CO-OPERATIVE SOCIETIES ACT, 1925
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Co-Operative Societies 1925: Act VII
THE SCHEDULE [repealed]
TEXT 1THE CO-OPERATIVE SOCIETIES ACT, 1925 (VII of 1925) [4 December 1925] An Act to consolidate and amend the law relating to co-operative societies in 2[ 3[Province of the Punjab]]. 4[Preamble.– WHEREAS it is expedient to provide for the formation, registration and regulation of cooperative societies for the promotion of thrift, self help and mutual assistance amongst agriculturist or other persons with common economic or social interests and for achieving better standards of living and for the matters incidental thereto; It is hereby enacted as follows:–] 5[CHAPTER I Preliminary]
Section 1. Short title
This Act may be called the 6[*] Co-operative Societies Act, 1925. 7[
[8] Section 2. Extent
This Act shall extend to whole of the Punjab.]]
Section 3. Definitions
In this Act, unless there is anything repugnant in the subject or context, 1[(a) “beneficial owner” means a natural person who owns or controls a society, whether
1For Statement of Objects and Reasons, see Bombay Government Gazette 1924, Part V, pp. 46-48; for Report of Select Committee, see ibid., 1924, Part V, pp. 108-13 and ibid., 1925, Part V, pp. 68-70; and for Proceedings in Council, see Bombay Legislative Council Debates, 1924 and 1925, Vols. XII, XIII and XV. Also see the Bombay Code, Supplementary Volume, Second Edition, Part I, printed in 1935, also see the Bombay Code, Volume V, Fifth Edition, printed in 1938.
2Substituted for the word “Sind” by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan (Extraordinary), dated April 30, 1965, pp. 1987-1989, s. 2. It was earlier substituted for the words “the Province of Sind” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2 read with the Schedule, Part IV, it came into force on June 8,
1962. The words “Province of Sind” were previously substituted for the words “presidency of Bombay” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955).
3Substituted for the words “the Province of West Pakistan” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(b).
4Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 2.
5Substituted for the word “Preliminary” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 7 read with the Schedule III, Part IV, it came into force with effect from April 24,1947. Earlier the words and figure “Chapter I-Preliminary” were substituted for the word “Preliminary” by the Bombay Co-operative Societies (Sind Amendment) Act, 1936 (Sind Act VIII of 1936), s. 2.
6Omitted the word “Sind” by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan (Extraordinary), dated April 30, 1965, pp. 1987-1989, s. 3.The word “Sind” was earlier substituted for the word “Bombay” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 3(i).
7Substituted for the original section 2 by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 4, as amended by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955) and the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849,
s. 2 read with the Schedule, Part IV, it came into force on June 8, 1962.
8Substituted by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 3.
directly or indirectly or by voting rights or by exercising effective control in that society or by such other means as may be prescribed;] 2[(aa)] “by-laws” means by-laws registered under this Act and for the time being in force and includes a registered amendment of such by-laws;
(b) “Committee” means the Committee of Management or other directing body to whom the management of the affairs of a society is entrusted; 3[(bb) “Financing Bank” means a society the main object of which is to make loans in cash or in kind to any other society or to an agriculturist who is not a member of a society or to both societies and such agriculturists;]
4[(bb-i) “Government” means Government of the Punjab;]
5[(bbb) “Loan” includes finance as defined in the Banking Tribunals Ordinance, 1984 (Ordinance No. LVIII of 1984) and all cognate expressions shall be construed accordingly];
(c) “Member” includes a person joining in the application for the registration of a society or a person admitted to membership after registration in accordance with the rules and by-laws applicable to such society;
(d) “Officer” includes a Chairman, Secretary, Treasurer, member of committee or other person empowered under the rules or under the by-laws of a society to give directions in regard to the business of such society; 6[(dd) “prescribed” means prescribed by the rules made under this Act.]
(e) “Society” means a society registered or deemed to be registered or deemed to be registered under this Act;
(f) “Registrar” means a person appointed to perform the duties of a Registrar of Co-operative Societies under this Act;
(g) “Rules” means rules made under this Act; 7[(gg) “Secretary Cooperatives” means Secretary to the Government, Cooperatives Department;]
(h) (1) a “resource society” means a society formed with the object of obtaining for its members the credit, goods or services required by them;
(2) a “producers‟ society” means a society formed with the object of producing and disposing of goods as the collective property of its members and includes a society formed with the object of the collective disposal of the labour of the members of such society;
1Added by the Co-operative Societies (Second Amendment) Act 2020, published in the Punjab Gazette (Extraordinary), dated September 10, 2020, pp. 1053-1056, s. 2(a).
2Renumbered for “a” by the Act ibid.
3Substituted by the Bombay Co-operative Societies (Sind Amendment) Act, 1947 (Sind Act XX of 1947), s. 2. Earlier inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 2.
4Inserted by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 4(a).
5Inserted by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in the Punjab Gazette (Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(1).
6Inserted by the Co-operative Societies (Second Amendment) Act 2020, published in the Punjab Gazette (Extraordinary), dated September 10, 2020, pp. 1053-1056, s. 2(b).
7Inserted by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 4(b).
(3) a “consumers‟ society” means a society formed with the object of obtaining and distributing goods to or of performing services for its members, as well as to other consumers and of dividing among its members and customers in a proportion prescribed by the rules or by the by-laws of such society, the profits accruing from such supply and distribution;
(4) a “housing society” means a society formed with the object of providing its members with dwelling houses 1[and facilities relating to housing needs] on conditions to be determined by its by-laws;
(5) a “general society” means a society not falling under any of the four classes above-mentioned. The Registrar shall classify all societies under one or other of the above heads and his decision shall be final. A society formed with the object of facilitating the operations of any one of the above classes of societies shall be classified as a society of that class. A list of all such societies, so classified shall be published annually in the 2[Official Gazette]. 3[CHAPTER II Registration]
Section 4. The Registrar
4[The 5[Government]] may appoint a person to be Registrar of Co- operative Societies for 6[the Province] or any portion of it, and may appoint a person or persons to assist such Registrar, and may, by general or special order, confer on any such person or persons all or any of the powers of a Registrar under this Act.
[7] Section 4A. Power of Registrar to issue search warrant
(1) For the purpose of recovering any papers, documents or books of account belonging to a society, the Registrar may issue a search warrant and exercise all such powers with respect thereto as may be lawfully exercised by a magistrate under the provisions of Chapter VII of the Code of Criminal Procedure, 1898 8, and all such searches shall be made in accordance with the provisions of that Code.
1Ibid., s. 4(c).
2Substituted for the words “Bombay Government Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.
3The words and figures “Chapter II-Registration” were substituted for the word “Registration” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 7 read with the Schedule III, Part IV, it came into force on 24 April 1947. Also see the Bombay Co-operative Societies (Sind Amendment) Act 1936 (Sind Act VIII of 1936), s.
2.
4Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
5Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
6Substituted for the word “Sind” by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 5. It was earlier substituted for the words “the Province” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2 read with the Schedule, Part IV, it came into force on June 8, 1962.
The word “Province” was previously substituted for the word “Presidency” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955).
7Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 3.
8V of 1898.
(2) The powers under sub-section (1) shall not be exercised by the Registrar before serving a notice on the society and giving it a reasonable opportunity to produce such papers, documents or books of account as are specified in such notice.]
Section 5. Societies which may be registered
Subject to the provisions hereinafter contained a society which has as its object the promotion of the economic interests of its members in accordance with co-operative principles, or a society established with the object of facilitating the operations of such a society, may be registered under this Act with or without limited liability:
Provided that, unless 1[the 2[Government]] by general or special order otherwise directs–
(a) the liability of a society of which a member is a society shall be limited; 3[(b) if a society is a member of another society, that society shall nominate any of its members to serve as a director of the society of which it is a member;
(c) the director of a society who is nominated under clause (b) shall be a natural person and shall provide prescribed information to the society to which he is nominated in the prescribed manner;
(d) the secretary of a society shall keep an updated record of any nominated directors, as well as provide prescribed information of the nominated directors to the Registrar both annually and from time to time when changes occur in the prescribed manner;
(e) the Registrar shall keep an updated record of the nominated Directors of all societies in the prescribed manner;
(f) other than as set out in subsection (b), no director shall nominate on his behalf a member or director to perform the membership rights on his behalf.] 4[(g)] the liability of a society of which the primary object is the creation of funds to be lent to its members, and of which the majority of the members are agriculturists and of which no member is a registered society shall be unlimited and the members of such a society shall, on its liquidation, be jointly and severally liable for and in respect of all obligations of such a society:
provided further that when the question whether the liability of a society is limited or unlimited has once been decided by the Registrar at the time of registration his decision shall be final.
Section 6. Restrictions on interest of member of society with limited liability and a share capital
Where the liability of the members of a society is limited by shares, no member other than a society shall–
(a) hold more than such portion of the share capital of the society, subject to a maximum of one-fifth, as may be prescribed by the rules; or
1Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
2Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
3Inserted by the Co-operative Societies (Second Amendment) Act 2020, published in the Punjab Gazette (Extraordinary), dated September 10, 2020, pp. 1053-1056, s. 3.
4Renumbered for “b” by the Act ibid.
1[ 2[(b) have or claim to have an interest in the shares of the society not exceeding two hundred thousand rupees and if the society is a housing society, a member may have or claim to have an interest in the shares of the society, not exceeding five hundred thousand rupees:
provided that the aforementioned restrictions shall not apply to the Government if it chooses to become a member of a society, in public interest, except a housing society.]]
[3] Section 7. Conditions of registration
4[(1) No society, other than a society of which a member is a society, shall be registered under this Act, unless it consists of at least ten members; in case of a producers‟ society consists of at least fifty members; and, in case of a housing society consists of at least one hundred members:
Provided that each member of a society, except the housing society and producers‟ society, shall have the ordinary place of abode in the same patwar circle or adjoining patwar circle.]
(2) No society shall be registered for the purpose of carrying on business as a banking society, financing bank or which uses as part of its name under which it proposes to carry on business, the word “bank” or “banking” unless–
(a) it has a paid up capital of not less than twenty million rupees or such higher amount, as may be prescribed; and
(b) satisfies such other conditions as may be prescribed.
(3) The word “Limited” shall be the last word in the name of every society registered with limited liability.]
[5] Section 7A. Eligibility for membership
A person shall be eligible to become member of a society if– (a) in case of an individual, he is above the age of eighteen years, is of sound mind, is solvent and has not applied to be adjudged as an un-discharged insolvent;
(b) it is a cooperative society; or
(c) it is a body corporate or a company.]
6[
[7] Section 8. Power of Registrar to decide certain questions
If any question arises as to whether for the purposes of this Act, a person is an agriculturist or not, or as to which patwar circle he is resident of, the question shall be decided by the Registrar, whose decision shall be the final.]
Section 9. Application for registration
(1) For purposes of registration an application to register shall be made to the Registrar.
1Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 3.
2Substituted by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 5.
3Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 4.
4Substituted by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 6.
5Inserted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 5.
6Substituted by the Act ibid., s. 6.
7Substituted by the Co-operative Societies (Second Amendment) Act 2020 (XXII of 2020), published in the Punjab Gazette (Extraordinary), dated September 10, 2020, pp. 1053-1056, s. 4.
1[(2) The application for registration of a cooperative society shall be–
(a) made in writing specifying the address of its proposed registered office; 2[(b) signed by at least fifty persons in case of a producers‟ society; hundred persons in case of a housing society; and, at least ten persons for any other category of societies with proof of the identifications of those persons:
provided that the condition as to the number of persons shall not be applicable in case where at least one of the proposed members is a society;]
(c) accompanied, in the case of producers, or housing society or any other society which is likely to adversely affect the environment, approval of the competent authority in accordance with section 12 of the Pakistan Environmental Protection Act, 1997 (Act XXXIV of 1997);
(d) accompanied by the following documents:
(i) a feasibility report showing its financial viability; Explanation.– Financial viability shall include a statement of finances relating to the expected business turn over of the society, stating the number of members and expenditures being within its income;
(ii) proof that promoter members‟ contributions towards the paid up share capital are in accordance with the feasibility report;
(iii) proof of the payment of such registration fee as may be prescribed; provided that different registration fee may be prescribed for different categories of societies; provided further that in case of agriculture society, the registration fee shall not exceed five hundred rupees; 3[*]
(iv) a copy of the proposed by-laws of the society 4[;] 5[(v) information as may be prescribed about its members, beneficial owners, running affairs of the society; and
(vi) information as may be prescribed regarding its employees and officers, and the reasons, if any, for running the affairs by them, in case the society is run by non-members i.e. officers or employees.]
(3) A housing society shall, within a period of one year of its registration, furnish the schedule of proposed development of land, master plan, site plan indicating availability of the existing public utilities, public amenities and other allied facilities in the area and, in case of its failure, the Registrar may de-register the society after affording it an opportunity of hearing.
(4) The Registration fee shall be deposited in the account of the Registrar and shall be utilized in the prescribed manner.]
1Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 7.
2Substituted by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 7.
3Omitted the word “and” by the Co-operative Societies (Second Amendment) Act 2020, published in the Punjab Gazette (Extraordinary), dated September 10, 2020, pp. 1053-1056, s. 5(a).
4Substituted for the full stop by the Act ibid., s. 5(b).
5Added by the Act ibid.
Section 10. Registration
If the Registrar is satisfied that a society has complied with the provisions of this Act and the rules and that its proposed by-laws are not contrary to 1[any law for the time being in force], he may register the society and its by-laws.
Section 11. Evidence of registration
A certificate of registration signed by the Registrar shall be conclusive evidence that the society therein mentioned is duly registered unless it is proved that the registration of the society has been cancelled.
Section 12. Annual general meeting
Every society shall within a period of three months after the date fixed for making up its accounts for the year under the rules for the time being in force call a general meeting of its members.
Section 13. Special general meeting
A special general meeting may be called at any time by a majority of the committee and shall be called within one month–
(1) on the requisition in writing of one-fifth of the members of the society, or
(2) at the instance of the Registrar.
Section 14. Change of name: its effect
A society may, by a resolution of a general meeting and with the approval of the Registrar, change its name: but such change shall not affect any right or obligation of the society, or of any of its members, or past members and any legal proceedings pending may be continued by or against the society under its new name.
[2] Section 15. Amalgamation and division of societies
(1) Any two or more societies may, with the prior approval of the Registrar, by a resolution passed by two-third majority of the members present and voting in a general or special meeting of the societies, amalgamate as a single society.
(2) A society may, with the prior approval of the Registrar, by a resolution passed by two-third majority of the members present and voting in a general or special meeting of the society divide the society into two or more societies.
(3) A society or societies, as the case may be, by way of a resolution passed in accordance with this section, transfer to, divide or amalgamate its or their assets and liabilities with any other society or societies in case of division or amalgamation with the prior written consent of the creditor or creditors, if any, of the society or the societies.
(4) Division of assets and liabilities shall take place after due approval and audit and in such manner, as may be prescribed.
(5) No new society arising out of an existing society shall be registered unless it satisfies the conditions of registration of a society under this Act or the rules.]
[3] Section 15A. Merger of a society in a company, etc
4[(1) Notwithstanding anything contained in this Act and subject to any other law for the time being in force, a society may, with the written consent of its creditors and the approval of the Registrar, by a resolution passed by two-third majority of its members present and voting in a special general meeting and incorporating the terms and conditions of the proposed merger, merge itself in a company or
1Substituted for the words “this Act or to the rules” by the Cooperative Societies (Amendment) Act, 1992 (I of 1992), published in the Punjab Gazette (Extraordinary), dated June 4, 1992, s. 2.
2Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 8.
3Inserted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 9.
4Substituted by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 8.
a body corporate and the merger of a society shall be as a whole rather than merger of any part or phase of such society:
Provided that notice of the special general meeting shall be served upon all the members of the society through registered post, recognized courier service and through publication in a daily newspaper of national circulation at least fifteen days before such meeting.]
(2) On the fulfillment of the legal formalities and disposal of objections, if any, the Registrar may issue a certificate authorizing such merger.
(3) On the issuance of the certificate under sub-section (2), all the assets and liabilities of the society shall stand transferred to the company or the body corporate, as the case may be.]
