multi State Co-operative Societies Act, 2002 (Central Act 39 of 2002)]\n(30) 'mutually aided society' means a society which does not have any share capital, loans or any financial assistance from the State or the Central Government except with a Memorandum of Understanding with the Government;\n[(30A) 'nominal member' means a person admitted to membership as such after registration in accordance with the bye-laws.]\n(31) 'officer' means a person elected or appointed to any office of a society according to its bye-laws; and includes a chairman, vice-chairman, president, vice-president, secretary, treasurer, member of the board of directors, managing director, chief executive, manager and any other person elected or appointed under this Act, the rules or the bye-laws, to give directions in regard to the business of such society;\n(32) 'Official assignee' means a person appointed by the Registrar to act as an Official assignee under section 20 of the Act;\n(33) 'Official Gazette' means the Official Gazette of the Government;\n(34) 'patronage refund' means annual refund to members in proportion to their transactions with the society during the year;\n(35) 'prescribed' means prescribed by rules;\n(36) 'primary society' means a society whose membership is available only to individuals;\n(37) 'processing society' means a society the object of which is the processing of goods;\n(38) 'producers 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(39) 'resource society' means a society, the object of which is the obtaining for its members of credit, goods or services required by them;\n(40) 'Registrar' means a person appointed under section 4 of this Act and includes any other person on whom all or any of the powers of the Registrar under this Act are conferred;\n(41) 'rules' means rules made under this Act;\n(42) 'State' means the State of Goa.\n(43) 'society' means a co-operative society registered or deemed to be registered under this Act;\n(44) 'society with limited liability' means a society having the liability of its members limited by its bye-laws;\n(45) 'state aided society' means a society which is not a mutually aided society;\n(46) 'surplus' means the net excess of income over the expenditure;\n(47) 'year' means a Co-operative year as defined in this Act;",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. Co-operative principles and bye-laws.",
"chapter": null,
"content": "(a) Membership of a co-operative society shall be voluntary and available without restriction of any social, political, racial or religious discrimination, to all persons who can make use of its services and are willing to accept the responsibilities of membership;\n(b) Co-operative societies are democratic organisations.\n(c) Share capital shall receive a limited rate of dividend, if any;\n(d) The economic results, arising out of the operations of a co-operative society, belong to the members of that co-operative Society and shall be distributed in such a manner as would avoid one member gaining at the expense of others, which shall be achieved,-\n(i) by provision for development of the business of the co-operative society;\n(ii) by provision of common services; or\n(iii) by distribution among the members in proportion to their transactions with the co-operative society;\n(e) all co-operative societies shall make provision for the education of their members, office-bearers and employees and of the general public, in the principles and techniques of co-operation, both economic and democratic;\n(f) all co-operative societies, in order to best serve the interest of their members and their communities, shall actively co-operate in every practical way with other co-operatives at local, national and international levels having as their aim the achievement of unity of action by co-operators throughout the world.\nChapter-II\nRegistration",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Registrar and his subordinates.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Societies which may be registered.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Conditions of registration.",
"chapter": null,
"content": "Explanation.",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. 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 a co-operative housing society, by at least five such persons:\n(c) in the case of lift irrigation society, by at least five such persons; and\n(d) in the case of a federal society, by at least five societies.",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Registration.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Evidence of registration.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Classification of Societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Amendment of bye-laws of society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Power to direct amendment of bye-laws.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Change of name.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. 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": 13
},
{
"number": "15",
"title": "15. 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 given 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 section 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 creditor 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.\n(a) amalgamate with another society;\n(b) transfer it's assets and liabilities, in whole or in part, to any other society;\n(c) divide itself into two or more societies; or\n(d) convert itself into another class of society.",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Re-construction 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 re-construction of the society in the prescribed manner.",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Partnership of societies and subsidiary.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Collaboration by societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Cancellation of registration.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. De-registration of Societies.",
"chapter": null,
"content": "Explanation:\n[20A. Liability of a co-operative bank to the Deposit Insurance and Credit Guarantee Corporation.\nChapter -III\nMembers and their Right and Liabilities",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Person who may become member.",
"chapter": null,
"content": "(a) an individual, who is a citizen of India and who is competent to contract under the Contract Act, 1872 (9 of 1872);\n(b) a firm, 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 or any other Co-operative Societies Act;\n(d) a public trust registered under any law for the time being in force for the registration of such trusts.\n[(e) Any Self Help Group formed by women for mutual assistance or with an objective to avail any type of assistance from the Government or any organization for their social, economic, cultural and educational improvement.]",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Open membership.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "23",
"title": "23. Joint member.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "24",
"title": "24. Cessation of membership.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "25",
"title": "25. Removal of member.",
"chapter": null,
"content": "(1) he carries on business which is in conflict and in competition with the business of the society as specified in the bye-laws of the society;\n(2) he has not used for [five] consecutive years the service of a society to a minimum level as specified in the bye-laws;\n(3) he has not attended [five] consecutive annual general meetings of the society;\n(4) he is in default regarding any payment to be made to the society exceeding an amount and for the period as specified in the bye-laws:",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "26",
