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  "title": "Co-operative Societies Act, 1912",
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  "text": "Page 1 of 16 \r\n \r\n  \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nTHE CO-OPERATIVE SOCIETIES ACT, 1912 \r\n \r\n \r\n \r\nCONTENTS \r\n \r\nPRELIMINARY \r\n \r\n1. Short title and extent \r\n \r\n2. Definitions  \r\n \r\nREGISTRATION \r\n3. The Registrar \r\n \r\n4. Societies which may be registered \r\n  \r\n5. Restrictions on interest of member of society with limited liability and a share capital \r\n \r\n6. Conditions of registration \r\n \r\n7. Power of Registrar to decide certain questions  \r\n \r\n8. Application for registration \r\n \r\n9. Registration \r\n \r\n10. Evidence of registration  \r\n \r\n11. Amendment of the bye-laws of a registered society \r\n \r\nRIGHTS AND LIABILITIES OF MEMBERS \r\n \r\n12. Member not to exercise rights till due payment made \r\n \r\n\r\n \r\nPage 2 of 16 \r\n \r\n13. Votes of members \r\n \r\n14. Restrictions on transfer of share of interest \r\n \r\nDUTIES OF REGISTERED SOCIETIES \r\n \r\n15. Address of societies \r\n \r\n16. Copy of Act, rules and bye-laws to be open to inspection \r\n \r\n17. Audit \r\n \r\nPRIVILEGES OF REGISTERED SOCIETIES \r\n \r\n18. Societies to be bodies corporate \r\n \r\n19. Prior claim of society \r\n \r\n20. Charge and set-off in respects of shares or interests of member \r\n \r\n21. Shares or interest not liable to attachment  \r\n \r\n22. Transfer of interest on death of member \r\n \r\n23. Liability of past member \r\n \r\n24. Liability of the estates of deceased member  \r\n \r\n25. Register of members \r\n \r\n26. Proof of entries in societies books \r\n \r\n27. Exemption from compulsory registration of instruments relating to s hares and debentures \r\n of registered society \r\n \r\n28. Power to exempt from income tax stamp-duty and registration-fees \r\n \r\nPROPERTY AND FUNDS OF REGISTERED SOCIETIES \r\n \r\n29. Restrictions of loans \r\n \r\n30. Restrictions on borrowing  \r\n \r\n31. Restrictions on other transactions with non-members  \r\n \r\n32. Investment of funds \r\n \r\n33. Funds not to be divided by way of profit  \r\n \r\n34. Contribution to charitable purpose \r\n \r\nPage 3 of 16 \r\n \r\n \r\nINSPECTION OF AFFAIRS \r\n35. Inquiry by Registrar \r\n \r\n36. Inspection of books of indebted society \r\n \r\n37. Costs of inquiry \r\n \r\n38. Recovery of costs \r\n \r\nDISSOLUTION OF SOCIETY \r\n39. Dissolution \r\n \r\n40. Cancellation of registration of society  \r\n \r\n41. Effect of cancellation of registration  \r\n \r\n42. Winding up \r\n \r\nRULES \r\n \r\n43. Rules \r\n \r\nMISCELLANEOUS \r\n \r\n44. Recovery of sums due to Government \r\n \r\n45. Power to exempt registered societies from conditions as to registration \r\n \r\n46. Power to exempt registered societies from provisions of the Act  \r\n \r\n47. Prohibition of the use of the word “co-operative” \r\n \r\n48. Indian Companies Act, 1882, not to apply  \r\n \r\n49. Savings of existing societies  \r\n \r\n50. [Repealed.] \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 4 of 16 \r\n \r\n \r\n \r\nTHE CO-OPERATIVE SOCIETIES ACT, 1912 \r\n \r\n1Act No. II OF 1912 \r\n[1st March, 1912] \r\nAn Act to amend the Law relating to Co-operative Societies \r\n \r\nWHEREAS it is expedient further to facilitate the formation of Co-operative Societies for the \r\npromotion of thrift and self-help among agriculturists, artisans and persons of limited means, and for \r\nthat purpose to amend the law relating to Co-operative Societies; It is hereby enacted as follows:— \r\nPRELIMINARY \r\n \r\n 1. Short title and extent.—(1) This Act may be called the Co-operative Societies Act, 1912; \r\nand \r\n \r\n (2) It extends to 2[the whole of Pakistan]. \r\n \r\n2. Definition. In this Act; unless there is anything repugnant in the subject or context,— \r\n \r\n(a) \" bye-laws \" means the registered bye-laws for the time being in force, and includes \r\na registered amendment of the bye-laws: \r\n \r\n(b) \"committee\" means the governing body of a registered society to whom the \r\nmanagement of its affairs is entrusted: \r\n \r\n(c) \" member \" includes a person joining in the application for the registration of a \r\nsociety and a person admitted to membership after registration in accordance with \r\nthe bye-laws and any rules: \r\n \r\n(d) \" officer\" includes a chairman, secretary, treasurer, member of committee, or other \r\nperson empowered under the rules or the bye-laws to give directions in regard to \r\nthe business of the society : \r\n \r\n(e) \" registered society \" means a society registered or deemed to be registered under \r\nthis Act: \r\n \r\n(f)  \" Registrar \" means a person appointed to perform the duties of a Registrar of \r\nCo-operative Societies under this Act: and \r\n \r\n(g)  \" rules \" means rules made under this Act. \r\n1For Statement of Objects and Reasons, see Gazette of India, 1911, Pt. V, p.95; for Report of Select Committee, see ibid., 1912, Pt.V, p.7; and  for \r\nProceedings in Council, see ibid.,1911, Pt.VI, pp. 186, 679, and ibid., 1912, Pt. VI, pp.3,31 and 256.This Act has been declared to be in force in \r\nBaluchistan by the British Baluchistan Laws Regulations, 1913 (2 of 1913), s.3. \r\nIt has been extended to the Leas ed Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O.3 