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The Gujarat Co-Operative Societies Act, 1961
The Gujarat Co-Operative Societies Act, 1961
Sections
1. Short title and Commencement.
Section 12. Definitions.
Section 23. Registrar and other officers and their powers.
Section 34. Societies which may be registered.
Section 45. Registration with limited or unlimited liability.
Section 56. Conditions of registration.
Section 67. Power to exempt societies from conditions as to registration.
Section 78. Application for registration.
Section 89. Registration and provisional registration, certificate of registration.
Section 910. Register of societies.
Section 1011. Power of Registrar to decide certain questions.
Section 1112. Classification of societies.
Section 1213. Amendments of bye-laws of societies.
Section 1314. Power to direct amendment of bye-laws.
Section 1415. Change of name.
Section 1516. Change of liability.
Section 1617. Amalgamation, transfer, division or conversion of societies.
Section 1718. Cancellation of registration of amalgamated, divided or converted societies.
Section 1819. Reconstruction of societies.
Section 1920. Cancellation of registration.
Section 2021. Partnership of societies.
Section 2122. Person who may become member.
Section 2223. Removal from membership in certain circumstances.
Section 2324. Open membership.
Section 2425. Nominal, associate and sympathiser member.
Section 2526. Cessation of membership.
Section 2627. No rights of membership to be exercised till due payments are made.
Section 2728B. Provision for co-operative education and training to members.
Section 28B29. Restrictions of holding on shares.
Section 2930. Restrictions on transfer of share or interest.
Section 3031. Transfer of interest on death of member.
Section 3132. Share or interest not liable to attachment.
Section 3233. Rights of members to see books, etc.
Section 3334. Liability of person who has ceased to be member.
Section 3435. Insolvency of members.
Section 3536. Expulsion of members.
Section 3637. Societies to be bodies corporate.
Section 3738. Address of societies.
Section 3839. Register of members.
Section 3940. Copy of Act, etc. to be open to inspection.
Section 4041. Admissibility of copy of entry as evidence.
Section 4142. Exemption from compulsory registration of instrument relating to shares and debentures of society.
Section 4243. Power to exempt from taxation.
Section 4344. Restriction on borrowings.
Section 4445. Restrictions on making loans.
Section 4546. Restrictions on other transactions with non-members.
Section 4647. Charge and set-off in respect of share or interest of member.
Section 4748. Prior claim of society.
Section 4849. Charge on immovable property of members borrowing from certain societies.
Section 4950. Deduction from salary to meet society's claim in certain cases.
Section 5051. Direct partnership of State Government in societies.
Section 5152. Indirect partnership of State Government in societies.
Section 5253. Principal State Partnership Fund.
Section 5354. Subsidiary State Partnership Fund.
Section 5455. Approval of State Government for purchase of shares.
Section 5556. Liability to be limited in respect of certain shares.
Section 5657. Restriction on amount of dividend.
Section 5758. Indemnity of Apex and Central Societies.
Section 5859. Disposal of share capital and dividend etc.
Section 5960. Disposal of Principal or Subsidiary State Partnership Fund on Winding up of Apex or Central Society.
Section 6061. Principal or Subsidiary State Partnership Fund not to form part of assets.
Section 6162. Agreement by State Government and Apex Societies.
Section 6263. Other forms of State aid to societies.
Section 6364. Provision of this Chapter to override other laws.
Section 6465. Fund not to be divided.
Section 6566. Appropriation of profits.
Section 6667. Reserve fund.
Section 6770. Contribution to public purpose.
Section 7071. Investments of funds.
Section 7172. Employees provident fund.
Section 7273. Final authority of society.
Section 7374. Committee, its powers and functions.
Section 7474B. Reservation of seats on committees of certain societies, for Scheduled Castes and Tribes and small and marginal farmers.
Section 74B74C. Provision for conduct of elections of committees and officers of certain societies and term of office of members of committees.
Section 74C75. Handing over records and property to new Chairman on election.
Section 7576. Appointment of officers and employees and their conditions of service.
Section 7677. Annual general meeting.
Section 7778. Special general meeting.
Section 7879. Acts of societies, etc., not to be invalidated by certain defects.
Section 7980. Power to appoint Government nominee.
Section 8082. Registrar's power to enforce performance of obligation.
Section 8285. Rectification of defects in accounts.
Section 8586. Inquiry by Registrar.
Section 8687. Inspection of books of indebted society.
Section 8789. Suspension of officer or servant of society.
Section 8990. Costs of inquiry and inspection.
Section 9091. Mode of recovery of sums imposed as penalty or awarded as costs.
Section 9192. Registrar to bring defects disclosed in inquiry or inspection to notice of society.
Section 9293. Power of Registrar to assess damages against delinquent, promoters, etc.
Section 9394. Power to enforce attendance etc.
Section 9495. Constitution or recognition of federal society to supervise working of societies.
Section 9596. Disputes.
Section 9697. Limitation.
Section 9798. Settlement of disputes.
Section 9899. Procedure for settlement of disputes and power of Registrar, his nominee or board of nominees.
Section 99100. Attachment before award.
Section 100101. Decision of `Registrar or his nominee or board of nominees.
Section 101102. Appeal against decision of Registrar or his nominee or board of nominees.
Section 102103. Money how recovered.
Section 103104. Private transfer of property made after issue of certificate void against society.
Section 104105. Transfer of property, which cannot be sold.
Section 105106. Recovery of crop loans.
Section 106107. Winding up.
Section 107108. Appointment of Liquidator.
Section 108109. Appeal against order of winding up.
Section 109110. Powers of Liquidator.
Section 110111. Effect of order of winding up.
Section 111112. Bar of suit in winding up and dissolution matters.
Section 112113. Audit of liquidator's accounts.
Section 113114. Termination of liquidation proceedings.
Section 114115. Disposal of surplus assets.
Section 115115A. 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 115A115B. Definitions.
Section 115B115C. Qualifications and disqualifications for being committee member.
Section 115C115D. Right to vote.
Section 115D115E. Term of office of officers.
Section 115E115F. Ensurance of certain things by committee.
Section 115F115G. Urban Bank Credit Equalization Fund.
Section 115G115H. Offences and their punishment and cognizance.
Section 115H115I. Application of the provisions of Section 84 to specified bank.
Section 84115J. Chapter to override other provisions of Act.
Section 115J115K. Savings.
Section 115K115L. Transitory provision.
Section 115L116. Application of chapter to certain [Land Development Banks] .
Section 116117. Definition.
Section 117118. Appointment, powers and functions of Trustee.
Section 118119. Issue of debentures.
Section 119120. Guarantee by State Government.
Section 120121. Vesting of property in trustee and debenture holders charge on assets.
Section 121122. Priority of mortgage.
Section 122123. Order granting loans conclusive of certain matters.
Section 123124. Mortgages executed in favour of [Primary Land Development Banks] to stand vested in [State Land Development Banks] .
Section 124125. Registration of mortgage in favour of [Land Development Banks] .
Section 125126. Mortgages not to be questioned on insolvency of Mortgagors.
Section 126127. Right of [Land Development Bank] to pay prior debts of mortgagor.
Section 127128. Mortgages executed by manager's of joint Hindu Families.
Section 128129. Restrictions on lease.
Section 129130. Section 8 of Act XXXII of 1956 to apply to mortgages to [Land Development Banks] , subject to certain modifications.
Section 8131. Power of [Primary Land Development Bank] to receive money and give discharge.
Section 131132. Powers of [Land Development Bank] where mortgage property is destroyed or security becomes insufficient.
Section 132133. Power to distrain.
Section 133134. Sale of mortgaged property.
Section 134135. Right of mortgage bank to buy mortgaged property.
Section 135136. Confirmation of sale.
Section 136137. Disposal of sale proceeds.
Section 137138. Certificate to purchases, delivery of property and title of purchaser.
Section 138139. Recovery of loans on certificate by Registrar.
Section 139140. Collector to make recoveries during certain period.
Section 140141. Provision or guarantee funds to meet certain losses.
Section 141142. Agreements executed by members for loans advanced by [Land Development Banks] to be conclusive evidence.
Section 142143. Exemption of officer of [Land Development Bank] from personal appearance before registering officers.
Section 143144. Service of notice.
Section 144145. Officers of banks not to bid at sales.
Section 145145A. Application.
Section 145A145B. Definitions.
Section 145B145C. Time when election to be held.
Section 145C145D. Conduct of elections.
Section 145D145E. Cost of conducting elections.
Section 145E145F. Disqualification for membership.
Section 145F145I. Removal or reduction of period of disqualification.
Section 145I145J. Corrupt practices.
Section 145J145K. Maintenance of secrecy of voting.
Section 145K145L. Officers etc. at election not to act for candidates or to influence voting.
Section 145L145M. Prohibition of canvassing in or near polling station.
Section 145M145N. Penalty for disorderly conduct in or near polling station.
Section 145N145O. Penalty for misconduct at the polling station.
Section 145O145P. Penalty for illegal hiring or procuring of conveyances at elections.
Section 145P145Q. Breaches of a official duty in connection with election.
Section 145Q145R. Removal of a ballot paper from polling station to be offence.
Section 145R145S. Other offence and penalties therefor.
Section 145S145T. Application of Section 149 to offences under this Chapter subject to certain modifications.
Section 149145U. Disputes relating to elections to be submitted to the [Tribunal] .
Section 145U145V. Deposit towards cost for hearing and power to award cost.
Section 145V145W. Contents of petitions.
Section 145W145X. Relief that may be claimed by the petitioner.
Section 145X145Y. Powers to make rules for purposes of this Chapter.
Section 145Y145Z. Special provision for election of officers of specified societies.
Section 145Z146. Prohibition of use of the word "Co-operative".
Section 146147. Offences.
Section 147148. Punishments for offences under Section 147.
Section 147149. Cognizance of offences.
Section 149150. Gujarat State Co-operative Tribunal.
Section 150151. Review of orders of Tribunal.
Section 151152. Tribunal to have power of Civil Court.
Section 152153. Appeals.
Section 153154. Extension of period of limitation by appellate authority in certain cases.
Section 154155. Power of State Government and Registrar to call for proceedings of subordinate officers and to pass orders thereon.
Section 155156. Constitution of State Co-operative Council, its functions etc.
Section 156157. Recovery of sums due to Government.
Section 157158. Competency of a member to transfer land or interest therein to society.
Section 158159. Registrar's powers to recover certain sums by attachment and sale of property.
Section 159161. Power to exempt societies from provisions of Act.
Section 161162. Delegation of powers of State Government and of Registrar.
Section 162163. Branches etc. of societies outside the State.
Section 163164. Registrar and other officers to be public servants.
Section 164165. Indemnity for acts done in good faith.
Section 165166. Bar of jurisdiction of Courts.
Section 166167. Notice necessary in suits.
Section 167168. Rules.
Section 168169. Repeal, saving and construction.
Section 169170. Companies Act not to apply.
