PUNJAB CO-OPERATIVE SOCIETIES RULES, 1963
No. GSR/2/PA-25/61/S. 85/64 - In exercise of the powers conferred by section 85 of the Punjab Co-operative Societies Act, 1961 (Punjab Act No. 25 of 1961), the Governor of Punjab is pleased to make the following rules namely :-
These rules may be called the Punjab Co-operative Societies Rules, 1963.
In these rules, unless the context otherwise requires.
(a) "the Act" means the Punjab Co-operative Societies Act, 1961;
(b) "appendix" means an appendix to these rules;
(c) "co-operative year" means the year ending with the [-] or in the case of 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) "decree" means any order, decision or award referred to in section 63 of the Act;
(e) "decree holder" means any person holding a decree as defined in clause (d);
(f) "maximum credit limit" means the extent to which a co-operative society may receive deposits and loans from member and non-members;
(g) "model bye-laws" means a set of bye-laws approved and proposed by the Registrar fo
Application For Registration
An application for registration of a co-operative society shall be made in the form given in Appendix A and shall specify the name and address of one of the applicants to whom the Registrar may address his correspondence under rules 5 (2) and 6.
The application for registration shall be accompanied by three copies of the bye-laws which the co-operative society proposes to adopt. Such copies of bye-laws shall bear the signatures of not less than two of the applicants, duly authorised by the members of the proposed co-operative society.
(1) Before passing final orders under Section 8 the Registrar may call for such further information from the applicants or make such independent enquiries as he may deem necessary.
(2) After the Registrar is satisfied with regard to the matters stated in sub-section(1) of section 8, he may register the co-operative society and its bye-lows. A copy of the registered bye-laws shall be returned by him to the co-operative society.
The order passed by the Registrar under sub-section (2) of section 8 shall be communicated by registered post to the applicant referred to in rule 3.
Where an application for registration of a co-operative Society is rejected by the Registrar the appeal, if made, shall be signed by the persons joining in the application for registration.
[Provided that where the application for registration has been signed by more than ten persons, the appeal shall be signed by at least two- thirds of persons, joining the application for registration.]
(1) A co-operative society shall make bye-laws in respect of the following matters:-
(a) name and address of the co-operative society;
(b) area of operation;
(c) the objects for which the cooperative society is established;
(d) the manner in which the funds may be raised;
(e) the qualifications for membership and the terms of admission of members;
(f) the nature and the extent of the liability of the members;
(g) withdrawal and expulsion of members, and the payments, if any, to be made to such members;
(h) transfers of shares or interests of the members;
(i) general meeting and the procedure and powers of such meeting;
(j) appointment, suspension and removal of the officers of the co- operative society and members of the committee;
Subject to the provision of section 10 and rule 8 a Co-operative Society may from time to time amend its bye-laws.
No amendment under rule 9 shall be carried out save in accordance with a resolution passed at a general meeting of the co- operative society of which due notice of the intention to discuss the amendments has been given:
Provided that no such resolution shall be valid unless it is passed by a majority of members present at the general meeting at which not less than two-thirds of members for the time being of the co-operative society are present:
Provided further that model bye-laws for amendments previously approved by the Registrar may be adopted by a majority at an ordinary general meeting.
Three copies of the amendments adopted by the co-operative society under rule 10, signed by two officers of the co-op. society duly authorised by the general meeting in this behalf, shall be submitted to the Registrar along with an application for registration duly signed as aforesaid. Such copies of the amendments shall be accompanied by a certificate signed by any one of the above two officers of the co-operative society to the effect that the provisions of the rule 10 have been complied with.
(1) After the Registrar is satisfied with regard to the matters stated in sub-section (2) of section 10, he may register the amendments and return a copy of the registered amendments to the co- operative society.
(2) The order of the Registrar passed under sub-section (4) of section 10, shall be communicated by registered post to the co-operative society.
Where an application for registration of an amendment in bye-laws of a co-operative society is rejected by the Registrar under sub-section (4) of section 10, the appeal, if any, shall be made only after a meeting of the general body has reconsidered the matter and has decided to prefer an appeal and shall be signed by an officer of the co-operative society duly authorised in this behalf by a general meeting.
