EXECUTION OF DECREES, DECISIONS, AWARDS AND ORDERS
133. Power of the Registrar to recover certain sums by attachment and sale of property.- The Registrar or any person subordinate to him empowered by the Registrar in this behalf may, subject to the rules and without prejudice to any other mode of recovery provided by or under this Act, recover-
(a) any sum due under a decree or an order of a civil court, a decision or an award of the Registrar or any person subordinate to and empowered by the Registrar or, arbitrator or, arbitrators or an order of the Registrar; or
(b) any sum due from a registered society or from an officer, former officer, member or past or deceased member of a registered society as such to the Government including any costs awarded to the Government in any proceedings under this Act; or
(c) any sum ordered to be paid towards the expenses of a general meeting of a registered society called under sub-section (4) of section 31 or sub- clause (ii) of clause (d) of sub-section (2) of section 75; or
(d) any sum-awarded by way of costs under section 78 to a registered society including a financing bank; or
(e) any sum ordered under section 128 to be recovered as a contribution to the assets of a registered society or as costs of liquidation; or
(f) any sum ordered under section 82 to be repaid to a registered society or recovered as a contribution to its assets; together with the interest, if any, due on such sum and the costs of process by the attachment and sale or by the sale without attachment of the property of the person against whom such decree, decision, award or order, has been obtained or passed.
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134. Recovery of debts.- Notwithstanding anything contained in this Act or in any other law for the time being in force and without prejudice to any other mode of recovery which is being taken or may be taken, the Registrar or any person subordinate to him empowered by the Registrar in this behalf, may, subject to the rules and on application from a registered society for the purpose, recover any debt or outstanding demand due to the society by any member or past or deceased member by sale of the property or interest in property which is subject to a charge under sub-section (1) of section 39:
Provided that no sale shall be ordered under this section unless the member or past member or the nominee, heir or legal representative of the deceased member has been served, in the manner prescribed, with a notice of the application to sell and has failed to pay the debt or outstanding demand within seven days from the date of such service.
135. Powers of financing bank to proceed against member of a registered society for recovery of moneys due to it from such society.- (1) If a registered society is unable to pay its debts to a financing bank by reason of its members committing default in the payment of the moneys due by them, the financing bank may direct the committee of such society to proceed against such member under section 84 or section 133 as the case may be, and if the committee fails to do so within a period of ninety days from the date of receipt of such direction, the financing bank itself may proceed against such members under section 84 or section 133, in which case, the provisions of this Act, the rules or the by-laws shall apply as if all references to the society or its committee in the said provisions were references to the financing bank.
(2) Where a financing bank has obtained a decree or award against a society in respect of moneys due to it from the society, the financing bank may proceed to recover such moneys firstly from the assets of the society and secondly from the members to the extent of their debts due to the society.
136. Recovery of sums due to agricultural credit society.- Without prejudice to any other mode of recovery which is being taken or may be taken, any sum due to an agricultural credit society, may, if so resolved by the committee of the society, be recovered as if it were an arrear of land revenue and for the purposes of such recovery the Registrar shall have the powers of a Collector under the Puducherry Revenue Recovery Act, 1970 (Act 14 of 1970).
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137. Registrar or person empowered by him to be civil court for certain purposes.- The Registrar or any person empowered by him in that behalf shall be deemed, when exercising any power under this Act for the recovery of any amount by the attachment and sale or by the sale without attachment of any property, or when passing any orders on any application made to him for such recovery, to be a civil court.
138. Recovery of sums due to Government.- (1) All sums due from a registered society or from an officer, former officer, member or past or deceased member of a registered society as such to the Government including any costs awarded to the Government in any proceeding under this Act may be recovered in the same manner as arrears of land revenue.
(2) Sums due from a registered society to the Government and recoverable under sub-section (1) may be recovered, first, from the property of the registered society, secondly, in the case of a society the liability of the members of which is limited, from the members, past members or the estates of deceased members subject to the limit of their liability and, thirdly, in the case of other societies, from the members, past members or the estates of deceased members:
Provided that the liability of past members and of the estates of deceased members shall in all cases be subject to the provisions of section 30.
CHAPTER - XV
APPEALS, REVISION AND REVIEW
139. Co-operative Tribunal.- (1) The Government may constitute as many Tribunals as may be necessary for the purposes of this Act.
(2) Each Tribunal shall consist of one person only who shall be a judicial officer not below the rank of a subordinate Judge.
