← Back to Directory
The Chhattisgarh Co-Operative Societies Act, 1960
The Chhattisgarh Co-Operative Societies Act, 1960
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 23. Registrar and other officers.
Section 34. Societies which may be registered.
Section 45. Registration of societies with limited or unlimited liability.
Section 56. Conditions of registration.
Section 67. Application for registration.
Section 78. Power of Registrar to decide certain questions.
Section 89. Registration.
Section 910. Classification of Societies.
Section 1011. Amendment of bye-laws of a society.
Section 1112. Power to direct amendment of bye-laws.
Section 1213. Change of name.
Section 1314. Certain certificates to be conclusive evidence.
Section 1415. Change of liability of society from limited to unlimited or vice-versa.
Section 1516. Reorganisation of Societies.
Section 1616A. Collaboration by Societies.
Section 16A16B. Partnership of societies.
Section 16B17. Compromise or arrangement for repayment of liabilities and reconstruction of societies.
Section 1717A. Action and liability of Banks under moratorium.
Section 17A17B. Liability of new Bank to repay to the Deposit Insurance Corporation.
Section 17B18. Cancellation of registration.
Section 1818A. De-registration of Societies.
Section 18A19. Persons who may become members.
Section 1919A. Disqualifications of member.
Section 19A19B. Effect of subsequent disabilities.
Section 19B19C. Expulsion of members.
Section 19C20. Nominal members.
Section 2021. No rights of membership to be exercised till due payments are made.
Section 2122. Votes of members.
Section 2223. Manner of exercising vote.
Section 2324. Restriction on holding of share capital by a member.
Section 2425. Restrictions on transfer of shares or interest.
Section 2526. Transfer of interest on death of member.
Section 2627. Share or deposit or interest not liable to attachment.
Section 2728. Rights of members to see books, etc.
Section 2829. Liability of a past member or estate of deceased member.
Section 2930. Insolvency of members.
Section 3031. Societies to be bodies corporate.
Section 3132. Address of society and display of name.
Section 3233. Register of members.
Section 3334. Proof of entries in society's books.
Section 3434A. Societies to give pass books to member.
Section 34A35. Exemption from compulsory registration of instruments.
Section 3536. Borrowings.
Section 3637. Restrictions on loans.
Section 3738. Restrictions on other transactions with non-members.
Section 3839. Charge and set-off in respect of share or interest of members.
Section 3940. Prior claim of society on certain assets.
Section 4041. First charge of co-operative societies on certain assets.
Section 4141A. Right of society to acquire and dispose of immovable property.
Section 41A42. Deduction from salary to meet society's claim in certain cases.
Section 4243. Funds and profits.
Section 4343A. Appropriation of profits.
Section 43A43B. Liability for deficit.
Section 43B44. Investment of funds.
Section 4445. Grant of State aid to societies.
Section 4546. Employees' Provident Fund.
Section 4647. Power to direct affiliation to Federal Society.
Section 4747A. Apex Society.
Section 47A48. Final authority in society.
Section 4848A. Disqualification for holding specified office.
Section 48A48AA. Disqualification for membership of Board of Directors and for representation.
Section 48AA48B. Representatives and Delegates.
Section 48B48C. Powers of committee.
Section 48C49. Annual General Meeting.
Section 4949B. Annulment of proceedings of society by successor committee.
Section 49B49C. Government's powers to give directions in public interest, etc.
Section 49C49D. Registrar's power to give directions to make regulations.
Section 49D49E. Appointment of Managing Director and Chief Executive Officer in certain circumstances.
Section 49E50. Special General Meeting.
Section 5050A. Disqualification for being candidate or voter for election to committee or representative or delegate of society.
Section 50A51. Validation of acts.
Section 5152. Power to appoint Government nominees.
Section 5252B. Representation of women members on committee.
Section 52B53. Supersession of committee.
Section 5353A. Taking over of charge.
Section 53A53B. Power of the Registrar to remove an Officer of a society in certain circumstances.
Section 53B54. Appointment of Managers, Secretaries and other officers.
Section 5455. Registrar's power to determine conditions of employment in societies.
Section 5556. Registrar's power to enforce performance of obligation.
Section 5657. Registrar's power to seize records, etc.
Section 5757A. Taking possession of record and property.
Section 57A57B. Management of short term Co-operative Credit Structure Societies.
Section 57B57C. Insured Co-operative Bank.
Section 57C58A. Audit Board.
Section 58A58B. Procedure for making good, losses caused to a society.
Section 58B59. Inquiry.
Section 5959A. Duty of certain persons to assist enquiry.
Section 59A60. Inspection of books of society.
Section 6061. Rectification of defects.
Section 6162. Costs of inquiry.
Section 6263A. Expenditure on proceedings, etc.
Section 63A64. Disputes.
Section 6465. Limitation.
Section 6566. Settlement of dispute.
Section 6667. Procedure for settlement of disputes and power of Registrar, his nominee or board of nominees.
Section 6768. Attachment before award.
Section 6869. Winding up of Societies.
Section 6969A. Winding up of Co-operative Bank.
Section 69A69B. Reimbursement of Deposit Insurance Corporation in case of Insured Bank.
Section 69B70. Appointment of Liquidator.
Section 7070A. Control of liquidator.
Section 70A71. Powers of Liquidator.
Section 7172. Disposal of surplus assets of liquidated societies.
Section 7273. Prohibition of use of word 'Co-operative'.
Section 7374. Offences.
Section 7475. Penalties for offences.
Section 7576. Cognizance of offences.
Section 7677. Chhattisgarh State Co-operative Tribunal.
Section 7777A. Review.
Section 77A77B. Tribunal to exercise powers of a civil court.
Section 77B78. Appeals before the Registrar and Tribunal.
Section 7878A. Extension of period of limitation by appellate authority in certain cases.
Section 78A79. No appeal or review in certain cases.
Section 7980. Transferor withdrawal of cases.
Section 8080A. Power of Registrar to call for proceedings of subordinate officers and board of a society and to pass order thereon.
Section 80A80B. Power to make interlocutory orders.
Section 80B80C. Stay of execution of orders.
Section 80C80D. Transfer of pending cases.
Section 80D81. Recovery of sums due to Government.
Section 8181A. Power of financing bank to proceed against defaulting members of co-operative society.
Section 81A82. Bar of jurisdiction of Courts.
Section 8283. Recovery of costs.
Section 8384. Enforcement of charge.
Section 8484A. Recovery of sums due to certain societies.
Section 84A85. Execution of orders, etc.
Section 8585A. Manner of executing order to deliver possession of immovable property.
Section 85A86. Service of notice.
Section 8687. Registrar and other officers etc. to be public servants.
Section 8788. Indemnity for acts done in good faith.
Section 8889. Powers of Civil Courts.
Section 8990. Registrar or person empowered by him to be a Civil Court for certain purposes.
Section 9092. Companies Act not to apply.
Section 9293. Certain other Acts not to apply to Co-operative Societies.
Section 9394. Notice necessary in suits.
Section 9495. Power to make rules.
Section 9596. Repeal and savings.