(1) No person shall be eligible for admission as a member of a co-op. society if he -
(a) has applied to be adjudicated an insolvent or is an undischarged insolvent; or
(b) he has been sentenced for any office, other than an offence of a political character or an offence not involving moral turpitude, and a period of five years has not elapsed from the date of expiry of the sentence.
(2) If a member becomes subject to any of the disqualifications specified in sub-rule (1) he shall be deemed to have ceased to be a member from the date when the disqualification was incurred.
(1) No individual, being a member of a primary co-op. society having one of the objects the creation of the funds to be lent to its members, shall be a member of any other such co-op. society without the general or special permission of the Registrar, and where an individual has become a member of two such co-op. societies, either or both of the co-op. societies shall be bound to remove him from membership upon a written requisition from the Registrar to that effect.
(1) No individual who is an officer of any co-op. society shall without the general or special permission of the Registrar, be a member of any other co- op. society whose objects are similar to the objects of the society of which he is an officer; and where such an individual has become a member of another Co-operative Society with similar objects, either or both of the co-op societies shall be bound to remove him from membership upon written requisition from the Registrar to that e
No co-op. society shall admit members within fourteen days prior to the date of its annual general meeting.
[(1) No member of a co-operative society shall participate in the general meeting of the Co-operative Society or in the election to the committee unless he has made all such payments to the Co-op Society as are due from him.]
(2) At the commencement of each general meeting, the Secretary of the Co-op Society shall announce the names of the defaulting members which shall form part of the proceedings of the meeting.
A Co-op Society, other than a producer Co-operative Society, shall dispose of an application received for admission as a member as early as possible and in no case later than the expiration of a period of one month from the date of receipt of the application by the Co-operative Society. In case of refusal to admit, such Co- operative Society shall communicate its decision, together with reasons therefor, to the applicant.
(1) In the co- operative society with unlimited liability, a member who is not indebted to a co-operative society and is not a surety for an unpaid debt, may withdraw from the co-operative society after giving such notice to the Secretary of the Co- operative Society as may be laid down in the bye-laws of the co-op society.
(2) In a co-operative society with unlimited liability, a member who withdraws or is otherwise removed or expelled from the Co-operative Society, shall be entitled to repayment without interest of any money paid by him or his predecessor in interest towards the purchase of shares after such period as may be laid down in the bye-laws.
(3) No member of a co-operative society with limited liability shall ordinarily be permitted to seek withdrawal or refund of his shares :
Provided that where the society has created a share-transfer fund out of its earned profits, its managing committ
The central and apex societies(having individuals as members) shall retire the shares of individual members in the following manner, namely:-
(i) At least one-third of the shares shall be retired every year;
(ii) The names of the persons whose shares are to be retired under clause (i) shall be taken in an alphabetical order in Gurmukhi script; and
(iii) The payment in respect of shares to retired shall be made in full at one time.
(1) Every member of a Co- operative Society shall nominate a person or persons to whom his share or interest referred to in section 21 or such sums out of share or interest as may be specified by the member, shall on the death of the member be transferred or paid as laid down in the bye-laws.
(2) Such nomination may, from time to time, be revoked or modified by the by the member.
(3) The number of persons who may be nominated by a member shall not exceed the number of shares held by the member.
(4) When a member of a Co-operative Society nominates more than one person, he shall, as far as practicable, specify the amount to be paid or is transferred to each nominee in terms of whole share and the interest accruing thereon.
(5) The record of nomination shall be kept by a Co-operative Society in such manner as may be laid down in the bye-laws.
(6) The value of t
Every Co- operative Society shall maintain a register of members showing-
(a) the name, address and occupation of each member, and a statement of shares held by him;
(b) the date on which the member's name was entered in the register;
(c) the date on which any person ceased to be a member;
(d) the nominees appointed by a member.
No member other than the Government or a Co-operative Society shall hold more than one- fifth of the share capital of a Co-operative Society or have or claim any interest in the shares of the Co-operative Society exceeding ten thousand rupees, whichever is [less.]