Section 16. Amendment of the by-laws of a society
1[(1) No amendment of the bye-laws of a society shall be valid until it is registered under this Act.]
(2) If the Registrar is satisfied that any amendment of the by-laws 2[made by a society] is not contrary to 3[any law for the time being in force], he may register the amendment.
(3) When the Registrar registers an amendment of by-laws of a society 4[under sub-section (2)], he shall issue to the society a copy of the amendment certified by him, which shall be conclusive evidence that the same is duly registered.
[5] Section 16A. Powers of the Registrar to amend bye-laws
(1) If the Registrar is satisfied that the bye-laws of a society are inconsistent with any law for the time being in force, or it is necessary in the interest of the society and its members to make amendments in such bye- laws, he may, by means of a notice in writing, giving reasons, bring the fact to the notice of the society and advise the society to make the amendments within a period of sixty days.
(2) If the society fails to make such amendments within the time specified in subsection (1), the Registrar may, after giving the society an opportunity of being heard, register such amendments as he may decide and issue to the society a copy of the amendment registered by him.
(3) An appeal shall lie to the 6[Secretary Cooperatives] from an order of the Registrar passed under subsection (2) within two months of the date of communication of the order.] 7[CHAPTER III
1Substituted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 5(i).
2Inserted by the Act ibid., s. 5(ii).
3Substituted for the words “this Act or to the rules” by the Cooperative Societies (Amendment) Act, 1992 (I of 1992), published in the Punjab Gazette (Extraordinary), dated June 4, 1992, s. 3.
4Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 5(iii).
5Added by the Cooperative Societies (Amendment) Act, 1992 (I of 1992), published in the Punjab Gazette (Extraordinary), dated June 4, 1992, s. 4, and substituted by the Cooperative Societies (Amendment) Ordinance, 2001 (I of 2002), published in the Punjab Gazette (Extraordinary) dated January 5, 2002, s. 2, It will remain in force under the Provisional Constitution
(Amendment) Order, 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
6Substituted for the word “Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 9.
7Substituted for the words “Rights and liabilities of members” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 7, Schedule III, Part IV, it came into force with effect from 24 April 1947. Earlier the words and figures “Chapter III-Rights and liabilities of members” were substituted for the words “Rights and liabilities of members” by the Bombay Co-operative Societies (Sind Amendment) Act, 1936 (Sind Act No. VIII of 1936), s. 2.
Rights and liabilities of members]
Section 17. No rights of membership to be exercised till due payments are made
No person shall exercise the rights of a member of a society unless or until he has made such payment to the society in respect of membership, or acquired such interest in the society as may be prescribed by the rules or the by-laws of such society.
[1] Section 17A. Special provisions for membership of Resource societies
Notwithstanding anything contained in this Act and any other law for the time being in force–
(i) every application made by any person for membership of an Agricultural Credit Society shall be accompanied by a declaration specifying the immovable property on which he agrees to have a charge created for the dues of the society; and no such person shall be admitted as a member or shall exercise rights of a member of such society unless he makes such declaration;
(ii) any member of an Agricultural Credit Society may at any time make a declaration as in clause (i) regarding immovable property on which he agrees to have a charge created for the dues of the society of which he is a member;
(iii) a declaration made under clause (i) or (ii) may be varied at any time by a member with the consent of the society in favour of which such charge is created;
(iv) no member of an Agricultural Credit Society so long as he continues to remain such member shall alienate the whole or any part of the property specified in the declaration made under clause (i) or (ii);
(v) any alienation of any property specified in the declaration made under clause
(i) or (ii) by such member shall be void;
(vi) subject to the prior claim of 2[Government] in respect of land revenue or any money recoverable as arrears of land revenue, there shall be a first charge in favour of the society on the property specified in the declaration under clause
(i) or (ii) in respect of and to the extent of any debt or other outstanding demand owing by such member to the society;
(vii) an entry regarding a charge on immovable property created by a declaration under clause (i) or (ii) or any variation made therein under clause (iii) shall be made in the record of rights maintained under Chapter XA of the 3[Sind] Land Revenue Code, 1879, 4[or the relevant provisions of any other law relating to land revenue in force in the area,] notwithstanding anything contained in the said Chapter. Explanation.– For the purposes of this section an „Agricultural Credit Society‟ means a resource society of which the primary object is the creation of funds to be lent to its members and of which a majority of the members are agriculturists and of which no member is a registered society and the liability of which is limited.]
1Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 6.
2Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated 3 June 1964, pp. 1805-1849, s. 2 read with the Schedule, Part IV; it came into force on 8 June
1962.
3Substituted for the word “Bombay” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), section 3(i); it came into force with effect from 30 May 1951.
4Added by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 6.
[1] Section 17B. Expulsion of a member
(1) A society may recommend to the Registrar to expel from its membership a member who is a persistent defaulter of the dues of the society or who commits any act prejudicial to the interests of the society:
Provided that the managing committee of the society shall, after affording the member an opportunity of hearing, place the matter before the general body of the society and approval thereof shall be communicated to the Registrar.
(2) The Registrar may expel such a member from the society after affording him an opportunity of hearing.
(3) The Registrar shall, before passing the expulsion order, determine the amount payable, if any, by the society to the member and may direct that the expulsion order would take effect from the date of payment of the amount to such member or its deposit in the account of the Registrar.
2[(4) Subject to subsection (3), a member shall cease to be member of the society from the date when the expulsion order of the Registrar takes effect, and in case of housing society, the plot of the defaulter member shall also be cancelled along with cancellation of membership under subsection (1):
Provided that this provision shall not apply to a member of a housing society who has made full payment towards the cost of land and the requisite development charges.]]
[3] Section 17C. Transfer of interest in a housing society
A member of a society shall cease to be the member of such society in case all his interests in the immovable property in the society are transferred in favour of any other person by sale, inheritance, gift or otherwise, and the person acquiring such interests shall subject to the rules, be admitted as a member:
Provided that where more than one persons acquire the interests, one of such persons, with mutual consent or the person older in age, shall be admitted as a member having right to vote while other persons shall be the members without right to vote:
Provided further that where a minor or mentally disabled person acquires the interests, the natural or legal guardian of the minor or, as the case may be, the person bound to maintain the disabled person shall be admitted as a member and such membership shall stand transferred to the minor as soon as he acquires majority or to the disabled person as soon as his disability is removed.]
Section 18. Votes of members
(1) No member of any society shall have more than one vote in its affairs, provided that in the case of an equality of votes the chairman shall have a casting
vote.
(2) A Society which has invested any part of its funds in the shares of another society, may appoint one of its members to vote in the affairs of such other registered society.
[4] Section 18A. General body and managing committee
(1) The powers and management of a society shall vest in its general body consisting of all its members.
1Inserted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 10.
2Substituted by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 10.
3Inserted by the Act ibid., s. 11.
4Inserted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 11.
(2) A society shall have a managing committee, constituted in accordance with the rules and the by-laws, which shall exercise such powers and functions as may be delegated to it by the general body.
(3) Subject to any general or special order of the 1[Government], the Registrar may, on such terms and conditions as he may deem fit, appoint not more than two experts on the managing committee of a society for the development and proper management of the society.
(4) The Registrar may require a society to obtain approval of its general body, in any matter concerning the business of the society, before proceeding further in the matter.] 2[ 3[18-B]. Disqualification for being, and for voting at an election of Director, Manager or other officer of the society.– A member of the society to which the provisions of this section have been applied by the 4[Government] by notification in the Official Gazette shall be disqualified for being, and for voting at an election of, a Director, Manager or other officer of the Society–
(a) if he has taken a loan from the Society which has been outstanding for six months or more after it has become payable and has not been re-paid up to the day immediately preceding the date of the election, or
(b) if he has taken a loan from the Society which is repayable by installments and the amount of three or more installments has been outstanding for six months or more from the date on which the amount of the last installment became payable and has not been re-paid up to the day immediately preceding the date of the election. Explanation.– The date on which the loan or installment becomes payable is the date specified in the bond or any other instrument in writing evidencing the loan but does not include any extension thereof.]
Section 19. Restrictions on transfer of share or interest
(1) The transfer or charge of the share or interest of a member in the capital of a society shall be subject to such conditions as to maximum holding as may be prescribed by this Act or by the rules.
(2) A member shall not transfer any share held by him or his interest in the capital or property of any society or any part thereof unless–
(a) he has held such share or interest for not less than one year; and
(b) the transfer or charge is made to the society or to a member of the society or to a person whose application for membership has been accepted by the society. 5[CHAPTER IV Duties of societies]
1Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
2Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1941 (Sind Act XVIII of 1941), published in the Sind Government Gazette, dated February 26, 1942, s. 2.
3Section 18A renumbered as 18-B by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 11.
4Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
5Substituted for the words “Duties of Societies” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 7, Schedule III, Part IV, it came into force with effect from 24 April 1947. Earlier the words and figures “Chapter IV-Duties of societies” were substituted for the words “Duties of societies” by Bombay 8 of 1936, s. 2.
[1] Section 20. Address of societies
(1) Every society shall have a registered office which shall be the address of the society.
(2) A society shall not change its address without the prior approval of the Registrar:
Provided that before seeking the approval of the Registrar, the society shall inform its members‟ creditors and where applicable, the society of which it is a member, by post and also through two national daily Newspapers, as to the proposed change of the address.
(3) The approval of the Registrar shall immediately be communicated by the society to its members‟ creditors and the society of which it is a member.]
[2] Section 20A. Provision of information
(1) The Secretary of a society shall provide information to the Registrar annually or as and when required by Registrar, in such manner and in such form as may be prescribed.
(2) The Secretary of a society shall provide any information, including but not limited to information regarding beneficial owners, members, nominees of the members, officers, employees and Managing Committee of the Society, in the prescribed manner to the relevant officer or authority under the Anti-Money Laundering Act, 2010 (VII of 2010).
Section 20B. Provision of information by the Registrar
The Registrar shall provide information to any officer or the authority mentioned under section 20-A upon a request in writing, regarding the members and beneficial owners, officers/employees of the society, assets or shares held by the members in the society, their addresses, nominees of the members, properties and financial condition of the society.]
Section 21. Copy of Act etc., to be open to inspection
Every society shall keep open to inspection at all reasonable times at the registered address of the society–
(a) a copy of this Act,
(b) a copy of the rules governing such society,
(c) a copy of the by-laws of such society, 3[*] 4[(d) an up to date register of its members and nominees of the members,] 5[(e) an up to date register to its beneficial owners, and
(f) such other information as may from time to time be required by the Registrar.]
[6] Section 21A. Updating of records of societies
(1) The Registrar shall keep such record of the beneficial owners, members, nominees of the members, directors, managing committee and employees of the societies as may be prescribed.
(2) Within three months of the commencement of the Punjab Cooperative Societies (Amendment) Act 2020, every society shall provide the information about its beneficial owners to the Registrar.
1Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 12.
2Inserted by the Co-operative Societies (Second Amendment) Act 2020, published in the Punjab Gazette (Extraordinary), dated September 10, 2020, pp. 1053-1056, s. 6.
3Omitted the word “and” by the Co-operative Societies (Second Amendment) Act 2020, published in the Punjab Gazette (Extraordinary), dated September 10, 2020, pp. 1053-1056, s. 7(a).
4Substituted by the Act ibid.
5Added by the Act ibid., s. 7(b).
6Inserted by the Act ibid., s.8.
(3) If a society fails to provide the information as required under subsection (2), the Registrar may proceed under section 4-A of this Act.
(4) For the purposes of ensuring the requirements set out in subsections (1), (2) and (3), the Registrar shall exercise such responsibilities and powers as may be prescribed.]
Section 22. Audit
1[(1) The Registrar shall, by himself, an auditor or a committee of auditors appointed by him, through general or special order in this behalf, specifying the period for completion, audit the accounts of every society once at least in a year:
Provided that no person shall audit the accounts of a society for two consecutive years.]
2[(1-A) The Registrar may, by general or special order, determine the fee payable to the auditor or the committee of the auditors, as the case may be, and the fee so determined shall be payable by the society.]
(2) The audit under sub-section (1) shall include an examination of overdue debts, if any, the verification of cash balance and securities, and a valuation of the assets and liabilities of the society.
(3) The Registrar or other person auditing the accounts of any society shall have free access to the books, accounts and vouchers of such society and shall be allowed to verify its cash balances and securities.
The Directors, Managers, and other officers of the society shall furnish to the Registrar or other person appointed to audit the accounts of a society all such information as to its transactions and working as the Registrar or such person may require.
(4) The Registrar and every other person appointed to audit the accounts of a society shall have power, when necessary–
(i) to summon at the time of his audit any officer, agent, servant or member of the society who he has reason to believe can give valuable information in regard to any transaction of the society or the management of its affairs, or
(ii) to require the production of any book or document relating to the affairs of any cash or securities belonging to the society by the officer, agent, servant, or member in possession of such book, document, cash or securities.
[3] Section 22A. Power of Registrar to exercise powers under section 50A in the course of an audit
Where, in the course of an audit under section 22 it appears to the Registrar that there exists any such ground as is specified in section 50A, he may, of his own motion or on the application of the person authorised by him under section 22, exercise the powers specified in section 50A].
[4] Section 22B. Internal audit committee
(1) Every housing and producers‟ society, in addition to the audit of accounts under section 22, shall also get the accounts audited by an internal audit committee comprising at least three members of the society other than the members of its managing committee as may be appointed by the general body with their consent.
1Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 13.
2Inserted by the Act ibid., s.14.
3Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 7.
4Inserted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 15.
(2) The report of the internal audit committee shall be submitted by the society or the committee to the Registrar within one month of the receipt or compilation of such report.] 1[CHAPTER V Privileges of societies]
Section 23. Societies to be bodies corporate
The registration of a society shall render it a body corporate by the name under which it is registered, with perpetual succession and a common seal, and with power to hold property, to enter into contracts, to institute, and defend suits and other legal proceedings and to do all things necessary for the purposes of its constitution.
Section 24. Prior claim of society
Subject to any prior claim of 2[Government] in respect of land revenue or any money recoverable as land revenue or of a landlord in respect of rent or any money recoverable as rent,
(a) any debt or outstanding demand owing to a society by any member or past member 3[or, in the case of a society authorised under sub-section (1) of section 34 to make loans to non-members, by a non-member] shall be a first charge (i) upon crops or other agricultural produce raised in whole or in part with a loan taken from the society by 4[such member, past member or non- member], and (ii) upon any cattle, fodder for cattle, agricultural or industrial implements or machinery, or raw materials for manufacture or workshop, godown or place of business, supplied to or purchased by 5[such member, past member or non-member] in whole or in part from any loan whether in money or goods given, him by the society:
Provided that nothing contained in this clause shall effect the claims of any bona fide purchaser or transferee for value without notice of any such crops or other agricultural produce, cattle, fodder for cattle or raw materials for manufacture or workshops, or agricultural or industrial implements; and
(b) any outstanding demands or dues payable to a housing society by any member or past member in respect of rent, shares, loans, or purchase money or any other rights or amounts payable to such society shall be a first charge upon his interest in the immovable property of the society.
Section 25. Charge and set-off in respect of shares or interest of member
A society shall have a charge upon the share or interest in the capital and on the deposits of a member or past member and upon any dividend, bonus or profits payable to a member or past member in respect of any debt due from such member or past member to the society, and may set-off any sum credited or payable to a member or past member in or towards payment of any such debt.
1Substituted for the words “Privileges of Societies” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 7, Schedule III, Part IV, it came into force with effect from 24 April 1947. Earlier the words and figures “Chapter V-Privileges of societies” were substituted for the words “Privileges of societies” by Bombay 8 of 1936, s.
2.
2Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated 3 June 1964, pp. 1805-1849, s. 2 read with the Schedule, Part IV; it came into force on 8 June
1962. These were earlier substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
3Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1947 (Sind Act XX of 1947), s. 4(a).
4Substituted for the words “such member or past member.” by the Act ibid., s. 4(b).
5Ibid.
Section 26. Shares or interest not liable to attachment
Subject to the provisions of section 25, the share or interest of a member in the capital of a society or in any provident fund established under section 41 of this Act shall not be liable to attachment or sale under any decree or order of a Court of justice in respect of any debt or liability incurred by such member, and 1[neither the Official Assignee under the Insolvency (Karachi Division 2[* * *]) Act, 1909 nor a receiver under the Provincial Insolvency Act, 1920, shall] be entitled to or have any claim on such share or interest.