"title": "26. Expulsion of member.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "27",
"title": "27. Rights of membership.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "28",
"title": "28. Voting powers of members.",
"chapter": null,
"content": "[28A. Restrictions on holding of shares.",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "29",
"title": "29. Restrictions on transfer or charge on share 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.\nExplanation.",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "30",
"title": "30. Transmission of interest on death of 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 cease after 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": "Chapter-IV\nIncorporation, Duties and Privileges of Societies",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "35",
"title": "35. Societies to be bodies corporate.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "36",
"title": "36. Address of societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "37",
"title": "37. 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;\n(e) such other particulars as may be prescribed:",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "38",
"title": "38. Copy of Bye-laws etc. to be open to inspection.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "39",
"title": "39. Admissibility of copy of entry as evidence.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "40",
"title": "40. 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 nominee 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 other portion thereof) payable by or on behalf of a society under any law for the time being in force, which the Government is competent to levy.",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "41",
"title": "41. Restrictions on borrowings.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "42",
"title": "42. Regulation of loan making policy.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "43",
"title": "43. Charge and set off in respect of share or interest of member.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "44",
"title": "44. Prior claim of society.",
"chapter": null,
"content": "(a) any debt or outstanding demand, owing 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 of 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.\nExplanation:\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": 43
},
{
"number": "45",
"title": "45. 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": 44
},
{
"number": "46",
"title": "46. Government investment in societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "47",
"title": "47. Liability to be limited in respect of Government shares.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "48",
"title": "48. Other forms of State aid to societies.",
"chapter": null,
"content": "(a) give loans to a society;\n(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 capital of a society to its members, or the payment of dividends thereon at such rates as may be specified by the 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 advances given by the Reserve Bank of India, or any Bank or any other financial institution constituted under any law for the time being in force; or\n(e) provide financial assistance, in any other form, including subsidies, to a society.",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "49",
"title": "49. Provisions of this Chapter to override other laws.",
"chapter": null,
"content": "Chapter-VI\nProperty and Funds of Societies",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "50",
"title": "50. Mobilisation of funds.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 49
},
{
"number": "51",
"title": "51. Restrictions on borrowings.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "52",
"title": "52. Disposal of net surplus.",
"chapter": null,
"content": "(a) At least 25% shall be transferred to statutory reserve fund;\n[(b) Not exceeding 20% shall be transferred to a deficit fund for meeting unforeseen deficits;]\n(c) Not less than 2% with a maximum limit of Rupees one lakh towards contribution to the Co-operative Education Fund which shall be transferred to the Goa Rajya Sahakari Sangh;\n(d) Upto 5% to be transferred to a common benefit fund or common welfare fund whose purpose is approved by the general body;\n(e) Upto 5% towards contribution for any purpose connected with the development of the co-operative movement;\n(f) Not exceeding 25% of paid up share capital towards payment of dividend to members;\n(g) The balance of surplus may be appropriated towards such other funds and reserves as may be approved by the board and confirmed by the general body.",
"footnote": "",
"is_definition": false,
"sort_order": 51
},
{
"number": "53",
"title": "53. Liability for deficit.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 52
},
{
"number": "54",
"title": "54. Reserve and other funds.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 53
},
{
"number": "55",
"title": "55. Investment of funds outside the business.",
"chapter": null,
"content": "(a) in the local postal saving bank;\n(b) in any of the securities specified in section 20 of the Indian Trusts Act, 1882 (Central Act 2 of 1882);\n(c) in the shares, debentures, and deposits in the State Co-operative Bank .\n(d) in a co-operative or nationalised or scheduled bank;\n(e) in any federal society of which it is a member;\n(f) in deposits with Government companies.\n(g) in any other mode permitted by the rules or by general or special order of the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 54
},
{
"number": "56",
"title": "56. Employees provident fund.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 55
},
{
"number": "57",
"title": "57. Funds not to be utilized for certain proceedings filed or taken by or against officer in personal capacity.",
"chapter": null,
"content": "Chapter-VII\nManagement of Societies",
"footnote": "",
"is_definition": false,
"sort_order": 56
},
{
"number": "58",
"title": "58. General body.",
"chapter": null,
"content": "(a) amendments to bye-laws;\n(b) removal of directors;\n(c) consideration of-\n(i) annual audited financial statement of the society and its subsidiaries, if any;\n(ii) annual report of activities;\n(iii) auditors report and audit rectification report.\n(iv) annual operational plan and budget.\n(v) Approval of excess budgetary expenditure of the previous year;\n(vi) long term perspective plan and budget, if any;\n(vii) special audit report or inquiry report, if any;\n(d) appointment and removal of statutory auditors of mutually aided society;\n(e) appropriation of net surplus;\n(f) management of deficits;\n(g) fixation of remuneration and other facilities to be allowed to the chairman, any directors or member of any committee or internal auditor in connection with his duties in that capacity or his attendance at related meetings;\n(h) amalgamation, division re-constitution and partnership with any other society;\n(i) sale and disposal of business undertakings;\n(j) dissolution of society;\n(k) all other functions expected of the general body under the other provisions of this Act.\n[58A. Special general meeting.\n(i) at any time by the Chairman; or\n(ii) within one month from the date of submission of a requisition in writing to that effect by atleast one-tenth of the total number of members of the society or by atleast one-tenth of the total number of elected representatives or by such number of members as specified in the bye-laws for the purpose; or\n(iii) at the instance of the Registrar; or\n(iv) 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": 57
},
{
"number": "59",
"title": "59. Board of directors.",
"chapter": null,