Without prejudice to the provisions of section 24, the general meeting alone shall have the power to transact the following business:-
[(a) fixing the maximum credit limit of the Co-operative Society having 1000 or less members subject to the approval of the Registrar.]
[(b) .... .... ... ... ... ... ... ...]
(c) expulsion of the members.
The members of the committee of a Co-operative Society shall be elected in accordance with the rules given in Appendix C.
(1) The Registrar in his direction under Section 26-A shall intimate the number and class of persons to be co-opted in the committee of a co-operative society.
(2) The committee of a co-operative society, to which a direction under Section 26-A has been issued by the Registrar, shall immediately after the receipt of such direction, call a meeting in accordance with these rules and the bye-laws.
(3) The Committee shall then co-opt the number of members specified in the direction issued by the Registrar from amongst the members belonging to Scheduled Castes or Schedule Tribes or Backward Classes or from amongst members who hold, as landowner or tenant or as both, not more than two standard acres of agricultural land:
Provided that the members so co-opted fulfil the conditions and qualifications prescribed for the elected members of the committee in these rules or in the bye-laws of such a co-operative s
Subject to the provisions of sub- section (1F) of section 26, the first committee of a co-operative society shall be elected within a period of six months from the date of its registration.
Proportion of individuals and Co-operative Societies for constituting committee. [Section 85 (2) (ix)]
No person shall be eligible for election as a member of the committee if -
(a) he is in default to any Co-operative Society in respect of any sum due from him to the Co-operative Society or owes to any Co-operative Society an amount exceeding his maximum credit limit;
(b) he has directly or indirectly, any interest in any contract to which the Co-operative Society is a party except in transactions made with the Co-operative Society as a member in accordance with the objects of the Co- operative Society as stated in the bye-laws;
(c) he has at any time during a period of one year prior to the date of scrutiny of nomination papers, engaged in any private business, trade or profession of any description which is carried on by the society;
(d) he has committed any offence involving dishonesty or moral turpitude during a period of five years prior to the date of scrutiny of nomination
A member of the committee shall cease to hold his office as such if he:-
(a) continues to be in default in respect of any sum due from him to the Cooperative Society for such period as may be laid down in the bye-laws ;
(b) ceases to be a member;
(c) is declared insolvent;
(d) becomes of unsound mind;
(e) is convicted of an offence involving dishonesty or moral turpitude; or
(f) becomes subject to any disqualification which would have prevented him from seeking election, had he incurred that qualification before election.
The Registrar may, in such cases as he thinks fit, divide the area of operation of a Co-operative Society into zones not exceeding in number than the number of members to be elected for the committee.
(1) The qualifications and conditions of service subject to which any person may be employed by a co-operative society or a class of co-operative societies shall be such as may be determined by the Registrar from time to time.]
(2) Where the Registrar is of the opinion that it is necessary or expedient so to do, he may by order, for reasons to be recorded in writing relax the provisions of this rule with respect to any co-operative society or class of co-operative societies to such extent as he may consider proper.
(1) Without prejudice to the bye-laws, no officer of a co-operative society shall, without the prior permission in writing of the Registrar, have an interest directly or indirectly, otherwise than as such officer-
(a) in any contract made with the society; or
(b) in any property sold or purchased or leased by the Co-operative Society; or
(c) in any other transaction of the Co-operative Society, except as investment made or as loan taken from the Co-operative Society or the provision of residential accommodation by the Co-operative Society.
(2) No officer of a co-operative society shall without the prior permission in writing of the Registrar, purchase directly or indirectly, any property of a member of the Co-operative Society sold for the recovery of his dues to that Co-operative Society.
(3) The restrictions contained in this rule shall continue to apply fo
For the purpose section 36 a copy of an entry in the books of a Co-operative Society shall be certified by a certificate written at the book containing the entry is still in the custody of the Co-operative Society.
[Provided that the certificate shall be signed and dated by the Manager or Secretary of the Co-operative society or by an officer authorised by the Co-operative Society to do so.]
