GUJARAT CO-OPERATIVE SOCIETIES ACT, 1961
(1) This Act may be called the Gujarat Co-operative Societies Act, 1961.
(2) It extends to the whole of the State of Gujarat.
(3) It shall come into force on such date as the State Government may by notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires,--
(1) "auditor" means a certified auditor appointed either by the Registrar or by a society to audit the accounts of the society ;
(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;
(3) "Central Bank" means a co-operative bank, the objects of which include the creation of funds to be loaned to other societies;
(4) "certified auditor" means a person who possesses the prescribed qualifications and is authorised by the Registrar as an auditor Under-section 84;
(5) "committee" means the committee of management, or other directing body, to which the management of the aff
(1) For carrying out the purposes of this Act, the State Government shall appoint a person to be the Registrar of Co-operative Societies for the State.
(2) To assist the Registrar in his functions under this Act, the State Government may appoint such number of Additional Registrars, Joint Registrars, Deputy Registrars, Assistant Registrars and other persons with such designations as it may think fit.
(3) The State Government may, by general or special order, confer on a person or persons appointed under Sub-section (2) all or any of the powers of the Registrar under this Act.
(4) Every person appointed under sub-section (2) shall work under the general guidance, and the superintendence and control of the Registrar.
A society, which has as its object the promotion of the economic interests or general welfare of its members, or of the public, in accordance with co-operative principles,or a society established with the object of facilitating the operations of any such society, may be registered under this Act :
Provided that it shall not be registered if, in the opinion of the Registrar, it is economically unsound, or its registration may have an adverse effect upon any other society, or it is opposed to, or its working is likely to be in contravention of public policy.
A society may be registered with limited or unlimited liability.
(1) No society other than a federal society shall be registered under this Act unless it consists of at least ten persons (each of such persons being a member of different family), who are qualified to be members under this Act and who reside in the area of operation of the society.
(2) No society with unlimited liability shall be registered, unless all persons forming the society reside in the same town or village, or in the same group of villages.
(3) No federal society shall be registered, unless it has at least five societies as its members.
(4) Nothing in this Act shall be deemed to effect the registration of any society made before the commencement of this Act.
(5) The word "limited" or "unlimited" shall be the last word in the name of every s
Notwithstanding anything contained in this Act, the State Government may, by special order in each case, exempt subject to such conditions, if any, as it may impose, any society from any of the requirements of this Act as to registration.
(1) For the purposes of registration, an application shall be made to the Registrar in the prescribed form, and shall be accompanied by four copies of the proposed bye-laws of the society. The person by whom, or on whose behalf, such application is made, shall furnish such information in regard to the society, as the Registrar may require.
(2) The application shall be signed--
(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
(b) in the case of a federal society, by at least five societies.
(3) No signature to an application on behalf of a society shall be valid unless the person signing is a member of the committee of s
(1) On receipt of an application for registration from a society--
(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
(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 Registrar shall maintain a register in the prescribed form of all societies registered or deemed to be registered under this Act.
When, any question arises whether for the purpose of the formation, or registration or continuance of a society or the admission of a person as a member of a society under this Act a person is an agriculturist or a non-agriculturist, or whether any person is a resident in a town or "village or group of villages, or whether two or more villages shall. be considered to form a group, or whether any person belongs to any particular tribe, class or occupation, the question shall be decided by the Registrar.
The Registrar may classify all societies in such manner, and into such classes, as he thinks fit; and the classification of a society under any head of classification by the Registrar shall be final.
(1) No amendment of the bye-laws of a society shall be valid until registered under this Act. For the purpose of registration of an amendment of the bye-laws, a copy of the amendment passed, in the manner prescribed, at a general meeting of the society, shall be forwarded to the Registrar.
(2) If the Registrar is satisfied that the amendment so forwarded is not contrary to this Act or the rules, he may register the amendment :
Provided that no order refusing to register the amendment shall be passed except after giving the society an opportunity of being heard.
(3) When the Registrar registers an amendment of the bye-laws of a society, he shall issue to the society copy of the amendment certified by him, which shall be conclusive evidence of its registration.
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(1) If it appears to the Registrar that an amendment of the bye-laws except in respect of the name or objects of a society is necessary or desirable in the interest of such society, he may call upon the society, in the prescribed manner, to make the amendment within such time as he may specify.
(2) If the society fails to make the amendment within the time so specified, the Registrar after giving the society an opportunity of being heard and with the prior approval of the State Co-operative council, may register the amendment, and shall thereupon issue to the society a copy thereof certified by him. With effect from the date of the registration of the amendment in the manner aforesaid, the bye-laws shall be deemed to have been, duly amended accordingly; and the Bye-laws as amended shall be binding on the society and its members.
(1) Subject to the provisions of the rules a society may, by resolution passed at a general meeting, and with the approval of the Registrar, change its name but such change shall not affect any right or obligation of the society, or of any of its members, or of any of the persons who have ceased to be members; and any legal proceedings pending before any person, authority or court may be continued by or against the society, under its new name
(2) When a society changes its name, the Registrar shall enter the new name in its place in the register of societies, and shall also amend the certificate of registration accordingly.
(1) Subject to the provisions of this Act and the rules, a society may by passing a resolution and by amending its bye-laws, change the form or extent of its liability.
(2) When a society has passed a resolution to change the form or extent of its liability, it shall give notice thereof in writing to all its members and creditors and, notwithstanding anything in any bye-laws or contract to the contrary, any member or creditor shall, during a period of one month from the date of service of such notice upon him, have the option of withdrawing his investment in its shares, and his deposits and loans, and of demanding the payment of his other dues, if any.
(3) Any member or creditor who does not exercise his option within the period specified in Sub-section (2), shall be deemed to have assented to the change.
(1) Subject to the provisions of the rules and the previous sanction of the Registrar a society may, by resolution passed by two-thirds majority of the members present and voting at a special general meeting held for the purpose, decide--
(a) to amalgamate with another society;
(b) to transfer its assets and liabilities, in whole or in part, to any other society;
(c) to divide itself into two or more societies;
(d) to convert itself into another class of society; or
(e) to change its objects.
(2) Where the amalgamation, transfer division or conversion referred to in sub-section (1) involves a transfer of the liabilities of society to any other society, the Regi
1 [17A.Power to direct amalgamation and re-organisation of societies in publicinterest, etc.
(1) Where the Registrar is satisfied that it is essential in the public interest or in the interest of co-operative movement, or for the purpose of securing proper management of any society that two or more societies should be amalgamated or that any society should be re-organised, then, notwithstanding anything contained in section 17 but subject to the provisions of this section, the Registrar may, after consulting such federal society as may be notified in this behalf by the State Government by order published in the Official Gazette, provide for the amalgamation of these societies into a single society or, as the case may be, for the re-organisation of that society, with such constitution, property rights, interests and authorities, and such liabilities, duties and obligations as may be
Where two or more societies have been amalgamated, or a society has been divided or converted, the registration of such societies or society, as the case may be, shall be cancelled on the date of registration of the new society or societies so formed.
Where a compromise or arrangement is proposed--
(a) between a 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 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.
(1) The Registrar shall make an order canceling the registration of a society if it transfers the whole of its assets and liabilities to another society, or amalgamates with another society, or divides itself into two or more societies, or if its affairs are wound up or it has not commenced business within a reasonable time of its registration or has ceased be function.
(2) An order made under sub-section (1) shall be published in the Official Gazette.
(3) The society shall, from the date of such order of cancellation, be deemed to be dissolved and shall cease to exist as a corporate body.
(1) Any two or more societies may, with the prior approval of the Registrar, by resolution passed by three-fourths majority of the members present and voting at a general meeting of each such society, enter into partnership for carrying out any specific business or businesses, provided that each member of each society has had clear ten days' written notice of the resolution, and the date of the meeting.
(2) Nothing in the Indian Partnership Act, 1932(XI of 1932) and the Indian Companies Act, 1956(I of 1956) shall apply to such partnership.
(1) Subject to the provisions of section 25, no person shall be admitted as a member of a society except the following, that is to say--
(a) an individual ,who is competent to contract under the Indian Contract Act, 1872(IX of 1872);
(b) a firm, company, 1 [or any other body corporate constituted under any law for the time being in force] or a society registered under the Societies Registration Act, 1860(XXI of 1860);
(c) a society registered, or deemed to be registered under this Act;
(d) the State Government;
2 [(e) a local authority;
(f) a public trust registered or deemed to have been registered under Bombay Public Trusts Act, 1950(Bom.XXIX of 1950);]
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(1) Where a person becomes a member of any society on his making a declaration as required by the bye-laws of the society or otherwise and such declaration is found to be false, then such person shall be disqualified to continue as a member of the society.
(2) Where a person continues as a member of the society notwithstanding the disqualification incurred by him1[under sub-section (3) of section 22 or under sub-section (1)], he shall be removed from the society by the Registrar:
Provided that the Registrar shall, before making an order of removal give the person an opportunity of being heard.
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1. These words, brackets and figures were substitute for the words, "brackets and figure" under sub-section (1), by Guj. 23 of 1982, s.
1[24. Open membership
(1) No society shall, without sufficient cause, refuse admission to membership to any person duly qualified therefor under the provisions of this Act, the rules arid bye-laws of such society.
(2) Where the society does not communicate any decision to a person within a period of three months from the date of receipt by the society of his application for "admission, such person shall be deemed to have become the member of such society on the expiry of the aforesaid period of three months.
(3) Where a person is refused admission as a member of a society, the decision together with the reasons therefor shall be communicated in writing to such person by the society within three months from the date of receipt by the society of the application for admission, made by such person
(1) Notwithstanding anything contained in section 22, a society of such class as may be prescribed may admit any person as a nominal, associate, or sympathiser member :
Provided that the total number of associate and sympathiser members in a society shall not exceed ten per cent, of the total number of members thereof.
(2) A nominal, associate or sympathiser member shall not be entitled to any share, in any form whatsoever, in the assets or profits of the society. Subject to the provisions of sub- section (6) of section 28 a nominal, associate or sympathiser member shall have such privileges and rights of a member and be subject to such liabilities of a member, as may be specified in the bye-laws of the society.
A person shall cease to be a member of a society on his resignation from the membership thereof being tendered in writing to the society and accepted by the society or on the transfer of the whole of his share or interest in the society to another member, or on his death, or removal or expulsion from the society :
Provided that, the resignation of a person from the membership of a society, if such member is not in debt to the society or is not a surety for an unpaid debt due to the society, shall unless it is accepted earlier be deemed to have been accepted on the expiry of one month from the date of tendering his resignation in writing to the society.
No person shall exercise the rights of a member of a society, until he has made such payment to the society in respect of membership, or acquired such interest in the society, as may be prescribed by the rules, or the bye-laws of such society.
1[28. Voting powers of members
(1) No member of any society shall have more than one vote in its affairs :Provided that in the case of an equality of votes the Chairman shall have a casting vote.
(2) Where a share of a society is held jointly by more than one person, each such person shall have, in the absence of preceding person or persons, a right to vote :
Provided that such person is present and is not a minor
Provided further that where the manner of voting is by ballot, all the joint holders of the share may appoint one of them to vote on their behalf is the affairs of the society.