Section 96
the-chhattisgarh-co-operative-societies-act-1960.json
•
138 Sections
•
Chhattisgarh
{
"id": 16107,
"slug": "the-chhattisgarh-co-operative-societies-act-1960",
"title": "The Chhattisgarh Co-Operative Societies Act, 1960",
"short_title": "The Chhattisgarh Co-Operative Societies Act, 1960",
"act_number": "(Act No. 17 of 1961)",
"act_year": 1960,
"act_type": "STATE",
"location": "Chhattisgarh",
"law_status": "unknown",
"enactment_date": null,
"description": "The Chhattisgarh Co-Operative Societies Act, 1960",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(a) \"Additional Registrar\" means an Additional Registrar of Cooperative Societies appointed under Section 3;\n(a-i) \"Apex Society\" means a society whose principal object is to provide facilities for the operation of other societies affiliated to it and whose area of operation extends to the whole State of Chhattisgarh;\n(b) \"Assistant Registrar\" means an Assistant Registrar of Co-operative Societies appointed under Section 3;\n(b-i) \"Area of operation\" means the area from which the membership is drawn or as specified in the bye-laws of the society;\n[(b-ii) \"Authorized Person\" means a person authorized by Registrar to act on his behalf under this Act;]\n(c) \"bye-laws\" means the bye-laws registered or deemed to have been registered under this Act and for the time being in force, and includes a registered amendment of the bye-laws;\n(c-i) \"Central Society\" means a District Co-operative Agriculture and Rural Development Bank or any other society, whose area of operation is confined to a part of the State and which has as its object the promotion of the objects of the member societies, and which has at least five societies as its members;\n(c-ii) \"Central Co-operative Bank\" means a resource society registered or deemed to be registered under this Act, which is either licensed under the Banking Regulation Act, 1949 (10 of 1949) or permitted by the Reserve Bank of India to do banking business till so licensed, and\n(i) has area of operation confined to part of the State; ands\n(ii) has as its principal object, the creation of funds and the obtaining credit, goods or services for and providing credit, goods or services as loan to Co-operative Societies affiliated to it for agriculture, industrial and other allied purposes;\n(c-iii) \"Company\" means a Company as defined in Section 3 of the Companies Act, 1956 (1 of 1956);\n(c-iv) \"Co-operative Union\" means a registered society which has as its principal object the undertaking of co-operative education, propaganda, training and extension of co-operative services;\n[(d) \"Board\" means the board of directors or the governing body of a Co-operative society, by whatever name called, to which the direction and control of the management of the affairs of a society is entrusted to;]\n(d-i) \"Co-operative Bank\" means a State Co-operative Bank, a Central Co-operative Bank and a Primary Co-operative Bank, registered or deemed to be registered under this Act;\n(e) \"Co-operative Society with limited liability\" means a society having the liability of its members limited by its bye-laws to the amount, if any, unpaid on the shares respectively held by them or to such amount as they may, respectively, undertake to contribute to the assets of the society in the event of its being wound up;\n(e-i) \"Chief executive\" means an individual appointed under Section 49-E and who subject to superintendence, control and direction of the Chairman of the Committee has been entrusted by the Committee with the management of the affairs of the co-operative;\n(f) [* * *]\n(g) \"Consumers' Society\" means a society formed with the object of obtaining or producing and processing and distributing goods to or performing other services for its members, as well as for other customers and dividing among its members and customers in a proportion as may be laid down in the bye-laws of such society, the profits accruing from such supply, production, processing and distribution;\n(g-i) \"delegate\" means a person elected by a group of individual members to represent them in the general body of the society in accordance with the bye-laws of the society;\n(g-ii) \"Deposit Insurance and Credit Guarantee Corporation\" means the Deposit Insurance and Credit Guarantee Corporation established under the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (No. 47 of 1961);\n(h) \"Deputy Registrar\" means a Deputy Registrar of Co-operative Societies appointed under Section 3;\n(hh) \"Development Bank\" means a District Co-operative Agricultural and Rural Development Bank or the Chhattisgarh State Co-operative Agriculture and Rural Development Bank registered or deemed to be registered under this Act;\n(i) \"Family\" means a person, his spouse, his children, dependent on him and his other relations dependent on him and jointly residing with him;\n(j) \"Farming Society\" means a society formed with the object of promoting development of land and better methods of cultivation, and includes a better farming society, tenant farming society, collective farming society, joint farming society, irrigation society and a crop protection society;\n[(jj) \"State Co-operative Election Commission\" means a Commission referred to in Section 50-B of this Act, which shall be the authority or body for the purpose of superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to a co-operative society under Article 243Z,K of the Constirution of India.]\n(k) \"Federal Society\" means a society of which not less than fifty per cent of the share capital, excluding Government share capital is held by Societies;\n(l) \"Financing Bank\" means a Society, the objects of which include the creation of funds to be lent to other societies or its individual members, and includes a Land Mortgage Bank and the State Co-operative Bank;\n(m) \"General Society\" means a society not falling under any of the heads (i) to (ix) specified in sub-section (1) of Section 10;\n(n) \"Industrial Society\" means a Society formed with the objects of promoting development of weavers, carpenters, metal workers, shoe makers or any other Society which aims at producing finished goods from raw materials of any kind.\n(o) \"Joint Registrar\" means a Joint Registrar of Co-operative Societies appointed under Section 3;\n(p) \"Liquidator\" means a person appointed under Section 70;\n(q) \"Marketing Society\" means a society formed for the purpose of marketing agricultural or other produce and including among its objects, the supply of the requisites of such production;\n(r) \"Member\" means a person joining in the application for the registration of a society or a person admitted to membership after registration in accordance with this Act, the rules and the bye-laws applicable to such society and includes the State Government when it subscribes to the share capital of a society;\n(s) \"Multi-purpose Society\" means a society which includes amongst its objects any of the primary objects specified in any two or more of the clauses (g), (n), (v) and (y);\n(t) \"Nominal Member\" means a person admitted to membership of a society under Section 20;\n[(t-i) \"Officer\" means any Official or a person elected or appointed by a society according to its bye-laws to any office of such society and includes a Chairman, Vice-Chairman, President, Vice-President, Managing Director, Manager, Secretary, Treasurer, Member of Board 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[t-ia) \"Office bearer\" means a President, Vice-President, Chairperson, Vice-Chairperson, Secretary or Treasurer of a co-operative society and includes any other person to be elected by the board of any co-operative society;]\n(u) \"Other backward classes\" means category of persons belonging to backward classes as notified by the State Government;\n(u-i) \"Primary Society\" means a society which is neither an Apex Society nor a Central Society;\n(u-ii) \"Primary Agriculture Credit Cooperative Society\" means a society organised with the main objective of making credit available for agriculture production and includes a Primary, Service Cooperative Society and Adimjati Sewa Sahakari Samiti;\n(u-iii) \"Primary Co-operative Bank\" means a resource society other than a village or urban resource society not registered as bank, the objects of which include creation of funds to be lent to and obtaining credit to be extended to its Regulation Act, 1949 (10 of 1949) or permitted by the Reserve Bank of India to do banking business till so licensed;\n(v) \"Producers' Society\" means a society formed with the object of producing and disposing of goods as a collective property of its members and includes a society formed with the object of the collective disposal of the labour of its members;\n(w) \"Processing Society\" means a society formed with the object of producing goods by mechanical or manual process arid includes an industrial society and a society for the processing of agricultural commodities;\n(x) \"Registrar\" means the Registrar of Co-operative Societies appointed under Section 3;\n(x-i) \"Representative\" means a member of society to represent the society in other societies;\n(x-ii) \"Reserve Bank\" means the Reserve Bank of India established under the Reserve Bank of India Act, 1934 (No. 2 of 1934 );\n(y) \"Resource Society\" means a society formed with the object of obtaining for its members the credit, goods or services required by them and includes a service society and a primary credit society;\n(y-i) \"Returning Officer\" means an officer appointed by the [State Election Commission] by general or special order for performing the duties of a Returning Officer under this Act or the rules made thereunder and includes an officer subordinate to the Returning Officer nominated in writing by him to perform the duties of Returning Officer;\n(y-ii) \"Scheduled area\" means the area which has been declared under the Scheduled Area (State of Bihar, Gujarat, Chhattisgarh and Orissa) Order, 1977.\n[(z) \"Co-operative Society\" means a Co-operative society registered or deemed to be registered under this Act;]\n(z-i) \"Specified office\" means the office of the President or Chairman;\n(aa) \"State Co-operative Bank\" means the Chhattisgarh State Cooperative Bank Limited;\n(bb) \"Student\" means a person studying in any educational, vocational or training institution;\n[(cc) \"Scheduled Castes\" means the Scheduled Castes specified in relation to this State under Article 341 of the Constitution, of India;\n(dd) \"Scheduled Tribes\" means the Scheduled Tribes specified in relation to this State under Article 342 of the Constitution of India;\n(ee) \"Tribunal\" means the Chhattisgarh State Co-operative Tribunal constituted under Section 77;\n(ff) \"Multi-State co-operative society\" means a society registered or deemed to be registered under the Multi-State co-operative societies Act 2002 (No. 39 of 2002);\n(gg) \"State level co-operative society\" means a co-operative society having its area of operation extending to the whole of the State;\n(hh) \"Administrator\" means a person appointed by Registrar with such terms and conditions to manage the affairs of the societies during the period in which the board of society is kept under supersession or suspension;\n(ii) \"Functional Director\" means a Director other than elected and co-opted of the board, having functional responsibilities but re-presenting the board of directors, such as Managing Director, Additional Managing Director, Director Finance, Director Marketing, Secretary and other functional Officer etc.;\n(jj) \"State Election Commission\" means an authority or body referred to in article 243K of Constitution of India, for the purpose of superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to a co-operative society;]\nChapter II\nRegistration",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. Registrar and other officers.",
"chapter": null,
"content": "(a) Additional Registrar of Co-operative Societies;\n(b) Joint Registrar of Co-operative Societies;\n(c) Deputy Registrar of Co-operative Societies;\n(d) Assistant Registrar of Co-operative Societies;\n(e) such other categories of officers as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Societies which may be registered.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Registration of societies with limited or unlimited liability.",
"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. Application for registration.",
"chapter": null,
