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The Gujarat Co-Operative Societies Act, 1961

The Gujarat Co-Operative Societies Act, 1961

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Sections

1. Short title and Commencement.

Section 1

2. Definitions.

Section 2

3. Registrar and other officers and their powers.

Section 3

4. Societies which may be registered.

Section 4

5. Registration with limited or unlimited liability.

Section 5

6. Conditions of registration.

Section 6

7. Power to exempt societies from conditions as to registration.

Section 7

8. Application for registration.

Section 8

9. Registration and provisional registration, certificate of registration.

Section 9

10. Register of societies.

Section 10

11. Power of Registrar to decide certain questions.

Section 11

12. Classification of societies.

Section 12

13. Amendments of bye-laws of societies.

Section 13

14. Power to direct amendment of bye-laws.

Section 14

15. Change of name.

Section 15

16. Change of liability.

Section 16

17. Amalgamation, transfer, division or conversion of societies.

Section 17

18. Cancellation of registration of amalgamated, divided or converted societies.

Section 18

19. Reconstruction of societies.

Section 19

20. Cancellation of registration.

Section 20

21. Partnership of societies.

Section 21

22. Person who may become member.

Section 22

23. Removal from membership in certain circumstances.

Section 23

24. Open membership.

Section 24

25. Nominal, associate and sympathiser member.

Section 25

26. Cessation of membership.

Section 26

27. No rights of membership to be exercised till due payments are made.

Section 27

28B. Provision for co-operative education and training to members.

Section 28B

29. Restrictions of holding on shares.

Section 29

30. Restrictions on transfer of share or interest.

Section 30

31. Transfer of interest on death of member.

Section 31

32. Share or interest not liable to attachment.

Section 32

33. Rights of members to see books, etc.

Section 33

34. Liability of person who has ceased to be member.

Section 34

35. Insolvency of members.

Section 35

36. Expulsion of members.

Section 36

37. Societies to be bodies corporate.

Section 37

38. Address of societies.

Section 38

39. Register of members.

Section 39

40. Copy of Act, etc. to be open to inspection.

Section 40

41. Admissibility of copy of entry as evidence.

Section 41

42. Exemption from compulsory registration of instrument relating to shares and debentures of society.

Section 42

43. Power to exempt from taxation.

Section 43

44. Restriction on borrowings.

Section 44

45. Restrictions on making loans.

Section 45

46. Restrictions on other transactions with non-members.

Section 46

47. Charge and set-off in respect of share or interest of member.

Section 47

48. Prior claim of society.

Section 48

49. Charge on immovable property of members borrowing from certain societies.

Section 49

50. Deduction from salary to meet society's claim in certain cases.

Section 50

51. Direct partnership of State Government in societies.

Section 51

52. Indirect partnership of State Government in societies.

Section 52

53. Principal State Partnership Fund.

Section 53

54. Subsidiary State Partnership Fund.

Section 54

55. Approval of State Government for purchase of shares.

Section 55

56. Liability to be limited in respect of certain shares.

Section 56

57. Restriction on amount of dividend.

Section 57

58. Indemnity of Apex and Central Societies.

Section 58

59. Disposal of share capital and dividend etc.

Section 59

60. Disposal of Principal or Subsidiary State Partnership Fund on Winding up of Apex or Central Society.

Section 60

61. Principal or Subsidiary State Partnership Fund not to form part of assets.

Section 61

62. Agreement by State Government and Apex Societies.

Section 62

63. Other forms of State aid to societies.

Section 63

64. Provision of this Chapter to override other laws.

Section 64

65. Fund not to be divided.

Section 65

66. Appropriation of profits.

Section 66

67. Reserve fund.

Section 67

70. Contribution to public purpose.

Section 70

71. Investments of funds.

Section 71

72. Employees provident fund.

Section 72

73. Final authority of society.

Section 73

74. Committee, its powers and functions.

Section 74

74B. Reservation of seats on committees of certain societies, for Scheduled Castes and Tribes and small and marginal farmers.

