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The Assam Co-operative Societies Act, 1949
The Assam Co-operative Societies Act, 1949
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 23. The Registrar.
Section 34. Societies which may be registered.
Section 45. Age, qualification of a member.
Section 56. Conditions of registration.
Section 67. Restriction on acquisition of shares in a society.
Section 78. Power of Registrar to decide, certain questions.
Section 89. Change of liability.
Section 910. Application, for registration.
Section 1011. Registration.
Section 1112. Evidence of registration.
Section 1213. Amendment of the bye-laws of a registered society.
Section 1314. Power of Registrar of affiliating society or financing bank to direct amendment of bye-laws or adoption of rules of procedure.
Section 1415. Division and amalgamation of societies.
Section 1515A. Insured Co-operative Banks.
Section 15A16. Member not to exercise rights till due payment made and conditions fulfilled.
Section 1617. Votes of members.
Section 1718. Member of unlimited society to furnish information as to his financial position.
Section 1819. Loan to be utilised for the purpose for which advanced.
Section 1920. Restrictions on transfer of share of interest.
Section 2021. Liability of past member and his estate.
Section 2122. Share or interest not liable to attachment.
Section 2223. Nomination of transferee.
Section 2324. Transfer of interest on death of a member.
Section 2425. Disposals of shares or interest of ceased members.
Section 2526. Liability of members on winding up of society.
Section 2627. Restriction on transfer of possession of land held under a society.
Section 2728. Right of a registered society to pay prior debts of a mortgagor.
Section 2829. Restriction on mortgaged property.
Section 2930. Bar to certain claim.
Section 3031. General Assembly.
Section 3132. Annual meeting of General Assembly.
Section 3233. Special meeting of General Assembly.
Section 3334. Administrative Council.
Section 3435. Powers to depute Government servant to manage the affairs of a society.
Section 3536. Dissolution or reconstruction of the Administrative Council, managing body or any committee of a society.
Section 3637. Dissolution of Administrative Council, managing body or any committee and appointment of persons to manage the affairs of a society.
Section 3738. Tenure of office of the person appointed under Section 37.
Section 3739. Powers of persons appointed under Section 37.
Section 3740. Address of society.
Section 4041. Prescription and inspection of documents.
Section 4142. Restriction on borrowing.
Section 4243. Power of Government to give financial assistance.
Section 4344. Restriction on loans.
Section 4445. Office bearer of a society, is required to furnish information and produce documents.
Section 4546. Prior claims of a society.
Section 4647. Charge and set off in respect of shares or interest of members.
Section 4748. Deduction of dues from salary of members.
Section 4849. Exemption from compulsory registration and personal attendance for registration of instruments.
Section 4949A. Exemption from registration of mortgage deeds executed in favour of Co-operative Land Development Bank or Primary Society.
Section 49A50. Power to remit certain dues, fees etc.
Section 5051. Investment of Funds.
Section 5152. Reserve Fund.
Section 5253. Distribution of net profit.
Section 5354. Restriction on distribution of profit.
Section 5455. Registrar is responsible for audit.
Section 5556. Power of the Registrar to have the accounts written up.
Section 5657. Nature of audit.
Section 5758. Audit report.
Section 5859. Rectification of defects.
Section 5960. Inquiry by Registrar.
Section 6061. Inspection of society.
Section 6162. Cost of inquiry and inspection.
Section 6263. Reference of dispute.
Section 6364. Settlement of dispute.
Section 6465. Cancellation of registration.
Section 6566. Winding up.
Section 6667. Distribution of fund of dissolved society.
Section 6768. Liquidator to deposit the books and submit a final report.
Section 6869. Bar of suit.
Section 6970. Power of Registrar to direct payment of dues.
Section 7071. Charge and Surcharge.
Section 7172. Prohibition of the use of the word "Co-operative" or "Samabaya".
Section 7273. Punishment for false return, false information disobeying summons, orders, etc.
Section 7374. Punishment for disposing property in contravention of Section 46.
Section 4675. Penalty for certain misdemeanours.
Section 7576. Power to enforce performance of obligations.
Section 7677. Cognisance of offences.
Section 7778. Indemnity.
Section 7879. Bar to jurisdiction of Courts.
Section 7980. Appeal or review.
Section 8081. Power of attachment of property.
Section 8182. Registrar to be civil Court for certain purposes.
Section 8283. Recovery of sums due.
Section 8384. Registrar may order a meeting of creditor.
Section 8485. Society to be a body corporate.
Section 8586. Register of members.
Section 8687. Entries in books of registered society shall be received as prima facie evidence.
Section 8788. Savings of existing societies.
Section 8889. Construction of reference to Act II of 1912.
Section 8990. Act VII of 1913 not to apply.
Section 9091. Acts of societies etc. not to be invalidated by certain defects.
Section 9192. Power to exempt societies from provisions of this Act.
Section 9293. Rules and bye-laws not to be deemed to go beyond the Act.
Section 9394. Power to exempt societies from conditions as to registration.
Section 9495. Power to order recoupment of expenditure.
Section 9596. Power to seize records of society.
Section 9697. Power of the managing body of an affiliating society to enquire into the affairs of a member society.
Section 9798. Limitation.
Section 9899. Power to exempt societies from the operation of the Assam Money Lender's Act.
Section 99100. Power to make Rules.
Section 100101. Repeal.