Section 170
the-gujarat-co-operative-societies-act-1961.json
•
201 Sections
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Gujarat
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"title": "The Gujarat Co-Operative Societies Act, 1961",
"short_title": "The Gujarat Co-Operative Societies Act, 1961",
"act_number": "(Gujarat Act No. 10 of 1962)",
"act_year": 1961,
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"number": "1",
"title": "1. Short title and Commencement.",
"chapter": null,
"content": "Object & Reasons 6\nStatement of object and Reasons Act No. 17 of 2013.\n(ii) New sub-Section (1B) proposed to be inserted in Section 74 by this clause provides for the reservation of one seat for Scheduled Castes or Scheduled Tribes and two seats for Women on the Managing Committee of every society; and also one seat be reserved small farmers and marginal farmers;\n(iii) New sub-Section (1C) proposed to be inserted in Section 74 by this clause provides that the term of office of the elected members of the Managing Committee and its office bearers shall be five years from the date of the election of the Committee and filling up of the casual vacancies by nomination if the term of office of the elected members of the Managing Committee and its office bearers;\n(iv) New sub-Section (1D) proposed to be inserted in Section 74 by this clause provides for co-option of the persons not exceeds two, having experience in the field as mentioned therein;\n(v) New sub-Section (1D) proposed to be inserted in Section 74 by this clause provides that the co-opted members shall not have the right to vote in any election of the society in their capacity as such members or be eligible for contesting election of office of bearers of the Managing Committee;\n(vi) New sub-section (1E) proposed to be inserted in Section 74 by this clause provides that the functional directors of the society, shall also be members \"of Managing Committee but shall be excluded from the total number of members of the Managing Committee.\n(ii) sub-Section (2) of new Section 74-CC proposed to be inserted by this clause empowers the State Government to prescribe by rules, the manner in which the authority shall conduct the election of the Committee and of the office bearers of the societies other than the specified societies.\n(i) the term of existing societies;\n(ii) orders passed by the administrator or Registrar;\n(iii) transfer of pending proceedings before the Registrar or authorized person or any other officer, authority as may be notified by the State Government.",
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"number": "2",
"title": "2. Definitions.",
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"content": "(1) \"auditor\" means a certified auditor appointed either by the Registrar or by a society to audit the accounts of the society;\n[(1A) \"authorised person\" means a person duly authorised by the Registrar to take action under the provisions of this Act;]\n(2) \"bye-laws\" means bye-laws registered under this Act and for the time being in force, and include registered amendments of such bye-laws;\n(3) \"Central Bank\" means a co-operative bank, the objects of which include the creation of funds to be loaned to other societies;\n(4) \"certified auditor\" means a person who possesses the prescribed qualifications and is authorised by the Registrar as an auditor under Section 84;\n(5) \"committee\" means the Managing Committee or other governing body of a society to which the direction and control of the management of the affairs of a society is entrusted to;]\n(6) \"company\" means a company as defined in the Companies Act, 1956 (1 of 1956), and includes a Banking Company and also any board, corporation or other corporate body, constituted or established by any Central, State or Provincial Act for the purpose of the development of any industry;\n(7) \"co-operative bank? means a society registered under this Act and doing the business of banking, as defined in clause (b) of sub-section (1) of Section 5 of the Banking Companies Act, 1949 (X of 1949);\n[(7-A) \"co-operative credit structure\" means\n(i) the Primary Agricultural Credit Co-operative Societies; (ii) the Central Co-operative Banks; and\n(ii) the State Co-operative Bank;]\n(8) \"dividend\" means the amount paid, out of the profits of a society, to a member in proportion to the shares held by him;\n(9) \"federal society\" means society, not less than five members of which are themselves societies;\n(10) \"firm\" means a firm registered under the Indian Partnership Act, 1932 (IX of 1932);\n(11) \"Land Revenue Code\" means the Bombay Land Revenue Code, 1879 (V of 1879) as in force in the Bombay and Saurashtra areas of the State of Gujarat or as the case may be, that Code as in force in the Kutch area of the State of Gujarat;\n(12) \"Liquidator\" means a person appointed as a liquidator under this Act;\n(13) \"member\" means a person joining in an application for the registration of a co-operative society which is subsequently registered, or a person, duly admitted to membership of a society after registration, and includes a nominal, associate or sympathizer member;\n[(13-A) \"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\";]\n(14) \"officer\" means a person elected or appointed by a society to any office of such society according to its bye- laws; and includes a chairman, vice-chairman, president, vice- president, managing director, manager, secretary, treasurer, member of the committee, and any other person elected or appointed under this Act, the rules or the bye-laws, to give directions in regard to the business of such society;\n(15) \"prescribed\" means prescribed by rules;\n(16) \"rebate\" means any payment made in cash or kind, out of the profits of a society, to a member or any other person, on the basis of his contribution to the business of the society;\n(17) \"Registrar\" means a person appointed to be the Registrar of Co-operative Societies under this Act; and includes to the extent of the powers of the Registrar conferred on any other person under this Act, such person and includes an Additional or Joint Registrar;\n(18) \"rules\" means rules made under this Act;\n(19) \"society\" means a co-operative society registered, or deemed to be registered, under this Act;\n(20) \"society with limited liability\" means a society having the liability of its members limited by its bye- laws;\n(21) \"society with unlimited liability\" means a society, the members of which are, in the event of its being wound up, jointly and severally liable for and in respect of its obligations and to contribute to any deficiency in the assets of the society;\n(22) \"the state co-operative council\" means the council constituted under Section 156 of this Act;\n(23) \"Tribunal\" means the Gujarat State Co-operative Tribunal constituted under this Act;\n(24) \"working capital\" means funds at the disposal of a society inclusive of paid up share capital, funds built out of profits, and money raised by borrowing and by other means.\nChapter II\nRegistrar and Registration",
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"number": "3",
"title": "3. Registrar and other officers and their powers.",
"chapter": null,
"content": "",
"footnote": "",
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{
"number": "4",
"title": "4. Societies which may be registered.",
"chapter": null,
"content": "",
"footnote": "",
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{
"number": "5",
"title": "5. Registration with limited or unlimited liability.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
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{
"number": "6",
"title": "6. Conditions of registration.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 5
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{
"number": "7",
"title": "7. Power to exempt societies from conditions as to registration.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
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{
"number": "8",
"title": "8. Application for registration.",
"chapter": null,
"content": "(a) in the case of a society other than a federal society, by at least ten persons (each of such persons being a member of a. different family) who are qualified under this Act, and\n(b) in the case of a federal society, by atleast five societies.",
"footnote": "",
"is_definition": false,
"sort_order": 7
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{
"number": "9",
"title": "9. Registration and provisional registration, certificate of registration.",
"chapter": null,
"content": "(a) if the Registrar is satisfied that the society has complied with the provisions of this Act and the rules as to registration and that its bye-laws are not contrary to this Act and the rules, he shall register the society and its bye-laws; and\n(b) if the Registrar is of opinion that the application complies with the requirements of Section 8 but that its bye-laws are not in conformity with the provisions of this Act and the rules, he may provisionally register the society and by an order in writing permit the society to perform such functions subject to such conditions as he may specify in the order and may also by an order in writing direct the society to amend within the period prescribed in this behalf its bye-laws so as to bring them in conformity with this Act and the rules.",
"footnote": "",
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"sort_order": 8
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"number": "10",
"title": "10. Register of societies.",
"chapter": null,
"content": "",
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"number": "11",
"title": "11. Power of Registrar to decide certain questions.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
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{
"number": "12",
"title": "12. Classification of societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
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{
"number": "13",
"title": "13. Amendments of bye-laws of societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
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{
"number": "14",
"title": "14. Power to direct amendment of bye-laws.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Change of name.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 14
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{
"number": "16",
"title": "16. Change of liability.",
"chapter": null,
"content": "(a) all members and creditors have assented, or deemed to have assented thereto as aforesaid; or\n(b) all claims of members and creditors exercising the option, under subsection (2) have been met in full.",
"footnote": "",
"is_definition": false,
"sort_order": 15
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{
"number": "17",
"title": "17. Amalgamation, transfer, division or conversion of societies.",
"chapter": null,
"content": "(a) to amalgamate with another society;\n[(aa) to amalgamate with another society registered under the Multi-State Co-operative Societies Act, 2002 (39 of 2002);]\n(b) to transfer its assets and liabilities, in whole or in part, to any other society;\n(c) to divide itself into two or more societies;\n(d) to convert itself into another class of society; or\n(e) to change its objects.\n(i) the society, after passing such resolution, has given notice thereof in writing to all its members, creditors and other persons whose interests are likely to be affected (hereinafter, in this section referred to as `other interested persons\"), giving them the option, to be exercised within one month from the date of the receipt of such notice, of becoming members of any of the new societies, or continuing their membership in the amalgamated or converted society, or of withdrawing their investments in its shares, their deposits and loans and demanding payment of their other dues, if any,\n(ii) all the members and creditors and other interested persons, have assented to the decision, or are deemed to have assented thereto by having failed to exercise the option within the period specified in clause (i), and\n(iii) all claims of members and creditors and other interested persons, who exercise the option within the period specified, have been met in full.\n[17A. Power to direct amalgamation and re-organisation of societies in public interest, etc.\n(a) a copy of the draft of the proposed order has been sent to the society or each of the societies concerned;\n(b) the Registrar has considered suggestions and objections if any received either from the society or from any member or class of members thereof or from any creditor or class of creditors within such period (not being less than one month from the date on which the copy of the order as aforesaid was received by the society) as the Registrar may fix in that behalf, and has, if necessary, modified the same in the light of such suggestions and objections.\n(b) the provisions of sub-sections (3) and (4) of Section 17 and the provisions of Section 18 shall apply in relation to the amalgamation or re-organisation of the societies under this section as if-\n(i) the order of amalgamation were a resolution of societies concerned with amalgamation, and\n(ii) the original society was re-organised under Section 17.]",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Cancellation of registration of amalgamated, divided or converted societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Reconstruction of societies.",
"chapter": null,
"content": "(a) between a society and its creditors, or\n(b) between a society and its members the Registrar may, on the application of the society or of any member or of any creditor of the society, or in the case of a society which is being wound up, of the liquidator, order reconstruction in the prescribed manner, of the society.",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Cancellation of registration.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Partnership of societies.",
"chapter": null,
"content": "Chapter III\nMembers and Their Rights and Liabilities",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Person who may become member.",
"chapter": null,
"content": "(a) an individual, who is competent to contract under the Indian Contract Act, 1872 (IX of 1872);\n(b) a firm, company, [or any other body corporate constituted under any law for the time being the force] or a society registered under the Societies Registration Act, 1860 (XXI of 1860);\n(c) a society registered, or deemed to be registered, under this Act;\n(d) the State Government;\n[(e) a local authority;\n(f) a public trust registered or deemed to have been registered under Bombay Public Trusts Act, 1850; (Bombay XXIX of 1950)] :\n[(g) a group of the individuals eligible under clause (a), whether incorporated or not and whether established or not by or under any law :]",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "23",
"title": "23. Removal from membership in certain circumstances.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "24",
"title": "24. Open membership.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "25",
"title": "25. Nominal, associate and sympathiser member.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "26",
"title": "26. Cessation of membership.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "27",
"title": "27. No rights of membership to be exercised till due payments are made.",
"chapter": null,
"content": "[28. Voting powers of members.\n[28A. Attendance of meeting by members.\n(i) to attend atleast two meetings of the general body within a consecutive period of five years;\n(ii) to utilize minimum level of services as prescribed in the bye-laws :",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "28B",
"title": "28B. Provision for co-operative education and training to members.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "29",
"title": "29. Restrictions of holding on shares.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "30",
"title": "30. Restrictions on transfer of share or interest.",
"chapter": null,
"content": "(a) he has held such share or interest for not less than one year;\n(b) the transfer or charge is made to the society, or to a member of the society, or to a person whose application for membership has been accepted by the society; and\n(c) the committee has approved such transfer.",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "31",