"content": "(a) in the case of a society of which no other society is a member, by at least ten persons qualified in accordance with the requirements of Section 6; and\n(b) in the case of a society of which a member is a registered society, by a duly authorised person on behalf of every such registered society and where all the members of the society are not registered societies, by ten other members, or when there are less than ten other members, by all of them.",
"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. Registration.",
"chapter": null,
"content": "[9A. Saving of existing Co-operative Societies.",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Classification of Societies.",
"chapter": null,
"content": "(i) Consumers' Society;\n(ii) Farming Society;\n(iii) Federal Society;\n(iv) Central Society;\n(v) Housing Society;\n(vi) Marketing Society;\n(vii) Multipurpose Society;\n(viii) Producers' Society;\n(ix) Processing Society;\n(x) Resource Society;\n(xi) General Society;\n(xii) Industrial Society.\n(a) Apex Society;\n(b) Central Society;\n(c) Primary Society.",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Amendment of bye-laws of a 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. Certain certificates to be conclusive evidence.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Change of liability of society from limited to unlimited or vice-versa.",
"chapter": null,
"content": "(i) twenty-one days' notice has been given to every member of the society and to any person or class of persons whose interest may m the opinion of the Registrar, be affected by the change; and\n(ii) with respect to every such member or person who, in the opinion of the Registrar, is entitled to notice-\n(a) either his assent has been obtained to the change or is deemed to have been obtained by virtue of his failure to object within twenty one days from the date of the notice,\n(b) if he objects-\n(i) he is allowed to withdraw his share, if he is a member, or\n(ii) that his debt or claim has been discharged or has been determined or has been secured to the satisfaction of the Registrar within three months from the date of receipt of objection if he is a creditor:",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Reorganisation of Societies.",
"chapter": null,
"content": "(a) \"affected society\" means a society which decides to reorganise itself in any of the manners specified in sub-section (2); and\n(b) \"resulting society\" means a society-\n(i) which is formed as a result of amalgamation under clause (a) of sub-section (2); or\n(ii) to which the assets and liabilities of the affected societies are transferred in whole or in part under clause (b) sub-section (2); or\n(iii) which is formed as a result of division under clause (c) of sub-section (2); or\n(iv) which is the result of change of class as provided in clause (d) of sub-section (2).\n(a) amalgamating itself with another society; or\n(b) transferring its assets and liabilities in whole or in part to any other society; or\n(c) dividing itself into two or more societies; or\n(d) converting itself into a class of society, the object of which is materially different from that under which it has been classified under this Act :\nExplanation.",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "16A",
"title": "16A. Collaboration by Societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "16B",
"title": "16B. Partnership of societies.",
"chapter": null,
"content": "[16C. Government's power to make scheme of reorganization in the public interest.\n(a) Method of reorganization;\n(b) Procedure for reorganization;\n(c) To the membership, registration, management, assets and liabilities, powers, rights, interests, duties, staff and conditions of employment of such society or societies which are made after reorganization;\n(d) Such other consequential, incidental and supplementary provisions as may be necessary;\n(e) Any other subject as may be deemed necessary by the State Government.",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "17",
"title": "17. Compromise or arrangement for repayment of liabilities and reconstruction of societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "17A",
"title": "17A. Action and liability of Banks under moratorium.",
"chapter": null,
"content": "(i) for the reconstruction or re-organisation of the Co-operative Bank; or\n(ii) for the amalgamation of the Co-operative Bank with any other Bank.",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "17B",
"title": "17B. Liability of new Bank to repay to the Deposit Insurance Corporation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "18",
"title": "18. Cancellation of registration.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "18A",
"title": "18A. De-registration of Societies.",
"chapter": null,
"content": "Chapter III\nMembers, Their Rights, Liabilities and Privileges",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "19",
"title": "19. Persons who may become members.",
"chapter": null,
"content": "(a) an individual competent to contract under Section 11 of the Indian Contract Act, 1872 (No. 9 of 1872);\n(b) any other society;\n(c) a public trust registered under the Chhattisgarh Public Trusts Act, 1951 (No. 30 of 1951);\n(d) a firm, company or any other body corporate, not having minors as partners or directors, registered established or constituted, as the case may be, under any law for the time being in force;\n(e) a society registered under the Chhattisgarh Societies Registration Act, 1959 (No. 1 of 1960), as may be approved by the State Government in this behalf by general or special order;\n(f) the State Government :\n(i) an individual seeking admission to a society exclusively formed for the benefit of students;\n(ii) a minor acting through a guardian appointed by the Court.",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "19A",
"title": "19A. Disqualifications of member.",
"chapter": null,
"content": "(a) he is an applicant to be adjudicated or is an undischarged insolvent;\n(b) he has been sentenced for an offence involving moral turpitude and a period of five years has not elapsed from the date of expiry of sentence;\n(bb) he has been sentenced for an offence under the provisions of the Protection of Civil Rights Act, 1955 (No. 22 of 1955) and a period of six years has not elapsed from the date of expiry of sentence.\n(c) he or any member of his family, having common interest with him, carries on business similar to one carried on by the society :\n(d) If he is disqualified under Section 48-A of the Act;\n(e) If he is a person who has been dismissed from the service of any co-operative institution or Government service.\n(f) In case of a Primary Agriculture Credit Co-operative Society, he is not a Bhumiswami, occupancy tenant or a Government lessee holding agricultural land :\nExplanation.\n(i) \"Vimukta Jatis\" means such tribes as the State Government may, from time to time, by general or special order, declare as Vimukta Jatis for the purpose of this sub-section;\n(ii) the business carried on by a trader including that of money lending shall be deemed to be similar to the business carried on by a marketing society.",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "19B",
"title": "19B. Effect of subsequent disabilities.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "19C",
"title": "19C. Expulsion of members.",
"chapter": null,
"content": "(a) intentionally does any act likely to injure the credit of the society or bring it to disrepute; or\n(b) wilfully deceives the society by false statements; or\n(c) carries on any business which comes or is likely to come into conflict with the business carried on by the society; or\n(d) persistently makes default in payment of his dues or fails to comply with any provisions of the bye-laws :\n[19D.\n[19E. Education of members, etc.",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "20",
"title": "20. Nominal members.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "21",
"title": "21. No rights of membership to be exercised till due payments are made.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "22",
"title": "22. Votes of members.",
"chapter": null,
"content": "(b) In case of federal society the voting rights of individual members (which term shall include public trust, firm, company or body corporate, society registered under the Chhattisgarh Society Registrikaran Adhiniyam, 1973 (No. 44 of 1973), and State Government but shall not include a Co-operative society) shall be regulated in such manner as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "23",
"title": "23. Manner of exercising vote.",
"chapter": null,
"content": "(i) (a) a society which is a member of another society may appoint one of its members as a representative to vote on its behalf,\n(b) a group of individual members formed by the society in accordance with its bye-laws may elect one of the members in the group as a delegate to vote on their behalf.\n(ii) the State Government may nominate one of its officers as its representative, to vote or otherwise participate in its behalf in the affairs of the society of which such society or the State Government is a member;\n(iii) a public trust which is a member of a society may appoint, in writing, any one of its trustees to vote on its behalf;\n(iv) a firm which is a member of a society may appoint, in writing, any one of its major partners to vote on its behalf; and\n(v) a company or any other body corporate which is a member of a society may appoint, in writing, any of its directors or officers to vote on its behalf.\n(i) in respect of such share a share certificate is issued by the society, the person whose name stands first in such share certificate; and\n(ii) in respect of such share no share certificate is issued by the society, the person whose name stands first in the register of members maintained by such society; shall have the right to vote.",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "24",
"title": "24. Restriction on holding of share capital by a member.",
"chapter": null,
"content": "(a) hold more than such portion of the total share capital of the society not exceeding one-fifth thereof as may be prescribed; or\n(b) have or claim any interest in the shares of the society exceeding twenty thousand rupees:",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "25",
"title": "25. Restrictions on transfer of shares or interest.",
"chapter": null,
"content": "(a) the member has held such share or interest for not less than one year;\n(b) the transfer is made to the society or to a member of the society; and\n(c) the transfer is approved by the Committee.",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "26",
"title": "26. Transfer of interest on death of member.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "27",
"title": "27. Share or deposit or interest not liable to attachment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "28",
"title": "28. Rights of members to see books, etc.",
"chapter": null,
"content": "(a) a copy of this Act;\n(b) a copy of the rules;\n(c) a copy of the bye-laws of the society; and\n(d) a register of members.\n(e) the last audited annual balance sheet, the profit and loss account; and\n(f) the minutes of the general meetings.",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "29",
"title": "29. Liability of a past member or estate of deceased member.",
"chapter": null,
"content": "(a) in case of a past member, on the date on which he ceased to be a member, and\n(b) in case of a deceased member, on the date of his death; shall continue for a period of two years from such date.",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "30",
"title": "30. Insolvency of members.",
"chapter": null,
"content": "Chapter IV\nDuties, Privileges, Property and Funds of Societies",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "31",
"title": "31. Societies to be bodies corporate.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "32",
"title": "32. Address of society and display of name.",
"chapter": null,
"content": "(a) at every office or place at which it carries on business;\n(b) in all notices and other official publications;\n(c) on all its contracts, business letters, orders for goods, invoices, statements of account, receipts and letters of credit; and\n(d) on all bills of exchange, promissory notes, endorsement, cheques and orders for money it signs or that are signed on its behalf.\n(i) communicate the changed address to the Registrar, or\n(ii) carry on the business at its registered address, or\n(iii) maintain the records at its registered address.",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "33",