of 1950); and applied in the Federated \r\nAreas of Baluchistan, see Gazette of India, 1937, Pt. I, p.1499. \r\nThe Act has also been applied in the Federated Areas of Baluchistan, see Gazette of Pakistan, 1955, Pt.I, p. 28. \r\nThe Act has been amended in its application to the Province of the Punjab, see Punjab Act No. 10 of 1955. \r\nIt has been applied to Phulera in the Excluded Area of Upper Tanawa to the extent the Act is applicable in the N.W. F.P., subject to certain \r\nmodifications; see N.W.F.P (Upper Tanawal) (Excluded Area) laws Regulation, 1950. \r\nIt has been extended to the Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P (Upper Tanawal) (Excluded Area) Laws Regulation, \r\n1950 and declared to be in force in that area with effect from 1st June, 1951, see N.W.F.P., Gazette, Extraordinary, dated 1st June,  1951. \r\nIt has been rep. in its application to the Bombay Presidency by the Bombay Co-operative Societies Act, 1925 (Bom. 7 of 1925). \r\nThis Act has been amended to the extent of Islamabad Capital Territory, see Ordinance No. XXVII of 1981, s.5 and 4th Sch. \r\nThis Act has been rep. in its application to the Province of Sind by Sind Act VII of 1925, s. 72. \r\nThe Act has been repealed in its application to the Province of W. Pakistan, see W.P. Ord. No. VII of 1965. \r\n2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2 nd Sch. (with effect from the 14 th October, 1955), for “all the \r\nProvinces and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3(2) and 4, for “the whole of British India”. \r\n \r\nPage 5 of 16 \r\n \r\nREGISTRATION \r\n \r\n 3. The Registrar. The 1[Provincial Government] may appoint a person to be Registrar of \r\nCo-operative Societies for the Province or any portion of it, and may appoint persons to assist such \r\nRegistrar, and may, by general or special order, confer on any such persons all or any of the powers \r\nof a Registrar under this Act. \r\n \r\n 4. Societies which may be registered. Subject to the provisions hereinafter contained, a \r\nsociety which has as its object the promotion of the economic interests of its members in accordance \r\nwith co-operative principles, or a society established with the object of facilitating the operations of \r\nsuch a society, may be registered under this Act with or without limited liability. \r\n \r\n Provided that unless the 1[Provincial Government] by general or special order otherwise \r\ndirects. \r\n \r\n (1) the liability of a society of which a member is a registered society shall be limited; \r\n \r\n (2) the liability of a society of which the object is the creation of funds to be lent to its \r\nmembers, and of which the majority of the members are agriculturists, and of which no member is a \r\nregistered society, shall be unlimited. \r\n \r\n 5. Restrictions on interest of member of society with limited, liability and a share capital. \r\nWhere the liability of the members of a society is limited by shares, no member other than a \r\nregistered society shall— \r\n \r\n(a)  hold more than such portion of the share capital of the society, subject to a \r\nmaximum of one-fifth, as may be prescribed by the rules; or \r\n \r\n(b)  have or claim any interest in the shares of the Society exceeding one thousand \r\nrupees. \r\n \r\n 6. Conditions of registration. —(1) No society, other than a society of which a member is a \r\nregistered society, shall be registered under this Act which does not consist of at least ten persons \r\nabove the age of eighteen years and, where the object of the society is the creation of funds to be lent \r\nto its members, unless such persons— \r\n \r\n(a)  reside in the same town or village or in the same group of villages; or \r\n \r\n(b)  save where the Registrar otherwise directs, are members of the same tribe, class, \r\ncaste or occupation. \r\n \r\n (2) The word \" limited \" shall be the last word in the name of every society with limited \r\nliability registered under this Act. \r\n \r\n7. Power of Registrar to decide certain questions. When any question arises whether for the \r\npurposes of this Act a person is an agriculturist or a non-agriculturist, or whether any person is a \r\nresident in a town or village or group of villages, or whether two or more villages shall be considered \r\nto form a group, or whether any person belongs to any particular tribe, class, caste or occupation, the \r\nquestion shall be decided by the Registrar, whose decision shall be final. \r\n \r\n1Subs. By A. O., 1937, for “L.G.”. \r\n \r\nPage 6 of 16 \r\n \r\n 8. Application for registration.—(1) For purposes of registration an application to a register \r\nshall be made to the Registrar. \r\n \r\n (2) The application shall be signed— \r\n \r\n(a)  in the case of a society of which no member is a registered society, by at least ten \r\npersons qualified in accordance with the requirements of section 6, sub-section (1); \r\nand \r\n \r\n(b)  in the case of a society of which a member is a registered society, by a duly \r\nauthorised person on behalf of every such registered society, and where all the \r\nmembers of the society are not registered societies, by ten other members or, when \r\nthere are less than ten other members, by all of them. \r\n \r\n (3) The application shall be accompanied by a copy of the proposed bye-laws of the society, \r\nand the persons by whom or on whose behalf such application is made shall furnish such information \r\nin regard to the society as the Registrar may require. \r\n \r\n 9. Registration. If the Registrar is satisfied that a society has complied with the provisions of \r\nthis Act and the rules and that its proposed bye-laws are not contrary to the Act or to the rules, he \r\nmay, if he thinks fit, register the society and its bye-laws. \r\n \r\n 10. Evidence of registration. A certificate of registration signed by the Registrar shall be \r\nconclusive evidence that the society therein mentioned is duly registered unless it is proved that the \r\nregistration of the society has been cancelled. \r\n \r\n 11. Amendment of the bye-laws of a registered society.