Section 101
the-assam-co-operative-societies-act-1949.json
•
103 Sections
•
Assam
{
"id": 13951,
"slug": "the-assam-co-operative-societies-act-1949",
"title": "The Assam Co-operative Societies Act, 1949",
"short_title": "The Assam Co-operative Societies Act, 1949",
"act_number": "(Assam Act No. 1 of 1950)",
"act_year": 1949,
"act_type": "STATE",
"location": "Assam",
"law_status": "unknown",
"enactment_date": null,
"description": "The Assam Co-operative Societies Act, 1949",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
"content": "",
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{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(a) \"Administrative Council\" means a body intermediary between a Managing Body and the General Assembly of registered society :\n(b) \"Affiliating Society\" means the registered society of which a particular society is a member and \"Affiliated Society\" means the particular society which is a member of the affiliating society;\n(c) \"Arbitrator\" means a person appointed under the provisions of this Act to decide any dispute referred to him;\n(d) \"Audit Officer\" means a person appointed under the provisions of this Act to audit the accounts of a registered society;\n(e) \"By-law\" refers to the registered bye-laws for the time being in force and includes a registered amendment of bye-laws;\n(f) \"Co-operative Year\" means the period beginning and ending on such dates as may be fixed by the Registrar for the purpose of drawing up the balance sheets of registered societies;\n(g) \"Co-operative Demand Certificate\" means a certificate as defined in Section 83;\n(h) \"Employee\" means a person not being an office-bearer, employed by a registered society on a salary or similar form of remuneration other than advance patronage dividend or payment for goods sold to or through such society;\n(i) \"General Assembly\" means the supreme body of a registered society as defined in Section 31;\n(j) \"Managing Body\" means the body to which the management of the affairs of a registered society is directly entrusted and does not include the Administrative Council;\n(k) \"Member\" means a person admitted to membership after registration in accordance with the bye-laws and rules of the society and includes a promoter;\n(l) \"Office-bearer\" means a member duly elected by the appropriate body of a registered society, according to its bye-laws to any office of such society, including the office of President, Chairman, Vice-President, Vice-Chairman, Secretary, Managing Director and Treasurer : provided that any officer appointed by Government to hold charge of any office of a registered society shall be deemed to be an office-bearer unless specifically stated to be contrary;\n(m) \"Prescribed\" means prescribed by rules;\n(n) \"Promoter\" means any eligible person or registered society signing the application of a society;\n(o) \"Registered Society\" means a co-operative society registered or deemed to have been registered under this Act and includes a society formed after amalgamation of such two or more societies or by division of such an existing society :\n(p) \"Registrar\" means a person appointed to perform the duties of a Registrar of Co-operative Societies under this Act:\n(q) \"Rules\" means rules made under this Act;\n(r) \"Signature\" includes the thumb-impression of an illiterate person;\n(s) \"Bank\" means-\n(i) A Banking Company as defined in the Banking Regulation Act, 1949.\n(ii) The State Bank of India constituted under the State Bank of India Act, 1955.\n(iii) A subsidiary Banks as defined in the State Bank of India (Subsidiary Banks) Act, 1959.\n(iv) A corresponding new Bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970;\n(v) The Agricultural Refinance Corporation constituted under the Agricultural Refinance Corporation Act, 1963.\n(iv) Agricultural Finance Corporation Limited, a company incorporated under the Indian Companies Act, 1956; and\n(t) A \"Financing Bank\" means a bank as defined in Clause (s) of Section 2 of this Act or a Co-operative Bank providing working capital to a registered Co-operative Society.\nChapter II\nRegistration of Societies",
"footnote": "",
"is_definition": true,
"sort_order": 1
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{
"number": "3",
"title": "3. The Registrar.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2
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{
"number": "4",
"title": "4. Societies which may be registered.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Age, qualification of a member.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Conditions of registration.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Restriction on acquisition of shares in a society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Power of Registrar to decide, certain questions.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Change of liability.",
"chapter": null,
"content": "(i) the society shall give notice in writing of its intention to change its liability to all its members and creditors;\n(ii) any member of creditor shall, notwithstanding any bye-law or contract to the contrary, have the option of withdrawing his shares, deposits or loans, as the case may be within three months of the service of such notice on him and the change shall not take effect until all such claims have been satisfied; and\n(iii) any member or creditor, who does not exercise his option within the period aforesaid, shall be deemed to have assented to the change.",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Application, for registration.",
"chapter": null,
"content": "(a) in the case of a society of which no promoter is a registered society, by at least ten eligible persons; and\n(b) in the case of a society of which at least one promoter is a registered society, by a duly authorised person on behalf of such registered society and at least one other individual promoter or one other duly authorised person on behalf of another registered society.",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Registration.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Evidence of registration.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Amendment of the bye-laws of a registered society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Power of Registrar of affiliating society or financing bank to direct amendment of bye-laws or adoption of rules of procedure.",
"chapter": null,
"content": "(ii) If the society fails to make such amendment within the time specified the Registrar shall, after giving the society an opportunity of representing its case, make such amendment himself and register the same. The Registrar shall then forward a copy thereof to the society together with a certificate signed by him which shall be effective as prescribed in Section 13(3).\n(iii) The Registrar shall not register and amendment of the bye-laws of a society, whether under this section or Section 13 of this Act, without the consent of the Provincial Government, if the effect of such amendment is to lessen the degree of control of the Government or of the Registrar as already provided for in the bye-laws.\n(iv) The Registrar may require any registered society to frame rules of procedure under its bye-laws to govern any part of the its business and to send such rules to him for prior approval.\n(ii) If the society fails to make the amendment within the time specified the affiliating society or the financing bank may forward to the Registrar the amendment; and the Registrar, if satisfied that the amendment is necessary in the interest of the society and not contrary to the provisions of this Act or the rules, may thereupon after giving an opportunity of showing cause to the society concerned against the proposed amendment register the amendment and forward to the society a copy thereof together with a certificate signed by him. The certificate shall be conclusive evidence that the amendment has been registered and such amendment shall thereupon be binding upon the society and its members.\n(iii) If the Registrar considers that the amendment referred to in Clause (ii) above is not acceptable, he shall submit a report to the Government.\n(iv) An affiliating society or a financing bank or the registered society if aggrieved by a decision of the Registrar may prefer an appeal to the Government. The orders of the Government on such appeal shall be final.\n(v) The State Government may out of its own motion or the Registrar subject to such direction as may be given by the Government amend the bye-laws of any society or group of societies in the interest of public service.",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Division and amalgamation of societies.",