Section 27. Transfer of interest on death of member
(1) On the death of a member of a society such society may within a period of one year from the death of such member transfer the share or interest of the deceased member to a person or persons nominated in accordance with the by-laws of the society, if duly admitted a member of the Society, in accordance with the rules or the by-laws of the society, or, if there is no person so nominated, to such person as may appear to the Committee to be the heir or legal representative of the deceased member if duly elected a member of the society, or may pay to such nominee, heir or legal representative, as the case may be, a sum representing the value of such member‟s share or interest as ascertained in accordance with the rules or by-laws:
Provided that such nominee, heir or legal representative, as the case may be, may require that payment shall be made by the society within one year from the death of the member of the value of the share or interest of such member ascertained as aforesaid. 3[Provided further that the nominee, heir or legal representative shall distribute the amount received by him among the heirs of the deceased.]
(2) A society shall subject to the provisions of section 25 and unless prevented by an order of a competent court pay to such nominee, heir or legal representative, as the case may be, all other moneys due to the deceased member from the society.
(3) All transfers and payments made by a society in accordance with the provisions of this section shall be valid and effectual against any demand made upon the society by any other person.
Section 28. Liability of past member
The liability of a past member for the debts of a society as they existed at the time when he ceases to be a member, shall continue for a period of two years from the date of his ceasing to be a member.
[4] Section 29. Liability of the estate of deceased member
The estate of a deceased member shall be liable for the debts of the society, at the time of his death, for a period of one year.]
Section 30. Register of members
Any register or list of members or shares kept by any society shall be prima facie evidence of any of the following particulars entered therein:–
(a) the date at which the name of any person was entered in such register or list as a member;
(b) the date at which any such person ceased to be a member.
1Substituted for the words “a Receiver under the Provincial Insolvency Act, 1920, shall not” by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 7. These words were earlier substituted for the words “neither the Official Assignee under the Presidency Town, Insolvency Act, 1920, shall” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 7 read with Schedule III.
2Deleted the words “and Dacca” by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in the Punjab Gazette (Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(2).
3Added by the Cooperative Societies (Amendment) Ordinance, 1985 (VIII of 1985), published in the Punjab Gazette (Extraordinary), dated February 23, 1985, s. 2.
4Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 16.
Section 31. Admissibility of copy of entry as evidence
(1) A copy of any entry in any book, register or list regularly kept in the course of business in the possession of a society shall, if duly certified in such manner as may be prescribed by the rules, be admissible in evidence of the existence of the entry and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent to which the original entry would, if produced, have been admissible to prove such matters.
(2) In the case of such societies as 1[the 2[Government]] by general or special order may direct no officer of a society shall in any legal proceedings to which the society is not a party be compelled to produce any of the society‟s books, the contents of which can be proved under sub-section (1), or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of the Court or a Judge made for special
cause.
Section 32. Exemption from compulsory registration of instruments relating to shares 3[etc] of society
Nothing in section 17, sub-section (1), clauses (b) and (c), of the 4[* * * * *] Registration Act, 1908 5, shall apply to–
(1) any instrument relating to shares in a society notwithstanding that the assets of the society consist in whole or in part of immovable property; or
(2) any debenture 6[participation term certificate 7[term] finance certificate, musharika certificate, modaraba certificate and such other instruments as may be approved by the State Bank of Pakistan], issued by any society and not creating, declaring, assigning, limiting or extinguishing any right, title or interest to or in immovable property except in so far as it entitles the holder to the security afforded by a registered instrument whereby the society has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of 8[such instruments]; or
(3) any endorsement upon or transfer of any debenture 9[participation term certificate, term finance certificate, musharika certificate, modaraba certificate, and such other instruments as may be approved by the State Bank of Pakistan], issued by any society.
Section 33. Power to exempt from income-tax, stamp-duty, registration and court fees
(1) The 10[ 1[Federal] Government], by notification in the 2[Official Gazette], may, in the case of
1Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
2Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
3Substituted for the words “and debentures” by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in the Punjab Gazette (Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(3)(i).
4The word “Indian” was omitted by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 4; it came into force with effect from 30 May 1951. 5XVI of 1908.
6Inserted by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in the Punjab Gazette (Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(3)(ii)(a).
7Added by corrigendum published at p. 3029 in the Gazette of Punjab (Extraordinary), dated December 31, 1984.
8Substituted for the words “such debentures” by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in the Punjab Gazette (Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(3)(ii)(b).
9Inserted by the Ordinance ibid., s. 2(3)(iii).
10Substituted for “Governor-General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4(1) and Table of General Adaptations. Now „Federal
any society or class of societies, remit the income-tax or super-tax payable in respect of the profits of the society, or of the dividends or other payment received by the members of the society on account of profits or in respect of interest 3[or return] on securities held by the society.
(2) The 4[ 5[Government]] by notification in the 6[Official Gazette], may, in the case of any society or class of societies, remit–
(a) the stamp-duty with which, under any law for the time being in force, instruments executed by or on behalf of a society or by an officer or member and relating to the business of the society, or any class of such instruments 7[or security bonds executed by or on behalf of officers or servants of a society] or awards of the Registrar or arbitrators under this Act are respectively chargeable; and
(b) any fee payable under the law of registration and of court fees for the time being in force. 8[* * * * * * * * * ]
Section 33A. 9[Government] may give loans or guarantee interest 10[or return]
With such safeguards as may be prescribed by rules in this behalf 11[the 12[Government]] may give loans
Government‟, see the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975), published in Gazette of Pakistan (Extraordinary), Part-I, dated August 1, 1975, pp. 435-467, see Article 2 read with Table of General Adaptations.
1Substituted for the word “Central” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 12.
2Substituted for the words “Gazette of India” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.
3Inserted by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in the Punjab Gazette (Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(4).
4Substituted for the word “Government” by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 8(a), which was earlier substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
5Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
6Substituted for the words “Bombay Government Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.
7Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 8.
8The paragraph beginning with the words “in this sub-section” and ending with the words “the Provincial Government”, which was earlier inserted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts) were omitted by the Sind Co- operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan
(Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 8.
9Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
10Inserted by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in the Punjab Gazette (Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(5)(i).
11Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
12Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
to societies or guarantee the payment of 1[the principal of debentures issued by them or of interest 2[or return] thereon or both].] 3[CHAPTER VI Property and funds of societies]
Section 34. Restrictions on loans
(1) Except with the general or special sanction of the Registrar 4[and subject to such terms and conditions as he may impose] a society shall not make a loan to any person other than a member.
(2) Save with the sanction of the Registrar, a society with unlimited liability shall not lend money on the security of movable property.
(3) 5[The 6[Government]] may, by general or special order, prohibit or restrict the lending of money on mortgage of immovable property by any society or class of societies. 7[(4) Where the Registrar has accorded sanction to a financing bank under sub- section (1) to make loans to non-members, a society which is a member of such financing bank may, subject to the terms of the sanction and such other terms and conditions as the Registrar may impose, act as an agent of the financing bank and as such agent carry out, on or without the payment of any commission, all or any transactions connected with any loans made or to be made by the financing bank].
[8] Section 34A. Prohibition on issuance of bearer shares, warrants
No society shall allot, issue, sell, transfer or assign any bearer shares, bearer share warrants or any other equity or debt security of a bearer nature, by whatever name called, and any allotment, issue, sale, transfer, assignment or other disposition of any bearer shares or bearer share warrants or any other equity or debt security of a bearer nature, shall be void.]
Section 35. Restrictions on borrowing 9[and donations]
A society shall receive deposits 10[, donations, grants] and loans from persons who are not members only to such extent and under such conditions as may be prescribed by the rules or by the bye-laws of the society.
Section 36. Restrictions on other transactions with non-members
Consumers‟, producers‟ and housing societies may to the extent permitted by their by-laws trade with persons who are not members, but the transactions of a resource society with persons other than
1Substituted for the words “interest on debentures issued by them” by the Bombay Co-operative Societies (Sind Amendment) Act, 1935 (Bombay Act XXII of 1935), s. 2.
2Inserted by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in the Punjab Gazette (Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(5)(ii).
3Substituted for the words “property and funds of Societies” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 7, Schedule III, Part IV, it came into force with effect from April 24, 1947.
Earlier the words and figures “Chapter VI-Property and funds of societies” were substituted for the words “Property and funds of societies” by Bombay Co-operative Societies (Sind Amendment) Act, 1936 (Sind Act No. VIII of 1936), s. 2.
4Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1947 (Sind Act XX of 1947), s. 5(a).
5Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
6Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
7Added by the Bombay Co-operative Societies (Sind Amendment) Act, 1947 (Sind Act XX of 1947), s. 5(b).
8Inserted by the Co-operative Societies (Second Amendment) Act 2020, published in the Punjab Gazette (Extraordinary), dated September 10, 2020, pp. 1053-1056, s. 9.
9Added by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 17(a).
10Inserted by the Act ibid., s.17(b).
members except as provided under section 34 or 35 shall be subject to such prohibitions and restrictions, if any, as 1[the 2[Government]] may by rules prescribe.
Section 37. Investment of funds
A society may invest or deposit its funds–
(a) in the Government Saving Bank; or
(b) in any of the securities specified in section 20 of the 3[* * *] Trusts Act, 1882 4;
or
(c) in the shares or on the security of any other society, provided that no such investment shall be made in the shares of any society other than one with limited liability; or
(d) with any bank or person carrying on the business of banking approved for this purpose by the Registrar; or
(e) in any other mode permitted by the rules.
[5] Section 38. Restriction on dividend
(1) No society, other than housing, banking or producers‟ society, shall pay a dividend to its members at a rate exceeding ten percent of its net profits.
(2) A housing, banking or producers‟ society shall pay a dividend to its members at a rate not exceeding twenty percent of its net profits.]
Section 39. Reserve fund
(1) Every society which does or can derive a profit from its transactions shall maintain a reserve fund.
(2) In the case of a resource or producers‟ society at least 1/4th of the net profits of the society each year shall be carried to the reserve fund and in the case of any other society at least 1/10th of the net profits of the society each year shall be carried to the reserve fund, and such reserve fund may be used in the business of the society or may be invested, subject to the provisions of section 37, as 6[the 7[Government]] may by general or special order direct, or may, with the previous sanction of 8[the 9[Government]] be used in part for some public purpose likely to promote the objects of this Act or for some purposes of provincial or local interest.
Section 40. Restriction on distribution of profits
Subject to the provisions of section 38 the balance of the profits of a society after making the prescribed provisions for the reserve fund may, together with any available profits of past years be distributed among its members, and in the case of consumers‟ and producers‟ societies, also among persons who are not
1Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
2Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
3The word “Indian” omitted by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 4; it came into force with effect from 30 May 1951. 4II of 1882.
5Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 18.
6Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
7Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
8Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
9Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
members, to the extent and under the conditions prescribed by the rules or by the by-laws of such societies, provided that:–
(a) in the case of a resource society on a basis of unlimited liability in which the members do not hold shares, no distribution of profits shall be made without the general or special order of 1[the 2[Government]] in this behalf; and
(b) in the case of a resource society on a basis of unlimited liability in which the members hold shares, no such distribution of profits shall be made until 10 years from the date of registration of the society have elapsed.
Section 41. Provident fund
Any society may establish a provident fund for its members out of contributions from such members in accordance with by-laws made by the society in this behalf and may contribute to such provident fund from its net profits, after the prescribed payments have been made to the reserve fund, provided that such provident fund shall not be used in the business of the society but shall be invested under the provisions of section 37; and provided further, that no part of such provident fund shall be considered as an asset of the society.
Section 42. Contribution to charitable purpose
With the approval of the 3[Registrar] and after the payments prescribed by sub-section (2) of section 39 have been made to the reserve fund, any society may–
(a) set aside a sum not exceeding 20 per cent of its net profits, and
(b) utilize from time to time the whole of such sum in contributing to any public or co-operative purpose, or to a charitable purpose as defined in section 2 of the Charitable Endowments Act, 1890
4. 5[CHAPTER VII Inspection of affairs]
Section 43. Inquiry by Registrar
(1) The Registrar may of his own motion by himself or by a person duly authorised by him in writing in this behalf hold an inquiry into the constitution, working and financial condition of a society.
(2) The Registrar shall hold such an inquiry as is contemplated in sub-section (1) of this section–
(a) on the requisition of a society, duly authorised by rules made in this behalf to make such requisition, in respect of one of its members, such member being itself a society,
(b) on the application of a majority of the Committee of the society,
(c) on the application of 1/3rd of the members of the society.
1Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp.75-344, Article 3 read with Schedule III (Bombay Acts).
2Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
3Substituted for the words “Bombay Central Co-operative Institute” by the Bombay Co-operative Societies (Sind Third Amendment) Act, 1940 (Sind Act XVI of 1940), s. 2.
4VI of 1890.
5Substituted for the words “Inspection of Affairs” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 7, Schedule III, Part IV, it came into force with effect from April 24, 1947. Earlier the words and figures “Chapter VII-Inspection of affairs” were substituted for the words “Inspection of affairs” by Bombay 8 of 1936, s. 2.
(3) All officers and members of the society whose affairs are investigated shall furnish such information in their possession in regard to the affairs of the society as the Registrar or the person authorized by the Registrar may require.
(4) The result of any inquiry under this section shall be communicated to the society whose affairs have been investigated.
Section 44. Inspection of books of indebted society
(1) The Registrar may, on the application of a creditor of a society inspect or direct some person authorized by him by order in writing in this behalf to inspect the books of the society:
Provided that–
(a) the applicant satisfies the Registrar that the debt is a sum then due, and that he has demanded payment thereof and has not received satisfaction within a reasonable time; and
(b) the applicant deposits with the Registrar such sum as security for the costs of the proposed inspection as the Registrar may require.
(2) The Registrar shall communicate the result of any such inspection to the creditor. 1[
[2] Section 44A. Inspection of books and properties
The Registrar, or any of his authorized representative, shall have access and right to inspect the books, accounts, cash, documents, properties and securities of a society and every employee, past or present, of the society shall produce the same and furnish such information with regard to the transactions and working of the society as the person making such inspection may require.]]
[3] Section 44B. Power of Registrar to exercise powers under section 50A in the course of an inquiry or inspection
Where, in the course of any inquiry under section 43 or an inspection under section 44 or section 44A it appears to the Registrar that there exists any such ground as is specified in section 50A, he may, of his own motion or on the application of the person authorised by him under section 43 or section 44 or section 44A, exercise the powers specified in section 50A].
[4] Section 44C. Power to remove officers
(1) An officer of a Society, by whatever name called may be removed by the Registrar, if, on an enquiry, he is satisfied that the said officer–
(i) acts in a manner prejudicial to the interest of the society or its members; or
(ii) has incurred any of the disqualifications or has ceased to possess any of the qualifications for being an officer provided by the Act, rules or bye-laws; or
(iii) has committed an act in respect of which the Registrar is empowered to take action under section 50-A.
1Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), published in the Sind Government Gazette, dated April 15, 1943, s. 9.
2Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 19.
3Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 9.
4Added sections 44-C, 44-D and 44-E by the Cooperative Societies (Amendment) Act, 1992 (I of 1992), published in the Punjab Gazette (Extraordinary), dated June 4, 1992, s. 5.
(2) An order under sub-section (1) shall not be passed without giving to the concerned officer a reasonable opportunity of being heard.
(3) On being removed, the officer shall not perform any functions as such in relation to the society.
(4) An officer aggrieved by an order under sub-section (1) may, within a period of seven days from the date of the order of his removal, prefer an appeal to such Appellate Authority as may be constituted by the Government and the decision of the said Authority shall be final:
Provided that the provisions of this section shall not apply to the Punjab Provincial Cooperative Bank Ltd. 1[ 2[(5) The Registrar may suspend, for a period not exceeding three months, a member of the managing committee of a society or any officer or official of the society against whom an inquiry is pending under this Act or there are reasons to believe that any such member, officer or official has committed any irregularity, illegality, breach of trust or act prejudicial to the interests of the society.]]