(3) A society which has invested any part of its funds in the shares of another society, may appoint one of its members
In any society, no member other than the State Government or a society, shall hold more than such portion not exceeding one fifth of the total share capital of the society as may be prescribed :
Provided that the State Government may, by notification in the Official Gazette, specify in respect of any class of societies a higher maximum than one-fifth of the share capital.
(1) Subject to the provisions of section 29 and sub-section (2) a transfer of, or charge on, the share or interest of a member in the capital of a society shall be subject to such conditions as may be prescribed.
(2) A member shall not transfer any share held by him, or his interest in the capital or 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 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
(c) the committee has approved such transfer.
(1) On the death of a member of a society, the society shall subject to the provisions of sub-section (2) transfer his share or interest in the society to a person or persons nominated by such member in accordance with the rules or, in the absence of such nomination to such person as may appear to the Committee to be the heir or legal representative of such member.
(2) No such transfer shall be made unless such nominee, heir or legal representative, as the case may be, is duly admitted as a member of the society.
(3) Notwithstanding anything contained in sub-section (2), any such nominee, heir or legal representative, as the case may be, may require the society to pay to him the value of the share or interest of the deceased member, ascertained as prescribed.
(4) A society may pay all other mo
The share or interest of a member in the capital of a society, or in the loan-stock issued by a housing society, or in the funds raised by a society from its members by way of savings deposits, shall not ,be liable to attachment or sale under any decree or order of a Court for or in respect of any debt or liability incurred by the member ; and accordingly, neither a Receiver under the Provincial Insolvency Act, 1920(V of 1920), nor any such person or authority under any corresponding law for the time being in force, shall be entitled to or have any claim on, such share or interest.
(1) Every member of a society shall be entitled to inspect, free of cost, at the society's office during office hours, or any time fixed for the purpose by the society, a copy of the Act, the rules, and the bye-laws, the last audited annual balance sheet, the profit and loss account, a list of the members of the committee, a register of members, the minutes of general meetings, and those portions of the books and records in which his transactions with the society have been recorded.
(2) A society shall furnish to a member, on request in writing and on payment of such fees as may be prescribed therefore, a copy of any of the documents mentioned in sub-section (1).
(1) Where a person has ceased to be a member of a society under section 26,
(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,
(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 subsection (2), continue for a period of three years from such date as if he had not ceased to be a member :
Provided that the liability shall attach to the estate of such person, if such cessation was due to his death or such person dies after his ceasing to be a member.
(2) Where a society is ordered to be wound up under any provisions of this
Notwithstanding anything contained in the Provincial Insolvency Act, 1920(V of 1920), or any corresponding law for the time being in force, the dues of a society from a member, in insolvency proceedings against him, shall rank in order of priority next to his dues to Government or to a local authority.
(1) A society may, by resolution passed by three-fourths majority of all the members present and voting at a general meeting of members held for the purpose, expel a member for acts which are detrimental to the proper working of the society :
Provided that, no resolution shall be valid, unless the member concerned is given an opportunity of representing his case to the general body, and no resolution shall be effective unless it is submitted to the Registrar for his approval and approved by him :
Provided further that, the approval or disapproval of the Registrar shall be communicated to the society within a period of three months from the date of such submission, and in the absence of such communication the resolution shall be effective.
(2) No member of a society who has been expelled under
A society on its registration shall be a body corporate by the name under which it is registered, with perpetual succession and a common seal, and with, power to acquire, hold and dispose of property, to enter into contracts, to institute and defend suits and other legal proceedings, and to do all such things as are necessary for the purpose for which it is constituted.
Every society shall have an address, registered in accordance with the rules, to which all notices and communications may be sent; and the society shall send notice in writing to the Registrar of any change in the said address, within thirty days thereof.
(1) Every society shall keep a register of its members, and enter therein the following particulars, that is to 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 member;
(c) the date on which each person was admitted as a member;
(d) the date on which any person ceased to be a member; and
(e) such other particulars as may be prescribed :
Provided that, where a society has by or under this Act, permitted a member to transfer his share or interest on death to any person, the register shall also show against the member concerned the name of the person entitled to the share or inter
Every society shall keep, at the registered address of the society, a copy of this Act and the rules, and of its bye-laws, and a list of member" open to inspection to the public, free of charge, during office hours or any hours fixed by the society therefor.
(1) A copy of any entry in any book, register or list, regularly kept in the course of business and in the possession of a society shall, if duly certified in such manner as may be prescribed, be admissible in evidence of the existence of the entry, and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent to which, the original entry would, if produced, have been admissible to prove such matter.
(2) In the case of such societies, as the State Government may by general or special order direct, no officer of a society shall in any legal proceedings to which the society is not a party, be compelled to produce any of the society's books, the contents of which can be proved under sub-section (1) or to appear as a witness to prove the matters, transactions and accounts therein recorded, except by order of the Court or
Nothing in clauses (b) and (c) of sub-section (1) of section 17 of the Indian Registration Act, 1908 shall, apply--
(a) to any instrument relating to shares in a society1[not being a housing society] notwithstanding that the assets of the society consist in whole or in part of immovable property; or
(b) to any debenture issued by any society and not creating, declaring, assigning, limiting or extinguishing any right, 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
(c) to any endorsement upo
The State Government, by notification in the Official Gazette may, in the case of any society or class of societies, remit -
(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 instrument, or award of the Registrar or his nominee or board of nominees under this Act, are respectively chargeable;
(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
(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 Slate
A society shall receive deposits and loans from members and other persons, only to such extent, and under such conditions, as may be prescribed, or specified by the bye-laws of the society.
(1) No society shall make a loan to any person other than a member, or on the security of its own shares, or on the security of any person who is not a member :
Provided that, with the special sanction of the Registrar, a society may make loans to another society.
(2) Notwithstanding anything contained in sub-section (1), a society may make a loan to a depositor on the security of his deposit.
Save as is provided in this Act, the transactions of a society with persons other than members, shall be subject to such restrictions, if any, as may be prescribed.
In respect of any debt due to a society by any member thereof, the society shall have a charge upon the share or interest of such member in the capital of the society, upon the deposits of such member with the society and upon any dividend, rebate or profits payable to such member; and the society may set off any sum credited or payable to such member in or towards the payment of any such debt:
Provided that, no co-operative bank shall have a charge upon any sum invested with it by a society out of the provident fund established by it under section 72, and no co-operative bank shall be entitled to set off any such sum towards any debts due from the society.
(1) Notwithstanding anything contained in any other law for the time being in force, but subject to any prior claim of Government in respect of land revenue or any money recoverable as land revenue and to the provisions of sections 60 and 61 of the Code of Civil Procedure, 1908(V of 1908), -
(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--
(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,
(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 i
(1) Notwithstanding anything contained in this Act or in any other law for the time being in force,--
(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;
(b) any person who has taken a loan from a society of which he is a member,
(1) A member of a society may execute an agreement in favour of the society, providing that his employer shall be competent to deduct from the salary or wages payable to him by the employer, such amount as may be specified in the agreement, and to pay to the society the amount so deducted in satisfaction of any debt or other demand of the society against the member.
(2) On the execution of such agreement, the employer shall, if by a requisition in writing so required by the society and so long as the society does not intimate that the whole of such debt or demand has been paid, make the deduction in accordance with the agreement notwithstanding anything to the contrary contained in the Payment of Wages Act, 1936(IV of 1936) and pay the amount so deducted to the society, as if it were a part of the wages payable by him as required under the said Act on the day on which he makes paym
1[(1)] The State Government may subscribe directly to the share capital of a society with limited liability.
2[(2) The share capital subscribed by the State Government under sub-section (1) shall not be returned to the State Government by a society except with the previous sanction of the Government.]
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1. Section 51 was renumbered as sub-section (1) of that section by Guj. 23 of 1982, s. 8.
2. Sub-section (2) was added, Guj. 23 of 1982,s. 8.
The State Government may, under appropriation made by law, provide moneys to a society for the purchase directly or indirectly, of shares in other societies with limited liability. A society to which moneys are so provided for the aforesaid purpose is hereinafter in this Act referred to as an "Apex society".
(1) An Apex society shall, with the moneys provided under section 52 establish a Fund to be called the "Principal State Partnership Fund".
(2) An Apex society shall utilise the Principal State Partnership Fund for the purpose of--
(a) directly purchasing shares in other societies with limited liability;
(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");
(c) making payments to the State Government in accordance with the provisions of this Chapter;
and for no other purpose.
(1) A Central society which is provided with moneys by an Apex society from the Principal State Partnership Fund shall, with such moneys establish a Fund to be called the "Subsidiary State Partnership Fund".
(2) A Central society shall utilise the Subsidiary State Partnership Fund for the purpose of--
(a) purchasing shares in primary societies;
(b) making payments to the Apex society in , accordance with the provisions of this Chapter;
and for no other purpose.
Shares shall not be purchased in a society from the moneys in the Principal State Partnership Fund or the Subsidiary State Partnership Fund, except with the previous approval of the State Government.
Whore any shares are purchased in a society by--
(a) the State Government, or
(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.
An Apex society which has purchased shares in other societies from the moneys in the Principal State Partnership Fund, and a Central society which has purchased shares in Primary societies from the moneys in the Subsidiary State Partnership Fund, shall be entitled only to such dividend on the said shares as is declared by the society concerned and is payable to other shareholders of that society.
(1) If a society in which shares are purchased out of the Principal State Partnership Fund is wound up or dissolved, the State Government shall not have any claim against the Apex society which purchased the shares in respect of any loss arising from such purchase; but the State Government shall be entitled to any moneys received by the Apex society in liquidation proceedings or on dissolution, as the case may be.
(2) If a society in which shares are purchased out of the Subsidiary State Partnership Fund is wound up or dissolved, neither the State Government nor the Apex society shall have any claim against the Central society which purchased the shares, in respect of any loss arising from such purchase; but the Apex society shall be entitled to any moneys received by the Central society in liquidation proceedings or on dissolution, as the case may be, and such moneys shall be cred
(1) All moneys received by an Apex society in respect of the redemption of shares of other societies purchased out of the moneys in the Principal State Partnership Fund, or by way of dividends or otherwise or by way of interest, dividend or otherwise on the balance of that fund shall be credited to that Fund.
(2) All moneys received by a Central society in respect of the redemption of shares of Primary societies purchased out of the moneys in the Subsidiary State Partnership Fund, or by way of dividends or otherwise or by way of interest, dividend or otherwise on the balance of that fund, shall in the first instance be credited to that Fund, and then transferred to the Apex society which shall credit them to the Principal State Partnership Fund.
(3) All moneys and dividends referred to in sub-sections (1) and (2) shall, notwithstanding t
Any amount at the credit of a Principal State Partnership Fund or a Subsidiary State Partnership Fund shall not form part of the assets of the Apex society or the Central society, as the case may be.
Subject to the foregoing provisions of this Chapter--
(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;
(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.