Loans and subsidies to a Co-operative Society or class of Co-operative Societies may be granted by Government on such terms and conditions as may be laid down by Government by a general or special order from time to time.
An application by a Cooperative Society for a loan or subsidy or both from [the Government or a Government sponsored agency shall be made through the Registrar. While forwarding the application, the Registrar shall record his opinion regarding the eligibility of the Co-operative Society for the said loan or subsidy or both, its financial position and the desirability of sanctioning to the Co-operative Society the said loan or subsidy or both.]
A Co-operative Society receiving Government loan or subsidy or a Co-operative Society in which a share or shares have been subscribed or liability by way of guarantee for borrowing exceeding fifty per cent of the working capital of the Co-operative Society has been undertaken by the Government, shall furnish such information and submit such returns as the sanctioning authority or the Registrar may, from time to time, require.
[(1) ... ....... .... ]
(2) The reserve fund of a Co-operative Society or class of Co-operative Societies, may unless the Registrar by special order otherwise directs to be invested under section 44, be utilized in the business of the Co-operative Society.
(3) The reserve fund shall be indivisible and no member shall be entitled to claim a specified share in it:
[Provided that the Reserve Fund may be utilized with the prior approval of Registrar in meeting losses when it is necessary so to do to save the Co-operative Society from going under liquidation or to prevent the depositors from making a run on the Co-operative Society for getting back their deposits or any such other eventuality.]ssss
(4) No Co-operative Society whose reserve fund has been separately invested or deposited shall draw upon, pledge or otherwise employ such fund except with the sanction of the Registrar previ
(1) In no Co-operative Society the dividend shall exceed [20 per cent] per annum on paid up share-capital
(2) In a Co-operative Society with unlimited liability on dividend or bonus shall be paid until a period of five years has elapsed from the date of registration.
(3) No dividend shall be paid by the Co-operative Society while any claim due from the Co-operative Society to a depositor or lender remains unsatisfied.
(4) The Registrar, may, by a general or special order, direct that a Co- operative Society shall not pay dividend or shall pay dividend at a reduced rate so long as it receives loans and deposits non-members.
The net profits of a Co-operative Society shall be the profits remaining after allowing for the following charges, in addition to those specified in clause (gg) of Section 2, namely:-]
(a) all other usual working charges, such as repairs, rent, taxes, subsidies received, depreciation and irrecoverable bad debits written off;
(b) capital expenditure written off, either wholly or in part;
(c) capital loss actually incurred and not adjusted against any funds created out of profits;
(d) provisions for estimated bad debits, if any; and
(e) expenses incurred in connection with election of the committee.
Every Co-operative Society shall contribute such amount not exceeding two per cent as may be directed by the Registrar, from time to time out of its net profits of the year to the Co-operative Education Fund to be administered by the State Co-operative Union. The contributions payable by a Co-operative Society shall be recoverable in the manner provided in section 63.
The State Co-operative Union shall [frame regulations with the approval of the Registrar for the utilization and administration of the fund.]
(1) Besides the manner provided in section 44, a Co- operative Society may invest or deposit its funds or any portion thereof-
(a) in any bonds, certificates or loans issued by the Government or the Central Government;
(b) in debentures floated by a Co-operative Society;
(c) with the previous sanction of the Registrar, in the purchase or lease of land or building or in the acquisition, construction or renewal of any building that may be necessary to conduct its business.
(2) The amount of the funds invested under clause (c) of sub-rule (1) shall be recouped on such terms as may be determined in each case by the Registrar.
(3) The provisions of clause (c) of sub-clause (1) shall not apply
(a) to immovable property purchased-
(i) by a Co-operative Society at a sale held in execution of a decree obtained by it, for th
No Co-operative Society shall write off, in whole or in part, any [debt or other sums due to it without the previous sanction of the Registrar.]
The bye-laws of a Co-operative Society may lay down the limit beyond which a Co-operative Society may not advance loans to individual members without the Registrar's prior consent.