"title": "31. Transfer of interest on death of member.",
"chapter": null,
"content": "(b) A person under any such disability as is referred to in clause (a) shall, on his disability ceasing, furnish to the society a declaration of his willingness to become a member. On receipt of such declaration the society, notwithstanding anything contained in this section may, and if it is a co-operative housing society such society shall admit him as a member if he is not otherwise disqualified. A person so admitted shall become entitled to all the rights and privileges of a member and become subject to liabilities like any other member of the society.",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "32",
"title": "32. Share or interest not liable to attachment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "33",
"title": "33. Rights of members to see books, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "34",
"title": "34. Liability of person who has ceased to be member.",
"chapter": null,
"content": "(a) his liability in respect of any debt due by him to the society and in respect of any outstanding demand owing to the society by him shall continue as if he had not ceased to be a member.\n(b) his liability for the debts of the society as they stood immediately before the date of such cessation shall, save as otherwise provided in sub-section (2), continue for a period of three years from such date as if he had not ceased to be a member:",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "35",
"title": "35. Insolvency of members.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "36",
"title": "36. Expulsion of members.",
"chapter": null,
"content": "Chapter IV\nIncorporation, Duties and Privileges of Societies",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "37",
"title": "37. Societies to be bodies corporate.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "38",
"title": "38. Address of societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "39",
"title": "39. Register of members.",
"chapter": null,
"content": "(a) the name, address and occupation of each member;\n(b) in the case of a society having share capital, the share held by each member;\n(c) the date on which each person was admitted as a member;\n(d) the date on which any person ceased to be a member; and\n(e) such other particulars as may be prescribed:",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "40",
"title": "40. Copy of Act, etc. to be open to inspection.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "41",
"title": "41. Admissibility of copy of entry as evidence.",
"chapter": null,
"content": "[41A. Returns, etc.\n(a) annual report of its activities;\n(b) its audited statement of accounts;\n(c) plan for surplus disposal as approved by the general body of a society;\n(d) list of amendments to the bye-laws of the society, if any;\n(e) declaration regarding date of holding of its general body meeting and conduct of elections when due; and\n(f) any other information required by the Registrar in pursuance of any of the provisions of the Act.]",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "42",
"title": "42. Exemption from compulsory registration of instrument relating to shares and debentures of society.",
"chapter": null,
"content": "(a) to any instrument relating to shares in a society [not being a housing society] notwithstanding that the assets of the society consist in whole or in part of immovable property; and\n(b) to any debenture issued by any society and not creating, declaring, assigning, limiting or extinguishing any rights, title or interest to or in immovable property, except in so far as it entitles the holder to the security afforded by a registered instrument whereby the society has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property, or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or\n(c) to any endorsement upon, or transfer of, any debenture issued by any society.",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "43",
"title": "43. Power to exempt from taxation.",
"chapter": null,
"content": "(a) the stamp duty with which, under any law relating to stamp duty for the time being in force, instructions executed by or on behalf of a society or by an officer or member thereof, and relating to the business of the society, or any class of such instruments, or award of the Registrar or his nominee or board of nominees under this Act, are respectively chargeable;\n(b) any fee payable by or on behalf of a society under the law relating to the registration of documents and to court-fees, for the time being in force; and\n(c) any other tax or fee or duty (or any portion thereof) payable by or on behalf of a society under any law for the time being in force, which the State Government is competent to levy.",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "44",
"title": "44. Restriction on borrowings.",
"chapter": null,
"content": "[44A. Power of Committee of co-operative credit structure.\n(i) interest rates on deposits and loans, subject to the directives issued by the Reserve Bank of India;\n(ii) borrowing, investment, depositing its surplus funds, loaning policies (including individual loans) and other business policies;\n(iii) personnel policies including issues relating to recruitment, promotion, staffing, training, posting and compensation to staff as per business requirement of the society;\n(iv) internal checks and control systems, appointment of auditors, their compensation and other internal administrative issues; and\n(v) borrowing from any financial institution regulated by the Reserve Bank of India, keeping in mind the interest of the society and its members.]",
"footnote": "",
"is_definition": false,
"sort_order": 43
},
{
"number": "45",
"title": "45. Restrictions on making loans.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "46",
"title": "46. Restrictions on other transactions with non-members.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "47",
"title": "47. Charge and set-off in respect of share or interest of member.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "48",
"title": "48. Prior claim of society.",
"chapter": null,
"content": "(a) any debt or outstanding demand, owing to a society by any member or a person who has ceased to be a member shall be a first charge upon-\n(i) the crops or other agricultural produce raised in whole or in part whether with or without a loan taken from the society by him.\n(ii) cattle, fodder for cattle, agricultural or industrial implements or machinery, or raw materials for manufacture, or workshop, godown or place of business, supplied to, or purchased by him in whole or in part, from any loan whether in money or goods made to him by the society, and\n(iii) any movable property which may have been hypothecated, pledged or otherwise mortgaged by him with the society, and remaining in his custody :\n(b) any outstanding demands or dues payable to a society by any member or a person who has ceased to be a member, in respect of rent, shares, loans or purchase money or any other rights or amounts payable to such society, shall be first charge upon his interest in the immovable property of the society :\n(a) that every such member shall dispose of his produce through the society, and\n(b) that, any member, who is found guilty of a breach of the bye-law or of any such contract, shall reimburse the society for any resultant loss, determined in such manner as may be specified in the bye-laws.",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "49",
"title": "49. Charge on immovable property of members borrowing from certain societies.",
"chapter": null,
"content": "(a) any person who makes an application to a society of which he is a member, for a loan shall, if he owns any land or has interest in any land as a tenant, make a declaration in the prescribed form. Such declaration shall state that the applicant thereby creates a charge on such land or interest specified in the declaration for the payment of the amount of the loan which the society may make to the member in pursuance of the application, and for all future advances, if any, required by him which the society may make to him as such member, subject to such maximum as may be determined by the society, together with interest on such amount of the loan and advances;\n(b) any person who has taken a loan from a society of which he is a member, before the date of the coming into force of this Act, and who owns any land or has interest in land as a tenant, and who has not already made such a declaration before the aforesaid date shall, as soon as possible thereafter, make a declaration in the form and to the effect referred to in clause (a); and no such person shall, unless and until he has made such declaration, be entitled to exercise any right as a member of the society;\n(c) a declaration made under clause (a) or (b) may be varied at any time by a member, with the consent of the society in favour of which such charge is created;\n(d) no member shall alienate the whole or any part of the land or interest therein, specified in the declaration made under clause (a) or (b) until the whole amount borrowed by the member together with interest thereon, is repaid in full :\n(e) any alienation made in contravention of the provisions of clause (d) shall be void;\n(f) subject to the prior claims of the Government in respect of land revenue or any money recoverable as land revenue, and to the charge, if any created under an award made under the Bombay Agricultural Debtors Relief Act, 1947 (Bombay XXV of 1947) or any corresponding law for the time being in force in any part of the State, and to any mortgages created in favour of a [land development bank] by its members there shall be a first charge in favour of the society on the land or interest specified in the declaration made under clause (a) or (b), for and to the extent of the dues owing by him on account of the loan; and\n(g) notwithstanding anything contained in Chapter X-A of the Land Revenue Code, the Record of Rights maintained thereunder shall also include the particulars of every charge on land or interest created under a declaration under clause (a) or (b).\n(i) any society, the majority of the members of which are agriculturists and the primary object of which is to obtain credit for its members, or\n(ii) any society, or any society of the class of societies, specified in this behalf by the State Government by a general or special order.",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "50",
"title": "50. Deduction from salary to meet society's claim in certain cases.",
"chapter": null,
"content": "Chapter V\nState Aid to Societies",
"footnote": "",
"is_definition": false,
"sort_order": 49
},
{
"number": "51",
"title": "51. Direct partnership of State Government in societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "52",
"title": "52. Indirect partnership of State Government in societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 51
},
{
"number": "53",
"title": "53. Principal State Partnership Fund.",
"chapter": null,
"content": "(a) directly purchasing shares in other societies with limited liability;\n(b) providing moneys to a society to enable that society (hereinafter in this Chapter referred to as a \"Central society\") to purchase shares in other societies with limited liability (the latter societies being hereinafter in this Chapter referred to as \"Primary societies\");\n(c) making payments to the State Government in accordance with the provisions of this Chapter;",
"footnote": "",
"is_definition": false,
"sort_order": 52
},
{
"number": "54",
"title": "54. Subsidiary State Partnership Fund.",
"chapter": null,
"content": "(a) purchasing shares in primary societies;\n(b) making payments to the Apex society in accordance with the provisions of this Chapter;",
"footnote": "",
"is_definition": false,
"sort_order": 53
},
{
"number": "55",
"title": "55. Approval of State Government for purchase of shares.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 54
},
{
"number": "56",
"title": "56. Liability to be limited in respect of certain shares.",
"chapter": null,
"content": "(a) the State Government, or\n(b) an Apex society from the Principal State Partnership Fund, or a Central society from the Subsidiary State Partnership Fund, as the case may be, then in the event of the winding up of such society the liability in respect of such shares shall be limited to the amount paid in respect of such shares.",
"footnote": "",
"is_definition": false,
"sort_order": 55
},
{
"number": "57",
"title": "57. Restriction on amount of dividend.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 56
},
{
"number": "58",
"title": "58. Indemnity of Apex and Central Societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 57
},
{
"number": "59",
"title": "59. Disposal of share capital and dividend etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 58
},
{
"number": "60",
"title": "60. Disposal of Principal or Subsidiary State Partnership Fund on Winding up of Apex or Central Society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 59
},
{
"number": "61",
"title": "61. Principal or Subsidiary State Partnership Fund not to form part of assets.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "62",
"title": "62. Agreement by State Government and Apex Societies.",
"chapter": null,
"content": "(a) the State Government may enter into an agreement with an Apex society setting out the terms and conditions on which it shall provide moneys to the Apex society for the purpose specified in Section 52;\n(b) an Apex society may, with the previous approval of the State Government, enter into an agreement with a Central society, setting out the terms and conditions on which it shall provide moneys to that society from the Principal State Partnership Fund for the purpose specified in clause (b) of sub-section (2) of Section 53.",
"footnote": "",
"is_definition": false,
"sort_order": 61
},
{
"number": "63",
"title": "63. Other forms of State aid to societies.",
"chapter": null,
"content": "(a) give loans to a society;\n(b) guarantee the payment of the principal of debentures issued by a society, or of interest thereon, or both, or the repayment of the share capital of a society to its members, or the payment of dividends thereon at such rates as may be specified by the State Government;\n(c) guarantee the repayment of the principal of and the payment of interest on, manes given by a Co-operative Bank to a society;\n(d) guarantee the repayment of the principal of, and payment of interest on, loans and advances given by the Reserve Bank of India, or the Industrial Finance Corporation of India, or any other authority constituted under any law for the time being in force, or\n(e) provide financial assistance, in any other form (including subsidies), to a society.",
"footnote": "",
"is_definition": false,
"sort_order": 62
},
{
"number": "64",
"title": "64. Provision of this Chapter to override other laws.",
"chapter": null,
"content": "Chapter VI\nProperty and Funds of Societies",
"footnote": "",
"is_definition": false,
"sort_order": 63
},
{
"number": "65",
"title": "65. Fund not to be divided.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 64
},
{
"number": "66",
"title": "66. Appropriation of profits.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 65
},
{
"number": "67",
"title": "67. Reserve fund.",
"chapter": null,
"content": "[67A. Bad Debt Reserve Fund.\n(a) the balance of bad debts, if any, remaining after first writing them off under sub-section (3); and\n(b) all losses incurred by a society including those suffered on account of settlement of disputes under Section 98 which are certified as such by a certified auditor, may be written off against the reserve fund maintained under Section 67 to the extent of not more than thirty per cent of the balance in that fund :\n[68. Restriction on dividend.\n[69. Contribution to education fund of the Gujarat State Co-operative Union.",
"footnote": "",
"is_definition": false,
"sort_order": 66
},
{
"number": "70",
"title": "70. Contribution to public purpose.",
"chapter": null,