"content": "(a) act honestly and in good faith and in the best interests of the society; and\n(b) exercise such due care, diligence and skill as a reasonably prudent person would exercise in similar circumstances.\n[59A. Motion of no confidence against officers of societies.",
"footnote": "",
"is_definition": false,
"sort_order": 58
},
{
"number": "60",
"title": "60. Disqualification for being director.",
"chapter": null,
"content": "(a) has at any time, lost the right to vote as a member as specified in the bye-laws;\n(b) loses the right to continue as member under the provisions of the Act, rules and bye-laws;\n(c) is a defaulter of any society;\nExplanation.\n(i) in the case of a resource society, a member who defaults the payment of the crop loan on the due date;\n(ii) in the case of a society which lends term loaning, a member who defaults the payment of any instalment of the loan granted to him;\n(iii) in the case of any society,-\n(a) a member who has taken anamat or advance; or\n(b) a member who has purchased any goods or commodities on credit or availed himself of any services from the society for which charges are payable; and fails to repay the full amount of such anamat or advance or pay the price of such goods or commodities or charges for such service, after receipt of notice of demand by him from the concerned society or within thirty days from the date of withdrawal of anamat or advance by him or from the date of delivery of goods to him or availing of services by him, whichever is earlier;\n(iv) in the case of resource society the principle object of which is to provide credit for non-agricultural purposes, a member who defaults the payment of three consecutive instalments of the loan granted;\n(v) in the case of Co-operative housing societies, a member who defaults the payment of dues to the society within three months from the date of service of notice in writing served by post under certificate of posting demanding the payment of dues;\n(d) carries on business of the kind carried on by the society, either in his name or in the name of any member of his family or he or any member of his family is a partner in a firm or a director in a company which carries on business of the kind carried on by the society;\nExplanation.\n(e) is a salaried employee of the society or holds any office of profit under the society; or\n(f) has incurred any other disqualification under this Act or the rules made thereunder.\n(a) absents himself from three consecutive board meetings without leave of absence;\n(b) absents from three consecutives general meetings.\n(c) is penalised under this Act.\n(a) shall have been a voting member of the society for at least two years immediately preceding the year of election;\n(b) shall have attended two general meetings of the society held immediately preceding the elections.",
"footnote": "",
"is_definition": false,
"sort_order": 59
},
{
"number": "61",
"title": "61. Disqualification of all directors of the board.",
"chapter": null,
"content": "(a) they did not conduct the annual general meeting within nine months of closure of the society's accounting year;\n(b) they did not conduct a requisitioned general meeting within the specified time;\n(c) they did not place the accounts for the preceding co-operative year before the general body at its annual general meeting.",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "62",
"title": "62. Powers and functions of the board of directors.",
"chapter": null,
"content": "(a) admit members;\n(b) elect and remove the office bearers;\n(c) accept or reject the resignation of the directors on the board; .\n(d) appoint and remove the chief executive;\n(e) fix the staff strength;\n(f) frame policies concerning-\n(i) business of the society;\n(ii) recruitment and service conditions of the staff;\n(iii) mobilisation, utilisation and investment of various funds;\n(iv) maintenance of accounting systems;\n(v) management information systems;\n(vi) such other subjects and matters necessary for the effective performance of the society;\n(g) place the annual report, annual financial statements, annual plan and budget for the approval of the general body;\n(h) consider audit and compliance reports and place these before the general body;\n(i) acquire or dispose of immovable property;\n(j) take such other measures or do such other acts as may be prescribed or required under this Act.\n(a) preside at meetings of the board and the general body;\n(b) have only a casting vote in the event of equality of votes on any matters being decided upon by the board.\n(c) exercise such other powers as may be delegated by the board and specified in the policies framed or resolutions adopted by the board.",
"footnote": "",
"is_definition": false,
"sort_order": 61
},
{
"number": "63",
"title": "63. Chief Executive.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 62
},
{
"number": "64",
"title": "64. Powers and functions of Chief Executive.",
"chapter": null,
"content": "(a) day-to-day management of the business of the society;\n(b) operating the accounts of the society and be responsible for making arrangement for safe custody of the cash;\n(c) signing on the documents for and on behalf of the society;\n(d) making arrangements for the proper maintenance of various books and records of the society and for the correct preparation and timely submission of the periodical statements and returns in accordance with the provisions of this Act, the rules and the bye-laws;\n(e) convening meetings of the general body of the society, the board and the other committees constituted by the board and maintaining proper record of such meetings;\n(f) making appointments to posts in the society in accordance with the directions of the board;\n(g) assisting the board in the formulation of policies, objectives and planning;\n(h) appraising the board with periodical information necessary for the operations and functions of the society;\n(i) performing such other duties and exercising such other powers as may be prescribed or as may be specified in the bye-laws of the society.",
"footnote": "",
"is_definition": false,
"sort_order": 63
},
{
"number": "65",
"title": "65. Society's nominee on other society not eligible to be office bearer except in a federal society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 64
},
{
"number": "66",
"title": "66. Election to board of directors of societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 65
},
{
"number": "67",
"title": "67. Vacancies on the Board of Directors.",
"chapter": null,
"content": "[67A. Appointment of Directors, New Board of Directors or Administrator.\n(a) at the first constitution of the Board of Directors of any society there is a failure to elect all or any of the members of the Board of Directors;\n(b) the term of the Board of Directors of any society or of any of it's members has expired or for any other reason election is held and there is a failure to elect all or any of the Directors required to fill the vacancies;\n(c) any Director is prevented from entering upon his office;\n(d) new Directors have failed to enter upon office on the date on which the term of office of the existing Board of Directors expired; or\n(e) a new Board of Directors cannot, for any reason, be constituted before the expiry of the term of Office of the existing Board of Directors, he may, either suo motu or on an application of any officer of the society, by order, appoint,-\n(i) any member or members of the society to be the member or members of the Board of Directors to fill the vacancy/vacancies; or\n(ii) a committee, consisting of not more than three members of the society, or one or more administrators, other than the member/s of the society, to manage the affairs of the society till the new Board of Directors enters upon office:",
"footnote": "",
"is_definition": false,
"sort_order": 66
},
{
"number": "68",
"title": "68. Government's power to give directions in the interest of Co-operative movement.",
