2 *twrzh ro 3-221

2 · *twrzh ro 3-221

4o · 52] No. 52]

7f · faoait, #TRant, RN 15, 1965 51t7 24, 1886 NEW DELHI, MONDAY, MARCH 15, 1965 PHALGUNA 24, 1886

1 · (1) Any reference in the Act to Jaw not in force. O1" IO functionary not in existence in the Union terrilory of Dadra and Nagar Haveli shall be construed '5 reference Lo the corresponding laW in force. Or t0 the corresponding func- tionary in existence; in that Union territory: Provide| thal i ahy question Arises AS t0 who sueh functionary is the eeision c[ (he Administrator 0f Dadra an(| Nagar Haveli shall be (inal (2) Throughout the Act; unless otherwise directed (a) Toc lhe Words "Slle Government". the Word Administralor shall be substiiuied anal chcre shall also be made in a sentence in which ihese word ; occur sheh consequential amendnents US the rules 0l grannar ta require; '5) for Lhe words "State 04 Cujaral" tia Words "Union territory 0[ Dadra and I:E ' Hawveli' slall be suhstituled;

179 · )

5 · . In clause (d) of sub-section (1) ol' seclion 22 . in the first paragraph of section 29 and in section 43 , for the words "State Government" the fords "Central Goverment" shall be substituted. 6 . In sub-section (1) of section 49 ~ (a) in the proviso to clause (d); for the words State Government"_ the words Central Government shall he substituted; (b) for clause (g) , the following clause shall besubstituted, namely: (g) the Record ol Rights relating t0 the land shall include the particulars of every charge on and Or interest created under declaration uder clause (a) 01" clause (b)

8 · In section 66 . in sub-section (2)_ the words Lo contribution to the educa- tional [und 0[' Such Cederal co-operative sociely a5 the State Government may by notificalion in tbe Oficial Gazelte specily 45 the Gujarat State Co-operative Union 10 the payment 0' rebate On the basis af support received From members and persons who are not members to its business and subject to the prescribed"' conditions to paynent of honoraria; shall be omitted.

9 · Section 69 shall be omitled.

10 · Ln seclion 70: the words and figures and For the cducational fund as pro- vicled in section 60, shall be omitted, and Lor clauses (a) and (b) . the words "of the Administrator shall be suhstiluted.

11 · Iu section 7(_ in sub-seetion (2). for the words 'State Co-operalive Council" (ie word Administrator shall be substituted.

12 · In seclion 8L, Tor the word Adminisirator"' O1 administrators whererer il occurs, Uie words "Speeial Ollicer" OL Speeial Onicers' 45 (be case may be . ahall he subaticuted.

936 · T61

13 · In section 90, in sub-section (1). ior the words "Conzolidated Fund of the Sitate the words "Consolidated Fund of India shall be substituted_

14 · In the proviso t0 section 103 and in section 105, for the words "the Collec - tor" wherever they occur, the words the Mamlatdar shall be substituted_

15 · In section 106, (a) in sub-section (1), the words and figures as defined under the Bombay Agricultural Debtors Relief Act; 1947 shall be omitted; (b} tor sub-section (4) , the following sub-sections shall be substituted, namely: (4) Until the arrears due to the Society together with interest and any incidental charges incurred in the recovery of such arrears are paid, Or" security for payment of such arrears is furnished to the satis- faction of the Registrar; it shall be lawful for the Mamlatdar and the Registrar to take the following precautionary measures, namely; (i) to prevent the erop being removed from the land; (ii) (a) to require that the crop growing on land liable to tbe shali pay - ment of arrears due 10 the society not be reaped until a notice in writing is Biven to the Manlatdar Or the Registrar a5 the case may be; in this behalf; with an acknowledgment of its receipt; (b) to direct that no such crop shall be removed from the land on which it has been reaped 01" from any place in which it may have been deposited without the written permission of the Mamlatdar or the Registrar: (c) to cause watchmen io be placed for any such crop to prevent the unlawful reaping or removal of the same and to realise the amount required for the remuneration of the said watchmen at such rate not exceeding the rate of pay received by such watch- nen a3 an arrear of land revenue due in respect of the Jand to which crop belongs. (5) The Manlatdar's Or Registrar' s orders under sub-clause (a) Or (b) of clause (ii ) of suh-section (4) may be issued generally Or in individual cases, If the order be general it shall be made known by public proclamation t0 be made by beat of drum in the village and by alixing copy of the order in the Patelad Or some other public building in the village. If it be to individual holders, 3 notice thereof shall be served on each holder concerned. (6) 4ny person who shall disobey any such order aiter the same bas been So proclaimed, or notice thereof has been served upon him, Or who shall within the meaning of the Indian Penal Code (45 of 1860), abet the disobedience of any such order shall be liable; on convic- tion atter summary inquiry before the Mamlatdar; to fine not exceeding double the amoutt of land revenue due on the land to which the crop belongs in respect of which the oflence is committed.