"content": "(a) of the Gujarat State Co-operative Union, if the society operates in more than one district, and\n(b) of the District Co-operative Board, in any other case, the whole or part of such sum in contributing to any prescribed co-operative purpose, or to any charitable purpose within the meaning of Section 2 of the Charitable Endowments Act, 1890 (VI of 1890), or to any other public purpose.",
"footnote": "",
"is_definition": false,
"sort_order": 67
},
{
"number": "71",
"title": "71. Investments of funds.",
"chapter": null,
"content": "(a) in a Central Bank, or the State Co-operative Bank,\n(b) in the State Bank of India,\n(c) in the Postal Savings Bank,\n(d) in any of the securities specified in Section 20 of the Indian Trusts Act, 1882 (II of 1882).\n(e) in shares, or security bonds, or debentures, issued by any other society with limited liability, or\n[(f) in a Scheduled co-operative bank as defined in clause (2) of Section 2 of the Reserve Bank of India Act, 1934 and having its registered office within the State or in any nationalised bank;\n(ff) in any land or building,---\n(i) where the money in a building fund established by a society is sufficient for the purpose; or\n(ii) where the money in such a fund is insufficient for the purpose or where a society has not established such fund, with the previous sanction of the Registrar :\n(g) in any corporation owned or controlled by the Government of Gujarat and other Scheduled Banks not covered under clause (1), with the prior approval of the State Government subject to such terms and conditions as may be prescribed in this behalf :",
"footnote": "",
"is_definition": false,
"sort_order": 68
},
{
"number": "72",
"title": "72. Employees provident fund.",
"chapter": null,
"content": "Chapter VII\nManagement Of Societies",
"footnote": "",
"is_definition": false,
"sort_order": 69
},
{
"number": "73",
"title": "73. Final authority of society.",
"chapter": null,
"content": "[73A. Freedom for affiliation or disaffiliation with a federal society of choice.",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "74",
"title": "74. Committee, its powers and functions.",
"chapter": null,
"content": "(ii) One seat may be reserved for the persons who are small farmers and marginal farmers.\n(b) The co-opted members as aforesaid shall not have the right to vote in any election of the society in their capacity as such members or to be eligible to be elected as office bearers of the Managing Committee.\n[74A. Disqualification for being designated officer simultaneously of certain specified societies or for being designated officer of the same society for more than six years.\n(b) Societies, the area of operation of which does not extend to the whole of the State but extends to one or more districts;\n(a) in calculating the consecutive period of six years in office, any period for which the person concerned may have been such officer, before the commencement of the Gujarat Co-operative Societies (Amendment) Ordinance, 1982 (Gujarat Ordinance 1 of 1982) shall be excluded,\n(b) if any person resigns his office as a designated officer at any time within twelve months from the date on which the consecutive period of six years would, but for his resignation, have been completed, he would be deemed to have completed a period of six years on his resignation.]\n[74B.\nOLD LAW 6",
"footnote": "",
"is_definition": false,
"sort_order": 71
},
{
"number": "74B",
"title": "74B. Reservation of seats on committees of certain societies, for Scheduled Castes and Tribes and small and marginal farmers.",
"chapter": null,
"content": "(a) one for the persons belonging to the Scheduled Castes or the Scheduled Tribes or to both the Scheduled Castes and the Scheduled Tribes as the State Government may, having regard to the population of the Scheduled Castes and the Scheduled Tribes in the area of operation of the society, specify, and\n(b) one for the persons who are small farmers and marginal farmers.]\nExplanation.\n(1) the expressions \"marginal farmer\" and \"small farmer\" shall have the meaning respectively assigned to them in clauses (g) and (p) of Section 2 of the Gujarat Rural Debtors' Relief Act, 1976 (President's Act of 1976);\n[(1-A) the expression \"population\" in relation to the area of operation of a society means the population of that area as ascertained at the last preceding census.]\n[74BB. Reservation of seats for woman in committee of society.\n(a) one seat in a committee consisting of not more than eleven members, and\n(b) two seats in committee consisting of more than eleven members.\n(i) consisting of not more than eleven members, there is no woman as a member;\n(ii) consisting of more than eleven members, there is no woman as a member or only one woman as a member, the society shall, notwithstanding anything contained in the bye-laws of the society, elect, co-opt or appoint in accordance with its bye-laws, in addition to the existing members of the committee, one woman as a member in a committee referred to in clause (i) and two women as members or, as the case may be, one woman as a member in committee referred to in clause (ii).\n(b) Where a society does not elect, co-opt, or appoint a member under sub-section (2) within two month from the commencement of the Gujarat Co-operative Societies (Amendment) Ordinance, 1997, (Gujarat Ordinance 8 of 1997), the Registrar shall, notwithstanding anything contained in the bye-laws of the society, appoint additional member or members in the committee in accordance with the provisions of sub-section (2).",
"footnote": "",
"is_definition": false,
"sort_order": 72
},
{
"number": "74C",
"title": "74C. Provision for conduct of elections of committees and officers of certain societies and term of office of members of committees.",
"chapter": null,
"content": "[(i) Apex societies mentioned in the Schedule and such other apex societies as the State Government may, by general or special order, published in the Official Gazette , from time to time specify in this behalf, having regard to financial position and share capital of such societies;]\n(ii) all District Central Co-operative Banks;\n(iii) all Primary Land Development Banks;\n(iv) (a) all District Co-operative Sale and Purchase Organisation;\n(b) all Taluka Co-operative Sale and Purchase Organisation;\n(v) all Co-operative Sugar Factories;\n(vi) all Co-operative Spinning Mills;\n[(vi-a) all district co-operative milk unions;\n(vi-b) all taluka co-operative processing societies;]\n(vii) any other society or class of societies, which the State Government may, by general or special order published in the Official Gazette , from time to time specify in this behalf, regard being had to the financial position and share capital of such institutions.\n(a) to nominate its representatives on a Committee of any such society under Section 80, or\n(b) to nominate the first Committee of Management of any such society where the bye-laws of such society so provide.\n[74CC.\nOLD LAW 6\n[74CC. Election of societies other than specified societies.\n[74D.\nOLD LAW 6\n[74D. Appointment of custodian in certain circumstances.",
"footnote": "",
"is_definition": false,
"sort_order": 73
},
{
"number": "75",
"title": "75. Handing over records and property to new Chairman on election.",
"chapter": null,
"content": "[75A. Restriction on rates of sitting fees and travelling and daily allowances of members of Committee.\n(1) no society shall prescribe nor a member of a committee thereof shall be entitled to sitting fees, and travelling and daily allowances while touring on public business, at rates exceeding such rates as may be prescribed, and\n(2) a member of a committee of a society shall, in relation to touring on public business be subject to such condition and limitations as may be prescribed and different rates, conditions and limitations may be prescribed in relation to members of committees of different societies or class of societies.\n(a) a journey for attending any meeting of the committee;\n(b) a journey in connection with the performance or any other functions of the committee;\n(c) a journey for attending any conference sponsored by-\n(i) the Central Government,\n(ii) a State Government,\n(iii) any co-operative institution, or\n(iv) such other institutions recognised by the State Government in this behalf.]",
"footnote": "",
"is_definition": false,
"sort_order": 74
},
{
"number": "76",
"title": "76. Appointment of officers and employees and their conditions of service.",
"chapter": null,
"content": "[76A. Appointment or removal of Managing Director or Chief Executive Officer to be approved.\n[76B. Removal of officer.",
"footnote": "",
"is_definition": false,
"sort_order": 75
},
{
"number": "77",
"title": "77. Annual general meeting.",
"chapter": null,
"content": "(i) if such officer is a servant of the society, the Registrar may by an order in writing impose on him a penalty of an amount not exceeding one hundred rupees, and\n(ii) if such officer is not a servant of the society, the Registrar may by an order in writing declare such officer to be disqualified for being an officer or a member of the Committee, of the society or for being elected or appointed to any office of the society, for such period not exceeding three years as he may specify in the order :",
"footnote": "",
"is_definition": false,
"sort_order": 76
},
{
"number": "78",
"title": "78. Special general meeting.",
"chapter": null,
"content": "(i) on a requisition in writing of one-fifth of the members of the society or of members the number of which is specified in the bye-laws for the purpose, whichever is lower, or\n(ii) on a requisition from the Registrar, or\n(iii) in the case of a society, which is a member of a federal society, on a requisition from the committee of such federal society.",
"footnote": "",
"is_definition": false,
"sort_order": 77
},
{
"number": "79",
"title": "79. Acts of societies, etc., not to be invalidated by certain defects.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 78
},
{
"number": "80",
"title": "80. Power to appoint Government nominee.",
"chapter": null,
"content": "[80A. Extension of term of nominated committee or appointment of custodian.\n(a) extend the term of office of the members of the said committee of the management; or\n(b) appoint a person or a committee of persons to be the custodian of the society, for such period not exceeding two years in the aggregate or until a new committee of management is elected, whichever is earlier.\n[81. Supersession or suspension of Managing Committee.\n(i) the Committee persistently makes default; or\n(ii) the Committee is negligent in the performance of its duties imposed on it by or under this the Act or the rules made thereunder or the bye-laws; or (iii) the Committee has committed any act prejudicial to the interest of the society or its members; or (iv) there is stalemate in the constitution or functions of the committee; or (v) the authority which is assigned the functions of conducting elections in respect of Managing Committee has failed to conduct elections in accordance with the provisions of this Act, the State Government or, as the case may be, the Registrar, after giving the committee an opportunity of being heard, within fifteen days from the date of issue of notice, by an order in writing, supersede or kept under suspension the committee and appoint \n(iii) the Committee has committed any act prejudicial to the interest of the society or its members; or\n(iv) there is stalemate in the constitution or functions of the committee; or\n(v) the authority which is assigned the functions of conducting elections in respect of Managing Committee has failed to conduct elections in accordance with the provisions of this Act,\n(a) a Committee, consisting of one or more members of the society, not being the members of the Committee superseded under this sub-section, or (b) one or more Administrators who need not be members of the society, or from amongst the officers of the Co- operative Department of the State Government, to manage the affairs of the society for a period not exceeding six months : Provided that the committee of any such society shall not be superseded or kept under suspension where there is no Government shareholding or loan or financial assistance or any guarantee, by the Government :\n(b) one or more Administrators who need not be members of the society, or from amongst the officers of the Co- operative Department of the State Government, to manage the affairs of the society for a period not exceeding six months :\n[81A. Supersession of Committee of Primary Agricultural Credit Co-operative Society.\n(i) if a society incurs losses for three consecutive years; or\n(ii) if serious financial irregularities or frauds have been identified; or\n(iii) if there is perpetual lack of quorum over a period of three months.",
"footnote": "",
"is_definition": false,
"sort_order": 79
},
{
"number": "82",
"title": "82. Registrar's power to enforce performance of obligation.",
"chapter": null,
"content": "(a) within the time provided in this Act, the rules or the bye-laws, or the order, as the case may be, or\n(b) where no time is so provided, within such time, having regard to the nature and extent of the action to be taken, as the Registrar may specify by notice in writing,\n[83. Registrar's power to seize records etc.\nChapter VIII\nAudit, Inquiry, Inspection and Supervision\n[84. Audit of Accounts of society.",
"footnote": "",
"is_definition": false,
"sort_order": 80
},
{
"number": "85",
"title": "85. Rectification of defects in accounts.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 81
},
{
"number": "86",
"title": "86. Inquiry by Registrar.",
"chapter": null,
"content": "(a) on the requisition of a society duly authorised by' rules made in this behalf to make such requisition, in respect of any of its member, such manner being itself a society,or\n(b) on the application of a majority of the committee of a society, or\n(c) on the application of one-third of the members of a society.\n(b) If any such person refuses to produce to the Registrar or any person authorised by him under sub-section (1), any book or paper which it is his duty under clause (a) to produce or to answer any question which is put to him by the Registrar or the person authorised by the Registrar in pursuance of sub-clause (a) the Registrar or the person authorised by the Registrar may certify the refusal and the Registrar may impose on the defaulter a penalty of an amount not exceeding five hundred rupees. Before imposing such penalty, the Registrar shall give, or cause to be given a reasonable opportunity to the defaulter, of showing cause against the action proposed to be taken in regard to him.\n(b) The society shall be bound to comply with any direction issued to it under clause (a).\n(c) The books and papers taken over under clause (a) shall be returned to the society on the completion of the inquiry.\n(i) in case the State Government have subscribed directly to the share capital of the society or in case any moneys are due from the society to the Principal State Partnership Fund or to the Subsidiary State Partnership Fund, to the State Government or to any officer appointed by it in this behalf;\n(ii) to the federal co-operative society concerned, and\n(iii) to the society concerned.",
"footnote": "",
"is_definition": false,
"sort_order": 82
},
{
"number": "87",
"title": "87. Inspection of books of indebted society.",
"chapter": null,
"content": "(a) satisfies the Registrar that the debt is a sum then due, and that he has demanded payment thereof and has not received satisfaction within reasonable time, and\n(b) deposits with the Registrar such sum as the Registrar may require as security for the costs of any inspection of the books of the society, the Registrar may, if he thinks it necessary, inspect or direct a person authorised by him by order in writing in this behalf of inspect, the books of the society.\n[88. Inspection of books by Registrar or financing bank or federal society.\n(b) Every person who is or has at any time been an officer or employee of the society and every member and past member of the society shall furnish such information in regard to such transactions and working of the society as the Registrar or the person authorised by him may require.",
"footnote": "",
"is_definition": false,
"sort_order": 83
},
{
"number": "89",
"title": "89. Suspension of officer or servant of society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 84
},
{
"number": "90",
"title": "90. Costs of inquiry and inspection.",