Section 44D. Power of Registrar to give directions
(1) Where the Registrar is satisfied that in the public interest or to prevent the affairs of any society from being conducted in a manner detrimental to the interest of its members or depositors or the society or to secure the proper management of any society generally, it is necessary to issue directions to the societies generally or to any society in particular, it may issue necessary directions and the societies or as the case may be the society shall be bound to comply with such directions.
(2) The Registrar may on a representation made to him or on his own motion modify or cancel any direction issued under sub-section (1) and in so modifying or cancelling any direction impose such conditions as he may think fit subject to which the modification or cancellation shall have effect.
Section 44E. Special measures
(1) If it appears to the Registrar that in the interest of the members of a society or its depositors, it is necessary that the moneys received and other assets of the Society, whether held in the name of that society or any other person, are protected and preserved, the Registrar or any other person authorised by him, may without prejudice to any other action or proceedings which may be taken against the society under any law for the time being in force-
(i) enter and search any premises and seize books of account or other documents or records;
(ii) take in his custody all moneys, cash securities, title deeds, properties, whether movable or immovable, belonging to such society including those being held on behalf of or in the name of any officer, employee or agent of the society, beneficiary or transferee of such Society or other person or their dependents;
(iii) direct any bank, financial institution or person to freeze all moneys deposited with it or him on behalf of the society or of any officer, employee, agent, beneficiary or transferee of such society;
(iv) take all necessary steps and measures for identifying assets and property of the society and for realization, protection and preservation thereof;
1Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 20.
2Substituted by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 13.
(v) restrain any society or officer, employee, agent, beneficiary or transferee of such society or any person deriving or claiming title through any of them from alienating, transferring, selling, assigning, disposing of or parting with possession of any property movable or immovable or deriving any benefit, rent or income therefrom;
(vi) make such order for realization, protection and preservation of deposits of money and other assets and property of the society as he may deem fit.
(2) The order passed under sub-section (1) may at any time be withdrawn and shall not remain in force for more than one year.]
[1] Section 44F. Grievance redressal
(1) A member or a society can approach the Registrar for redressal of grievances, not covered under section 54, by filing an application.
(2) The Registrar may issue notice to the parties, and after providing an opportunity of hearing, redress the grievance through a written order.
(3) Any party aggrieved by an order of the Registrar may file an appeal in the manner as
provided under section 64 of this Act, before the Secretary Cooperatives within two months of the date of communication of the order.]
Section 45. Costs of inquiry
Where an inquiry is held under section 43 or an inspection is made under section 44 the Registrar may apportion the costs, or such part of the costs, as he may think right, between the society, the members or creditors demanding the inquiry or inspection, the officers or former officers, and the members or past members of the society 2[Costs may also be awarded by the Registrar to the financing bank in the case of inspection under section 44A of the books of any society other than an Agricultural Credit Society the liability of which is unlimited]:
Provided that–
(a) no order of apportionment 3[or award] of the costs shall be made under this section unless the society or persons liable to pay the costs thereunder has or have been heard or has or have had a reasonable opportunity of being heard;
(b) the Registrar shall state in writing under his own hand the grounds on which the costs are apportioned 4[or awarded]. 5[Explanation.– For the purposes of this section an Agricultural Credit Society means a resource society of which the primary object is the creation of funds to be lent to its members and of which a majority of the members are agriculturists and of which no member is a registered society and the liability of which is unlimited.] collaborate
[6] Section 46. Recovery of costs
Any sum awarded by way of costs under section 45, may be recovered, on the application of the Registrar, by a Magistrate having jurisdiction in the place where the person from whom the money is claimable actually and voluntarily resides, or carries on business, or by an officer authorized in this behalf by the Government, by distress
1Inserted by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 14.
2Added by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 10(i).
3Inserted by the Act ibid., s.10 (ii).
4Ibid.
5Ibid.
6Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 21.
and sale of any movable property belonging to such person, within the limits of the jurisdiction of such Magistrate or any such officer.] 1[CHAPTER VIII Liquidation and Arbitration]
Section 47. Winding up
If the Registrar, after an inquiry has been held under section 43 or after an inspection has been made under section 44 2[or section 44-A] or on receipt of an application made by 3[two third] of the members of a society present at a special general meeting, called for the purpose or of his own motion, in the case of a society that has not commenced working, or has ceased working 4[***], is of opinion that the society ought to be wound up he may issue an order directing it to be wound up, and the when necessary, may appoint a liquidator for the purpose and fix his remuneration.
[5] Section 48. Society may be wound up if membership is reduced
(1) The Registrar may, by order in writing, direct a society to be wound up, if at any time it is proved to his satisfaction that the membership of the society has been reduced to less than the requisite minimum number of members and the society, despite a reasonable opportunity, has failed to raise the number of members to be in accordance with the provisions of this Act.
(2) All existing societies shall, within two years of the commencement of this Act, raise their membership to be in accordance with the provisions of this Act, failing which the Registrar may wind up such a society after affording it an opportunity of being heard.]
[6] Section 48A. Winding up of housing society
If a housing society fails to complete development and allotment of plots in accordance with its development schedule, the Registrar may order the winding up of the society after affording it an opportunity of hearing.]
Section 49. Effect of cancellation of registration
When the affairs of a society for which a liquidator has been appointed under section 47 have been wound up, or, where no liquidator has been appointed, after two months from the date of an order under section 47, or after confirmation of such order in appeal, the Registrar shall make an order cancelling the registration of the society, and the society shall be deemed to be dissolved from the date of such order.
[7] Section 49A. Records of cancelled societies
(1) The Registrar shall keep all the records of a society along with proceeding of liquidation completed whose registration has been cancelled for a period not less than five years.
(2) The Secretary of a society whose registration has been cancelled shall also keep the record of the society for a period not less than five years:
1Substituted for the words “Liquidation and Arbitration” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 7, Schedule III, Part IV, it came into force with effect from April 24, 1947.
Earlier the words and figures “Chapter VIII-Liquidation and Arbitration” were substituted for the words “Liquidation and Arbitration” by the Bombay Co-operative Societies (Sind Amendment) Act, 1936 (Sind Act No. VIII of 1936), s. 2.
2Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 11.
3Substituted for the words “three fourths” by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 22(a).
4Omitted the words “or possesses shares or members deposits not exceeding Rs.500/-” by the Act ibid., s. 22(b).
5Substituted by the Act ibid., s.23.
6Inserted by the Act ibid., s.24.
7Inserted by the Co-operative Societies (Second Amendment) Act 2020, published in the Punjab Gazette (Extraordinary), dated September 10, 2020, pp. 1053-1056, s. 10.
provided that the society shall dispose of its record after five years after the approval of the Registrar Cooperative Societies.]
Section 50. Power of a liquidator
A liquidator appointed under section 47 shall have power with the sanction of the Registrar to do all or any of the following things:–
(a) pay any class or classes of creditors in full;
(b) make any compromise or arrangement with creditors or persons claiming to be creditors or having or alleging themselves to have any claim, present or future, whereby the society may be rendered liable;
(c) to compromise all calls or liabilities to calls and debts, and liabilities capable of resulting in debts, and all claims, present or future, certain or contingent, subsisting or supposed to subsist between the society and a contributory or alleged contributory or other debtor or person apprehending liability to the society and all questions in any way relating to or affecting the assets or the winding up of the society on such terms as may be agreed and take any security for the discharge of any such call, liability, debt, or claim and give a complete discharge in respect thereof;
(d) from time to time to determine the contribution to be made or remaining to be made by the members or past members or by the estates or nominees, heirs or legal representatives of deceased members or by any officer to the assets of the society, such contribution including debts due from such members or persons;
(e) to institute and defend suits and other legal proceedings on behalf of the society in the name of his office;
(f) to issue requisitions under section 59 upon the Collector for the recovery as arrears of land revenue of any sum ordered by him to be recovered as dues from members, or as a contribution to the assets of the society or to the cost of liquidation;
(g) to get disputes referred to arbitration;
(h) to investigate all claims against the society and subject to the provisions of this Act as to decide questions of priority arising out of such claims, and to pay rateably according to the amount of such debts, the surplus if any being applied in payment of interest 1[or return] from the date of liquidation at a rate to be fixed by the Registrar and not exceeding the contract rate;
(i) to determine by what persons and in what proportion the cost of the liquidation shall be borne;
(j) to give such directions in regard to the collection and distribution of the assets of the society as may appear to him to be necessary for winding up the affairs of the society;
(k) to fix the time or times within which creditors shall prove their debts and claims or be included for the benefit of any distribution made before those debts or claims are proved;
(l) to carry on the business of the society so far as may be necessary for the beneficial winding up of the same:
1Inserted by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in the Punjab Gazette (Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(6).
Provided that no liquidator shall determine the contribution, debt or dues to be recovered from a past member or the representative of a deceased member unless opportunity has been given to such past member or to such representative to answer the claim. 1[Provided further that all debts due to 2[Government] shall have priority over all debts which are not secured by a mortgage, charge or lien on the property of the society or any part thereof but nothing herein contained shall affect the provisions of sections 137 and 138 of the 3[Sind] Land Revenue Code, 1879 4 5[, or any other law relating to land revenue in force in the area].]
Section 50A. Power of Registrar to assess damage against delinquent promoters, etc
6[(1) Where, in the course of winding up of a society, it appears that any person who has taken part in the organization or management of the society or any past or present Chairman, Secretary, member of managing committee or any officer of the society has misapplied or retained or become liable or accountable for any money or property of the society or has been guilty of misfeasance or breach of trust in relation to the society or, where the society is acting under subsection (4) of section 34 as agent of the financing bank, has made any payment contrary to the instructions of the financing bank, the Registrar may himself or on the recommendation of the liquidators, auditor, enquiry officer in case of violation of section 44-D or any of the creditor or contributory of such society, examine into the conduct of such person and make an order requiring him to repay or restore the money or property or any part thereof respectively with interest at such rate as the Registrar thinks just, or to contribute such sum to the assets of the society or of the financing bank by way of compensation in regard to the misapplication, retainer misfeasance or breach of trust as the Registrar thinks just.]
(2) This section shall apply notwithstanding that the act is one for which the offender may be criminally responsible.
Section 51. Bar of suit in winding up and dissolution matters
Save in so far as is expressly
provided in this Act no civil court shall take cognizance of any matter 7[arising out of any proceedings under Chapter VIII-A or] connected with the winding up or dissolution of a society under this Act and when a winding up order has been made no suit or other legal proceeding shall lie or be proceeded with against the society except by leave of the Registrar and subject to such terms as he may impose.
Section 52. Disposal of surplus assets
After all the liabilities including the paid-up share capital of a cancelled society have been met, the surplus assets shall not be divided amongst its members but they shall be devoted to any object or objects described in the by- laws of the society and when no object is so described to any object of public utility determined by the general meeting of the society and approved by the Registrar or they may
1Added by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 12.
2Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated 3 June 1964, pp. 1805-1849, s. 2 read with the Schedule, Part IV; it came into force on 8 June
1962.
3Substituted for the word “Bombay” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 3(i) (with effect from May 30, 1951).
4Sind V of 1879.
5Added by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 9.
6Substituted by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 15.
7Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1947 (Sind Act XX of 1947), s. 7.
in consultation with them either be assigned by the Registrar in whole or in part to any or all of the following:–
(a) an object of public utility of local or communal interest,
(b) a charitable purpose as defined in section 2 of the Charitable Endowments Act, 1890
1.
(c) the 2[ 3[* * *] Provincial Co-operative Institute], or may be placed on deposit with 4[the Provincial Co-operative Bank] until such time as a new society with similar conditions is registered when with the consent of the registrar such surplus may be credited to the reserve fund of such new society.
Section 53. Surplus assets of housing society
Where the society directed to be wound up is a housing society, its assets, both movable and immovable, shall for the purposes of winding up or dissolution of the society jointly vest, subject to all rights and equities, in three persons of whom one shall be nominated by the Registrar, one shall be nominated by the said society in a general meeting specifically called for the purpose and one shall be nominated by the 5[ 6[* * *] Provincial Co-operative Institute]. Such persons shall, for the purpose of winding up or dissolution of the society be Joint Liquidators and shall have all the powers of a liquidator under this Act. They may, with the sanction of the Registrar, continue the working of the society, or may, subject to his sanction and in consultation with the members of the society in a general meeting, reconstruct the society or may sell off the premises of the society to the best advantage of all interests concerned, and when all the liabilities of the society are met, may dispose of the surplus assets of the society, if any, as provided in section 52.
Section 54. Arbitration
7[If any dispute touching the business of a society (other than a dispute regarding disciplinary action taken by the society or its committee against a paid servant of the society) arises–
(a) between members or past members of the society or persons claiming through a member or past member, or
(b) between members or past members or persons so claiming and any past or present officer, agent or servant of the society, or
(c) between the society or its committee, and any past or present member of the society, or
(d) between the society or its committee, and any past or present officer, agent or servant of the society, or a surety of such officer, agent or servant, whether such surety is or is not a member of the society, 8[or].
1VI of 1890.
2Substituted for the words “Bombay Central Co-operative Institute” by the Bombay Co-operative Societies (Sind Third Amendment) Act, 1940 (Sind Act XVI of 1940), s. 3.
3Omitted the word “Sind” by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 10.
4Substituted for the words “a Central Co-operative Bank” by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in the Punjab Gazette (Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(8).
5Substituted for the words “Bombay Provincial Co-operative Institute” by the Bombay Cooperative Societies (Sindh Third Amendment) Act, 1940 (Sind Act XVI of 1940).
6Omitted the word “Sind” by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan (Extraordinary) dated 30 April 1965, pp. 1987-1989, s. 10.
7Substituted for the first paragraph by the Bombay Co-operative Societies (Sind Amendment) Act, 1944 (Sind Act VIII of 1944),
s. 2.
8Added by the Bombay Co-operative Societies (Sind Amendment) Act, 1947 (Sind Act XX of 1947), s. 8(a).
1[(e) between a financing bank authorised under sub-section (1) of section 34 and a person who is not a member of a society], 2[or] 3[(f) between two societies.] it shall be referred to the Registrar for decision by himself or his nominee, or if either of the parties so desires, to arbitration of three arbitrators who shall be the Registrar or his nominee and two persons of whom one shall be nominated by each of the parties concerned.] A dispute shall include 4[the question whether a person is or was a member of a society and also] claims by a society for debts or demands due to it from 5[a member, past member or non-member] or the heirs or assets of a past member 6[or non-member] whether such debts or demands be admitted or not:
Provided that if the question at issue between a society and a claimant, or between different claimants, is one involving complicated questions of law and fact, the Registrar may, if he thinks fit, suspend proceeding, in the matter until the question has been tried by a regular suit instituted by one of the parties or by the society. If no such suit is instituted within six months of the Registrar‟s order suspending proceedings, the Registrar shall take action as laid down in paragraph 1 of this section.
[7] Section 54A. Registrar’s power to set aside the award and order the dispute to be referred back to arbitration
8[(1) In the case of any award made by the arbitrators under section 54, the Registrar, if he is not one of such arbitrators, may of his own motion or on the application of any of the parties to the award, by an order in writing recording reasons therefor,–
(a) modify or correct the award (i) where it appears that a part of the award is upon a matter not referred to arbitration and such part can be separated from the other part and does not affect the decision on the matter referred; or (ii) where the award is imperfect in form or contains any obvious error which can be amended without affecting such decision; or (iii) where the award contains a clerical mistake or an error arising from an accidental slip or omission; or
(b) remit the award or any matter referred to arbitration to the arbitrators for reconsideration–
(i) where the award has left undetermined any of the matters referred to arbitration or where it determines any matter not referred to arbitration and such matter cannot be separated without affecting the determination of the matters referred, or
(ii) where the award is so indefinite as to be incapable of execution, or
1Inserted by the Act ibid.
2Inserted by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 16.
3Added by the Act ibid.
4Added by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 13 (ii).
5Substituted for the words “a member or past member” by the Bombay Co-operative Societies (Sind Amendment) Act, 1947 (Sind Act XX of 1947), s. 8(b)(i).
6Inserted by the Act ibid., s. 8(b)(ii).
7Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1938 (Sind Act X of 1938), published in the Sind Government Gazette, dated June, 9, 1938, s. 2.
8Substituted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 14(i).