"title": "33. Register of members.",
"chapter": null,
"content": "(a) the name, address and occupation of each member;\n(b) the share held by each member in the case of a society having share capital;\n(c) the date on which each person was admitted as a member;\n(d) the date on which any person ceased to be a member; and\n(e) such other particulars as may be prescribed:",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "34",
"title": "34. Proof of entries in society's books.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "34A",
"title": "34A. Societies to give pass books to member.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "35",
"title": "35. Exemption from compulsory registration of instruments.",
"chapter": null,
"content": "(a) any instrument relating to shares in a society notwithstanding that the assets of the society consist in whole or in part of immovable property; or\n(b) any debentures issued by any such society and not creating, 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 instruments whereby the society has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or\n(c) any endorsement upon, or transfer of, any debenture issued by any such society; or\n(d) any declaration made by a member in favour of a society for creating a charge on land under Section 41 and its assignment by the said society in favour of the financing bank or the federal society to which it is affiliated and further assignment by such society to which it is affiliated and further assignment by such financing bank or federal society in favour of the Chhattisgarh State Co-operative Bank Ltd., or any other federal society.\nExplanation.",
"footnote": "",
"is_definition": false,
"sort_order": 43
},
{
"number": "36",
"title": "36. Borrowings.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "37",
"title": "37. Restrictions on loans.",
"chapter": null,
"content": "(a) any person who is not a member;\n(b) any member on the security of its own shares;\n(c) any member on the security of a non-member :",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "38",
"title": "38. Restrictions on other transactions with non-members.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "39",
"title": "39. Charge and set-off in respect of share or interest of members.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "40",
"title": "40. Prior claim of society on certain assets.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "41",
"title": "41. First charge of co-operative societies on certain assets.",
"chapter": null,
"content": "(a) the land owned by such member or past member or forming part of the estate of the deceased member, as the case may be; and\n(b) his interest in any land as a tenant if such member owns such interest;\n(i) a Co-operative Land Development Bank; or\n(ii) a bank under the Chhattisgarh Krishi Udhar Pravartan Tatha Prakirn Upbandh (Bank) Adhiniyam, 1972 (No. 32 of 1973); or\n(iii) the State Government such land or any part thereof under the rules made under the Chhattisgarh Irrigation Act, 1931 (No. 3 of 1931), for supply of water from a canal to such land or any part thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 49
},
{
"number": "41A",
"title": "41A. Right of society to acquire and dispose of immovable property.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "42",
"title": "42. Deduction from salary to meet society's claim in certain cases.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 51
},
{
"number": "43",
"title": "43. Funds and profits.",
"chapter": null,
"content": "(a) transfer an amount not being less than twenty-five per cent of such profits to the reserve funds unless such society has been, by general or special order, partially or wholly exempted in this behalf by the Registrar; and\n(b) pay to the Chhattisgarh Co-operative Union Ltd. and to such other institutions or unions as may be specified by the Registrar in this behalf, such contribution as may be prescribed.\n(c) transfer at least twenty per cent to an equity redemption fund by such societies which have Government equity participation.",
"footnote": "",
"is_definition": false,
"sort_order": 52
},
{
"number": "43A",
"title": "43A. Appropriation of profits.",
"chapter": null,
"content": "(a) all overdue interest accrued on loan accounts.\n(b) management charges;\n(c) interest payable on loans and deposits;\n(d) audit fee;\n(e) working expenses, including repairs, rent, taxes;\n(f) depreciation;\n(g) bonus payable to employees under the Payment of Bonus Act, 1965 (No. 21 of 1965);\n(h) provision for payment of income-tax;\n(i) provision for payment of subscription to the State/District Cooperative Union as may be notified;\n(j) provision for development fund, bad debt fund, price fluctuation fund, dividend equalisation fund, investment fluctuation fund and such other funds as may be specified by the Registrar in this behalf;\n(k) provision for retirement benefits to employees and in the case of societies engaged in consumer goods business, provision for purchase rebate to be paid to the members; and\n(l) provision for writing off bad debts and losses not adjusted against any fund created out of profits.\n(m) provision for non performing assets, as may be specified from time to time by the Registrar in consultation with the Reserve Bank of India and National Bank for Agriculture and Rural Development.",
"footnote": "",
"is_definition": false,
"sort_order": 53
},
{
"number": "43B",
"title": "43B. Liability for deficit.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 54
},
{
"number": "44",
"title": "44. Investment of funds.",
"chapter": null,
"content": "(a) in savings account of Government Post-office or Government securities; or\n(b) in any Bank or financial institution regulated by Reserve Bank; or\n(c) in any of the securities specified in section 20 of the Indian Trusts Act, 1882 (II of 1882); or\n(d) with the federal society of which it is a member or in the purchase of the share thereof; or\n(e) with any other society with limited liability or in the purchase of the shares or securities or debentures thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 55
},
{
"number": "45",
"title": "45. Grant of State aid to societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 56
},
{
"number": "46",
"title": "46. Employees' Provident Fund.",
"chapter": null,
"content": "(a) shall not be used in the business of the society;\n(b) shall not form part of the assets of the society;\n(c) shall not be liable to attachment or be subject to any other process of any Court or other authority; and\n(d) shall be administered in such manner as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 57
},
{
"number": "47",
"title": "47. Power to direct affiliation to Federal Society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 58
},
{
"number": "47A",
"title": "47A. Apex Society.",
"chapter": null,
"content": "(a) safeguard the observance of the co-operative principles;\n(b) promote and organise co-operative societies and for these purposes, frame model bye-laws and guidelines for making various regulation and policies for consideration by the societies;\n(c) provide co-operative training, education and information, and propagate co-operative principles;\n(d) undertake research and evaluation and assist in preparation of perspective development plans of member societies;\n(e) promote harmonious relations between member societies;\n(f) help member societies in the settlement of disputes among themselves and between a society and its members;\n(g) represent the interest of member societies and lobby for policies and legislation favourable to societies;\n(h) undertake business services on behalf of its members;\n(i) provide co-operation and management of development services to member societies including participation in board meeting where member societies are invited;\n(j) ensure timely conduct of annual audit in member societies;\n(k) ensure timely conduct of elections in member societies;\n(l) assist member societies in regular conduct of general meetings;\n(m) evolve code of conduct for observance by member societies;\n(n) evolve viability norms for member societies;\n(o) provide legal aid and advice to member societies;\n(p) provide any other service in the interest of member societies.\nChapter V\nManagement of Societies",
"footnote": "",
"is_definition": false,
"sort_order": 59
},
{
"number": "48",
"title": "48. Final authority in society.",
"chapter": null,
"content": "(i) One shall be held by a woman member, and\n(ii) One shall be held, if the chairman is not elected from amongst persons belonging to Scheduled Castes, Scheduled Tribes and other Backward Classes, by a person belonging to these categories and otherwise, by any person:\nExplanation.\n(i) \"Scheduled Caste\" means any caste, race or tribe or part of or group within a caste, race or tribe specified as such in relation to the State of Chhattisgarh under article 341 of the Constitution of India.\n(ii) \"Scheduled Tribe\" means any Tribe, Tribal community or part of or group within a tribe or tribal community specified as such in relation to the State of Chhattisgarh under Article 342 of the Constitution of India.\n(b) In a Co-operative society, no member shall qualified for election as member of the board, delegate or representative and entitled to vote in any election of the board, delegate or representative of the co-operative society unless he has availed minimum level of services by such society as may be prescribed in this regard from time to time.]",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "48A",
"title": "48A. Disqualification for holding specified office.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 61
},
{
"number": "48AA",
"title": "48AA. Disqualification for membership of Board of Directors and for representation.",
"chapter": null,
"content": "(i) it shall be lawful for the Board of Directors of the society to disqualify such member where he is elected as a Director , being a member of that society, after giving him a reasonable opportunity of being heard, within two months from the date of coming to the notice of the society, from holding the post.\n(ii) if, the member incurs a disqualification in the higher level society, for his actions as a representative, such higher level society shall take action to disqualify him for holding the post in the higher level society, and if the society fails to take action, the Registrar shall disqualify such member from holding such post by an order in writing, after giving him reasonable opportunity of being heard.\nExplanation.",
"footnote": "",
"is_definition": false,
"sort_order": 62
},
{
"number": "48B",
"title": "48B. Representatives and Delegates.",
"chapter": null,
"content": "(b) In a society where not less than two-third of the members belong to other Backward Classes, the representative shall be from amongst the members belonging to such classes.",
"footnote": "",
"is_definition": false,
"sort_order": 63
},
{
"number": "48C",
"title": "48C. Powers of committee.",
"chapter": null,
"content": "(a) admit and terminate membership;\n(b) elect the Chairman and other office bearers;\n(c) remove from office the Chairman and office bearers;\n(d) fix staff strength with the approval of the Registrar;\n(e) frame policies concerning-\n(i) organisation and provisions for services to members;\n(ii) qualifications, recruitment, service conditions of the staff and other matters relating to staff with the approval of the Registrar;\n(iii) mode of custody and investment of funds;\n(iv) manner of keeping accounts;\n(v) mobilisation, utilisation and investment of funds;\n(vi) monitoring and management of information system including statutory returns to be filed;\n(f) place the annual report, annual financial statements, plan and budget for the approval of the general body;\n(g) consider audit and compliance reports and place the same before the general body; and\n(h) undertake such other functions as specified in the bye-laws:",
"footnote": "",
"is_definition": false,
"sort_order": 64
},
{
"number": "49",
"title": "49. Annual General Meeting.",
"chapter": null,