"chapter": null,
"content": "(ii) Such a resolution shall contain the proposal as to how to divide the assets and liabilities of the society among the newly proposed societies their areas of operation and the members who will constitute each of the newly proposed societies with draft new bye-laws.\n(iii) A copy of the resolution shall be sent to the Registrar within thirty days of its adoption and subject to the Registrar's non-interference within thirty days of the dispatch to him of the resolution the resolution shall be circulated among the members and creditors of the society.\n(iv) Notwithstanding any bye-laws to the contrary, any member of the society, and notwithstanding any agreement to the contrary, any creditor of the society may, by notice given to the society within thirty days of the receipt of the resolution intimate in case of a member his intention not to become a member of any of the societies and in case of creditor his intention to demand a return of the amount due to him.\n(v) After the expiry of ninety days from the passing of the aforesaid resolution a meeting of the General Assembly shall be convened for finally deciding the resolution. At least fifteen clear days notice with the agenda of the meeting shall be given to all members of the society.\n(vi) If the General Assembly decides by a three-fourth majority finally to divide the society and if the Registrar approves of the decision, the members, who will constitute each of the newly proposed societies subscribing to the new draft bye-laws shall apply to the Registrar under Section 10 for registration of the new societies and the Registrar shall register the societies under Section 11.\n(vii) The Registrar shall not register the new societies if the application for registration is not accompanied by a certificate or re-payment of share capital to members and certificate of satisfaction of claims to creditors referred to in Clause (iv).\n(viii) From the date on which the new societies are registered under Clause (vi) the registration of the old society shall be deemed to have been cancelled.\n(ix) The registration of the new societies shall be a sufficient conveyance to vest the assets and liabilities of the original society according to the aforesaid resolution in the new societies.\n(ii) A copy of such resolution of each society shall be circulated forthwith among all members and creditors thereof.\n(iii) Notwithstanding any bye-laws to the contrary, any member of any such societies and, notwithstanding any agreement to the contrary, any creditor of any such societies, may within a period of thirty days from the receipt of the aforesaid resolution, intimate his intention not to become a member of the new society, in the case of a member, and to demand a return of the amount due to him, in the case of a creditor. .\n(iv) After the expiry of ninety days from the date of the aforesaid resolution a joint meeting of the members of such societies shall be convened to decide finally the aforesaid resolution.\n(v) At least fifteen clear days notice shall be given to all the members of the societies. If at such meeting the aforesaid resolution is confirmed by a majority of three fourths of the members of each society present and the common bye-laws are accepted with or without any alterations, the Registrar shall be moved by an application under Section 10 for registration and he shall register the new society under Section 11 if he approves.\n(vi) The Registrar shall not register the new society if the application for registration is not accompanied by a certificate of repayment of share capital to members and a certificate of satisfaction of claims of creditors referred to in Clause (iii).\n(vii) From the date on which the new society is registered the registration of the old societies shall be deemed to have been cancelled.\n(viii) The registration of the new society shall be a sufficient conveyance to vest in it all the assets and liabilities of the original societies.\n(b) A scheme referred to in sub-section (3)(a) in respect of division, amalgamation or merger may provide for all or any of the following matters, namely :\n(i) The transfer of the business, properties movable or immovable, assets including cash balance and reserve fund, rights privileges, liabilities debts and obligations of the transferor society or societies to the Transferee society or societies on such terms and conditions as may be specified in the said scheme;\n(ii) The reduction of interest or rights which the members, depositors and other creditors have in or against the transferor society or societies before division amalgamation or merger to such extent as the Registrar considers necessary in the public interest or in the interest of the members depositors and other creditors for the maintenance of the business of such society or societies having due regard to the assets and liabilities of the transferor society or societies;\n(iii) The payment in cash or otherwise to the depositors and other creditors in full satisfaction of their claims-\n(a) in respect of their interests or rights in or against the transferor society or societies before or after division, merger or amalgamation, or\n(b) where the interests or rights as aforesaid, in or against the transferor society or societies has or have been reduced under Clause (ii), in respect of such interest or rights as so reduced;\n(iv) (a) The allotment of shares in the transferee society to the members of the transferor society against the shares held by them in the transferor society or societies, before the division, amalgamation or merger; or\n(b) where it is not possible to allot shares in the transferee society or societies to such members against the shares held by them in the transferor society or societies;\n(i) that allotment of shares or payment in cash in favour of the members of the transferor society or societies under the clause shall not be made until all the depositors and creditors of the transferor society or societies have been paid under sub-clause (a) of this clause or, as the case may be, under sub-clause (b) of Clause (iii); and\n(ii) that such allotment of shares or payment in cash in favour of the members of the transferor society or societies shall be made only out of the surplus of the assets of the transferor society or societies, if any, that may be left after payment to the depositors and the creditors as indicated in sub-clause (i);\n(iii) the continuance of the service of all or any of the employees of the transferor society or societies in the transferee society or societies on such terms and conditions of service as may be determined in this behalf:\n(iv) The scheme for the division shall provide division of the assets and liabilities, the area of operation the employees and the member of such society among the new societies into which such society is to be divided.\n(c) (i) No order referred to in sub-section (a) shall be made unless a copy of the proposed order including the scheme is sent to the societies affected calling upon them to invite objection or suggestions from the members, creditors, and suggestions together with their own suggestions and objections, if any, to the Registrar within thirty days from the date of receipt of the copy of the proposed order by such societies.\n(ii) The Registrar shall consider the suggestions and objections which may be received under (i) above within the period referred to therein and may make such modifications in the proposed order including the scheme as he thinks just and fit and finalise the proposed order including the scheme in accordance with the Stale Government:\n(d) An order referred to in Clause (a) may contain such incidental, consequential and supplemental provisions as the Registrar in consultation with the State Government may consider necessary to give effect to the proposed division amalgamation or merger and shall have effect on and from such date as may be specified in the final order referred to in sub-clause (ii) of Clause (c).\n(e) On and from the date from which the division amalgamation, or merger takes effect, the assets and liabilities of the societies referred to therein shall stand divided, amalgamated or merged with the assets and liabilities of the societies formed out of such division or amalgamation or merger and the members, creditors and debtors of such societies shall be deemed to be members, creditors and debtors, as the case may be, of the new society or societies as ordered by the Registrar.