(3) Each Tribunal shall have such jurisdiction and over such area, as the Government may, by notification from time to time, determine.
140. Appeals.- (1) Any person aggrieved by--
(a) any decision passed or order made under sub-section (1) of section 82, section 83, sub-section (2), sub-section (3) or sub-section (4) of section 84, section 126, section 133 or section 157; or
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(b) any award of an arbitrator or arbitrators under sub-section
(2) or sub-section (3) of section 84, may appeal to the tribunal:
Provided that nothing contained in clause (a) or clause (b) of this sub-section shall apply to-
(i) any decision, order or award under sub-section (2), sub-section
(3) or sub-section (4) of section 84 in respect of any matter relating to or in connection with the constitution of a committee including any election thereto; or
(ii) any order of transfer, reference, withdrawal or retransfer of a dispute under sub-section (2) or sub-section (3) of section 84.
(2) (a) Any person aggrieved by any decision under section 7, section 9, section 11, section 12, section 14, section 24, section 34, section 35, section 120, section 121, section 123, or section 124, may appeal, if such decision, refusal, registration, approval or order is that of --
(i) the Registrar of Co-operative societies for Puducherry, to the Government; or
(ii) any other person, to the Registrar. Explanation - For the purpose of this clause "person aggrieved" means in relation to section 11 or section 12, or section 14, the registered society.
(b) Any person, who is refused admission to a registered society under section 20 or who is aggrieved by any order of the liquidator under sections 128 may appeal to the Registrar.
(3) Any appeal under sub-section (1) or sub-section (2) shall, subject to the other provisions of this Act, be preferred within two months from the date of the decision, order, award, refusal, registration or approval complained of:
Provided that the appellate authority may admit an appeal preferred after the said period of two months, if it is satisfied that the appellant had sufficient cause for not preferring appeal within the said period.
(4) In disposing of an appeal under this section, the appellate authority may, after giving the parties an opportunity of making their representations, pass such order thereon as the appellate authority may deem fit.
(5) The decision or order of the appellate authority on appeal shall be final.
(6) The appellate authority may pass such interlocutory orders pending the decision on the appeal as the appellate authority may deem fit.
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(7) The appellate authority may award costs in any proceedings before the appellate authority to be paid either out of the funds of the registered society or by such party to the appeal as the appellate authority may deem fit.
141. Revision.- (1) The Registrar may, of his own motion or on application, call for and examine the record of any officer subordinate to him and the Government may of its own motion or on application call for and examine the record of the Registrar, in respect of any proceeding not being a proceeding in respect of which an appeal to the tribunal is provided by sub-section (1) of section 140, to satisfy himself or itself as to the legality, regularity or propriety of any decision passed or order made therein; and if, in any case, it appears to the Registrar or the Government, as the case may be, that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, he or it may pass orders accordingly:
Provided that every application to the registrar or to the Government for the exercise of the powers under this section shall be preferred within three months from the date on which the proceedings, decision or order to which the application relates was communicated to the applicant.
(2) No order prejudicial to any person shall be passed under sub-section (1) unless such person has been given an opportunity of making his representation.
(3) The Registrar or the Government, as the case may be, may suspend the execution of the decision or order pending the exercise of his or its power under sub- section (1) in respect thereof.
(4) The Registrar or the Government may award costs in proceedings under this section to be paid either out of the funds of the society or by such party to the application for revision as the Registrar or the Government may deem fit.
142. Review.- (1) The appellant or the applicant for revision or the respondent may apply for the review of any order passed under section 140 or section 141 on the basis of the discovery of new and important facts which, after the exercise of due diligence, were not then within his knowledge or could not be produced by him when the order was made, or on the basis of some mistake or error apparent on the face of the record or for any other sufficient reason:
Provided that no application for review shall be preferred more than once in respect of the same order.
(2) Every application for review shall be preferred within such time and in such manner as may be prescribed.
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(3) The decision or order passed on the application in review shall be final.
(4) The authority competent to pass order on an application for review may pass such interlocutory orders pending the decision on the application for review as that authority may deem fit.
(5) The authority referred to in sub-section (4) may award costs in any proceedings for review to be paid either out of the funds of the registered society or by such party to the application for review as it may deem fit.
143. Execution of orders passed in appeal, revision or review.- Any order passed by the Tribunal, the Registrar or the Government under section 140, 141 or 142 shall be enforced by such authority and in such manner as may be prescribed.
