PUNJAB GOVERNMENT GAZ; AUGUST 5, 2016

rules · 1961 · Punjab

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Parent: The punjab co-operative societies act 1961 (80818c3b2f7b6af570ae16ef340b7053b6bc2658)

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PUNJAB GOVERNMENT GAZ; AUGUST 5, 2016 (SRVN 14, 1938 SAKA) PART-III T O T O GOVERNMENT OF PUNJAB DEPARTMENT OF CO-OPERATION NOTIFICATION The 21st July, 2016 PART-III T O CO-OPERATION DEPARTMENT GOVERNMENT OF PUNJAB E P (THE PUNJABCO-OPERATIVE SOCIETIESRULES, 1963) NOTIFICATION 2 The 24th December, 1963 n e s s d e 1 No. G.S.R.51/P.A.25/1961/S.85/Amd. (17)/2016.-In n exercise e of f the e powers s conferred d by y section n 85 5 of f the e Punjab b Cooperative e Societies s Act, 1961 1 (Punjab b Act t No. 25 5 of f 1961) ) and d all l other r powers s enabling g him m in n this s behalf, the e Governor r of f Punjab b pleased d to o make e the e following g rules s further r to o amend d the e Punjab b Cooperative e Societies s Rules, 1963 3 namely y :- CHAPTER-1 PRELIMINARY c 1. Short titles.- titles. These rules may be rules may be called the Punjab Co-operative Societies (First Amendment) Rules, 2016. They shall come into force on and with effect from the date of their publication in the official Gazette. Definitions-In these rules, unless the context otherwise requires. (a) "The Act" means the Punjab Co-operative Societies Act, 1961; m (b) "appendix" means an appendix to these rules; (c) "co-operative year" means the year ending with the 31st day of March, or in the case of 1. Rule added by Govt. of India Notification dated 29.1.92 letter issued to R.B.I. Vide Letter No. RF. R.D.C. 18/A/12 (29-31)-91/92 dated 10.2.92 and adopted by Coop. vide R.C.S. Letter No. Credit/CA2/21. G/136/644 dated 28.2.92 2 r any co-operative society or class of co-operative societies, the accounts of which are made up to any other date, with the previous sanction of the Registrar, the year ending with such date; d (d) "decree" means any order, decision or award referred to in section 63 of

Rule TOC

2 · The 24th December, 1963

1 · Rule added by Govt. of India Notification dated 29.1.92 letter issued to R.B.I. Vide Letter No. RF. R.D.C. 18/A/12 (29-31)-91/92 dated 10.2.92 and adopted by Coop. vide R.C.S. Letter No. Credit/CA2/21. G/136/644 dated 28.2.92

85 · (2) (ii)

1 · Proviso added by Pb. Govt. Gaz. Notification dt. Sept. 23, 1965 (Section 2)

85 · (2) (iv)

1 · Words substituted by Pb. Govt. Gaz. Notification dt. 18.12.86 (Section 3)

85 · (2) (iv)

10 · (4) and 85 (2) (iv)

85 · (2) (xxvii)

85 · (2) (v) and (xix)

85 · (2) (v) and 85 (2) (xix)

1 · Rule added by the Pb. Govt. Gaz. Notification dt. Oct. 14, 1969 (Section 3)

2 · Rule numbered the Pb. Govt. Gaz. Notification dt. Oct. 14, 1974 (Section 2)

85 · (2) (xix)

1 · Rule added by the Pb. Govt. Gaz. Notification dt. Oct. 14, 1969 (Section 3)

85 · (2) (xvi)

6 · and 85 (2) (i)

1 · Word substituted by the Pb. Govt. Gaz. Notification dated 12th March 1993 (Section 6 of Punjab Act, 25 of 1961)

2 · Word omitted by the Pb. Govt. Gaz. Notification dated July 21, 2016

1 · P ow er r of f gener al meeti ng -Without prejudice to the provisions of section 24, the general meeting alone shall have the power to transact the following business;-

1 · (a) fixing the maximum credit limit of the co-operative society having 1000 or less members subject to the approval of the Registrar.

2 · (b) --------------------------------------

3 · 23-A. The manner r of f Co-option, the area of f agricultural land to be held and the conditions required to be fulfilled for r the purpose of f Section 26A.