\n(f) (i) Notwithstanding anything contained in this Act, the Registrar shall register all new societies created after division of an existing society under this Act and such registration shall be effective from the date on which the division takes effect and the registration of the society ordered to be divided shall be deemed to have been cancelled from the said date and such registration and cancellation shall be effective from the date on which the division takes effect notwithstanding the actual registration is done later on.\n(ii) In case of the society directed to amalgamate or merge, the registration of the transferor society or societies shall be deemed to have been cancelled from the date on which the amalgamation or merger takes effect.\n(g) The provisions of this section shall have effect notwithstanding anything to the contrary elsewhere in this Act or in any other law or agreement award or other instrument for the time being in force.\n(h) (i) Notwithstanding anything contained in the Transfer of Property Act, 1882, or the Registration Act, 1908, an order issued under this section shall be sufficient conveyance to divide or to transfer the assets and liabilities of the society or societies covered by any order passed under sub-clause (ii) of Clause (c).\n(ii) Notwithstanding anything contained in any other law for the time being in force no civil Court shall exercise any jurisdiction in respect of any action taken or order passed under this section and nothing done or order passed in exercise of any power under this section shall be called in question in any such Court.",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "15A",
"title": "15A. Insured Co-operative Banks.",
"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 reorganisation) of the bank, may be made only with the previous sanction in writing of the Reserve Bank of India;\n(ii) an order for the winding up of the bank shall be made by the Registrar if so required by the Reserve Bank of India in its circumstances referred to in Section 13-D of the Deposit Insurance and Credit Guarantee Corporation Act, 1961;\n(iii) if so required by the Reserve Bank of India in the public interest or for preventing the affairs of the Bank being conducted in a manner detrimental to the interests of the depositors or for securing the proper management of the bank, an order shall be made for the supersession of the committee of management or other managing body (by whatever name called) of the bank and the appointment of an administrator therefore for such period or periods, not exceeding five years in the aggregate, as may from time to time, be specified by the Reserve Bank of India, and the administrator so appointed shall, after expiry of his term of office continue in office until the day immediately proceeding (sic) the date of the first meeting of the new committees;\n(iv) no appeal, revision or review shall lie or be permissible against an order such as is referred to in Clauses (i), (ii), (iii) made with the previous sanction in writing or on the requisition of the Reserve Bank of India and such order or sanction shall not be liable to be called in question in any other manner;\n(v) the liquidator or the insured Co-operative Bank of transferee bank, as the case may be shall be under an obligation to repay the Deposit Insurance and Credit Guarantee Corporation established under the Deposit Insurance and Credit Guarantee Corporation Act, 1961 in the circumstances to the extent and in the manner referred to in Section 21 of that Act.\n(ii) \"Insured Co-operative Bank\" means a society which is an insured bank under the provisions of the Deposit Insurance and Credit Guarantee Corporation Act, 1961.\n(iii) \"Transferee Bank\" in relation to an Insured Co-operative Bank means a Co-operative Bank,-\n(a) with which such Insured Co-operative Bank is amalgamated, or\n(b) to which the assets and liabilities of such Insured Co-operative Bank are transferred, or\n(c) into which such Insured Co-operative Bank is divided or converted under the provisions of Assam Co-operative Societies Act, 1949.\nChapter III\nRights and Liabilities of Members of Registered Societies",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "16",
"title": "16. Member not to exercise rights till due payment made and conditions fulfilled.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "17",
"title": "17. Votes of members.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "18",
"title": "18. Member of unlimited society to furnish information as to his financial position.",
"chapter": null,
"content": "(a) by an applicant for membership of a registered society with unlimited liability, together with his application;\n(b) by a member of registered society with unlimited liability when required to do so by the Registrar or any person authorised by him in this behalf or by the affiliating society.",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "19",
"title": "19. Loan to be utilised for the purpose for which advanced.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "20",
"title": "20. Restrictions on transfer of share of interest.",
"chapter": null,
"content": "(a) he has held charge or interest for not less than one year; and\n(b) the transferee or mortgagee is either a member of such society or a person whose application for membership has been accepted.",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "21",
"title": "21. Liability of past member and his estate.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "22",
"title": "22. Share or interest not liable to attachment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "23",
"title": "23. Nomination of transferee.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "24",
"title": "24. Transfer of interest on death of a member.",
"chapter": null,
"content": "(a) to the person, if any, nominated in accordance with the provisions of Section 23; or\n(b) if there be no such nominee or if the nominee is not available or is difficult to be ascertained by the managing body, or if for any other cause such transfer cannot be made without unreasonable delay, difficulty to the person as may appear to the managing body to be the heir or legal representative of the deceased member; provided that ninety days have elapsed from the date of the member's death. No new claim shall be entertained after the said period of ninety days.",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "25",
"title": "25. Disposals of shares or interest of ceased members.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "26",
"title": "26. Liability of members on winding up of society.",
"chapter": null,
"content": "(a) in the case of a society with unlimited liability-without limit; and\n(b) in the case of a society with limited liability-subject to such limitation of amount as may be provided in the bye-laws.",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "27",
"title": "27. Restriction on transfer of possession of land held under a society.",
"chapter": null,
"content": "(1) a member of a registered society, the object of which is to develop Co-operative or Collective farming, shall not be entitled to transfer his possession or interest in any land held by him under the society, except to the society or with the previous approval of the managing body and in accordance with its bye-laws, to a member thereof or to a person who will be admitted as a member of the society;\n(2) on the death of such a member, his possession of an interest in any such land held by him under the society shall come to his nominee in accordance with the provisions of Section 23 or in the first eligible heir according to seniority in age willing to become a member of the society;\n(3) if no nominee or heir becomes a member, the possession of an interest in such land of the deceased, shall vest in the society, which shall pay to the nominee or the heirs, a sum equivalent to the value of the share and interest of the deceased member and any other sum due from the society as determined in accordance with this Act or rules framed thereunder after deducting the dues which the deceased member owed to the society;\n(4) if there is no person qualified to succeed to the share or interest of the deceased member the society shall pay to his heir, executor or the legal representative, as the case may be, a sum equivalent to the value of the share and interest of the deceased member as determined in accordance with the rules after deducting the dues of the deceased to the society;\n(5) when in any other case a member ceases to be a member of such a society under this Act, rules or bye-laws, his possession of, and interest in, any such land held by him under the society shall come to the society, if the bye-laws allow and if the share and interest of the member is not forfeited under this Act or rules framed thereunder, the society shall pay to the ceased member a sum equivalent to the value of the share and interest of such member and any other sum due to him from the society after deducting his debts to the society, if any;\n(6) no land held under a registered society specified in sub-section (1) by a member thereof, or vested under sub-section (2) in the heir or nominee of such member, shall be attachable in any suit or proceeding for the recovery of any debt other than a debt due to the society or to a member thereof;\n(7) no land shall vest in such a society by reason of the provisions of this section unless it is owned by the society or has been leased to the society and, if the society holds the land by lease or contract, the land shall vest in the society only during the pendency of lease of contract.",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "28",