Section 74B

74C. Provision for conduct of elections of committees and officers of certain societies and term of office of members of committees.

Section 74C

75. Handing over records and property to new Chairman on election.

Section 75

76. Appointment of officers and employees and their conditions of service.

Section 76

77. Annual general meeting.

Section 77

78. Special general meeting.

Section 78

79. Acts of societies, etc., not to be invalidated by certain defects.

Section 79

80. Power to appoint Government nominee.

Section 80

82. Registrar's power to enforce performance of obligation.

Section 82

85. Rectification of defects in accounts.

Section 85

86. Inquiry by Registrar.

Section 86

87. Inspection of books of indebted society.

Section 87

89. Suspension of officer or servant of society.

Section 89

90. Costs of inquiry and inspection.

Section 90

91. Mode of recovery of sums imposed as penalty or awarded as costs.

Section 91

92. Registrar to bring defects disclosed in inquiry or inspection to notice of society.

Section 92

93. Power of Registrar to assess damages against delinquent, promoters, etc.

Section 93

94. Power to enforce attendance etc.

Section 94

95. Constitution or recognition of federal society to supervise working of societies.

Section 95

96. Disputes.

Section 96

97. Limitation.

Section 97

98. Settlement of disputes.

Section 98

99. Procedure for settlement of disputes and power of Registrar, his nominee or board of nominees.

Section 99

100. Attachment before award.

Section 100

101. Decision of `Registrar or his nominee or board of nominees.

Section 101

102. Appeal against decision of Registrar or his nominee or board of nominees.

Section 102

103. Money how recovered.

Section 103

104. Private transfer of property made after issue of certificate void against society.

Section 104

105. Transfer of property, which cannot be sold.

Section 105

106. Recovery of crop loans.

Section 106

107. Winding up.

Section 107

108. Appointment of Liquidator.

Section 108

109. Appeal against order of winding up.

Section 109

110. Powers of Liquidator.

Section 110

111. Effect of order of winding up.

Section 111

112. Bar of suit in winding up and dissolution matters.

Section 112

113. Audit of liquidator's accounts.

Section 113

114. Termination of liquidation proceedings.

Section 114

115. Disposal of surplus assets.

Section 115

115A. Order for winding up, reconstruction, supersession of committee, etc. of insured co-operative bank not to be made without sanction or requisition of Reserve Bank of India.

Section 115A

115B. Definitions.

Section 115B

115C. Qualifications and disqualifications for being committee member.

Section 115C

115D. Right to vote.

Section 115D

115E. Term of office of officers.

Section 115E

115F. Ensurance of certain things by committee.

Section 115F

115G. Urban Bank Credit Equalization Fund.

Section 115G

115H. Offences and their punishment and cognizance.

Section 115H

115I. Application of the provisions of Section 84 to specified bank.

Section 84

115J. Chapter to override other provisions of Act.

Section 115J

115K. Savings.

Section 115K

115L. Transitory provision.

Section 115L

116. Application of chapter to certain [Land Development Banks] .

Section 116

117. Definition.

Section 117

118. Appointment, powers and functions of Trustee.

Section 118

119. Issue of debentures.

Section 119

120. Guarantee by State Government.

Section 120

121. Vesting of property in trustee and debenture holders charge on assets.

Section 121

122. Priority of mortgage.

Section 122

123. Order granting loans conclusive of certain matters.

Section 123

124. Mortgages executed in favour of [Primary Land Development Banks] to stand vested in [State Land Development Banks] .

Section 124

125. Registration of mortgage in favour of [Land Development Banks] .

Section 125

126. Mortgages not to be questioned on insolvency of Mortgagors.

Section 126

127. Right of [Land Development Bank] to pay prior debts of mortgagor.

Section 127

128. Mortgages executed by manager's of joint Hindu Families.

Section 128

129. Restrictions on lease.

Section 129

130. Section 8 of Act XXXII of 1956 to apply to mortgages to [Land Development Banks] , subject to certain modifications.