144. Bar of jurisdiction of Civil Courts.- No order or award passed, decision or action taken or direction issued under this Act by an arbitrator, a liquidator, the Registrar or an officer authorised or empowered by him, the Tribunal or the Government or any officer subordinate to them, shall be liable to be called in question in any court.
145. Tribunal, Registrar, etc., to have certain powers of Civil Court.- (1) In exercising the functions conferred on it or him by or under this Act, the Tribunal, the Registrar, the arbitrator 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 (Central Act 5 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) receiving evidence on affidavits; and
(d) issuing commissions for the examination of witnesses.
(2) In the case of any affidavit, any officer appointed by the Tribunal, the Registrar, the arbitrator or any other person deciding a dispute or the liquidator, as the case may be, may administer the oath to the deponent.
146. Orders to be pronounced.- In cases where parties have been heard, the order, decision or award made or given by the Registrar or any officer or other person or a liquidator shall be pronounced on the day on which the case is finally heard or on some future day of which due notice shall be given to the parties.
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CHAPTER - XVI
OFFENCES AND PENALTIES
147. Punishment for furnishing false information or disobeying summons or other lawful order, requisition or direction.- The committee of a registered society which, or an officer, employee, or a paid servant or any member of the society, who, wilfully makes a false return or furnishes false information, or any person who wilfully or without any reasonable excuse, disobeys any summons, requisition or other lawful order or direction issued under the provisions of this Act, or who wilfully withholds or fails to furnish any information lawfully required from him by a person authorised in this behalf under the provisions of this Act, shall be punishable with fine which may extend to two hundred rupees.
148. Punishment for acting in contravention of section 39, 40 or 120.- Any person who acts in contravention of sub-section (2) of section 39 or fails to deposit or entrust to custody, property subject to a prior charge in favour of any registered society when required to do so by the society under sub-section (3) of that section or who acts in contravention of clause (iii) of section 40 or sub-section (3) of section 120 shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.
149. Prohibition of the use of the word "co-operative" or its equivalent.-
(1) No person other than a registered society shall trade or carry on business under any name or title of which the word "co-operative" or its equivalent in any regional language forms part of it without the sanction of the Government.
(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred rupees and in the case of a continuing offence with further fine of fifty rupees for each day on which the offence is continued after conviction therefor.
150. Punishment for failure to give effect to decisions or award in references.- The Committee of any registered society or an officer or an employee or a paid servant thereof who fails to give effect to any order passed on the appeal filed under sub-section (2) of section 20 or sub-section (4) of section 23 or to any decision or award under section 84 or, where an appeal against such decision or award has been filed, to the order passed by the appropriate appellate authority, such decision or award or order not being a money decree, shall be punishable with fine which may extend to five hundred rupees.
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151. Punishment for misuse of the properties of a registered society.- The committee of any registered society or an officer or an employee thereof who uses or allows the use of the properties of the society otherwise than in the manner prescribed in the rules and the by-laws or contravenes the provisions of section 70 in any manner shall be punishable with fine which may extend to five hundred rupees.
152. Corrupt practices.- (1) The following shall be deemed to be corrupt practices for the purposes of this Act-
(i) receipt or sanction of a benami loan;
(ii) receipt of illegitimate gratification in cash or in kind in the course of dealings on behalf of the society;
(iii) signing of the minutes of the committee meeting without attending the meeting; and
(iv) misuse of any money of the society.
(2) A person found guilty of any corrupt practice shall be punishable with fine which may extend to five hundred rupees or imprisonment for not more than one year or both.
(3) A person convicted under sub-section (2) shall be disqualified to hold office in any society for a period of six years from the date of such conviction.
(4) If any person collecting the share money for a society-in-formation does not deposit the same in the financing bank, a Postal Savings Bank or in any other bank approved by the Registrar within 14 days of its receipt, he shall be punishable with fine which may extend to five hundred rupees.
(5) If any person collecting the share money for a society-in-formation makes use of the funds so raised for conducting any trade or business in the name of the society to be registered or otherwise, he shall be punishable with fine which may extend to five hundred rupees.
(6) The provisions of this section shall be without prejudice to any action that may be taken against the offenders under any other law for the time being in force.
153. Registrar and other officers to be public servants.- (1) The Registrar or a person exercising the powers of the Registrar or any person authorised by him under any provisions of this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).