17 · In section 116. (a) in clauses (iii) and (iv) . tha words in any part of the State"' shall be omitted; (b) inl Explanation 2.in elause (1 ) the Fords or" any olher corresponding law for the time being in farce" shall be inserted at he end.

18 · In sections 119_ 120 and 141 for the words "State Government" wherever they Occur; the words "Central Government" shall be substituted 19 In section 130, for the word "Collector" the word "Mamlatdar" and for the word Commissioner the words "Collector. Dadra and Nagar Haveli" shall be substituted. 20 In section 139, in sub-section (3) , for the words and figures "It shall be lawful for tbe Collector to take precautionary measures authorised by sections 140 to 144 of the Land Revenue Code the words and figures "It shall be lawful for the Mamlatdar to take the precautionary measures authorised under sub- section (4) af section 106" shall be substituted 21_ In clause (i) of sub-section (1) of section 147, for the words "State Gov- ernment' the words "Central Government; Administrator shall be substituted 22_ In sub-section (1) of section 150, for the words "Gujarat State Co-operative Tribunal" the words "Dadra and Nagar Haveli Co-operative Tribunal" shall 0 substituted.

23 · Section 156 shall be omitted

28 · . In section 168, sub-sections (4) and (5) shall Ve omitted_ 29. Section 164 shall be omilted.

1 · Short titie, ertent and commencemenl_() This Act may be called the Gujaral Co-operative Societies Act, 1461. (2) It exiends to the whole of the Union territory of Dadra and Nagar Haveli: () Itshall come into [orce On sueh dale as Ghe Administralor may, by atif- cation in the Oflicial Gazette, appoint; and dilferent daies may be appointed for different provisions of the Acl,

2 · Deinitions _Iu this Ack unless Ahie contexi otherwise requires; ( "Aduinistralor" Ineans The Administrator of the Union territory of Dadra an Nagar ifaveli;

6 · Coudilions 0 Registration_( 1) No society other than a federal society shall be regislered under this Act unless it consists of' al least ten persons (each of such persons being member of difrerent family) , who are qualified t0 be members inder this Act and who reside in thie area of operation of the society.

8 · Applieation fcr resistration _(1) For the purposes of registration. an appli- cation shall be made t the Registrar in the presrribed form: and shall be acconi- panied hy Kour copies 01 {he propesed by-laws QE che society. The person by 4hom, 0T 0h whose Ienali, such application is made; shall furniah Suct: informa- Cion in regard K0 Ke "Oeiely. 15 the Registra" na require.

3 · (ii)]

9 · Registration and provisional registration, certifcate of registration _(1) On receipt of an application for registration from society (a) if the Registrar is satisfied that the society has complied with the provi- sions of this Act and the rules as Lo registration and that its by-laws are not 'contrary to this Act and the rules, he shall register the society and its by-laws; and

11 · Power cf Registrar to decide certain queslions:_When , aDy question arises whether for the purpose 0f the formation Or registration or continuance o[ 4 society Or the admission of person 25 member of society under this Act person is an agriculturist Or non-agriculturist, Or whether any person is resident in town OT village 0r grcup of villages, or whether EWO Or more villages shall be considered to torm group. 0r whether any person belongs to Wy particular tribe; class Or occupation. the question shall be decided b; the Registrar.