Notwithstanding anything contained in any law for the time being in force, but subject to such conditions as the State Government by general or special order may specify in this behalf, the State Government may,--
(a) give loans to a society;
(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;
(c) guarantee the repayment of the principal of and the payment of interest on, means given by a Co-operative Bank to a society;
(d) guarantee the repayment of the principal of, and payment of interest on, loans and advances given by the Reser
The provisions of sections 52 to 62 (both inclusive) in this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force,
(1) No part of the funds or assets of a society, other than the dividend equalisation fund, if any, and the net profits thereof, shall be paid by way of rebate or dividend or otherwise distributed, to its members:
Provided that in the case of a member, who is also a salaried servant of the society payment on such scale as may be laid down by the bye-laws may be made to him for work done as such servant.
(2) No honorarium shall be paid out of the funds and assets of a society, other than the net profits and such honorarium shall not exceed the prescribed limit.
(1) A society earning profit, shall calculate its annual net profits by deducting from the gross profits for the year, all accrued interest which is overdue for more than six months, establishment charges, contributions, if any, towards the provident fund and gratuity fund of its employees, interest payable on loan and deposits, audit fees, working expenses including repairs, rents, taxes and depreciation, and after providing for or writing off bad debts and losses not adjusted against any fund created out of profits. A Society may, however, add to the net profits for the year, interest accrued in the preceding years, but actually recovered during the year. The net profits thus arrived at together with the amount of profits brought forwarded from the previous year shall be available for appropriation.
(2) A society may appropriate its profits to its reserve fund or any other fund c
(1) Every society which does, or can, derive a profit from its transactions, shall maintain a reserve fund.
(2) Atleast one-fourth of the net profits of the society each year, shall be carried to the reserve fund; and such reserve fund may be used in the business of the society or may, subject to the provisions of section 71, be invested, as the State Government may by general or special order direct, or may, with the previous sanction of the State Government, be used in part for some public purpose likely to promote the objects of this Act, or for some such purpose of the State, or of local interest :
Provided that if the Registrar is satisfied that financial condition of the society is such that it is unable to carry to its reserve fund an amount upto the aforesaid limit of one-fourth of its net profits, he may by order in writing for
No society shall pay a dividend to its members at a rate1[exceeding 12 per cent.].
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1. These words and figures were substituted for the words and figure "exceeding 9 percent" by Guj. 8 of 1978, s. 2.
1[69. Contribution to Education Fund of Gujarat State Co-operative Union
(1) Every society shall contribute every year to the education fund of the Gujarat State Co-operative Union a sum equal to such percentage not exceeding one percentage of its income, as may be prescribed and different percentages may be prescribed for different classes of societies, having regard to financial condition of such class of societies.
(2) Every society shall pay its contribution to the said fund, within two months from the date on which its accounts are adopted by the general body of members at its annual general meeting. Any officer wilfully failing to comply with the requirement of this section shall be personally liable for making good the amount to the Gujarat State Co-operative Union.
Explanation.--In thi
After providing for the reserve fund as provided in section 67 and for the educational fund as provided in section 69, a society may set aside a sum not exceeding twenty per cent. of its net profits, and utilise from time to time, with the approval-
(a) of the Gujarat State Co-operative Union, if the society operates in more than one district, and
(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.
(1) A society may invest, or deposit its fund,--
(a) in a Central Bank, or the State Co-operative Bank,
(b) in the State Bank of India,
(c) in the Postal Savings Bank,
(d) in any of the securities specified in section 20 of the Indian Trusts Act, 1882(II of 1882),
(e) in shares, or security bonds, or debentures, issued by any other society with limited liability, or
(f) in any co-operative bank or in any banking company approved for this purpose by the Registrar, and on such conditions as the Registrar may from time to time impose,
(g) in any other mode permitted by the rules, or by general or special order of the St
(1) Any society may establish for its employees a provident fund, into which shall be paid the contributions made by its employees and by the society. Such provident fund shall not be used in the business of the society, nor shall it form part of the assets, of the society; but shall be invested under the provisions of section 71 and shall be administered in the prescribed manner.
(2) Notwithstanding anything contained in sub-section (1) a provident fund established by a society to which the Employees' Provident funds Act, 1952, is applicable, shall be governed by that Act.
Subject to the provisions in this Act and the rules, the final authority of every society shall vest in the general body of members in general meeting, summoned in such a manner as may be specified in the bye-laws :
Provided that, where the bye-laws of a society provide for the election of delegates of such members, the final authority may vest in the delegates of such members elected in the prescribed manner, and assembled in general meeting.
The management of every society shall vest in a committee, constituted in accordance with this Act, the rules and bye laws, which shall exercise such powers and perform such duties as may be conferred or imposed on it respectively by this Act, the rules and the bye-laws :
1[Provided that a Committee of a society falling in any of the categories mentioned in sub-section (1) of section 74C shall not be so constituted as to require a certain part or number, of its members to periodically retire by rotation and any bye-law of such society containing such provision shall with effect on and from the commencement of section 2 of the Gujarat Co-operative Societies (Amendment) Act, 1981(Guj. 6 of 1981) cease to be in force.]
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1. This proviso was added by Guj. 6 of 1981, s. 2.
1[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
(1) In this section "a designated officer" means the Chairman and the President, and includes any other officer of the society as may be declared by the State Government by notification in the Official Gazette, to be a designated officer, but does not include any officer appointed or nominated by the State Government or by the Registrar.
(2) No person shall, at the same time, be or continue to be, a designated officer of more than one society falling in Category I or Category II or2[Category III or Category IV] of the categories mentioned below; and shall not be or continue to be a designated officer in more than two societies in the aggregate3[in the four categorie
1[(1) On the committee of such society or class of societies as the State Government may, by general or special order direct, two seats shall be reserved as follows, namely :--
(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
(b) one for the persons who are small farmers and marginal farm es.]
(2) Where any of such reserved seats is not filled by election or appointment the committee shall fill such seat by co-option of a member on the committee2[from amongst other members].
Explanation.--For the pur
(1) The election of the members of the committees and of the officers by the committee, of the societies of the categories mentioned below shall be subject to the provisions of Chapter XI-A and shall be conducted in the manner laid down by or under that Chapter:--
1[(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;]
(ii) all District Central Co-operative Banks;
(iii) all Primary Land Development Banks;
(iv) (a) all District Co-operative Sale and Purchase Organisations;
(b) all
1[74D. Appointment of custodian in certain circumstances
(1) Where in respect of any society including a society existing immediately before the commencement of the Gujarat Co-operative Societies (Amendment) Ordinance, 1982(Guj. ord. 1 of 1982) a new committee of management is, for any reason whatsoever, not elected or having been elected not functioning, within a period of six months after the expiry of the term of office of members of a committee of management of such society, (not being a committee referred to in section 80A) the Registrar may by an order in writing, appoint a person or a committee of persons to be the custodian of the society until a new committee of management is elected or, as the case may be, Starts functioning.
(2) The custodian so appointed shall, subject to the control of the Registrar and to such instructions
(1) On the election of a new committee and its Chairman, the retiring Chairman in whose place the new Chairman is elected shall hand over charge of the office of the committee and all papers and property, if any, of the society in possession of the committee or any officer thereof, to the new Chairman of the Committee.
(2) If the retiring Chairman fails or refuses to hand over charge or to hand over the papers and property of the society as aforesaid, the Registrar, or any person empowered by him in this behalf, may by order in writing direct him to forthwith hand over such charge and property and the Registrar may, on the retiring Chairman's failure to comply with such direction, make order for seizing the records and property and handing them over to the new Chairman, in the manner provided in section 83.
1[75A. Restriction on rates of sitting fees and travelling and daily allowances of members of Committee
Notwithstanding anything contained in the bye-laws of a society--
(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
(2) a member of a committee of a society shall, in relation to touring on public business be subject to such conditions 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.
Explanation.--For the purposes of this section "touring
The qualifications for the appointment of a manager, secretary, accountant or any other officer or employee of a society and the conditions of service of such officers and employees shall be such as may, from time to time, be prescribed :
Provided that no qualifications shall be prescribed in respect of any officer not in receipt of any remuneration.
1[76A. Appointment or removal of Managing Director or Chief Executive Officer to be approved
(1) No Managing Director or Chief Executive Officer of such society or a society falling within such class of societies as the State Government may, by notification in the Official Gazette, specify (hereinafter in this section referred to as "the notified society"), or person exercising the powers and performing the functions and duties of the Managing Director or Chief Executive Officer of such notified society by whatever designation known, shall be appointed or removed by such notified society except with the previous approval of the Registrar.
(2) Any appointment or removal of a Managing Director or a Chief Executive Officer or a person exercising the powers and performing the functions and duties of such Director or officer made without the
(1) If, in the opinion of the Registrar, any officer makes persistent default or is negligent in performance of the duties imposed on him by this Act or the rules or the bye-laws or does anything which is prejudicial to the interests of the society or where he stands disqualified by or under this Act, the Registrar may, after giving the officer an opportunity of being heard, by order remove such officer and direct the society to elect or appoint a person or a qualified member in the vacancy caused by such removal and the officer so elected or appointed shall hold office so long only as the officer in whose place he is elected or appointed would have held if the vacancy had not occurred.
(2) The Registrar may, by order, direct that the officer so removed shall be disqualified to hold or to contest election for any office in the society from which he is removed and in any other socie
(1) Every society shall, within a period of three months next after the date fixed for drawing up its accounts for the year under the rules for the time being in force, call a general meeting of its members :
Provided that, the Registrar may, by general or special order, extend the period for holding such meeting for a farther period not exceeding three months :
Provided further that, if in the opinion of the Registrar no such extension is necessary, or such meeting is not called by the society within the extended period, if any, the Registrar or any person authorised by him in that behalf may in the prescribed manner call such meeting which shall be deemed to be a general meeting duly called by the society.
(2) At every annual general meeting of a society, the committee shall lay before the s
(1) A special general meeting may be called at any time by a majority of the committee, and shall be called by the committee within one month-
(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
(ii) on a requisition from the Registrar, or
(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.
(2) Where any officer or a member of the committee, whose duty it was to call such meeting, without reasonable excuse, fails to call such meeting, the Registrar may by order declare such officer or member disqualified for being a member of the committee for su
(1) No act of a society or a committee or any officer, done in good faith in pursuance of the business of the society shall be deemed to be invalid by reason only of some defect subsequently discovered in the organisation of the society, or in the constitution of the committee, or in the appointment or election of an officer, or on the ground that such officer was disqualified for his office.
(2) No act done in good faith by any person appointed under this Act, the rules or bye-laws shall be invalid merely by reason of the fact that his appointment has been cancelled by or in consequence of any order subsequently passed thereunder.
(3) The Registrar shall decide whether any act was done in good faith in pursuance of the business of the society; and his decision thereon shall be final.