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(2) Every paid officer or employee of a registered society shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).
154. Punishment for offences not otherwise provided for.- Any registered society or any officer or member thereof or any other person guilty of an offence under this Act for which no punishment is expressly provided herein shall be punishable with fine not exceeding fifty rupees.
155. Cognizance of offences.- (1) No court inferior to that of a Sub-divisional Magistrate shall try any offence under this Act.
(2) Every offence under this Act shall, for the purpose of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898)*, be deemed to be non-cognizable.
(3) No prosecution shall be instituted under this Act without the previous sanction of the Registrar.
156. Securing possession of records.- (1) Where the committee of a registered society is reconstituted at a general meeting of the society, or is superseded by the Registrar and a special officer or managing committee is appointed under section 83 or where the society is ordered to be wound up and a liquidator is appointed under section 127 and such reconstituted committee, special officer, managing committee or liquidator as the case may be is resisted in or prevented from, obtaining possession of the books, accounts, document, securities, cash and other properties, whether movable or immovable, of the society (hereinafter in this section referred to as the records and properties of the society) by the committee which has been reconstituted or superseded or by the society which has been ordered to be wound up or by any person who is not entitled to be in possession of the records and properties of the society, any Sub-divisional Magistrate in whose jurisdiction the office of the society or the records and properties of the society is or are situated shall, on application by the reconstituted committee, special officer, managing committee or liquidator and on production of a certificate from the Registrar in the prescribed form setting forth that the committee of the society has been reconstituted or superseded or that society has been ordered to be wound up and that a special officer or managing committee or liquidator has been appointed as aforesaid, direct delivery to the reconstituted committee, special officer, managing committee or liquidator, as the case may be, of the possession of the records and properties of the society.
(2) No certificate shall be issued by the Registrar under sub-section (1) without making such inquiry as he deems necessary.
* Now, the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
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(3) For the purpose of the proceedings under sub-section (1), the certificate aforesaid shall be conclusive evidence that the records and properties to which it relates belong to the registered society.
(4) The Sub-divisional Magistrate referred to in sub-section (1) may, pending disposal of an application for directing delivery to the reconstituted committee, special officer, managing committee or liquidator of the possession of the records and properties of the society mentioned in the certificate by the Registrar, appoint a Receiver to take possession of such records and properties or such portion thereof as may be necessary. The remuneration, if any, paid to the Receiver and other expenses incurred by him shall be paid out of the funds of the registered society concerned.
(5) Where the Registrar or any other officer not below the rank of Co-operative Sub-Registrar authorised by him in this behalf in the course of audit, inspection, inquiry or supervision is of opinion that there is room to suspect gross negligence of duties, misappropriation or misuse of funds of the society or irregularity in recording proceedings or keeping accounts or books or is satisfied that the records, registers or the account books of a society are likely to be tampered with or destroyed and the funds and property of a society are likely to be misappropriated or misapplied he shall have power to take possession of any or all the books, registers securities or documents, cash in hand or accounts books of the society and remove such seized records and property and to deal with them in any manner as may be directed by the Registrar.
(6) The Registrar or other officer seizing the records and property of a society under sub-section (5) shall prepare an inventory of the records and property seized in duplicate with his signature and require the officer, employee or member of the society from whose custody the records and property are seized to affix his signature in witness thereof and, if such officer or employee or member refuses to sign, then the Registrar or other officer seizing the records and property shall cause two or more persons to sign the inventory as witnesses to the correctness thereof. A copy of the inventory prepared under this section shall be delivered to the officer, employee or member of the society from whose custody the records and property were seized.
CHAPTER - XVII
MISCELLANEOUS
157. Attachment of property.- Where the Registrar is satisfied on the application of a registered society in respect of a reference made to him under sub- section (1) of section 84 or on the application of a liquidator appointed under section 127 in respect of the proceedings of such liquidator for determining the contribution to be made by a person to the assets of the society under clause (b) of sub-section (2) of section 128 or on the application of the committee or liquidator or any creditor to
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the society or otherwise in respect of any inquiry ordered into the conduct of any person under section 82 that any party to the reference or the person, as the case may be, is about to dispose of or remove from the local limits of jurisdiction of the Registrar the whole or any part of his property with intent to defeat or delay the execution of any decision that may be passed on the reference or of any order that may be passed against him by the liquidator or the Registrar as the case may be, the Registrar may, unless adequate security is furnished, direct the conditional attachment of the said property or such part thereof as he thinks necessary and such attachment shall have the same effect as if it had been made by a competent civil court.