—(1) No amendment of the bye-laws \r\nof a registered society shall be valid until the same has been registered under this Act, for which \r\npurpose a copy of the amendment shall be forwarded to the Registrar. \r\n \r\n (2) If the Registrar is satisfied that any amendment of the bye-laws is not contrary to this Act or \r\nto the rules, he may, if he thinks fit, register the amendment. \r\n \r\n (3) When the Registrar registers an amendment of the byelaws of a registered society, he shall \r\nissue to the society a copy of the amendment certified by him, which shall be conclusive evidence \r\nthat the same is duly registered. \r\n \r\nRIGHTS AND LIABILITIES OF MEMBERS \r\n \r\n 12. Member not to exercise rights till due payment made. No member of a registered \r\nsociety shall exercise the rights of a member unless or until he has made such payment to the society \r\nin respect of membership or acquired such interest in the society, as may be prescribed by the rules \r\nor bye-laws. \r\n \r\n 13. Votes of members.—(1) Where the liability of the members of a registered society is not \r\nlimited by shares, each member shall, notwithstanding the amount of his interest in the capital, have \r\none vote only as a member in the affairs of the society. \r\n \r\n (2) Where the liability of the members of a registered society is limited by shares, each \r\nmember shall have as many votes as may be prescribed by the bye-laws. \r\n \r\nPage 7 of 16 \r\n \r\n (3) A registered society which has invested any part of its funds in the shares of any other \r\nregistered society may appoint as its proxy, for the purpose of voting in the affairs of such other \r\nregistered society, any one of its members. \r\n \r\n 14. Restrictions on transfer of share of interest.—(1) The transfer or charge of the share or \r\ninterest of a member in the capital of a registered society shall be subject to such conditions as to \r\nmaximum holding as may be prescribed by this Act or by the rules. \r\n \r\n (2) In case of a society registered with unlimited liability a member shall not transfer any share \r\nheld by him or his interest in the capital of the society or any part thereof unless— \r\n \r\n(a) he has held such share or interest for not less than one year; and \r\n \r\n(b) the transfer or charge is made to the society or to a member of the society. \r\n \r\nDUTIES OF REGISTERED SOCIETIES \r\n \r\n 15. Address of societies. Every, registered society shall have an address, registered in \r\naccordance with the rules, to which all notices and communications may be sent, and shall send to \r\nthe Registrar notice of every change thereof. \r\n \r\n 16. Copy of Act, rules and bye-laws to be open to inspection. Every registered society shall \r\nkeep a copy of this Act and of the rules governing such society, and of its bye-laws, open to \r\ninspection free of charge at all reasonable times at the registered address of the society. \r\n \r\n 17. Audit.—(1) The Registrar shall audit or causes to be audited by some person authorised by \r\nhim by general or special order in writing in this behalf the accounts of every registered society once \r\nat least in every year. \r\n \r\n (2) The audit under sub-section (1) shall include an examination of overdue debts, if any, and a \r\nvaluation of the assets and liabilities of the society. \r\n \r\n (3) The Registrar, the Collector or any person authorised by general or special order in writing \r\nin this behalf by the Registrar shall at all times have access to all the books, accounts, papers and \r\nsecurities of a society, and every officer of the society shall furnish such information in regard to the \r\ntransactions and working of the society as the person making such inspection may require. \r\nPRIVILEGES OF REGISTERED SOCIETIES \r\n \r\n 18. Societies to be bodies corporate. The registration of a society shall render it a body \r\ncorporate by the name under which it is registered, with perpetual succession and a common seal, \r\nand with power to hold property, to enter into contracts, to institute and defend suits and other legal \r\nproceedings and to do all things necessary for the purposes of its constitution. \r\n \r\n 19. Prior claim of society. Subject to any prior claim of the 1[Government] in respect of \r\nland-revenue or any money recoverable as land-revenue or of a landlord in respect of rent or any \r\nmoney recoverable as rent, a registered society shall be entitled in priority to other creditors to \r\nenforce any outstanding demand due to the society from a member or past member— \r\n \r\n1Subs. By A.O., 1961, Art. 2 (with effect from