1[(1)] Where the State Government has subscribed to the share capital of a society, directly or through another society, or has guaranteed the repayment of the principal of and payment of interest on, debentures issued or loans raised by a society,2[the State Government shall, notwithstanding anything contained in the bye-laws of such society, have the right to nominate three representatives on the Committee of such society], in such manner as may be determined by the State Government from time to time. The members so nominated shall hold office during the pleasure of the State Government, or for such period as may be specified in the order by which they are appointed, and any such member on assuming office shall have all rights, duties, responsibilities and liabilities as if he were a member of the committee duly elected.
3[Explanation.--Any nomination of the Registrar or his nomi
1[80A. Extension of term of nominated committee or appointment of custodian
(1) Where on the expiry of the term of office of the members of any committee of management nominated by the State Government, or the Registrar, the State Government or, as the case may be, the Registrar is of the opinion that it is necessary or expedient so to do, it or he may, by an order published in the Official Gazette,--
(a) extend the term of office of the members of the said committee of the management; or
(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.
(2) Th
1 [81. Supersession of committee
(1) If in respect of a committee of a Society having the Registrar as its member, the State Government and in respect of a Committee of a Society which does not have the Registrar as its member, the Registrar, is of the opinion that the Committee--
(a) persistently makes default or, is negligent in the performance of the duties imposed on it by this Act or the rules or the bye-laws, or does anything which is prejudicial to the interest of the society or its members, or
(b) fails 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,
then subject to the rules the State Government or, as the case may be the Registrar may, after gi
(1) It shall be the duty of every society to keep the prescribed books of accounts with respect to all sums of money received and expended by the society, and the matters in respect of which the receipt and expenditure take place, all sales and purchases of goods by the,society, and the assets and liabilities of the society, and to furnish such statements and returns and such records to the Registrar as the Registrar may by order direct from time to time; and the officer or officers of the society shall be bound to comply with the order within the period specified therein.
(2) Where any society is required to take any action under this Act, the rules or the bye-laws, or in compliance with an order made under sub -section (1) and such action is not taken--
(a) within the time provided in this Act, the rules or the bye-laws, or the order,
1 [83. Registrar's power to seize records, etc.
(1) Where the Registrar is satisfied that the books and records of a society are likely to be suppressed, tampered with or destroyed or the funds and property of a society are likely to be mis-appropriated or mis-applied or the officer or the person in possession unreasonably refuses to give possession of the records, funds and property, the Registrar may issue an order directing the person duly authorised by him in writing to seize and take possession of such books and records, funds and property of the society, and the officer of the society responsible for the custody of such books, records, funds and property or person in possession of the same shall give delivery thereof forthwith to the person so authorised. If the officer of the society or person in possession does not so give the delivery, then, without prejudice to any other
(1) The Registrar shall audit, or cause to be audited by a person possessing prescribed qualifications and authorised by the Registrar by general or special order in writing in this behalf, the accounts of every society at least once in each year. The person so authorised shall be an auditor for the purposes of this Act.
(2) The audit under the foregoing sub-section shall include an examination of overdue debts, if any, the verification of the cash balance and securities, and a valuation of the assets and liabilities of the society.
(3) The Registrar or the auditor shall, for the purpose of audit, at all times have access to all the books, accounts, documents, papers, securities, cash and other properties belonging to, or in the custody of, the society, and may summon any person in possession or responsible for the custody of any such bo
If the result of the audit held under section 84 discloses any defects in the working of the society, the society shall within three months from the date of the audit report, explain to the Registrar the defects or the irregularities pointed out by the auditor, and take steps to rectify the defects and remedy irregularities, and report to the Registrar the action taken by it thereon. The Registrar may also make an order directing the society or its officers to take such action and within such time as may be specified therein to remedy the defects. Where the society concerned is a member of a federal society, such order shall be made after consulting the federal society.
(1) The Registrar may of his own motion himself, or by a person duly authorised by him in writing in this behalf, hold an inquiry into the constitution, working and financial conditions of a society.
(2) The Registrar shall hold such an inquiry--
(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 members, such member being itself a society, or
(b) on the application of a majority of the committee of a society, or
(c) on the application of one-third of the members of a society.
(3) (a) Every officer, member and past member of the society in respect of which an inquiry is held, and any other person who is in possession of infor
(1) On the application of a creditor of a society who,--
(a) satisfies the Registrar that the debt is a sum then due, and that he has demanded payment there of and has not received satisfaction within, reasonable time, and
(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 to inspect, the books of the society.
(2) The Registrar shall communicate the result of any such inspection to the applicant, and to the society whose books have been inspected.
(3) It shall be competent for the Registrar
1[88. Inspection of books by Registrar or Financing Bank or federal society
(1) (a) The Registrar or the person authorised by him in this behalf shall have the right to inspect the books of any society and shall have free access to the books, accounts, documents, securities, cash and other properties belonging to, or in the custody of, the society.
(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.
(2) Where a society is indebted to any co-operative financing bank, such bank shall have the right to inspect the books of that society. The inspection may be made eith
(1) Where in the course of an audit under section 84 or an inquiry under section 86 or an inspection under section 87 or section 88, it is brought to the notice of the Registrar that a paid officer or servant of a society has committed or has been otherwise responsible for misappropriation, breach of trust or other offence, in relation to the society, the Registrar may, if in his opinion, there is prima facie evidence against such paid officer or servant and the suspension of such paid officer or servant is necessary in the interest of the society, direct the committee of the society pending the investigation and disposal of the matter, to place or cause to be placed such paid officer or servant under suspension from such date and for such period as may be specified by him.
(2) On receipt of a direction from the Registrar under sub-section (1), the committee of the society shall, n
(1) The cost of an inquiry under section 86 or, as the case may be of an inspection under Section 87 shall be in the first instance from the Consolidated Fund of the State and shall be recovered in accordance with sub-section (2) and section 91.
(2) The Registrar shall determine the total amount of the cost referred to in sub-section (1) and by order apportion the cost or such part thereof as he may think just between the scioety, the members or creditors demanding the inquiry or inspection, the officers or former officers and the members or past members of the society
Provided that where a person has ceased to be a member on his death, the order of apportionment shall be made against his estate, if such person was liable for the costs :
Provided further that no order of apportionment of costs
Any sum imposed as penalty under sections 77, 78 or 86 or awarded by way of costs under section 90 may, on an application by the Registrar or a person authorised by him in that behalf to a Magistrate having jurisdiction in the place where the person from whom the penalty or costs are recoverable resides or carries his business, be recovered, by the Magistrate as if it were a fine imposed by himself; and such Magistrate shall proceed to recover the same in the mariner provided by the code of (criminal Procedure, 1898, for the recovery of fines.
(1) If the result of any inquiry held under section 86 or inspection made under section 87, discloses any defects in the constitution, working or financial condition or the books of a society, the Registrar may bring such defects to the notice, of the society. The Registrar may also make an order directing the society or its officers to take such action as may be specified in the order to remedy the defects, within the time specified therein.
(2) The society concerned may make an appeal against an order made by the Registrar under sub-section (1) to the State Government within two months from the date of the communication of the order to the society.
(3) The State Government may, in deciding the appeal, annual reverse, modify or confirm the order of the Registrar.
(4) Where the society fails t
(1) Where, in the course of or as a result of atv audit under section 84, or an inquiry raider section 86 or an inspection under section 87, or the winding up of a society, the Registrar is satisfied on the basis of the report made by the auditor or the person authorised to make inquiry under section 86, or the person authorised to inspect the books under section 87, or the Liquidator under section 110 that any person, who has taken any part in the organisation or management of the society or any deceased, or past or present officer of the society has, within a period of five years prior to the date of such audit, inquiry, inspection or order for winding up, misapplied or retained, or become liable or accountable for, any money or property of the society, or has been guilty of misfeasance or breach of trust in relation to the society, the Registrar or a person authorised by him in that behalf may investigate the conduct of su
The Registrar or the person authorised by him, when acting under section 86, 87 or 98 shall have the power to summon and enforce the attendance of any person to give evidence or to compel the production of any document or other material object by the same means and in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908.
(1) The State Government may constitute committees or recognise one or more co-operative federal societies in such manner as may be prescribed and subject to such conditions as the State Government may impose for the supervision, of a society or a class of societies and may frame rules for making grants to any such committee or federal society,
(2) The State Government may, by general or special order, require of a society or a class of societies to make contribution of such sum every year as may be fixed by the Registrar towards the recoupment of expenditure which the State Government or any person authorised or a committee in that behalf has incurred or is likely to incur, in respect of the supervision of societies.
(3) A society to which sub-section(2) is applicable shall pay to such authority such fee as may be prescribed within a re
(1) Notwithstanding anything contained in any other law for the time being in force, any dispute touching the constitution, management or business of a society shall be referred in the prescribed form either by any of the parties to the dispute, or by a federal society to which the society is affilia ted, or by a creditor of the society, to the Registrar, if the parties thereto are from amongst the following:--
(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;
(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
(1) Notwithstanding anything contained in the Indian Limitation Act, 1908(IX of 1908), but subject to the specific provisions made in this Act, the period of limitation in the case of a dispute referred to the Registrar under section 96 shall--
(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;
(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
(1) If the Registrar is satisfied that any matter, referred to him is a dispute, within the meaning of section 96 the Registrar shall, subject to the rules, decide the dispute himself, or refer it for disposal to a nominee, or a board of nominees, appointed by the Registrar:
Provided that no person who is connected with a dispute or with the society at any stage or has previously inspected the society or audited its accounts shall be appointed as a nominee or as member of the board of nominees to settle the dispute.
(2) Where any dispute is referred under sub-section (1) for decision to the Registrar's nominee or board of nominees, the Registrar may at any time, for reasons to be recorded in writing withdraw such dispute from his nominee, or board of nominees, and may decide the dispute himself, or refer it again for decision to any othe
(1) The Registrar, or his nominee or board of nominees, hearing a dispute under section 98 shall hear the dispute in the manner prescribed, and shall have power to summon and enforce attendance of witnesses including the parties interested or any of them and to compel them to give evidence, and to compel the production of documents by the same means and as far as possible in the same manner as provided in the case of a Civil Court by the Code of Civil Procedure, 1908(V of 1908).
(2) Except where a dispute involves complicated question of law or fact, no legal practitioner in his capacity as a legal practitioner or as person holding a power of attorney shall be permitted to appear on behalf of any party at the hearing of a dispute.
(3) (a) If the Registrar or his nominee or board of nominees is satisfied that a person, whether he be a mem
(1) Where a dispute has been referred to the Registrar or his nominee or board of nominees under section 98 or under section 110, or where the Registrar or the person authorised under section 93 hears a person against whom charges are framed under that section, the Registrar or his nominee or board of nominees, or as the case may be, the person so authorised under section 93 if satisfied on enquiry or otherwise that a party to such dispute or against whom proceedings are pending under section 93 with intent to defeat, delay or obstruct the execution of any award or the carrying out of any order that may be made,--
(a) is about to dispose of whole or any part of his property, or
(b) is about to remove the whole or any part of his property from the jurisdiction of the Registrar,
may, unless adeq
1[(1)] When a dispute is referred to the Registrar for decision, he or his nominee or board of nominees may, after giving a reasonable opportunity to the parties to the dispute to 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 fees and expenses payable to the Registrar or his nominee or, as the case may be, board of nominees. Such an award shall not be invalid merely on the ground that it was made after the expiry of the period fixed by the Registrar, for deciding the dispute and shall, subject to appeal or review or revision, be binding on the parties to the dispute.
