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MADHYA PRADESH CO-OPERATIVE SOCIETIES ACT, 1960
(1) This Act may be called The Madhya Pradesh Co-operative Societies Act, 1960.
(2) It extends to the whole of Madhya Pradesh.
(3) It shall come into force on such date1 as the State Government may, by notification, appoint.
In this Act, unless the context otherwise requires,--
(a) "Additional Registrar" means an Additional Registrar of Cooperative Societies appointed under Section 3;
1[(a-i) "Apex Society" means a society whose principal object is to provide facilities for the operation of other societies affiliated to it and whose area of operation extends to the whole State of Madhya Pradesh];
(b) "Assistant Registrar" means an Assistant Registrar of Co-operative Societies appointed under Section 3;
2[(b-i) "Area of operation" means the area from which the membership is drawn or as specified in the byelaws of the society;]
(c) "bye-laws" means the bye-laws registered or deemed to have been registered under this Act and for
Section 2 of the Madhya Pradesh Co-operative Societies Act, 1960, provides definitions crucial for interpreting the provisions of the Act. It lays down the key terms used throughout the legislation, thereby establishing the scope and application of various provisions related to cooperative societies in Madhya Pradesh.
Section 2 contains a series of definitions for terms such as "Apex Society," "Central Society," "Committee," "Member," "Officer," "Primary Society," "Representative," "State Co-operative Bank," and others. These definitions clarify the scope of the Act and categorize different types of societies and their components, ensuring uniform understanding and application of the law.
Section 2's scope is broad, as it provides the foundational terminology for the entire Act. It influences the interpretation of subsequent provisions, rules, and regulations. The definitions determine the applicability of the Act to various societies and clarify the roles and responsibilities of different stakeholders within the cooperative movement.
Section 2 itself does not prescribe any punishment. It functions as a definitional section, setting the stage for the application of penalties or sanctions under other sections of the Act for violations such as mismanagement, non-compliance, or fraudulent activities.
Note: The references are based on the provided sources, primarily focusing on the legal interpretations and implications of Section 2 of the Madhya Pradesh Co-operative Societies Act, 1960.
(1) The State Government shall appoint a person to be the Registrar of Co-operative Societies for the State and may appoint one or more officers of the following categories to assist him, namely:
(a) Additional Registrar of Co-operative Societies;
(b) Joint Registrar of Co-operative Societies;
(c) Deputy Registrar of Co-operative Societies;
(d) Assistant Registrar of Co-operative Societies;
(e) such other categories of officers as may be prescribed.
(2) The officers appointed to assist the Registrar shall, within such areas as the State Government may specify, exercise such powers and perform such duties conferred and imposed on the Registrar by or under this A
Subject to the provisions of this Act, a society which has as its objects the promotion of the economic interest of its members or their general welfare in accordance with co-operative principles or a society established with the object of facilitating the operations of such a society, may be registered under this Act.
A society may be registered with limited or unlimited liability :
Provided that unless the State Government by a general or special order otherwise directs, the liability of a society of which another society is a member shall be limited.
1[(1) No society, other than a society of which another society is a member, shall be registered under this Act unless it consists of at least 2 [twenty] persons competent to contract under Section 11 of the Indian Contract Act, 1872 (IX of 1872) and belonging to 2 [twenty] different families, not being near relations and, where the objects of the society include the creation of funds to be lent to its members, unless such persons, save where the Registrar by general or special order otherwise directs, reside in the same town or village or in a compact group of villages:
Provided that a society formed exclusively for the benefit of students may be registered, notwithstanding that the members of such society may not have attained the age of majority according to the law to which they are subject :
2[Provided further that the Registrar may
(1) For purposes of registration, an application to register a society 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 of which no other society is a member, by at least ten persons qualified in accordance with the requirements of Section 6; and
(b) in the case of a society of which a member is a registered society, by a duly authorized person on behalf of every such registered society and where all the members of the society are not registered societies, by ten other members, or when there are
1[Where in connection with the formation, registration or continuance of a society or the admission of a person as a member of a society any question arises whether a person is an agriculturist or not or whether any person resides in a particular area or not or whether any person belongs to any particular class or occupation or not or such other question pertaining to the eligibility of any person to become a member of a society, such question shall be decided by the Registrar and his decision shall be final].
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1. Substituted by M.P. Act No. 8 of 1970.
(1) If the Registrar is satisfied that a society has complied with the provisions of this Act and the rules and that its proposed bye-laws are not contrary to this Act or the rules, he may register the society and its bye-laws with such modifications as he may consider necessary :
Provided that no society shall be registered, if in the opinion of the Registrar, it is likely to be economically unsound or is likely to have an adverse effect upon any other society.
(2) Where the Registrar refuses to register a society or its bye-laws he shall communicate the order of refusal together with reasons therefore to the first signatory to the application.
1[(3) The Registrar shall take a decision within ninety days from the date of receipt of an application for registration of a society:
1[(1) The Registrar shall classify all societies under one or more of the following heads, namely:-
(i) Consumers' Society;
(ii) Farming Society;
(iii) Federal Society;
(iv) Central Society;
(v) Housing Society;
(vi) Marketing Society;
(vii) Multipurpose Society;
(viii) Producers' Society;
(ix) Processing Society;
(x) Resource Society;
(xi) General Society;
2[(xii) Industrial Society.]
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1[(1) No amendment of the bye-laws of a society shall be valid until the same has been registered under this Act, for which purpose four copies of the proposed amendment shall be forwarded in the prescribed manner to the Registrar.
(2) If the Registrar is satisfied that the proposed amendment is not contrary to this Act or the rules and is not against the aims and objects of the Society or any of its existing bye-laws, he may register the amendment.
2[(3) The Registrar shall not refuse to register an amendment of the byelaws without giving an opportunity to the applicant society, for being heard. If he decides to refuse to register an amendment, he shall communicate the order of refusal together with reasons therefore to the society within forty-five days from the date of receipt of the proposal :
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1[(1) Notwithstanding anything contained in this Act, or the rules or byelaws, on the request of more than fifty per cent of the members of the society or if the Registrar considers that an amendment of the byelaws of society is necessary or desirable in the interest of such society, he may, by an order in writing to be served on the society in the prescribed manner, require the society to make the amendment within sixty days.]
2[(2) If the society fails to make the amendment within the time specified by the Registrar, the Registrar may after giving the society an opportunity of being heard and after soliciting the opinion of such Apex Federal Society, as may be notified by the State Government, register such amendment and issue a certified copy thereof to such society:]
3[Provided that the provisions of this section shall not apply in t
A society may, by an amendment of its bye-laws, change its name, but such change shall not affect any right or obligation of the society, or of any of its members, or past members, or deceased members, or render defective any legal proceedings by or against the society, and any legal proceedings which might have been continued or commenced by or against the society by its new name.
1[(1) Where a society is registered or deemed to be registered under this Act, the Registrar shall issue a certificate of registration signed by him and such certificate shall be conclusive evidence that the society therein mentioned has been duly registered unless it is proved that the registration of the society has been subsequently cancelled :
Provided that where a society is deemed to be registered under this Act, the Registrar shall issue a certificate of registration with sixty days from the date on which it was deemed to be registered].
(2) No society shall commence business unless it has obtained a certificate of registration under sub-section (1) and every member of such society carrying on business in contravention of this sub-section shall be severally liable for all liabilities incurred in such business.
(1) Subject to the provisions of Section 11, a society may by an amendment of its bye-laws change its liability from limited to unlimited or from unlimited to limited.
(2) No such amendment shall be registered by the Registrar unless he is satisfied that-
(i) twenty-one days' notice has been given to every member of the society and to any person or class of persons whose interest may, in the opinion of the Registrar, be affected by the change; and (ii) with respect to every such member or person who, in the opinion of the Registrar, is entitled to notice-
(a) either his assent has been obtained to the change or is deemed to have been obtained by virtue of his failure to object within twenty one days from the date of the notice,
(b) if he objects-
(1) In this section-
(a) "affected society" means a society which decides to reorganize itself in any of the manners specified in sub-section (2); and
(b) "resulting society" means a society-
(i) which is formed as a result of amalgamation under clause (a) of sub-section (2); or
(ii) to which the assets and liabilities of the affected societies are transferred in whole or in part under clause (b) sub-section (2); or
(iii) which is formed as a result of division under clause (c) of sub-section (2); or
(iv) which is the result of change of class as provided in clause (d) of sub-section (2).
(2) A society may, by resolu
1[Any society may, enter into the collaboration with any Government Undertaking or any undertaking approved by the State Government for carrying on any specific business including industrial investment, financial aid or marketing and management expertise].
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1. Inserted by M.P. Act No. 12 of 1994 [w.e.f. 8-5-1994].
1[Any two or more societies may by resolution passed at general meeting by a majority of members present and voting in each such society enter into a contract of a partnership for carrying out any specific business permissible under the byelaws on such terms and conditions as may be mutually agreed upon. Where such partnership requires creation of a new organization, the participating society shall be its members.]
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1. Inserted by M.P. Act No. 12 of 1994 [w.e.f. 8-5-1994].
(1) Notwithstanding anything contained in this Act, or the rules made there under where a compromise or arrangement is proposed between (a) a society and its creditors or any class of them, and (b) 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 a meeting of the members, or creditors or both, as the case may be, to be called, held and conducted in such manner as may be prescribed :
Provided that the Registrar may, on his own motion, order such a meeting to be called for the purpose of affecting a compromise or arrangement.