"title": "28. Right of a registered society to pay prior debts of a mortgagor.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "29",
"title": "29. Restriction on mortgaged property.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "30",
"title": "30. Bar to certain claim.",
"chapter": null,
"content": "Chapter IV\nManagement",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "31",
"title": "31. General Assembly.",
"chapter": null,
"content": "(i) that a registered society affiliated to such society may have more than one representative entitled to vote at general meeting of the society; and\n(ii) that only one third of the members of the General Assembly, excluding ex-officio members, may be individual members, the other two-thirds being representatives of affiliated registered societies.\n(b) When the bye-laws of a registered society contain the provision of sub-section (2) (a) (i), if the member of individual members exceed one-third of the total membership of the society, the individual members shall elect at a special meeting, to be called by the Secretary of the society not more than one month before the annual general meeting in the manner prescribed in the bye-laws for annual general meetings, those individual members who, as the representatives of the body of individual members, shall form the one-third membership of the General Assembly for the purpose of voting at the annual and other meetings of the General Assembly during the ensuring year, only such elected representatives having the right to attend and vote at such general meetings.",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "32",
"title": "32. Annual meeting of General Assembly.",
"chapter": null,
"content": "(a) electing members to the Administrative Council, managing body and other committees of the society, the Chairman, Vice-Chairman and other office bearers, as may be provided in the bye-laws, and fixing such fees, salaries or other remuneration as prescribed in the bye-laws:\n(b) electing internal auditor or auditors who shall not be members of the Administrative Council of governing body, and fixing the renumeration;\n(c) considering the annual report of the Administrative Council or if there be no Administrative Council of the managing body, audit report and audited annual accounts and balance sheets and reviewing the working of the society during the preceding co-operative year;\n(d) deciding how profits are to be distributed in accordance with the bye-laws;\n(e) passing the annual budget and approving the programme of work for the ensuing year;\n(f) fixing the maximum amount of liability to be incurred during the ensuing year and the maximum rate of interest payable on deposits; and\n(g) considering such other business as may be placed before the meeting in accordance with the bye-laws :",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "33",
"title": "33. Special meeting of General Assembly.",
"chapter": null,
"content": "(a) at the instance of the Administrative Council or if there be no Administrative Council, of the managing body;\n(b) at the request of the Chairman of the society;\n(c) on a requisition signed by one-tenth of the members of the General Assembly or twenty members, whichever is less; or\n(d) at the instance of the Registrar.",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "34",
"title": "34. Administrative Council.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "35",
"title": "35. Powers to depute Government servant to manage the affairs of a society.",
"chapter": null,
"content": "35A.",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "36",
"title": "36. Dissolution or reconstruction of the Administrative Council, managing body or any committee of a society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "37",
"title": "37. Dissolution of Administrative Council, managing body or any committee and appointment of persons to manage the affairs of a society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "37",
"title": "38. Tenure of office of the person appointed under Section 37.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "37",
"title": "39. Powers of persons appointed under Section 37.",
"chapter": null,
"content": "39A.\n39B.\n(a) doing any act in violation of the provisions of the Act, the rules framed thereunder the registered by-laws of the society and other lawful orders of the Government or of the Registrar of Co-operative Societies;\n(b) doing any act which is prejudicial to the interest of the Co-operative movement;\n(c) misuse and defalcation of funds of the society;\n(d) misconduct and wilful neglect in the discharge of his duties;\n(e) refusal to act or in capability of acting.\nChapter V\nDuties of Registered Society",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "40",
"title": "40. Address of society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "41",
"title": "41. Prescription and inspection of documents.",
"chapter": null,
"content": "(a) a copy of this Act;\n(b) a copy of the rules framed under this Act;\n(c) a copy of the bye-laws of society;\n(d) a copy of all rules framed under the bye-laws of the society;\n(e) annual balance-sheet authenticated by the Audit Officer; and\n(f) such other books, forms, registers or other documents as may be prescribed by the Registrar.",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "42",
"title": "42. Restriction on borrowing.",
"chapter": null,
"content": "42A.",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "43",
"title": "43. Power of Government to give financial assistance.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 43
},
{
"number": "44",
"title": "44. Restriction on loans.",
"chapter": null,
"content": "(a) to any person other than a member except with the general or special sanction of the Registrar; provided that a loan may be given to a depositor of the society out of his deposit; or\n(b) to a member in excess either of maximum or of the normal credit determined by the society for that member in accordance with its bye-laws; provided that in assessing normal credit the managing body shall take a full statement as to the member's means of earning;\n(c) on the security of movable property or future movable property, unless the movable property is charged, hypothecated or pledged with the society;\n(d) on personal security without sureties, unless the borrowing member has unencumbered immovable property or attachable funded assets sufficient to cover the loan and a full statement of such securities is submitted by the borrower and the truth of the statement is ascertained by the managing body;\n(e) on personal security with sureties unless he borrowing member and his sureties together have unencumbered immovable property or attachable funded assets, sufficient to cover the loan and a full statement of such securities is submitted by the borrower and the sureties separately and the truth of the statement is ascertained by the managing body;\n(f) on personal security, with or without sureties, unless the loan is for a short period and not exceeding the time required to reap the benefit of the loan and in no case exceeding three years.\n(b) The resolution of the managing body granting a loan under this section shall contain the names of all assenting members; provided that if such names are omitted from the proceedings of the meeting, the Chairman and Secretary shall be held jointly and severally responsible for the issue of the loan.\n(c) Notwithstanding the provisions of sub-clauses (1)(b) to (f) and (2)(a) and (b), a registered society may issue a loan on mortgage or valuable security.\n(d) No person shall be accepted as a surety for any borrower unless he is also a member of the same registered society.",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "45",