2[(2) The Registrar, his nominee or, as the case may be, the board of nominees, may before hearing the parties, require any party or parties to such dispute to deposit such sum as may, in his or its opinion, be considered reaso
Any party aggrieved by any decision of the Registrar or his nominee or board of nominees under section 101 or in an order passed under section 100 may, within two months from the date of the decision or order, appeal to the Tribunal,
Every order passed by the Registrar or a person authorised by him under section 93, or by the Registrar, his nominee or board of nominees under section 100 or 101, every order passed in appeal under section 102, every order passed by a Liquidator under section 110, every order passed by the State Government in appeal against orders passed under section 110, and every order passed in revision under section 155, shall ,if not carried out,--
(a) on a certificate signed by the Registrar or a Liquidator, be deemed, to be a decree of a Civil Court, as denned in clause (2) of section 2 of the Code of Civil Procedure, 1908(V of 1908) and shall, be executed in the same mannas as a decree of such Court, or
(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 a
Any private transfer or delivery of, or encumbrance or charge on, property made or created after the issue of the certificate of the Registrar, Liquidator, or Assistant Registrar, as the case may be under section 103 shall be null and void as against the society on whose application the said certificate was issued.
(1) When in execution of an order sought to be executed under section 103 any property cannot be sold for want of buyers, if such property is in occupancy of the defaulter, or of some person in his behalf, or of such person claiming under a title created by the defaulter subsequently to the issue, of the certificate of the Registrar, liquidator or the Assistant Registrar, under clause (a) or (b) of section 103, the Court or the Collector or the Registrar, as the case may be, may direct that the said property or any portion thereof shall be transferred to the society which has, applied for the execution of the said order, in the manner prescribed.
(2) Where property is transferred to the society under sub-section (1), or is sold under the provisions of section 103, the court, the Collector or the Registrar, as the case may be, may, in accordance with the rules, place the society or
(1) Notwithstanding anything contained in sections 96, 98 and 103 on an application made by a society undertaking the financing of crops and seasonal finance as defined under the Bombay Agricultural Debtors Relief Act, 1947,1[or undertaking medium term finance] for the recovery of arrears of any sum advanced by it to any of its members on account of the2[financing of crops, seasonal finance or medium term finance] and on its furnishing a statement of accounts in respect of the arrears, the Registrar may, after making such inquiries as he deems fit, grant a certificate for the recovery of the amount stated therein to be due as arrears.
3[Explanation.--In this sub-section "medium term finance" means advancing of loans for any purpose of production relating to agriculture, fishery, animal husbandry and industry such loans being re payable otherwise than in the manner specified in the
(1) If the Registrar,--
(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
(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.
(c) of his own motion, in the case of a society which-
(i) has not commenced working, or
(ii) has ceased working, or
(iii) possesses shares of members' deposits not exceeding five hundred rupees, or
(iv) has ceased to comply with any conditions as to
(1) When an interim or final order is made under section 107 for the, winding up of a society, the Registrar may, in accordance with the rules appoint a Person to be the liquidator of, the society, and fix his remuneration.
(2) Where an interim order is made the officers of the society shall hand over to the liquidator the custody and control of all the property, effects and actionable claims to which the society is or appears to be entitled, and of all books, records and other documents pertaining to the business of the society and, shall have no access to any of them.
1[(3) When a final order is made confirming the Interim, order, the officers of the society--
(a) shall hand over to the liquidator the custody and control of any property, effects and actionable claims and any books, records,
(1) The committee, or any member, of the society ordered to be wound up, may within two months from the date of the communication to the society of the order made under section 107 appeal, if the order is made by the Registrar, Additional Registrar or Joint Registrar to the State Government, or if the order is made by any other person on whom the powers of the Registrar are conferred, to the Registrar:
Provided that no appeal shall lie against an order issued under sub-clause (i),(ii) or (iii) of clause (c) of sub-section (1) of section 107 :
Provided farther that, no appeal shall lie against an order passed by the Registrar on appeal,
(2) No appeal under this section shall be entertained from a member unless it is accompanied by such sum as security for the costs of hearing the appeal, as may
The Liquidator appointed under section 108 shall have power, subject to the rules and the general supervision, control and direction of ,the Registrar,
(a) to institute and defend suits and other legal proceedings, civil or criminal, on behalf of the society, in the name of his office;
(b) to carry on the business of the society, so far as may be necessary for the beneficial winding up of the same;
(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, of sell the same in parcels;
(d) to raise, on the security of the assets of the society, any money required;
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After the expiry of the period for appeal under section, 109 against the order made under sub-section (3) of section 107, or where the appeal has been dismissed, the order fox winding up shall be effective and shall operate in favour of all creditors and of all the contributories of the society, as if it has been made on the joint petition of creditors and contributories. When a winding up order becomes effective, the liquidator shall proceed to realise the assets of the society by sale or otherwise, and no dispute shall be commenced, or if pending at the date of the winding up order, be proceeded with, against the society, except by leave of the Registrar and subject to such terms as the Registrar may impose. The Registrar, may of his own motion, however, entertain or dispose of any dispute by or against the society.
Save as expressly provided in this Act, no Civil Court shall take cognizance of any matter connected with the winding up or dissolution of a society under this Act; and when a winding up order has been made no suit or other legal proceedings shall lie or be proceeded with against the society or the liquidator, except by leave of the Registrar, and subject, to such terms as he may impose.
Provided that where the winding up order is cancelled, the provisions of this section shall cease to operate so far as the liability of the society and of the members thereof to be sued is concerned, but they shall continue to apply to the person who acted as liquidator.
(1) The liquidator shall, during his tenure of office, at such times as may be prescribed, but not less than twice each year, present to the Registrar an account in the prescribed, form of his receipts and payments as liquidator. The Registrar shall cause the accounts to be audited in such manner as he thinks fit; and for the purpose of audit, the liquidator shall furnish the Registrar with such vouchers and information as he, or the person appointed by him, may require.
(2) The liquidator shall cause a summary of audited accounts to be prepared, and shall send a copy of such summary to every contributory.
(3)The liquidator shall pay such fees as the Registrar may direct, for the audit of the accounts of books kept by him in the manner prescribed.
(4) The liquidator shall be held liable for an
(1) The winding up proceedings of a society shall be closed within three years from the date of the order of the winding up, unless the period is extended by the Registrar
Provided that, the Registrar shall not grant any extention for a period exceeding one year at a time and four years in the aggregate, and shall, immediately after the expiry of seven years from the date of the order for winding up of the society, deem that the liquidation proceedings have been terminated, and pass an order terminating the liquidation proceedings.
Explanation.--In the case of a society which is under liquidation at the date of the commencement of this Act, an order for the winding up of the society shall be deemed for the purpose of this section to have been passed on the said date.
(2) Notwithstanding anythi
Any surplus assets, as shown in the final report of the liquidator of a society which has been wound up, shall not be divided, amongst its members but shall be devoted to any object or objects provided in the bye-laws of the society, if they specify that such a surplus shall be utilised for the particular purpose. Where the society has no such byelaw, the surplus shall vest in the Registrar, who shall hold it in trust and shall transfer it to the reserve fund of a new society registered with a similar object, and serving more or less an area which the society to which the surplus belonged was serving :
Provided that, Where no such society exists or is registered within three years of the cancellation of the registration of the society whose surplus is vested in the Registrar, the Registrar may distribute the surplus in the manner he thinks best, among any or all of the following :-
Notwithstanding anything contained in this Act, in the case of an insured co-operative bank,--
(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 ;
(2) an order for the winding up of the bank shall be made by the Registrar if so required by the Reserve Bank of India in the circumstances referred to in section 131) of the Deposit Insurance Corporation Act, 1961(Act 47 of 1961);
(3) if so required by the Reserve Bank of India in the public interest or for preventing the affairs of the bank being conducted in a manner detrimental to the interests of the depositors or for securing the prope
116. Application of Chapter to certain 1 [Land Development Banks]
This Chapter shall apply to 1 [Land Development Banks] advancing loans, other than short term loans, for the purposes herein enumerated that is to any--
2 [(i) improvement and development of agriculture and productive purposes;]
(ii) the erection, rebuilding or repairing of houses for agricultural purposes ;
(iii) the purchase or acquisition of title to agricultural lands by tenant purchasers or tenants under the Bombay Tenancy and Agricultural Lands Act, 1948, or any corresponding law for the time being in force in any part of the State ;3 *
(iv) the liquidation of debt under the Bombay Agricultural Debtors Relief Act, 1947, or any corresp
In this Chapter unless the contet otherwise requires,--
1(1) ["Land Development Bank"] means a Co-operative Bank registered or deemed to be registered under this Act, and to which this Chapter applies;
(2)2["Primary Land Development Bank"] means a1[Land Development Bank] recognised as 2[Primary Land Development Bank] by the Registrar,
(3)3["State Land Development Bank"] means a1[Land Development Bank] for the whole of the State of Gujarat and recognised as such by the Registrar.
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1. These words were substituted for the words "Land Mortgage Bank', Guj. 24 of 1964,s. 2.
2. These words were substituted for the words "Primary Land Mortgage Bank"
(1) The Registrar or where the State Government appoints any other person in this behalf, such person, shall be the Trustee for the purpose of securing the fulfilment of the obligations of the1[State Land Development Bank] to the holders of debentures issued by the1[State Land Development Bank].
(2) The Trustee shall be a corporation sole, by the name of the Trustee for the debentures in respect of which he is appointed and, as such, shall have perpetual succession and a common seal, and in his corporate name may sue and be sued.
(3) The powers and functions of the Trustee shall be governed by the provisions of this Act, and the instrument of trust executed between the1[State Land Development Bank] and the Trustee, as modified from, time to time by mutual agreement between the1[state Land Development Bank] and the Trustee.
(1) With the previous sanction of the State Government and the Trustee and subject to the rules, the1[State Land Development Bank] in the discharge of its functions issue debentures of such denominations, for such period, and at such rates of interest, as it may deem expedient on the security of the mortgages, or mortgages to be acquired or partly on mortgages held and partly on those to be acquired and properties and other assets of its land mortgage business.
(2) Every debenture may contain a term fixing a period not exceeding thirty years from the date of issue during which it shall be redeemable, or reserving to the committee the right to redeem at any time in advance of the date fixed for redemption after giving to the holder of the debenture not less than three months' notice in writing.
(3) The total amount due on debentures issue
The principal of, and interest on, the debentures issued under section 119 shall, to such maximum amount as may be fixed by the State Government and subject to such conditions as the State Government may think fit to impose, carry the guarantee of the State Government.
Upon the issue of debentures under the provisions of section 119, the mortgaged properties and other assets referred to in sub-section (3) of section 119 held by the1[state Land Development Bank] shall vest in the Trustee; and the holders of debentures shall have a floating charge on all such mortgages and assets, and on the amount, paid under such mortgages and remaining in the hands of the 1[State Land Development Bank] or of the Trustee.
