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  "title": "CO-OPERATIVE SOCIETIES (REFORMS) ORDINANCE, 1980",
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  "text": "THE CO-OPERATIVE SOCIETIES (REFORMS) ORDINANCE, \r\n1980 \r\n(XVII of 1980) \r\nCONTENTS \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n3. Ordinance to override other laws, etc. \r\n4. Act to continue to remain applicable to apex societies. \r\n5. Cessation of certain persons and members of an apex society. \r\n6. Members of Managing Committee. \r\n7. Filling up of vacancies in the Managing Committee and appointment of \r\nan Administrator in certain cases. \r\n8. Declaration as a defaulter and its consequences. \r\n9. No compensation on termination of office. \r\n10. Jurisdiction of courts barred. \r\n11. Indemnity. \r\n12. Power to make rules. \r\n13. Removal of Difficulties. \r\n \r\nTEXT \r\n1\r\nTHE CO-OPERATIVE SOCIETIES (REFORMS) ORDINANCE, 1980 \r\n(XVII of 1980) \r\n[3rd January, 1981] \r\nAn \r\nOrdinance \r\nto provide for the improvement of the constitution and working of certain co-operative \r\nsocieties in the Punjab. \r\nPreamble.– WHEREAS it is expedient to provide for the improvement of the \r\nconstitution and working of certain co-operative societies in the Punjab in the manner \r\nhereinafter appearing; \r\n NOW, THEREFORE , in pursuance of the Proclamation of fifth day of July, \r\n1977, read with the Laws (Continuanc e in Force) Order, 1977 (CMLA’s Order No. 1 \r\nof 1977), the Governor of the Punjab is pleased to make and promu lgate the \r\nfollowing Ordinance:– \r\n1. Short title, extent and commencement .– (1) This Ordinance may be called \r\nthe Co-operative Societies (Reforms) Ordinance, 1980. \r\n (2) It extends to the whole of the Province of the Punjab. \r\n (3) It shall come into force at once. \r\n2. Definitions.– (1) In this Ordinance, unless there is anything repugnant in the \r\nsubject or context,– \r\n(a) “Act” means the Co -operative Societies Act, 1925 (Bombay Act VII of \r\n1925); \r\n(b) “apex society” means any one of the following, namely:–  \r\n(i) the Co-operative Insurance Society of Pakistan Limited, Lahore; \r\n(ii) the Khanewal Co-operative Textile Mills Ltd., Khanewal; \r\n(iii) the Punjab Co-operative Union, Lahore; \r\n(iv) the Rural Supply Co-operative Corporation Limited, Lahore; and \r\n any other co -operative society which the Government may, by \r\nnotification in the official gazette, declare to be an apex society \r\nfor the purposes of this Ordinance; \r\n(c) “Government” means Government of the Punjab; and \r\n(d) “Ordinance” means the Co -operative Societies (Reforms) Ordinance, \r\n1980. \r\n                                                 \r\n1This Ordinance was promulgated by the Governor of the Punjab on 31st December, 1980; and, published in the Punjab Gazette, \r\n(Extraordinary), dated 3rd January, 1981; pages 7-B to 7-G. \r\n (2) The words and expressions used but not defined in this Ordinance \r\nshall have the same meanings as are respectively assigned to them in the Act. \r\n3. Ordinance to override other laws, etc .– The provisions of this Ordinance \r\nshall have effect notwithstanding anything to the contrary contained in any other law \r\nfor the time being in force or in the constitution or bye -laws of an apex soci ety or in \r\nany agreement, award, decree, injunction, judgment or order of any court. \r\n4. Act to continue to remain applicable to apex societies .– (1) An apex \r\nsociety shall continue to be regarded as a society and remain subject to the \r\nprovisions of the Act i n so far as they are not inconsistent with the provisions of this \r\nOrdinance. \r\n (2) The Registrar shall have power to carry into effect the provisions of this \r\nOrdinance in relation to an apex society. \r\n5. Cessation of certain persons and members of an apex so ciety.– (1) No \r\nperson other than a co-operative society shall be a member of an apex society. \r\n (2) Any person other than a co -operative society who, immediately before \r\nthe commencement of this Ordinance, was a member of such society, shall forthwith \r\ncease to be a member of such society. \r\n (3) When, by virtue of a notification issued under clause (b) of sub -section \r\n(1) of section 2, any society is declared as an apex society, the provisions of sub -\r\nsections (1) and (2), shall become applicable thereto from the  date of such \r\nnotification. \r\n (4) Notwithstanding the cessation of membership under sub -section (2), a \r\nperson ceasing to be a member of an apex society shall not be absolved of any \r\nliability incurred by him as a member of the society before such cessation. \r\n (5) Where a person has ceased to be a member of an apex society under \r\nsub-section (2) or (3), the price paid by him for the shares held by him in the society \r\nshall be refunded to him. \r\n6. Members of Managing Committee .– (1) No person shall be elected to or  \r\nhold the office of a member of the Managing Committee of an apex society unless he \r\nhas been duly elected or nominated by the society, represented by him, in \r\naccordance with the bye -laws of the society, and any person who is at the \r\ncommencement of this Ordinance, a member of the Managing Committee of an apex \r\nsociety without having been elected or nominated as such, shall cease to be a \r\nmember of the Managing Committee forthwith. \r\n (2) A member of the Managing Committee of an apex society shall not \r\nhold office  for more than two consecutive terms or parts thereof and shall not be \r\neligible for membership of that committee except after the expiration of a period of \r\nthirty-six months immediately following the two consecutive terms. \r\n (3) A person who has been a memb er of the Managing Committee of an \r\napex society for a continuous period of six years or more immediately preceding the \r\ncommencement of this Ordinance shall forthwith cease to be a member of such \r\ncommittee. \r\n (4) No person ceasing to hold office of a member of the Managing \r\nCommittee of an apex society in pursuance of sub -section (3) shall be eligible for \r\nmembership of the Managing Committee of that society except after the expiration of \r\na period of thirty-six