"title": "45. Office bearer of a society, is required to furnish information and produce documents.",
"chapter": null,
"content": "(b) Any office bearer of a society or a liquidator may, on behalf of the society bid and purchase at a sale of mortgaged property.\nChapter VI\nPrivileges of Registered Societies",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "46",
"title": "46. Prior claims of a society.",
"chapter": null,
"content": "(a) if such debt or demand is due in respect of the supply, or any loan to provide the means of such supply, of seed, manure labour, fodder for cattle or any other thing incidental to the conduct of agricultural operations-upon the crops or agricultural produce of such member, past member, or belonging to the estate of such deceased member, at any time within two years from the date of such supply or loan or from the date on which the last instalment of such supply or loan became repayable;\n(b) if such debt or demand is due in respect of the supply of, or any loan for the purchase of cattle, agricultural implements or warehouses, for the storage of agricultural produce-in the manner and to the extent aforesaid upon the crops or agricultural produce of such member, past member or belonging to the estate of such deceased member and also upon the cattle, agricultural implements or warehouse thus supplied or purchased wholly or in part from any such loan;\n(c) if such debt or demand is due in respect of the supply of, or any loan for the purchase of raw materials industrial implements machinery, workshop, warehouses or business premises-upon the raw materials or other things supplied or purchased by such member, past member or the deceased member wholly or in part from any such loan and also upon any articles manufactured from raw materials or with implements or machinery so supplied or purchased wholly or in part from any such loan;\n(d) if such debt or demand is due in respect of any loan for the purchase, improvement or redemption of land or for the purchase or construction of any house, building or any portion thereof-upon the land purchased, improved or redeemed or the house or building so purchased or constructed by such member, past member or the deceased member from any such loan.\n(a) a member who makes an application for a loan to a Co-operative Society of which the majority of the members are agriculturists shall, if he owns any land or has any interest in any land as a tenant, make in such form as may be prescribed a declaration that he thereby creates a charge upon such land or, such interest or such portion thereof, as may be specified in the declaration for securing the repayment of the loan which the society may make to the members on the application and of future loans, if any, that may be made to him, from time to time, by the society together with interest on such loan or loans;\n(b) a declaration made under Clause (a) may be varied or cancelled at any time by the members making it, with the consent of the society in whose favour it is made;\n(c) any land or interest in land in respect of which a declaration has been made under Clause (a) or any part of such land or interest, shall not be sold or otherwise transferred by the member making the declaration until the entire amount of the loan or loans taken by the member from the society together with interest thereon is paid to the society :\n(d) subject to any claim of the State Government in respect of land revenue or any sum recoverable as land revenue or as public demand, there shall be a first charge in favour of the society on the land or interest in land specified in the declaration made under Clause (a) for and to the extent of the dues recoverable from the member making the declaration on account of the loan or loans together with any interest thereon made to him by the society :\n(e) every record of rights prepared and maintained under the Assam Land and Revenue Regulations, 1886, or any other law for the time being in force shall also include the particulars of every charge on any land or any interest thereon created under Clause (a).",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "47",
"title": "47. Charge and set off in respect of shares or interest of members.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "48",
"title": "48. Deduction of dues from salary of members.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "49",
"title": "49. Exemption from compulsory registration and personal attendance for registration of instruments.",
"chapter": null,
"content": "(1) any instrument relating to shares in a registered society, notwithstanding that assets of such society consist in whole or in part of immovable property; or\n(2) any debenture issued by any such society and not crediting, declaring assigning, limiting or extinguishing any right, title or interest to or in immovable property, except in so far as it entitles the holder to the security afforded by a registered instrument whereby the society has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holder of such debentures; or\n(3) any endorsement upon or transfer of any debenture issued by any such society :\n(4) notwithstanding anything contained in the Indian Registration Act, 1908 it shall not be necessary for any office bearer of a registered society or a liquidator of a society to appear in person or by agent at any registration office in any proceeding connected with the registration of any instrument executed by him in his official capacity or to sign as provided in Section 58 of that Act;\n(5) where any instrument is so executed, the registering officer, to whom such instrument is presented for registration may, if he thinks fit, refer to such office bearer or liquidator for information regarding the same and on being satisfied of the execution thereof, shall register the instrument.",
"footnote": "",
"is_definition": false,
"sort_order": 49
},
{
"number": "49A",
"title": "49A. Exemption from registration of mortgage deeds executed in favour of Co-operative Land Development Bank or Primary Society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "50",
"title": "50. Power to remit certain dues, fees etc.",
"chapter": null,
"content": "(a) the stamp duty other than stamp duties (26 Geo. 5, Ch. 2) falling within item 91 or item 96 in list I in the Seventh Schedule to the Constitution of India in respect of any instrument executed by, or on behalf of, or in favour of, a registered society or by an officer or on behalf of a member thereof, and relating to the business of such society or any class of such instruments, co-operative demand certificates or decisions, awards or orders of Registrar or arbitrators under this Act, in cases where, but for such remission, the registered society, officer or member thereof, as the case may be, would be liable to pay the stamp duty chargeable under any law for the time being in force, in respect of such instrument, and\n(b) any fee payable by a registered society under any law for the time being in force for the registration of documents or of Court fee for the time being in force.\nChapter VII\nProperty and Funds of Registered Society",
"footnote": "",
"is_definition": false,
"sort_order": 51
},
{
"number": "51",
"title": "51. Investment of Funds.",
"chapter": null,
"content": "(a) in a Government Savings Bank, or\n(b) in any of the securities specified in Section 20 of the Indian Trust Act, 1882, other than those specified in Clause (e) of that section, or\n(c) with the sanction of the Registrar, in the shares or debentures or in the security of any other registered society, or\n(d) with any registered society, bank or persons carrying on the business of banking approved for this purpose by the Registrar, or\n(e) in any other mode permitted by the bye-laws.",
"footnote": "",
"is_definition": false,
"sort_order": 52
},
{
"number": "52",
"title": "52. Reserve Fund.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 53
},
{
"number": "53",
"title": "53. Distribution of net profit.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 54
},
{
"number": "54",
"title": "54. Restriction on distribution of profit.",
"chapter": null,
"content": "(a) otherwise than out of net profits certified by the audit officer or have been actually realised; provided that the advance patronage dividend may be paid in accordance with the directions of the Registrar and on the certificate of an internal auditor approved by the Registrar; or\n(b) without the previous sanction of the Registrar, if the audit officer reports that any asset is bad or doubtful and also recommends that such sanction is necessary.\nChapter VIII\nAudit",