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1. These words were substituted for the words "State Land Mortgage Bank", Guj. 24 of 1964, s. 2.
(1) A mortgage executed in favour of a1[land development bank] shall have priority over any claim of the Government arising from a loan granted after the execution of the mortgage under the Land Improvement Loans Act, 1883(XIX of 1883), or the Agriculturists' Loans Act, 1884(XII of 1884) or any other law for the time being in force.
(2) Notwithstanding anything contained in the Bombay Tenancy and Agricultural Lands Act, 1948(Bom. XLVII of 1948), or any other corresponding law for the time being in force, where a mortgage in favour of a1[land development bank] is in respect of land in which a tenant has an interest, the mortgage may be against the security of such interest, and the lights of the mortgagee shall not be affected by the failure of the tenant to Comply with the requirement of such law, and the sale of the land and tenant's interest therein under such law shall be subjec
A written order by the1[Land Development Bank], or persons or committees authorised under the bye-laws of the Bank to make loans for all or any of the purposes specified in section 116 granting either before or after the commencement of this Act, a loan to or with the consent of a person mentioned therein, for the purpose of carrying out the work specified therein, for the benefit of the land or for the productive purpose specified therein, shall for the purposes of this Act be conclusive of the following matters that is to say,--
(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;
(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
124. Mortgages executed in favour of1[Primary Land Development Banks] to stand vested in2[State Land Development Bank]
The mortgages executed in favour of, and all other assets transferred to a3[Primary Land Development Bank] by the members thereof shall, with effect from the date of such execution or transfer, be deemed to have been transferred by it to the2[State Land Development Bank] and shall vest in the2[state Land Development Bank].
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1. These words were substituted for the words "Primary Land Mortgage Banks", by Guj 24 of 1964, s. 2.
2. These words were substituted for the words "State Land Mortgage Bank", Guj 24 of 1964,
3. These words were substituted for the words "Primary
125. Registration of Mortgage in favour of 1[Land Development Banks
Notwithstanding anything contained in the Indian Registration Act, 1908(XVI of 1908) it shall not be necessary to register mortgages executed in favour of the1[Land Development Banks], provided that the2[Land Development Bank] concerned sends within such time and in such manner as may be prescribed, a copy of the instrument whereby immovable property is mortgaged for the purpose of securing repayment of the loan to the Registering Officer within the local limits of whose jurisdiction the whole or any part of the property mortgaged is situate. Such Registering Officer shall file a copy or copies as the case may be in his Book No. 1 prescribed under section 51 of the Indian Registration Act, 1908(XVI of 1908).
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Notwithstanding anything contained in the Presidency-Towns Insolvency Act, 1909(III of 1909) or the Provincial Insolvency Act, 1920(V of 1920) or any corresponding law for the time being in force, a mortgage, executed in favour of a1[land development bank] shall not be called in question on the ground that it was not executed in good faith for valuable consideration, or on the ground that it was executed in order to give the bank a preference over other creditors of the mortgagor.
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1. These words were substituted for the words " Land Mortgage Bank", Guj 24 of 1964, s. 2.
127. Right of1[land development bank] to pay prior debts of mortgagor
(1) Where a mortgage is executed in favour of a1[land development bank] for payment of prior debts of the mortgagor ,the1[land development bank] shall, notwithstanding anything contained in Transfer of Property Act, 1882(IV of 1882), by notice in writing, require any person to whom any such debt is due, to receive payment of such debt or part thereof from the bank at its registered office, within such period as may be specified in the notice.
(2) Where any such person fails to accept such notice or, to receive such payments, such debts or part thereof, as the can may be, shall cease to carry interest from the expiry of the period specified in the notice :
Provided that, where there is a dispute as regards the amount of any s
(1) Where a mortgage (other than a mortgage to which sub-section (2) applies) executed in favour of a1[land development bank] either before or after the comencement of this Act, is called in question on the ground that it was executed by the manager of a joint Hindu family for a purpose not binding on the members thereof whether such members have attained majority or not the burden of proving the same shall, notwithstanding any law to the contrary, lie on the party raising it.
(2) A mortgage executed in favour of a1[land development bank] or the2[State Land Development Bank] by the manager of a joint Hindu family in respect of a loan advanced by such bank for the improvement of agricultural land or of the methods of cultivation, or for financing any other means to raise the productivity of the land, or for the purchase of land, shall be binding on every member of such joint Hindu f
(1) Notwithstanding anything contained in the Transfer of Property Act, 1882(V of 1982), or any other law for the time being in force, no mortgage of property mortgaged to a1[land development bank], shall, except with the prior consent in writing pf the bank and subject to such trems and conditions as the bank may impose, lease or create any tenancy rights on any such property :
Provided that, the rights of the bank shall be enforceable against the lessee or the tenants, as the case may be, as if he himself was a mortgagor.
(2) Where land mortgaged with possession to a1[land development bank], is in actual possession of a tenant, the mortgagor or the mortgage bank shall give notice to the tenant to pay rent to the bank during the currency of the lease and the mortgage, and on such notice being given, the tenant shall be deemed to have at
130. Section 8 of Act XXXII of 1956 to apply to mortgages to1[Land Development Banks], Subject to certain modifications
Section 8 of the Hindu Minority and Guardianship Act, 1956(XXXII of 1956), shall apply to mortgages in favour of a2[Land Development Bank], subject to the modification that any reference to the Court therein shall be con trued as reference to the Collector or his nominee, and the appeal against the order of the Collector or his nominee shall be lie to the Commissioner.
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1. These words were substituted for the words 'land Mortgage Banks",Guj 24 of 1964,s. 2.
2. These words were substituted for the words "Land Mortgage Bank", Guj. 24 of 1964, s. 2..
131. Power of1[Primary land development bank] to receive money and give discharge
Notwithstanding anything contained in section 124, all moneys due under the mortgage shall, unless otherwise directed by the2[State Land Development Bank], or the Trustee and communicated to the mortgagor, be payable by the mortgagor to the1[Primary Land Development Bank] and such payment shall be as valid as if the mortgage had not been so transferred under that section and the1[Primary Land Development Bank] shall in the absence of any specific direction to the contrary issued by the2[State Land Development Bank] or the Trustee and communicated to it be entitled to sue on the mortgage or take any other proceeding for the recovery of the moneys due under the mortgage.
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1. These words were s
132. Power of1[land development bank] where mortgaged property is destroyed or security becomes insufficient
(1) Where any property mortgaged to a1[land development bank] is wholly or partially destroyed, or the security is rendered insufficient for any other reason, and the mortgagor, having been, given a reasonable opportunity by the bank of providing further security enough to render the whole security sufficient, or of repaying such partion of the loan as may be determined by the bank, has failed to provide such security or to repay such portion of the loan, the whole of the loan shall be deemed to fall due at-once, and the bank shall be entitled to take action against the mortgagor under section 133 or section 134 for the recovery thereof.
(2) A security shall be deemed insufficient within the meaning of this section, unless the val
(1) If any instalment payable under a mortgage executed in favour of a1[land development bank], or any part of such instalment, has remained unpaid for more than one month from the date on which it fell due, the committee of such bank may, in addition to any other remedy available to the bank, apply to the Registrar for the recovery of such instalments or part thereof by distraint and sale of the produce of the mortgaged land, including thestanding crops thereon.
(2) On receipt of such application the Registrar may, notwithstanding anything contained in the Transfer of Property Act, 1882, take action in the manner prescribed for the purpose of distraining and selling such produce subject to the prior charge of the society :
Provided that, no distraint shall be made after the expiry of twelve months from the date on which the instalment f
(1) Notwithstanding anything contained in the Transfer of Property Act, 1882(IV of 1982), the1[land development bank] or any person possessing the prescri bed qualifications and authorised by the bank in this behalf shall, in case of default in payment of the mortgage money or any part thereof have power, in addition to any other remedy available to the bank to bring the mortgaged property to sale by public auction in the village in which the mortgaged property is situated or at the nearest placed of public resort, without the intervention of the Court. Such sale shall be effected in accordance with the prescribed procedure.
(2) No power under sub-section (1) shall be exercised, unless and until--
(a) notice in writing requiring payment of such mortgage money or part thereof has been served upon--
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(1) Notwithstanding anything contained in any law for the time being in force, it shall be lawful for a1[land develodent Bank] to purchase any mortgaged property sold under this Chapter and the property so purchased may be disposed of by such bank by sale within such period as may be fixed by the Trustee subject to the condition that such sales shall be in favour only of agriculturists eligible to hold land under the Bombay Tenancy and Agricultural Lands Act, 1948(Bom LXVIII of 1948), or any corresponding law for the time being in force, or may be leased out by them on such terms and conditions as may be laid down by the State Government from time to time.
(2) Nothing in any law for the time being in force fixing a maximum limit of agricultural holdings, shall apply to the acquisition of land by a 1[land development bank] under this section.
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(1) On effecting a sale under section 134, the1[Primary Land Development Bank] shall in the prescribed manner, submit to the2[State Land Development Bank] and the Registrar a report setting forth the manner in which the sale has been effected and the result of the sale, and the2[state Land Development Bank] may, with the approval of the Registrar, confirm the sale or cancel it.
(2) Where the sale is effected by the2[State Land Development Bank] or the Trustee under section 134, the2[State Land Development Bank] or the Trustee, as the case may be, shall in the prescribed manner, submit to the Registrar a report setting forth the manner in which the sale has been effected and result of the sale, and the Registrar may confirm or cancel the sale :
Provided that where the Registrar is the Trustee, he shall submit such, report to the State Gov
The proceeds of every sale effected under section 134 and confirmed under section 136, shall be applied first in payment of all costs, charges and expenses incurred in connection with the sale or attempted sales, secondly in payment of the interest due on account of the mortgage in consequence whereof the mortgaged property was sold, and thirdly in payment of the principal due on account of the mortgage including costs and charges incidental to the recovery. If there remains any residue from the proceeds of sale, the same shall be paid to the person proving himself interested in the property sold, or if there are more such persons than one, then to such persons upon their joint receipt or according to their respective interest therein, as may be determined by the1[land development bank] :
Provided that, before any such payments are made--
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(1) Where a sale of mortgaged property has become absolute under section 136 and the sale proceeds have been received in full by the1[land development bank], the bank shall grant a certificate to the purchaser, in the prescribed form Certifying the property sold, the sale price, the date of its sale, the name of the person who at the time of the sale is declared to be the purchaser, and the date on which the sale became absolute; and upon the production of such certificate the Sub-Registrar appointed under the Indian Registration Act, 1908(XVI of 1908), within the limits of whose jurisdiction the whole or any part of the property specified in such certificate is situated, shall enter the contents of such, certificate in his register relating to immovable property.
(2) (a) Where the mortgaged property sold is in the occupancy of the mortgagor, or of some person on his behalf, or som
(1) Notwithstanding anything contained in sections 96 and 103, on an application made by a1[Land Development Bank] for, the recovery of arrears of any sum advanced by it to any of its members and on its furnishing a statement of accounts in respect of the arrears, the Registrar may, after making such enquiries as he deemed fit, grant a certificate for the recovery of the amount stated therein to be due as arrears.