The Registrar may, in furtherance of the objectives of a Co-operative society of a class of co-operative societies regulate the lending of money by such co-operative societies, by general or special order, indication-]
(a) the manner in which the application for loan may be given and the documents which may be attached therewith;
(b) the mode of dealing with the application for loans;
(c) the ratio between the loan to be granted and the shares to be held by the loanees;
(d) the nature and extent of security to be demanded by a Co- operative Society in respect of loans advanced by it;
(e) the purpose for which the loans may be advanced;
(f) the ratio in which the loan may be given in cash and kind;
(g) the instalment in which the loan may be given;
(h) the mode of disbursement of loan; whether
No Co-operative Society shall grant loans or make advances against the security of its own shares.
(1) A declaration under clause (i) or [(ii) of section 32 shall be made in the form given in appendix 'D'.]
(2) A register of such declarations to be kept by the Co-operative Society shall be in the form given in appendix 'E'
(1) Subject to the provisions of sub-rule (2), a Co-operative Society shall not receive deposits and loans whether from members or non-members which exceed the limit fixed from time to time in a general meeting subject to the approval of the Registrar who may at any time reduce it.
(2) A Co-operative Society which accepts deposits and loans from members only and has no liability to any person other than the members, may receive such deposits and loans in excess of the limits referred to in sub-rule (1) if the excess amount is deposited in a Co-operative Bank to which it is affiliated or is revested in Government Securities specified in section 20 of the Indian Trusts Act, 1882; provided that the amount so deposited or invested, or any part thereof, is not withdrawn or otherwise utilised except for the payment of the deposits accepted in excess of the aforesaid limit.
(3) No Co-operative Society shall accept loans or deposit
Every Co-operative Society accepting deposits and granting cash credits shall maintain fluid resources in such form and according to such standards as may be fixed by the Registrar from time to time by general or special order.
(1) The Registrar may, from time to time, give directions consistent with the provisions of the Act as he considers necessary for the beneficial and efficient functioning of any co- operative Society or class of co-operative societies.
(2) If any question arises whether any directions given under sub-rule (1) are necessary for the beneficial and efficient functioning of the co-operative society or class of co-operative societies, as the case may be, the concerned co-operative society or class of co-operative societies may refer such question to the Government whose decision thereon shall be final.
Save in a producers co-operative society no relative of any member of the committee or of any other officer of a co-operative society shall be appointed to any office in the co-operative society, except with the previous sanction of the Registrar.
The accounts of a co- operative society shall be audited in such manner as the Registrar may specify from time to time.
A co-operative society or class of co-operative societies shall maintain the account books and other records in such form and manner as may be directed by the Registrar by a general or special order from time to time.
(1) A co-operative society shall prepare a balance sheet, profit and loss account, trading account and such other statements relating to accounts as may be specified, from time to time, by the Registrar, as soon as practicable after the close of the co-operative year in such form, as may be laid down by the Registrar.
(2) If the Registrar so directs a copy each of the statements referred to in sub-rule (1) shall be supplied by a co-operative society to the Registrar by such date as he may specify.
(1) Every co-operative society shall pay to the Government a fee for the audit of its accounts for each co- operative year in accordance with the scale fixed by the Registrar with the previous approval of the Government in respect of the class of co-operative societies to which it belongs.
(2) The Registrar may, subject to such conditions as may be laid down by the Government, remit the whole or any part of the fees payable under sub-rule (1) by a co-operative society or a class of co-operative societies for any year or other specified period.
When a party to the dispute referred to in sub-section (1) of section 55 desires to have that dispute determined in accordance with the provisions of the said section, the party shall apply to the Registrar in the form given in Appendix 'F'.]
(1)The Registrar shall have power to require the person referring a dispute under sub-section (i) of section 55 to deposit in advance the fee, if any, to be specified [by the Registrar keeping in view the nature of the case for deciding the dispute.]
(2) The Registrar may, in such cases as he thinks fit, order the payment of fee to the arbitrator.
(3) No fee shall be payable to an arbitrator till the dispute referred to him is [decided finally.]
(4) The Registrar may, in his discretion, remit the whole or any part of the fees collected under sub-rule(1).
In an arbitration proceeding, the Registrar or the arbitrator, as the case may be, shall communicate the date, time and place of hearing the dispute to all the parties concerned.