2 · f t (1) The Registrar in his direction under section 26-A shall intimate the number and class of persons specified in sub section (2) of section 26-A to be co-opted in the committee of a co-operative society having individuals as members. In case of Central C and Apex societies, the Registrar in his direction shall intimate the member, qualification and experience of persons to be co-opted by the Central and the Apex Socieites under sub-section (4) of section 26-A.

85 · (2) (vii) and (x)

26 · (i)

85 · (xd) and 26-A

15 · (xd) and 26 A

1 · Clause substituted by the Pb. Govt. Gaz. Notification dated Sept.3, 1965 (Section 2)

2 · Clause (b) 1 of rule 22 omitted by Pb. Govt. Gaz. Notification dated Oct. 14, 1969 (Section 5)

3 · Subsituted by Pb. Govt. Gaz. Notification dated July, 21, 2016 (Section 2)

26 · (IF) and 85 (I)

85 · (2) (ix)

1 · "(aa) he has been a member of the cooperative society for a period of less than nine months as on the date of filing of nomination papers for elections;

2 · "(aaa) He holds any office of profit under the cooperative society.

1 · Added by the Pb. Govt. Gaz. Notification dated July 21, 2016 (Section-2)

2 · Added by the Pb. Govt. Gaz. Notification dated July 21, 2016 (Section-2)

3 · Added by the Pb. Govt. Gaz. Notification dated July 21, 2016 (Section-2)

4 · Added by the Pb. Govt. Gaz. Notification dated July 21, 2016 (Section-2)

85 · (2) (xii) and (xxxviii)

2 · (f) he has, during a period of nine months preceding the date of filing of nomination papers, failed to utilize minimum services specified in the bye-laws;

4 · (g) he is a member of 5 any cooperative society which has ceased to function or which has not fulfilled its objects as stated in its bye-laws and has been included in the list of D-class societies maintained by the Registrar or is a member 6 of a co -opeative opeative society society which is under winding winding up process;

1 · Words substituted substituted by Pb. Govt. Gaz. Notification Notification dt. 18.2.86 18.2.86 (Section (Section 5 (1)

2 · Clause substituted by Pb. Govt. Gaz. Notification Dated 21 August, 2016

3 · Clause substituted by Pb. Govt. Gaz. Notification Dated 21 August, 2016

4 · Clause substituted by Pb. Govt. Gaz. Notification Dated 21 August, 2016

5 · Clause substituted by Pb. Govt. Gaz. Notification dt. Sept 3 1965 (Section 3)

6 · Words omitted by Pb. Govt. Gaz. Notification dt. Dec. 8, 1982 (Section 2 (1)

2 · Provided that nothing in clause

1 · . Clause substituted b i i

2 · Clause substituted by Pb. Govt. Gaz. Notification Dated 21 July, 2016

3 · Clause substituted by Pb. Govt. Gaz. Notification Dated 21 July, 2016

4 · Clause substituted by Pb. Govt. Gaz. Notification Dated 21 July, 2016

85 · (2) (x)

26 · (i) and 85 (2) (x)

85 · (xxxviii)

2 · (i) becomes subject to any dis-qualification which would have prevented him from seeking election, had be incurred that qualification before election;

327 · Division of f area of f society into Zones -

4 · 28. Qualifications and conditions of f service of f employees.

1 · Rule substituted by the Pb. Govt. Gaz. Notification dt. 21 July, 2016

2 · Rule substituted by the Pb. Govt. Gaz. Notification dt. 21 July, 2016

3 · Rule substituted by the Pb. Govt. Gaz. Notification dt. 21 July, 2016

4 · Rule substituted by the Pb. Govt. Gaz. Notification Dated Oct. 14, 1969 (Section-6)

1 · Rule Substituted by Pb. Govt. Gaz. Notification dt. October 14, 1969 (Section-7)

85 · (2) (2) (x) and (xxxviii)

1 · Sub rule (1) omitted by Pb. Govt. Gaz. Notification dt. Jan 12, 1983 (Section 2)

2 · Proviso to sub-rule substituted by Pb. Govt. Gaz. Notification dt. Oct. 14, 1974 (Section 4)

2 · (gg) and

41 · and 85 (2) (xxiv) 35. Payment of f dividend or r bonus- (1) In no co-operative society the dividend shall exceed p y 1 pp y ty 20 percent per annum on paid up share-capital.