"chapter": null,
"content": "(a) if the person is a member of the committee of the society, remove the member from the committee and appoint any other person as a member of the committee for the remainder of the term of his office and declare him to be disqualified to be such member for a period of six years from the date of the order;\n(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, remove the members and appoint any other person as members and declare them disqualified as provided in clause (a):\n[68A. Power to seize the records, etc.",
"footnote": "",
"is_definition": false,
"sort_order": 67
},
{
"number": "69",
"title": "69. Representative general body.",
"chapter": null,
"content": "(a) Election of the representative general body of the societies having more than five thousand individual members shall be held by the Registrar in the prescribed manner.\n(b) The members of the society shall be divided in different groups on territorial or any other basis as may be specified in the bye-laws for the purpose of electing a representative to represent the said group of members at general meetings of the society and to vote on their behalf at such general meetings. The elected representatives shall also be entitled to vote at the election of the board of directors of such societies on behalf of the group they represent.\n(c) The representative group shall be formed in such a manner that the number of representatives elected shall not be less than fifty and shall not be more than five hundred depending upon the total membership of the society.\n(d) The election of representatives to the representative general body shall be held six months prior to the election of the board of directors of the concerned society and such elected representative shall be elected for a term of five years and shall be eligible for re-election, if not otherwise disqualified under the provisions of this Act, rules and bye-laws.\n(e) Any vacancy arising in the post of representative shall be filled by re-election by the concerned group of members within a period of six months. Such re-election shall be held by the Registrar in the same manner.",
"footnote": "",
"is_definition": false,
"sort_order": 68
},
{
"number": "70",
"title": "70. Qualifications of Chief Executive Officers or any other officers.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 69
},
{
"number": "71",
"title": "71. Removal of directors and appointment of Administrator.",
"chapter": null,
"content": "(e) In the case of a society having Government share capital exceeding 50% of the total paid up share capital of the society, the Registrar shall have the power, in cases mentioned under clauses (a) and (b) above, to act suo-motu and appoint a board of administrators as mentioned in clause (a) above for a period of one year, which period, at the discretion of the Registrar, may be extended for a further period not exceeding one year, or to remove the director or directors in cases under clause (b):",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "72",
"title": "72. Meetings and minutes.",
"chapter": null,
"content": "Chapter-VIII\n[Accounts, Audit, Inquiry and Inspection]",
"footnote": "",
"is_definition": false,
"sort_order": 71
},
{
"number": "73",
"title": "73. Accounts and records.",
"chapter": null,
"content": "(a) copy of its registered bye-laws with amendments made from time to time;\n(b) the minute book of the board of directors meetings and committee meetings;\n(c) the minute book of the general meetings;\n(d) accounts of all sums of money received and expended by the society;\n(e) accounts of all purchases and sales of goods made by the society;\n(f) accounts of all assets and liabilities of the society;\n(g) a register showing memberwise patronage of various services provided by the society;\n(h) an up-to-date register of all members;\n(i) copies of the annual statement of accounts, directors report and auditors report;\n(j) all such other accounts, records and documents as may be required by this Act or other laws.",
"footnote": "",
"is_definition": false,
"sort_order": 72
},
{
"number": "74",
"title": "74. Audit.",
"chapter": null,
"content": "Explanation.",
"footnote": "",
"is_definition": false,
"sort_order": 73
},
{
"number": "75",
"title": "75. Powers and duties of the auditor.",
"chapter": null,
"content": "(a) Whether the society has maintained proper books of accounts and records as required by this Act;\n(b) Whether he has obtained all the information and explanations, which to the best of his knowledge and belief were necessary for the purposes of his audit;\n(c) Whether the final statement of accounts prepared are in agreement with the books of accounts and records maintained;\n(d) Whether the final statement of accounts gives true and fair view,-\n(i) in the case of balance sheet, of the state of affairs of the society as at the end of the co-operative year.\n(ii) in the case of income and expenditure account, of the surplus or deficit for the co-operative year.\n(e) Whether report of the branch auditors, not audited by him has been considered, and how he has dealt with the same in preparing his report;\n(a) Whether a society has maintained proper records showing particulars including quantitative details and situation of fixed assets;\n(b) Whether the fixed assets have been periodically physically verified by the management of the society and the discrepancy, if any, is considered in the books;\n(c) Whether loans and advances made by the society on the basis of security have been properly secured and whether the terms and conditions are not prejudicial to the interest of the society;\n(d) Whether any personal expenses have been charged to income and expenditure account;\n(e) Whether capital expenses have been charged to income and expenditure account;\n(f) Whether any expenditure incurred by the society is not in accordance with or not in consonance with its objectives;\n(g) Whether the society has utilised the financial assistance granted by the Government or any Government undertakings, for the purpose it is granted;\n(h) Whether there are adequate internal control procedures, commensurate with the size of the society and nature of its business;\n(i) Whether any purchases and sales are made during the year exceeding Rs. 50,000/- in aggregate from any relative of any director or any company or firm in which directors are interested;\n(j) Whether any manpower requirement is assessed and recruited as per the recruitment rules.",
"footnote": "",
"is_definition": false,
"sort_order": 74
},
{
"number": "76",
"title": "76. Special audit.",
"chapter": null,
"content": "(a) every payment which appears to the auditor to be contrary to law;\n(b) the amount of any deficiency, waste or loss which appears to have been caused by the gross negligence or misconduct of any person in the performance of his duties;\n(c) the amount received which ought to have been accounted for but is not brought into account; and\n(d) any material impropriety or irregularity which he may observe in the expenditure or in the recovery of money due.\n(a) the applicant creditor; and\n(b) the society concerned.\n[76A. Enquiry and/or Inspection of societies.",
"footnote": "",
"is_definition": false,
"sort_order": 75
},
{
"number": "77",
"title": "77. Inquiry.",
"chapter": null,
"content": "(a) to the society concerned;\n(b) to the applicant Federation, if any;\n(c) to the applicant-credit or if any;\n(d) to the person designated by the applicant directors, if any;\n(e) to the person designated by the applicant members, if any;\n(f) to any person, on payment of fee fixed by the Registrar.",
"footnote": "",
"is_definition": false,
"sort_order": 76
},
{
"number": "78",
"title": "78. Powers to summon and examine persons and documents.",
"chapter": null,