The Registrar or the arbitrator, as the case may be, shall have power to appoint or remove a guardian for the party to the dispute who is a minor or who, by reasons of unsoundness of mind or mental infirmity, is incapable of protecting his interest.
The Registrar or the arbitrator, as the case may be, shall hear the parties and witnesses [who attend and record the evidence. On the basis of such evidence and after consideration of any documentary evidence that may be produced by either party, he shall give a decision or award, as the case may be, in accordance with justice, equity and good conscience.] The decision or award shall be reduced to writing,[pronounced to the parties and filed in the office of the Registrar.] In the absence of any party duly summoned to attend [and served, the dispute may be decided ex parte.]
The arbitrator or the Registrar, as the case may be, shall have the power to order the expenses of determining a dispute or the costs of either party to be borne by such party or parties to the dispute as he may think fit.
The record of arbitration proceeding shall be kept in such place and in such manner as the Registrar may direct.
[(2) A copy of the decision or award shall, on application, be given to a party by the Registrar as soon as may be possible on payment of the fees specified in rule 78 of these rules.]
(1)The liquidator shall as soon as the order of winding up of the co-operative society takes effect publish by such means as he may think proper, a notice requiring all claims against the co-operative society, the winding up of which has been ordered to be submitted to him within one month of the publication of the notice. All liabilities recorded in the account books of a co-operative society shall be deemed ipso facto to have been duly submitted to him under this sub-rule.
(2) The liquidator shall, be after settling the assets and liabilities of the co-operative society as they stood on the date on which the order for winding up is made, proceed next to determine the contribution to be made by each of its members, past members or by the estates or nominees, heirs or legal representatives of deceased members or by any officers or former officers to the assets of the Co-operative Society under clauses (b) and (e) of sub- section (2) of section 5
An order passed by the liquidator under clause (b) of sub-section (2) of section 59 shall be submitted by him to the Registrar for approval. The Registrar may modify such order or refer it back to the liquidator for further enquiry or action.
The liquidator shall submit to Registrar a quarterly report in such form as the Registrar may specify showing the progress made in the liquidation of the co-operative society.
All funds in charge of the liquidator shall be deposited with such institution or person as the Registrar may approve.
All expenses incurred in connection with the winding up of the co-operative society shall be subject to the approval of the Registrar.
The liquidator shall distribute the realised assets in such manner and in such priority as the Registrar may direct.
The remuneration fixed under section 58(1) shall be included in the cost of liquidation which shall be payable out of the assets of the co-operative society in priority to all other claims.
After discharging the liabilities of the co-operative society and repayment of share-capital, the liquidator may utilise the surplus assets, if any, for one or more of the following purposes:-
(a) deposit the amount in [the Central Co-operative Bank of the area which the Co-operative Society in question operates until a new co-operative Society with similar area of operation is registered when it shall be credited to reserve fund of the new co-operative society ;]
(b) any purpose connected with the development of co-operative movement, subject to the approval of the Registrar;
(c) an object of public utility selected with due regard to the wishes of the members and approved by the Registrar.
If any liability cannot be discharged by the liquidator owing to the whereabouts of the claimant not being known or for any other cause, the amount covered by such undischarged liability may be deposited in the Central Co-operative Bank having jurisdiction over the area in which the co-operative society was functioning and shall remain at the disposal of the claimants for a period of three years, after which the undrawn amount, if any, may be transferred to the State Co-operative Union for credit to the Co- operative Education Fund.
A liquidator may, at any time, be removed by the Registrar and he shall on such removal hand over all the property and documents relating to the Co-operative Society under liquidation to such persons as the Registrar may direct.
The liquidators shall keep such books and accounts as may be laid down by the Registrar from time to time. The Registrar may at any time cause such books and accounts to be audited.
The liquidator shall, after meeting the liabilities of the Co-operative Society, submit a final report to the Registrar in such forms as may, from time to time, be specified [by him.]
All the books and records of a co-op. society whose registration has been cancelled may be destroyed under the orders of the Registrar after the expiry of a period of three years from the date of cancellation.