1 · Word substituted by Pb. Govt. Gaz. Notification Dt. Feb. 23, 1993

2 · Rule added by the Pb. Govt. Gaz. Notification dt. Oct. 14, 1969 (Section 8)

1 · Word substituted by Pb. Govt. Gaz. Notification dt. 18.2.86 (Section 8)

43 · and 85 (2) (xxii)

44 · (d) (e)

85 · (2) (xxv)

85 · (xxi)

1 · Word substituted by Pb. Govt. Gaz. Notification dt. Oct. 14, 1974 (Section 5)

1 · Rule Substituted by Pb. Govt. Gaz. Notification dt. Oct. 14, 1974 (Section 6)

86 · (2) (xxi)

46 · and 47

43 · Restriction on borrowing by co-operative society:-

1 · Rule Substituted by Pb. Govt. Gaz. Notification dt. 12.1.83 (Section 3)

85 · (2) (xxxviii)

85 · (2) (xiii)

85 · (2) (xviii)

85 · (2)

1 · Words Substituted by Pb. Govt. Gaz. Notification dt. 30th Nov. 2009

2 · Rule substituted by the Pb.Govt.Gaz. Notification dt. 18.12.82 (Section 3)

85 · (2) (xviii)

1 · Words added by the Pb. Govt. Gaz. Notification dt. Feb. 18, 1986

2 · Words substituted by the Pb. Govt. Gaz. Notification dt. Feb. 18, 1986 (Section 10 (i)

3 · Words substituted by the Pb. Govt. Gaz. Notification dt. 18.2.86 (Section 10 (ii)

1 · Words substituted by the Pb. Govt. Gaz. Notification dt. 18.2.86 (Section 11 (ii)

2 · Words Substituted by Pb. Govt. Gaz. Notification dt. Feb. 18, 1986 (Section 11 (ii)

3 · Words substituted by the Pb. Govt. Gaz. Notification dt. 18.2.86 (Section 11 (iii)

4 · Sub Rule substituted by Pb. Govt. Gaz. Notification dt. 18.2.86 (Section 12)

59 · (1) and 85 (2) (xxvi)

59 · (k)

1 · Words substituted by Pb. Govt. Gaz. Notification dt. 18.2.86 (Section 13)

85 · (2) (xxvi) 68. Maintenance of accounts by liquidators. -The Maintenance of f accounts by liquidators. -The liquidators shall keep such books and accounts as may be laid down by the g Reistrar from time to time. The Registrar may at any time cause such books and accounts to be audited.

1 · Words substituted by Pb. Govt. Gaz. Notification dt. Feb. 18, 1986 (Section 14)

85 · (2) (xxxvi)

85 · (1)

85 · (2) (xxviii)

1 · Word substituted by Pb. Govt. Gaz. Notification dt. 18.2.86 (Section 15 (a) (i)

1 · Words substituted by Pb. Govt. Gaz. Notification dt. 18.02.86 (Section-15 (a) (ii)

1 · Words inserated by Pb. Govt. Gaz. Notification dt. 14.10.74 (Section-7)

1 · Word substituted by Pb. Govt. Gaz. Notification dt. 18.2.86 (Section 15(b) (i)

1 · words inserted by Pb. Govt. Gaz. Notification dt. 14.10.74 (section-7)

1 · Words substituted by Pb. Govt. Gaz. Notification dt. 18.2.86 (section 15(b) (ii)

1 · Word omitted by Pb. Govt. Gaz. Notification dt. 18.2.86 (Section 15 (b) (iii))

2 · Word substituted by Pb. Govt. Gaz. Notification dt. 18.2.86 (Section 15 (c))

1 · Word omitted by Pb. Govt. Gaz. Notification dt. 18.2.86 (Section 15 (d) (i))

2 · Words omitted by Pb. Govt. Gaz. Notification dt. 18.2.86 (Section 15 (d) (ii))

1 · Clause substituted by Pb. Govt. Gaz. Notification dt. 18.2.86 (section 15(e) (i))

2 · Proviso substituted by Pb. Govt. Gaz Notification dt 18.2.86 (section 15(e)(ii))

1 · words substituted by the Pb.Govt. Gaz. Notification dt. 18.2.86 (Section 15 (i))

1 · words and sign substituted by the Pb.Govt. Gaz. Notification dt. 18.2.86 (Section 15 (g)