"content": "(a) require in writing the Chairman or other authority concerned to produce at the head office of the society such receipts, vouchers, statements, returns, correspondence, notes or any other documents as he may consider necessary for the purpose of special audit or inquiry;\n(b) require in writing:-\n(i) any employee of the society or other authority or person accountable for or having the custody or control of such receipts, vouchers, statements, returns, correspondence, notes or other documents to appear in person, or\n(ii) any person having, directly or indirectly, any share or interest in any contract with the society to appear in person or by an authorised agent, before him at the head office of the society and answer any question or sign a declaration with respect thereto;\n(c) in the event of any explanation being required from the Chairman or any other authority concerned, direct that it may be communicated to him in writing and request him to furnish the explanations at the head office of the society, or\n(d) exercise such other powers as can be reasonably said to be necessary for the purpose of this section.",
"footnote": "",
"is_definition": false,
"sort_order": 77
},
{
"number": "79",
"title": "79. Action on special audit or inquiry report.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 78
},
{
"number": "80",
"title": "80. Audit rectification report.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 79
},
{
"number": "81",
"title": "81. Filing of returns.",
"chapter": null,
"content": "(a) Annual audited or unaudited statement of accounts;\n(b) Report of the board of directors;\n(c) Auditors report;\n(d) Audit rectification report, if any;\n(e) Notice convening the annual general meeting;\n(f) Name and address of the directors and their terms of office;\n(g) List of amendment to the bye-laws, if any;\n(h) Declaration regarding the date of holding of the general meeting and number of members who attended such meetings.",
"footnote": "",
"is_definition": false,
"sort_order": 80
},
{
"number": "82",
"title": "82. Power of the [Registrar] to order recovery of losses.",
"chapter": null,
"content": "Explanation:\n[Chapter-IX]\nDisputes and Arbitration",
"footnote": "",
"is_definition": false,
"sort_order": 81
},
{
"number": "83",
"title": "83. Dispute.",
"chapter": null,
"content": "(a) a society, it's Board, any past Board, 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 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 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.\nExplanation 1.\nExplanation 2.\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 surety for any sum or demand due to him from the principal borrower in respect of a loan of 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 board of directors, 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 deceased member to deliver possession to a society of land or any other asset resumed by it for breach of conditions of the assignment.",
"footnote": "",
"is_definition": false,
"sort_order": 82
},
{
"number": "84",
"title": "84. Powers of an apex co-operative bank to proceed against members of a society for recovery of moneys due to it from such society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 83
},
{
"number": "85",
"title": "85. 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 board of directors, and any past board of directors, 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 the 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 92, or in respect of which a nominated board of directors or an administrator has been appointed under section 71, be six years from the date of the order issued under section 92, or section 71, 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": 84
},
{
"number": "86",
"title": "86. Settlement of disputes.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 85
},
{
"number": "87",
"title": "87. 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 the 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 bonafide , order any other person to be substituted or added as a plaintiff or a defendant, upon such terms as he thinks just.\n(c) The Registrar, his nominee or board of nominees may, at any stage of the proceeding, either upon or without the application of either party, and upon 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 name 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 in respect of the same cause of action may claim for 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, as the case may be.",
"footnote": "",
"is_definition": false,
"sort_order": 86
},
{
"number": "88",
"title": "88. Attachment before award and interlocutory orders.",
"chapter": null,
"content": "(a) is about to dispose of 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, 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": 87
},
{
"number": "89",
"title": "89. Decision of Registrar or his nominee or board of nominees.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 88
},
{
"number": "90",
"title": "90. Appeal against decision of Registrar or his nominee or board of nominees.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 89
},
{
"number": "91",
"title": "91. 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 of arrears of land revenue:",
"footnote": "",
"is_definition": false,
"sort_order": 90
},
{
"number": "91A",
"title": "91A. Private transfer of property made after issue of Certificate void against society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 91
},
{
"number": "91B",
"title": "91B. Transfer of property which cannot be sold.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 92
},
{
"number": "91C",
"title": "91C. Recovery of any sum advanced by a resource society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 93
},
{
"number": "91D",
"title": "91D. 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 or Tribunal;\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 together with interest, if any due on such amount or sum and costs of process 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.\nChapter-X\nLiquidation",
"footnote": "",
"is_definition": false,
"sort_order": 94
},
{
"number": "92",
"title": "92. Winding up.",
"chapter": null,
"content": "(a) after an inquiry has been held under section 77 or on the report of the auditor auditing the accounts 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.\n[92A. Winding up of co-operative bank at the direction of the Reserve Bank.",
"footnote": "",
"is_definition": false,
"sort_order": 95
},
{
"number": "92B",
"title": "92B. Reimbursement to the Deposit Insurance and Credit Guarantee Corporation by liquidator.",
"chapter": null,
"content": "(i) an order for the winding up, or an order sanctioning a scheme of compromise or arrangement, or 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) if so required by the Reserve Bank of India in the public interest or for preventing the affairs of the bank from 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 of society and the appointment of an Administrator therefor 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 of management of society.\nExplanation.\n(b) the expression \"the transferee bank\" has the same meaning as assigned to it in that Act]",
"footnote": "",
"is_definition": false,
"sort_order": 96
},
{
"number": "93",
"title": "93. Appointment of Liquidator.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 97
},
{
"number": "94",
"title": "94. Appeal against order of winding up.",
"chapter": null,
"content": "[94A. No appeal in certain cases.\n(a) is being wound up; or\n(b) in respect of which a scheme of amalgamation or re-organization is given effect to, no appeal there against shall lie or be permissible, and the sanction or requisition of the Reserve Bank shall not be liable to be called in question] .",