(2) A certificate by the Registrar under sub-section (1) shall be final and conclusive as to the arrears due. The arrears stated to be due therein shall be recoverable according to the law for the time being in force for the recovery of arrears of land revenue.
(3) It shall be lawful for the Collector to take precautionary measures authorised by sections 140 to 144 of the Land Revenue Code, until the arrears due to the1[Land De
(1) During such period as the State Government may by general or special order notify in the Official Gazette, it shall be competent for the Collector, on application being made to him in that behalf by a1[Land Development Bank], to recover, all sums due to the1[Land Development Bank] (including the cost of such recovery).
(2) Any amount due to a1[Land Development Bank] shall be recoverable by the Collector, or any officer specially authorised by the Collector in this behalf, in all or any of the following modes, namely:
(a) from the borrower-as if they were arrears of land revenue due by him;
(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 ;
(c) from a suret
(1) It shall be competent for the State Government to constitute one or more Guarantee Funds on such, terms and conditions as it may deem fit, for the purpose of meeting losses that might arise as a result of loans being made by the1[Land Development Banks] on titles to immovable property subsequently found to be defective or for any other purpose under this Chapter, for which in the opinion of the State Government, it is necessary to provide for or create a separate Guarantee Fund.
(2) The2[State Land Development Bank] and the3[Primary Land Development Bank] shall contribute to such funds at such rate as may be prescribed, and the constitution, maintenance and utilisation of such funds shall be governed by such rules, as may be made by the State Government in this behalf.
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Notwithstanding anything contained in this Chapter, where a loan is given by the1[Land Development Bank] to a Co-operative Society for undertking any work or development of agriculture on condition that, the members of such society are jointly and severally liable to the Bank for the payment of the whole amount and an agreement to that effect is entered with and signed by each of such members in the presence of an officer authorised in that behalf by the Registrar that agreement shall be conclusive evidence of the portion of that amount which each of the members is bound to contribute and against which he had mortgaged his lands or a portion of the lands by executing a separate mortgage deed with the Bank.
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1. These words were substituted for the words "Land Mortgage bank", by Guj. 24 of 1964, s.2.
(1) Notwithstanding anything contained in the Indian Registration Act, 1908(XVI of 1908), it shall not be necessary for any officer of a1[land development bank] to appear in person or by agent at any registration office in any proceedings connected with the registration of any instrument executed by him in his official capacity, or to sign as provided in section 58 of that Act.
(2) Where any instrument is so executed, the Registering Officer to whom such instrument is presented for registration may, if he thinks fit, refer, to such officer for information respecting the same and, on being satisfied of the execution thereof, shall register the instrument.
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1. These words were substituted for the words "land mortgage bank" by Guj. 34 of 1964, s.2.
1[143A. Transfer of rights and liabilities of Government in respect of schemes sanctioned under Bom. XXXVII of 1942
(1) Where any works, included in a land improvement scheme which has come into force under the Bombay Land Improvement Schemes Act, 1942(Bom.XXXVIII of 1942) are carried out at the cost or part cost of the State Government, and such cost or part of cost is to be recovered from the owners of the lands (other than Government) included in the scheme as shown in the statement prepared under section 13 or in the interim or final statement prepared under section 13A of that Act, then, notwithstanding anything contained in this Act, all the rights and liabilities of the State Government for the recovery of the cost or part cost from the owners of land shall stand transferred to the State Land Development Bank, in relation to such owners of land, and subject to such terms and
The provisions of sections 102 and 103 of the Transfer of Property Act, 1882(IV of 1882), and of any rules made under section 104 thereof, shall apply, so far as may be, in respect of all notices to be served under this Chapter.
At any sale of movable or immovable property, held under the provisions of this chapter no officer or employee of a1[land development bank] except on behalf of the bank of which he is an officer or an employee, and no person having any duty to perform in connection with such sale, shall either directly or indirectly bid for or acquire or attempt to acquire any interest in such property
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1. These words were substituted for the words "land mortgage bank" by Guj. 24 of 1964, s. 2.
All sections of this Chapter except section1[145Z] shall apply to elections to committees of societies belonging to the categories specified in section 74C.
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1. These figures and letter were substituted for the figures and letter "145Z" by Guj. 23 of 1982, s. 27.
In this Chapter, unless the context otherwise requires,--
(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 ;
(b) "election" means election of a member or mambers of the committee of a specified society ; ,
(c) "specified society" means a society belonging to any of the categories specified in section 74C.
Every election shall be held as far as possible one month before the date on which the term of office of the members is due to expire.
(1) Save as otherwise provided, every election shall be held on such date or dates as the Collector may fix, and shall be conducted under his control by such Returning Officer and other Officers, as may be appointed by the Collector in this behalf.
(2) In all cases, where a society has to send a nominee as a member of the committee of the specified society, the election of such nominee shall be conducted under the control of the Collector of the District in which the registered office of the society sending the nominee is situated.
(3) The voting at every election shall be by secret ballot.
(4) No election shall be held in the case where under the bye-laws of a specified society the Government nominee or the nominee of a Financing Agency becomes a member of the committee of the society.
(1) The expenses of the holding of any, election, including the payment of travelling allowances, daily allowances and other remuneration, if any, to the persons appointed to exercise the powers and perform, the duties in, respect of the election, shall be borne by the specified society concerned.
(2) (a) The Collector may, by written requisition, call upon a specified society to deposit with him such amount as he considers necessary to meet with the expenditure likely to be incurred for the conduct of the election.
(b) within eight days from the receipt of such, requisition from the, Collector, the society shall deposit the specified amount with Collector.
(3) (a) The Collector shall maintain, an account of expenses incurred in connection, with the election.
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(1) A person shall be disqualified for being elected, as, and for being a member of the committee of any specified society--
(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, excep 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 ;
(b) if he has been convicted of an offence punishable under section 153A or section 171E or section 171F or sub-section (2) or sub-section (3) of section 505 of the Indian Penal Code, or under section 145R or clause (a) of sub-section (2) of section 145S of this Act, unless a period of six years has elapsed since the date of his conviction ;
Account of election expenses maximum thereof and lodging of account.] Deleted by Guj. 23 of 1982, s. 28.
Disqualifications for failure to lodge account of election expenses.] Deleted by Guj. 23 of 1982, s. 28.
The State Government may, for reasons to be recorded, remove any disqualification under this Chapter or reduce the period of any such disqualification.
The following shall be deemed to be corrupt practices for the purposes of this Chapter :--
(1) "Bribery" that is to say
(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--
(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
(b) an elector to vote or refrain from voting at an election, or as a reward to--
(i) a person for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature; or
(1) every officer, clerk, agent or other person who perform any duty in connection with the recording or counting of votes at an election maintain, and aid in maintaining the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information, calculated to violate such secrecy.
(2) any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine, or with both.
(1) no person who is returning officer or an assistant Returning officer or a presiding or polling officer at election or an officer or clerk, appointed by the returning officer or the presiding officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid and no member of a Police Force, shall endeavor--
(a) to persuade any person to give his vote at an election, or
(b) to dissuade any person from giving his vote at an election, or
(c) to influence the voting of any person at an election in any manner.
(3) Any p
(1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred meters of the polling station, namely :--
(a) canvassing for votes; or
(b) soliciting the vote of any election; or
(c) persuading any elector not to vote for any particular candidate; or
(d) persuading any elector not to vote at the election; or
(e) exhibiting any notice or sign (other than an official notice) relating to the election.
(2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine whic
(1) No person, shall on the date or dates on which a poll is taken at any polling station,--
(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
(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 ons duty at the polling station.
(2) Any person who contravenes, or wilfully aids or abets the contravention of the
(1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful direction of the Presiding Officer may be removed form the polling station by the Presiding Officer or by any police officer on duty or by any person authorised in this behalf by such Presiding Officer.
(2) The powers conferred by Sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
(3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the Presiding Officer he shall on conviction, be punished with imprisonment for a term which may extend to three months or with fine or with both.
(4
If any person is guilty of any such corrupt practice as is specified in clause (3) or (4) of section. 145-j at or in connection with an election, he shall, on conviction, be punished with fine which may extend to one thousand rupees.
(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall, on conviction, be punished with, fine which may extend to five hundred rupees.
(2) An offence punishable under sub-section (1) shall be cognizable.
(3) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.
(4) The persons to whom this section applies are the Returning Officers, Assistant Returning Officers, Presiding Officers, Polling Officers and any other persons appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election; and the expression "official duty" shall for the
(1) Any person who at any election fraudulently takes, or attempts to take, a ballot paper out of a polling Station, or wilfully aids or abets the doing of any such act, shall on conviction, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.
(2) If the Presiding Officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer :
Provided that, when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
(1) A person shall be guilty of an electoral offence, if at any election he--
(a) fraudulently defaces or fraudulently destroys any nomination paper; or
(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of a Returning Officer ; or
(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
(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
(e) fraudulently puts into any ballot box anything
The provisions of section 149 shall apply to the offences under this Chapter, subject to the modifications that it shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of the first class to pass a sentence or fine on any person convicted of any offence under this Chapter in excess of his powers under section 29 of the Code of Criminal Procedure, 1973(2 of 1974) and that no prosecution for an offence punishable under this Chapter shall be lodged, except with the previous sanction of the Collector.
145U. Disputes relating to elections to be submitted to the1[Tribunal]
(1) Notwithstanding anything contained in section 96 or any other provisions of this Act, any dispute relating to an election shall be referred to the1[Tribunal].
(2) Such reference may be made by an aggrieved party by presenting an election petition to the1[Tribunal].
Provided that no such petition shall be made till after the final result. of the election is declared and where any such petition is made it shall not be admitted by the1[Tribunal] unless it is made within two months from the date of such declaration :
Provided further that, the1[Tribunal] may admit any petition after the expiry of that period, if the petitioner satisfies the2[Tribunal] that he had sufficient cause
A petitioner presenting an election petition under section 145U shall pay a deposit not exceeding Rs. 500 as the1[Tribunal] may direct to wards the costs for hearing the petition. Unless the petitioner deposits the same as aforesaid, the petition shall be summarily dismissed. Subject to such conditions as may be prescribed, at the time of deciding the petition, the2[Tirbunal] shall assess the costs of the hearing of the petition and shall require the petitioner or the respondents, or both as the case may be, to defray the whole or in such proportion as it thinks fit, the costs of the petition including the deposit so made. Such sum as the2[Tribunal] may assess as the cost to2[Tribunal] of hearing the petition (but not exceeding Rs. 500 in any case) shall be created to the Government.
______________________
1. This word was substituted fo
(1) An election petition shall--
(a) contain a concise statement of the material facts on which the petitioner relies;
(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
(c) be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 for the verification of pleadings :
Provided that, where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in a support of the allegation of such corrupt practice and the particulars thereof.
A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.