(c) set aside the award and order that the dispute shall be referred to arbitration in the manner provided in the said section:
Provided that no order referred to in clauses (a) to (c) shall be made after the issue of a certificate under section 59 for the execution of the award:
Provided further that no order under clause (c) shall be made unless the Registrar is of opinion that–
(i) an objection to the legality of the award is apparent on the face of it, or
(ii) the award has been vitiated in consequence of corruption or misconduct on the part of the arbitrators, or
(iii) the award is in any way perverse.]
(2) In making an order under 1[clause (c) of] sub-section (1), the Registrar may direct that all or any of the arbitrators who made the award shall not act again as arbitrators for deciding the dispute.
(3) Where a dispute is referred back to arbitration under 2[clause (c) of] sub- section (1), the arbitrators shall make a fresh award within such time as may be fixed by the Registrar. If the arbitrators fail to make a fresh award within the time so fixed, the Registrar or his nominee shall decide the dispute.]
Section 55. Attachment before award
Where a dispute has been referred to the Registrar under section 54 or to arbitration under clause (g) of section 50, the Registrar or his nominee or the arbitrators, as the case may be, if satisfied on inquiry or otherwise, that a party to such arbitration with intent to delay or obstruct the execution of any award that may be made,–
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove the whole or any part of his property from the jurisdiction of the Registrar, may unless adequate security is furnished direct the conditional attachment of the said property; and such attachment shall have the same effect as if made by a competent Civil Court.
Section 56. Appeal against award of arbitrator
Any party aggrieved by any decision of the Registrar‟s nominee made under section 54 3[or sub-section (3) of section 54-A] or an order passed under section 55 by the Registrar‟s nominee or arbitrators may within one month of the date of the award or order appeal to the Registrar and the Registrar shall decide the appeal 4[* * *].
[5] Section 57. Finality of awards in certain orders
The award of arbitrators or a decision by the Registrar or his nominee under section 54 or section 54A or an order passed in appeal by the Registrar under section 56 shall, subject to the provision of sections 64 and 64-A, be final and conclusive and shall not be liable to be called in question in any civil or revenue court.]
Section 58. Powers to enforce attendance
Wherever in this Act it is provided that the Registrar or person duly authorized by general or special order in writing by the Registrar in
1Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 14(ii).
2Ibid.
3Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1938 (Sind Act X of 1938), published in the Government Gazette, dated June 9, 1938, s. 3.
4Omitted the word “himself” by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 15.
5Substituted by the Act ibid., s. 16.
this behalf shall hold an inquiry under section 43 or shall make an inspection under section 44 or shall wind up a society or shall arbitrate, such Registrar, or person authorized, as the case may be, shall have the power to summon and enforce the attendance of witnesses including the parties interested or any of them and to compel them to give evidence, and to compel the production of documents by the same means and as far as possible in the same manner as is provided in the case of a civil court by the Code of Civil Procedure, 1908
1.
Section 59. Money how recovered
(1) 2[Every order passed by a liquidator under section 50, or by the Registrar under section 50A, or by the Registrar or his nominee or arbitrators on disputes referred to him or them under clause (g) of section 50 or under section 54 or under sub-section (3) of section 54A, every order passed in appeal, under section 56, every order passed by the 3[ 4[Secretary Cooperatives]] in appeal against orders under sections 50, 50A, 54 or sub-section (3) of section 54A and every order passed under section 64A shall, if not carried out, 5[* * *]]:
6[(a) on a certificate signed by the Registrar or a liquidator, be deemed to be a decree of a civil court and shall be executed in the same manner as a decree of such court; or] 7[(b) be executed according to the law for the time being in force for the recovery of arrears of land revenue; provided that any application for recovery of the amount in such a manner shall be made to the Collector and shall be accompanied by a certificate signed by the Registrar or by an officer subordinate to the Registrar to whom the said power has been delegated by the Registrar.] 8[(2) Powers of 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 such rules as may be prescribed by the 9[Government] and without prejudice to any other mode of recovery provided by or under this Act, recover by exercising powers of the Collector under the 10[Sind] Land Revenue Code, 1879 11, 12[or the relevant provisions of any other law relating to land revenue in force in the area], and the Rules thereunder–
1V of 1908.
2Substituted for the words beginning with “Every order passed by a liquidator” and ending with “be executed” by the Bombay Co-operative Societies (Sind Amendment) Act, 1940 (Sind Act V of 1940), published in the Sind Government Gazette, dated March 7, 1940, s. 4 which came into force with effect from December 4, 1925.
3Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
4Substituted for the word “Government” by the Act ibid., s. 17(a).
5Omitted the words “be executed” by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943),
s. 17(i).
6Substituted by the Act ibid., s. 17(ii).
7Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 25(1).
8Inserted sub-sections (2) and (3) by the Bombay Cooperative Societies (Sind Amendment) Act, 1950 (Sind Act XXVI of 1950),
s. 2. The original sub-section (2) was repealed by the Bombay Co-operative Societies (Sind Amendment) Act, 1935 (Sind Act XXII of 1935), s. 3.
9Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
10Substituted for the word “Bombay” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 3(i); it came into force with effect from 30 May 1951.
11Sind V of 1879.
12Inserted by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 6.
(a) any amount due under a decree or order of a Civil Court, a decision or an award of the Registrar, obtained by a registered society including a financing bank or liquidator; or
(b) any sum awarded by way of costs under sections 44-B and 45; or
(c) damages assessed in sections 22-A and 50-A; or
(d) penalty provided for in sections 61 and 62; or
(e) sums due to 1[Government] under section 65, together with the interest, 2[or return], if any, due on such amount or sum and the cost of process, by the attachment and sale or by the sale without attachment of property of the person against whom such decree, decision, award or order has been obtained or passed.
(3) Registrar or person empowered by him to be a Civil Court for certain purposes.– The Registrar or any person empowered by him in that behalf shall be deemed when exercising any powers 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 or to take some step-in-aid of such recovery to be a Civil Court for the purposes of Article 182 of the First Schedule to the Limitation Act, 1908 3.]
4[(4) The 5[Secretary Cooperatives] or the Registrar may, on an application, direct that an order or award, passed under this Act, shall be executed in accordance with the provisions of the Civil Procedure Code, 1908 (Act V of 1908) or any other law for the time being in force.
(5) The Registrar or any other officer subordinate to him, duly authorized by the Government to execute the orders or the awards, shall be deemed to be a civil court and shall have the powers vested in an executing court under the Civil Procedure Code 1908 (Act V of 1908).]
[6] Section 59A. Transfer of property which cannot be sold
(1) When in execution of an order sought to be executed under section 59, any property cannot be sold for want of buyers, if such property is in the occupancy of the defaulter or of some person on his behalf or of some person claiming under a title created by the defaulter subsequently to the issue of the certificate of the Registrar, Liquidator or Assistant Registrar under clause (a) or (b) of sub- section (1), the Court or the Collector, as the case may be, may, with the previous consent of the Registrar, direct that the said property or any portion thereof shall be transferred to the society which has applied for the execution of the said order and that the said property or the portion shall be delivered to the society in the prescribed manner.
(2) Subject to such rules as may be made in this behalf and to any right, encumbrances, charges or equities lawfully subsisting in favour of any other person, such
1Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2 read with the Schedule, Part IV, it came into force on June 8,
1962.
2Inserted by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in the Punjab Gazette (Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(9).
3IX of 1908.
4Inserted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 25(2).
5Substituted for the word “Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 17(b).
6Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1935 (Sind Act XXII of 1935), s. 4.
property or portion thereof shall be held by the said society on such terms and conditions as may be agreed upon between the Court or the Collector, as the case may be, and the said society:
Provided that any private transfer or delivery of or encumbrance or charge on the property made or created after the issue of the certificate of the Registrar, Liquidator or Assistant Registrar, as the case may be, under section 59 shall be null and void as against the said society]. 1[CHAPTER VIII-A Distraint]
Section 59B. Definitions
In this Chapter, unless there is anything repugnant in the subject or context–
(a) “Collector” includes an officer appointed by the 2[Government] to discharge any of the functions of the Collector under this Chapter;
(b) “defaulter” means a person (including his legal representatives if he is dead) from whom any such debt or outstanding demand as is referred to in section 59C is recoverable;
(c) words and expressions used herein and not hereinbefore defined shall have the meanings respectively assigned to them by the 3[Sind] Land Revenue Code, 1879 4 5[or any other law relating to land revenue in force in the area].
Section 59C. Cases in which application for distraint may be made
Where any debt or outstanding demand is due to a society from any member or past member or is due to a society, which is authorised by the Registrar under sub-section (1) of section 34 to make loans to non-members, from any person who is not a member of a society, the society may, in addition to any other remedy to which it is entitled by law, present an application to the Registrar requesting him to recover the debt or outstanding demand by distraining, while in the possession of the defaulter, any crop or other produce belonging to him, whether the same is growing or is ungathered or has been reaped or gathered.
Section 59D. Form of application
(1) Every application under the last foregoing section shall specify–
(a) particulars of the land on which the crop or produce is or has been grown;
(b) the name of the defaulter;
(c) a detailed account of the debts and outstanding demands due to the society;
(d) the nature and approximate value of the crop or produce to be distrained;
(e) if the crop or produce is growing or is ungathered, the time at which it is likely to be fit to be reaped or gathered; and
1Chapter VIII-A (sections 59-B to 59-U), inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1947 (Sind Act XX of 1947), s. 9.
2Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
3Substituted for the word “Bombay” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 3(i); it came into force with effect from 30 May 1951.
4Sind V of 1879.
5Added by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 9.
(f) if the crop or produce has been reaped or gathered, the place where it is kept or such other particulars as may suffice for its identification.
(2) The application shall be signed and verified in the manner prescribed by the Code of Civil Procedure, 1908, for the signing and verification of plaints.
Section 59E. Procedure on receipt of application
(1) A society shall at the time of making an application under section 59C, file before the Registrar such documentary evidence, if any, as it may consider necessary for the purpose of proving the statements made in the application.
(2) The Registrar may, after taking such evidence as he thinks fit, admit the application or reject it:
Provided that the person against whom the application is made shall be given a reasonable opportunity of being heard.
(3) Where the Registrar does not at once admit or reject the application, he may make an order prohibiting the removal of the crop or other produce specified in the application, pending a final decision on the application.
(4) Where an order for distraining any crop or produce is made under this section a considerable time before the crop or produce is likely to be fit to be reaped or gathered, the Registrar may suspend the execution of the order for such time as he thinks fit and may make a further order prohibiting the removal of such crop or produce pending the execution of the order of distraint.
(5) An order under sub-section (3) or sub-section (4) shall be served and published in such manner as may be prescribed by rules.
(6) Any person who shall disobey any order made under sub-section (4) prohibiting the removal of any crop or produce pending the execution of the order of distraint, after the same has been published or served upon him, or who shall, within the meaning of the 1[Pakistan] Penal Code, abet the disobedience of any such order, shall be liable, on conviction after a summary enquiry by the Collector, to a fine not exceeding double the amount due to the society for the recovery of which it is proposed to make the distraint. Such fine shall be recovered as an arrear of land revenue.
Section 59F. Execution of order for distraint
(1) If the application is admitted under the last foregoing section and an order for distraining any crop or produce is made, the Registrar shall send to the Collector for execution a copy of the order together with such particulars as may be prescribed by rules.
(2) Upon receipt of a copy of the order referred to in sub-section (1) the Collector shall depute an officer to distrain the crop or produce specified therein or such portion thereof as the Collector thinks fit and the officer so deputed shall at once proceed to the place where the crop or produce is or is kept, and distrain the same by taking charge of it himself or by placing it in the charge of some other person appointed by him in this behalf. The distraining officer shall publish a notification of the distraint in the manner prescribed by
rules.
(3) Any crop or produce which from its nature does not admit of being stored shall not be distrained at any time less than twenty days before the time at which it is likely to be fit to be reaped or gathered.
1Substituted for the word “Indian” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 4; it came into force with effect from 30 May 1951.
Section 59G. Service of notice of demand and the grounds of distraint
(1) The distraining officer shall, at the time of making the distraint serve on the defaulter–
(a) a notice of demand for the amount due and the costs incurred in making the distraint (herein after called the demand amount); and
(b) a statement of the grounds on which the distraint is made.
(2) The notice of demand and the statement shall be served in such manner as may be prescribed by rules.
Section 59H. Right to reap, etc., produce
(1) Subject to such conditions as the Collector may impose in this behalf either in the order of distraint or in any subsequent order, the defaulter may tend, reap, gather or store the crop or produce and do any other act necessary for maturing or preserving it; and if the defaulter fails to do all or any of such acts, the distraining officer may appoint a person to do all or any of them, and the costs incurred by the distraining officer for this purpose shall be recoverable from the defaulter as if they were included in the costs of distraint.
(2) The crop or produce reaped or gathered by the defaulter shall remain in charge of the distraining officer or some other person appointed by him in this behalf.
Section 59I. Sale proclamation to be issued unless demand is satisfied
(1) Unless the demand amount is immediately paid, the distraining officer shall issue a proclamation in 1[the local language of the area] of the intended sale specifying the particulars of the property distrained and the demand amount for which it is distrained and shall further notify that he will, at a place and on a day specified, not being less than three or more than seven days from the date of the distraint, sell the distrained property by public auction:
Provided that when the crop or other produce distrained is capable of being stored but has not been stored the day of the sale shall be so fixed as to allow of its being stored before the sale.
(2) Such proclamation shall be made by beat of drum in the village in which the distrained property was seized and a copy of the proclamation shall be affixed in some public place in the village and in the Mukhtiarkar‟s office.
Section 59J. Place of sale
The sale shall be held–
(a) in the case of a growing crop, on or near the land on which such crop has been grown, or
(b) if the crop or produce has been reaped or gathered, at or near the place where it is kept:
Provided that the distraining officer may direct the sale to be held at the nearest place of public resort, if he is of opinion that the crop or produce is thereby likely to sell to greater advantage.
Section 59K. Provisions relating to growing crops
(1) Where the crop is growing one and from its nature admits of being stored, the sale shall not be held until the crop is reaped or gathered and is ready for storing.
(2) Where the crop from its nature does not admit of being stored, it may be sold before it is reaped or gathered, and the purchaser shall be entitled to enter on the land by himself or by any other person appointed by him in this behalf and to do all acts necessary for the purpose of tending, reaping or gathering the crop.
1Substituted for the word “Sindhi” by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 11.
Section 59L. Manner of sale
The distrained property shall be sold by public auction in one or more lots as the officer holding the sale may determine; and if the demand amount is realised by the sale of a portion of the property, the order of distraint shall not be executed with respect to the remainder.
Section 59M. Postponement of sale
If, on the distrained property being put up for sale, a fair price, in the opinion of the officer holding the sale, is not offered for it, and if the owner of the property or a person authorised to act on his behalf applies to have the sale postponed to the next day, the sale shall be postponed until that date and shall then be completed whatever may be the price offered for the property.
Section 59N. Payment of purchase money
(1) The price of each lot shall be paid at the time of sale or as soon thereafter as the officer holding the sale directs, and in default of such payment the property shall forthwith be resold.
(2) Any deficiency of price which may happen on a resale by reason of the purchaser‟s default, and all expenses attending such resale, shall be certified to the Collector by the officer holding the sale, and shall, at the instance of the society or the defaulter, be recoverable from the defaulting purchaser as if they were an arrear of land revenue.
Section 59O. Certificate be given to the purchaser
When the purchase money has been paid in full the officer holding the sale shall grant a receipt for the same and the sale shall become absolute as against all persons whomsoever.
Section 59P. Proceeds of sale how to be applied
(1) When any property is sold under this Chapter the proceeds of the sale shall be applied to defraying the costs of distraint and sale and to the payment of the amount for which the distraint was made and the surplus, if any, shall be paid to the person whose property has been sold.
(2) The costs of distraint and sale shall be estimated at such rates as may, from time to time, be sanctioned by the 1[Executive District Officer (Revenue) or any other officer authorized by the Government in this behalf].
Section 59Q. Certain persons may not purchase
No officer or other person having any duty to perform in connection with any distraint or sale made under this Chapter and no officer or servant of any society shall, either directly or indirectly, acquire or attempt to acquire any interest in the property sold.