"footnote": "",
"is_definition": false,
"sort_order": 98
},
{
"number": "95",
"title": "95. Powers of 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 and 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 transfer by sale assets valued at market price to a society registered with similar objects or to a Government undertaking which carries on the same business as of the society under liquidation;\n(e) to lease to other societies or to Government undertakings, with prior approval of the Registrar, the property of the society to run the same business as that of the society under liquidation;\n(f) to raise, on the security of the assets of the society, any money required;\n(g) to investigate all claims against the society and, subject to the provisions of the Act, to decide questions of priority arising out of such claims, and to pay any class or classes of creditors in full or rate-able 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(h) 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(i) 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 or the winding up of the society, on such terms as may be agreed, and take any security for the discharge of any such call, liability, debt, or claim, and give a complete discharge in respect thereof;\n(j) 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 members or past members or by the estate, of deceased members, or by any officer, past officer or the estate of deceased officer to the assets of the society, such contribution being inclusive of debts due from such members or officers;\n(k) to refer orders for execution to Co-operative Authority under section 91;\n(l) to refer or to get referred any dispute to the Co-operative Authority for decision;\n(m) to determine by what persons and in what proportion the costs of the liquidation shall be borne;\n(n) to fix the time within which the creditors shall prove their debts and claims or be included for the benefit of any distribution made before those debts or claims are proved;\n(o) to summon and enforce the attendance of witnesses and to compel the production of books, accounts, documents, securities, cash or other properties belonging to or in the 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(p) 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(q) to take such action as may be necessary under section 16 with the prior approval of the Registrar, if there is reason to believe that the society can be reconstructed.",
"footnote": "",
"is_definition": false,
"sort_order": 99
},
{
"number": "96",
"title": "96. Effect of order of winding up.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 100
},
{
"number": "97",
"title": "97. Bar of suit in winding up and dissolution matters.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 101
},
{
"number": "98",
"title": "98. Audit of Liquidator's accounts.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 102
},
{
"number": "99",
"title": "99. Termination of liquidation proceedings.",
"chapter": null,
"content": "Explanation.",
"footnote": "",
"is_definition": false,
"sort_order": 103
},
{
"number": "100",
"title": "100. Disposal of surplus assets.",
"chapter": null,
"content": "(a) an object of public utility and be recommended by the members under the preceding section; of local interest as may general meeting held\n(b) a federal society with similar objects to which the cancelled society was eligible for affiliation or, where no federal society exists, the State federal society which may be notified in this behalf by the Government; and\n(c) for the purpose of development of the Co-operative movement.\nChapter-XI\nSpecial Provisions for Co-operative Housing Societies",
"footnote": "",
"is_definition": false,
"sort_order": 104
},
{
"number": "101",
"title": "101. Application.",
"chapter": null,
"content": "(a) all co-operative housing societies registered or deemed to be registered before the commencement of the Goa Co-operative Societies Act, 2001, or under any law relating to Co-operative Societies in force in the State of Goa, and the registration of which has not been cancelled before such commencement, and\n(b) all co-operative housing societies registered or deemed to be registered under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 105
},
{
"number": "102",
"title": "102. Definitions.",
"chapter": null,
"content": "(a) \"allottee\" means a member of a co-operative housing society to whom a plot of land, or site, or a tenement in a building held by it, is allotted by the society;\n(b) \"building fund\" means a fund created by the collection of contribution from members for-\n(i) the purchase and or acquisition of land; or\n(ii) the land development; or\n(iii) the construction of a dwelling unit or building; or\n(iv) the purpose of providing any other common amenities to achieve the objectives of the society.\n(c) \"building maintenance fund\" means a fund created by collection of the contributions from its members at such rate as may be specified in the bye-laws for carrying out repairs or structural additions, improvements or alterations to the property of the co-operative housing society which are likely to increase the life of such property and to maintain the property of the said society in good and habitable condition at all times;\n(d) \"commercial unit\" means office, shop, godown, garage or such other premises used for commercial or industrial purpose;\n(e) \"co-operative housing society\" means a society-\n(i) registered or deemed to be registered as a co-operative housing society under any law relating to co-operative societies in force in the State of Goa;\n(ii) the principal object of which is to provide its members open plots, dwelling units or commercial units (whether in a multistoreyed building or otherwise) and in case where open plots or dwelling units are already acquired, to provide its members common amenities and services including services relating to the arrangement of finances facilitating construction of dwelling units in order to solve their needs of dwelling units through mutual aid in accordance with the co-operative principles, and includes a co-ownership housing society, co-partnership housing society, co-operative housing maintenance society, and any other co-operative society of like nature and purpose;\n(f) \"co-ownership housing society\" means a society in which the land is held either on lease-hold or free-hold basis by the society and the houses constructed on it, are owned or to be owned by its members;\n(g) \"co-partnership housing society\" means a society in which land and buildings are held by the society on lease-hold or free-hold basis and members are allotted flats, tenements or such other premises in such buildings with a right to occupy the same in accordance with the bye-laws;\n(h) \"co-operative house mortgage society\" means a credit society which lends money to its members for a certain period of time against certain securities for the construction of houses for their dwellings;\n(i) \"co-operative housing maintenance society\" means a society formed by the owners of dwelling units or commercial units in a building for the purpose of maintenance of the building and provision of common amenities;\n(j) \"dwelling unit\" includes a house, flat, apartment, and tenement for the purpose of dwelling;\n(k) \"external repairs\" means all structural repairs and repairs required to be carried out to the property of the society the use of which is common to two or more members, and includes repairs of common walls, external walls, roads, lifts, water tanks, electric pumps, staircases, terraces and parapet walls, roofs of flats, street lights, electric lines, all leakages of water, water pipelines, compound walls, septic tanks, fencing, drainage, gates and other like common amenities;\n(l) \"internal repairs\" means such repairs as are not external repairs;\n(m) \"occupancy right\" means the right of an allottee to possess and use the plot of land, site or dwelling unit or commercial unit allotted to him with power to give it on hire or on leave and licence or to mortgage it or to donate or to transmit it by will or by inheritance or to transfer it;\n(n) \"outgoings\" means ground rent, if any, municipal and other local taxes, cesses, charges, water charges, electricity charges, revenue assessments, expenses of management and maintenance, repairs to or replacement of any property, insurance premium, other like expenses in respect of the society;\n(o) \"sub-allottee\" means an individual or body of persons, whether incorporated or not, in whose favour the possession of the dwelling unit or part thereof is transferred for a period of not less than three months, and includes a tenant, licencee, paying guest and caretaker thereof.",