Without prejudice to any other power to make rules contained elsewhere in this Act, the State Government may make rules consistent with this Act generally to provide for and to, regulate all or any of the other matters relating to the various stages of the elections (including preparation of list of voters).
(1) This section shall apply only to election of officers by members of committees of societies belonging to the categories specified in section 74c.
(2) After the election of the members .of the committee, or whenever such election is due, the election of the officer or officers of any such society shall be held as provided in its bye-laws, but any meeting of the committee for this purpose shall be presided over by the Collector or an officer nominated by him in this behalf.]
(1) No person, other than a society registered, or deemed to be registered, under this Act, and a person or his successor in interest of any name or title or under which he traded or carried on business at the date on which this Act comes into force, shall without the sanction of the State Government, function, trade or carry on business under any name or title of which the word "co-operative", or its equivalent in any Indian Language, forms part.
(2) Every person contravening the provisions of sub-section (1) shall, on conviction, be punished with the fine which may extend to five hundred rupees.
(1) It shall be an offence under this Act, if--
(a) any person makes a declaration referred to in section 23 which he knows or has reason to believe to be false;
(b) any member of a society transfers any property or interest in property in contravention of sub-section (2) of section 18 or any person knowingly acquires, or abets the acquisition of, such property;
(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;
(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 ;
(e) any person, coll
(1) every employer, or officer, member, agent or servant, of a society, or any other person, who commits an offence under section 147 shall, on conviction, be punished,--
(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 ;
(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;
(c) if it is an offence 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 ;
(d) if it is an offence under claus
(1) No court inferior to that of a Presidency Magistrate or a Magistrate of the First class shall try any offence under this Act.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898(V of 1898), it shall be lawful for a Presidency Magistrate or a Magistrate of the First Class to pass a sentence of fine on any person convicted of an offence under clause (c) of sub-section (1) of section 147 as provided under section 148, in excess of his powers under section 32 of that Code.
(3) No prosecution under this Act shall be lodged, except with the previous sanction of the State Government in the case of an offence under clause (g) of sub-section (1) of section 147, and of the Registrar in the case of any other offence under this Act. Such sanction shall not be given, except after hearing the party concerned, by an offic
(1) The State Government shall constitute a Tribunal called the Gujarat State Co-operative Tribunal to exercise the functions conferred on the Tribunal by or under this Act.
(2) The Tribunal shall consist of a President, and not more than three other members possessing such qualifications as may be prescribed.
1[(2A) The State Government may terminate the appointment of any member of the Tribunal before the expiry of the term of his office if such member--
(a) is adjudged an insolvent, or
(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
(c) is or becomes in any way concerned or interested in any c
(1) The Tribunal may, either on the application of the Registrar, or on the application of any party interested, review its own order in any case, and pass in reference thereto such order as it thinks just :
Provided that, no such application made by the party interested shall be entertained, unless the Tribunal is satisfied that there has been discovery of new and important matter of evidence, which after the exercise of due diligence was not within the knowledge of the applicant or could not be produced by him at the time when its order was made, or that there has been some mistake or error apparent on the face of the record, or for any other sufficient reasons :
Provided further that, no such order shall be varied or revised, unless notice has been given to the parties interested to appear and be heard in support of such order,
&nb
(1) In exercising the functions conferred on it by or under this Act, the Tribunal shall have the same powers as are vested in a Court in respect of,-
(a) proof of facts by affidavit,
(b) summoning and enforcing the attendance of any person and examining him on oath ,
(c) compelling the production of documents, and
(d) issuing commissions for the examination of witnesses.
(2) In the case of any such affidavit, any officer appointed by the Tribunal in this behalf may administer the oath to the deponent.
(1) An appeal against an order or decision under sections 4, 9, 11, 13, 17, 19, 36, 81 and 160 shall lie,--
(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.
(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.
(2) An appeal against an order of a liquidator under section 110 shall lie--
(a) to the State Government if the order was made with the sanction or approval of the Registrar, and
(b) to the Registrar in any other case.
(3) An
In all cases in which it is provided, under this Act that an appeal may be filed against any decision or order within a specified period, the appellate authority may admit an appeal after the expiry of such period., if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within such period.
The State Government and the Registrar may call for and examine the record of any inquiry or the proceedings of any other matter of any officer subordinate to them, except those referred to in sub-section (9) of section 150, for the purpose of satisfying themselves as to the legality or propritey of any decision or order passed, and as to the regularity of the proceedings of such officer. If in any case, it appears to the State Government, or the Registrar, that any decision or order or proceedings so called for should be modified, annulled or reversed, the State Government or the Registrar, as the case may be may after giving persons affected thereby an opportunity of being heard pass such order thereon as it or he may deem just.
(1) There shall a Council to be called the Gujarat State Co-operative Council consisting of the following members, namely:--
(A) Chairman
(i) Minister in charge of the Department dealing with, co-operative societies in the State.
(B) Vice-Chairman
1[(ii) Minster 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 members ;]
2[Provided that during the operation of a Proclamation issued under clause (1) of article 356 of the Constitution, the
(1) Unless otherwise provided by this Act, all sums due from a society or from an officer or member or past member or a deceased member of a society as such to the Government, may be recovered as arrears of land revenue.
(2) Sums due from a society to the Government and recoverable under sub-section (1) may be recovered, firstly from the property of the society: secondly in the case of a society of which the liability of the members is limited, from the members or past members or from their estate if they have died, subject to the limit of their liability, and, thirdly, in the case of societies with unlimited liability from the members or past members or their estate, if they have died.
(3) The liability under this section shall in all cases be subject to the provisions of section 34.
Notwithstanding anything contained in the Transfer of Property Act, 1882(IV of 1882), and the Indian Registration Act, 1908(XVI of 1908), it shall be lawful for a member of a Co-operative Farming Society to transfer to the society any land, held by him or the whole or part of his interest in any land by an agreement and in such manner as may be prescribed.
(1) The Registrar or any officer subordinate to him and empowered by him in this behalf may, subject to such rules as may be made by the State Government but without prejudice to any other mode of recovery provided by or under this Act, recover---
(a) any amount due under a decree or order of a Civil Court obtained by a society,
(b) any amount due under a decision, award or order of the Registrar, his nominee or the board fo nominees or Liquidator or Tribunal,
(c) any sum awarded by way of costs under this Act,
(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 a
1[160. Registrar's powers to give direction
(1) If the Registrar of his own motion or otherwise is satisfied that in public interest or for the purposes of securing the proper implementation of co-operative production and other development programmes approved or undertaken by the State Government or for linking and co-ordinating of co-operative activities such as marketing and credit, or securing the proper management of the business of the society generally or preventing the affairs of the society being conducted in a manner detrimental to the interests of the members, or of the depositors or the creditors thereof, it is necessary to issue directions to any class of societies generally or to any society or societies in particular, he may issue directions to them, from time to time, and all societies or the society concerned, as the case may be, shall be bound to comply with such d
The State Government may, by general or special order, to be published in tie Official Gazette, exempt any society or class of societies from any of the provisions of this Act, or may direct that such provisions shall apply to such society or class of societies with such modifications not affecting the substance thereof as may be specified in the order :
Provided that, no order to the prejudice of any society shall be passed, without an opportunity being given to such society to represent its case.
The State Government may by notification in the (official Gazette and subject to such conditions, as it may think fit to impose, delegate --
(a) any power exercisable by it under this Act, except the power under sub-section (1) of section 153 and section 168 thereof to the Registrar;
(b) all or any of the powers 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.
(1) No society shall open a branch or a place of business outside the State of Gujarat, and no co-operative society registered under any law in any other State shall open a branch or a place of business in the State of Gujarat without the permission of the Registrar.
(2) Every co-operative society registered under any law in any other State, and permitted to open a branch or a place of business in the State of Gujarat under sub-section (1) or which has a branch or a place of business in the State of Gujarat at the commencement of this Act, shall, within three months from the date of the opening of such branch or place of business or from the date of the commencement of this Act, as the case may be, file with the Registrar a certified copy of the bye-laws and amendments and, if these be not in English a certified translation thereof in English or Hindi and shall submit to the Regist
The Registrar, a person exercising the powers of the Registrar, a person authorised to audit the accounts of a society under section 84, or to hold an inquiry under section 86, or to make an inspection under section 87, and a person appointed as an administrator under section 81, or as a nominee or board of nominees under section 98, or as a liquidator under section 108, and all members of the Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
No suit, prosecution or other legal proceedings shall lie against the Registrar, or any person subordinate to him or acting on his authority, in respect of anything in good faith done, or purported to be done1in pursuance of this Act or the rules made thereunder].
______________________
1. These words were substituted for the words "by or under this Act" by Guj. 23 of 1982,s.36.
(1) Save as expressly provided in this Act, no Civil or Revenue Court shall have any jurisdiction in respect of--
(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
(b) any dispute required to be referred to the Registrar, or his nominee, or board of nominees, for decision;
(c) any matter concerned with the winding up and dissolution of a society.
(2) While a society is being wound up, no suit or other legal proceeding relating to the business of such society shall be proceeded with or instituted against the society or any member thereof, or any matter touching the aff its of the society, except by leave of
Save as otherwise provided in this Act, no suit shall be instituted against a society, or any of its officers, in respect of any act touching the business of the society, until the expiration of two months next after notice in writing has been delivered to the Registrar or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims, and the plant shall contain a statement that such notice has been so delivered or left.
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may be made--
(a) for the whole or any part of the State of Gujarat and for any society or class of societies, and
(b) to provide for all matters expressly required or allowed by this Act to be prescribed by rules.
(3) The power to make rules conferred by this section, is subject to the condition, of the rules being made after previous publication.
(4) All rules made under this section, shall be laid, for not less than thirty days before the State Legislature as soon as possible after they a
(1) The Bombay Co-operative Societies Act, 1925(Bom. VII of 1925) (hereinafter referred to as" the said Act") is hereby repealed :
Provided that, the repeal shall not affect the previous operation of the said Act and anything done or action taken (including any appointment or delegation made, application or other document filed, certificate of registration grant-ed, agreement executed, notification., order, direction or notice issued, rule, regulation, form or bye-law framed or proceeding instituted before any Registrar, arbitrator, liquidator or tribunal or other officer, authority or person) by or under the provisions of the said Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue in force unless and until superseded by anything done or any action ta
For the removal of doubt, it is hereby declared that the provisions of the Companies Act, 1956, shall not apply to societies registered, or deemed to be registered under this Act,
1[SCHEDULE
(See section 74C)
Apex Societies
(1) The Gujarat State Co-operative Land Development Bank Limited, Ahmedabad.
(2) The Gujarat State Co-operative Bank Limited, Ahmedabad.
(3) The Gujarat State Co-operative Consumers Federation Limited, Ahmedabad.
(4) The Gujarat Pustakalaya Sahayak Sahakari Mandal Limited, Vadodara.
(5) The Gujarat State Co-operative Kheti Sangh Limited, Ahmedabad.
(6) The Gujarat State Poultry Farmers' Co-operative Federation Limited, Bharuch.
(7) The Gujarat State Co-operative Housing Finance Society
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