Section 59R. Procedure where demand is paid before the sale
(1) If at any time after a distraint has been made under this Chapter and before the sale of the distrained property the defaulter or any other person deposits with the Collector or with the distraining officer the demand amount together with such costs as may have been incurred after the service of the notice of demand, the order of distraint shall not be executed.
(2) When the distraining officer receives the deposit, he shall forthwith remit it to the Collector.
(3) After the expiration of one month from the date on which the deposit is made under sub-section (1), the Collector shall pay to the society which applied for distraint the amount due to it:
1Substituted for the word “Commissioner” by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 26. It was earlier substituted for the words “Revenue Commissioner” by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 12.
Provided that, if before the expiry of the said period the Collector receives notice of any suit in which the legality of the distraint order is questioned or compensation is claimed for illegal distraint, he shall withhold payment to the society and shall deal with the money in accordance with such decree 1[or] order as may be passed in the suit.
Section 59S. Distraint of property which is under attachment
Where an order of distraint issued under this Chapter and an order made by a Civil Court for attachment or sale relate to the same property, the order of distraint shall prevail; but if the property is sold under the order of distraint the surplus proceeds of the sale shall not be paid under section 59P to the owner of the property without the sanction of the court by which the order of attachment or sale was made.
Section 59T. Suit for compensation for wrongful distraint and appeals
No appeal shall lie against an order made by the Registrar or the Collector under this Chapter; but a person whose property is distrained on an application made under section 59C may institute a suit against the applicant for recovery of compensation if such an application is not competent under that section.
Section 59U. Savings
Nothing contained in this Chapter shall affect the operation of the provisions of 2[the Punjab Land Revenue Act, 1967 (W.P. Act XVII of 1967)] in so far as they give priority to claims of the 3[Government] to any moneys recoverable under the provisions of that Chapter over any other debt, demand or claim.] 4[CHAPTER IX Offences]
Section 60. Offences
It shall be an offence under this Act if–
(a) Default by a society, officer or member.– a society with a working capital of Rs.50,000 or more or an officer or member thereof fails without any reasonable excuse to give any notice, send any return or document, do or allow to be done anything which the society, officer or member is by this Act 5[or rules made thereunder] required to give, send, do or allow to be done; or
(b) Wilful neglect or default by a society, etc.– a society or an officer or a member thereof wilfully neglects or refuses to do any act or to furnish any information required for the purposes of this Act 6[or rules made thereunder] by the Registrar or other person duly authorised by him in writing in this behalf; or
(c) Wilful furnishing of false information.– a society or an officer or member thereof wilfully makes a false return or furnishes false information; or
1Substituted for the word “of” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind V of 1955), s. 7, Schedule III, Par IV.
2Substituted for the words “Chapter XI of the Sind Land Revenue Code, 1879, or the relevant provisions of any other law relating to land revenue in force in the area,” by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 27.
3Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
4Substituted for the word “Offences” by the Sind Laws (Adaptation, Revision, Repeal and Declaration), Ordinance, 1955 (Sind Ordinance V of 1955), s. 7, Schedule III, Part IV, it came into force with effect from 24 April 1947. Earlier the word and figures “Chapter IX-Offences” were substituted for the word “Offences” by Bombay 8 of 1936, s. 2.
5Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 18.
6Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s.18.
(d) Disobedience of summons, requisition, or order.– any person wilfully or without any reasonable excuse disobeys any summons, requisition or lawful written order issued under the provisions of this Act 1[or rules made thereunder] or does not furnish any information lawfully required from him by a person authorized to do so under the provisions of this Act 2[or rules made thereunder] 3[; or] 4[(e) Indulgence in fraudulent activities.– a member of a society indulges in fraudulent or corrupt activities concerning the management or business of the society, or indulges in any illegal or corrupt practices, as defined in the 5[Punjab Local Government Act, 2019 (XIII of 2019)], in the conduct of elections of the managing committee of the society; or
(f) Performing acts without approval.– an officer, an employee of a society or a member of the managing committee of the society performs any act without prior approval of the Registrar or of the general body of the society where such prior approval is required by law; or
(g) Making a false report or refusing to do an act.– an officer or a member of the internal audit committee of a society refuses or neglects to do an act which he is required by law to do or makes a false report; or
(h) Violation of the master plan.– a member of the managing committee of a cooperative housing society commits any violation or breach of an approved master plan 6[; or]] 7[(i) Failure to provide information.– a member, employee, director, officer or secretary of the society does not furnish information under clauses (viii), (ix),
(x) and (xi) of section 5, section 20-A, 21-A, or does not comply with subsection (1) of section 49-A or section 34-A of this Act.]
[8] Section 61. Penalty for offences not otherwise provided for
(1) Every 9[*] officer or member of a society or other person guilty of an offence under this Act for which no penalty is expressly provided in this Act shall be liable to a penalty not exceeding rupees one million.
10[(1a) Every society guilty of an offence under this Act for which no penalty is expressly provided shall be liable to a penalty not exceeding rupees ten million.]
(2) The Registrar or a person duly authorized by him shall be empowered to impose such penalty after affording an opportunity of hearing to the concerned.]
1Ibid.
2Ibid.
3Substituted for the full-stop by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 28(1).
4Inserted by the Act ibid., s.28(2).
5Substituted for the words “Punjab Local Government Ordinance, 2001 (XIII of 2001)” by the Co-operative Societies
(Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s.
18.
6Substituted for the full stop by the Co-operative Societies (Second Amendment) Act 2020, published in the Punjab Gazette (Extraordinary), dated September 10, 2020, pp. 1053-1056, s. 11.
7Added by the Co-operative Societies (Second Amendment) Act 2020, published in the Punjab Gazette (Extraordinary), dated September 10, 2020, pp. 1053-1056, s. 11.
8Substituted by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 19.
9Omitted the expression “society,” by the Co-operative Societies (Second Amendment) Act 2020, published in the Punjab Gazette (Extraordinary), dated September 10, 2020, pp. 1053-1056, s. 12(a).
10Inserted by the Act ibid., s. 12(b).
[1] Section 61A. Penalty for offences under clause (i) of section 60
Any member, employee, director, officer or secretary of the society found guilty under clause (i) of section 60 shall be punishable with imprisonment for a term which may extend to five years or with fine up to rupees two million or with both, and if any society is found guilty under clause (i) of section 60, it shall be liable to a fine up to a maximum of one fourth of its working capital.]
Section 62. Prohibition of the use of the word “co-operative”
(1) No person other than a registered society shall without the sanction of 2[the 3[Government]], trade or carry on business under any name or title of which the word “co-operative” or its vernacular equivalent forms part:
Provided that nothing in this section shall apply to the use by any person or his successor in interest of any name or title under which he traded or carried on business at the date on which this Act comes into operation.
(2) Whoever contravenes the provisions of this section shall be punishable with fine which may extend to 4[fifty thousand] rupees and in the case of a continuing offence with further fine of 5[five hundred] rupees for each day on which the offence is continued after conviction therefor.
[6] Section 62A. Penalty
(1) Whoever contravenes the provisions of subsection (3) of section 44-C or any direction given by the Registrar under section 44-D shall be guilty of an offence punishable with imprisonment of either description for a term which may extend to six months or with fine or with both.
(2) Whoever contravenes an order passed under section 44-E shall be guilty of an offence which shall be punished with imprisonment for a term which may extend to three years but which shall not be less than six months and shall also be liable to be punished with fine].
[7] Section 63. Cognizance of offences
No Court shall take cognizance of any offence punishable under this Act except on a complaint in writing made by the Registrar or by a person duly authorised, for the purpose, by him:
Provided that cognizance of an offence under subsection (2) of section 62-A may be taken even otherwise than on such complaint.] 8[CHAPTER X Appeals and Revisions]
[1] Section 64. Appeals
An appeal against an order or decision of or sanctioned by the Registrar under sections 10, 16, 44-F, 45, 47, 50, 50-A, 54 or subsection (3) of section 54-A and 61 may
1Ibid., s.13.
2Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
3Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
4Substituted for the word “fifty” by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 30.
5Substituted for the word “five” by the Act ibid.
6Added by the Cooperative Societies (Amendment) Act, 1992 (I of 1992), published in the Punjab Gazette (Extraordinary), dated June 4, 1992, s. 7.
7Substituted by the Act ibid., s. 8.
8Substituted for the words “Appeals and Revision” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 7, Schedule III; it came into force with effect from 24 April 1947.
be made by any party aggrieved or affected by the order or decision to the Secretary Cooperatives within two months of the date of the communication of the order:
provided that in case the Secretary Cooperative is not available or he refuses to hear an appeal, the Chief Minister may assign such appeal to any other Secretary to the Government for hearing and disposal.]
Section 64A. Power of 2[ 3[Secretary Cooperatives]] and the Registrar to call for proceedings of subordinate officers and to pass orders thereon
4[The 5[ 6[Secretary Cooperatives]]] and the Registrar may call for and examine the record of any inquiry or the proceedings of any officer subordinate to them for the purpose of satisfying themselves as to the legality or propriety of any decision or order passed and as to the regularity of the proceedings of such officer. If in any case, it shall appear to 7[the 8[ 9[Secretary Cooperatives]]] or the Registrar that any decision or order or proceedings so called for should be modified, annulled or reversed, 10[the 11[ 12[Secretary Cooperatives]]] or the Registrar, as the case may be, may pass such order thereon as to it or him may seem fit.
[13] Section 64AA. Finality of orders of 14[ 15[Secretary Cooperatives]]
An order passed in appeal under section 64 or in revision under section 64A by the 16[ 17[Secretary Cooperatives]] shall be final and conclusive and shall not be liable to be called in question in any civil or revenue court.] 18[CHAPTER XI
1Substituted by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 20.
2Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
3Substituted for the word “Government” by the Act ibid., s. 21.
4Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated 1 April 1937, pp. 75-344, Article 3 read with Schedule III.
5Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
6Substituted for the word “Government” by the Act ibid., s.21.
7Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated 1 April 1937, pp. 75-344, Article 3 read with Schedule III.
8Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
9Substituted for the word “Government” by the Act ibid., s. 21.
10Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated 1 April 1937, pp. 75-344, Article 3 read with Schedule III.
11Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
12Substituted for the word “Government” by the Act ibid., s. 21.
13Inserted by the Bombay Cooperative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 20.
14Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
15Substituted for the word “Government” by the Act ibid., s. 22.
16Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
17Substituted for the word “Government” by the Act ibid., s. 22.
18Substituted for the word “Miscellaneous” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 7, Schedule III, Part IV, it came into force with effect from 24 April 1947. Earlier the words and figures “Chapter X-Appeals and Revision” were substituted for the words “Appeals and Revision” by Bombay 8 of 1936, s. 2.
Miscellaneous]
Section 65. Recovery of sums due to Government
(1) All sums due from a society or from an officer or member or past member of a society as such to 1[Government], may be recovered according to the law and under the rules for the time being in force for the recovery of arrears of land revenue.
(2) Sums due from a society to 2[Government] and recoverable under sub-section
(1) may be recovered, firstly from the property of the society; secondly, in the case of a society of which the liability of the members is limited, from the members or past members subject to the limit of their liability; and, thirdly, in the case of other societies, from the members or past members.
(3) The liability of past members shall in all cases by subject to the provisions of section 28. 3[65A. (1) A member of a society may execute an agreement in favour of the society providing that his employer shall be competent to deduct every month from the salary or wages payable to him by the employer such amount, not exceeding the amount prescribed by rules, as may be specified in the application and pay the amount so deducted to the society in satisfaction of any debt or other demand owing by the member to the society.
(2) On the execution of such agreement the employer shall, if so required by the society and so long as such debt or demand or any part of it remains unpaid, make the deduction in accordance with the agreement and pay the amount so deducted to the society.
(3) The provisions of this section shall also apply to all such agreements of the nature referred to in sub-section (1) as were in force on the date of the commencement of the 4[Sind] Co-operative Societies 5[* * *] (Second Amendment) Act, 1940, but nothing herein contained shall be deemed to authorise the deduction, under any such agreement, of any amount in excess of that prescribed by the rules. 6[(4) Nothing contained in this section shall apply to persons employed in mines of nuclear fuels, mineral oils and natural gas.]]
[7] Section 65B. Officers of societies to be public servants
Every officer of a society, including a Co-operative bank, shall be deemed to be a public servant within the meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860).]
1Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2 read with the Schedule, Part IV, it came into force on June 8,
1962. These were earlier substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with the Schedule III (Bombay Acts).
2Ibid.
3Inserted by the Bombay Co-operative Societies (Sind Second Amendment) Act, 1940 (Sind Act XXVII of 1940), published in the Sind Government Gazette, dated February 13, 1940, s. 2.
4Substituted for the word “Bombay” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 3(i), it came into force with effect from May 30, 1951.
5Omitted the word “Sind” by the Ordinance ibid., s. 3(ii)(b), it came into force with effect from May 30,1951.
6Substituted by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 13, for the original subsection (4) as amended by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2 read with the Schedule, Part IV, it came into force on June 8, 1962.
7Inserted by the Co-operative Societies (Second Amendment) Ordinance, 1966 (XVII of 1966), published in the Gazette of West Pakistan (Extraordinary), dated April 27, 1966, pp. 1051-1053, s. 2.
Section 66. Power to exempt societies from conditions as to registration
Notwithstanding anything contained in this Act, 1[the 2[Government]] may, by special order in each case and subject to such conditions, if any, as it may impose, exempt any society from any of the requirements of this Act as to registration.
Section 67. Powers to exempt societies from provisions of Act
3[The 4[Government]] may, by general or special order to be published in the 5[Official Gazette], exempt any society or class of societies from any of the provisions of this Act, or may direct that such provisions shall apply to such society or class of societies with such modifications as may be specified in the order; provided that no order to the prejudice of any society shall be passed without an opportunity being given to such society to represent its case.
Section 68. Companies Act not to apply
The provisions of the 6[* * *] Companies Act of 1913 7, shall not apply to societies registered under this Act.
Section 69. Branches, etc., of societies outside the Province
Every co-operative society registered outside 8[Province of the Punjab], which has or establishes a branch or place of business in 9[Province of the Punjab] shall within six months from the commencement of this Act or from the establishment of such branch or place of business, file with the Registrar a certified copy of the by-laws and amendments and, if these are not written in the English language, a certified translation in English thereof, and shall submit to the Registrar such returns and information as are submitted by similar societies in 10[Province of the Punjab] in addition to those submitted to the Registrar of the province where it is registered.
Section 70. Notice necessary in suits
No suit shall be instituted against a society or any of its officers in respect of any Act touching the business of the society until the expiration of two months next after notice in writing has been delivered to the Registrar, or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left.
1Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated 1 April 1937, pp. 75-344, Article 3 and Schedule III.
2Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
3Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated 1 April 1937, pp. 75-344, Article 3 and Schedule III.
4Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
5Substituted for the words “Bombay Government Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated 1 April 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.
6Omitted the word “Indian” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 4; it came into force with effect from May 30, 1951. 7VII of 1913.
8Substituted for the words “the Province of West Pakistan” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(b). Earlier substituted for the words “Province of the Sind” by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 14, for the words “Province of Sind”. Earlier substituted for the words “Bombay Presidency” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955).
9Ibid. 10Ibid.
[1] Section 70A. Bar of Jurisdiction
(1) Notwithstanding anything provided in any other law for the time being in force, but save as expressly provided in this Act–
(a) no Court or other authority whatsoever shall have jurisdiction to entertain, or to adjudicate upon, any matter which the 2[ 3[Secretary Cooperatives]], the Registrar or his nominee, any arbitrator or liquidator, a society, a financing bank, a Co-operative bank or any other person is empowered by or under this Act, or the rules or bye-laws framed thereunder, to dispose of or to determine;
(b) the validity of anything done or an order passed by the 4[ 5[Secretary Cooperatives]], a society, a financing bank, a Co-operative bank, the Registrar or any other person referred to in clause (a), under this Act or the rules and bye-laws framed thereunder, shall not be called in question in any manner whatever before or by any Court or other authority whatsoever; and
(c) no Court or other authority whatsoever shall be competent to grant any injunction or pass any other order in relation to any proceedings under this Act or any rules or bye-laws framed thereunder before the 6[ 7[Secretary Cooperatives]], a society, a financing bank, a Co-operative bank, the Registrar or any other person referred to in clause (a).