158. Power to exempt societies from conditions as to registration.-
Notwithstanding anything contained in this Act, the Government may by special order in each case and subject to such conditions, if any, as it may impose, exempt under special circumstances to be prescribed any society from any of the requirements of this Act as to registration.
159. Exemption of self-reliant societies.- Nothing contained in section 23, or section 32 shall apply to any self-reliant society or class of self-reliant societies which complies with such conditions as the Government may, by general or special order, specify.
160. Power to exempt registered societies.- Without prejudice to the power conferred by section 159, the Government may, by general or special order with effect from such date as may be referred to in the said order exempt under special circumstances to be prescribed any registered society from any of the provisions of this Act or may direct that such provisions shall apply to such society with such modification as may be specified in the order.
161. Delegation of powers of government.- (1) The Government may, by notification in the Official Gazette, authorise any authority or officer to exercise any of the powers vested in it by this Act except the power to make rules and may in like manner withdraw such authority.
(2) The exercise of any power delegated under sub-section (1) shall be subject to such restrictions and conditions as may be prescribed or as may be specified in the notification and also subject to control and revision by the Government or by such officer as may be empowered by the Government in this behalf. The Government shall also have power to control and revise the acts or proceedings of any officer so empowered.
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162. Acts of societies etc., not to be invalidated by certain defects.- No Act of a registered society or any committee or of any officer of the society shall be deemed to be invalid merely on the ground-
(a) of any vacancy or defect in the organisation of the society or the formation of the general body or the constitution of the representative general body or of the committees;
(b) of any defect or irregularity in the election or appointment of a member of the committee or an officer of the society or of any disqualification of such member or officer; or
(c) of any defect or irregularity in such act or proceeding not affecting the merits of the case.
163. Certain Acts not to apply.- The provisions of the Companies Act, 1956 (Central Act 1 of 1956), the Puducherry Shops and Establishments Act, 1964 (Act 9 of 1964) and the Puducherry Catering Establishments Act, 1964 (Act 6 of 1964) shall not apply to registered societies.
164. Protection of action taken in good faith.- No suit, prosecution or other legal proceeding shall lie against any officer or servant of the Government for anything which is in good faith done or intended to be done under this Act or any rule or by-law made hereunder.
165. Duties of Police Officer.- (1) It shall be the duty of every police officer to assist the Registrar or any person sub-ordinate to the Registrar reasonably demanding his aid for the lawful exercise of any power vesting in the Registrar or such persons under this Act or any rule, or by-law made thereunder.
(2) Any police officer who omits or refuses to perform any duty imposed on him under sub-section (1) shall be deemed to have committed an offence under section 29 of the Police Act, 1861 (Central Act 5 of 1861).
166. Constitution of a Co-operative Advisory Council.- (1) There shall be Council to be called Puducherry Co-operative Advisory Council consisting of the following members, namely.-
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(i) Minister in-charge of the department dealing with co-operative societies in the Union territory of Puducherry … CHAIRMAN
(ii) President of the apex societies … MEMBER
(iii) Six members to be nominated by the Government out of which one shall be a woman … MEMBER
(iv) Three members to be nominated by the Government from the Puducherry Legislative Assembly … MEMBER
(v) The Secretary to Government in the Department dealing with co-operative societies … MEMBER
(vi) The Registrar of Co-operative Societies, Puducherry … MEMBER
(vii) The Director of Agriculture, Puducherry … MEMBER
(viii) The Director of Industries, Puducherry … MEMBER
(ix) The Director of Fisheries, Puducherry … MEMBER
(x) The Director of Animal Husbandry, Puducherry … MEMBER
(2) Such officer as the Government may appoint in this behalf shall act as the Secretary to the Council.
(3) The functions of the council so constituted shall be as follows, namely.-
(a) to advise the Government on all general questions relating to co-operative movements;
(b) to review the co-operative movement and to suggest ways of co-ordinating the activities of co-operative societies;
(c) to suggest ways and means to remove the difficulties experienced by the co-operatives societies;
(d) to make recommendations to the Government in regard to any matter relating to the administration of co-operative societies;
(e) to report to the Government on such matters as may be referred to it by the Government for its opinion.