(2) If a majority in number representing three-fourth of the members or three-fourth of the total amount of valuation due to the creditors, as the case may be,
The Madhya Pradesh Co-operative Societies Act, 1960, serves as a legislative framework for the establishment, registration, and management of cooperative societies in the state of Madhya Pradesh. Section 17 specifically addresses the processes involved in the compromise or arrangement for the repayment of liabilities and the reconstruction of societies.
Section 17 provides a mechanism for cooperative societies to propose compromises or arrangements concerning their liabilities. It allows for the restructuring of societies facing financial difficulties, thereby facilitating their continued operation and protecting the interests of their members.
The scope of Section 17 extends to all registered cooperative societies in Madhya Pradesh. It provides a legal framework for societies to manage their financial liabilities and ensures that the process is conducted in a manner that is fair and transparent.
While Section 17 itself does not specify punishments, failure to comply with the provisions of the Act or the rules made thereunder may lead to penalties as outlined in other sections of the Madhya Pradesh Co-operative Societies Act.
1[Where an order of moratorium has been made by the Central Government under sub-section (2) of Section 45 of the Banking Regulation Act, 1949 (No. 10 of 1949) in respect of Co-operative Bank, the Registrar with the previous approval of the Reserve Bank in writing, may, during the period of moratorium, prepare a scheme,-
(i) for the reconstruction or re-organization of the Co-operative Bank; or
(ii) for the amalgamation of the Co-operative Bank with any other Bank.]
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1. Inserted by MP. Act No. 8 of 1970.
1[Notwithstanding anything contained in this Act, where a Co-operative Bank being an insured bank within the meaning of the Deposit Insurance Corporation Act, 1961 (No. 47 of 1961) is amalgamated or in respect of which a scheme of compromise or arrangement or of reconstruction or reorganization has been sanctioned and the Deposit Insurance Corporation has become liable to pay to the depositors of the insured bank under sub-section (2) of Section 16 of that Act, the bank with which such insured bank is amalgamated or the new co-operative bank formed after such amalgamation or as the case may be, the insured bank or transferee bank shall be under an obligation to repay to the Deposit Insurance Corporation in the circumstances, to the extent and in the manner referred to in Section 21 of the Deposit Insurance Corporation Act, 1961 (No. 47 of 1961)].
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1[(1) The Registrar shall make an order cancelling 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 it is de-registered under the provisions of sub-section (1) of Section 18-A or it is wound up under Section 69. 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].
(2) Notwithstanding anything contained in this Act if any proceedings relating to the winding up or dissolution of a society are pending immediately before the commencement of this Act, such proceedings shall after such commencement be disposed of in accordance with the provisions of the law under which such society was registered or deemed to be registered.
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1[(1) If the Registrar is satisfied that any society is registered on misrepresentation made by applicants, or where the work of the society is completed or the purposes for which the society has been registered are not served, he may, after giving an opportunity of being heard to the chief promoter, the committee and the members of the society, de-register the society:
Provided that, where the number of members of the society is so large and it is not possible to ascertain the correct addresses of all such members from the records in the office of the Registrar and, in the opinion of the Registrar it is not practicable to serve a notice of hearing on all such individual members, a public notice of the proceedings of the de-registration shall be given in the prescribed manner and such notice shall be deemed to be notice to all the members of the society, including the chief promote
1[(1) No person shall be admitted as a member of a society except the following, namely:
(a) an individual competent to contract under Section 11 of the Indian Contract Act, 1872 (No. 9 of 1872);
(b) any other society;
(c) a public trust registered under the Madhya Pradesh Public Trusts Act, 1951 (No. 30 of 1951);
2[(d) a firm, company or any other body corporate, not having minors as partners or directors, registered established or constituted, as the case may be, under any law for the time being in force;]
(e) a society registered under the Madhya Pradesh Societies Registration Act, 1959 (No. 1 of 1960), as may be approved by the State Government in this behalf by general or special order;
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1[(1) 2[No person shall be eligible for admission as member and any member shall cease to be a member of a society, if]-
(a) he is an applicant to be adjudicated or is an undischarged insolvent;
(b) he has been sentenced for an offence involving moral turpitude and a period of five years has not elapsed from the date of expiry of sentence;
3[(bb) he has been sentenced for an offence under the provisions of the Protection of Civil Rights Act, 1955 (No. 22 of 1955) and a period of six years has not elapsed from the date of expiry of sentence.]
(c) he or any member of his family, having common interest with him, carries on business similar to one carried on by the society :
Provided that the provisions of cl
1[No person shall be eligible for election as a member of the committee of a society and shall cease to hold his office as such if he suffers from such disqualification as may be prescribed. No society shall elect any member as its representative to the committee of any other society or to represent the society in other society, if he suffers from such disqualification, as may be prescribed :
Provided that, if a member suffers from any of the disqualifications prescribed under this section-
(i) it shall be lawful for the committee of the society to disqualify such member where he is elected as a Director being a member of that society, after giving him a reasonable opportunity of being heard, within two months from the date of coming to the notice of the society from holding the post,
(ii) if,
1[If any person having been admitted as a member of a society subsequently becomes subject to any of the disqualifications specified in Section 19-A, such person shall cease to be a member of the society and the Registrar shall declare his seat to be vacant.]
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1. Inserted by M.P. Act No. 14 of 1976.
1[2[(1) The Committee may, by a resolution passed by three-fourth majority of the members present and voting at a meeting held for the purposes, expel a member if he-
(a) intentionally does any act likely to injure the credit of the society or bring it to disrepute; or
(b) willfully deceives the society by false statements; or
(c) carries on any business which comes or is likely to come into conflict with the business carried on by the society; or
(d) persistently makes default in payment of his dues or fails to comply with any provisions of the bye-laws :
Provided that no such resolution shall be valid unless the member concerned has been given seven days' notice, either personally or by registered post,
1 [x x x]
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1. Omitted by M.P. Act No. 25 of 1988 [w.e.f. 28-6-1988].
Notwithstanding anything contained in Section 19, a society may admit any person as a nominal member who shall have no share either in the management or profits of a society and shall not be subject to any contributory liability in the case of winding up of the society.
No member shall exercise the rights of a member unless he has made such payment to the society in respect of membership or acquired such interest in the society as may be prescribed or as may be specified in the bye-laws of such society.
1[(1) Every member of the society shall have one vote in the affairs of the society.
(2) (a) The voting right of federal society shall be so regulated that the members, which are societies, do not have less than four-fifth of the total number of votes in the general meeting of such society.
(b) In case of federal society the voting rights of individual members (which term shall include public trust, firm, company or body corporate, society registered under the Madhya Pradesh Society Registrikaran Adhiniyam, 1973 (No. 44 of 1973), and State Government but shall not include a Co-operative society) shall be regulated in such manner as may be prescribed.
(3) Every affiliated co-operative society through its properly authorized representative and every delegate referred to in clause (b) of sub
(1) Every member of a society shall exercise his vote in person and no member shall be permitted to vote by proxy:
Provided that subject to any rules made under this Act-
1[(i) (a) a society which is a member of another society may appoint one of its members as a representative to vote on its behalf,
(b) a group of individual members formed by the society in accordance with its bye-laws may elect one of the members in the group as a delegate to vote on their behalf.]
(ii) the State Government may nominate one of its officers as its representative, to vote or otherwise participate in its behalf in the affairs of the society of which such society or the State Government is a member;
2[(iii) a public tru
In any society, no member, other than the State Government or any other society, shall-
(a) hold more than such portion of the total share capital of the society not exceeding one-fifth thereof as may be prescribed; or
(b) have or claim any interest in the shares of the society exceeding 1 [twenty thousand] rupees:
Provided that the State Government may, by notification, specify in respect of any class of societies a maximum exceeding one-fifth of the share capital or 1 [twenty thousand] rupees, as the case may be.
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1. Substituted by M.P. Act No. 12 of 1994 [w.e.f. 8-5-1994].
(1) The transfer of a share or interest of a member in the share capital of a society shall be subject to the restrictions as to the maximum holdings specified in Section 24.
(2) No transfer by a member of his share or interest in a society shall be valid unless-
(a) the member has held such share or interest for not less than one year;
(b) the transfer is made to the society or to a member of the society; and
(c) the transfer is approved by the Committee.
(1) On the death of a member, a society may transfer the share or interest of the deceased member to the person nominated in accordance with the rules made in this behalf, or, if there is no person so nominated, to such person as may appear to the Committee to be the heir or legal representative of the deceased member, or pay to such nominee, heir or legal representative, as the case may be, a sum representing the value of such member's interest, as ascertained in accordance with rules or bye-laws.
(2) A society may pay all other moneys due to the deceased member from the society to such nominee, heir or legal representative, as the case may be.
(3) All transfers and payments made by a society in accordance with the provisions of this section shall be valid and effectual against any demand made upon the society by any other person.
1[Subject to the provisions of Section 39, the share or interest or deposit of a member in the capital or working capital of 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 deposit or by compulsory deductions made by it from wages or in the form of surcharge on the value of sale or supply of goods to members, 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 members or past members and accordingly neither a Receiver under the Provincial Insolvency Act, 1920 (No. 5 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 or deposit.]
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1. Substituted by M.P
(1) Every society shall keep open to inspection for its members free of any charge, at all reasonable times at the registered address of the society-
(a) a copy of this Act;
(b) a copy of the rules;
(c) a copy of the bye-laws of the society; and
(d) a register of members.
1[(e) the last audited annual balance sheet, the profit and loss account; and
(f) the minutes of the general meetings.]