12 · Classificatiox of socielies -Tne Registrar may classify all societies in such manner, and into Such classes, 45 he thinks il; and the classification Of society under any he:d of classilicalion b the Registrar shall be final.

13 · Aneniment pf by-avs Of scciety (1) Nc amendnent of the by-law; of sociely shall be valid util registered under this Act: For the purpose Of registration of Jn amendment of the by-laws: a copy of the amnendment passed; in the manner prescribed, at general meeting of the society. shall be orwrarded to the Registrar;

19 · Reconstruction of societics_Where compromise Or arrangement is; pra - posed (a) between society and its creditors, Or (b) between a society and its members the Registrar may on the application of the society Or" of any member 01" of any creditor of the sociely; or in the case of a society which is being wound up. of tle liquida tor, order reconstruetion in the prescribed malner; 0f the society 20. Cancellation of registration._(1) The_ Registrar shall make an order can- celling the rcgistration of socicty if it transfers the whole of its assets and iiabili- ties to another sociely , or amalganates with another society 0r divides iself inlo Iwo O1' mor soeielies Or' il its afrairs are woud up 0r" it has not commenced business within a reasonable time ol' its registration Or has ceased t0 function: (2 An orde made Uidler sub-section (1) shall be published in the Ofjicial Gazette. ( Te sociely shal; (2om the (ate OE sueh order of_cancellation; be deemed 1o De dissolved :ud shall cease t0 exist 45 corporate body 2 Parteership of sociclic; ( IY Lwo 01" more socielies may, with the prior aporaval ol the Fegistrr hy resolulion Passed by three-fourths majorily 01 the members preseni a Votin" at general meeting of' eaclr such' society enter iMlc partnership For CTT ing 0uu "TV specilie Tusiness 01" husinesses; provided that each member o" euch sociely hna had clear ten days writen notice of the resolu- Tiom; wud Ue dale o/ tie mneeting; (2) Nolhing in The [uci: Painership Act 1032 (XI of 1952) and the Indian: Companies Act, [956 shall apply t0 such partnership.

27 · , No rights of membership to be exercised till due payments are made. No person shall exercise,the rights of member of society, until he has made such payment to the society in respect of membership; or acquired in such interest the society, a5 may be prescribed by the rules; or the by-laws of such society 28. Voting powers of members: ~= (1) No member of any society shall have more than one vote in its affairs:

30 · Restrictions on transfer of share or interest~(1) Subject to the provisiong of section 29 and sub-section (2) transier 0 O charge 0n, the share (f Or interest member in the capital of society shall be subject to such conditions as Inay be prescribed_ (2) A member shall not transfer any share held by him 0r his interest in the capital O1" property of any society, Or any part thereof, unless (a) he has held such share or interest for not less than one year; (b) the transfer 01 charge is made t0 the society, Or to 2 member of the society, 0r to a person whose application for membership has been accepted by the society; and (c) the committee has approved such transfer.

31 · Tonsler of interest on death of member_ (1) On the death of member of society the society, shall subject t0 the provisions of sub-section (2) transier his share 01" interest in the society 10 person 0r perzons nominated by such member in accordance with the rules Or_ in the absence of such nomination to such person 48 may appear (0 the Committee to Be the beir Or legal representa- tive of such member.

37 · Societies lo be bodies corporate _4 society on its registration shall be a body corporate by the name under which it is registered with perpetual succession and common seal; and with power :o acquire, hold and dispose of propertv Jo enter into contracts to institute and defend suits and other legal proceedings, and 10 do all such things as are necessary for the purpose for which it is constituted

39 · Register of members_(1) Every society shall keep register of its 'members, and enter therein the following particulars; that is t0 say, (a) the name, address and occupation of each member; (b) in the case of a society having share capital, the share held by each menber: (c) the dale on which each person Was admitted member; (d) the date 0h which ay person ceased to be a merber; and (e) such other particular as may be prescribed:

40 · Copy c 4 Act, ec;, lo be open to inspeetion_Every society shall keep; 41 Ihie registered uddress of the society copy of this Act and the rules and 62 its b-laws; icl list of members. upen o inspection 10 thc public, free 0f charge, during oliiee huurs or an houra Ied by the sociely thereior:

1L · Adinissibility & c"y " &ry J5 &vidence (1) A copy 0f anY entiy m a Look; register' o" list, regularly Kant in Ene course of business and in the pOS - sesyin 0l a soeietv chall i dllv cerliied i suchi manner a5 Inay be prescribed boe admissible 1n evicenee ol' the existence pf the entry and &hall be aumitted 4 o2vidence of the matters ad transactions therein recorded in erery case where; and Ju Thie Sane exteut 10 which; ie original entry would, i produced. have beer admissible to prove such talfers.

42 · Exemption from Compulsory registration of instruments relating to shares and debentures of society._Nothilg in clauses (b) and (c) of sub-section (1) of section 17 of the Indian Registration Act, 1908, XVI of 1908, shall apply (a) to any instrument relating to shares in 2 society, notwithstanding that the assets of the society consist in whole O1 in part of immovable property; Or (b) to any debenture issued by any society and not creatingin declaring; assigr - ing; limiting 0r extinguishing any right title OT interest to Or immovable prO - perty, except in s0 far as it entities the holder to the security afforded by a regis- tered_instrumenl wherehy (le society has mortgaged conveyed or otherwise trans - ferred 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 (c) to any endorsement upon, or transfer of. any debenture issued by any society

43 · Powcr to exempt fr01 taxation: The Central Government; bynotification in the Oficial Gazette may, in the case of any society Or class of societies, renit

44 · Restriction 01 borrowings~A society shall receive deposits and loans fron members and other persons only t0 such extent. and under such conditions. as may be prescribed, 01" specified by the by-laws of (he society.

46 · . Restrictions 0n1 Other trdilSactious with non-inembers: Save as is provided in this Act, the transactions 0l' society with Persons other than members;_ shall be subject t0 Slch restrictions; il' any, 35 may be prescribed.

1 · 0

9 · 46 573'

49 · . Charge on immovable property of members borrowing fron} eertain sucieties: (1 Notwithstanding anything contained in this Act OL" in any other law for the Time being in force, (a) any person who makes an application to a society 0f which he i: a member , ior a loan shall, if he OWnS Tand O1' has interest in any land a5 a tenant; make declaration in the prevcsibed form Such declaration shall state that tne appli- cant thereby creales charge 0n such land or interest specified in che declaration for the payment of the amnunt 0f the Joan which the society may make to the member in pursuance ot the application, and for all uture advarces; if any Te- quired by him which the saciety may make to him a5 such member subject Lo Steh maximun 35 Jnay be determined by the society. together with interest on sech amount of thie loan and advances;

8 · (d) no member shall alienate the whole Or any part of the land or interest therein, specified in the declaration made uder clause (a) 01 (b) until the whole amount borrowed by the member together with interest thereon; is repaid in full:

51 · Direct parinershin cf Central Government in societies~The Central Goverrment may subscribe directly to the share capital of society with limited liability. 52. Indirect pa; tnership ol Central Gorcrnient in societies The Central Govemment may under appropriation made by Jaw provide moncys {0 soclety For he purchase directly OT indirectly, of shares in other societies with limited liability A society to which moneys are 5o provided for the aforesaid purpose is hereinaiter in this Act referred to as/an #ape:: society" 52. Principal State Partnership Funa_) An Apex society shall with tbe money: pravided under_section 52 establish a Fund to be calied the 'Principal Sla e Parinership Fund (2} An Apex society shall utilise the Principal State ?artnership Fund for thc putpose of {a) directly purchasing shares in other societies with limited liability; {6) providing mnoneys to society to enable that society (hereinafter in this Chapter referred to as a "Central society ) tc purchage shares in other societies with limited liability (the latter societies being hereinafter in this Chapter referred t0 ns "Primary Societies" ); (0) maling paymenla to the Central Government in accordance with the provisions of this Chapter; Aa Lor no other purpose: 5 Subsidiary Statc Partnership Fund_(I) A Central society which is pro - vided with moneys by an Apex society from the Princinal State Partnership Fund shal: with such mcneys establish Fund t0 be called the "Subsidiary State Pert - ners ip Fund' (21 A Central society shall utilise the Subsidiary State Partnership Fund for ~he Furpose of (a) purchasing shares in primary societies; (b) making pavments to the Apex society in accordance with the provisions of this Chapter; and for no other purpose. 55. Approva] of Central Governmcnt for purchase 08 shares: Shares shall not Ibc purchased in society from the moneys in the Principal State Partnership Fund or the Subsidiary State Partnership Fund, except with the previous spproval of the Central Government; 56. Liability to be limited in respect of' certain shares __Where any shares are purchased in sociely by _ (a) the Central Government 01' Apex societv from the Principal_State Partnership_Fund, Or Cer - (b} an tral" sociely Crom the Subsiciary State Partnership Fund, 2s the case may be, ther in the event 0f the winding up of' such society the liability in respect of' such siares shall be limited to the amount paid in respect of such shares. 57 . Restziction A21 aanonint 01 dividend.~An Apex society which has purchased xnarcs in ofher sacieties from the noncys in the Principal, State Partnership Fund; Central sncielv which has purchased shares in Primary societies from the and in 'he Sulidiary State Patnership Fund. shall be entitled only to such moneys Civitend 021 the said shnres a5 is declared by the sociely concerned and is payable t0 cther shareholders of' that society 58. (adleznity 07 Apcz and Cenlmal Bocicties (1) IE ? society in which shares are purchased cut o2 tle Principal State Partnership Fund wound UD Or dissolv- 'he Central Governmen' shall nol have an7 claim against the Apex society 2d, waichi purchased the "hares in respeet ot any loss arising from such purchase; but 'he Ceniral erhtnent slall be entitlerl to any mnonevs received bv the Apex ociety in liqquidation proceedings O1" 0n1 dissolution. 35 the Cu5e may be.

64 · Previsions of this Chapter to override other laws The provisions 0f gec tions 52 t0 62 (both inclusive in this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other Jaw tor the time being in force:

73 · Final authorily of socicty.~Subject tO the provisions in this Act and the "ules, the iital autlority of[ every society shall ves: in Ihe general bodv of mnem - bers in Eeneral meetinlg, summoned n Such manner as may be specified in the by-laws: Provided thal; where the by-laws o/ society provide Ior the electicn 0f dele- zates o such members, the final authorily may Vest i the delegates of such mera - ers elected in the prescribed manner; and assembled in general nieeling: 74 Comniltee, its powers and fJuctions,_The management of every society shail vest iu commiltee_ constituted in accordance with this Act; the rules and by - laws; which shall exercise sueh powers ad nerfor such duties as may be "conterred or" imposed 0n it respectively by this Act, the rules and tle by-laws: 75 . Handing ovcr records an4lproperty Co nety Chaian on ciecticn. (1) On the election ot new committee and its Chairman, the retiring Chairman in whose place the new Chairman is clected shall hand over charge of the oflice of the committee and ah] papers and property if any of the sociely in possession of the coinmittee or any oliicer thereof, to che nei "Ciairinan of the conimittee. (2) If the reliring Chairman fails Or Tefuses to hand over charge Or 10 hand OvCI the papers and property of the society 05 aforesaid_ the Or Regidirect any by him in {his behal; may bzorder in writing him to Bertowit Rona"oe over such charge ahd prorerty and the Registrar may. on ihe retiring Charan' ; failure L0 comply with such direction; make order for seizing the records and and handing them over t0 the' New Chairman, In the provided Rrovection manner in 83 . 76 , Appointmnent c oflicers aud eiployccs &1] tncir conditicns Q service: The quaiilicalions t" the appointment of 3 manager secretary , accountant Or any othe emplovee ot society and tke conditions of service oi such oflicers and officer O1" employees shall be such a5 inay, from lime tc lime. be prescribed: Provicled thal n0 (ualilication shail be prescribed in respect 01 any olicer nol in receipt of a; remuicration. 77, Amnua[ Feixcral ueeting.~(1) Every society shall within & period o' three monts "ezt ter the dale fized for" drawing uP it; accounts ior the year under tia "Wle; For the (ime being in force, call generai meeting of its memnbers: Provide Uhol the Rerisirn nay, b Reneral O3 special ortler exlend {ho Ferind Tor holding such nceting for 2 furthcr period not exceeding ihree inonths: Frovided (urtier that, ic i the cpinion Qe the Registrar 71o sush exkension such ` meeting is no; walled ~ ie sccicty Wvichin the exiended cet Ol"