Section 8

131. Power of [Primary Land Development Bank] to receive money and give discharge.

Section 131

132. Powers of [Land Development Bank] where mortgage property is destroyed or security becomes insufficient.

Section 132

133. Power to distrain.

Section 133

134. Sale of mortgaged property.

Section 134

135. Right of mortgage bank to buy mortgaged property.

Section 135

136. Confirmation of sale.

Section 136

137. Disposal of sale proceeds.

Section 137

138. Certificate to purchases, delivery of property and title of purchaser.

Section 138

139. Recovery of loans on certificate by Registrar.

Section 139

140. Collector to make recoveries during certain period.

Section 140

141. Provision or guarantee funds to meet certain losses.

Section 141

142. Agreements executed by members for loans advanced by [Land Development Banks] to be conclusive evidence.

Section 142

143. Exemption of officer of [Land Development Bank] from personal appearance before registering officers.

Section 143

144. Service of notice.

Section 144

145. Officers of banks not to bid at sales.

Section 145

145A. Application.

Section 145A

145B. Definitions.

Section 145B

145C. Time when election to be held.

Section 145C

145D. Conduct of elections.

Section 145D

145E. Cost of conducting elections.

Section 145E

145F. Disqualification for membership.

Section 145F

145I. Removal or reduction of period of disqualification.

Section 145I

145J. Corrupt practices.

Section 145J

145K. Maintenance of secrecy of voting.

Section 145K

145L. Officers etc. at election not to act for candidates or to influence voting.

Section 145L

145M. Prohibition of canvassing in or near polling station.

Section 145M

145N. Penalty for disorderly conduct in or near polling station.

Section 145N

145O. Penalty for misconduct at the polling station.

Section 145O

145P. Penalty for illegal hiring or procuring of conveyances at elections.

Section 145P

145Q. Breaches of a official duty in connection with election.

Section 145Q

145R. Removal of a ballot paper from polling station to be offence.

Section 145R

145S. Other offence and penalties therefor.

Section 145S

145T. Application of Section 149 to offences under this Chapter subject to certain modifications.

Section 149

145U. Disputes relating to elections to be submitted to the [Tribunal] .

Section 145U

145V. Deposit towards cost for hearing and power to award cost.

Section 145V

145W. Contents of petitions.

Section 145W

145X. Relief that may be claimed by the petitioner.

Section 145X

145Y. Powers to make rules for purposes of this Chapter.

Section 145Y

145Z. Special provision for election of officers of specified societies.

Section 145Z

146. Prohibition of use of the word "Co-operative".

Section 146

147. Offences.

Section 147

148. Punishments for offences under Section 147.

Section 147

149. Cognizance of offences.

Section 149

150. Gujarat State Co-operative Tribunal.

Section 150

151. Review of orders of Tribunal.

Section 151

152. Tribunal to have power of Civil Court.

Section 152

153. Appeals.

Section 153

154. Extension of period of limitation by appellate authority in certain cases.

Section 154

155. Power of State Government and Registrar to call for proceedings of subordinate officers and to pass orders thereon.

Section 155

156. Constitution of State Co-operative Council, its functions etc.

Section 156

157. Recovery of sums due to Government.

Section 157

158. Competency of a member to transfer land or interest therein to society.

Section 158

159. Registrar's powers to recover certain sums by attachment and sale of property.

Section 159

161. Power to exempt societies from provisions of Act.

Section 161

162. Delegation of powers of State Government and of Registrar.

Section 162

163. Branches etc. of societies outside the State.

Section 163

164. Registrar and other officers to be public servants.

Section 164

165. Indemnity for acts done in good faith.

Section 165

166. Bar of jurisdiction of Courts.

Section 166

167. Notice necessary in suits.

Section 167

168. Rules.

Section 168

169. Repeal, saving and construction.

Section 169

170. Companies Act not to apply.

Section 170