(4) The Government may, by general or special order, provide for -
(a) the calling of the meetings of the Council and the procedure at meetings;
(b) the duties of the Secretary to Council;
(c) the sub-committees of the Council;
(d) the term of office of nominated members of the Council and traveling allowance and daily allowance admissible to the members of the Council.
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167. Officers and employees of societies.- The Government may, in consultation with the Council.-
(a) make rules for regulating the qualifications, duties and responsibilities, remuneration, allowances and other conditions of service of the officers and servants of different classes of societies;
(b) constitute boards for the recruitment of officers and servants required by the societies and to advise on matters relating to service conditions; and
(c) direct any apex or central society to constitute and maintain a pool or common cadre of personnel to work as officers in the affiliated societies.
168. Power of Government to give directions.- (1) The Government may, by order, direct the Registrar to make an inquiry or to take appropriate proceedings under this Act in any case specified in the order; and the Registrar shall report to the Government in due course the result of the inquiry made or the proceedings taken by him.
(2) In any case, in which a direction has been given under sub-section (1), the Government may, notwithstanding anything contained in this Act, call for and examine the record of the proceedings of the Registrar and pass such orders in the case as it may think fit:
Provided that before passing any order under this sub-section, the person likely to be affected by such order shall be given an opportunity of making his representations.
169. Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of this Act, the Government may make such order, not inconsistent with the provisions of this Act, as may appear to it to be necessary for the purpose of removing the difficulty:
Provided that no such order shall be made under this section after the expiration of two years from the commencement of this Act.
170. Power to make rules.- (1) The Government may, for the whole or any part of Puducherry and for any registered society or class of such societies, make rules to carry 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 -
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(i) 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 applications;
(ii) prescribe the procedure to be followed when societies change their form of liability;
(iii) prescribe the matters in respect of which a society may make by- laws, the procedure to be followed in making, altering and abrogating by- laws and the conditions to be satisfied prior to such making, alteration or abrogation;
(iv) prescribe the conditions to be complied with by persons applying for admission or admitted as members, and provide for the election, admission and removal of members;
(v) provide for the payment to be made and the interests to be acquired before the exercise of the right of membership;
(vi) regulate the manner in which funds may be raised by means of shares or debentures or otherwise;
(vii) prescribe in the case of a financing bank the proportion of individual members to society members in the constitution of its general body or its committee, and the maximum number of members of its committee;
(viii) provide for general meetings of the members and for the procedure at such meetings and the powers to be exercised by such meetings;
(ix) provide for the appointment, suspension and removal of the members of the committee and other officers (not being a paid officer) and for the procedure at meetings of the committee and for the powers to be exercised and the duties to be performed by the committee and other officers;
(x) prohibit a society from appointing a defaulting member of any society to its committee or to the committee of any other society and allowing him to exercise his rights of membership in the society or to represent it in another society and vote;
(xi) provide for the prescription by the Registrar of the accounts and books to be kept and maintained by a society, the form in which accounts and books shall be kept and maintained and in case of failure to do so for the levy of expenses of writing up such accounts and books;
(xii) provide for the periodical publication of a balance sheet showing the assets and liabilities of a society;
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(xiii) provide for the prescription by the Registrar of the returns to be submitted by a society to the Registrar, the person by whom and the form in which such returns shall be submitted and in case of failure to submit any such return, for the levy of the expenses of preparing it;
(xiv) provide for the persons by whom and the form in which copies of entries in books of societies may be certified and for the charges to be levied for the supply of such copies;
(xv) provide for the formation and maintenance of a register of members and, where the liability of the members is limited by shares, of a register of shares;
(xvi) provide for -
(a) the appointment of an arbitrator or arbitrators to decide disputes;
(b) the procedure to be followed in proceedings before the Registrar, arbitrator or arbitrators or other person deciding disputes including the appointment of a guardian for a party to the dispute, who is a minor or who by reason of unsoundness of mind or mental infirmity is incapable of protecting his interests;
(c) the levy of the expenses incidental to such proceedings; and
(d) the enforcement of the decisions or awards in such proceedings;
(xvii) provide for the withdrawal of members and for the payments, if any, to be made to members who withdraw and for the liabilities of past members or the estates of deceased members;
(xviii) prescribe the prohibitions and restrictions subject to which societies may trade with persons who are not members;
(xix) provide for the mode in which the value of a deceased member's interest shall be ascertained and for the nomination of a person to whom such interest may be paid or transferred;