the 23rd March, 1956), for “Crown” which had been subs. By A. O., 1937, for “Govt”. \r\n \r\n \r\nPage 8 of 16 \r\n \r\n(a)  in respect of the supply of seed or manure or of the loan of money for the purchase \r\nof seed or manure upon the crops or other agricultural produce of such member or \r\nperson at any time within eighteen months from the date of such supply or loan; \r\n \r\n(b)  in respect of the supply of cattle, fodder for cattle, agricultural or industrial \r\nimplements or machinery, or raw materials for manufacture, or of the loan of \r\nmoney for the purchase of any of the foregoing things-upon any such things so \r\nsupplied, or purchased in whole or in part from any such loan, or on any articles \r\nmanufactured from raw materials so supplied or purchased. \r\n \r\n 20. Charge and set-off in respects of shares or interests of member. A registered society \r\nshall have a charge upon the share or interest in the capital and on the deposits of a member or past \r\nmember and upon any dividend, bonus or profits payable to a member or past member in respect of \r\nany debt due from such member or past member to the society, and may set-off any sum credited or \r\npayable to a member or past member in or towards payment of any such debt. \r\n \r\n 21. Shares or interest not liablie to attachment. Subject to the provisions of section 20, the \r\nshare or interest of a member in the capital of a registered society shall not be liable to attachment or \r\nsale under any decree or order of a Court of Justice in respect of any debt or liability incurred by \r\nsuch member, and neither the Official Assignee under 1[the Insolvency (Karachi Division) Act], nor \r\na Receiver under the 2[Provincial Insolvency Act, 1920 (V of 1920)], shall be entitled to or have ' any \r\nclaim on such share or interest. \r\n \r\n 22. Transfer of interest on death of member.- (l) On the death of a member a registered \r\nsociety may transfer the share or interest of the deceased member to the person nominated in \r\naccordance with the rules made in this behalf, or, if there is no person so nominated, to such person \r\nas may appear to the committee to be the heir or legal representative of the deceased member, or pay \r\nto such nominee, heir or legal representative, as the case may be, a sum representing the value of \r\nsuch member's share or interest, as ascertained in accordance with the rules or bye-laws: \r\nProvided that— \r\n \r\n(i)  in the case of a society with unlimited liability, such nominee, heir or legal \r\nrepresentative, as the case may be, may require payment by the society of the value \r\nof the share or interest of the deceased member ascertained as aforesaid; \r\n \r\n(ii)  in the case of a society with limited liability, the society shall transfer the share or \r\ninterest of the deceased member to such nominee, heir or legal representative, as \r\nthe case may be, being qualified in accordance with the rules and bye-laws for \r\nmembership of the society, or on his application within one month of the death of \r\nthe deceased member to any person specified in the application who is so qualified. \r\n \r\n (2) A registered society may pay all other moneys due to the deceased member from the \r\nsociety to such nominee, heir or legal representative, as the case may be. \r\n \r\n (3) All transfers and payments made by a registered society in accordance with the provisions \r\nof this section shall be valid and effectual against any demand made upon the society by any other \r\nperson. \r\n \r\n1the Original word “the Presidency -towns. Insolvency Act, 1909” were first subs. By the Federal Laws (Revision and Declaration) Act, 1951 (26 of \r\n1951), s. 4 and III Sch., and then amended by the Repea ling and Amending Ordinance, 1961 (1 of 1961), s. 3 and 2 nd Sch., and A.O., 1964, Art. 2 and \r\nSch., to read as above. \r\n2Subs by Ord. XXVII of 1981, s.5 and Sch IV (only to the extent of Islamabad Capital Territory). \r\n \r\nPage 9 of 16 \r\n \r\n 23. Liability of past member. The liability of a past member for the debts of a registered \r\nsociety as they existed at the time when he ceased to be a member shall continue for a period of two \r\nyears from the date of his ceasing to be a member. \r\n \r\n 24. Liability of the estates of deceased member. The estate of a deceased member shall be \r\nliable for a period of one year from the time of his decease for the debts of a registered society as \r\nthey existed at the time of his decease. \r\n \r\n 25. Register of members. Any register or list of members or shares kept by any registered \r\nsociety shall be prima facie evidence of any of the following particulars entered therein:— \r\n \r\n(a)  the date at which the name of any person was entered in such register or list as a \r\nmember; \r\n \r\n(b)  the date at which any such person ceased to be a member. \r\n \r\n 26. Proof of entries in societies books. A copy of any entry in a book of a registered society \r\nregularly kept in the course of business, shall, if certified in such manner as may be prescribed by the \r\nrules, be received, in any suit or legal proceeding, as prima facie evidence of the existence of such \r\nentry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in \r\nevery case where, and to the same extent as, the original entry itself is admissible. \r\n \r\n 27. Exemption from