(2) All registers and record of a society except books and other documents relating to accounts other than one's own shall be open to inspection in the office of the society by any member of such society on payment of such fee as m
1[(1) Subject to the provisions of sub-section (2), the liability of a past member or of the estate of a deceased member of a society for the debts of the society as they stood :
(a) in case of a past member, on the date on which he ceased to be a member, and
(b) in case of a deceased member, on the date of his death;
shall continue for a period of two years from such date.
(2) Where a society is ordered to be wound up under any provisions of this Act, the liability of a past member or of the estate of a deceased member who ceased to be a member or died, within two years immediately preceding the date of the order for winding up shall continue until the entire liquidation proceedings are completed; but such liability shall extend only to the debts o
Notwithstanding anything contained in the Provincial Insolvency Act, 1920 (V of 1920), in an insolvency proceeding against a member of a society, the dues of the society shall have priority over all other dues except those payable to Government.
The registration of a society shall render it a body corporate by the name under which it is registered, having perpetual succession and a common seal, and with power to hold property, enter into contracts, institute and defend suits and other legal proceedings and to do all things necessary for the purposes for which it was constituted.
1[(1) Every society shall have an address registered in accordance with the rules to which all notices and communications may be sent, and shall send a notice in writing to the Registrar of any change therein within thirty days of the change.
(2) Every society shall display its name and the address of its registered office and the words "Registered under Madhya Pradesh Co-operative Societies Act, 1960" in legible characters in conspicuous position-
(a) at every office or place at which it carries on business;
(b) in all notices and other official publications;
(c) on all its contracts, business letters, orders for goods, invoices, statements of account, receipts and letters of credit; and
(d) on all bills
1[(1) Every society shall keep a register of its members and enter therein the following particulars, namely-
(a) the name, address and occupation of each member;
(b) the share held by each member in the case of a society having share capital;
(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 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 interest of the membe
(1) A copy of any entry in a book of a society regularly kept in the course of its business, shall, if certified in such manner as may be prescribed, be received, in any suit or legal proceedings or for any other purposes as Prima facie evidence of such entry and shall be admissible in evidence in respect of the matters, transactions and accounts therein recorded in the same manner and to the same extent as the original entry.
(2) Copies given by a society of any document obtained and kept by it in the course of its business or any entries in such document shall, if certified in the prescribed manner, be admissible in evidence in any suit or legal proceedings or for any other purpose in the same manner and to the same extent as the original document, or the entries therein, as the case may be.
(3) No officer of a society and no officer,
1[(1) A society which gives loans to its members or a society or class of societies which the State Government may notify in the official Gazette, from time to time, shall furnish to each member a pass book, which shall contain an account of the transactions with the member, such as, the date of the transaction, the amount of loan advanced, the rate of interest, the repayment made by the member, the amount of the principal and interest due and such other particulars as may be prescribed. The necessary entries shall be made in the pass book from time to time which shall be counter signed by such office-bearer of the society as may be authorized in this behalf by the committee. For this purpose, the member shall be bound to present the pass book to such office-bearer and if the pass book is required to be kept for some time for making the necessary entries, the member shall be granted a receipt therefore, by such office-bearer.
Nothing in clauses (b) and (c) of sub-section (1) of Section 17 of the Indian Registration Act, 1908 (XVI of 1908) shall apply to-
(a) any instrument relating to shares in a society notwithstanding that the assets of the society consist in whole or in part of immovable property; or
(b) any debentures issued by any such 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 instruments 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) any endorsement upon, or transfer of,
1[A society may receive deposits and loans from the State Government, Banks, Financing Bodies, Corporate Bodies under any law, operating in the State and individuals under the provision of the bye-laws of the society. It may also receive funds as a share capital under specific agreement or approved project by way of granting nominal membership.]
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1. Substituted by M.P. Act No. 12 of 1994 [w.e.f. 8-5-1994].
(1) No society shall make a loan to-
(a) any person who is not a member;
(b) any member on the security of its own shares;
(c) any member on the security of a non-member :
1[Provided that a society may make loans to another society and/or nominal member as provided in the bye-laws of the society.]
2[(1-A) A society making a loan to its members who have been provided with "Bhoo-Adhikar Avam Rin Pustika" prescribed under Section 114-A of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959) shall enter all transactions of loans; advances and recoveries thereof in the aforesaid Bhoo-Adhikar Avam Rin Pustika.
(1-B) Notwithstanding anything contained in this A
Legal Comments
"Introduction" - Madhya Pradesh Co-operative Societies Act, 1960 governs co-operative societies in MP; section 37 deals with restrictions on loans by a society to non-members and certain loan-related prohibitions, typical of co-operative credit governance. [No direct MP-specific source provided in list; general Act context inferred from Section 37 references elsewhere in sources]
"What Section 37 Says" - Section 37 prohibits a society from making a loan to non-members, or to members on the security of its own shares, or on the security of a non-member’s property; it imposes allied restrictions on loan transactions by a cooperative society. MP Co-operative Societies Act, 1960 - Section 37(1) and (2) (as reflected in typical drafting and related summaries) - [Source reference placeholder: internal MP Act text]
"Essential ingredients" - Essential elements include: (i) loan by a society, (ii) to a person who is not a member; (iii) or loan to a member secured by own shares; (iv) or loan to a member on security of non-members’ property; (v) penalties for contravention under other sections (e.g., enforcement via Section 85). MP Co-operative Societies Act, 1960 - Section 37(1) and (4) context; penalty enforcement under Section 85. - [Source reference placeholder]
"Scope of Section" - Scope covers loans by a society to disqualified recipients and secures governance of lending, ensuring membership-based credit discipline and preventing non-member loans; internal cross-references to penalties and enforcement provisions exist. MP Act references; enforcement via Section 85 noted. - [Source reference placeholder]
"Punishment for Section" - Penalties for violations are enforceable under sections governing offenses and penalties; typical penalties include fines or other sanctions as prescribed; specific quantum in MP texts may vary (e.g., penalties linked to enforcement under other sections). MP Act cross-references to penalties (Section 85) and offenses. - [Source reference placeholder]
"Statutory interplay" - The Act interfaces with penalties and enforcement provisions (Section 85), as well as other sections on contraventions; penalties may be triggered by non-compliance with loan restrictions. References indicate penalties enforcement structure; exact quantum not provided in sources. - [Source reference placeholder]
"Procedure and enforcement" - Enforcement of penalties and orders follows standard cooperative society enforcement mechanisms; penalties may be levied by Registrar or Co-operative Court as per broader Act provisions (not fully detailed in provided sources). General MP Act enforcement notes; not explicit in given citations. - [Source reference placeholder]
"Judicial interpretation" - The materials cited do not provide MP-specific case law on Section 37; references to other Acts illustrate how Section 37 has been interpreted in different states (e.g., Gujarat/Maharashtra) but MP-specific jurisprudence is not present in the supplied sources. Note: No MP Section 37 case in the provided sources; see related acts for comparative context. - [Source reference placeholder]
"Comparison with other Acts" - The corpus includes Section 37 in other states (e.g., Gujarat, Maharashtra, Orissa) illustrating common themes: restrictions on loans to non-members, and penalties; these serve as persuasive but non-binding comparative context for MP. [BHIKHUBHAI K. PATEL VS STATE OF GUJARAT - 2005 0 Supreme(Guj) 147], [Dibyasingh Malana: Trivikram Malana: Saktidhar Jena VS State Of Orissa - 1989 0 Supreme(SC) 242], [MAHENDRA VS STATE OF ORISSA - 1988 0 Supreme(Ori) 240], [LABANYABATI DEVI VS MEMBER, BOARD OF REVENUE - 1993 0 Supreme(Ori) 229], [Banwari Nathoo VS State of U. P. - 1974 0 Supreme(All) 207], [State of Kerala VS Danial Chellayyan - 1999 0 Supreme(Mad) 2305] - [Source references]
"Administrative action" - Administrative action under MP Act may involve the Registrar and Co-operative Courts for enforcement of penalties under Section 85; the precise remedial framework requires MP-specific statutory text not fully present in sources. - - [Source reference placeholder]
"Offense and penalties" - Offences and penalties under co-operative act provisions (e.g., contraventions of loan restrictions) are within the scope of penalties; references to penalties in sections 37(4) and enforcement clauses exist in the broader MP materials. - [Source reference placeholder]
"Protection of members" - Section 37 aims to protect the financial health of societies by ensuring lending remains within membership boundaries; it discourages non-member encroachment in lending practices. - [Source reference placeholder]
"Regulatory alignment" - The MP Act aligns with standard cooperative governance patterns across India, emphasizing membership eligibility for loans, securities by shares, and prevention of improper lending to external parties; cross-state doctrinal contrasts appear in cited cases but MP specifics are not in sources. , [Suryakant Ramchandra Mudake VS Shivlinga Vishwanath Ghongade - 1972 0 Supreme(Bom) 50], [State of Kerala VS Danial Chellayyan - 1999 0 Supreme(Mad) 2305] - [Source references]
"Penal consequences and remedies" - The enforcement path may involve penalties under Section 85 and potential court or registrar actions; the exact penalties and procedures depend on the MP statute and subsequent amendments not enumerated in provided extracts. - - [Source reference placeholder]
"Administrative remedies" - The Act envisages redress through Registrar or Co-operative Court for violations; the precise mechanisms require MP text or case law not available in sources. - - [Source reference placeholder]
"Limitations of sources" - The provided sources largely contain cross-state references (Maharashtra, Gujarat, Orissa) and general notes; MP-specific textual provisions and MP-case law on Section 37 are not present in the supplied list. - - [Source reference placeholder]
Note: The sources provided do not include explicit MP Section 37 text or MP-specific case law to fill in detailed, MP-focused points with precise wording, penalties, and authoritative references. The above pulls reflect the general topic, cross-state comparisons, and the known cross-references within the MP Co-operative Societies Act framework as far as the supplied material allows. If you can share the exact MP Section 37 text or MP judgments, I can tighten each bullet with precise statements and citations.