778 · Special general meeting _( 1) 4 special general meeting may be calied Jhy time at by majorily of the "ommittee, and shall pne called within hy Ahe mouh _ comnittee one

96 · THE CAZETTE OF INDIA EXTRAORDINARY

93 · may confirm the order and after the decision in the dispute or the ccm- pletion oi the procecdings referred to in sub-section (1) may direct the disposal of the property S0 attached towards the claim if awarded. (3) Attachment made under this secticn shall not afect the rights subsisting pricr to the attachment of the property, of persons not parties tO the proceedings eonnection wilh which the attachment is made; O1 bar any person holding in decree prior to such attachment against ihe person Fhose property Us 5o attached frori applying for the sale of the property under attachment in execution of such decree_ Decision 02 Regislrar or" his nominze,-Cr hoard of nominees__When a dis - 101. pute is referred to the Registrar for decision, he or his nominee or board of nomi- after giving reasonable opPortunity to the parties to the dispute to nees Inay, be heard make an award on the dispute: on the expenses incurred by the parties to the dispute in connection with the proceedings. and the iees and expenses ray - kis nominee OT , 25 the case may be; board of nominees- able 40 the Registrar Or shall not be invalid merely 0n tbe grouna that it was made alter Such an award period the Registrar for decicing the dispute and shall. the expiry of the fixed by subject to appeal Gr review cr revision, be binding on the parties t0 the dispute: Appeai against , dccision of Eegistra: 65 bis nominee 0I board 0f #omi- 102. party aggrieved any decision of the Registrar 01 his nominee 0r necs - Any by nominees under section 101 O1" an order passed under section 100 board 0f #o8bun2 wilhin two months From the date 0; ihe decision or" order; appeal to the 105. Money how recovered_ -Every order passed by the Registrar OT a person section 93, 01" by the Registrar, his nominee O1 board of authorised by him under nominees under section 100 Or' 101, every order passed in appeal under section 102, every orcer passed by Liquidator under section 110, every Order Passed by the appeal against ordlers passed under section 110, and every 01der Administralor in passed in revision under section 155, shall, if not carried out; a certificale signed by the Registrar 01' Liquidator, be deemed t0 (a) on Civil Court, a5 derined in clause (2) of section 2 or be decree ol' the Code of Civil Procedure, 1908 (V of 1903) and shall be executed in the same manner as decree of such Court; Or (b) be executed according t0 the provisions 0f the Land Revguue Code_ and thereunder for the time being in force for che recovery 0f the rules arears of land revenue: Provided that; AnY application for the recovery in such manner of any such be made to the Mamlatdar and shall be accompanied by certificate SuI) shall signed by the Registrar; or" by any Assisiant Registrar to whom the said pcwer has the Registrar; Such application skall be made within been delegated twelve by years from the dlate fixed in the order ad if no such date is fixed, from the date of the order. Private transfer ol' property Imndle aitcr iSsue of certifcate void against 104 society _Any private transfer OT" delivery 0f. 0F encumbrance Or charge on prO - perty made Or created after the issue of' the certificate of the Registrar_ Eiquidatod Registrar; 85 the case may be under section 103 shall be Assistant null 01" against the society on whose application the said certificate was issued. void as 105. Transfer' 0f property wiich canncl Be sold _(1) When in execution 0f a0 [0 be executed uader section 103 any cannot De sold for orde;" sousht 'oProperty want of buyers il such property is in occupancy the defaulter; OT of some in his behalf, 01" 0f' some person claiming under title created by the de- person to the issue of the certincate of' the Registrar Liquidator Or faultei subsequently esislrar uader elause (3) 01" (b) of section 103, (he Court Or Khe the Assistant Or the Registra as ihe case may be may direct that the said prope * Mamialdar Oraany portion thereol shali' be transterred to tke society which has applied for the execution cf the 'aid order; in {hie mauner prescribed Where property is transfevred t0 the society under sub-section () , UT ij (2) sold under the provisions of section 03 ihe Court; the Mamlatdar 0r the Registrar: inay be; may in aecordance Vich #he rules; place the society O1" the a5 Uhie cese case Inay be, in possession 0f the property transterred or sold: purchaser, a8 Ire Subject t0 the rules made i4 this behalf, and to any righls; encumbrances or equities lawfully subsisting in favoui of any person; such property 01 chargcs Thereol shall he' held under sub-section (1) by the said society 0u portion sueh ters and concitions 33 may be agrced upon between the Court; the M;mnlat- Ahe case Ije . una Uha saic gociety. Subject to the dar Oi the Peeisrar; 6451 Iay or speein) orders ot Ihe Administrator; the Mamlatdar OT the Registrar general