compulsory registration of instruments relating to shares and \r\ndebentures of registered society. Nothing in section 17, sub-section (1), clauses (b) and (c), of the \r\nRegistration Act, 1908 (XVI of 1908), shall apply to— \r\n \r\n (1) any instrument relating to shares in a registered society, notwithstanding that the assets of \r\nsuch society consist in whole or in part of immoveable property; or \r\n \r\n (2) any debenture issued by any such society and not creating, declaring, assigning, limiting or \r\nextinguishing any right, title or interest to or in immoveable property except in so far as it entitles the \r\nholder to the security afforded by a registered instrument whereby the society has mortgaged, \r\nconveyed or otherwise transferred the whole or part of its immoveable property or any interest \r\ntherein to trustees upon trust for the benefit of the holders of such debentures; or \r\n \r\n (3) any endorsement upon or transfer of any debenture issued by any such society. \r\n \r\n1[28. Power to exempt from income tax stamp-duty and registration-fees.—(1) The \r\n2[Federal Government], by notification3 in the 4[official Gazette], may, in the case of any registered \r\nsociety or class of registered society, remit 5* * the income-tax payable in respect of the profits of the \r\nsociety, or of the dividends or other payments received by the members of the society on account of \r\nprofits; \r\n \r\n6* * * * * * \r\n \r\n7[(2) The 8[Provincial Government], by notification in the 9[official Gazette], may, in the case \r\nof any registered society or class of registered society, remit— \r\n \r\n1The original s. 28 was re-numbered as sub-section (1) of that section by the Devolution Act, 1920 (38 of 1920), s.2 and Sch. I. \r\n2Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”, which was previously amended by A.O., 1937, for “G.G. in C.”. \r\n3For notifications under this section, see Gen. R. & O. \r\n4Subs. by A.O., 1937, for “Gazette of India”. \r\n5The letter and parentheses “(a)” rep. by Act 38 of 1920, s.2 and Sch. I. \r\n6Clauses (b) and (c) rep., ibid. \r\n7Sub-section (2) ins., ibid. \r\n8Subs. by A.O., 1964, Art. 2 and Sch., for “Government” which had been subs. by A.O., 1937, for “L.G.”. \r\n9Subs. by A.O., 1937, for “local official Gazette”. \r\n \r\nPage 10 of 16 \r\n \r\n(a)  the stamp-duty with which, under any law for the  time being in force, instruments \r\nexecuted by or on behalf of a registered society or by an officer or member and \r\nrelating to the business of such society, or any class of such instruments, are \r\nrespectively chargeable, and \r\n \r\n(b)  any fee payable under the law of registration for the time being in force. \r\n \r\n1* * * * * * \r\nPROPERTY AND FUNDS OF REGISTERED SOCIETIES \r\n \r\n 29. Restrictions of loans. (1) A registered society shall not make a loan to any person other \r\nthan a member : \r\n \r\n Provided that, with the general or special sanction of the Registrar, a registered society may \r\nmake loans to another registered society. \r\n \r\n (2) Save with the sanction of the Registrar, a society with unlimited liability shall not lend \r\nmoney on the security of moveable property. \r\n \r\n (3) The 2[Provincial Government] may, by general or special order, prohibit or restrict the \r\nlending of money on mortgage of immoveable property by any registered society or class of \r\nregistered societies. \r\n \r\n 30. Restrictions on borrowing. A registered society shall receive deposits and loans from \r\npersons who are not members only to such extent and under such conditions as may be prescribed by \r\nthe rules or bye-laws. \r\n \r\n 31. Restrictions on other transactions with non-members. Save as provided in sections 29 \r\nand 30, the transactions of a registered society with persons other than members shall be subject to \r\nsuch prohibitions and restrictions, if any, as the 2[Provincial Government] may, by rules, prescribe. \r\n \r\n 32. Investment of funds.—(1) A registered society may invest or deposit its funds— \r\n \r\n(a)  in the Government Savings Bank, or \r\n \r\n(b) in any of the securities specified in section 20 of the Trusts Act, 1882 (II of 1882), \r\nor \r\n \r\n(c)  in the shares or on the security of any other registered society, or \r\n \r\n(d)  with any bank or person carrying on the business of banking approved for this \r\npurpose by the Registrar, or \r\n \r\n(e)  in any other mode permitted by the rules. \r\n \r\n (2) Any investments or deposits made before the commencement of this Act which would have \r\nbeen valid if this Act had been in force are hereby ratified and confirmed. \r\n \r\n1The paragraph as amended by A.O., 1937, and A.O., 1961, Art, 2 and Sch, (with effect from the 23rd March, 1956), has been omited by A.O. 1964, Art. \r\n2 and Sch. \r\n2Subs by A.O., 1937 FOR “L.G” \r\n \r\nPage 11 of 16 \r\n \r\n 33. Funds not to be divided by way of profit. No part of the funds of a registered society \r\nshall be divided by way of bonus or dividend or otherwise among its members. \r\n \r\n Provided that after at least one-fourth of the net profits in any year have been carried to a \r\nreserve fund, payments from the remainder of such profits and from any profits of past years \r\navailable for distribution may be made among the members to such extent and under such conditions \r\nas may be prescribed by the rules or bye-laws. \r\n \r\n Provided also that in the case of a society with unlimited liability no distribution of profits shall \r\nbe made without the general or special order of the 1[Provincial Government] in this behalf. \r\n \r\n 34. Contribution to charitable purpose. Any registered society may, with the sanction of the \r\nRegistrar, after one-fourth of the net profits in any year has been carried to a reserve fund, contribute \r\nan amount not exceeding ten per cent of the remaining net profits to any charitable purpose, as \r\ndefined in section 2 of the Charitable Endowments Act, 1890 (VI of 1890). \r\nINSPECTION OF AFFAIRS \r\n \r\n 35. Inquiry by Registrar.