1[(1) Notwithstanding anything contained in any agreement or any law for the time being in force, no society shall, in respect of any loan advanced by it to a member belonging to Scheduled Caste or Scheduled Tribe, whether before or after commencement of the Madhya Pradesh Co-operative Societies (Second Amendment) Act, 1979, which is repayable within a period not exceeding ten years from the date of its advance, charge, recover or receive towards interest thereon during the currency of such loan a sum greater than the principal and any sum charged recovered or received in excess thereof shall, if the loan is subsisting be adjusted, towards repayment of the Principal till it is fully repaid and in any other case, shall be refunded to the debtor member within sixty days of the date on which the payment towards interest exceeds the limit aforesaid :
Provided that nothing in this Secti
Notwithstanding anything contained in any agreement or any law for the time being in force, no society shall, in respect of any loan advanced by it to a member belonging to Scheduled Caste or Scheduled Tribe or other members owning 5 acre irrigated or 10 acre un-irrigated land, whether before or after commencement of the Madhya Pradesh Co-operative Societies (Second Amendment) Act, 1979, which is repayable within a period not exceeding ten years from the date of its advance charge, recover or receive towards interest thereon during the currency of such loan a sum greater than the Principal and any sum charged, recovered or received in excess thereof shall, if the loan is subsisting be adjusted, towards repayment of the Principal till it is fully repaid and in any other case, shall be refunded to the debtor member within sixty days of the date on which the payment towards interest exceeds the limit aforesaid :
Save as provided in Sections 36 and 37, the transactions of a society with persons other than members shall be subject to such restrictions, if any as may be prescribed.
A society shall have a charge upon the share or interest in the capital and on the deposits of a member, past member or deceased member and upon any dividend, bonus or profits payable to a member, past member or deceased member, in respect of any debt or outstanding demand owing to the society from such member or past member of deceased member and may set-off any sum credited or payable to a member, past member or deceased member in or towards payment of any such debt or outstanding demand :
Provided that no financing bank shall have a charge upon any sum invested in such bank by a society as reserve fund if such bank is not the sole creditor of the society or upon any sum invested in such bank from any Provident Fund nor shall such bank be entitled to set-off any such sum credited or payable to the society in or towards payment of any debt or outstanding demand owing to such bank
1[(1) Notwithstanding anything contained in any law for the time being in force, but subject to any prior claim of the State Government in respect of land revenue or any money recoverable as arrears of land revenue and to any claim of a development bank arising out of a loan granted at any time whatsoever under the Madhya Pradesh Sahkari Bhoomi Vikas Bank Adhiniyam, 1966 (28 of 1966), any debt or outstanding demand owing to a society by any member or past member or deceased member, shall be a first charge upon the crops and other movable property belonging to such member, past member or forming part of the estate of the deceased member, as the case may be :
Provided that where any prior claim of the State Government arises out of a loan granted under the Land Improvement Loans Act, 1883 (XIX of 1883) or the Agriculturists Loans Act, 1884 (XII of 1884) and such loan is granted after
1[(1) Notwithstanding anything contained in any law for the time being in force, but subject to any prior claim of the State Government in respect of land revenue or any money recoverable as arrears of land revenue or to any of claim of a development bank arising out of a loan granted at any time whatsoever under the Madhya Pradesh Sahkari Bhoomi Vikas Bank Adhiniyam, 1966 (No. 28 of 1966), or by a bank under the Madhya Pradesh Krishi Udhar Pravartan Tatha Prakirn Upbandh (Bank) Adhiniyam, 1972 (No. 32 of 1973), any debt or outstanding demand owing to a society by a member or past member or deceased member shall be first charge in favor of the society on-
(a) the land owned by such member or past member or forming part of the estate of the deceased member, as the case may be; and
(b) his interest in any land as a tenant if such member ow
1[(1) Notwithstanding anything contained in any law for the time being in force, a society shall have power to itself to acquire agricultural land or interest therein, or any immovable property which has been charged or mortgaged to it by a member in respect of any financial assistance availed of by him, provided the said land or interest therein or any other immovable property has been sought to be sold by public auction and no person has offered to purchase it for a price which is sufficient to pay to the society the money due to it :
Provided that only such portion of the property shall be sold as may be reasonably sufficient to satisfy the 2[debt and interest thereon].
(2) A society which acquires land or interest therein or any other immovable property in exercise of the power vested in it under sub-section (1) may dispose it of by
(1) Notwithstanding anything contained in any law for the time being in force, a member of a society may execute an agreement in favor of such society provided 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 the amount so deducted to the society in satisfaction of any debt or other demand owing by the member to the society.
1[(2) On the execution of such agreement, it shall not be necessary to have the debt or claim adjudged by any authority, and the employer shall, if so required by the society, by a requisition in writing 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 and pay the amount so deducted to the society, as if it were a part of the salary, or wages payab
(1) No part of the funds of a society other than the net profits shall be paid by way of bonus or dividend or otherwise distributed among its members :
Provided that a member may be paid remuneration on such scale as may be laid down by the bye-laws for any services rendered by him to the society.
(2) A society shall, out of its net profits in any year-
(a) transfer an amount not being less than twenty-five per cent of such profits to the reserve funds unless such society has been, by general or special order, partially or wholly exempted in this behalf by the Registrar; and
(b) pay to the Madhya Pradesh Co-operative Union Ltd. and to such other institutions or unions as may be specified by the Registrar in this behalf, such contribution as may be p
1[(1) A society earning profit shall calculate the net profit by deducting from the gross profits for the year the following-
2[(a) all overdue interest accrued on loan accounts.]
(b) management charges;
(c) interest payable on loans and deposits;
(d) audit fee;
(e) working expenses, including repairs, rent, taxes;
(f) depreciation;
(g) bonus payable to employees under the Payment of Bonus Act, 1965 (No. 21 of 1965);
(h) provision for payment of income-tax;
(i) provision for payment of subscription to the State/District Co-opera
1[(1) Where a society has an operational deficit in any year, the committee shall place before the general body the reasons therefore.
(2) The general body shall examine the reasons and where the deficit has arisen in the normal course of business of the society, the general body based on its examination may resolve to make good the operational deficit wholly or partially from members and or its reserves.]
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1. Inserted by M.P. Act No. 12 of 1994 [w.e.f. 8-5-1994].
(1) Subject to the provisions of sub-sections (2) and (3), a society may invest or deposit its funds-
(a) in Government Savings Bank; or
1[(aa) in a Co-operative Bank; or]
(b) in any of the securities specified in Section 20 of the Indian Trusts Act, 1882 (II of 1882); or
(c) with the federal society of which it is a member or in the purchase of the share thereof; or
(d) with the approval of the Registrar, with any other society with limited liability or in the purchase of the shares or securities or debentures thereof; or
2[(e) with any bank approved for this purpose by the Registrar and on such terms and conditions, if any, as may be laid down by him in this
(1) Any society desirous of having State aid otherwise than by way of contribution towards share capital may apply to the Registrar stating the reasons for seeking such State aid.
(2) On receipt of an application under sub-section (1) or otherwise, the Registrar may, if he is satisfied that such aid is necessary in the interest of the society, recommend to the State Government the grant of such aid. The State Government may thereupon grant such aid to the society as it may deem fit on such terms and conditions as may be prescribed.
(1) A society may establish a contributory Provident Fund for the benefit of its employees to which shall be credited all contributions made by the employees and the society in accordance with the bye-laws of the society.
(2) A contributory Provident Fund established by a society under sub-section (1)-
(a) shall not be used in the business of the society;
(b) shall not form part of the assets of the society;
(c) shall not be liable to attachment or be subject to any other process of any Court or other authority; and
(d) shall be administered in such manner as may be prescribed.
The State Government may, by a general or special order, direct that all or any of the societies situated within a specified area shall be affiliated to the Madhya Pradesh Co-operative Union or to a 1 [the District Co-operative Union] or to any other union in such manner and on such conditions as the State Government may specify.
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1. Substituted by MP. Act No. 25 of 1988 [w.e.f. 28-6-1988].
1[(1) The Apex society may; for servicing its constituents and in accordance with its byelaws, perform the following functions:-
(a) safeguard the observance of the co-operative principles;
(b) promote and organize co-operative societies and for these purposes, frame model byelaws and guidelines for making various regulation and policies for consideration by the societies;
(c) provide co-operative training, education and information, and propagate co-operative principles;
(d) undertake research and evaluation and assist in preparation of perspective development plans of member societies;
(e) promote harmonious relations between member societies;
(f) help member
The Madhya Pradesh Co-operative Societies Act, 1960, serves as a legislative framework for the establishment, regulation, and management of co-operative societies in the state of Madhya Pradesh. It aims to promote self-help and mutual aid among members of these societies, thereby fostering economic development and social welfare.
Section 47(a) of the Madhya Pradesh Co-operative Societies Act, 1960, empowers the State Government to direct that all or any of the co-operative societies in the state shall affiliate to a federal society. This provision is intended to enhance the operational efficiency and collective strength of co-operative societies by integrating them into larger federations.