"content": "(a) approval of the programme of the activities of the society prepared by the committee for the ensuing year;\n(b) Election, if fallen due, of the members of the committee.\nExplanation.\n(c) consideration of the audit report, if received and the annual report;\n(d) disposal of the net profit;\n(e) consideration of any other matter which may be brought forward in accordance with the bye-laws; and\n(f) presenting the budget for the next co-operative year :\n[(g) appointment of Auditor for next financial year.]\nExplanation.\n(ii) The term of the representative elected by the committee of the society shall be co-terminus with the term of the committee of the society for which representative is elected :\n(b) Such minutes shall be circulated to all the persons invited for the meeting, within thirty days from the conclusion of the meeting.\n(c) The minutes so recorded shall be signed by the person who presided over the said meetings.\n49A.",
"footnote": "",
"is_definition": false,
"sort_order": 65
},
{
"number": "49B",
"title": "49B. Annulment of proceedings of society by successor committee.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 66
},
{
"number": "49C",
"title": "49C. Government's powers to give directions in public interest, etc.",
"chapter": null,
"content": "(i) in case of a committee, proceed against such committee in accordance with the provisions of Section 53; and\n(ii) in case of a person, if the person is a member of committee of the society or an employee of the society, proceed against such person in accordance with the provisions of Section 53-B or the rules framed under sub-section (1) of Section 55 as the case may be :",
"footnote": "",
"is_definition": false,
"sort_order": 67
},
{
"number": "49D",
"title": "49D. Registrar's power to give directions to make regulations.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 68
},
{
"number": "49E",
"title": "49E. Appointment of Managing Director and Chief Executive Officer in certain circumstances.",
"chapter": null,
"content": "(b) The Managing Director shall be ex-officio member of the committee.\n(b) The Chief Executive Officer shall be appointed :\n(i) from among the Officers of the cadre maintained under Section 54 if such a cadre has been created;\n(ii) in other cases with the prior approval of the Registrar.\n(c) The Chief Executive Officer shall perform such duties and exercise such powers as may be prescribed.\n[49F. Removal of member of Board of Society by General Body in certain circumstances.",
"footnote": "",
"is_definition": false,
"sort_order": 69
},
{
"number": "50",
"title": "50. Special General Meeting.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "50A",
"title": "50A. Disqualification for being candidate or voter for election to committee or representative or delegate of society.",
"chapter": null,
"content": "[50B. State Co-operative Election Commission.\n(b) The Commission shall appoint a Retuning Offerer in the\nmanner, as may be prescribed, to conduct election to the Board of a society and its office-bearers and also to fill up casual vacancies as provided in Section 49 of this Act and the Commission, if it thinks necessary, may also appoint zonal or other officers for the purpose of supervision and control of election.\n(b) The Commission shall conduct elections of all co-operative societies registered under the Act in such manner, as may be prescribed.\n(c) The outgoing Board of every co-operative society shall send a written request in such manner, as may be prescribed, to the Commission to conduct the election of its Board within six months prior to the expiry of the term of the existing Board.\n(d) On receipt of the request under clause (c), the Commission shall ensure that the election is conducted before the expiry of the term of existing Board.\n(e) It shall be the duty of the Board to ensure that all information, books and records, which may be required by the Commission for the purpose of election, are kept up dated and made avail-able in time to the Commission or any official authorized by it for this purpose.\n(f) The Board shall also ensure that all assistance to the Commission is provided as and when required by it for conduct of the election.",
"footnote": "",
"is_definition": false,
"sort_order": 71
},
{
"number": "51",
"title": "51. Validation of acts.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 72
},
{
"number": "52",
"title": "52. Power to appoint Government nominees.",
"chapter": null,
"content": "(a) where the total amount of issued equity share capital held by the State Government is less than twenty-six per cent of the total issued equity share capital, one member of the Board of Directors;\n(b) where the total amount of issued equity share capital held by the State Government is twenty-six per cent or more but less than fifty one per cent. Of the total issued equity share capital, two members of the Board of Directors;\n(c) where the total amount of issued equity share capital held by the State Government is fifty-one per cent or more of the total issued share capital, three members of the Board of Directors:\nExplanation.\nExplanation.\n(a) in the case of co-operative credit structure the share capital of the State Government shall not be more than twenty five percent of the issued equity share capital;\n(b) in the case of Co-operative Bank, if the State Government has contributed to the share capital of the bank, there shall be only one nominee of the State Government in the Board of Directors of the Bank;\n(c) there shall be no nominee of the State Government in the Board of Directors of Primary Agriculture Credit Co-operative Society.\n52A.\n[52B.\nOLD LAW 6",
"footnote": "",
"is_definition": false,
"sort_order": 73
},
{
"number": "52B",
"title": "52B. Representation of women members on committee.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 74
},
{
"number": "53",
"title": "53. Supersession of committee.",
"chapter": null,
"content": "(a) is in persistent default; or\n(b) is negligent in the performance of the duties imposed on him/her by or under this Act or bye-laws of the Society or by any lawful order passed by the Registrar or is unwilling to perform such duties; or\n(c) commits acts which are prejudicial to the interest of the Society or its members; or\n(d) violates the provisions of this Act or rules made thereunder or bylaws of the Society;",
"footnote": "",
"is_definition": false,
"sort_order": 75
},
{
"number": "53A",
"title": "53A. Taking over of charge.",
"chapter": null,
"content": "(i) the committee of a society is reconstituted at a general meeting of the society under Section 49; or\n(ii) the term of the committee of a society expires in pursuance of an order issued under clause (iii) of sub-section (7-A) of Section 49; or\n(iii) the committee of a society is removed or suspended or ceases to function under Section 53; or\n(iv) the society is ordered to be wound up under Section 69, the person or persons entitled to receive the charge of the committee or society, as the case may be, shall assume charge-\n(a) from the date of election of a committee at the general meeting in case of (i) above;\n(b) from the date of order issued by the State Government under clause (iii) of sub-section (7-A) of Section 49 in case of (ii) above;\n(c) from the date of order of the Registrar appointing him/them to manage the affairs of the society in case of (iii) above, and\n(d) from the date of order of the Registrar appointing a liquidator in case of (iv) above;",
"footnote": "",
"is_definition": false,
"sort_order": 76
},
{
"number": "53B",
"title": "53B. Power of the Registrar to remove an Officer of a society in certain circumstances.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 77
},
{
"number": "54",
"title": "54. Appointment of Managers, Secretaries and other officers.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 78
},
{
"number": "55",
"title": "55. Registrar's power to determine conditions of employment in societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 79
},
{
"number": "56",
"title": "56. Registrar's power to enforce performance of obligation.",
"chapter": null,
"content": "(i) Annual report of its activities;\n(ii) Its audited statements of accounts;\n(iii) Plan for surplus disposal as approved by the general body of the society;\n(iv) List of amendments to the bylaws of the society, if any;\n(v) Declaration regarding date of holding of its general body meeting and conduct of election when due; and\n(vi) Any other information required by the Registrar in pursuance of any provision of this Act.]",
"footnote": "",
"is_definition": false,
"sort_order": 80
},
{
"number": "57",
"title": "57. Registrar's power to seize records, etc.",
"chapter": null,
"content": "(a) the records, registers or the books of accounts of society are likely to be tampered with or destroyed and the funds and property of a society are likely to be misappropriated or misapplied, or\n(b) if the committee of a society is reconstituted at a general meeting of the society or the committee of a society is removed by the Registrar under Section 53 or if the society is ordered to be wound up under Section 69 and the outgoing members of the committee refuse to handover charge of the records and property of the society to those having to, or entitled to, receive such charge;",
"footnote": "",
"is_definition": false,
"sort_order": 81
},
{
"number": "57A",
"title": "57A. Taking possession of record and property.",
"chapter": null,
"content": "[Chapter V-A]\nProvision Regarding Short Term Cooperative Credit Structure Societies",
"footnote": "",
"is_definition": false,
"sort_order": 82
},
{
"number": "57B",
"title": "57B. Management of short term Co-operative Credit Structure Societies.",
"chapter": null,
"content": "(i) \"Affiliating Society\" means a society of which another society or co-operative is a member;\n(ii) \"Co-operative\" means a co-operative as defined under Section 2(f) of Chhattisgarh Swayatta Sahakarita Adhiniyam, 1999 (No. 2 of 2000);\n(iii) \"National Bank\" means the National Bank for Agriculture and Rural Development established under Section 3 of the National Bank for Agriculture and Rural Development Act, 1981 (61 of 1981);\n(iv) \"Secondary Co-operative\" means a co-operative registered under Chhattisgarh Swayatta Sahakarita Adhiniyam, 1999 (No. 2 of 2000) of which another cooperatives or society is a member;\n(v) \"Short term co-operative credit structure society\" includes the State Co-operative Bank, a Central Cooperative Bank and a Primary Agricultural Credit Cooperative Society.\n(b) A co-operative registered under Chhattisgarh Swayatta Sahakarita Adhiniyam, 1999 (No. 2 of 2000) may become the member of an affiliating society registered under this Act.\n(b) If the Registrar is satisfied that the proposed bylaws or the amendments to the bylaws are contrary to the provisions of the Act and the rules made thereunder he shall reject the same duly recording his reasons thereon within thirty days from the date of receipt of the application.\n(b) An individual or a group of borrower shall have the right to become member of a primary agricultural credit co-operative society under sub-section (1) of Section 19.\n(c) Every group of depositor or a group of borrower admitted, as member under sub-section (1) of Section 19, shall be entitled to vote through a delegate nominated by such group.\n(i) interest rates on deposits and loans in conformity with and subject to Reserve Bank's guidelines,\n(ii) borrowings and investments,\n(iii) loan, policies and individual loan decisions.\n(iv) personnel policy, staffing, recruitment, posting and remuneration to staff, and\n(v) internal control systems, appointment of auditors and compensation for the audit.\n(b) (i) There shall be only one nominee of the State Government in the board of a primary agricultural credit co-operative society if the State Government has subscribed to its share capital:\n(ii) A short term co-operative credit structure society shall have full freedom to transact with other societies registered under this Act or co-operatives registered under the Chhattisgarh Swayatta Sahakarita Adhiniyam, 1999 (No. 2 of 2000).\n(i) is a person who represents a society other than a primary agricultural credit co-operative society on the board of a Central Co-operative Bank or the State Co-operative Bank, if the society he represents has committed a default towards the payments of such bank for a period exceeding ninety days;\n(ii) is a person who committed a default towards the payments to a primary agricultural credit co-operative society or represents a primary agricultural credit cooperative society on the board of a Central Co-operative Bank or the State Co-operative Bank, it the society he represents has committed a default towards the payments of such bank for a period exceeding one year unless the default has been cleared;\n(iii) is a person, who represents a society whose board is superseded.