"footnote": "",
"is_definition": true,
"sort_order": 106
},
{
"number": "103",
"title": "103. Limit on membership.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 107
},
{
"number": "104",
"title": "104. Allotment of plots, dwelling units and commercial units.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 108
},
{
"number": "105",
"title": "105. Rights of a member in a co-ownership housing society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 109
},
{
"number": "106",
"title": "106. Provisions for nomination.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 110
},
{
"number": "107",
"title": "107. Restriction on letting out.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 111
},
{
"number": "108",
"title": "108. Restriction on transfer of share or interest of a member.",
"chapter": null,
"content": "(a) the transferor vacates and gives possession of the premises to the transferee provided that the transferor may give possession of the premises pending the society's approval for transfer;\n(b) the dues of the society are paid or transferred to the transferee with the consent of the society;\n(c) the transfer fees or transfer charges, as may be specified in the society's bye-laws, are duly paid;\n(d) the previous permission of the society has been obtained in this behalf in writing and the transferee has been admitted as member.",
"footnote": "",
"is_definition": false,
"sort_order": 112
},
{
"number": "109",
"title": "109. Permission for transfer of occupancy right not to be ordinarily refused and provision for appeal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 113
},
{
"number": "110",
"title": "110. Creation, maintenance and utilisation of building maintenance fund.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 114
},
{
"number": "111",
"title": "111. Miscellaneous.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 115
},
{
"number": "112",
"title": "112. Unit of assessment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 116
},
{
"number": "113",
"title": "113. Certain portion of land acquired by' the Government for housing to be utilised on co-operative principles.",
"chapter": null,
"content": "Chapter-XII\nAppeals, Review and Revision",
"footnote": "",
"is_definition": false,
"sort_order": 117
},
{
"number": "114",
"title": "114. Goa Co-operative Tribunal.",
"chapter": null,
"content": "(b) [Two other members of the Co-operative Tribunal shall be persons of ability, integrity and standing, and having adequate educational qualifications, knowledge, experience of at least five years in dealing with problems relating to Co-operatives and/or persons having served in the Co-operative Department for a minimum period of twenty years and holding or held the post atleast in Group 'A' Junior grade in Goa Civil Service for minimum period of five years.]\n(b) Anything done or any action taken including any orders passed or regulations made by the said Goa, Daman and Diu Co-operative Tribunal, shall be deemed to have been done or taken by the Co-operative Tribunal constituted under this Act and shall continue in operation until duly modified or annulled.\n(c) Any reference to the said Goa, Daman and Diu Co-operative Tribunal in any law or instrument, for the time being in force, shall, with effect from the commencement of this Act, be construed as a reference to the Co-operative Tribunal constituted under this Act.\nExplanation.",
"footnote": "",
"is_definition": false,
"sort_order": 118
},
{
"number": "115",
"title": "115. Review of orders by the Co-operative Tribunal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 119
},
{
"number": "116",
"title": "116. Co-operative Tribunal to have powers of civil court.",
"chapter": null,
"content": "(a) proof of facts by affidavit;\n(b) summoning and enforcing the attendance of any person and examining him on oath;\n(c) compelling discovery or the production of documents; and\n(d) issuing commissions for the examination of witnesses.",
"footnote": "",
"is_definition": false,
"sort_order": 120
},
{
"number": "117",
"title": "117. Extension of period of limitation by Co-operative Tribunal in certain cases.",
"chapter": null,
"content": "Chapter-XIII\nOffences and Penalties",
"footnote": "",
"is_definition": false,
"sort_order": 121
},
{
"number": "118",
"title": "118. Offences.",
"chapter": null,
"content": "(a) Functioning, trading or carrying on business under any name or title of which the word \"Co-operative\" or its equivalent in any language forms part, except in the case of a society registered or deemed to be registered under this Act or any other State or Central Act or the family name of any person;\n(b) Willful neglect or refusal to do any act required to be done under this Act, or any rule, by any officer of any societies or of a co-operative society as mentioned in section 123;\n(c) Willfully making a false return or furnishing false information or failing to file the documents with the Registrar specified in section 81 of the Act;\n(d) Failure to hand over the records of the Society to the person authorised to have the custody of the records;\n(e) Indulging in fraudulent activities concerning the constitution, management and business of the Society;\n(f) Misuse of the funds and property of the Society by any officer or employee of the society.",
"footnote": "",
"is_definition": false,
"sort_order": 122
},
{
"number": "119",
"title": "119. Penalties.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 123
},
{
"number": "120",
"title": "120. Authority to take cognizance.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 124
},
{
"number": "121",
"title": "121. Contempt of [* * *] of Co-operative Tribunal.",
"chapter": null,
"content": "(a) when ordered by a [* * *] the Co-operative Tribunal to produce or deliver up any document or to furnish information, being legally bound so to do, intentionally omits to do so; or\n(b) when required by a [* * *] Tribunal to bind himself by an oath or affirmation to state the truth, refuses to do so;\n(c) being legally bound to state the truth on any subject to a [* * *] Tribunal, refuses to answer any question demanded of him touching such subject by the [* * *] Tribunal; or\n(d) intentionally offers any insult or causes any interruption to a Tribunal at any stage of its judicial proceeding, he shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.\nChapter-XIV\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 125
},
{
"number": "122",
"title": "122. Recovery of sums due to Government.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 126
},
{
"number": "123",
"title": "123. Branches, etc. of societies outside the State.",
"chapter": null,
"content": "[123A. Handing over records and property to new Chairman on election.",
"footnote": "",
"is_definition": false,
"sort_order": 127
},
{
"number": "124",