The scope of Section 47(a) extends to the regulation of co-operative societies and their integration into federal structures. This is crucial for ensuring that smaller societies can benefit from the resources, support, and governance provided by larger federations.
The specific punishment for non-compliance with Section 47(a) is not explicitly detailed in the available sources. However, general provisions in co-operative legislation often include penalties for failure to comply with directives issued by the State Government.
1[(1) The final authority in a society shall vest in the general body of members :
2[Provided that the byelaws of a society may provide for the constitution of a smaller body consisting of delegates elected in accordance with such byelaws to exercise powers of the general body or as may be specified in the byelaws of the society].
(2) Subject to sub-section (1), the management of every society shall vest in a committee constituted in accordance with this Act or rules made there under or byelaws of the society and it shall exercise such powers and perform such duties as may be conferred or imposed respectively by the Act or rules made there under or byelaws of the society.
3[(3) 4[(a) On the Committee of primary society:-
(i) in which half or mor
1[(1) No person shall at the same time hold specified office of more than one Apex Society, one Central Society and one Primary Society:
Provided that the provisions of this sub-section shall be applicable in case of societies of the same classification.
(2) If any person who is holding a specified office in one Apex Society, one Central Society and one Primary Society is elected or appointed to a specified office in any other Apex or Central or Primary society, he may, by a letter in writing signed by him and addressed to the registrar, within a period of one month from the date of his election or appointment to such specified office resign from the specified office in all except one Apex Society and or one Central Society and or one Primary Society as the case may be.
(3) If any person requi
1[(1) Every committee of society shall at the time of election of Chairman or Vice-Chairman, also elect representative who shall represent it in other society and the representative so elected shall not be withdrawn by the Committee till the next election of the committee.
2[(2) (a) In a society where not less than half of the members belong to Scheduled Castes and Scheduled Tribes, the representative shall be only from amongst the members belonging to such castes or tribes; and
(b) In a society where not less than two-third of the members belong to other Backward Classes, the representative shall be from amongst the members belonging to such classes.
(3) If the byelaws of a society provide for the constitution of its general body by the elections of the delegates, the society shall reserv
1[The Board or the Committee of a society shall in accordance with the byelaws, have power to-
(a) admit and terminate membership;
(b) elect the Chairman and other office bearers;
(c) remove from office the Chairman and office bearers;
(d) fix staff strength with the approval of the Registrar;
(e) frame policies concerning-
(i) organization and provisions for services to members;
(ii) qualifications, recruitment, service conditions of the staff and other matters relating to staff with the approval of the Registrar;
(iii) mode of custody and investment of funds;
&n
1[(1) 2 [Every Society shall within three months before the close of financial year call a general meeting of its members for the following purposes of]-
(a) approval of the programme of the activities of the society prepared by the committee for the ensuing year;
3[(b) Election, if fallen due, of the members of the committee.
Explanation.-Election of the committee shall be deemed to have fallen due, if the term of the committee comes to an end within a period of three months from the date of the annual general meeting].
(c) consideration of the audit report, if received and the annual report;
(d) disposal of the net profit;
(e) consideration of any other matte
1[Omitted]
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1. Omitted by MP. Act 12 of 1994 [w.e.f. 8-5-1994].
1[Notwithstanding anything contained in this Act or the rules made there under and byelaws of a society, any resolution passed by a committee shall not be modified or annulled by the successor committee without the previous sanction in writing of the Registrar.]
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1. Inserted by MP. Act No. 14 of 1976.
1[(1) If the State Government, on receipt of a report from the Registrar or otherwise is satisfied that in the public interest or for the purpose of securing proper implementation of cooperative production and other development programmes approved or undertaken by Government, or to secure the proper management of the business of the society generally, or for 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, the State Government may issue directions to them from time to time, and all societies or the societies concerned, as the case may be, shall be bound to comply with such directions.
(2) The State Government may modify or cancel any directions issued under su
(1) If the Registrar is of the opinion that, having regard to the financial condition of the society and financial interest of Government therein, it is necessary to regulate the manner of carrying on its trade or business, he may, subject to any rules made in this behalf, direct such society to make regulations in that behalf and forward them to him for approval.
(2) On receipt of the regulations made by the society, the Registrar may approve them with or without modifications. On approval of such regulations, the society shall carry on its business in accordance with regulations.
(3) If any society fails to forward such regulations to the Registrar when directed by him under sub-section (1) within a period of three months from the date on which the direction is given, the Registrar shall himself make or cause to be made such regulation
1[(1) 2[(a) Notwithstanding anything contained in this Act or rules or byelaws made there under for every Apex Society where the State Government has contributed to its share capital or has given loans or financial assistance or has guaranteed the repayment of loans granted in any other form, there shall be a Managing Director, not below the rank of Class I Officer, who shall be selected by a committee constituted at the State level consisting of the Agriculture Production Commissioner, Chairman of the Apex Society, Registrar Co-operative Societies and one Director nominated by the Board of Apex Society :
Provided that if the committee fails to select the Managing Director unanimously, the matter shall be referred to the State Government whose decision thereon shall be final].
(b) The Managing Director shall be ex-officio member of t
1[(1) The Committee may at any time, call a special general meeting of the society and shall call such meeting within one month after the receipt of a requisition in writing from the Registrar or from one-tenth of total number of members].
(2) If a special general meeting of a society is not called in accordance with the requisition referred to in sub-section (1), the Registrar or any person authorized by him in this behalf, shall have the power to call such meeting and that meeting shall be deemed to be a meeting called by the Committee.
2[(2-a) Where any officer whose duty it was to call such a meeting in accordance with the provisions of this Act, or the rules or byelaws made there under fails without reasonable excuse to call such meeting, the Registrar may, by order, declare such officer to be disqualified for being a member of the
1[(1) No person shall be qualified to be a candidate for election as member of the committee, representative or delegate, if he is in default for a period exceeding 12 months to the society or any other society for any loan or advance taken by him as a member of such society.
2[(1-A) No person shall be qualified to be a candidate for election as a member of the committee, representative or delegate if he has more than two living children one of whom is born on or after 26th January, 2001.
(1-B) A person elected to an office mentioned in sub-section (1-A) shall become disqualified to hold such office if on or after 26th January, 2001 a child is born which increases the number of his children to more than two.]
(2) No person shall be entitled to vote at any election of the committee, representat
1[x x x]
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1. Omitted by M.P. Act No. 12 of 1994 [w.e.f. 8-5-1994].
No act of a society or of any committee or of any officer shall be deemed to be invalid by reason only of the existence of any defect in procedure or in the constitution of the society or of the committee or in the appointment or election of an officer or on the ground that such officer was disqualified for his appointment.
(1) Where the State Government-
(a) has subscribed to the share capital of a society; or
(b) has assisted indirectly in the formation or augmentation of the share capital of a society as provided in Section 45; or
(c) has guaranteed the repayment of principal and payment of interest on debentures issued by a society; or
(d) has guaranteed the repayment of principal and payment of interest on loans and advances to a society;
the State Government or any authority specified by the State Government in this behalf shall have the right to nominate such number of persons not exceeding 1 [four] as it may deem fit on any or all of the committees of such society.
(2) A p
1 [x x x]
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1. Omitted by Sec. 9 of M.P. Act No. 20 of 1999 [w.e.f. 7-8-1999].
1[If in the opinion of the State Government, it is necessary to provide adequate representation to women members on a committee of such society or class of societies, as it may, by general or special order, specify it may direct such society to provide reservation of seat for women on its committee :
Provided that the number of seats so reserved shall not exceed 2 [four] in such committee :
3[Provided further that in the event of a society failing to elect the requisite number of women members in its committee or to elect less than such number of women members, the remaining members of the committee shall co-opt the requisite number of women members, from amongst women members of such society entitled to such representation and in the event of Committee failing to co-opt requisite renumber of women members the Registrar shall nominate th
(1) If, in the opinion of the Registrar, the committee of any society-
(a) 1[x x x] is negligent in the performance of the duties imposed on it by or under this Act or bye-laws of the society or by any lawful order passed by the Registrar or is unwilling to perform such duties; or
(b) commits acts which are prejudicial to the interests of the society or its members; or
2[(c) violates the provisions of this Act or the rules made there under or byelaws of the society or any order passed by the Registrar;]
the Registrar may, by order in writing, remove the committee and appoint a person or persons to manage the affairs of the society for a specified period not exceeding two years in the first instance :
3[Pr
1[(1) If-
(i) the committee of a society is reconstituted at a general meeting of the society under Section 49; or
(ii) the term of the committee of a society expires in pursuance of an order issued under clause (iii) of sub-section (7-A) of Section 49; or
(iii) the committee of a society is removed or suspended or ceases to function under Section 53; or
(iv) the society is ordered to be wound up under Section 69, the person or persons entitled to receive the charge of the committee or society, as the case may be, shall assume charge-
(a) from the date of election of a committee at the general meeting in case of (i) above;
(b) from the date of order issued by t
1[(1) If in the opinion of the Registrar, any officer of the co-operative society has been grossly negligent in the discharge of his duties imposed on him by or under this. Act the rules made there under or byelaws or has, by a fraudulent act, caused financial loss to the society the Registrar may without prejudice to any other action that may or can be taken against him, call upon the society to remove within a specified period such officer from the office held by him and where necessary also to disqualify him from holding any office under that society for a period not exceeding three years, whereupon the society shall, after affording opportunity to the officer concerned of being heard, pass such orders as it deems fit.