\n(b) The board of a primary agricultural credit co-operative society may be superseded only on any of the following grounds, if-\n(i) the society incurs losses for three consecutive years;\n(ii) serious financial irregularities as proven in enquiry for the purpose;\n(iii) fraud has been identified;\n(iv) lack of quorum in three consecutive meetings.\n(b) The State Election Commission shall conduct elections to a short term co-operative credit structure society within six months in case of Primary Agricultural Credit Co-operative Society and twelve months in case of State Co-operative Banks and Central Co-operative Banks from the date of its supersession:\n(c) A member of the board of a primary agricultural credit cooperative society which has been superseded under this Act shall not be entitled to contest the election again for a period of three years from the date of supersession:\n(b) If any person who, in the opinion of the Reserve Bank, has been co-opted as a member of the board under clause (a) of this subsection without having requisite knowledge or experience as stipulated by the Reserve Bank, he shall on being advised by the Reserve Bank or the National Bank, be removed from the office after giving him a reasonable opportunity of being heard.\n(i) The nominee of State Government on the board.\n(ii) The nominee of the National Bank on the board.\n(iii) One other member of the board whether elected or co-opted.\n(ii) The Registrar shall ensure that the liquidator or the Administrator, as the ease may be, is appointed within one month of being so advised by the Reserve Bank for winding up or supersession.\n(iii) Where in the opinion of the Reserve Bank, the functioning of the Chief Executive Officer of the State Co-operative Bank or a Central Co-operative Bank, as the case may be, is such that it is not desirable in the interest of the bank to continue the person as the Chief Executive Officer of the bank, it may require the registrar to remove the Chief Executive Officer; and the registrar shall proceed forthwith to remove such Chief Executive Officers after giving a reasonable opportunity of being heard.\n(iv) Where in the opinion of the Reserve Bank, a person does not possess the requisite special knowledge specified by it, the Registrar shall on being advised by the Reserve Bank, proceed forthwith to remove such co-opted member after giving a reasonable opportunity of being heard.\n[CHAPTER V-B]\nInsured Co-operative Bank",
"footnote": "",
"is_definition": false,
"sort_order": 83
},
{
"number": "57C",
"title": "57C. Insured Co-operative Bank.",
"chapter": null,
"content": "(i) An order for winding up, or an order sanctioning a scheme of compromise or arrangement or of amalgamation or re-construction of the bank, may be made by the Registrar of Co-operative societies or any other Competent Authority, only with the previous sanction in writing of the Reserve Bank;\n(ii) An order for winding up of the bank shall be made by the Registrar of Co-operation Societies or any other Competent Authority, if so required by the Reserve Bank in the circumstances referred to in Section 13D of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (No. 47 of 1961);\n(iii) If so required by the Reserve Bank in 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 by Registrar of Co-operative Societies or any other Competent Authority 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 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;\n(iv) An order for winding up of the bank or an order sanctioning a scheme of compromise or arrangement or of amalgamation or reconstruction or an order for the supersession of the committee of management or other managing body (by whatever name called) of the bank of the appointment of an administrator therefor made with the previous sanction in writing or on the requisition of the Reserve Bank shall not be liable to be called in question in any manner; and\n(v) The liquidator or the insured bank or the transferee bank, as the case may be, shall be under an obligation to repay the Deposit Insurance and Credit Guarantee Corporation in the circumstances, to the extent and in the manner referred to in Section 21 of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (No. 47 of 1961).]\nChapter VI\nAudit, Inquiry, Inspection and Supervision\n[58. Audit of Accounts.\n(i) the State Government may, by notification, for reasons to be specified therein exempt any class of societies to pay such fees;\n(ii) the Registrar shall lay down the minimum qualification and experience of such Auditor of auditing firms referred to in sub-section (1);\n(iii) the accounts of every society shall be audited within six months of the close of the financial year to which such accounts relate and the accounts of the societies shall be maintained by the societies concerned in such a manner as may be prescribed by the Registrar in this regard;\n(iv) the Auditors, to conduct the audit of the accounts of the society referred to in sub-section (1) shall be appointed by the general body of the society concerned amongst the panel of Auditor or auditing firms approved by the Registrar in this behalf:",
"footnote": "",
"is_definition": false,
"sort_order": 84
},
{
"number": "58A",
"title": "58A. Audit Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 85
},
{
"number": "58B",
"title": "58B. Procedure for making good, losses caused to a society.",
"chapter": null,
"content": "(a) is about to dispose of the whole or any part of his property; or\n(b) is about to remove the whole or any part of his property from the jurisdiction of the Registrar,",
"footnote": "",
"is_definition": false,
"sort_order": 86
},
{
"number": "59",
"title": "59. Inquiry.",
"chapter": null,
"content": "(i) a society to which the society is affiliated; or\n(ii) a creditor to whom the society is indebted; or\n(iii) not less than one third of the members of the committee; or\n(iv) not less than one-tenth of the total number of members of the society\n(i) to the society concerned;\n(ii) to the applicants or the person designated by the applicants to receive such a report;\n(iii) to any member of a society;\n(iv) to a federation of which the society is a member; or\n(v) to a creditor;",
"footnote": "",
"is_definition": false,
"sort_order": 87
},
{
"number": "59A",
"title": "59A. Duty of certain persons to assist enquiry.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 88
},
{
"number": "60",
"title": "60. Inspection of books of society.",
"chapter": null,
"content": "(a) satisfies the Registrar that the debt is a sum then due and that he has demanded payment thereof and has not received satisfaction within a reasonable time; and\n(b) deposits with the Registrar such sum as security for the costs of the proposed inspection as the Registrar may require.\n(a) where the inspection is made of his own motion, to the society; and\n(b) where the inspection is made on the application of a creditor, to the creditor and the society.",
"footnote": "",
"is_definition": false,
"sort_order": 89
},
{
"number": "61",
"title": "61. Rectification of defects.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 90
},
{
"number": "62",
"title": "62. Costs of inquiry.",
"chapter": null,
"content": "(a) no order of apportionment of the costs shall be made under this section unless the society or the person sought to be made liable to pay the costs thereunder has had a reasonable opportunity of being heard;\n(b) the Registrar shall state in writing the grounds on which the costs are apportioned.\n63.",
"footnote": "",
"is_definition": false,
"sort_order": 91
},
{
"number": "63A",
"title": "63A. Expenditure on proceedings, etc.",
"chapter": null,
"content": "Chapter VII\nDisputes and Arbitration",
"footnote": "",
"is_definition": false,
"sort_order": 92
},
{
"number": "64",
"title": "64. Disputes.",
"chapter": null,
"content": "(a) a society, its committee, any past committee, any past or present officer, any past or present agent, any past or present servant or a nominee, heirs or legal representatives of any 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 deceased member of a society or of 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 business transactions and any person claiming through such a person;\n(d) a surety of a member, past member or 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; and\n(f) a creditor of a society.\n(i) a claim by a society for any debt or demand due to it from a member, past member or the nominee, heir or legal representative of a deceased member, whether such debt or demand be admitted or not;\n(ii) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor as a result of the default of the principal debtor, whether such debt 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, any officer, past officer or deceased officer, any agent, past agent or deceased agent, or any servant, past servant or deceased servant, or its committee, past or present, whether such loss be admitted or not;\n(iv) a question regarding rights, etc., including tenancy rights between a housing society and its tenants or members; and\n(v) any dispute arising in connection with the election of any officer of the society or representative of the society or of composite society :",
"footnote": "",
"is_definition": false,
"sort_order": 93
},
{
"number": "65",
"title": "65. 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 six years from the date on which such member dies or ceases to be a member of the society;\n(b) when the dispute is between a society or its committee and any past committee, any past or present officer, or past or present agent, or past or present servant or the nominee, heir or the 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 the legal representative of a deceased member and when the dispute relates to any act, or omission on the part of either party to the dispute, be six years from the date on which the act or omission with reference to which the dispute arose, took place;\n(c) when the dispute is in respect of any matter touching the constitution, management or business of a society which has been ordered to be wound up under Section 69 or in respect of which a nominated committee or a person or persons has or have been appointed under Section 53, be six years from the date of the order issued under Section 69 and Section 53, as the case may be;\n(d) when the dispute is in connection with the election of any officer of a society, be forty-five days from the date of declaration of the result of such election.",
"footnote": "",
"is_definition": false,
"sort_order": 94
},
{
"number": "66",
"title": "66. Settlement of dispute.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 95
},
{
"number": "67",
"title": "67. Procedure for settlement of disputes and power of Registrar, his nominee or board of nominees.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 96
},
{
"number": "68",
"title": "68. Attachment before award.",
"chapter": null,
"content": "(a) is about to dispose of the whole or any part of his property; or\n(b) is about to remove the whole or any part of his property from the jurisdiction of the Registrar;\nChapter VIII\nLiquidation",
"footnote": "",
"is_definition": false,
"sort_order": 97
},
{
"number": "69",
"title": "69. Winding up of Societies.",
"chapter": null,
"content": "(a) where the society has not commenced working within a reasonable time of its registration or has ceased to work; or\n(b) where in the opinion of the Registrar the society has been working mainly for promoting the interest of any individual or group of individuals and not of the members generally; or\n(c) where the society has ceased to comply with any conditions as to registration or management under this Act, rules or bye-laws; or\n(d) Where the primary credit society continues to be in default by not recovering its full overdue demand from members for continuous three co-operative years and even after supersession, it fails to recover full overdue demand.",
"footnote": "",
"is_definition": false,
"sort_order": 98
},
{
"number": "69A",
"title": "69A. Winding up of Co-operative Bank.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 99
},
{
"number": "69B",