—(1) The Registrar may of his own motion, and shall on the request \r\nof the Collector, or on the application of a majority of the committee, or of not less than one-third of \r\nthe members, hold an inquiry or direct some person authorised by him by order in writing in this \r\nbehalf to hold an inquiry into the constitution, working and financial condition of a registered \r\nsociety. \r\n \r\n (2) All officers and members of the society shall furnish such information in regard to the \r\naffairs of the society as the Registrar or the person authorised by the Registrar may require. \r\n \r\n 36. Inspection of books of indebted society.—(1) The Registrar shall, on the application of a \r\ncreditor of a registered society, inspect or direct some person authorised by him by order in writing \r\nin this behalf to inspect the books of the society \r\nProvided that— \r\n \r\n(a)  the applicant satisfies the Registrar that the debt is a sum then due, and that he has \r\ndemanded payment thereof and has not received satisfaction within a reasonable \r\ntime; and \r\n \r\n(b)  the applicant deposits with the Registrar such sum as security for the costs of the \r\nproposed inspection as the Registrar may require. \r\n \r\n (2) The Registrar shall communicate the results of any such inspection to the creditor. \r\n \r\n 37. Costs of inquiry. Where an inquiry is held under section 35, or an in spection is made \r\nunder section 36, the Registrar may apportion the costs, or such part of the costs as he may think \r\nright, between the society, the members or creditor demanding an inquiry or inspection, and the \r\nofficers or former officers of the society. \r\n \r\n 38. Recovery of costs. Any sum awarded by way of costs under section 37 may be recovered, \r\non application to a Magistrate having jurisdic tion in the place where the person from whom the \r\nmoney is claimable actually and voluntarily resides or carries on business, by the distress and sale of \r\nany moveable property within the limits of the jurisdiction of such Magistrate belonging to such \r\nperson. \r\n \r\n1Subs. by A.O., 1937, for “L.G.”. \r\n \r\nPage 12 of 16 \r\n \r\nDISSOLUTION OF SOCIETY \r\n \r\n 39. Dissolution.—(1) If the Registrar, after an inquiry has been held under section 35 or after \r\nan inspection has been made under section 36 or on receipt of an application made by three-fourth of \r\nthe members of a registered society, is of opinion that the society ought to be dissolved, he may \r\ncancel the registration of the society. \r\n \r\n (2) Any member of a society may, within two months from the date of an order made under \r\nsub-section (1), appeal from such order. \r\n \r\n (3) Where no appeal is presented within two months from the making of an order cancelling \r\nthe registration of a society, the order shall take effect on the expiry of that period. \r\n \r\n (4) Where an appeal is presented within two months, the order shall not take effect until it is \r\nconfirmed by the appellate authority. \r\n \r\n (5) The authority to which appeals under this section shall lie shall be the 1[Provincial \r\nGovernment]. \r\n \r\n Provided that the 1[Provincial Government] may, by notification in the 2[official Gazette], \r\ndirect that appeals shall lie to such Revenue-authority as may be specified in the notification. \r\n \r\n 40. Cancellation of registration of society. Where it is a condition of the registration of a \r\nsociety that it should consist of at least ten members, the Registrar may, by order in writing, cancel \r\nthe registration of the society if at any time it is proved to his satisfaction that the number of the \r\nmembers has been reduced to less than ten. \r\n \r\n 41. Effect of cancellation of registration. Where the registration of a society is cancelled, the \r\nsociety shall cease to exist as a corporate body— \r\n \r\n(a)  in the case of cancellation in accordance with the provisions of section 39, from the \r\ndate the order of cancellation takes effect; \r\n \r\n(b)  in the case of cancellation in accordance with the provisions of section 40, from the \r\ndate of the order. \r\n \r\n 42. Winding up.—(1) Where the registration of a society is cancelled under section 39 or \r\nsection 40, the Registrar may appoint a competent person to be liquidator of the society. \r\n \r\n (2) A liquidator appointed under sub-section (1) shall have power— \r\n \r\n(a)  to institute and defend suits and other legal proceedings on behalf of the society by \r\nhis name of office; \r\n \r\n(b)  to determine the contribution to be made by the members and past members of the \r\nsociety respectively to the assets of the society; \r\n \r\n(c)  to investigate all claims against the society and, subject to the provisions of this \r\nAct, to decide questions of priority arising between claimants; \r\n \r\n1Subs. by A.O., 1937, for “L.G.”