months from the commencement of this Ordinance. \r\n (5) No person shall, at the same time, be on the Managing Committee of \r\nmore than one apex society. \r\n (6) Where a person was a member of the Managing Committee of more \r\nthan one apex society at the time of the commencement of this Ordinance, he shall \r\nforthwith resign from the membership of the Managing Committee of all such \r\nsocieties other than the one in which he wishes to retain such office and if he does \r\nnot so resign within a period of fifteen days from such commencement he shall be \r\ndeemed to have resigned the office in the apex society in which he was elected last \r\nand shall cease to be a member of the Managing Committee of the other apex \r\nsociety forthwith. \r\n (7) When, by virtue of a notification issued under clause (b) of sub -section \r\n(1) of section 2, any so ciety is declared as an apex society, the provisions of sub -\r\nsections (1), (3), (4) and (6) shall become applicable thereto from the date of such \r\nnotification. \r\n (8) Where a person is a member of the Managing Committee of an apex \r\nsociety, he shall not seek e lection to the membership of the Managing Committee of \r\nanother apex society unless he first resigns his office in the Managing Committee of the \r\napex society of which he is a member. \r\n (9) Nothing contained in this section shall apply to any person who is a \r\nmember of the Managing Committee of an apex society by virtue of his holding an \r\noffice in the service of Pakistan or who has been appointed as such by Government \r\nor the Registrar. \r\n7. Filling up of vacancies in the Managing Committee and appointment of \r\nan Administrator in certain cases.– (1) If the vacancies caused by the members of \r\nthe Managing Committee of an apex society ceasing to hold office in pursuance of \r\nsub-sections (1), (3) and (6), of section 6, do not exceed one -third of the total \r\nnumber of membe rs of the Managing Committee, the vacancies shall be filled in \r\naccordance with the bye-laws of the society. \r\n (2) If the vacancies caused by the members of the Managing Committee of \r\nan apex society ceasing to hold office in pursuance of sub-sections (1), (3) and (6) of \r\nsection 6 exceeds one -third of the total number of members of the Managing \r\nCommittee, it shall stand superseded forthwith and the affairs of the society shall be \r\nmanaged, and all powers and functions of the Managing Committee shall be \r\nexercised and performed by an Administrator who shall be appointed by the \r\nRegistrar and hold office until the persons elected as members of the Managing \r\nCommittee at the elections held in pursuance of sub -section (3) have assumed \r\noffice. \r\n (3) Where the Managing Committee of an apex society stands superseded \r\nin pursuance of sub-section (2), another committee shall be constituted by election in \r\na general meeting of the society to be called by the Registrar which shall be fixed by \r\nhim and which shall not be later than  the date of expiry of a period of six months \r\nfrom the date of such supersession: \r\n Provided that the aforesaid period of six months may be extended by \r\nGovernment for another period not exceeding six months. \r\n8. Declaration as a defaulter and its consequences.– (1) Any person who– \r\n(a) has taken a loan from any society which has been outstanding against \r\nhim for six months or more after it has become payable; or \r\n(b) has taken a loan from any society which is repayable by installments \r\nand the amount of three or more instalments has been outstanding for \r\nsix months or more from the date on which the amount of the last \r\ninstalment becomes payable; \r\n  may be declared to be a defaulter by the Registrar. \r\n (2) Any persons aggrieved by an order of the Registrar under sub -section \r\n(1) may, within thirty days of the date of the order, prefer an appeal to the \r\nGovernment and the decision of the Government on such an appeal shall be final:\r\n2\r\n[Provided that no order under sub -section (2) shall be passed without giving \r\nthe appellant an opportunity of being heard.] \r\n (3) Any person who is a member of the Managing Committee of an apex \r\nsociety and is declared to be a defaulter under sub -section (1), shall forthwith cease \r\nto hold such office. \r\n9. No compensation on termination of office .– No compensation shall be \r\npayable for the removal from or cessation of membership or termination of any office \r\nor supercession of any committee by virtue of operation of any of the provisions of \r\nthis Ordinance. \r\n10. Jurisdiction of courts barred .– (1) No cou rt, including the High Court, shall \r\ncall in question, or permit to be called in question, any provision of this Ordinance, or \r\nany rule or order made or anything done or action taken or purporting to be made, \r\ndone or taken thereunder. \r\n (2) No court, includi ng the High Court, shall grant an injunction or make \r\nany order or entertain any proceedings in relation to anything done or intended or \r\npurporting to be done under this Ordinance.  \r\n11. Indemnity.– No suit, prosecution or other legal proceedings shall lie a gainst \r\nGovernment or the Registrar or any other person for anything done in good faith under \r\nthis Ordinance or any rule made thereunder. \r\n12. Power to make rules .– Government may, by notification in the official \r\ngazette, make such rules as appear to it to b e necessary or expedient for carrying \r\nout the purposes of this Ordinance. \r\n13. Removal of Difficulties .– If any difficulty arises in giving effect to any of the \r\nprovisions of this Ordinance, Government may make such order not inconsistent with \r\nthe provision s of this Ordinance, as may appear to it to be necessary for the \r\npurposes of removing the difficulty: \r\n Provided that no such order shall be made after the expiration of one year \r\nfrom the commencement of this Ordinance. \r\n                                                 \r\n2Added by the Cooperative Societies (Reforms) (Amendment) Ordinance, 1984 (XIV of 1984); and published in the Punjab Gazette \r\n(Extraordinary), dated 16.12.1984, s.2",
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