(2) On the failure of the society to take action under sub-section (1), the Registrar may after affording opportunity to the officer of being heard and for reason
(1) No society shall appoint a Manager, Secretary, Accountant or other paid officer unless he holds such qualifications as may be prescribed.
1[(2) The Apex and Central Societies shall maintain such cadres of officers and other servants as the State Government may, by order, direct and the conditions of service of members of such cadre shall be such as the Registrar may, by order, determine.
(3) The State Government may, by notification, specify the class of societies which shall employ officers from such cadres maintained by the Apex or Central Societies under sub-section (2) as may be specified therein] 2 [and it shall be obligatory on the part of such class of societies to accept and appoint such cadre officers on the cadre posts as and when deputed by the Apex or Central Societies.]
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1[(1) The Registrar may, from time to time, frame rules governing the terms and conditions of employment in a society or class of societies and the society or class of societies to which such terms and conditions of employment are applicable shall comply with the order that may be issued by the Registrar in this behalf.
2[(2) Where a dispute, including a dispute regarding terms of employment, working conditions and disciplinary action taken by a society, arises between a society and its employees, the Registrar or any officer appointed by him not below the rank of Assistant Registrar shall decide the dispute and his decision shall be binding on the society and its employees:
Provided that the Registrar or the officer referred to above shall not entertain the dispute unless presented to him within thirty days from the date of order sought
1[(1) Every society shall maintain such records, registers and books of accounts and shall furnish to the Registrar such information and such returns as may be required by him from time to time.
(2) Every society shall fix specific responsibility on the officer or employee of, the society to maintain such records, registers, books of accounts and to furnish to the Registrar such information and such returns as may be required by order by him, from time to time within the period specified in such order.
(3) If any officer or the employee of the society, on whom specific responsibility has been fixed under sub-section (2), fails to maintain the records, registers, books of accounts and to furnish to the Registrar, such information and such returns as may be required by the Registrar within the specified time, the Registrar may, by order, d
1[(1)] Where the Registrar is satisfied that-
(a) the records, registers or the books of accounts of society are likely to be tampered with or destroyed and the funds and property of a society are likely to be misappropriated or misapplied, or
(b) if the committee of a society is reconstituted at a general meeting of the society or the committee of a society is removed by the Registrar under Section 53 or if the society is ordered to be wound up under Section 69 and the outgoing members of the committee refuse to handover charge of the records and property of the society to those having to, or entitled to, receive such charge;
the Registrar may issue an order directing a person duly authorized by him in writing to seize and take possession of such books and records, funds and property of the s
1[(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 misappropriated or misapplied, the Registrar or the person authorized by him may apply to the Executive Magistrate within whose jurisdiction the society is functioning, for seizing and taking possession of the records and property of the society.
(2) On receipt of the application under sub-section (1), the Magistrate may authorize any police officer not below the rank of a sub-inspector to enter and search any place where the records and property are kept are likely to be kept and to seize them and handover possession thereof to the Registrar or the person authorized by him, as the case may be.]
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(1) The Registrar shall audit or cause to be audited by a person authorized by him in writing by general or special order in this behalf, the accounts of every society once at least every year and shall recover from such society such fees as may be prescribed :
1[Provided that-
(i) the State Government may, by notification, for reasons to be specified, therein, exempt any class of societies;
(ii) the Registrar may for reasons to be recorded in writing, exempt any society from the payment of fees or part thereof, under this sub-section:]
2[Provided further that a Central Society or an Apex Society or an Urban Co-operative Bank may get the accounts audited by a Chartered Accountant approved by the Registrar] :
&n
1[For the purpose of conducting audit and supervision of any society or class of societies, the State Government may constitute an Audit Board which may exercise such powers of the Registrar as the State Government may, by notification specify in this behalf and the Audit Board shall exercise these powers to the exclusion of the Registrar.]
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1. Inserted by M.P. Act No. 28 of 1982 [w.e.f. 29-10-1982].
1[(1) Notwithstanding anything contained in this Act or the rules or the byelaws of a society where the State Government has contributed to its share capital or has given loans or financial assistance or has guaranteed the repayment of loans, debentures or advances or has given grants in any other form and if in the course of an audit, inquiry, inspection or the winding up of a society or otherwise, it is found that any person who is or was entrusted with organization or management of such society or any deceased, past or present Chairman, Secretary, Member of the Committee, Officer or employee of the society has made any payment contrary to the provisions of this Act or the rules made there under or byelaws of a society or has caused any deficiency or loss by gross negligence or misconduct or has misappropriated or fraudulently retained any money or other property belonging to such society, the Registrar may on his own motio
1[(1) The Registrar may on the application of-
(i) a society to which the society is affiliated; or
(ii) a creditor to whom the society is indebted; or
(iii) not less than one third of the members of the committee; or
(iv) not less than one-tenth of the total number of members of the society hold an inquiry or cause an inquiry to be made into the specific matters raised in the application relating to the constitution, working and financial condition of the society.
(2) The Registrar shall order an inquiry only after the receipt of a fee as may be prescribed, from the applicant or applicants, deemed sufficient to meet the costs of the inquiry to be conducted.
(3
1[(1) All officers, members and past members of the society in respect of whom an inquiry is held, and any other person who, in the opinion of the officer holding the inquiry is in possession of the information, books and papers relating to the society, shall furnish such information as is in their possession and produce all books and papers relating to the society which are in their custody or power, and otherwise give to the officer holding an inquiry all assistance in connection with the enquiry which they can reasonably give.
(2) If any such person refuses to produce before the Registrar or any person authorized by him under sub-section (1) of Section 59 any book or papers which it is his duty under sub-section (1) to produce or to answer any question which is put to him by the Registrar or the person authorized by the Registrar in pursuance of sub-section (1), the Registrar or
1[(1) The Registrar may on his own motion, or on the application of creditor of a society inspect or direct any person authorized by him by general or special order in writing in this behalf, to inspect the books of the society :
Provided that no such inspection shall be made on the application of a creditor unless the applicant-
(a) satisfies the Registrar that the debt is a sum then due and that he has demanded payment thereof and has not received satisfaction within a reasonable time; and
(b) deposits with the Registrar such sum as security for the costs of the proposed inspection as the Registrar may require.]
(2) The Registrar shall communicate the results of any such inspection-
(a) where the inspec
(1) If the result of the audit held under Section 58 or an inquiry held under Section 59 or an inspection held under Section 60 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 and if the society is affiliated to another society also to the notice of that other society.
(2) The Registrar may make an order directing the society or its officers or the society to which it is affiliated to take such action as may be specified in the order within the time mentioned therein to remedy the defects disclosed in the audit, inquiry or inspection.
Where an inquiry is held under Section 59 or an inspection is made under Section 60 on the application of a creditor, the Registrar may apportion the costs, or such part of the costs as he may deem fit, between the society to which the society concerned is affiliated, the society concerned, the members or creditors demanding an inquiry or inspection, and the officers or former officers of the society :
Provided that-
(a) no order of apportionment of the costs shall be made under this section unless the society or the person sought to be made liable to pay the costs there under has had a reasonable opportunity of being heard;
(b) the Registrar shall state in writing the grounds on which the costs are apportioned.
1[x x x]
____________
1. Omitted by M.P. Act No. 12 of 1994 [w.e.f. 8-5-1994].
1[No expenditure from the funds of a society shall be incurred for the purpose of defraying the costs of any proceedings filed or instituted in any Court by any officer or committee of a society against any order made or purporting to have been made by the Registrar under Section 19-AA, Chapter V or Chapter VI :
Provided that where the case is finally decided in favor of the officer or the committee, as the case may be, such cost as may be approved by the Registrar shall be reimbursed by the society.]
_____________________
1. Inserted by M.P. Act No. 14 of 1990 [w.e.f. 31-7-1990].
(1) Notwithstanding anything contained in any other law for the time being in force, 1 [any dispute touching the constitution, management or business, terms and conditions of employment of a society or the liquidation of a society shall be referred to the Registrar] by any of the parties to the dispute if the parties thereto are among 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 a nominee, heirs or legal representatives of any 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 deceased member of a society or of a society which is a member of the society;
(c) a person other th
(1) Notwithstanding anything contained in the Indian Limitation Act, 1908 (IX of 1908), and subject to the specific provisions made in this Act, the period of limitation for referring the disputes mentioned below to the Registrar under Section 64 shall,-
(a) when the dispute relates to the recovery of any sum including interest thereon due to a society by a member thereof, be six years 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 the 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 the legal representative of a deceased m
(1) The Registrar may, on receipt of the reference of dispute under Section 64 decide the dispute himself, or transfer it for disposal to a nominee or board of nominees to be appointed by the Registrar.
(2) When a dispute is transferred under sub-section (1) for disposal by a nominee or a board of nominees, the Registrar may at any time, for reasons to be recorded in writing, withdraw such dispute from such nominee or board of nominees and may decide the dispute himself or transfer it again to any other nominee or board of nominees appointed by him for decision.
(1) The Registrar or his nominee or board of nominees shall have the power of making interlocutory orders including grant of a temporary injunction. In exercising this power, the Registrar or his nominee or board of nominees, as the case may be, shall follow the procedure laid down in the Code of Civil Procedure, 1908 (V of 1908), for the purpose of making such orders and granting an injuction.
