Section 14 of Co-operative Societies Acts (e.g., Maharashtra, Kerala, Punjab, Karnataka) - Primarily pertains to amendments, approval of bye-laws, and transfer of assets/liabilities within co-operative societies. It often involves procedural compliance, amendments to existing bye-laws, or approval processes for changes in society structure. Kisan Narayan Shriram VS State of Maharashtra - Bombay, U. A. Lathif MLA VS State of Kerala, Represented by the Secretary to Government, Department of Co-operation, Government Secretariat - Kerala, CHENGOTTIL RAGHAVAN vs JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES GENERAL - Kerala
Section 14A of Karnataka Co-operative Societies Act, 1959 - Addresses the amalgamation or division of societies. It empowers the State Government to direct such processes, including cancellation of registration in certain cases. Legal challenges to these provisions, especially regarding validity and procedural adherence, have been discussed, with courts examining the legality of amalgamation orders under this section. C. NARAYANASWAMY VS STATE OF KARNATAKA - Karnataka, Shiriyara Vyavasaya Sahakari Bank Niyamith VS State of Karnataka - Karnataka, Shiriyara Vyavasaya Sahakari Bank Niyamith VS State of KarnatakaDirector - Karnataka
Power of the Registrar or Liquidator - Under Section 105(1)(h) (Maharashtra) and similar provisions, authorities like the Registrar or Liquidator are empowered to oversee and approve amendments, mergers, or liquidation processes, ensuring compliance with statutory provisions. Kalpana VS Joint Registrar, Co-operative Societies, Amravati - Bombay
Court Interpretations and Challenges - Courts have scrutinized the procedural correctness of amendments, amalgamations, and transfer of assets under these sections, emphasizing adherence to statutory requirements and member notice. Challenges often involve procedural violations, lack of transparency, or non-compliance with rules governing transfers and mergers. U. A. Lathif MLA VS State of Kerala, Represented by the Secretary to Government, Department of Co-operation, Government Secretariat - Kerala, CHENGOTTIL RAGHAVAN vs JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES GENERAL - Kerala, Bhag Singh VS Ranjodh Singh - Punjab and Haryana
Analysis and Conclusion:
Section 14 of the Maharashtra Co-operative Societies Act, 1960, and similar provisions in other states govern amendments, mergers, and transfer of assets and liabilities of co-operative societies. These provisions require adherence to prescribed procedures, including member approval and statutory compliance. Courts have played a significant role in interpreting these sections, ensuring that procedural safeguards are maintained in amendments and amalgamations. Challenges typically arise from alleged procedural lapses or violations of statutory norms. Overall, Section 14 and its related provisions serve as legal frameworks to facilitate structural changes within co-operative societies while safeguarding member interests and statutory compliance.
Maharashtra Co-operative Societies Act, 1960 - Section 105(1)(h) - Maharashtra Co-operative Societies Rules, 1961, Rule 89(14) - ... Co-operative Societies Act, 1960, Section 105(1)(h) - Power of Liquidator. - According to provisions of Section 105(1)(h), power ... ... Maharashtra Co-operative Societies Rules, 1961 - Rule 89(14) - Maharashtra ... In exercise of....
(A) Karnataka Co-operative Societies Act, 1959 - Section 70 - Karnataka Co-operative Societies Rules, 1960 - Rule 14-AG(5) - Election ... Mahesh Chandra, appearing for the appellant, submits that the correctness or otherwise of the rejection of the nomination papers constitutes an election dispute under Section 70 of the KARNATAKA CO-OPERATIVE SOCIETIES ACT , 1959 (hereinafter referred to as 'the Act ... Learned Advocate further sub....
under Section 14 of the Maharashtra Co-operative Societies Act. ... Co-operative Society - Maharashtra Co-operative Societies Act - Section 14, Rule 13 - The court discussed the amendments proposed ... to the bye-laws of the co-operative society under Section 14 of the Maharashtra Co-operative Societies Act and the relevant rules ... "rules hav....
(a) transfer its assets and liabilities in whole or in part to any other co- operative societies. ... The brief facts on which this writ petition is founded are epitomized as under :- ... There are about 10 Co-operative House Building Societies at Siwani registered under the Haryana Co-operative Societies Act, 1984 (hereinafter referred to as the Act), the main object of which is to
Kerala Co-operative Societies Act, 1969 - Section 14, A, 74H, A - Kerala Co-operative Societies Amendment ... , 1950 - Article 246, 366(1) - Income Tax Act, 1961 - Section 2(1A) - DICGC Act - Section 13C(i) - Co-operative Societies - Challenge ... Act, 2019 - Kerala Co-operative Societies (Amendment) Act, 2021 - Banking Regulation Act, 1949 - Section 44A - Const....
This writ petition concerns the challenge to an order of amalgamation of two co-operative societies under Section 14-a of the ... Karnataka Co-Operative Societies Act 1959. ... to the validity of Section 14-a(1-a) of the Act. ... Cancellation of registration certificates of co-operative societies in certain cases ; (2) where two or more co-operative societies are amalgamated into....
The provisions cited are Section 14, deleted Section 14A, and Section 30B of the Karnataka Co-operative Societies Act, 1959. ... Section 30B empowers the State Government to issue directions to co-operative societies, which must be complied with. ... Co-operative Bank - Bifurcation of South Canara District Central Co-operative Bank - Karnataka Co-operative Societies#HL_....
The provisions cited are Section 14, deleted Section 14A, and Section 30B of the Karnataka Co-operative Societies Act, 1959. ... Co-operative Bank - Bifurcation of South Canara District Central Co-operative Bank - Karnataka Co-operative Societies Act, 1959 ... power of the State Government to issue directions for amalgamation and division of co-operative societies. ... The provis....
The court interpreted Section 14(1) of the Punjab Co-operative Societies Act, 1961, and Rule 17 of the Punjab Co-operative Societies ... Rules, 1963, as amended by Section 14(1) of the Punjab Co-operative Societies (Amendment) Act, 1973, and Rule 17 of the Punjab Co-operative ... (PUNJAB ACT 25 OF 1961), SEC. 14(1) - PUNJAB CO-OPERATIVE SOCIETIES#HL_EN....
Co-operative - Service Co-operative Bank - Kerala Co-operative Societies Act - Section 14, Rule 13(3) - The court concluded that ... Issues: Whether the transfer of assets and liabilities was conducted in compliance with the Kerala Co-operative Societies ... Bank to a Regional Co-operative Bank, claiming procedural violations and lack of member notice. ... This writ petition is filed challenging Ext.P5 proceedings of Joint Registra....
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