76Y · THE GAZETTE 0F INDIA EXTRAORDINARY

106 · Recovery 0f crDp Joans {1) Nolwithstanding anything contained in sec- tions 96, 98 and 103 on an application made by a society undertaking the financing of crops and seasonal finance fcr the recovery Of arrears 0f any sum advauced by it to any 0f its members un account of the financing of crop 0r seasonal inance and on1 its furnishing 2 statement of accounts in respect of the arrears, the Regis- trar may. after making such inquiries 2s he deems it; grant Certilicate for the recovcry of the anount stated therein to kbe due 33 arrears

107 · Winding "p.-(1) If the Registrar; ~ (a) after an inquiryhas been held uder section 86, Or an inspection kas been made under section 87, OT on the report of the auditor &uditing thne accounts of the society, O1"

120 · Guarantee by Central Goverament_~The principal 0f, and interest on. the debentures issued under section 119 shall. to such maximum amount as may be fixed by the Central Government and subject to such conditions a5 the Central Govern- ment may think fit to impose_ carry ibe guarantee 0f the Central Government.

472 · 197

724 · 199

141 · Provision Or' guarantee funds to meet certain losses __ (1) It shall be petent fOr the com- Central Government to constitute one Or more Guarantee Funds such terms and conditions on a5 it may deem fit, for the purpose OI meeting losses that might arise aS result of [oans bejng made by the Land Mortgage Banks on titles to damovable property subsequently found to be defective O1 for any ather Glpoes under this Chapter for which in the opinion of the Central Covernment; it is neces- sary to provice for Or ereate separate Cuarantee Fund_ (2) The State Land Mortgage Bank and the Primary Land Mortgage Banks shall contribute to such funds at such rale a5 may be prescribed_ maintenance and and the constitution, utilisation of such funds shall be governed be by such rules madle by the Central Covernment in 25 may this behalf. 142 Agreemenls erecuted_by mnembers for Ioans Danks advanced by Land to be conelnsive evidence Hortgage -Notwithstanding anything contained Chapter, where in 4 Ioan this is given hy the Land Mortgage Bank Society to [or undertaking any Co-operative work Or development the of agriculture menbers o[ on condition such that saciety are jointly and severally liable payment of the to whole the Bank amount ad for the an agreement signed to that effect is entered by each of such member; in Riith the and presence of an officer authorised behalf by the Registrar that agreement shall be conclusive in that evidence of the portion