(xx) prescribe the payments to be made and the conditions to be complied with by members applying for loans, the periods for which loans may be made and the amount which may be lent, to an individual member;
(xxi) provide for the formation and maintenance of reserve funds and the objects to which such funds may be applied and for the investment of any funds under the control of a society;
(xxii) prescribe the extent to which a society may limit the number of its members;
(xxiii) prescribe the conditions under which profits may be distributed to the members of a society with unlimited liability and the maximum rate of dividend which may be paid by societies;
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(xxiv) prescribe the procedure to be followed by a liquidator appointed under section 127 and provide for the disposal of the surplus assets, if any, of the society;
(xxv) prescribe the procedure to be followed in presenting and disposing of all appeals and applications for revision and review under this Act and the fees to be paid in respect of such appeals and applications;
(xxvi) prescribe the period for which and the terms under which aid may be given by the Government to co-operative societies and the terms under which the Government may guarantee the payment of interest on debentures issued or deposits received by co-operative societies;
(xxvii) provide for the custody of property attached under this Act; (xxviii) provide for the issue and service of processes and for proof of service thereof;
(xxix) provide for the levy of fees for granting certified copies of documents in the Registrar's office;
(xxx) provide for the investigation of claims and objections that may be preferred against any attachment effected by the Registrar or any person empowered by him;
(xxxi) provide for the recovery of costs awarded against the Government in cases under section 82;
(xxxii) prescribe the procedure for the attachment and sale of property under section 133;
(xxxiii) prescribe the procedure and the disposal of the business of the Tribunal;
(xxxiv) prescribe the procedure to be followed and provide for other matters dealt with in Chapter X of this Act; and
(xxxv) provide for all matters expressly required or allowed by this Act to be prescribed by rules.
(3) All rules made under this Act shall be published in the Official Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(4) All rules made under this Act shall, as soon as may be after it is made, be laid before the Legislative Assembly of Puducherry while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modifications in the rule or decides that the rules should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
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171. Repeals and savings.- (1) On the commencement of this Act, the Puducherry Co-operative Societies Act, 1965 (Act 11 of 1965) and the Madras Co- operative Land Mortgage Banks Act, 1934 (Madras Act 10 of 1934) as in force in the Union territory of Puducherry shall stand repealed.
(2) The repeal by sub-section (1) of the corresponding law shall not affect-
(i) the previous operation of the corresponding law or anything done or duly suffered thereunder; or
(ii) any right, privilege, obligation or liability acquired, accrued or incurred under the corresponding law; or
(iii) any penalty, forfeiture or punishment incurred in respect of any offence committed against the corresponding law; or
(iv) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.
(3) Subject to the provisions of sub-section (2), anything done or any action taken, including any appointment or delegation made, notification, order, instruction or direction issued, or any rule or regulation made or form prescribed, certificate granted or registration effected, under the corresponding law shall be deemed to have been done or taken under this Act and shall continue to have effect accordingly, unless and until superseded by anything done or any action taken under this Act.
(4) Notwithstanding the repeal of the enactments referred to in sub-section (1), any society existing in the Union territory of Puducherry on the date of the commencement of this Act which has been registered or deemed to be registered under the repealed enactments shall be deemed to be registered under this Act and the by-laws of such society shall so far as they are not inconsistent with the provisions of this Act, continue in force until altered or rescinded.
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STATEMENT OF OBJECTS AND REASONS FOR ACT NO. 7 OF 1973
The Cooperative Societies in this Union territory are governed by the Puducherry Co-operative Societies Act, 1965 which was enacted on the lines of the Madras Cooperative Societies Act, 1961. When the Bill was sent to the Government of India for obtaining the assent of the President, they made various useful suggestions on some of the provisions. These suggestions were worth considering. Since then, the Cooperative movement received increasing attention and fresh impetus and its expansion was greatly accelerated, thereby creating many difficult problems, the more important being reorganization of agricultural credit societies, mobilization of resources within the movement, effectiveness of the cooperative legislation for ensuring active participation of members, prevention of excessive influence by particular individuals in affairs of societies, extension of special aids to weaker sections of the community, arrangements for quick and efficient audit and steps to improve the managerial efficiency of the cooperatives. The Tamil Nadu Government appointed a Committee under the Chairmanship of Thiru K. Santhanam in February 1968 to study the working of the movement and formulate proposals for improving its efficiency and performance. The report submitted by the above committee contained a number of recommendations concerning amendment of the existing Act, most of which were found to be acceptable and could be given effect to in this Union Territory also with such modification as are necessary to suit local conditions.