"title": "69B. Reimbursement of Deposit Insurance Corporation in case of Insured Bank.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 100
},
{
"number": "70",
"title": "70. Appointment of Liquidator.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 101
},
{
"number": "70A",
"title": "70A. Control of liquidator.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 102
},
{
"number": "71",
"title": "71. Powers of Liquidator.",
"chapter": null,
"content": "(a) to institute and defend suits and other legal proceedings on behalf of the society by the name of his office;\n(b) to determine from time to time the contribution (including debts due) to be made or remaining to be made by the members or 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;\n(c) to investigate all claims against the society, and, subject to the provisions of this Act, to decide questions of priority arising between claimants;\n(d) to pay claims against the society including interest up to the date of winding up according to their respective priorities, if any, m full or ratably, as the assets of the society may permit; the surplus, if any, remaining after payment of the claims being applied in payment of interest from the date of such order of winding up at a rate fixed by him but not exceeding the contract rate in any case;\n(e) to determine by what persons and in what proportions the costs of the liquidation are to be borne;\n(f) to determine whether any person is a member, past member or nominee of deceased member;\n(g) to give such directions in regard to the collection and distribution of the assets of the society as may appear to him to be necessary for winding up the affairs of the society;\n(h) to carry on the business of the society so far as may be necessary for the beneficial winding up of the same;\n(i) to make any compromise or arrangement with creditors or persons claiming to be creditors or having or alleging to have any claim, present or future, whereby the society may be rendered liable; and\n(j) 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 :",
"footnote": "",
"is_definition": false,
"sort_order": 103
},
{
"number": "72",
"title": "72. Disposal of surplus assets of liquidated societies.",
"chapter": null,
"content": "(a) an object of public utility or local or civic interest; or\n(b) the Chhattisgarh Co-operative Union Ltd., or any other institution or Union; or\n(c) may be placed on deposit with a Central Co-operative Bank until such time as a new society with similar conditions is registered when with the consent of the Registrar such surplus may be credited to the Reserve Fund of such new society; or\n(d) a charitable purpose as defined in Section 2 of the Charitable Endowments Act, 1890 (VI of 1890); or\n(e) to each existing member in proportion to his paid up share capital.\nChapter IX\nOffences and Penalties",
"footnote": "",
"is_definition": false,
"sort_order": 104
},
{
"number": "73",
"title": "73. Prohibition of use of word 'Co-operative'.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 105
},
{
"number": "74",
"title": "74. Offences.",
"chapter": null,
"content": "(a) a committee or an officer or member thereof wilfully makes a false report or furnishes false information or dishonestly fails to maintain accounts or dishonestly maintains false accounts; or\n(b) any person collecting share money for a society in formation does not deposit the same in the Chhattisgarh State Co-operative Bank Ltd., a Central Co-operative Bank, an Urban Co-operative Bank or a Postal Savings Bank, within fourteen days of its receipt; or\n(c) a person collecting the share money for a society in formation makes use of the funds so raised for conducting any business or trading in the name of a society to be registered or otherwise; or\n(d) any officer of a society wilfully recommends or sanctions for his own personal use or benefit or for the use or benefit of a person in whom he is interested loan in the name of any other person; or\n(e) an officer or any member destroys, mutilates, alters, falsifies or secrets or is privy to the destruction, mutilation, alteration, falsification or secreting of any books, papers or securities, or makes or is privy to the making of any false or fraudulent entry in any register, book of account or document belonging to the society; or\n(f) an officer or a member who is in possession of information, books and records, wilfully fails to furnish such information or produce such books and papers or does not give assistance to a person appointed or authorised by the Registrar under Sections 53, 58, 59, 60, 67 and 70; or\n(g) an officer wilfully fails to hand over custody of books, records, cash, security and other property belonging to the society of which he is an officer, to a person appointed under Section 53 or 70; or\n(h) a member fraudulently disposes of property over which the society has a prior claim or a member or officer or employee or any person disposes of his property by sale, transfer, mortgage, gift or otherwise with the fraudulent intention of evading the dues of the society; or\n(i) any employer and other director, manager, secretary or other officer or agent acting on behalf of such employer who, without sufficient cause, fails to comply with provisions of sub-section (2) of Section 42; or\n(j) any person acquires or abets in the acquisition of any property which is subject to a charge under sub-section (1) of Section 40; or\n(k) an officer or member of a society or any person does any act or is guilty of omission declared by the rules to be an offence; or\n[(l) any person willfully or without any reasonable excuse disobeys any summons, requisition or lawful written order issued under the provisions of this Act or rules made thereunder except as provided under sub-section (2) of section 59 of the Act; or\n(m) any employer who is authorized to make deduction from his salary and other dues for remitting the same to such cooperative society without sufficient clause; or\n(n) any person, before, during or after the election of members of the board or office hearers, adopts any corrupt practice, so declared by the state election commission.]\nExplanation.",
"footnote": "",
"is_definition": false,
"sort_order": 106
},
{
"number": "75",
"title": "75. Penalties for offences.",
"chapter": null,
"content": "(a) with fine not exceeding [Rs. 50,000] , provided that he is convicted of an offence referred to in Section 74 (a);\n(b) with fine not exceeding [Rs. 25,000] , provided that he is convicted of an offence referred to in Section 74 (b); or\n(c) with fine not exceeding [Rs. 25,000] , provided that he is convicted of an offence referred to in Section 74 (c); or\n(d) with fine not exceeding [Rs. 50,000] , provided that he is convicted of an offence referred in Section 74 (d); or\n(e) with fine not exceeding [Rs. 50,000] , provided that he is convicted of an offence referred to in Section 74 (e); or\n(f) with fine not exceeding [Rs. 25,000] , provided that he is convicted of an offence referred to in Section 74 (f); or\n(g) with fine not exceeding [Rs. 25,000] , provided that he is convicted of an offence referred to in Section 74 (g); or\n(h) with fine not exceeding [Rs. 50,000] , provided that he is convicted of an offence referred to in Section 74 (h); or\n(i) with fine not exceeding [Rs. 25,000] provided that he is convicted of an offence referred to in Section 74 (i); or\n(j) with fine not exceeding [Rs. 25,000] , provided that he is convicted of an offence referred to in Section 74 (j); or\n(k) with fine not exceeding [Rs. 25,000] , provided that he is convicted of an offence referred to in Section 74 (k) [or;] .\n[(l) with fine not exceeding Rs. 50,000, provided that he is convicted of an offence referred to in Section 74 (1); or\n(m) with fine not exceeding Rs. 50,000, in each case, provided that he is convicted of an offence referred to in Section 74 (m); or\n(n) as prescribed by State Election Commission.]",
"footnote": "",
"is_definition": false,
"sort_order": 107
},
{
"number": "76",
"title": "76. Cognizance of offences.",
"chapter": null,
"content": "[Chapter X]\nConstitution of Tribunal",
"footnote": "",
"is_definition": false,
"sort_order": 108
},
{
"number": "77",
"title": "77. Chhattisgarh State Co-operative Tribunal.",
"chapter": null,
"content": "(b) Of the other two members, one shall be an officer of co-operative department not below the rank of Additional Registrar and the other shall be non-official closely associated with the co-operative movement or an Advocate or a Pleader having practical experience in the cooperative movement for a period of not less than fifteen years:\n(b) A person who has held office as tire Chairman or a member, for a period mentioned in clause (a) shall be eligible for reappointment.\n(c) The Chairman or member of the Tribunal may, at any time, resign his office.\n(d) The Chairman or a member of Tribunal may with the permission of the State Government held any other office appointment of not in consist With his position on the Tribunal.\n(b) Till the vacancy in the office of the Chairman is filled under sub-section (1), the senior most member shall act as the Chairman of the Tribunal.",
"footnote": "",
"is_definition": false,
"sort_order": 109
},
{
"number": "77A",
"title": "77A. Review.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 110
},
{
"number": "77B",
"title": "77B. Tribunal to exercise powers of a civil court.",
"chapter": null,
"content": "(a) proof of facts by affidavits;\n(b) summoning and enforcing the attendance of any person and examining him on oath;\n(c) compelling discovery or the production of any document; and\n(d) issuing commissions for the examination of witnesses.",
"footnote": "",
"is_definition": false,
"sort_order": 111
},
{
"number": "78",
"title": "78. Appeals before the Registrar and Tribunal.",
"chapter": null,
"content": "(a) If such order is passed by any officer subordinate to Registrar other than Additional Registrar or Joint Registrar, whether or not the officer passing the order is invested with the powers of the Registrar, to the Registrar;\n(b) If such order is passed by the Registrar, Additional Registrar or Joint Registrar, to tire Tribunal.\n(i) that the order is contrary to law; or\n(ii) that the order has failed to determine some material issue of law; or\n(iii) that there has been a substantial error or defect in the procedure as prescribed by this Act which may have produced error or defect in the decision of the case upon merits.",
"footnote": "",
"is_definition": false,
"sort_order": 112
},
{
"number": "78A",
"title": "78A. Extension of period of limitation by appellate authority in certain cases.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 113
},
{
"number": "79",
"title": "79. No appeal or review in certain cases.",
"chapter": null,
"content": "(i) an order for the winding up of a co-operative bank; or\n(ii) for a scheme of compromise or arrangement or reconstruction or re-organisation or amalgamation; or\n(iii) an order of supersession or suspension of the Board by whatever name called of a Co-operative Bank and the appointment of an of ficer-in-charge therefore, has been made.",
"footnote": "",
"is_definition": false,
"sort_order": 114
},
{
"number": "80",
"title": "80. Transferor withdrawal of cases.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 115
},
{
"number": "80A",
"title": "80A. Power of Registrar to call for proceedings of subordinate officers and board of a society and to pass order thereon.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 116
},
{
"number": "80B",
"title": "80B. Power to make interlocutory orders.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 117
},
{
"number": "80C",
"title": "80C. Stay of execution of orders.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 118
},
{
"number": "80D",
"title": "80D. Transfer of pending cases.",
"chapter": null,
"content": "Chapter XI\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 119
},
{
"number": "81",
"title": "81. Recovery of sums due to Government.",
"chapter": null,
"content": "(a) firstly, from the property of the society;\n(b) secondly, in the case of a society the liability of the members of which is limited, from the members, past members, or estates of the decreased members subject to the limit of their liability :\n(c) thirdly, in the case of other societies, from the members or past members, or estates of the deceased members :",
"footnote": "",
"is_definition": false,
"sort_order": 120
},
{
"number": "81A",