"title": "124. Registrar and other officers to be public servants.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 128
},
{
"number": "125",
"title": "125. Indemnity for acts done in good faith.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 129
},
{
"number": "126",
"title": "126. Bar of jurisdiction of Courts.",
"chapter": null,
"content": "(a) the registration of a society or its bye-laws, or the amendment of its bye-laws, or the dissolution of the board of directors of a society, or the management of the society on dissolution thereof, or\n(b) any dispute required to be referred to the Co-operative Authority for decision;\n(c) any matter concerned with the winding up and dissolution of a society.\n[126A. Power to exempt societies from provisions of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 130
},
{
"number": "127",
"title": "127. Rules.",
"chapter": null,
"content": "(i) subject to the provisions of section 4, prescribe the designation of officers who shall exercise powers vested in 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 a society under section 7 and the procedure in the matter of such application;\n(iii) prescribe the classes and sub-classes of Societies and the criteria thereof;\n(iv) prescribe the matters in respect of which a society may make, or the Registrar may direct a society to make bye-laws and the conditions to be followed in making, altering and abrogating bye-laws and the conditions to be satisfied prior to such making, alteration or abrogation;\n(v) prescribe the procedure to be followed and conditions to be observed for change of name or liability, amalgamation, transfer, division, conversion or re-construction of society;\n(vi) prescribe the form and procedure for an application under section 16 and the procedure for re-construction of a society under that section;\n(vii) prescribe the manner of giving public notice of the proceedings of de-registration of societies;\n(viii) prescribe the manner for entering into collaboration by any society or societies with any Government undertaking or any undertaking approved by the Government for carrying on any business;\n(ix) prescribe the conditions subject to which the Official Assignee shall realise the assets and liquidate the liabilities, under sub-section (3) of section 20;\n(x) prescribe the manner of giving public notice and the remuneration and allowances to be paid to the Official Assignee, under sections 20 (1) and 20 (4) respectively;\n(xi) prescribe the conditions to be complied with by a person applying for admission or admitted as a member and provide for the payment to be made and the interests to be acquired before the exercise of the right of membership;\n(xii) prescribe, in the case of a federal society, the manner of exercising voting rights by individual members;\n(xiii) prescribe the procedure for the admission of joint members and minors and persons of unsound mind inheriting the share or interest of deceased members and provide for their rights and liabilities;\n(xiv) 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(xv) prescribe the conditions and procedure for the transfer of share or interest;\n(xvi) provide for nomination of a person to whom the share or the interest of a deceased member may be paid or transferred;\n(xvii) provide for ascertaining the value of a share or interest of a past member or deceased member;\n(xviii) provide for the inspection of bye-laws and documents in the Registrar's office and the levy of fee for inspection and granting certified copies of the same;\n(xix) provide for the procedure for registering the address of a society and the change of its address;\n(xx) prescribe the particulars to be entered in the register of members besides the particulars mentioned in section 37(1);\n(xxi) prescribe the fees to be levied by the Registrar for inspection of bye-laws and list of members of the board of directors of the societies registered under the Act.\n(xxii) prescribe the manner of certifying the entries in the book, register or list kept by a society in the course of its business;\n(xxiii) provide for the procedure to be adopted by a society with limited liability in order to reduce its share capital;\n(xxiv) prescribe the period for and terms upon which Government aid may be given to societies and terms under which the Government may subscribe to the share capital of and guarantee the payment of the principal of and interest on debentures issued by societies;\n(xxv) prescribe the manner in which funds may be raised by a society or class of societies by means of shares or debentures or otherwise and the quantum of funds so raised;\n(xxvi) prescribe the forms in which a Society shall send requisition to employer under section 45(2);\n(xxvii) prescribe the manner in which the employees provident fund shall be administered;\n(xxviii) prescribe the modes of investment of funds under section 55 (g);\n(xxix) prescribe other measures or acts besides those mentioned in section 60 (1) (a) to (f);\n(xxx) prescribe the forms and procedure for elections to the board of directors of societies to be conducted by the Registrar;\n(xxxi) prescribe the forms and procedure for election of representative general body of societies mentioned in section 69;\n(xxxii) prescribe the period for which the books of accounts and supporting records and vouchers shall be preserved by the societies;\n(xxxiii) prescribe the form for the rectification of defects discovered in the course of audit;\n(xxxiv) prescribe the fees for filing the returns with the Registrar;\n(xxxv) [* * *]\n(xxxvi) [* * *]\n(xxxvii) [* * *]\n(xxxviii) provide for the issue and service of processes and for providing of service thereof;\n(xxxix) prescribe the procedure for and the method of recovery of any sums due under this Act or the Rules;\n(xl) prescribe the procedure to be followed for the custody of property attached under section 88;\n(xli) prescribe the manner of communication of interim order of winding up;\n(xlii) prescribe the procedure to be followed in the execution of awards and orders of the [* * *] , Registrar and Liquidator;\n(xliii) 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 in execution proceedings;\n(xliv) 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(xlv) prescribe the manner of appointing a Liquidator under section 93 (1);\n(xlvi) prescribe the form and period of submitting the Liquidators accounts to the Registrar for audit;\n(xlvii) prescribe the procedure and conditions for the exercise of the powers conferred under section 95 and the procedure to be followed by a Liquidator and provide for the disposal of surplus assets;\n(xlviii) prescribe the matters in which an appeal shall lie from the order of Liquidator appointed under section 93;\n(xlix) prescribe the form of certificate of allotment under section 104 (1);\n(l) prescribe the period of office of the President of the Co-operative Tribunal and the terms and conditions of his appointment;\n(li) prescribe the method of communicating or publishing any order, decision or award required to be communicated or published under this Act or the Rules;\n(lii) provide for all other matters expressly required or allowed by this Act, to be prescribed by rules.",
"footnote": "",
"is_definition": false,
"sort_order": 131
},
{
"number": "128",
"title": "128. Repeal, saving and construction.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 132
},
{
"number": "129",
"title": "129. Companies Act not to apply.",
"chapter": null,
"content": "Notifications\nNotifications\n42-7-2008/TS/RCS.\n42-7-2008/TS/RCS.",
"footnote": "",
"is_definition": false,
"sort_order": 133
}
],
"metadata": {
"Act ID": "goa031",
"Act Number": "(Goa Act 36 of 2001)",
"Enactment Date": "",
"Act Year": "2001",
"Short Title": "The Goa Co-operative Societies Act, 2001",
"Type": "STATE",
"Location": "Goa"
},
"updated_at": "2026-09-29 21:52:42"
}