"chapter": null,
"content": "(a) having heard or given a reasonable opportunity of being heard to, the society or person or in the case of an estate its legal representative, as the case may be, against whom or which such order is proposed to be made; and\n(b) setting out in the order the grounds on which the apportionment is made.",
"footnote": "",
"is_definition": false,
"sort_order": 85
},
{
"number": "91",
"title": "91. Mode of recovery of sums imposed as penalty or awarded as costs.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 86
},
{
"number": "92",
"title": "92. Registrar to bring defects disclosed in inquiry or inspection to notice of society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 87
},
{
"number": "93",
"title": "93. Power of Registrar to assess damages against delinquent, promoters, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 88
},
{
"number": "94",
"title": "94. Power to enforce attendance etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 89
},
{
"number": "95",
"title": "95. Constitution or recognition of federal society to supervise working of societies.",
"chapter": null,
"content": "Chapter IX\nProcedure for Deciding Disputes",
"footnote": "",
"is_definition": false,
"sort_order": 90
},
{
"number": "96",
"title": "96. 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 nominee, heir or legal representative of any deceased officer, deceased agent or deceased servant of the society, or the Liquidator of the society;\n(b) a member, past member or a person claiming through a member, past member or a deceased member of a society, or a society which is a member of the society;\n(c) a person, other than a member of the society, who has been granted loan by the society, or with whom the society has or had transaction under the provisions of Section 46, and any person claiming through such a person;\n(d) a surety of a member, past member or a deceased member, or a person other than a member who has been granted a loan by the society under Section 46, whether such a surety is or is not a member of the society;\n(e) any other society, or the Liquidator of such a society.\n(i) a claim by 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 a debt or demand be admitted or not;\n(ii) a claim by a surety for any sum or demand due to him from the principal borrower in respect of a loan by a society and recovered from the surety owing to the default of the principal borrower, whether such a sum or demand be admitted or not;\n(iii) a claim by a society for any loss caused to it by a member, past member, or deceased member, by any officer, past officer or deceased officer, by any agent, past agent or deceased agent, or by any servant, past servant or deceased servant, or by its committee, past or present whether such loss be admitted or not;\n(iv) a refusal or failure by a member, a past member or a nominee, heir or legal representative of a deceased member, to deliver possession to a society of land or any other asset resumed by it for breach of conditions of the assignment.",
"footnote": "",
"is_definition": false,
"sort_order": 91
},
{
"number": "97",
"title": "97. Limitation.",
"chapter": null,
"content": "(a) when the dispute relates to the recovery of any sum, including interest thereon due to a society by a member thereof, be computed from the date on which such member dies or ceases to be a member of the society;\n(b) when the dispute is between a society or its committee, and any past committee, any past or present officer, or past or present agent, or past or present servant or the nominee, heir or legal representative of a deceased officer, deceased agent or deceased servant of the society, or a member or past member, or the nominee, heir or legal representative of a deceased member, and when the dispute relates to any act or omission on the part of either party to the dispute, be six years from the date on which the act or omission with reference to which the dispute arose, took place;\n(c) when the dispute is in respect of any matter touching the constitution, management or business of a society which has been ordered to be wound up under Section 107, or in respect of which a nominated committee or an administrator has been appointed under Section 81, be six years from the date of the order issued under Section 107, or Section 81, as the case may be;\n(d) when the dispute is in respect of an election of any office-bearer of a society, be two months from the date of the declaration of the result of such election.",
"footnote": "",
"is_definition": false,
"sort_order": 92
},
{
"number": "98",
"title": "98. Settlement of disputes.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 93
},
{
"number": "99",
"title": "99. Procedure for settlement of disputes and power of Registrar, his nominee or board of nominees.",
"chapter": null,
"content": "(b) Where a dispute has been instituted, in the name of the wrong person or where all the defendants have been not included, the Registrar or his nominee or board of nominees may, at any stage of the hearing of the dispute if satisfied that the mistake was bona fide , order any other person to be substituted or added as a plaintiff or a defendant, upon such terms as he thinks just.\n(c) The Registrar, his nominee or board of nominees may, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Registrar, his nominee or board of nominees, as the case may be, to be just, order that the name of any party improperly joined whether as plaintiff or defendant be struck out, and that the name of any person who ought to have been joined whether as plaintiff or defendant or whose presence before the Registrar, his nominee or board of nominees as the case may be, may be necessary in order to enable the Registrar, his nominee or board of nominees effectually and completely to adjudicate upon and settle all the questions involved in the dispute, be added.\n(d) Any person who is a party to the dispute and entitled to more than one relief in respect of the same cause of action may claim all or any of such reliefs; but if he omits to claim all such reliefs, he shall not forward claim for any relief so omitted, except with the leave of the Registrar, his nominee or board of nominees.\n(a) any dispute for recovery of debt upon promissory note, hundi, bill of exchange or bond, with or without interest, whether agreed upon under such instrument or under the bye-laws;\n(b) any dispute for recovery of a fixed sum of money or in the nature of debt, with or without interest, arising on a written contract;\n(c) any dispute for recovery of price of goods sold and delivered, where the rate, quality and quantity are admitted in writing;\n(d) any dispute for recovery of dues payable by a member of a housing society towards contribution for construction of the house, or any dispute in respect of repayment of any loan, interest or loan, ground rent, local authority taxes, sinking fund, water charges, electrical charges, maintenance and upkeep charges or charges for other services rendered by the society and the interest on such arrears, payable under the written agreement or under the bye-laws.\n(b) The Registrar, his nominee or board of nominees may grant the leave under clause (a) on such conditions, as he thinks fit.\n(c) The Registrar, his nominee or board of nominees shall not refuse the leave to defend the dispute unless he is satisfied that the facts disclosed by the defendant do not indicate that he has substantial defence to raise or that the defence intended to be put up by him is frivolous or vexatious.\n(d) Where the defendant fails to obtain such leave or fails to appear or defend the dispute in pursuance of such leave, the averments made in the plaint and documents produced therewith shall be deemed to have been admitted by' the defendant :\n(e) Where the conditions on which leave to defend is granted are not complied with by the defendant, the Registrar, his nominee or, as the case may be, board of nominees may pass an award against him, as if he has not been granted such leave.",
"footnote": "",
"is_definition": false,
"sort_order": 94
},
{
"number": "100",
"title": "100. Attachment before award.",
"chapter": null,
"content": "(a) is about to dispose of whole or any part of his property, or\n(b) is about to remove the whole or any part of his property from the jurisdiction of the Registrar.",
"footnote": "",
"is_definition": false,
"sort_order": 95
},
{
"number": "101",
"title": "101. Decision of `Registrar or his nominee or board of nominees.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 96
},
{
"number": "102",
"title": "102. Appeal against decision of Registrar or his nominee or board of nominees.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 97
},
{
"number": "103",
"title": "103. Money how recovered.",
"chapter": null,
"content": "(a) on a certificate signed by the Registrar or a Liquidator, be deemed to be a decree of a Civil Court, as defined in clause (2) of Section 2 of the Code of Civil Procedure, 1908 and shall, be executed in the same manner as a decree of such Court, or\n(b) be executed according to the provisions of the Land Revenue Code and the rules thereunder for the time being in force for the recovery of arrears of land revenue :",
"footnote": "",
"is_definition": false,
"sort_order": 98
},
{
"number": "104",
"title": "104. Private transfer of property made after issue of certificate void against society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 99
},
{
"number": "105",
"title": "105. Transfer of property, which cannot be sold.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 100
},
{
"number": "106",
"title": "106. Recovery of crop loans.",
"chapter": null,
"content": "Chapter X\nLiquidation",
"footnote": "",
"is_definition": false,
"sort_order": 101
},
{
"number": "107",
"title": "107. Winding up.",
"chapter": null,
"content": "(a) after an inquiry has been held under Section 86, or an inspection has been made under Section 87, or on the report of the auditor auditing the accounts of the society, or\n(b) on receipt of an application made upon a resolution carried by three-fourths of the members of a society present at a special general meeting called for the purpose, or\n(c) of his own motion, in the case of a society which-\n(i) has not commenced working, or\n(ii) has ceased working, or\n(iii) possesses shares of members deposits not exceeding five hundred rupees, or\n(iv) has ceased to comply with any conditions as to registration and management in this act or [the rules or the bye-laws, or]\n[(v) has failed to comply with any directions issued under sub-section (1) of Section 160 or such directions as modified under sub-section (2) of that section.]",
"footnote": "",
"is_definition": false,
"sort_order": 102
},
{
"number": "108",
"title": "108. Appointment of Liquidator.",
"chapter": null,
"content": "(a) shall hand over to the liquidator the custody and control of any property, effects and actionable claims and any books, records, and other documents pertaining to the business of the society, which for any reason are not handed over to the liquidator under sub-section (2) at the time when an interim order was made.\n(b) shall vacate their offices and while winding up order remains in force, the general body of the society shall not exercise any powers.]",
"footnote": "",
"is_definition": false,
"sort_order": 103
},
{
"number": "109",
"title": "109. Appeal against order of winding up.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 104
},
{
"number": "110",
"title": "110. Powers of Liquidator.",
"chapter": null,
"content": "(a) to institute and defend suits and other legal proceedings, civil or criminal, on behalf of the society, in the name of his office;\n(b) to carry on the business of the society, so far as may be necessary for the beneficial winding up of the same;\n(c) to sell the immovable and movable property and actionable claims of the society by public auction or private contract, with power to transfer the whole or part thereof to any person or body corporate, or sell the same in parcels;\n(d) to raise, on the security of the assets of the society, any money required;\n(e) to investigate all claims against the society and, subject to the provisions of the Act, to decide question of priority arising out of such claims and to pay any class or classes of creditors in full or ratably according to the amount of such debts, the surplus being applied in payment of interest from the date of liquidation at a rate approved by the Registrar, but not exceeding the contract rates;\n(f) to make any compromise or arrangement with creditors or persons claiming to be creditors, or having or alleging themselves to have any claim, present or future, whereby the society may be rendered liable;\n(g) to compromise all calls or liabilities to calls and debts and liabilities capable of resulting in debts, and all claims present or future, certain or contingent, subsisting or supposed to subsist between the society and a contributory or alleged contributory or other debtor or person apprehending liability to the society, and all questions in any way relating to or affecting the assets or the winding up of the society, on such terms as may be agreed, and take any security for the discharge of any such call, liability, debt, or claim, and give a complete discharge in respect thereof;\n(h) to determine, from time to time, after giving an opportunity to answer the claim, the contribution to be made or remaining to be made by the members or past members or by the estate, nominees, heirs or legal representatives of deceased members, or by any officer, past officer or the estate or nominees, heirs or legal representatives of a deceased officer to the assets of the society, such contribution being inclusive of debts due from such members or officers;\n(i) to make applications under Section 103;\n(j) to get disputes referred to the Registrar for decision by himself or his nominee or board of nominees;\n(k) to determine by what persons and in what proportion the costs of the liquidation shall be borne;\n(l) to fix the time or times within which the creditors shall prove their debts and claims or be included for the benefits of any distribution made before those debts or claims are proved;\n(m) to summon and enforce the attendance of witnesses and to compel the production of any books, accounts, documents, securities, cash or other properties belonging to or in the custody of the society by the same means and in the same manner as provided in the case of a Civil Court under Code of Civil Procedure, 1908 (V of 1908);\n(n) to do all acts, and to execute in the name and on behalf of the society, all deeds, receipts and other documents, as may be necessary to such winding up;\n(o) to take such action as may be necessary under Section 19, with the prior approval of the Registrar, if there is reason to believe that the society can be reconstructed.",
"footnote": "",
"is_definition": false,
"sort_order": 105
},
{
"number": "111",
"title": "111. Effect of order of winding up.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 106
},
{
"number": "112",
"title": "112. Bar of suit in winding up and dissolution matters.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 107
},
{
"number": "113",
"title": "113. Audit of liquidator's accounts.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 108
},
{
"number": "114",
"title": "114. Termination of liquidation proceedings.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 109
},
{
"number": "115",
"title": "115. Disposal of surplus assets.",
"chapter": null,
"content": "(a) an object of public utility and of local interest as may be recommended by the members in general meeting held under Section 114 or where the society has ceased to function and its record is not available or none of its members is forthcoming, as the Registrar thinks proper;\n(b) a federal society with similar objects to which the cancelled society was eligible for affiliation or, where no federal society exists, the Gujarat State Federal Society; and\n(c) any charitable purpose as defined in Section 2 of the Charitable Endowments Act, 1890 (VI of 1890).\n[Chapter X-A]\nInsured Co-Operative Bank",
"footnote": "",
"is_definition": false,
"sort_order": 110
},
{
"number": "115A",
"title": "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.",
"chapter": null,