(2) The provisions of sub-section (1) shall be applicable to proceedings, appeals and revisions pending adjudication or disposal before or in any Court or other authority whatsoever on the date that the Co-operative Societies (Amendment) Ordinance, 1966, comes into force, and any order passed in such proceedings, whether before or after the coming into force of the said Ordinance, in regard to matters referred to in sub-section (1), shall stand vacated and be without any force.]
[8] Section 70B. Assistance by law enforcement agencies
All law enforcement agencies including police shall be bound to provide necessary assistance to Registrar or his authorized officers to execute the orders passed under this Act.]
Section 71. Rules
(1) 9[The 10[Government]] may, for the whole or any part of the 11[Province] and for any society or class of societies, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may–
1Inserted by the Co-operative Societies (Amendment) Ordinance, 1966 (XII of 1966), published in the Gazette of West Pakistan (Extraordinary), dated April 4, 1966, pp. 751-752, s. 2.
2Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
3Substituted for the word “Government” by the Act ibid., s. 23.
4Substituted for the words “Provincial Government” by the Act ibid., s. 2(a).
5Substituted for the word “Government” by the Act ibid., s. 23.
6Substituted for the words “Provincial Government” by the Act ibid., s. 2(a).
7Substituted for the word “Government” by the Act ibid., s. 23.
8Inserted by the Co-operative Societies (Second Amendment) Act 2020 (XXII of 2020), published in the Punjab Gazette (Extraordinary), dated September 10, 2020, pp. 1053-1056, s. 14.
9Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
10Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
11Substituted for the word “Presidency” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), (with effect from 30th May, 1951).
(a) subject to the provisions of section 6, prescribe the maximum number of shares or portion of the capital of a society which may be held by a member;
(b) prescribe the forms to be used and the conditions to be complied with in the making of applications for the registration of a society and the procedure in the matter of such applications;
(c) prescribe the matters in respect of which a society may or shall make by-laws and 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;
(d) prescribe the conditions to be complied with by persons applying for admission or admitted as members and provide for the election and admission of members and the payment to be made and the interests to be acquired before the exercise of the right of membership;
(e) provide for ascertaining the value of a deceased member‟s share or interest;
(f) provide for general meetings of the members and for the procedure at such meetings and the powers to be exercised by such meetings;
(g) provide for the appointment, suspension and removal of the members of the committee and other officers 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;
1[ 2[(ga)] provide, where all the members of the committee have been suspended or removed, for the appointment of a person to administer the affairs of the society and for the powers to be exercised and the duties to be performed by such person;]
(h) prescribe the accounts and the books to be kept by a society and provide for the audit of such accounts, and the charges, if any, to be made for such audit, and for the periodical publication of a balance sheet showing the assets and liabilities of a society;
(i) prescribe the returns to be submitted by a society to the Registrar and provide for the persons by whom and the form in which such returns shall be submitted;
(j) provide for the persons by whom and the form in which copies of documents or entries in books of societies may be certified, and for the charges to be levied for the supply of such copies;
(k) 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;
(l) prescribe the payments to be made and the conditions to be complied with by members applying for loans, and the period for which loans may be made, and the amount which may be lent to an individual member; 3[(m) prescribe the conditions, prohibitions and restrictions subject to which a society may–
(i) transact business with persons who are not members; or
1Inserted the clause (gg) by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 21(i).
2Re-numbered the clause (gg) as clause (ga) by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 7, Schedule III, Part IV.
3Substituted by the Bombay Co-operative Societies (Sind Amendment) Act, 1947 (Sind Act XX of 1947), s. 10(1).
(ii) make loans against the security of movable property;]
(n) 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;
(o) prescribe the extent to which a society may limit the number of its members;
(p) prescribe the conditions under which profits may be distributed to the members of a society and the maximum rate of dividend which may be paid by societies;
(q) prescribe the procedure to be followed in presenting and disposing of appeals;
(r) provide for securing that the share capital of any society shall be variable in such a way as may be necessary to secure that shares shall not appreciate in value and that necessary capital shall be available for the society as required;
(s) provide that persons qualified under the by-laws of a society shall not be excluded from membership without due cause;
(t) prescribe the procedure to be followed by a liquidator appointed under section 47;
(u) prescribe the mode of appointing an arbitrator or arbitrators and the procedure to be followed in proceedings before the Registrar or such arbitrator or arbitrators and for fixing and levying the expenses of determining the dispute;
(v) provide for the issue and service of processes and for proof of service thereof;
(w) provide for the writing off of bad debts;
(x) regulate the manner in which funds may be raised by means of shares or debentures 1[, participation term certificates, term finance certificates, musharika certificates, modaraba certificates, and such other instruments as may be approved by the State Bank of Pakistan], or otherwise;
(y) provide for the withdrawal and expulsion of members and for the payments to be made to them and for the liabilities of past members;
(z) provide for the nomination of a person to whom the interest of a deceased member may be paid or transferred;
(aa) prescribe the cases in which an appeal shall lie from the order of a liquidator appointed under section 47;
(bb) provide for the inspection of documents in the Registrar‟s office and the levy of fees for granting certified copies of the same;
(cc) prescribe the procedure to be followed for the custody of property attached under section 55;
2[(cca) prescribe the manner in which an order under sub-section (3) or sub-section
(4) of section 59E or a notice of demand shall be served or published;
1Inserted by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in the Punjab Gazette (Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(10)(i).
2Clauses (cca), (ccb) and (ccc) were inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1947 (Sind Act XX of 1947), s. 10(2).
(ccb) prescribe the particulars to be supplied to the Collector under sub-section (1) of section 59F;
(ccc) prescribe the manner in which a notification of distraint should be published under sub-section (2) of section 59F;]
(dd) provide for the payment of contributions at such rates and subject to such conditions as may from time to time be prescribed by co-operative societies to any provident fund which may be established for the benefit of officers and servants employed by them;
1[*]
(ee) prescribe the period and terms under which Government aid may be given to co-operative societies and the terms under which 2[the 3[Government]] may guarantee the payment of 4[the principal of and] interest 5[or return] on 6[instruments referred to in clause (x) of this sub-section] issued by registered societies;
7[(ff) prescribing the manner in which any property shall be delivered to, and the terms and conditions subject to which such property shall be held by, a society under section 59A 8[;] 9[(gg)] provide that the contravention of any rule or order issued thereunder shall be punishable with fine not exceeding rupees 10[five thousands] 11[; and] 12[(hh) prescribe the environmental standards and the standards for the use of land.]
(3) 13[The 14[Government]] may, subject to such conditions, if any, as it thinks fit, delegate all or any of its powers to make rules under this section to any authority specified in the order of delegation.
(4) The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication. 1[(5) * * * * * * * * * ]
1Repealed the word “and” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 6, Schedule II.
2Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
3Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
4Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1935 (Sind Act XXII of 1935), s. 5(1).
5Inserted by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in the Punjab Gazette (Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(10)(ii)(a).
6Substituted for the word “debentures” by the Ordinance ibid., s.2(10)(ii)(b).
7Clause (ff) was inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1935 (Sind Act XXII of 1935), s. 5(c).
8Substituted for full stop by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955),
s. 7, Schedule III, Part IV. 9Re-numbered clause (mm) as clause (gg) by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 7, Schedule III, Part IV. Earlier clause (mm) was inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 21(ii).
10Substituted for the word “fifty” by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 31(1)(a).
11Substituted for the full-stop by the Act ibid., s.31(1)(b).
12Inserted by the Act ibid., s.31(2).
13Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
14Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
[2] Section 72. Repeal and Savings
(1) The following enactments are hereby repealed:–
(a) the Co-operative Societies Act, 1912 3; and
(b) the Bombay Co-operative Societies Act, 1925 4, as applicable to the District of Karachi.
(2) Every society now existing which has been registered under the Co-operative Societies Act, 1904 5, or under the Co-operative Societies Act, 1912 6, shall be deemed to be registered under this Act, and its by-laws shall, so far as the same are not inconsistent with the express provisions of this Act, continue in force until altered or rescinded.
(3) All rules, regulations, notifications and orders made or issued under this Act and in force at the time of the commencement of the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 7, shall, so far as may be, extend and apply, until altered, amended or rescinded by competent authority to the areas to which this Act has been extended by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 8]. 9[(4) The repeal of the Acts specified in sub-section (1), hereinafter referred to as the repealed Acts, shall not–
(a) revive anything not in force or existing at the time at which the repeal takes effect; or
(b) affect the previous operation of the repealed Acts or anything duly done or suffered thereunder; or
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the repealed Acts; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any repealed Act; or
(e) affect any investigation, legal proceeding 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 or forfeiture or punishment may be imposed as if this Act had not been passed.
(5) Any person who immediately before the coming into force of the Sind Co- operative Societies (West Pakistan Amendment) Ordinance, 1965, was appointed as, or was exercising the powers of, a Registrar, Liquidator, Registrar‟s nominee or any other authority, under any repealed Act, shall be deemed to have been so appointed under this Act, and shall continue to exercise the powers of the Registrar, Liquidator, Registrar‟s nominee, or
1Omitted sub-section (5) by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated July 25, pp. 709-789, s. 3(3) read with Schedule III (Sind Acts).
2Substituted for the original section 72 by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 15.
3II of 1912. 4Bombay VII of 1925. 5X of 1904. 6II of 1912. 7W.P. Ord. VII of 1965. 8W.P. Ord. VII of 1965.
9Added by the Co-operative Societies (Second Amendment) Ordinance, 1966 (XVII of 1966), published in the Gazette of West Pakistan (Extraordinary), dated April 27, 1966, pp. 1051-1053, s. 3, above added subsections came into force with effect from April 30, 1965.
other corresponding authority, as the case may be, under this Act, until such appointment is rescinded by the competent authority under this Act.] 1[72A. Construction of references to Co-operative Societies Act, 1912, in enactments.– All references to the Co-operative Societies Act, 1912 2, occurring in any enactment made by any authority in 3[Pakistan] and for the time being in force in 4[ 5[Province of the Punjab]] shall, in the application, to the 6[said Province], of any such enactment, be read and construed as references to this Act and anything done or any proceeding commenced in pursuance of any such enactment on or after the date on which this Act shall have come into operation shall be deemed to have been done or to have been commenced and to have had effect as if the reference in such enactment to the Co-operative Societies Act, 1912 7, had been the reference to this Act, and no such thing or proceeding shall be deemed to have been invalid on the ground that such enactment did not refer to this Act.]
[8] Section 72B. [Repealed]
* * * * * * * * * ]
[9] Section 73. [Repealed]
* * * * * * * * * ] 10[* * * * * *]
1Inserted section 72-A by the Bombay Co-operative Societies (Amendment) Act, 1933 (Bombay Act VIII of 1933), s. 2.
2II of 1912.
3Substituted for the words “British India” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955, (Sind Ordinance V of 1955), s. 3(ii)(b); it came into force with effect from 30 May 1951.
4Substituted for the word “Sind” by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 2. It was earlier substituted for the words “the Province of Sind” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2 read with the Schedule, Part IV, it came into force on June 8,
1962. The words “Province of Sind” were previously substituted for the word “Sind” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955).
5Substituted for the words “the Province of West Pakistan” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(b).
6Substituted for the words “said territories” ibid., s. 16. These were earlier substituted for the words “said Province” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp.
1805-1849, s. 2 read with the Schedule, Part IV, it came into force on June 8, 1962. The words “said Province” were previously
substituted for “Presidency” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955).
7II of 1912. 8Repealed by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 6, Schedule II.
9Ibid. Earlier it was inserted by the Bombay Co-operative Societies (Sind Amendment), 1935 (Sind Act No. XXII of 1935), s. 6. 10Repealed by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 6, Schedule II.
Print contents from the source
CONTENTS CHAPTER I Preliminary 1. Short title. 2. Extent. 3. Definitions. CHAPTER II Registration 4. The Registrar. 4-A. Power of Registrar to issue search warrant. 5. Societies which may be registered. 6. Restrictions on interest of member of society with li mited liability and a share capital. 7. Conditions of registration. 7-A. Eligibility for membership. 8. Power of Registrar to decide certain questions. 9. Application for registration. 10. Registration. 11. Evidence of registration. 12. Annual general meeting. 13. Special general meeting. 14. Change of name: its effect. 15. Amalgamation and division of societies. 15-A. Merger of a society in a company, etc. 16. Amendment of the by-laws of a society. 16-A. Powers of the Registrar to amend bye-laws. THE CO-OPERATIVE SOCIETIES ACT, 1925 (VII of 1925) CHAPTER III Rights and liabilities of members 17. No rights of membership to be exercised till due payments are made. 17A. Special provisions for membership of Resource societies. 17-B. Expulsion of a member. 17-C. Transfer of interest in a housing society. 18. Votes of members. 18-A. General body and managing committee. 18-B. Disqualification for being, and for voting at an election of Director, Manager or other officer of the society. 19. Restrictions on transfer of share or interest. CHAPTER IV Duties of societies 20. Address of societies. 20-A. Provision of information. 20-B. Provision of information by the Registrar. 21. Copy of Act etc., to be open to inspection. 21-A. Updating of records of societies. 22. Audit. 22A. Power of Registrar to exercise powers under section 50A in the course of an audit. 22-B. Internal audit committee. CHAPTER V Privileges of societies 23. Societies to be bodies corporate. 24. Prior claim of society. 25. Charge and set-off in respect of shares or interest of member. 26. Shares or interest not liable to attachment. 27. Transfer of interest on death of member. 28. Liability of past member. 29. Liability of the estate of deceased member. 30. Register of members. 31. Admissibility of copy of entry as evidence. 32. Exemption from compul sory registration of instruments relating to shares etc of society. 33. Power to exempt from income -tax, stamp -duty, registration and court fees. 33A. Government may give loans or guarantee interest or return. CHAPTER VI Property and funds of societies 34. Restrictions on loans. 34-A. Prohibition on issuance of bearer shares, warrants. 35. Restrictions on borrowing and donations. 36. Restrictions on other transactions with non-members. 37. Investment of funds. 38. Restriction on dividend. 39. Reserve fund. 40. Restriction on distribution of profits. 41. Provident fund. 42. Contribution to charitable purpose. CHAPTER VII Inspection of affairs 43. Inquiry by Registrar. 44. Inspection of books of indebted society. 44-A. Inspection of books and properties. 44B. Power of Registrar to exercise powers under section 50A in the course of an inquiry or inspection. 44-C. Power to remove officers. 44-D. Power of Registrar to give directions. 44-E. Special measures. 44-F. Grievance redressal. 45. Costs of inquiry. 46. Recovery of costs. CHAPTER VIII Liquidation and Arbitration 47. Winding up. 48. Society may be wound up if membership is reduced. 48-A. Winding up of housing society. 49. Effect of cancellation of registration. 49-A. Records of cancelled societies. 50. Power of a liquidator. 50-A. Power of Registrar to assess damage against delinquent promoters, etc. 51. Bar of suit in winding up and dissolution matters. 52. Disposal of surplus assets. 53. Surplus assets of housing society. 54. Arbitration. 54-A. Registrar’s power to set aside the award and order the dispute to be referred back to arbitration. 55. Attachment before award. 56. Appeal against award of arbitrator. 57. Finality of awards in certain orders. 58. Powers to enforce attendance. 59. Money how recovered. Powers of Reg istrar to recover certain sums by attachment and sale of property. Registrar or person empowered by him to be a Civil Court for certain purposes. 59A. Transfer of property which cannot be sold. CHAPTER VIII-A Distraint 59-B. Definitions. 59C. Cases in which application for distraint may be made. 59D. Form of application. 59E. Procedure on receipt of application. 59F. Execution of order for distraint. 59G. Service of notice of demand and the grounds of distraint. 59H. Right to reap, etc., produce. 59I. Sale proclamation to be issued unless demand is satisfied. 59J. Place of sale. 59K. Provisions relating to growing crops. 59L. Manner of sale. 59M. Postponement of sale. 59N. Payment of purchase money. 59O. Certificate be given to the purchaser. 59P. Proceeds of sale how to be applied. 59Q. Certain persons may not purchase. 59R. Procedure where demand is paid before the sale. 59S. Distraint of property which is under attachment. 59T. Suit for compensation for wrongful distraint and appeals. 59U. Savings. CHAPTER IX Offences 60. Offences. Default by a society, officer or member. Wilful neglect or default by a society, etc. Wilful furnishing of false information. Disobedience of summons, requisition, or order. Indulgence in fraudulent activities. Performing acts without approval. Making a false report or refusing to do an act. Violation of the master plan. Failure to provide information. 61. Penalty for offences not otherwise provided for. 61-A. Penalty for offences under clause (i) of section 60. 62. Prohibition of the use of the word “co-operative”. 62-A. Penalty. 63. Cognizance of offences. CHAPTER X Appeals and Revisions 64. Appeals. 64-A. Power of Secretary Cooperatives and the Registrar to call for proceedings of subordinate officers and to pass orders thereon. 64AA. Finality of orders of Secretary Cooperatives. CHAPTER XI Miscellaneous 65. Recovery of sums due to Government. 65A. 65-B. Officers of societies to be public servants. 66. Power to exempt societies from conditions as to registration. 67. Powers to exempt societies from provisions of Act. 68. Companies Act not to apply. 69. Branches, etc., of societies outside the Province. 70. Notice necessary in suits. 70-A. Bar of Jurisdiction. 70-B. Assistance by law enforcement agencies. 71. Rules. 72. Repeal and Savings. 72A. Construction of references to Co -operative Societies Act, 1912, in enactments. 72B. [Repealed] 73. [Repealed]
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Co-Operative Societies
1925: Act VII
CONTENTS
CHAPTER I
Preliminary
1. Short title.
2. Extent.
3. Definitions.
CHAPTER II
Registration
4. The Registrar.
4-A. Power of Registrar to issue search warrant.