"footnote": "",
"is_definition": false,
"sort_order": 55
},
{
"number": "55",
"title": "55. Registrar is responsible for audit.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 56
},
{
"number": "56",
"title": "56. Power of the Registrar to have the accounts written up.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 57
},
{
"number": "57",
"title": "57. Nature of audit.",
"chapter": null,
"content": "(i) a verification of the balance and securities;\n(ii) a verification of the balance at the credit of the depositors and creditors and the amounts due from the debtors of the society;\n(iii) an examination of overdue debts, if any;\n(iv) valuation of the assets including stock verifications, and liabilities of the society :\n(v) an examination of the statement of accounts and balance-sheets to be prepared by the managing body of the society in such forms as may be prescribed;\n(vi) a certification of the realised profits; and\n(vii) any other relevant matter.",
"footnote": "",
"is_definition": false,
"sort_order": 58
},
{
"number": "58",
"title": "58. Audit report.",
"chapter": null,
"content": "(i) every transaction which appears to him to be contrary to law or to the rules or bye-laws;\n(ii) every sum which ought to have been but has not been brought into account;\n(iii) the amount of deficiency or loss which appears to have resulted from any negligence or misconduct or to require further investigation;\n(iv) any money or property belonging to the society which appears to have been misappropriated or fraudulently retained by any person;\n(v) any of the assets which appears to him to be bad or doubtful;\n(vi) any irregularity in maintaining account; and\n(vii) any other relevant matter.",
"footnote": "",
"is_definition": false,
"sort_order": 59
},
{
"number": "59",
"title": "59. Rectification of defects.",
"chapter": null,
"content": "Chapter IX\nInquiry and Inspection",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "60",
"title": "60. Inquiry by Registrar.",
"chapter": null,
"content": "(i) the affiliating society, if any, of which the society is a member and a debtor;\n(ii) a majority of the members of the managing body;\n(iii) one-third of the members of the society, who shall have deposited such security for costs, if any, as the Registrar may direct;\n(iv) creditors representing not less than one-half of the borrowed capital of the society, who shall deposit such security for costs, if any, as the Registrar may direct.",
"footnote": "",
"is_definition": false,
"sort_order": 61
},
{
"number": "61",
"title": "61. Inspection of society.",
"chapter": null,
"content": "61A.\n(ii) The inspection may be carried out by an officer or any other member of the paid staff of the financing bank with previous sanction of the Registrar in writing.\n(iii) The officer or any other member of the paid staff of the financing bank undertaking such inspection, shall, at all reasonable times, have access to the books of account, documents, securities cash and other properties belonging to or in the custody of the co-operative society inspected by him, and shall also be supplied by such society such information statements and returns as may be required by him to assess the financial conditions of the society and the safety of the financial assistance to be made to the society or already made to it.",
"footnote": "",
"is_definition": false,
"sort_order": 62
},
{
"number": "62",
"title": "62. Cost of inquiry and inspection.",
"chapter": null,
"content": "Chapter X\nSettlement of Disputes",
"footnote": "",
"is_definition": false,
"sort_order": 63
},
{
"number": "63",
"title": "63. Reference of dispute.",
"chapter": null,
"content": "(a) the society, its past or present controlling or managing body, any past or present officer, agent or employee or the liquidator of the society; or\n(b) member, past member or persons claiming through a member, past member or deceased member of the society; or\n(c) a surety of a member, past member of deceased member of a society; or\n(d) any other registered society or the liquidator of the society;\n(e) a registered society and a financing bank.",
"footnote": "",
"is_definition": false,
"sort_order": 64
},
{
"number": "64",
"title": "64. Settlement of dispute.",
"chapter": null,
"content": "(a) decide the dispute himself or authorise any other Government officer to decide the dispute; or\n(b) refer it for disposal to an arbitrator appointed by the Registrar or to three arbitrators one to be nominated by each of the parties to the dispute and the third, who shall be nominated by the Registrar, to act as Chairman. Where any party to the dispute fails to nominate an arbitrator within fifteen days after the communication of his notice, the Registrar may himself make the nomination. No legal practitioner may be nominated as an arbitrator by any party to a dispute or by the Registrar;\n(c) an arbitrator appointed under the previous sub-clause shall be governed by the Indian Arbitration Act, 1940 (X of 1940), with such statutory re-enactment or modification thereof as shall, from time to time be made.\n(a) is about to dispose of the whole or any part of his property; or\n(b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Registrar;\nChapter XI\nDissolution of Society",
"footnote": "",
"is_definition": false,
"sort_order": 65
},
{
"number": "65",
"title": "65. Cancellation of registration.",
"chapter": null,
"content": "(i) has not commenced working; or\n(ii) has ceased working; or\n(iii) has ceased to comply materially with any condition as to registration in this Act, rules or bye laws; and\n(iv) in his opinion ought to be dissolved.",
"footnote": "",
"is_definition": false,
"sort_order": 66
},
{
"number": "66",
"title": "66. Winding up.",
"chapter": null,
"content": "(a) to institute, compromise and defend suits and other legal proceedings on behalf of the society by his name of office,\n(b) to make any compromise or arrangement with any person between whom and the society there exists any dispute;\n(c) to determine the debts due to the society by a member, past member of the estate, nominees heirs or legal representatives of a deceased member;\n(d) to determine from time to time the contribution to be made or remaining to be made by the members, past members or by the estates or nominees, heirs or legal representatives of deceased members or by any officers or former officers, to the assets of the society and to determine the debts due from such members or persons and the cost of liquidation;\n(e) to calculate the cost of liquidation and to determine by what persons and in what proportion they are to be borne;\n(f) to investigate all claims against the society and, subject to the provisions of this Act, to decide question of priority arising between claimants;\n(g) to pay claims against the society including interest up to the date of cancellation of registration according to their respective priorities, if any, in full or rateably as the assets including there reserve fund of the society, permit; the surplus, if any remaining after payment of claims being applied in payment of interest from the date of such cancellation of the rate fixed by him but not exceeding the contract rate in any case;\n(h) to take step to recover dues according to the provisions of Section 83, if necessary; and\n(i) to dispose of the surplus, if any, remaining after paying the claims against the society in accordance with Section 67 of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 67
},
{
"number": "67",
"title": "67. Distribution of fund of dissolved society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 68
},
{
"number": "68",
"title": "68. Liquidator to deposit the books and submit a final report.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 69
},
{
"number": "69",
"title": "69. Bar of suit.",
"chapter": null,
"content": "Chapter XII\nRecovery of Sums Due and Enforcement of Obligations",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "70",
"title": "70. Power of Registrar to direct payment of dues.",
"chapter": null,
"content": "70A.",
"footnote": "",
"is_definition": false,
"sort_order": 71
},
{
"number": "71",
"title": "71. Charge and Surcharge.",
"chapter": null,
"content": "(a) intentionally, whether individually or as an assenting member of any managing or other controlling body, made or authorised any payment or granted any loan which is contrary to the provisions of this Act or to the rules or bye-laws or failed to take timely steps to recover any loan at the due date or if it was being improperly utilised; or\n(b) was grossly negligent in respect of any loss or deficiency; or\n(c) failed to bring account any sum which ought to have been brought into account; or\n(d) misappropriated or fraudulently retained any property of the society; or\n(e) committed breach of trust in relating to the society;\nChapter XIII\nPenalty",