.  \r\n2Subs. ibid., for “local official Gazette”. \r\n \r\nPage 13 of 16 \r\n \r\n(d)  to determine by what persons and in what proportions the costs of the liquidation \r\nare to be borne; and \r\n \r\n(e) to give such directions in regard to the collection and distribution of the assets of \r\nthe society, as may appear to him to be necessary for winding up the affairs of the \r\nsociety. \r\n \r\n (3) Subject to any rules, a liquidator appointed under this section shall, in so far as such powers \r\nare necessary for carrying out the purposes of this section, have power to summon and enforce the \r\nattendance of witnesses and to compel the production of documents by the same means and (so far as \r\nmay be) in the same manner as is provided in the case of a Civil Court under the Code of Civil \r\nProcedure, 19081 (V of 1908). \r\n \r\n (4) Where an appeal from any order made by a liquidator under this section is provided for by \r\nthe rules, it shall lie to the Court of the District Judge. \r\n \r\n (5) Orders made under this section shall, on application, be enforced as follows:— \r\n \r\n(a)  when made by a liquidator, by any Civil Court having local jurisdiction in the same \r\nmanner as a decree of such Court; \r\n \r\n(b)  when made by the Court of the District Judge on appeal, in the same manner as a \r\ndecree of such Court made in any suit pending therein. \r\n \r\n (6) Save in so far as is hereinbefore expressly provided, no Civil Court shall have any \r\njurisdiction in respect of any matter connected with the dissolution of a registered society under this \r\nAct. \r\n \r\nRULES \r\n \r\n 43. Rules.—(1) The 2[Provincial Government] may, for the whole or any part of the Province \r\nand for any registered society or class of such societies, make rules3 to carry out the purposes of this \r\nAct. \r\n \r\n (2) In particular and without prejudice to the generality of the foregoing power, such rules \r\nmay— \r\n \r\n(a)  subject to the provisions of section 5, prescribe the maximum number of shares or \r\nportion of the capital of a society which may be held by a member; \r\n \r\n(b)  prescribe the forms to be used and the conditions to be complied with in the \r\nmaking of applications for the registration of a society and the procedure in the \r\nmatter of such applications; \r\n \r\n(c)  prescribe the matters in respect of which a society may or shall make bye-laws and \r\nfor the procedure to be followed in making, altering and abrogating bye-laws, and \r\nthe conditions to be satisfied prior to such making, alteration or abrogation; \r\n \r\n1In its application to  Baluchistan this sub -section shall be read as if the words “or the British Baluchistan Civil Justice Regulation, 1896, as the case \r\nmay be” were ins. at the end: see the British Baluchistan laws Regulation, 1913 (2 of 1913), Sch. I. \r\n2Subs. by A.O., 1937, for “L.G.”. \r\n3For rules, see different local Rules and Orders. \r\n \r\nPage 14 of 16 \r\n \r\n(d)  prescribe the conditions to be complied with by persons applying for \r\nadmission or admitted as members, and provide for the election and admission \r\nof members, and the payment to be made and the interest to be acquired before \r\nthe exercise of the right of membership; \r\n \r\n(e)  regulate the manner in which funds may be raised by means of shares or debentures \r\nor otherwise; \r\n \r\n(f)  provide for general meetings of the members and for the procedure at such \r\nmeetings and the powers to be exercised by such meetings; \r\n \r\n(g)  provide for the appointment, suspension and removal of the members of the \r\ncommittee and other officers, and for the procedure at meetings of the committee, \r\nand for the powers to be exercised and the duties to be performed by the committee \r\nand other officers; \r\n \r\n(h)  prescribe the accounts and books to be kept by a society and provide for the audit \r\nof such accounts and the charges, if any, to be made for such audit, and for the \r\nperiodical publication of a balance-sheet showing the assets and liabilities of a \r\nsociety; \r\n \r\n(i)  prescribe the returns to be submitted by a society to the Registrar and provide for \r\nthe persons by whom and the form in which such returns shall be submitted; \r\n \r\n(j)  provide for the persons by whom and the form in which copies of entries in books \r\nof societies may be certified; \r\n \r\n(k)  provide for the formation and maintenance of a register of members and, where the \r\nliability of the members is limited by shares, of a register of shares; \r\n \r\n(1) provide that any dispute touching the business of a society between members or \r\npast members of the society or persons claiming through a member or past member \r\nor between a member or past member or persons so claiming and the committee or \r\nany officer shall be referred to the Registrar for decision or, if he so directs, to \r\narbitration, and prescribe the mode of appointing an arbitrator or arbitrators and the \r\nprocedure to be followed in proceedings before the Registrar or such arbitrator or \r\narbitrators, and the enforcement of the decisions of the Registrar or the awards of \r\narbitrators; \r\n \r\n(m)  provide for the