(2) No party shall be represented at the hearing of the dispute by any legal practitioner, except with the permission of the Registrar or his nominee or board of nominees, as the case may be :
Provided that where the permission is so granted, the other party to the dispute shall be entitled to be represented by a legal practitioner.
1[(3) The Registrar or his nominee, as the case may be, shall record a
Where the Registrar or a nominee or board of nominees, as the case may be, acting under Section 66 is satisfied on affidavit, enquiry or otherwise that a party to any reference with intent to delay or obstruct the execution of any award that may be made,-
(a) is about to dispose of the 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;
the Registrar, a nominee or board of nominees may unless adequate security is furnished, direct the conditional attachment of the said property or such part thereof as he thinks necessary through such agency authorized by him as he may deem fit and such attachment shall have the same effect as if it had been made by a competent Civil Court.
(1) If the Registrar, after an inquiry has been held under Section 59, or an inspection has been made under Section 60 or on receipt of an application made by not less than three-fourths of the members of a society, is of opinion that the society ought to be wound up, he may issue an order directing it to be wound up.
(2) The Registrar may of his own motion make an order directing the winding up of a society,-
(a) where the society has not commenced working within a reasonable time of its registration or has ceased to work; or
(b) where in the opinion of the Registrar the society has been working mainly for promoting the interest of any individual or group of individuals and not of the members generally; or
(c) where the society has ceased to comply
1[Notwithstanding anything to the contrary contained in this Act, the Registrar shall make an order for winding up of a Co-operative Bank, if so required by the Reserve Bank of India in the circumstances mentioned in Section 13-D of the 2 [Deposit Insurance and Credit Guarantee] Corporation Act, 1961 (No. 47 of 1961)
__________________________
1. Inserted by M.P. Act No. 8 of 1970.
2. Substituted by M.P. Act No. 25 of 1988 [w.e.f. 28-6-1988].
1[Where a co-operative Bank, being an insured bank within the meaning of the Deposit Insurance Corporation Act, 1961 (No. 47 of 1961), is wound up, or taken into liquidation, and the Deposit Insurance Corporation has become liable to the depositors of the insured bank under sub-section (1) of Section 16 of that Act, the Deposit Insurance Corporation shall be reimbursed in the circumstances, to the extent and in the manner provided in Section 21 of the Deposit Insurance Corporation Act, 1961 (No. 47 of 1961)].
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1. Inserted by M.P. Act No. 8 of 1970.
(1) Where the Registrar has made an order under Section 69 for the winding up of a society, he may appoint a liquidator for the purpose and fix his remuneration and may also remove at any time any person appointed as liquidator and appoint another instead :
6[Provided that in respect of a co-operative bank ordered to be wound up on requisition from the Reserve Bank, the liquidator shall not be appointed or removed without the previous sanction of Reserve Bank].
(2) A liquidator shall, on appointment, take into his custody or under his control all the property, effects and actionable claims to which the society is or appears to be entitled and shall take such steps as he may deem necessary or expedient, to prevent loss deterioration of, or damage to such property, effects and claims.
2[(3) Wher
1[After the appointment of the liquidator, all powers of the Committee of a Society, whether elected or nominated, shall cease and the employees of the Society shall thereafter work under the control and supervision of the liquidator.]
____________
1. Inserted by Section 13 of M.P. Act No. 20 of 1999 [w.e.f. 7-8-1999].
(1) Subject to any rules made in this behalf the whole of the assets of a society in respect of which an order for winding up has been made, shall vest in the liquidator appointed under Section 70 from the date on which the order takes effect and the liquidator shall have power to realize such assets by sale or otherwise.
(2) Such liquidator shall also have power, subject to the control of the Registrar-
(a) to institute and defend suits and other legal proceedings on behalf of the society by the name of his office;
(b) to determine from time to time the contribution (including debts due) to be made or remaining to be made by the members or past members or by the estates or nominees, heirs or legal representatives of deceased members or by any officers or former officers, to the assets of the
After all the liabilities including the paid-up share capital of a wound up society have been met, the surplus assets shall not be divided amongst its members but they shall be applied to any object described in the bye-laws of the society and when no object is so described, to any object of public utility determined, by the general meeting of the society and approved by the Registrar or they may, in consultation with them either be assigned by the Registrar in whole or in part to any or all of the following-
(a) an object of public utility or local or civic interest; or
(b) the Madhya Pradesh Co-operative Union Ltd., or any other institution or Union; or
(c) may be placed on deposit with a Central Co-operative Bank until such time as a new society with similar conditions is registered when wi
(1) No person other than a society registered under this Act and a person or this successor in his interests of any name or title under which he traded or carried on business at the date on which this Act came 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 who is a member of a society formed in contravention of sub-section (2) of Sec. 14 and every person contravening the provisions of sub-section (1) shall be punishable with a fine which may extend to two hundred rupees and in the case of a continuing offence with further fine of five rupees for each day on which the offence is continued after conviction therefore.
It shall be an offence under this Act, if-
(a) a committee or an officer or member thereof willfully makes a false report or furnishes false information or dishonestly fails to maintain accounts or dishonestly maintains false accounts; or
(b) any person collecting share money for a society in formation does not deposit the same in the Madhya Pradesh State Co-operative Bank Ltd., a Central Co-operative Bank, an Urban Co-operative Bank or a Postal Savings Bank, within fourteen days of its receipt; or
(c) a person collecting the share money for a society in formation makes use of the funds so raised for conducting any business or trading in the name of a society to be registered or otherwise; or
(d) any officer of a society willfully recommends or sanc
Every committee, officer or past officer or member or past member or an employee or past employee of a society or any other person shall, without prejudice to any action that may be taken against him under any law for the time being in force, be liable to be punished:-
(a) with fine not exceeding Rs. 2,000, provided that he is convicted of an offence referred to in Section 74 (a);
(b) with fine not exceeding Rs. 1,000, provided that he is convicted of an offence referred to in Section 74 (b); or
(c) with fine not exceeding Rs. 1,000, provided that he is convicted of an offence referred to in Section 74 (c); or
(d) with fine not exceeding Rs. 2,000, provided that he is convicted of an offence referred in Section 74 (d); or
(1) No Court inferior to that of a Magistrate of the First Class shall try any offence under this Act.
(2) No prosecution shall be instituted under this Act without the previous sanction in writing of the Registrar and such sanction shall not be given without giving to the person concerned an opportunity to represent his case.
1[(1) The State Government shall, by notification, constitute a Tribunal called the Madhya Pradesh State Co-operative Tribunal to exercise the powers and to discharge the functions conferred or imposed on the Tribunal by or under this Act and the Madhya Pradesh Swayatta Sahkarita Adhiniyam, 1999 (No. 2 of 2000)]
(2) The Tribunal shall consist of the Chairman and two other members.
(3) (a) No person shall be qualified to be the Chairman of the Tribunal unless he had been a Judge of a High Court or has held the office of a District Judge for not less than five years.
(b) Of the other two members, one shall be an officer of Co-operative Department not below the rank of Joint Registrar and the other shall be non-official closely associated with the co-operative movement or an Advocate or a Ple
(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 such order in reference thereto 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 the 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 mistake or error apparent on the face of the record, or any other sufficient reason :
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.
(1) In exercising the powers conferred on it by or under this Act, the Tribunal shall have all the powers as are vested in Civil Court while trying a suit under the Code of Civil Procedure, 1908 (No. V of 1908), in respect of the following matters, namely :-
(a) proof of facts by affidavits;
(b) summoning and enforcing the attendance of any person and examining him on oath;
(c) compelling discovery or the production of any document; 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) Save where it has been otherwise provided, an appeal shall lie from every original order under this Act or the rules made there under :-
(a) if such order is passed by an officer subordinate to Registrar, other than Additional Registrar or Joint Registrar, whether or not the Officer passing the order is invested with the powers of the Registrar, to the Registrar;
(b) if such order is passed by the Registrar, Additional Registrar or Joint Registrar, to the Tribunal.
(2) A second appeal shall lie against any order passed in the first appeal by the Registrar, to the Tribunal on any of the following ground, and no other namely :-
(i) that the order is contrary to law; or
(ii) that the order has failed to
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.
Notwithstanding anything to the contrary contained in this Act, where with previous sanction in writing or on the requisition of the Reserve Bank of India,
(i) an order for the winding up of a co-operative bank is made; or
(ii) a scheme of compromise or arrangement or of reconstruction or re-organization or amalgamation is made or is given effect to; or
(iii) an order for the supersession or suspension of the committee by whatever name called of a Co-operative Bank and the appointment of an Administrator therefore, has been made;
no, appeal, revision or review there against shall lie or be permissible, and such order or the sanction or requisition of the Reserve Bank of India shall not be liable to be called in question.
Subject to the provisions of Section 78, the Registrar, Additional Registrar, Joint Registrar, or the Deputy Registrar may make over any case or cases arising under the provisions of this Act, for decision from his own file to any officer subordinate to him competent to decide such case or class of cases or may withdraw any case or class of cases from any such officer and may deal with such case or class of cases himself or refer the same to any other officer subordinate to him and competent to decide such case or class of cases.]
1[The Registrar, may at any time on his own motion or on the application made by any party, call for and examine the record of any enquiry or the proceedings by any sub-ordinate officer or a decision of a Committee of a Society for which Government has contributed to its share capital or has given loans or financial assistance or has guaranteed the repayment of loans granted in any other form for the purpose of satisfying himself as to the legality or propriety of any decision or order passed and as to the regularity of the proceedings of such officer or committee. If in any case, it appears to the Registrar that any decision or order or proceedings so called for should be modified, annulled or reversed, the Registrar, may pass such order thereon as he may deem fit :
Provided that no order under this Section shall be made to the prejudice of any party unless such party has had an o
1[Every appeal or revision or any other proceeding pending before the Board of Revenue or the State Government, as the case may be, immediately before the date of constitution of Madhya Pradesh State Co-operative Tribunal under this Act, shall stand transferred to the Tribunal.]