The notice under the proviso to Section 62 shall indicate the substance of the demand or debt due to the co-operative society and shall be served in the manner laid down for the service of summons in sub-rule (3) of rule 74. No order under Section 62 shall be made until a period of thirty days has expired the date of service of the notice.
Any decree-holder requiring the provisions of clause (b) of section 63 to be applied or shall apply to the Recovery Officer within whose jurisdiction the defaulter resides or the property of the defaulter is situated.
(2) every such application shall be made in the form specified by the Registrar and shall be signed by the decree-holder. The decree holder may indicate whether he wishes to proceed against the immovable property mortgaged to the decree-holder or other immovable property or to secure the attachment of movable property,
(3) on receipt of such application the recovery Officer shall verify the correctness and genuineness of the particulars set forth in the application with the records, if any, in the office of the Registrar and prepare a demand notice in writing in duplicate in the form specified by the Registrar, setting forth the name and address of the defaulter and the amount due and forward it to a Sale Of
The powers of the Registrar under section 65 shall not be exercised by an officer below the rank of Assistant Registrar.
Every summons issued under the Act shall be in writing, shall be authenticated by the seal, if any, of the officer by whom it is issued and shall be signed by such Officer or by any person authorised by him in writing in that behalf. It shall require the person summoned to appear before the said officer at a stated time and place and shall specify whether his attendance is required for the purpose of giving evidence, or to produce a document or for both purposes; and any particular document the production of which is required, shall be described in the summons with reasonable accuracy.
(2) Any person may be summoned to produce a document, without being summoned to give evidence, and any person summoned merely to produce document shall be deemed to have complied with the summons if he causes such document to be produced, instead of attending personally to produce the same.
(3) The service of summons under the Act on any pers
For the purposes of section 68, no appeal shall be entertained unless it is accompanied by a copy of the order appealed against.
The Registrar may lay down the returns to be submitted by a Co-operative Society and provide for the persons by whom and the form in which such returns will be submitted. If a Co-operative Society fails to comply with the directive within a reasonable time, the Registrar may have the returns completed at the expense of the Co-operative Society.
Any member of the public shall be permitted, on payment of a fee of one rupee for each occasion of inspecting, to inspect, for any lawful purpose, any public document (exclusive of public document privileged under sections 123, 124, 128 and 131 of the Indian Evidence Act, 1972 ) filed in the office of the Registrar, Co- operative Societies, and in particular the following documents namely :-
(1) The registration register.
(2) The registration certificate of a Co-operative Society,
(3) The registered bye-laws of a Co.op. Society and amendments effected in such bye-laws.
(4) An order cancelling the registration of a Co-operative Society.
(5) An order directing the liquidation of a registered Co-operative Society.
(6) The annual accounts of the Co-operative Society.
(7) Any decision of the Registrar or award of an Arbi
The fees prescribed for certified copies of any public documents, which any person has under the preceeding rule a right of inspection, are as follows :-
(1) For registration certificate. Rs. 3-00
(2) In the case of other documents, sum calculated at the following rates:-
(i) First two hundred words or under 0-75
(ii) Every additional hundred words or fraction thereof 0-37
The orders of the liquidator under clauses (b) and (e) of sub-section (2) of section 59 shall be in the form given in Appendix G.]
The Form of certificate to be issued under sub-section (2) of section 67-A shall be in the form given in appendix 'H'.]
[Notwithstanding anything contained in these rules, the procedure contained in this rule shall apply to a co-operative society whose working capital exceeds Rs. 50,000.]
[(i) At least fifteen days' clear notice, specifying the date, place, time and agenda for a meeting of a general body/committee and at least seven days' clear notice for a meeting of any smaller body set up by either of them, whether convened by the Registrar, the President or otherwise, shall be given to all the members of the general body/committee or smaller body, as the case may be:]
Provided that a shorter notice may be given to all the members of the general body/committee or smaller body, as the case may be, with the permission of the Registrar or under his direction.