withdrawal and expulsion of members and for the payments, if any, \r\nto be made to members who withdraw or are expelled and for the liabilities of past \r\nmembers; \r\n \r\n(n)  provide for the mode in which the value of a deceased member's interest shall be \r\nascertained, and for the nomination of a person to whom such interest may be paid \r\nor transferred; \r\n \r\n(o)  prescribe the payments to be made and the conditions to be complied with by \r\nmembers applying for loans, the period for which loans may be made, and the \r\namount which may be lent, to an individual member; \r\n \r\nPage 15 of 16 \r\n \r\n \r\n(p)  provide for the formation and maintenance of reserve funds, and the objects to \r\nwhich such funds may be applied, and for the investment of any funds under the \r\ncontrol of the society; \r\n \r\n(q)  prescribe the extent to which a society may limit the number of its members; \r\n \r\n(r)  prescribe the conditions under which profits may be distributed to the members of a \r\nsociety with unlimited liability and the maximum rate of dividend which may be \r\npaid by societies; \r\n \r\n(s)  subject to the provisions of section 39, determine in what cases an appeal shall lie \r\nfrom the orders of the registrar, and prescribe the procedure to be followed in \r\npresenting and disposing of such appeals; and \r\n \r\n(t)  prescribe the procedure to be followed by a liquidator appointed under section 42, \r\nand the cases in which an appeal shall lie from the order of such liquidator. \r\n \r\n (3) The 1[Provincial Government] may delegate, subject to such conditions, if any, as it thinks \r\nfit, all or any of its powers to make rules under this section to any authority specified in the order of \r\ndelegation. \r\n \r\n (4) The power to make rules conferred by this section is subject to the condition of the rules \r\nbeing made after previous publication. \r\n \r\n (5) All rules made under this section shall be published in the 2[official Gazette], and on such \r\npublication shall have effect as if enacted in this Act. \r\n \r\nMISCELLANEOUS \r\n \r\n 44. Recovery of sums due to Government. —(1) All sums due from a registered society or \r\nfrom an officer or member or past member of a registered society as such to the Government, \r\nincluding any costs awarded to the Govern ment under section 37, may be recovered in the same \r\nmanner as arrears of land-revenue. \r\n \r\n (2) Sums due from a registered society to Government and recoverable under sub -section (1) \r\nmay be recovered, firstly, from the property of the society; secondly, in the case of a society of \r\nwhich the liability of the me mbers is limited, from the members subject to the limit of their liability; \r\nand, thirdly in the case of other societies, from the members. \r\n \r\n 45. Power to exempt societies from conditions as to registration.  Notwithstanding anything \r\ncontained in this Act, the 1[Provincial Government] may, by special order in each case and subject to \r\nsuch conditions, if any, as it may impose, exempt any society from any of the requirements of this \r\nAct as to registration. \r\n \r\n 46. Power to exempt registered societies from provisi ons of the Act.  The 1[Provincial \r\nGovernment] may, by general or special order, exempt any registered society from any of the \r\nprovisions of this Act or may direct that such provisions shall apply to such society with such \r\nmodifications as may be specified in the order. \r\n \r\n1Subs. by A.O., 1937, for “L.G.”. \r\n2Subs. ibid., for “local official Gazette”. \r\n \r\nPage 16 of 16 \r\n \r\n 47. Prohibition of the use of the word “co-operative”. (1) No person other than a registered \r\nsociety shall trade or carry on business under any name or title of which the word \" co-operative \" is \r\npart without the sanction of the 1[Provincial Government]: \r\n \r\n Provided that nothing in this section shall apply to the use by any person or his successor in \r\ninterest of any name or title under which he traded or carried on business at the date on which this \r\nAct comes into operation. \r\n \r\n (2) Whoever contravenes the provisions of this section shall be punishable with fine which may \r\nextend to fifty rupees, and in the case of a continuing offence with further fine of five rupees for each \r\nday on which the offence is continued after conviction therefor. \r\n \r\n 48. Indian Companies Act, 1882, not to apply. The provisions of the 2[Companies Act, 1913 \r\n(VII of 1913)], shall not apply to registered societies. \r\n \r\n 49. Savings of existing societies. Every society now existing which has been registered under \r\nthe Co-operative Credit Societies Act, 1904 (X of 1904) shall be deemed to be registered under this \r\nAct, and its bye-laws shall, so far as the same are not inconsistent with the express provisions of this \r\nAct, continue in force until altered or rescinded. \r\n \r\n 50. 3[Repeal]. Rep. by the Second Repealing and Amending Act, 1914. (XVII of 1914), s. 3 and \r\nSchedule II. \r\n \r\n \r\n \r\n___________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nDate: 11-09-2024 \r\n1Subs. by A.O., 1937, for “L.G.”. \r\n2See now the Companies Act, 1913 (7 of 1913). \r\n3Subs. By Ord. No XXVII of 1981, S. 5 and Sch. IV (only to the extent of Islamabad Capital Territory).",
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