"title": "81A. Power of financing bank to proceed against defaulting members of co-operative society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 121
},
{
"number": "82",
"title": "82. Bar of jurisdiction of Courts.",
"chapter": null,
"content": "(a) the registration of a society or of bye-laws or of an amendment of a bye-law;\n(b) the removal of a committee and the management of the society after such removal;\n(c) any dispute, required to be referred to the Registrar or his nominee or board of nominees;\n(d) any matter concerning the winding up and the dissolution of a society.",
"footnote": "",
"is_definition": false,
"sort_order": 122
},
{
"number": "83",
"title": "83. Recovery of costs.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 123
},
{
"number": "84",
"title": "84. Enforcement of charge.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 124
},
{
"number": "84A",
"title": "84A. Recovery of sums due to certain societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 125
},
{
"number": "85",
"title": "85. Execution of orders, etc.",
"chapter": null,
"content": "(a) on a certificate signed by the Registrar or any person authorised by him in this behalf be deemed to be 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; or\n(c) be executed by the Registrar or any other person empowered by the Registrar in this behalf, by the attachment and transfer in the manner as may be prescribed or sale or sale without attachment of any property of the person or a society against whom the order, decision or award has been obtained or passed :\n(i) to the Collector and shall be accompanied by a certificate signed by the Registrar or by any person authorised in this behalf; and\n(ii) within five years from the date fixed in the order, decision or award and if no such date is fixed, from the date of order, decision or award, as the case may be.",
"footnote": "",
"is_definition": false,
"sort_order": 126
},
{
"number": "85A",
"title": "85A. Manner of executing order to deliver possession of immovable property.",
"chapter": null,
"content": "(a) by serving a notice on the person or persons in possession requiring him/them within such time as may appear reasonable after the receipt of the said notice, to vacate the same; and\n(b) if such notice is not obeyed, by removing or deputing a subordinate to remove any person who may refuse to vacate the same; and\n(c) if the officer removing any such person is resisted or obstructed by any person, appoint any of the officers specified in Section 3, who shall hold a summary inquiry into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause, and that such resistance or obstruction still continues may, without prejudice to any proceeding to which such person may be liable under any law for the time being in force for the punishment of such resistance or obstruction, take or cause, to be taken such steps and use or cause to be used, such force as may, in the opinion of such officer, be reasonably necessary for securing compliance with the order.",
"footnote": "",
"is_definition": false,
"sort_order": 127
},
{
"number": "86",
"title": "86. Service of notice.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 128
},
{
"number": "87",
"title": "87. Registrar and other officers etc. to be public servants.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 129
},
{
"number": "88",
"title": "88. Indemnity for acts done in good faith.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 130
},
{
"number": "89",
"title": "89. Powers of Civil Courts.",
"chapter": null,
"content": "(a) summoning and enforcing the attendance of any person and examining him on oath;\n(b) requiring the discovery and production of any document;\n(c) proof of facts by affidavits; and\n(d) issuing commissions for examination of witnesses.",
"footnote": "",
"is_definition": false,
"sort_order": 131
},
{
"number": "90",
"title": "90. Registrar or person empowered by him to be a Civil Court for certain purposes.",
"chapter": null,
"content": "91.",
"footnote": "",
"is_definition": false,
"sort_order": 132
},
{
"number": "92",
"title": "92. Companies Act not to apply.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 133
},
{
"number": "93",
"title": "93. Certain other Acts not to apply to Co-operative Societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 134
},
{
"number": "94",
"title": "94. Notice necessary in suits.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 135
},
{
"number": "95",
"title": "95. Power to make rules.",
"chapter": null,
"content": "(a) subject to the provisions of Section 3 prescribe the delegation of powers vested in the Registrar to persons appointed to assist the Registrar and prescribe the manner of forwarding the copies of the proposed amendment of the bye-laws to the Registrar.\n(b) prescribe the forms to be used and the conditions to be complied with in the making of applications for the registration of a society and the procedure in the matter of such applications;\n(c) prescribe the matters in respect of which a society may make or the Registrar may direct a society to make, bye-laws and the procedure to be followed in making, altering and abrogating bye-laws and the conditions to be satisfied prior to such making, alteration or abrogation;\n(c-1) prescribe the period for the training of a member of a society and the manner of calling upon a member of a society to attend the course of training;\n(c-2) prescribe the manner of regulating the voting right of individual member of a federal society;\n(d) prescribe the procedure to be followed and conditions to be observed for change of name or liability, reorganisation or reconstruction of society;\n(e) prescribe the conditions to be complied with by a person applying for admission or admitted as a member and provide for the election and admission of members and the payment to be made and the interest to be acquired before the exercise of the right of membership;\n(f) subject to the provisions of Section 24, prescribe the maximum number of shares or portion of the capital of a society which may be held by a member.\n(g) provide for the withdrawal or removal of members and for the payments to them;\n(h) provide for the nomination of person to whom the share or the interest of a deceased member may be paid or transferred;\n(i) provide for ascertaining the value of a share or interest of a past member or deceased member;\n(j) prescribe the payments to be made and the conditions to be complied with by members applying for loans, the period for which loans may be made, and the amount which may be lent to an individual member;\n(j-1) prescribe the proportions for reservation of seats for members belonging to scheduled castes, scheduled tribes and economically weaker sections on the committee of a resource society and provide for holding of an office of President/Chairman or Vice President/Vice-Chairman of resource society by a member belonging to the aforesaid castes, tribes or section;\n(k) provide for the inspection of documents in the office of the Registrar or of any other officer or authority and the levy of fees for granting certified copies of the same;\n(l) provide for the formation and maintenance of a register of members and where the liability of the members is limited by shares, of a register of shares and a list of members;\n(m) provide for securing that the share capital of any society shall be variable in such a way as may be necessary to secure that the share shall not appreciate in value and the necessary capital shall be available for the society as required;\n(n) prescribe the terms and conditions on which Government may make share capital contribution or give assistance, financial or other, to societies and the terms and conditions on which Government may guarantee the payment of the principal of and interest on debentures issued by societies or loans raised by them;\n(o) regulate the manner in which funds may be raised by a society or a class of societies by means of shares or debentures or otherwise and the quantum of funds so raised;\n(p) prescribe the manner of giving intimation to the Tahsildar about the details of the debt or outstanding demand owing to the society from a member, past member or deceased member;\n(q) prescribe the procedure by which a society shall calculate and write off bad debts;\n(r) provide for the formation and maintenance of reserve funds, and the objects to which such funds may be applied and for the investment and use of any fund including reserve fund under the control of a society;\n(s) prescribe the rate at which a society shall contribute towards the Chhattisgarh State Co-operative Union;\n(t) prescribe the mode of investment of funds of a society under Section 44 and the proportion of investment in any security or class of securities;\n(u) provide for the payment of contribution to any provident fund which may be established by a society for the benefit of officers and servants employed by them and for the administration of such provident fund;\n(v) provide for general meetings of the members and the procedure at such meetings and the powers to be exercised by such meetings;\n(w) provide for the appointment, suspension and removal of the members of the committee and other officers and for the appointment of a person or persons under Section 53 and prescribe procedure at meetings of the committee and for the powers to be exercised and the duties to be performed by the committee, person or persons and other officers;\n(x) prescribe qualification and disqualification for members of the committee and employees of a society or class of societies and the conditions of service subject to which persons may be employed by societies;\n(y) prescribe the returns to be submitted by society to the Registrar and provide for the person by whom and the form in which such returns shall be submitted;\n(z) provide for the person by whom and the form in which copies of documents and entries in books of societies may be certified and the charges to be levied for the supply of copies thereof;\n(aa) prescribe the accounts and books to be kept by a society and provide for the audit of such accounts and the charges, if any, to be made for such audit, and for the periodical publication of a balance sheet showing the assets and liabilities of a society;\n(bb) provide for appointment of Registrar's nominee or board of nominees, procedure to be followed in proceedings before the Registrar or his nominee or board of nominees, and for fixing and levying the expenses for determining the dispute and for enforcing the decisions or executing awards in such proceedings;\n(cc) provide for the issue and service of processes;\n(dd) prescribe the procedure for and the method of recovery of any sums due under this Act or the rules;\n(ee) prescribe the procedure to be followed for the custody of property attached under Section 68;\n(ff) prescribe the procedure and conditions for the exercise of the powers conferred under Section 71 and the procedure to be followed by a liquidator and provide for the disposal of surplus assets;\n(gg) prescribe the procedure to be followed in presenting and disposal of appeals, revision and review;\n(hh) [* * *]\n(ii) prescribe the method of communicating or publishing any order, decision or award required to be communicated or published under this Act or the rules; and\n(jj) provide for all matters required or allowed by this Act to be prescribed by rules.\n[95A. Removal of difficulties.",
"footnote": "",
"is_definition": false,
"sort_order": 136
},
{
"number": "96",
"title": "96. Repeal and savings.",
"chapter": null,
"content": "(i) any society registered or deemed to have been registered under the enactment specified in sub-section (1) shall be deemed to be registered under this Act and its bye-laws shall, so far as the same are not inconsistent with the provisions of this Act be deemed to be registered under this Act and continue in force until altered or rescinded;\n(ii) all appointments, rules and orders made, notifications and notices issued and suits and other proceedings instituted under any of the said enactments shall so far as may be, be deemed to have been respectively made, issued, and instituted under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 137
}
],
"metadata": {
"Act ID": "Last Updated 6th November, 2019 [cg093]",
"Act Number": "(Act No. 17 of 1961)",
"Enactment Date": "",
"Act Year": "1960",
"Short Title": "The Chhattisgarh Co-Operative Societies Act, 1960",
"Type": "STATE",
"Location": "Chhattisgarh"
},
"updated_at": "2026-09-29 21:55:19"
}