2 · words substituted by the Pb.Govt. Gaz. Notification dt. 18.2.86 (Section 15 (h)

85 · (2) (xix)

1 · (cc) by delivering or tendering it to that person or the person's authorized agent in an electronic form; or";and

1 · Inserted by Pb. Govt. Gaz. Notification dated July 21, 2016

2 · Substituted by Pb. Govt. Gaz. Notification dated July 21, 2016

1 · Substituted by Pb. Govt. Gaz. Notification dated July 21, 2016

85 · (2) (xxxiv)

1 · 79. Form of f order- The order of the liquidator under clauses (b) and (e) of sub-section (2) of section 59 shall be in the form given in Appendix-G. pp

2 · 79-A.The Form of certificate to be issued under sub-section (2) of section 67-A shall be in the form given in Appendix 'H'

4 · (i) At least fifteen day's clear notice, specifying the date, place, time and agenda for a

1 · Rules substituted by Pb. Govt. Gaz. Notification dated Dec. 8, 1982 (Section 4)

2 · Rules inserted by the Pb. Govt. Gaz. Notification dt. March 21, 1978 (Section 2)

3 · Operational part of sub-rule (1) substituted by Pb. Govt. Gaz. Notification Dt. March 4, 1971 Section 3 (1)

4 · Clause substituted by Pb. Govt. Gaz. Notification dt. Sept 3, 1965 (Section 4 (1)

85 · (2) (xxxiv)

1 · Clause substituted by Pb. Govt. Gaz. Notification dt. Sept 3, 1965 (Section 4 (2)

1 · Sub-rule deleted by the Pb. Govt. Gaz. Notification dated March 4, 1971 (section 3 (2)

2 · Added by the Pb. Govt. Gaz. Notification dated March 4, 1971

1 · Rule added by Pb. Govt. Gaz. Notification dt. July 28, 1972 (Section 2)

2 · Words inserted by the Pb. Govt. Gaz. Notification dt. Dec. 13, 1982 (Section 2)

3 · Words omitted by the Pb. Govt. Gaz. Notification dt. Jan 4, 1984, (Section 2)

1 · 8. ..........................

13 · . Name of applicant applicant for purposes of purposes of correspondence correspondence by the Registrar Registrar ( See rule 3 )

1 · Words deleted by Pb. Govt. Gaz. Notification dated 30th Nov. 2009

1 · APPENDIX 'B'

1 · Appendix substituted by the Pb. Govt. Gaz. Notification dt. Oct. 14, 1969 (Section 9)

2 · Word substituted by Pb. Govt. Gaz. Notification dt. Oct. 14, 1974 (Section 8)

3 · Words inserted by Pb. Govt. Gaz. Notification dt. Oct. 14, 1974 (Section 8)

1 · APPENDIX 'C'

1 · Appendix substituted by the Pb. Govt. Gaz. Notification dt. Oct. 14, 1969 (Section 10)

2 · Words inserted by Pb. Govt. Gaz. Notification dated 30th Nov. 2009

1 · Figures inserted by Pb.Govt. Gaz. Notification Oct. 14, 1974 (Section 9 (i)

2 · Word deleted by Pb. Govt. Gaz. Notification dated 30th Nov. 2009

3 · (2) The notice of the meeting shall be given :-

1 · Words omitted omitted by Pb. Govt. Gaz.Notification Gaz.Notification dt. Oct. 14, 1974 (Section (Section 9 (ii) (a)

2 · Inserted by Pb. Govt. Gaz. Notification dt. Oct. 14, 1974 (Section 9 (ii) (b)

3 · Substituted by Pb. Govt. Gaz. Notification dt. March 4, 1971 (Section 5)

4 · Words substituted by Pb. Govt. Gaz. Noti. dt. Oct. 14, 1974 (Section 9 (ii) (b)

4 · (i)

4 · (v)

1 · Word Substituted by Pb.Govt. Gaz. Notification dated Nov. 30, 2009

1 · APPENDIX ."F" [See Rule 51]

1 · Substituted by the Punjab Govt. Gaz. Notification dated Dec. 8. 1982 (Section 5)

1 · APPENDIX -"H" [See Rule 79-A]

1 · Appendix inserted by the Pb. Govt. Gaz. Not. dt. March 21, 1978 (section 3)