"content": "(1) an order for winding up or an order sanctioning a scheme of compromise or arrangement or of amalgamation or reconstruction (including division or reorganisation) of the bank may be made only with the previous sanction in writing of the Reserve Bank of India;\n(2) an order for the winding up of the bank shall be made by the Registrar if so required by Reserve Bank of India in the circumstances referred to in Section 13-D of the Deposit Insurance Corporation Act, 1961 (47 of 1961);\n(a) the expression \"insured co-operative bank\" means a society which is an insured bank under the provisions of the Deposit Insurance Corporation Act, 1961 (47 of 1961);\n(b) the expression \"transferee bank\" in relation to an insured co-operative bank means a co-operative bank-\n(i) with which such insured co-operative bank is amalgamated, or\n(ii) to which the assets and liabilities of such insured co- operative bank are transferred, or\n(iii) into which such insured co-operative bank is divided or converted, under sub-section (1) of Section 17.]\n[Chapter X-B]\nCertain Other Provisions Relating to Urban Co-Operative Banks",
"footnote": "",
"is_definition": false,
"sort_order": 111
},
{
"number": "115B",
"title": "115B. Definitions.",
"chapter": null,
"content": "(a) \"Bank\" means an Urban Co-operative Bank;\n(b) \"committee\" means a committee of an Urban Co- operative Bank;\n(c) \"committee member1\" means a member of a committee;\n(d) \"company\" means any body corporate and includes a firm and other association of individuals;\n(e) \"member of a family\" in relation to a committee member means a wife or, as the case may be, a husband, father, mother, son who is dependent for his maintenance and unmarried daughter;\n(f) \"Urban Co-operative Bank\" means a society registered under this Act and doing the business of banking, as defined in clause (b) of Section 5 of the Banking Regulation Act, 1949 (10 of 1949).",
"footnote": "",
"is_definition": true,
"sort_order": 112
},
{
"number": "115C",
"title": "115C. Qualifications and disqualifications for being committee member.",
"chapter": null,
"content": "(a) is continuously a member of the bank for a period of not less than three years and continues to be such member, and\n(b) has deposited in the bank an amount of not less than twenty thousand rupees and continues to so deposit.\n(b) A person shall be disqualified for being chosen as or for being a committee member,-\n(i) if such a person has made default in repayment of any loan taken from any bank or other society,\n(ii) if a company in which the person or any member of his family has any interest has made default in repayment of any loan taken from any bank or other society after the date when repayment of the loan has become due,\n(iii) if such person is convicted of an offence under Section 115-H.",
"footnote": "",
"is_definition": false,
"sort_order": 113
},
{
"number": "115D",
"title": "115D. Right to vote.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 114
},
{
"number": "115E",
"title": "115E. Term of office of officers.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 115
},
{
"number": "115F",
"title": "115F. Ensurance of certain things by committee.",
"chapter": null,
"content": "(a) information is furnished every month to the Registrar in such form as may be prescribed, regarding the loans taken from the bank by each committee member, members of the family and companies with which he is associated, in any manner;\n(b) the bank is registered as an insured bank under the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961);\n(c) defects in the working of the bank are rectified and financial irregularities disclosed in the course of audit of the bank or otherwise are remedied;\n(d) action to recover loans given by the bank is taken within one year from the date when repayment of the same has become due;\n(e) no financial loss is caused to the bank and any debt due to the bank which is not recovered within a period of one year from the date when it has become due shall be recovered;\n(f) civil and criminal proceedings against a person who, in the opinion of the committee, has misappropriated any fund of the bank are initiated;\n(g) the provisions of Sections 18 and 24 of the Banking Regulation Act, 1949 (10 of 1949) as applicable to co-operative societies and of Section 71 are complied with and if in its opinion any of the said provisions is contravened, such contravention is forthwith reported to the Registrar.",
"footnote": "",
"is_definition": false,
"sort_order": 116
},
{
"number": "115G",
"title": "115G. Urban Bank Credit Equalization Fund.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 117
},
{
"number": "115H",
"title": "115H. Offences and their punishment and cognizance.",
"chapter": null,
"content": "(b) It shall be an offence if a committee fails to ensure that information under clause (a) of Section 115-F.\n(c) It shall be an offence if a committee fails to ensure that a report under clause (g) of Section 115-F is true.\n(a) If it is an offence under clause (a) of sub-section (1) for failure to comply with the provisions of-\n(i) clause (a) of Section 115-F with fine which may extend to twenty thousand rupees;\n(ii) clause (b) of Section 115-F with imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees or with both;\n(iii) clause (c) of Section 115-F with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both;\n(iv) clause (d) of Section 115-F with imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees or with both;\n(v) clause (e) of Section 115-F with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both;\n(vi) clause (f) Section 115-F with imprisonment for a term which may extend of two years or with fine which may extend to two lakh rupees or with both;\n(vii) clause (g) of Section 115-F with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both.\n(b) If it is an offence under clause (b) of sub-section (1), with imprisonment for a term which may extend to two years or with fine which may extend to two lakh rupees or with both.\n(c) If it is an offence under clause (c) of Section (1), with imprisonment for a term which may extend to two years or with fine which may extend to two lakh rupees or with both.",
"footnote": "",
"is_definition": false,
"sort_order": 118
},
{
"number": "84",
"title": "115I. Application of the provisions of Section 84 to specified bank.",
"chapter": null,
"content": "(i) a bank having deposits of not less than fifty crores rupee;\n(ii) a bank which is a Scheduled Bank within the meaning of clause (e) of Section 2 of the Reserve Bank of India Act, 1934 (2 of 1934).",
"footnote": "",
"is_definition": false,
"sort_order": 119
},
{
"number": "115J",
"title": "115J. Chapter to override other provisions of Act.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 120
},
{
"number": "115K",
"title": "115K. Savings.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 121
},
{
"number": "115L",
"title": "115L. Transitory provision.",
"chapter": null,
"content": "Chapter XI\n[Land Development Banks]",
"footnote": "",
"is_definition": false,
"sort_order": 122
},
{
"number": "116",
"title": "116. Application of chapter to certain [Land Development Banks] .",
"chapter": null,
"content": "[(i) improvement and development of agriculture and productive purposes;]\n(ii) the erection, rebuilding or repairing of houses for agricultural purposes;\n(iii) the purchase or acquisition of title to agricultural lands by tenant purchasers or tenants under the Bombay Tenancy and Agricultural Land Act, 1948 (Bombay LXVII of 1948), or any corresponding law for the time being in force in any part of the State; [***]\n(iv) the liquidation of debt under the Bombay Agricultural Debtors Relief Act, 1947 (Bombay XXVIII of 1947), or any corresponding law for the time being in force in any part of the State;\n[(v) the purchase of agricultural lands by agriculturists whose agricultural lands have been acquired for any public purpose under the Land Acquisition Act, 1894 or any other law for the time being in force;\n(vi) promoting the development of animal husbandry, dairy farming, poultry farming, pisciculture or fishery; or\n(vii) purchase of shares in a co-operative society engaged in the manufacture of sugar.]\n(a) construction and repair of wells (including tube wells), tanks, and other works for the storage, supply or distribution of water for the purpose of agriculture, or for the use of men and cattle employed in agriculture;\n(b) renewal or reconstruction of any of the foregoing works, or alterations therein, or additions thereto;\n(c) preparation of land for irrigation;\n(d) drainage, reclamation from rivers or other waters, or protection from floods or from erosion or other damage by water, of land used for agricultural purposes, or waste land which is cultivable;\n(e) bunding and similar improvements;\n(f) reclamation, clearance and enclosure or permanent improvement of land for agricultural purposes;\n(g) horticulture;\n(h) purchase of oil-engines, pumping sets and electrical motors for any of the purposes mentioned herein;\n(i) purchase of tractors or other agricultural machinery;\n(j) increase of the productive capacity of land by addition to it of any special variety of soil;\n(k) construction of a permanent farm-house, cattle-sheds, and sheds for processing of agricultural produce at any stage;\n(l) purchase of machinery for crushing sugarcane, manufacturing gur or khandsari or sugar;\n(m) purchase of land for consolidation of holdings under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bombay LXII of 1947);\n(n) such other purposes as the State Government may, from time to time, by notification in the Official Gazette , declare to be [productive purposes] for the purpose of this Chapter.",
"footnote": "",
"is_definition": false,
"sort_order": 123
},
{
"number": "117",
"title": "117. Definition.",
"chapter": null,
"content": "(1) [ \"Land Development Bank\" ] means a Co-operative Bank registered or deemed to be registered under this Act, and to which this Chapter applies;\n(2) [ \"Primary Land Development Bank\" ] means a [Land Development Bank] recognized as [Primary Land Development Bank] by the Registrar.\n(3) [ \"State Land Development Bank\" ] means a [Land Development Bank] for the whole of the State of Gujarat and recognised as such by the Registrar.",
"footnote": "",
"is_definition": true,
"sort_order": 124
},
{
"number": "118",
"title": "118. Appointment, powers and functions of Trustee.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 125
},
{
"number": "119",
"title": "119. Issue of debentures.",
"chapter": null,
"content": "(a) where debentures are issued against mortgages held, the aggregate of-\n(i) the amounts due on the mortgages;\n(ii) the value of the properties and other assets transferred or deemed to have been transferred under Section 124 by the [Primary Land Development Bank] to the [State Land Development Bank] and subsisting at such time; and\n(iii) the amounts paid under the mortgages aforesaid and the unsecured amounts remaining in the hand of the [State Land Development Bank] or the Trustee at the time;\n(b) where debentures are issued otherwise than on mortgages held, the total amount as calculated under clause (a) increased by such portion of the amount obtained on the debentures as is not covered by a mortgage.",
"footnote": "",
"is_definition": false,
"sort_order": 126
},
{
"number": "120",
"title": "120. Guarantee by State Government.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 127
},
{
"number": "121",
"title": "121. Vesting of property in trustee and debenture holders charge on assets.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 128
},
{
"number": "122",
"title": "122. Priority of mortgage.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 129
},
{
"number": "123",
"title": "123. Order granting loans conclusive of certain matters.",
"chapter": null,
"content": "(a) that the work described or the purpose for which the loan is granted, is an improvement or productive purpose, as the case may be, within the meaning of Section 116;\n(b) that the person had at the date of the order a right to make such an improvement, or incur expenditure for productive purpose, as the case may be; and\n(c) that the improvement is one benefiting the land specified and the productive purpose concerns the land offered in security, or any part thereof as may be relevant.",
"footnote": "",
"is_definition": false,
"sort_order": 130
},
{
"number": "124",
"title": "124. Mortgages executed in favour of [Primary Land Development Banks] to stand vested in [State Land Development Banks] .",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 131
},
{
"number": "125",
"title": "125. Registration of mortgage in favour of [Land Development Banks] .",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 132
},
{
"number": "126",
"title": "126. Mortgages not to be questioned on insolvency of Mortgagors.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 133
},
{
"number": "127",
"title": "127. Right of [Land Development Bank] to pay prior debts of mortgagor.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 134
},
{
"number": "128",
"title": "128. Mortgages executed by manager's of joint Hindu Families.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 135
},
{
"number": "129",
"title": "129. Restrictions on lease.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 136
},
{
"number": "8",
"title": "130. Section 8 of Act XXXII of 1956 to apply to mortgages to [Land Development Banks] , subject to certain modifications.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 137
},
{
"number": "131",
"title": "131. Power of [Primary Land Development Bank] to receive money and give discharge.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 138
},
{
"number": "132",
"title": "132. Powers of [Land Development Bank] where mortgage property is destroyed or security becomes insufficient.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 139
},
{
"number": "133",
"title": "133. Power to distrain.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 140
},
{
"number": "134",
"title": "134. Sale of mortgaged property.",
"chapter": null,
"content": "(a) notice in writing requiring payment of such mortgage money or part thereof has been served upon-\n(i) the mortgagor or each of the mortgagors,\n(ii) any person who has any interest in or charge upon the property mortgaged, or in or upon the right to redeem the same so far as is known to the bank, (iii) any surety for the payment of the mortgaged debt or any part thereof, and (iv) any creditor of the mortgage who has in a suit for administration of his estate obtained a decree or sale of the mortgaged property, and (b) no payment of such mortgaged money or part thereof, has been made till the expiry of three months after service of the notice. (3) If the [Primary Land Development Bank] fails to take action against the mortgagor under Section 132, Section 133 or under this section, the [State Land Development Bank] may direct it to take appropriate action and where no action is taken by the [Primary Land Development Bank] , the [State Land Development Bank] , may take such action and where the [State Land Development Bank] fails to take action, the 'trustee may direct it to take such action and where no action is taken thereupon by the [State Land Development Bank] , the Trustee may take such action.\n(iii) any surety for the payment of the mortgaged debt or any part thereof, and\n(iv) any creditor of the mortgage who has in a suit for administration of his estate obtained a decree or sale of the mortgaged property, and\n(b) no payment of such mortgaged money or part thereof, has been made till the expiry of three months after service of the notice.",
"footnote": "",
"is_definition": false,
"sort_order": 141
},
{
"number": "135",
"title": "135. Right of mortgage bank to buy mortgaged property.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 142
},
{
"number": "136",
"title": "136. Confirmation of sale.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 143
},
{
"number": "137",
"title": "137. Disposal of sale proceeds.",
"chapter": null,
"content": "(a) the unsecured dues owned by the mortgagor to the [State Land Development Bank] or [Primary Land Development Bank] may be adjusted, and\n(b) the unsecured dues owned by any members or past member of either of the above mentioned banks to whom the mortgagor is indebted may also be adjusted under the written authority given by such member and past member, and after holding such inquiry as may be deemed necessary.",