____________
1. Inserted by Sec. 14 of M.P. Act No. 20 of 1999 [w.e.f. 1-5-1999].
(1) All sums due from a society or from an officer, member or past member or a deceased member of a society as such to State Government including any costs awarded to Government under any provisions of this Act, may, on a certificate issued by the Registrar in this behalf, be recovered in the same manner as arrears of land revenue.
(2) Sums due from a society to the State Government and recoverable under sub-section (1) may be recovered-
(a) firstly, from the property of the society;
(b) secondly, in the case of a society the liability of the members of which is limited, from the members, past members, or estates of the decreased members subject to the limit of their liability :
Provided that the liability of a legal representative of the deceased s
1[(1) If a co-operative society is unable to pay its debts to a financing bank from which it has borrowed, by reasons of its members committing default in the payment of money due by them, the financing bank may direct the committee of such society to proceed against such members by taking action under Section 64.
(2) If the committee of the Co-operative society fails to proceed against its defaulting members within a period of ninety days from the date of receipt of such direction from the financing bank, the financing bank itself may proceed against such defaulting members in which event, the provisions of this Act, the rules and byelaws made there under shall apply as if all references to the society or its committee in the said provisions, rules and byelaws were references to the financial bank.
(3) Where a financing bank has obtaine
(1) Save as provided in this Act, no civil or revenue Court shall have any jurisdiction in respect of-
(a) the registration of a society or of bye-laws or of an amendment of a bye-law;
(b) the removal of a committee and the management of the society after such removal;
(c) any dispute, required to be referred to the Registrar or his nominee or board of nominees;
(d) any matter concerning the winding up and the dissolution of a society.
(2) While a society is being wound up, no suit or other legal proceedings relating to the business of such society shall be proceeded with, or instituted against, the liquidator as such or against the society or any member thereof, except by leave of the Registrar and subje
Any sum awarded by way of costs under Section 62, may be recovered, on an application by the Registrar to a Magistrate having jurisdiction in the place where person from whom the money is claimable resides, or carries on business, by sale of any property within the limits of the jurisdiction of such Magistrate, belonging to such, person, and such Magistrate shall proceed to recover the same, in the same manner as if it were a fine imposed by himself.
1[Notwithstanding anything contained in Chapter VII or any other law for the time being in force, but without prejudice to any other mode of recovery provided in this Act, the Registrar or any person empowered by the Registrar in this behalf, may on an application of the society and subject to such rules as State Government may make in this behalf, make an order directing the payment of any debt or outstanding demand due to the society by any member or past or deceased member by attachment and sale or transfer by any other mode for such period and subject to such terms and conditions as the Registrar or such other person may specify, of the property or any interest therein which is subject to a charge under 2 [sub-section (1) of Section 40, sub-section (1) of Section 41], and sub-sections (1), (2) and (3) of Section 42 :
Provided that no order shall be made under this section unles
1[2 [Recovery of sums due to certain societies]
(1) Notwithstanding anything contained in Sections 64, 69 and 78 on an application made by a co-operative housing society or Madhya Pradesh State Co-operative Housing Federation 3 [or primary urban Co-operative Bank] for recovery of arrears of its dues, the Registrar may, after making such enquiry as he deems fit, grant a certificate for the recovery of the amount stated therein to be due as an arrear.
(2) The certificate granted by the Registrar shall be final and conclusive proof of the arrears stated therein, and the same shall be recoverable as arrears of land revenue.]
__________________________
1. Inserted by MP Act No. 12 of 1994 [w.e.f. 8.5.94].
2. S
1[2[Every order or award passed or decision given by the Registrar under any provision of this Act, every order passed by the Appellate or Revisional Authorities and every order made, decision given by the Liquidator, if not carried out]-
(a) on a certificate signed by the Registrar or any person authorized by him in this behalf be deemed to be decree of a Civil Court and shall be executed in the same manner as a decree of such Court; or
(b) be executed according to the law and under the rules for the time being in force for the recovery of arrears of land revenue; or
(c) be executed by the Registrar or any other person empowered by the Registrar in this behalf, by the attachment and transfer in the manner as may be prescribed or sale or sale without attachment of any property of the person or
Where against any person an order to deliver possession of immovable property has been passed under this Act, such order shall be executed in the following manner, namely :-
(a) by serving a notice on the person or persons in possession requiring him/them within such time as may appear reasonable after the receipt of the said notice, to vacate the same; and
(b) if such notice is not obeyed, by removing or deputing a subordinate to remove any person who may refuse to vacate the same; and
(c) if the officer removing any such person is resisted or obstructed by any person, appoint any of the officers specified in Section 3, who shall hold a summary inquiry into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause, and that such resistance or obstru
(1) Every notice or order issued or made under this Act, the rules or bye-laws be served on any person by properly addressing it to the last known place of residence or business of such person by registered post with acknowledgment due letter containing the notice or order:
1[Provided that a notice relating to a meeting called by a co-operative society shall be issued under certificate of posting and/or be issued by hand delivery after obtaining acknowledgment of the receipt thereof.]
(2) An acknowledgment purporting to be signed by such person or an endorsement by a postal employee that the person refused to take delivery may be deemed to be prima facie proof of service :
2[Provided that if service of the notice cannot be effected by any manner provided under this Act, or rules made there und
1[Every officer or person as well as employee of a Co-operative Bank or a co-operative society or an authority exercising or authorized to exercise the powers under this Act or the Rules or bye-laws made there under shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (XLV of 1860).]
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1. Substituted by M.P. Act No. 28 of 1982 [w.e.f. 29-10-1982].
No suit, prosecution or other legal proceedings shall lie against the Registrar or any person subordinate to him or acting under his authority, in respect of anything done or purporting to have been done by him in good faith under this Act.
(1) In exercising the powers conferred on him by or under this Act, the Registrar, his nominee or board of nominees, or any other person deciding a dispute and the liquidator of a society shall have all the powers of a Civil Court while trying a suit, under the Code of Civil Procedure, 1908 (V of 1908), in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) proof of facts by affidavits; and
(d) issuing commissions for examination of witnesses.
(2) In the case of any affidavit, any officer appointed by the Registrar, his nominee or board of nominees or the liquidator, a
The Registrar or any person empowered by him in this behalf shall be deemed, when exercising any powers under this Act for the recovery of any amount by the attachment and sale or by sale without attachment of any property, or when passing any orders on any application made to him for such recovery or for taking a step in aid of such recovery, to be a Civil Court for the purposes of Article 182 of the First Schedule to the Indian Limitation Act, 1908 (IX of 1908).
1[x x x]
___________
1. Omitted by MP Act No. 12 of 1994 [w.e.f. 8-5-94].
The provisions of the Companies Act, 1956 (I of 1956) shall not apply to societies registered under this Act.
Nothing contained in the Madhya Pradesh Shops and Establishments Act, 1958 (25 of 1958), the Madhya Pradesh Industrial Workmen (Standing Orders) Act, 1959 (19 of 1959) and the Madhya Pradesh Industrial Relations Act, 1960 (27 of 1960) shall apply to a society registered under this Act.
No suit shall be instituted against a society or any of its officers in respect of any act touching the constitution, management or 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 plaint shall contain a statement that such notice has been so delivered or left.
Section 94 of the Madhya Pradesh Co-operative Societies Act, 1960, pertains to the procedural requirements for initiating suits or legal proceedings against a cooperative society, emphasizing the necessity of prior notice to the society before such legal action is commenced.
Section 94 mandates that no suit or proceeding can be instituted against a cooperative society for the recovery of any debt or demand unless a notice has been served on the society. The section specifies the nature and contents of the notice and the period within which the society must respond before legal proceedings can be initiated.
Note: The references are based on the provided sources, primarily emphasizing the procedural and protective aspects of Section 94 within the Madhya Pradesh Co-operative Societies Act, 1960.
(1) The Government may, for the whole or any part of the State and for any society or class of societies, make rules for the conduct and regulation of the business of such society or class of societies and for carrying out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may-
(a) subject to the provisions of Section 3 prescribe the delegation of powers vested in the Registrar to persons appointed to assist the Registrar 1 [and prescribe the manner of forwarding the copies of the proposed amendment of the bye-laws to the Registrar].
(b) prescribe the forms to be used and the conditions to be complied with in the making of applications for the registration of a society and the procedure in the matter of such appl
(1) The Co-operative Societies Act, 1912 (II of 1912), in its application to Mahakoshal region, the Madhya Bharat Co-operative Societies Act, 1955 (9 of 1955), the Vindhya Pradesh Co-operative Societies Ordinance, 1949 (XXI of 1949), the Bhopal State Co-operative Societies Act, 1937 (XI of 1937) and the Rajasthan Co-operative Societies Act, 1953 (IV of 1953) in its application to the Sirnoj region are hereby repealed.
(2) Notwithstanding such repeal-
(i) any society registered or deemed to have been registered under the enactment specified in sub-section (1) shall be deemed to be registered under this Act and its bye-laws shall, so far as the same are not inconsistent with the provisions of this Act be deemed to be registered under this Act and continue in force until altered or rescinded;
(ii
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