The Conference of Chief Ministers and State Ministers of Cooperation held at Madras on 12.6.1968 urged legislative measures to curb the growth of vested interests in cooperatives, consolidation of the movement through revitalization programme, orientation of loaning policy to serve the small farmer and weaker sections, simplification of procedure for liquidation of bogus societies etc. The Government of India made numerous suggestions in this regard the implementation of which involve further amendments to the existing legislation on cooperation. The Cooperative Banks in this Union Territory are at present outside the purview of the Deposit insurance Scheme the benefits of which will accrue to the Cooperative Banks only after necessary amendments suggested by the Reserve Bank of India are made in the state Cooperative Societies Acts, so as to enable the Reserve Bank to exercise powers of supervision; reconstitution and liquidation of Cooperative Banks.
The Land Mortgage Bank in Puducherry at present governed by a separate legislation viz. the Madras Cooperative Land Mortgage Bank Act, 1934 as extended to Puducherry. The Tarnil Nadu Government had since carried out a number of amendments to this Act. It was at first felt that a fresh legislation should be enacted to regulate the working of the Land Mortgage Banks in Puducherry. However it was subsequently considered that a separate legislation was not necessary and that it would be sufficient if a chapter was separately included in the existing Puducherry Cooperative Societies Act in the place of Farming Societies. This is also in consonance with the suggestion of the Santhanam Committee in Cooperation.
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The progress made in giving effect to the various progressive measures suggested by the Government of India was once again reviewed by the conference of State Ministers of Cooperation held at Bangalore in June 1969. With a view to expediting the implementation of the recommendations of the conference, it has been decided to bring forward amendments to the existing Act on the pattern of the legislation already enacted by the Kerala Government to give effect to the recommendations.
As the Implementation of all the above proposals would involve framing of numerous amendments which would materially affect the scope and content of the Puducherry Cooperative Societies Act, 1965, it is considered desirable to bring forward a new legislation altogether to replace the existing Act. Hence this Bill.
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STATEMENT OF OBJECTS AND REASONS FOR ACT NO.7 OF 1988
According to sub-section (9) of section 2 of the Puducherry Co-operative Societies Act, 1972, the expression, the Co-operative Year has been defined to mean the period commencing on the 1stday of July of any year and ending with the 30th day of June of the succeeding year. With a view to synchronize the Co-operative Year with the accounting year followed for tax purposes, it is proposed to adopt the financial year i.e. the period between 1stday of April and 31stday of March as the Co-operative Year. It is proposed to amend the clause (9) of section 2 of the Puducherry Co-operative Societies Act, 1972 for this purpose. With a view to facilitate transition from the existing Co-operative Year to the proposed Co-operative Year, it is proposed to extend the period of Co-operative commencing on the 1stday of July immediately preceding the commencement of the proposed amendment till the 31stday of March of the succeeding year after such commencement. The Bill seeks to achieve the above objects.
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STATEMENT OF OBJECTS AND REASONS FOR ACT NO. 9 OF 2010
Request have been received from different quarters, including from the past and present members of the Puducherry Legislative Assembly and from various associations of scheduled castes, for providing reservation of seats for the scheduled castes in the committee of management of Co-operative Societies. The Puducherry Co-operative Societies Act, 1972 has not provided for reservation of seats for the scheduled castes in the committee of Co-operative Societies.
In view of the above, it is proposed to provide one seat for the members of the scheduled castes in the committee of registered Primary Co-operative Societies which has a membership of not more than nine members and two seats in a committee having a membership exceeding nine members, by way of amending sub-section (3) of section 32 of the said Act. Further, it is also proposed to increase the minimum and maximum number of members of the Committee of the Primary Co-operative Societies by one, so that the existing structure is not affected. The salient features of the proposal are.-
(i) the committee of management of Primary Co-operative Societies, other than a society which is formed exclusively for the benefit of the students or the fishermen or members belonging to the scheduled castes, shall provide for seats for members of the scheduled castes in such committee as above; and
(ii) if such member from scheduled castes is not elected to the committee, the committee shall co-opt the members of the scheduled castes from the members of the society to the membership of the committee. Thus, representation of scheduled caste members in the committee is ensured. The Bill seeks to achieve the above objects.
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