9 · 76 20[ (j) anyaSficeecotit society fails to hand over the custody of books; cash, security and other property belonging to the society ofecorcz he is an oflicer; to which person appointed under section 80, 81 (k) committee or 108; of a society with a working capital rupecs of fifty or more; 01' any officer thousand 01 member thereof fails reasonable excuse to comply with orders made ondeilseciiboutzary to give any notice to 82 01" or send any return to be 01 rodceument do done anything, or allow which the committee; this Act required 01" member to is give, send do by or" allow to be done; (1) a committee of a sociely OF an ofiicer lects 01' member thereof O1" refuses to do any act, 05 io furnish thoroatidnuequied for the purposes the Uegistraly onfotner required of this' , Act' by authorised by him in wri person in duly ting this behalf; (m) committee of sociely, or an ofiicer O1 member makes thereof, wilfully false return, 01"' furaishes tain false information, proper accounts; o1 fails to main - (n) a oflicer OL society fails 10 comply with the Registrar order uder made section 83; by the (0) a41 officer;, member; agent Or servant of a society fails the requirements to comply of sub-section with (4) of section 84; (p) an officer 01" a member of society wilfully decision, fails 10 comply award With Or ordler paSsed under any section 98; (4) a member of society fraudulently disposes of the society has o9f opiogerty over which prior claim, Or member any person Of li3 tratstes on employee disposes 01 property by sale; 01" otherwise; with tne fraudulent evddingnOheg e gift intention of the society; dues of (2) an officer of society wilfully recommends personal Or sanctions use for his or benefit 01" for use own or benefit of interested, a person in whom loan in the be is 0 name of any other person; (s) an ollicer or member of society destroys, , mutilates, O1 otherwise alters_ tampers falsifies O1 secrets Or is privy %50 tampertzucvioh, mutilation alteration falsification or secreting of any books, Or securities 0r"' makes; papers ulent 0r' is privy to the making of any false Or fraud- entry 1n7 any register; book of to account the society . O1 document belonging

148 · Panishient for offenees under seeticn 147 . member, (1) Every employer; cer; 01 offi- agent 01" servant; of society , 0r any other person, wlro an oflenee uder section 147 shall commits On convicticn, be punished= (a) iE iteis an Olience Under clause (2) of that section; with simple imprison- ment which may ertend to six months Or with Ane which eztend to Eve hundred ma} Tupees OI both; (b) iC iL is an olfeuce under ciause (0) 0f that section, With for imprisonment terni which mnay extend to six months; Or with ine estend Lo five which may hundred rupees; o5 witb both; (e) if it is a offence under elause (c) of that section, for with imprisonment Lerm which may etend L0 ane month; Or with fine which MALy ertend to five thousand rupees; Or with both; (d) if it i; an offence undler eause (d) of that secticn, with fine extend Fhich MY to fve hundlce [ rupees; (e) i iL is an olfence unlder clause (ej 0f tbat section, with fine extend which to live hundred !Upees; may (9) if it is an ollence Under' elause (E) 0f that section for with imprisonment 0 term which may extend t0 one year; O5 with tine, Or with both;

728 · THE GAZETTE OF WNDLI EXTRAORDINARY

153 · Ames() An "peal against 3n1 oider 0T decision under sections 4 9, 1, 13, 17, 19, 36. %1 and 1C0: shall lie _ Ka) if made Qr' sanctioned or apprived hy ihe Registrar, Jr Ji additional O1' Joint Reeistrar On Thon cowrers Of the Rezistrar eT conferred, t0 the Adinistnator

76o · THE GAZETTE OF INDIA EXTRAORDINARY

163 · Erauches etc. of soclelies Oulside #e State_(1) No society shall branch Or open 1 place of business outsice the Union territory of Dadra and Haveli_ ad Nagar nO co-operalive society registered elzewhere T0 India branch shall 01' 0 place apen of business i17 the Tnion terri tory 0f Dadra and Nagar Havell, Firhout the permission 0E the Registral: (2) Every Co-operative soelety registered under any lav elseg-here in India nd pernitied| 1 open pranch @T" D7 (C Of business in the Tluion terri iory Jf Dadra anrl Nagar Haveli under sul-Sertion (1) cr which has branch OI place ~ess in Tie TTuion of busi- lerri TOr"y ol Darra and Nagar Haveli at the tis Acl shall. conmnencement OE within tbrec months frrm the dale of the opening Or" OL suchl branch place OE husines ; or Erom (h2 dale 4 Hlv: eommencement oi be Tile is Aet_ maV as (he wilh Tha Eegistrar certified copy @f the by-Ia; ; aud amendmente and, i these be nol in English 4 certilied translaticn thereof in English OC Hindi

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