"footnote": "",
"is_definition": false,
"sort_order": 72
},
{
"number": "72",
"title": "72. Prohibition of the use of the word \"Co-operative\" or \"Samabaya\".",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 73
},
{
"number": "73",
"title": "73. Punishment for false return, false information disobeying summons, orders, etc.",
"chapter": null,
"content": "(a) wilfully makes a false return or furnishes false information or wilfully neglects or refuses to do any act required by this Act or any rules or bye-laws; or does anything contrary to this Act or the rules or bye-laws; or\n(b) any person wilfully or without reasonable excuse disobeys any summons, requisition or lawfully written order issued under the provisions of this Act or does not produce documents or cash balance of the society of furnish any information lawfully required from him by a person authorised in this behalf under the provisions of this Act or fails to maintain up to date account, records and other documents of the society required to be maintained by him under this Act or rules or bye-laws;",
"footnote": "",
"is_definition": false,
"sort_order": 74
},
{
"number": "46",
"title": "74. Punishment for disposing property in contravention of Section 46.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 75
},
{
"number": "75",
"title": "75. Penalty for certain misdemeanours.",
"chapter": null,
"content": "(a) by sitting or voting or exercising his rights as a member or as a member of any managing or controlling body, or voting in the affairs of a registered society as a representative of another society which is a member of such society, when such person was not entitled so to sit, vote or exercise such rights, as the case may be, or\n(b) by utilising a loan for a purpose different from that for which it was granted.",
"footnote": "",
"is_definition": false,
"sort_order": 76
},
{
"number": "76",
"title": "76. Power to enforce performance of obligations.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 77
},
{
"number": "77",
"title": "77. Cognisance of offences.",
"chapter": null,
"content": "Chapter XIV\nJurisdiction",
"footnote": "",
"is_definition": false,
"sort_order": 78
},
{
"number": "78",
"title": "78. Indemnity.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 79
},
{
"number": "79",
"title": "79. Bar to jurisdiction of Courts.",
"chapter": null,
"content": "(a) registration of a registered society or its bye-laws or amendments of bye-laws; or\n(b) the dissolution of a managing or controlling body and the management of the affairs of the society on dissolution thereof; or\n(c) any dispute referred to the Registrar; or\n(d) any matter in relation to the winding up and dissolution of a registered society.",
"footnote": "",
"is_definition": false,
"sort_order": 80
},
{
"number": "80",
"title": "80. Appeal or review.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 81
},
{
"number": "81",
"title": "81. Power of attachment of property.",
"chapter": null,
"content": "(a) is about to dispose of the whole or any part of such property; or\n(b) is about to remove the whole or any part of such property from the local limits of the jurisdiction of the Registrar or of such gazetted officer;",
"footnote": "",
"is_definition": false,
"sort_order": 82
},
{
"number": "82",
"title": "82. Registrar to be civil Court for certain purposes.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 83
},
{
"number": "83",
"title": "83. Recovery of sums due.",
"chapter": null,
"content": "83A.",
"footnote": "",
"is_definition": false,
"sort_order": 84
},
{
"number": "84",
"title": "84. Registrar may order a meeting of creditor.",
"chapter": null,
"content": "Chapter XV\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 85
},
{
"number": "85",
"title": "85. Society to be a body corporate.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 86
},
{
"number": "86",
"title": "86. Register of members.",
"chapter": null,
"content": "(a) the date on which the name of any person was entered in such register or list as a member; and\n(b) the date on which any such member ceased to be a member.",
"footnote": "",
"is_definition": false,
"sort_order": 87
},
{
"number": "87",
"title": "87. Entries in books of registered society shall be received as prima facie evidence.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 88
},
{
"number": "88",
"title": "88. Savings of existing societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 89
},
{
"number": "89",
"title": "89. Construction of reference to Act II of 1912.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 90
},
{
"number": "90",
"title": "90. Act VII of 1913 not to apply.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 91
},
{
"number": "91",
"title": "91. Acts of societies etc. not to be invalidated by certain defects.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 92
},
{
"number": "92",
"title": "92. Power to exempt societies from provisions of this Act.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 93
},
{
"number": "93",
"title": "93. Rules and bye-laws not to be deemed to go beyond the Act.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 94
},
{
"number": "94",
"title": "94. Power to exempt societies from conditions as to registration.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 95
},
{
"number": "95",
"title": "95. Power to order recoupment of expenditure.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 96
},
{
"number": "96",
"title": "96. Power to seize records of society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 97
},
{
"number": "97",
"title": "97. Power of the managing body of an affiliating society to enquire into the affairs of a member society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 98
},
{
"number": "98",
"title": "98. Limitation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 99
},
{
"number": "99",
"title": "99. Power to exempt societies from the operation of the Assam Money Lender's Act.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 100
},
{
"number": "100",
"title": "100. Power to make Rules.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 101
},
{
"number": "101",
"title": "101. Repeal.",
"chapter": null,
"content": "Schedule A Form (Under Section 83) Co-operative Demand Certificate granted under Section 83 (1) of the Assam Co-operative Societies Act, 1949 (Act I of 1950) as amended (To be realised as an arrear of land revenue by the revenue authority within whose jurisdiction the judgement debtor's property is situated) Case No. .........of 19 District/Sub-division In the matter of ................................................ Versus ................................................................ Whereas as a result of any enquiry I decide that a sum of Rs........(Rupees...................) by way of............under Section 70 of the Assam Co-operative Societies Act, 1949 (Act I of 1950) as amended and a sum of Rs..............(Rupees.............) by way of interest is/are due from you and you have not paid;\nSchedule A\nForm (Under Section 83)\nCo-operative Demand Certificate granted under Section 83 (1) of the Assam Co-operative Societies Act, 1949 (Act I of 1950) as amended\nCo-operative Demand Certificate granted under Section 83 (1) of the Assam Co-operative Societies Act, 1949 (Act I of 1950) as amended\n(To be realised as an arrear of land revenue by the revenue authority within whose jurisdiction the judgement debtor's property is situated)\nCase No. .........of 19 District/Sub-division\nIn the matter of ................................................\nVersus\n................................................................\nSchedule\nRegistrar\nCo-operative Societies, Assam/Officer empowered under Section 70, Section 83 (1) of Assam Co-operative Societies Act, 1949 (Act I of 1950) as amended.\nN.B.\nSchedule B\n[ See Section 10]\nYear\nNo.\nShort title\nExtent of repeal\n1912\nII\nThe Co-operative Societies Act, 1912\nThe whole, with the exemption of sub-section (a) of Section\n\t\t\t\t28, and of sub-section (b) of Section 28, so far as it relates to\n\t\t\t\tthe stamp duties specified in the second paragraph thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 102
}
],
"metadata": {
"Act ID": "Last Updated 11th February, 2020 [ass109]",
"Act Number": "(Assam Act No. 1 of 1950)",
"Enactment Date": "",
"Act Year": "1949",
"Short Title": "The Assam Co-operative Societies Act, 1949",
"Type": "STATE",
"Location": "Assam"
},
"updated_at": "2026-09-29 21:55:18"
}