"footnote": "",
"is_definition": false,
"sort_order": 144
},
{
"number": "138",
"title": "138. Certificate to purchases, delivery of property and title of purchaser.",
"chapter": null,
"content": "(b) Where the property sold is in the occupancy of tenant or other person entitled to occupy the same, and a certificate in respect thereof has been granted under sub-section (1) the Court shall, on the application of the purchaser and after notice to such tenant or other person, order the delivery to be made by affixing copy of the certificate of sale in a conspicuous place on the property and proclaiming to the occupant by beat of drum or other customary mode at some convenient place that the right, title and interest of the mortgagor have been transferred to the purchaser.",
"footnote": "",
"is_definition": false,
"sort_order": 145
},
{
"number": "139",
"title": "139. Recovery of loans on certificate by Registrar.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 146
},
{
"number": "140",
"title": "140. Collector to make recoveries during certain period.",
"chapter": null,
"content": "(a) from the borrower as if they were arrears of land revenue due by him;\n(b) out of the land for the benefit of which the loans has been granted as if they were arrears of land revenue due in respect of that land;\n(c) from a surety (if any) as if they were arrears of land revenue due by him;\n(d) out of the property comprised in the collateral security (if any according to the procedure for the realisation of land revenue by the sale of immovable property other than the land on which the revenue is due.",
"footnote": "",
"is_definition": false,
"sort_order": 147
},
{
"number": "141",
"title": "141. Provision or guarantee funds to meet certain losses.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 148
},
{
"number": "142",
"title": "142. Agreements executed by members for loans advanced by [Land Development Banks] to be conclusive evidence.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 149
},
{
"number": "143",
"title": "143. Exemption of officer of [Land Development Bank] from personal appearance before registering officers.",
"chapter": null,
"content": "[143A. Transfer of rights and liabilities of Government in respect of schemes sanctioned under Bombay XXVIII of 1942.",
"footnote": "",
"is_definition": false,
"sort_order": 150
},
{
"number": "144",
"title": "144. Service of notice.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 151
},
{
"number": "145",
"title": "145. Officers of banks not to bid at sales.",
"chapter": null,
"content": "[Chapter XI]\nElections ofs Committees and Officers of Certain Societies",
"footnote": "",
"is_definition": false,
"sort_order": 152
},
{
"number": "145A",
"title": "145A. Application.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 153
},
{
"number": "145B",
"title": "145B. Definitions.",
"chapter": null,
"content": "(a) \"Collector\" means the Collector having jurisdiction over area in which the registered office of the society concerned is situated and includes the Additional Collector, and also any officer not below the rank of Deputy Collector appointed by the State Government to exercise the powers and perform the duties of the Collector under this Chapter;\n(b) \"election\" means election of a member or members of the committee of a specified society;\n(c) \"specified society\" means a society belonging to any of the categories specified in Section 74-C.",
"footnote": "",
"is_definition": true,
"sort_order": 154
},
{
"number": "145C",
"title": "145C. Time when election to be held.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 155
},
{
"number": "145D",
"title": "145D. Conduct of elections.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 156
},
{
"number": "145E",
"title": "145E. Cost of conducting elections.",
"chapter": null,
"content": "(b) Within eight days from the receipt of such requisition from the, Collector, the society shall deposit the specified amount with Collector.\n(b) Within six months from the declaration of results of the election, the Collector shall render the accounts to the society concerned and-\n(i) Where the expenditure is less than the amount of deposit he shall refund to the society the balance of the amount remaining with him; and\n(ii) where the expenditure exceeds, the amount of deposits, he shall by, written requisition call upon the society to pay the amount of excess expenditure specified by him in such requisition, within eight days from the receipt of such requisition and the society shall comply with such requisition.",
"footnote": "",
"is_definition": false,
"sort_order": 157
},
{
"number": "145F",
"title": "145F. Disqualification for membership.",
"chapter": null,
"content": "(a) if he is a salaried employee of any society (other than a society of employees themselves) or holds any office of profit under any society, except when he holds or is appointed to the office of a Managing Director or any other office under the society declared by the State Government by general or special order not to disqualify its holder;\n(b) if he has been convicted of an offence punishable under Section 153-A or Section 171-E or Section 171-F or sub-section (2) or sub-section (3) of Section 505 of the Indian Penal Code, 1860 (XLV of 1860), or under Section 145-R or clause (a) of sub- section (2) of Section 145-S of this Act, unless a period of six years has elapsed since the date of his conviction;\n(c) if he has been convicted by a Court in India for any offence and sentenced to imprisonment for not less than two years, unless a period of five years has elapsed since his release;\n(d) if he is found guilty of a corrupt practice under this Chapter by the State Government unless a period of six years has elapsed since the date on which the decision of the State Government takes effect;\n(e) if he is also disqualified by or under any other provision of this Act.\n(b) no person elected as a member of a society in the Central Co-operative Bank and the State Co-operative Bank shall be continued as a member if he is in default for a period exceeding twelve months in payment of dues to the society unless the amount in default with due interest is paid to the society;\n(c) no member of a Primary Agricultural Credit Co- operative Society shall be eligible to be elected as a member in the committee of the State Co-operative Bank or a Central Co-operative Bank if the society is in default in payment of dues to the co-operative bank unless the default with due interest is paid to the co-operative bank;\n(d) no member of a non-credit society who is a member in the committee of a Central Co-operative Bank or the State Co- operative Bank shall be continued as such member if the society commits default for a period exceeding 90 days in payment of dues to the bank.\n(ii) The above provisions shall be in addition to and not in derogation of any other provisions for disqualification contained in this Act.]\n[145G\n[145H",
"footnote": "",
"is_definition": false,
"sort_order": 158
},
{
"number": "145I",
"title": "145I. Removal or reduction of period of disqualification.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 159
},
{
"number": "145J",
"title": "145J. Corrupt practices.",
"chapter": null,
"content": "(1) \"Bribery\" that is to say-\n(A) Any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing-\n(a) a person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at an election, or\n(b) an elector to vote or refrain from voting at an election, or as a reward to-\n(i) a person for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature; or\n(ii) an election for having voted or refrained from voting;\n(B) the receipt of, or agreement to receive, any gratification, whether as a motive or a reward-\n(a) by a person for standing or not standing as, or for withdrawing or not withdrawing from being a candidate; or\n(b) by any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate to withdraw nor not to withdraw his candidature.\n(2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person with the consent to the candidate or his election agent with the free exercise of any electoral right :\n(a) without prejudice to the generality of the provisions of this clause, any such person as is referred to therein who-\n(i) threatens any candidate or any elector or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community; or\n(ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause;\n(b) a declaration of public policy or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause.",
"footnote": "",
"is_definition": false,
"sort_order": 160
},
{
"number": "145K",
"title": "145K. Maintenance of secrecy of voting.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 161
},
{
"number": "145L",
"title": "145L. Officers etc. at election not to act for candidates or to influence voting.",
"chapter": null,
"content": "(a) to persuade any person to give his vote at an election, or\n(b) to dissuade any person from giving his vote at an election, or\n(c) to influence the voting of any person at an election in any manner.",
"footnote": "",
"is_definition": false,
"sort_order": 162
},
{
"number": "145M",
"title": "145M. Prohibition of canvassing in or near polling station.",
"chapter": null,
"content": "(a) canvassing for votes; or\n(b) soliciting the vote of any election; or\n(c) persuading any elector not to vote for any particular candidate; or\n(d) persuading any elector not to vote at the election; or\n(e) exhibiting any notice or sign (other than an official notice) relating to the election.",
"footnote": "",
"is_definition": false,
"sort_order": 163
},
{
"number": "145N",
"title": "145N. Penalty for disorderly conduct in or near polling station.",
"chapter": null,
"content": "(a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loud-speaker, or\n(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officer and other person on duty at the polling station.",
"footnote": "",
"is_definition": false,
"sort_order": 164
},
{
"number": "145O",
"title": "145O. Penalty for misconduct at the polling station.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 165
},
{
"number": "145P",
"title": "145P. Penalty for illegal hiring or procuring of conveyances at elections.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 166
},
{
"number": "145Q",
"title": "145Q. Breaches of a official duty in connection with election.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 167
},
{
"number": "145R",
"title": "145R. Removal of a ballot paper from polling station to be offence.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 168
},
{
"number": "145S",
"title": "145S. Other offence and penalties therefor.",
"chapter": null,
"content": "(a) fraudulently defaces or fraudulently destroys any nomination paper; or\n(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of a Returning Officer; or\n(c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark, on any ballot paper or any declaration of identity or official envelope used in connection with voting by postal ballot; or\n(d) without due authority supplies, any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or\n(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or\n(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or\n(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.\n(a) if he is a Returning Officer or an Assistant Returning Officer or a Presiding Officer at a polling station or any other officer or clerk employed on official duty in connection with the election, on conviction, be punished with imprisonment for a term which may extend to two years or with fine, or with both;\n(b) if he is any other person, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both.",
"footnote": "",
"is_definition": false,
"sort_order": 169
},
{
"number": "149",
"title": "145T. Application of Section 149 to offences under this Chapter subject to certain modifications.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 170
},
{
"number": "145U",
"title": "145U. Disputes relating to elections to be submitted to the [Tribunal] .",
"chapter": null,
"content": "(a) proof of facts by affidavit;\n(b) summoning and enforcing the attendance of any person and examining him on oath;\n(c) compelling discovery or the production of documents, and\n(d) issuing commissions for the examination of witnesses.",
"footnote": "",
"is_definition": false,
"sort_order": 171
},
{
"number": "145V",
"title": "145V. Deposit towards cost for hearing and power to award cost.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 172
},
{
"number": "145W",
"title": "145W. Contents of petitions.",
"chapter": null,
"content": "(a) contain a concise statement of the material facts on which the petitioner relies;\n(b) set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and\n(c) be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (V of 1908) for the verification of pleadings:",
"footnote": "",
"is_definition": false,
"sort_order": 173
},
{
"number": "145X",
"title": "145X. Relief that may be claimed by the petitioner.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 174
},
{
"number": "145Y",
"title": "145Y. Powers to make rules for purposes of this Chapter.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 175
},
{
"number": "145Z",
"title": "145Z. Special provision for election of officers of specified societies.",
"chapter": null,
"content": "Chapter XII\nOffences and Penalties",
"footnote": "",
"is_definition": false,
"sort_order": 176
},
{
"number": "146",
"title": "146. Prohibition of use of the word \"Co-operative\".",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 177
},
{
"number": "147",
"title": "147. Offences.",
"chapter": null,
"content": "(a) any person makes a declaration referred to in Section 23 which he knows or has reason to believe to be false;\n(b) any member of a society transfers any property or interest in property in contravention of sub-section (2) of Section 48 or any person knowingly acquires, or abets the acquisition of, such property;\n(c) any employer or any director, manager, secretary or other officer or agent acting on behalf of such employer without sufficient cause, fails to comply with sub-section (2) of Section 50;\n(d) a committee of a society or an officer or member thereof fails to invest funds of such society in the manner required by Section 71;\n(e) any person collecting share money for a society in formation, does not within a reasonable period deposit the same in the State Co-operative Bank, or a Central Co-operative Bank, or an Urban Co-operative Bank, or a postal savings bank;\n(f) any person, collecting the share money for a society in formation, makes use of the funds so raised for conducting any business or trading in the name of a society to be registered or otherwise;\n[(f-a) any person before, during or after the election of members of the Managing Committee or office bearers, adopts corrupt practice;]\n(g) a retiring chairman to whom a direction has been issued under subsection (2) of Section 75 fails to comply with such direction;\n[(g-i) a committee of a society or a member thereof fails to comply with the provisions of Section 75-A;]\n(h) a committee of a society, or an officer or member thereof, fails to comply with the provisions of sub-section (2), (3) or (4) of Section 77;\n(i) any officer or member of a society who is in possession of information, books, records, fails to furnish such information or produce books and papers, or give assistance to a person appointed or authorised by the State Government or the Registrar under Sections 80, 81, 84, 86, 87, 99 or 108;\n(j) any officer of a society fails to hand over the custody of books, records cash security and other property belonging to the society of which he is an officer, to a person appointed under Section 80, 81 or 108;\n(k) a committee of a society with a working capital of fifty thousand rupees or more, or any officer or a member thereof fails without any reasonable excuse to comply with orders made under Section 82 or to give any notice, or to send any return or document, do or allow to be done anything, which the committee, officer or member is by this Act required to give, send, do or allow to be done;\n(l) a committee of a society or an officer or member thereof wilfully neglects or refuses to do any act, or to furnish any information required for the purposes of this Act by the Registrar or other person duly authorised by him in writing in this behalf;\n(m) a committee of a society, or an officer or member thereof, wilfully makes a false return, or furnishes false information or fails to maintain proper accounts;\n(n) an officer or a society fails to comply with the order made by the Registrar under Section 83;\n[(n-a) any person wilfully or without any reasonable excuse disobeys any summons, requisition or lawful written order issued under the provisions of this Act;]\n(o) an officer, member, agent or servant of a society fails to comply with the requirements of sub-section (4) of Section 84;\n[(o-a) any officer or custodian who wilfully fails to hand over custody of book, accounts, records, cash, security and other property belonging to a co-operative society of which he is an officer or custodian, to an authorised person;]\n(p) an officer or a member of a society wilfully fails to comply with any decision, award or order passed under Section 98;\n(q) a member of a society fraudulently disposes of property over which the society has a prior claim, or a member or officer or employee or any person disposes of his property by sales, transfer, mortgage, gift or otherwise, with the fraudulent intention of evading the dues of the society; (r) an officer of a society wilfully recommends or sanctions for his own personal use or benefit or for use or benefit of a person in whom he is interested, a loan in the name of any other person; (s) an officer or member of a society destroys, mutilates, tampers with or otherwise alters, falsifies or secretes 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. (2) Where an offence under this Act has been committed by a committed of a society, every person who at the time the offence was committed, was a member of such committee, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :\n(r) an officer of a society wilfully recommends or sanctions for his own personal use or benefit or for use or benefit of a person in whom he is interested, a loan in the name of any other person;\n(s) an officer or member of a society destroys, mutilates, tampers with or otherwise alters, falsifies or secretes 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.",