(i-a) The Registrar may, of his own motion or on a reference made to him, decare the proceedings of the meeting referred to in clause (i) as invalid, if he is sati
Bar on voting by Government nominated Members on certain matters. The members nominated by the Government to the committee of a Co-operative Society under clause (a) of sub-section (2) of Section 26 shall not vote in the election of office-bearers of that Co-operative Society.]
The Managing Director of a Co-operative Society shall be its Principal Executive Officer and the employees of the Co-operative Society shall exercise their powers and perform their duties under his superintendence and control. The Managing Director shall exercise his powers and perform his duties under the overall supervision and control of the Committee.
Notwithstanding anything contained in rule 80-B, when a Chairman has been appointed in pursuance of proviso (a) to clause (a) of sub-section (2) of section 26 of the Act and when such a Chairman is a member of the Indian Administrative Service, or a Joint Registrar, or an Additional Registrar, Co-operative Societies, 2, 3 and is also working whole-time in such a capacity, all power of the Principal Executive Officer, by whatever name called, of a Co-operative Society, will vest in the Chairman. All other employees of the Co-operative Society will exercise their powers and perform their duties under his superintendence and control. The Chairman, with the prior approval of the Registrar, may delegate any of his powers to any employee of the Co-operative Society.].
The Punjab Co-operative Societies Rules, 1956, are hereby repealed:
Provided that any action taken, order issued, bye-law made under the provisions of the rules hereby repealed shall in so far as it is not inconsistent with the provisions of these rules, be deemed to have been taken, issued or made under the provisions of these rules.
[See Rule 42 (1)]
Form of Declaration
I ____________ (age _________), residing at ______ __________________ having been admitted to the membership _____________ Co-operative Society.
Limited ___________ and being desirous of borrowing loan from the Co-operative Society,
with unlimited liability _______________ having borrowed loan from the Co- operative Society
the date of coming into force of the Punjab Co-operative Societies Act, 1961 make this declaration as required by section 32 of the Punjab Cooperative Societies Act, 1961 that I own
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have interest as a tenant in land specified in the Schedule, and I hereby create a charge on the said land
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[See Rule 42 (2)]
Register of Declaration Made Under Section 32
| Serial No. | Date of entry in the Register | [See rule 51] |
In the Court of __________________ reference No. ___________________ A B (add description and address) ___________________
Applicant/s
Versus/Against
C D (add description and address) ________________________
The above named applicant/s State/s as follows :-
(i) Description of the dispute:
(ii) Cause of action in brief:
(iii) Description of the relief claimed:
(iv) List of document to be relied upon:
Place
(Signature of the Party). _______________
Date
Verification:
Verified that the contents of the above paras ___________________ are true to the best of my/our knowledge and paras __________________ are believed to be true upon the information
(See Rule 79)
Form of Liquidation Order
I _____________________________ Liquidator ___________________________________ District ___________________
Society under liquidation Tehsil _____________________________
authorised under section 59 (2) (b) and (e) of the Punjab Co-operative Societies Act, 1961 do hereby order/assess Shri _______________ son of ____________ caste ____________________ resident of ____________________ Tehsil _____________ District ________________ to pay Rs. ____________
as debts/contribution/liquidation expenses, as member/past member/estate nominee, heir or legal representative of Shri __________ son of ____________ resident of ______________________
deceased member/past officer/present officer towards assets of the Co- operative Society.
Liquidator __________
Dated __________
[See rule 79-A]
Form of Certificate for Recovery Under Section 67-A of the Act
Whereas the _____________ Co-operative Society Ltd. __________ Tehsil ___________, District _________ made an advance of Rs. _______________ on _________ to Shri _________ son of Shri ________ of Village __________ its member and a sum of Rs. _______________ has not been paid back by the said member to the society by the due date;
Whereas the said Co-operative Society has applied for the recovery of the said amount alongwith interest accrued thereon as arrears of land revenue.
Whereas I have satisfied myself, after due enquiry and after affording to the said Shri _______________ son of Shri _____________________ an opportunity of being heard that the aforesaid sum of Rs. _________________ with interest of Rs. ____________ accrued thereon upto ____________ at the rate of Rs. _________ per annum is due.
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