"footnote": "",
"is_definition": false,
"sort_order": 178
},
{
"number": "147",
"title": "148. Punishments for offences under Section 147.",
"chapter": null,
"content": "(a) if it is an offence under clause (a) of that section, with simple imprisonment which may extend to six months, or with fine which may extend to five hundred rupees or both;\n(b) if it is an offence under clause (b) of that section, with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both;\n(c) if it is an office under clause (c) of that section, with imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both;\n(d) if it is an offence under clause (d) of that section, with fine which may extend to five hundred rupees;\n(e) if it is an offence under clause (e) of that section, with fine which may extend to five hundred rupees;\n(f) if it is an offence under clause (f) of that section, with imprisonment for a term which may extend to one year, or with fine, or with both;\n[(f-(i) ) if it is an offence under clause (f-a) of that section, with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both;]\n(g) if it is an offence under clause (g) of that section, with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or both;\n[(g-i) if it is an offence under clause (g-i) of that section, with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both;]\n(h) if it is an offence under clause (h) of that section, with fine which may extend to two hundred and fifty rupees;\n(i) if it is an offence under clause (I) of that section, [with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both;]\n(j) if it is an offence under clause (j) that section, with fine which may extend to five hundred rupees;\n(k) if it is an offence under clause (b) of that section, with fine which may extend to five hundred rupees;\n(l) if it is an offence under clause (1) of that section, with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;\n(m) if it is an offence under clause (m) of that section, with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both;\n(n) if it is an offence under clause (n) of that section, with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both;\n[(n-(i)) if it is an offence under clause (n-a) of that section, with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both;]\n(o) if it is an offence under clause (o) of that section, with fine which may extend to [five hundred rupees] ;\n[(o-(i)) if it is an offence under clause (o-a) of that section, with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both;]\n(p) if it is an offence under clause (p) of that section, with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both;\n(q) if it is an offence under clause (q) of that section, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both;\n(r) if it is an offence under clause (r) of that section, with imprisonment for a term which may extend to two years, or with fine, or with both;\n(s) if it is an offence under clause (s) of that section, with imprisonment for a term which may extend to three years, or with fine, or with both;",
"footnote": "",
"is_definition": false,
"sort_order": 179
},
{
"number": "149",
"title": "149. Cognizance of offences.",
"chapter": null,
"content": "Chapter XIII\nAppeals, Review and Revision",
"footnote": "",
"is_definition": false,
"sort_order": 180
},
{
"number": "150",
"title": "150. Gujarat State Co-operative Tribunal.",
"chapter": null,
"content": "(a) is adjudged an insolvent, or\n(b) engages during his term of office in any paid employment outside the duties of his office unless such employment is authorised by the State Government, or\n(c) is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the State Government or participates in any way in the profit thereof or in any benefit or emoluments arising therefrom otherwise than as a member, or\n(d) is in the opinion of the State Government, unfit to continue in office by reason of infirmity of mind or body, or\n(e) is convicted of an offence involving moral turpitude.]",
"footnote": "",
"is_definition": false,
"sort_order": 181
},
{
"number": "151",
"title": "151. Review of orders of Tribunal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 182
},
{
"number": "152",
"title": "152. Tribunal to have power of Civil Court.",
"chapter": null,
"content": "(a) proof of facts by affidavit,\n(b) summoning and enforcing the attendance of any person and examining him on oath;\n(c) compelling the production of documents, and\n(d) issuing commissions for the examination of witnesses.",
"footnote": "",
"is_definition": false,
"sort_order": 183
},
{
"number": "153",
"title": "153. Appeals.",
"chapter": null,
"content": "(a) if made or sanctioned or approved by the Registrar, or an Additional or Joint Registrar on whom powers of the Registrar are conferred, to the State Government.\n(b) if made or sanctioned by any person other than the Registrar, or an Additional or Joint Registrar on whom the powers of the Registrar are conferred, to the Registrar.\n(a) to the State Government if the order was made with the sanction or approval of the Registrar, and\n(b) to the Registrar in any other case.",
"footnote": "",
"is_definition": false,
"sort_order": 184
},
{
"number": "154",
"title": "154. Extension of period of limitation by appellate authority in certain cases.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 185
},
{
"number": "155",
"title": "155. Power of State Government and Registrar to call for proceedings of subordinate officers and to pass orders thereon.",
"chapter": null,
"content": "Chapter XIV\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 186
},
{
"number": "156",
"title": "156. Constitution of State Co-operative Council, its functions etc.",
"chapter": null,
"content": "(A) Chairman\n(i) Minister in charge of the Department dealing with co- operative societies in the State.\n(B) Vice-Chairman\n[(ii) Minister of State dealing with the Co-operative societies in the State or in the absence of such Minister of State, Deputy Minister dealing with that subject shall be ex-officio Vice-Chairman. If there is neither such Minister of State nor such Deputy Minister, the Vice-Chairman shall be elected by the council from amongst its member :] [Provided that during the operation of a Proclamation issued under clause (1) of Article 356 of the Constitution, the Chairman and the Vice-Chairman shall be appointed by the Governor.]\n(iii) Chairman of Apex societies.\n(iv) Seven members to be nominated by the State Government out of which one shall be a woman, one a person belonging to a Scheduled Caste and one a person belonging to a Scheduled Tribe.\n(v) Three members to be elected by the Members of the Gujarat Legislative Assembly from amongst themselves.\n(vi) The Secretary to the Government in the Department dealing with Cooperative societies.\n(vii) The Registrar of Co-operative Societies, Gujarat State.\n(viii) The Director of Agriculture, Gujarat State.\n(ix) The Director of Industries, Gujarat State.\n(a) to advise the State Government on all general questions relating to cooperative movement;\n(b) to review the co-operative movement and to suggest ways of co- ordinating the activities of co-operative societies in the State;\n(c) to suggest ways and means to remove the difficulties experienced by the co-operative societies in the State in their administration.\n(d) to make suo motu recommendations to the State Government in regard to any matter relating to the administration of co-operative societies; and\n(e) to report to the State Government on such matters as may be referred to it by the State Government for its opinion.\n(a) the calling of the meetings of the Council and the procedure at meetings;\n(b) duties of the Secretary to the Council;\n(c) sub-committees of the Council;\n(d) the term of office of nominated members of the Council and travelling allowance and daily allowance admissible to the members of the Council.",
"footnote": "",
"is_definition": false,
"sort_order": 187
},
{
"number": "157",
"title": "157. Recovery of sums due to Government.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 188
},
{
"number": "158",
"title": "158. Competency of a member to transfer land or interest therein to society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 189
},
{
"number": "159",
"title": "159. Registrar's powers to recover certain sums by attachment and sale of property.",
"chapter": null,
"content": "(a) any amount due under a decree or order of a Civil Court obtained by a society,\n(b) any amount due under a decision, award or order of the Registrar, his nominee or the board of nominees or Liquidator or Tribunal,\n(c) any sum awarded by way of costs under this Act,\n(d) any sum ordered to be paid under this Act as a contribution to the assets of the society, together with interest, if any, due on such amount or sum and the costs of recovering the same by the attachment and sale or by sale without attachment of the property of the person against whom such decree, decision, award or order has been obtained or passed.\n[160. Registrar's power to give direction.\n(a) if such failure is committed by a member of the committee of the society in his capacity as a member of such committee, remove him as a member from the committee and appoint any other person as a member of the committee in his place for the remainder of the term of his office;\n(b) if such failure is committed by a member of the society not falling under clause (a), remove him as a member of the society;\n(c) if such failure is, committed by an employee of the society, direct the society to remove such employee from employment of the society forthwith and if the society fails, without reasonable or sufficient cause to take action in pursuance of such directions, make an order removing such person from employment of the society and thereupon such person shall be deemed to have been removed by the society :",
"footnote": "",
"is_definition": false,
"sort_order": 190
},
{
"number": "161",
"title": "161. Power to exempt societies from provisions of Act.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 191
},
{
"number": "162",
"title": "162. Delegation of powers of State Government and of Registrar.",
"chapter": null,
"content": "(a) any power exercisable by it under this Act except the power under subsection (1) of Section 153 and Section 168 thereof to the Registrar;\n(b) all or any of the Registrar under this Act to any committee constituted or to any co-operative federal society recognised under Section 95 or to an officer of such society or to any panchayat constituted under any law relating to panchayats for the time being in force.",
"footnote": "",
"is_definition": false,
"sort_order": 192
},
{
"number": "163",
"title": "163. Branches etc. of societies outside the State.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 193
},
{
"number": "164",
"title": "164. Registrar and other officers to be public servants.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 194
},
{
"number": "165",
"title": "165. Indemnity for acts done in good faith.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 195
},
{
"number": "166",
"title": "166. Bar of jurisdiction of Courts.",
"chapter": null,
"content": "(a) the registration of a society or its bye-laws, or the amendment of its bye-laws, or the dissolution of the committee of a society, or the management of the society on dissolution thereof; or\n(b) any dispute required to be referred to the Registrar, or his nominee, or board of nominees, for decision;\n(c) any matter concerned with the winding up and dissolution of a society.",
"footnote": "",
"is_definition": false,
"sort_order": 196
},
{
"number": "167",
"title": "167. Notice necessary in suits.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 197
},
{
"number": "168",
"title": "168. Rules.",
"chapter": null,
"content": "(a) for the whole or any part of the State of Gujarat and for any society or class of societies, and\n(b) to provide for all matters expressly required or allowed by this Act to be prescribed by rules.\n[168A. Transitory provisions.",
"footnote": "",
"is_definition": false,
"sort_order": 198
},
{
"number": "169",
"title": "169. Repeal, saving and construction.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 199
},
{
"number": "170",
"title": "170. Companies Act not to apply.",
"chapter": null,
"content": "[Schedule]\n[ See Section 74(C)]\n[ See Section 74(C)]\nApex Societies\nApex Societies\n(1) The Gujarat State Co-operative Land Development Bank Limited.\n(2) The Gujarat State Co-operative Bank Limited.\n(3) The Gujarat State Co-operative Consumers Federation Limited, Ahmedabad.\n(4) The Gujarat Pustkalaya Sahayak Sahakari Mandal Limited, Vododara.\n(5) The Gujarat State Co-operative Kheti Sangh Limited, Ahmedabad.\n(6) The Gujarat State Poultry Farmers' Co-operative Federation Limited, Bharuch.\n(7) The Gujarat State Co-operative Housing Finance Society Limited, Ahmedabad.\n(8) The Gujarat Co-operative Milk Marketing Federation Limited, Anand.\n(9) The Gujarat State Co-operative Marketing Federation Limited, Ahmedabad.\n(10) The Gujarat State Co-operative Cotton Marketing Federation Limited, Ahmedabad.\n(11) The Gujarat State Co-operative Oil Seeds Growers' Federation Limited, Bhavnagar.\n(12) The Gujarat State Co-operative Oil Industries Limited, Ahmedabad.\n(13) The Gujarat State Co-operative Fruits and Vegetable Federation Limited, Bardoli, District Surat.\n(14) The Gujarat Industrial Co-operative Bank Limited, Ahmedabad.\n(15) The Gujarat State Co-operative Industrial Association Limited, Ahmedabad.\n(16) The Gujarat State Mitha Utpadak Sahkari Sangh Limited, Surendranagar],",
"footnote": "",
"is_definition": false,
"sort_order": 200
}
],
"metadata": {
"Act ID": "Last Updated 16th May, 2019 [guj029]",
"Act Number": "(Gujarat Act No. 10 of 1962)",
"Enactment Date": "",
"Act Year": "1961",
"Short Title": "The Gujarat Co-Operative Societies Act, 1961",
"Type": "STATE",
"Location": "Gujarat"
},
"updated_at": "2026-09-29 21:55:19"
}