5. Societies which may be registered.
6. Restrictions on interest of member of society with li mited liability and a
share capital.
7. Conditions of registration.
7-A. Eligibility for membership.
8. Power of Registrar to decide certain questions.
9. Application for registration.
10. Registration.
11. Evidence of registration.
12. Annual general meeting.
13. Special general meeting.
14. Change of name: its effect.
15. Amalgamation and division of societies.
15-A. Merger of a society in a company, etc.
16. Amendment of the by-laws of a society.
16-A. Powers of the Registrar to amend bye-laws.
THE CO-OPERATIVE SOCIETIES ACT, 1925
(VII of 1925)
CHAPTER III
Rights and liabilities of members
17. No rights of membership to be exercised till due payments are made.
17A. Special provisions for membership of Resource societies.
17-B. Expulsion of a member.
17-C. Transfer of interest in a housing society.
18. Votes of members.
18-A. General body and managing committee.
18-B. Disqualification for being, and for voting at an election of Director,
Manager or other officer of the society.
19. Restrictions on transfer of share or interest.
CHAPTER IV
Duties of societies
20. Address of societies.
20-A. Provision of information.
20-B. Provision of information by the Registrar.
21. Copy of Act etc., to be open to inspection.
21-A. Updating of records of societies.
22. Audit.
22A. Power of Registrar to exercise powers under section 50A in the course
of an audit.
22-B. Internal audit committee.
CHAPTER V
Privileges of societies
23. Societies to be bodies corporate.
24. Prior claim of society.
25. Charge and set-off in respect of shares or interest of member.
26. Shares or interest not liable to attachment.
27. Transfer of interest on death of member.
28. Liability of past member.
29. Liability of the estate of deceased member.
30. Register of members.
31. Admissibility of copy of entry as evidence.
32. Exemption from compul sory registration of instruments relating to
shares etc of society.
33. Power to exempt from income -tax, stamp -duty, registration and court
fees.
33A. Government may give loans or guarantee interest or return.
CHAPTER VI
Property and funds of societies
34. Restrictions on loans.
34-A. Prohibition on issuance of bearer shares, warrants.
35. Restrictions on borrowing and donations.
36. Restrictions on other transactions with non-members.
37. Investment of funds.
38. Restriction on dividend.
39. Reserve fund.
40. Restriction on distribution of profits.
41. Provident fund.
42. Contribution to charitable purpose.
CHAPTER VII
Inspection of affairs
43. Inquiry by Registrar.
44. Inspection of books of indebted society.
44-A. Inspection of books and properties.
44B. Power of Registrar to exercise powers under section 50A in the course of
an inquiry or inspection.
44-C. Power to remove officers.
44-D. Power of Registrar to give directions.
44-E. Special measures.
44-F. Grievance redressal.
45. Costs of inquiry.
46. Recovery of costs.
CHAPTER VIII
Liquidation and Arbitration
47. Winding up.
48. Society may be wound up if membership is reduced.
48-A. Winding up of housing society.
49. Effect of cancellation of registration.
49-A. Records of cancelled societies.
50. Power of a liquidator.
50-A. Power of Registrar to assess damage against delinquent promoters, etc.
51. Bar of suit in winding up and dissolution matters.
52. Disposal of surplus assets.
53. Surplus assets of housing society.
54. Arbitration.
54-A. Registrar’s power to set aside the award and order the dispute to be
referred back to arbitration.
55. Attachment before award.
56. Appeal against award of arbitrator.
57. Finality of awards in certain orders.
58. Powers to enforce attendance.
59. Money how recovered.
Powers of Reg istrar to recover certain sums by attachment and sale of
property.
Registrar or person empowered by him to be a Civil Court for certain
purposes.
59A. Transfer of property which cannot be sold.
CHAPTER VIII-A
Distraint
59-B. Definitions.
59C. Cases in which application for distraint may be made.
59D. Form of application.
59E. Procedure on receipt of application.
59F. Execution of order for distraint.
59G. Service of notice of demand and the grounds of distraint.
59H. Right to reap, etc., produce.
59I. Sale proclamation to be issued unless demand is satisfied.
59J. Place of sale.
59K. Provisions relating to growing crops.
59L. Manner of sale.
59M. Postponement of sale.
59N. Payment of purchase money.
59O. Certificate be given to the purchaser.
59P. Proceeds of sale how to be applied.
59Q. Certain persons may not purchase.
59R. Procedure where demand is paid before the sale.
59S. Distraint of property which is under attachment.
59T. Suit for compensation for wrongful distraint and appeals.
59U. Savings.
CHAPTER IX
Offences
60. Offences.
Default by a society, officer or member.
Wilful neglect or default by a society, etc.
Wilful furnishing of false information.
Disobedience of summons, requisition, or order.
Indulgence in fraudulent activities.
Performing acts without approval.
Making a false report or refusing to do an act.
Violation of the master plan.
Failure to provide information.
61. Penalty for offences not otherwise provided for.
61-A. Penalty for offences under clause (i) of section 60.
62. Prohibition of the use of the word “co-operative”.
62-A. Penalty.
63. Cognizance of offences.
CHAPTER X
Appeals and Revisions
64. Appeals.
64-A. Power of Secretary Cooperatives and the Registrar to call for
proceedings of subordinate officers and to pass orders thereon.
64AA. Finality of orders of Secretary Cooperatives.
CHAPTER XI
Miscellaneous
65. Recovery of sums due to Government.
65A.
65-B. Officers of societies to be public servants.
66. Power to exempt societies from conditions as to registration.
67. Powers to exempt societies from provisions of Act.
68. Companies Act not to apply.
69. Branches, etc., of societies outside the Province.
70. Notice necessary in suits.
70-A. Bar of Jurisdiction.
70-B. Assistance by law enforcement agencies.
71. Rules.
72. Repeal and Savings.
72A. Construction of references to Co -operative Societies Act, 1912, in
enactments.
72B. [Repealed]
73. [Repealed]
THE SCHEDULE
[repealed]
TEXT
1
THE CO-OPERATIVE SOCIETIES ACT, 1925
(VII of 1925)
[4 December 1925]
An
Act
to consolidate and amend the law relating to co-operative societies in
2
[
3
[Province of the
Punjab]].
4
[Preamble.– WHEREAS it is expedient to provide for the formation, registration and
regulation of cooperative societies for the promotion of thrift, self help and mutual assistance
amongst agriculturist or other persons with common economic or social interests and for
achieving better standards of living and for the matters incidental thereto;
It is hereby enacted as follows:–]
5
[CHAPTER I
Preliminary]
1. Short title.– This Act may be called the
6
[*] Co-operative Societies Act, 1925.
7
[
8
[2. Extent.– This Act shall extend to whole of the Punjab.]]
3. Definitions.– In this Act, unless there is anything repugnant in the subject or context,
1
[(a) “beneficial owner” means a natural person who owns or controls a society, whether
1For Statement of Objects and Reasons, see Bombay Government Gazette 1924, Part V, pp. 46-48; for R eport of Select
Committee, see ibid., 1924, Part V, pp. 108-13 and ibid., 1925, Part V, pp. 68-70; and for Proceedings in Council, see Bombay
Legislative Council Debates, 1924 and 1925, Vols. XII, XIII and XV. Also see the Bombay Code , Supplementary Volume ,
Second Edition, Part I, printed in 1935, also see the Bombay Code, Volume V, Fifth Edition, printed in 1938.
2Substituted for the word “Sind” by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965),
published in the Gazette of West Pakistan (Extraordinary), dated April 30, 1965, pp. 1987-1989, s. 2. It was earlier substituted
for the words “the Province of Sind” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West
Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2 read with the Schedule, Part IV, it came into force on June 8,
1962. The words “Province of Sind” were previously substituted for the words “presidency of Bombay” by the Sind Laws
(Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955).
3Substituted for the words “the Province of West Pakistan” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(b).
4Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary),
dated July 1, 2006, pp. 3-10, s. 2.
5Substituted for the word “Preliminary” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind
Ordinance V of 1955), s. 7 read with the Schedule III, Part IV, it came into force with effect from April 24,1947. Earlier the words
and figure “Chapter I -Preliminary” were substituted for the word “Preliminary” by the Bombay Co -operative Societies (Sind
Amendment) Act, 1936 (Sind Act VIII of 1936), s. 2.
6Omitted the word “Sind” by the Sind Co -operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965),
published in the Gazette of West Pakistan (Extraordinary), dated April 30, 1965, pp. 1987-1989, s. 3.The word “Sind” was
earlier substituted for the word “Bombay” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955
(Sind Ordinance V of 1955), s. 3(i).
7Substituted for the original section 2 by the Sind Co -operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of
1965), published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 4, as amended by the
Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955) and the West Pakistan
Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849,
s. 2 read with the Schedule, Part IV, it came into force on June 8, 1962.
8Substituted by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette
(Extraordinary), dated August 11, 2020, pp. 585-588, s. 3.
directly or indirectly or by voting rights or by exercising effective control in that society or by
such other means as may be prescribed;]
2
[(aa)] “by-laws” means by -laws registered under this Act and for the time being in
force and includes a registered amendment of such by-laws;
(b) “Committee” means the Committee of Management or other directing body to
whom the management of the affairs of a society is entrusted;
3
[(bb) “Financing Bank” means a society the main object of which is to make loans
in cash or in kind to any other society or to an agriculturist who is not a
member of a society or to both societies and such agriculturists;]
4
[(bb-i) “Government” means Government of the Punjab;]
5
[(bbb) “Loan” includes finance as defined in the Banking Tribunals Ordinance, 1984
(Ordinance No. LVIII of 1984) and all cognate expressions shall be construed
accordingly];
(c) “Member” includes a person joining in the application for the registration of a
society or a person admitted to membership after registration in accordance
with the rules and by-laws applicable to such society;
(d) “Officer” includes a Chairman, Secretary, Treasurer , member of committee or
other person empowered under the rules or under the by -laws of a society to
give directions in regard to the business of such society;
6
[(dd) “prescribed” means prescribed by the rules made under this Act.]
(e) “Society” means a s ociety registered or deemed to be registered or deemed
to be registered under this Act;
(f) “Registrar” means a person appointed to perform the duties of a Registrar of
Co-operative Societies under this Act;
(g) “Rules” means rules made under this Act;
7
[(gg) “Secretary Cooperatives” means Secretary to the Government, Cooperatives
Department;]
(h) (1) a “resource society” means a society formed with the object of
obtaining for its members the credit, goods or services required by
them;
(2) a “produce rs‟ society” means a society formed with the object of
producing and disposing of goods as the collective property of its
members and includes a society formed with the object of the
collective disposal of the labour of the members of such society;
1Added by the Co-operative Societies (Second Amendment) Act 2020, published in the Punjab Gazette (Extraordinary), dated
September 10, 2020, pp. 1053-1056, s. 2(a).
2Renumbered for “a” by the Act ibid.
3Substituted by the Bombay Co -operative Societies (Sind Amendment) Act, 1947 (Sind Act XX of 1947), s. 2. Earlier inserted
by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 2.
4Inserted by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary),
dated August 11, 2020, pp. 585-588, s. 4(a).
5Inserted by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in the Punjab Gazette
(Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(1).
6Inserted by the Co-operative Societies (Second Amendment) Act 2020, published in the Punjab Gazette (Extraordinary), dated
September 10, 2020, pp. 1053-1056, s. 2(b).
7Inserted by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extra ordinary),
dated August 11, 2020, pp. 585-588, s. 4(b).
(3) a “ consumers‟ society” means a society formed with the object of
obtaining and distributing goods to or of performing services for its
members, as well as to other consumers and of dividing among its
members and customers in a proportion prescribed by the rul es or by
the by-laws of such society, the profits accruing from such supply and
distribution;
(4) a “housing society” means a society formed with the object of
providing its members with dwelling houses
1
[and facilities relating to
housing needs] on conditions to be determined by its by-laws;
(5) a “general society” means a society not falling under any of the four
classes above-mentioned.
The Registrar shall classify all societies under one or other of the above heads and his
decision shall be final.
A society formed with the object of facilitating the operations of any one of the above
classes of societies shall be classified as a society of that class.
A list of all such societies, so classified shall be published annually in the
2
[Official
Gazette].
3
[CHAPTER II
Registration]
4. The Registrar.–
4
[The
5
[Government]] may appoint a person to be Registrar of Co -
operative Societies for
6
[the Province] or any portion of it, and may appoint a person or
persons to assist such Registrar, and may, by general or spe cial order, confer on any such
person or persons all or any of the powers of a Registrar under this Act.
7
[4-A. Power of Registrar to issue search warrant .– (1) For the purpose of recovering
any papers, documents or books of account belonging to a society, the Registrar may issue
a search warrant and exercise all such powers with respect thereto as may be lawfully
exercised by a magistrate under the p rovisions of Chapter VII of the Code of Criminal
Procedure, 1898
8
, and all such searches shall be made in accordance with the provisions of
that Code.
1Ibid., s. 4(c).
2Substituted for the words “Bombay Government Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937,
published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4 (1) read with Table of General
Adaptations.
3The words and figures “Chapter II -Registration” were substituted for the word “ Registration” by the Sind Laws (Adaptation,
Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 7 read with the Schedule III, Part IV, it came
into force on 24 April 1947. Also see the Bombay Co-operative Societies (Sind Amendment) Act 1936 (Sind Act VIII of 1936), s.
2.
4Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the
Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
5Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
6Substituted for the word “Sind” by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965),
published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 5. It was earlier substituted
for the words “the Province” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West P akistan
(Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2 read with the Schedule, Part IV, it came into force on June 8, 1962.
The word “Province” was previously substituted for the word “Presidency” by the Sind Laws (Adaptation, Revision, Repeal and
Declaration) Ordinance, 1955 (Sind Ordinance V of 1955).
7Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 3.
8V of 1898.
(2) The powers under sub -section (1) shall not be exercised by the Registrar
before serving a notice on the society and giving it a reasonable opportunity to produce such
papers, documents or books of account as are specified in such notice.]
5. Societies which may be registered .– Subject to the provisions hereinafter
contained a society which has as its object the promotion of the economic interests of its
members in accordance with co-operative principles, or a society established with the object
of facilitating the operations of such a society, may be registered under this Act with or
without limited liability:
Provided that, unless
1
[the
2
[Government]] by general or special order otherwise
directs–
(a) the liability of a society of which a member is a society shall be limited;
3
[(b) if a society is a member of another society, that society shall nominate any of
its members to serve as a director of the society of which it is a member;
(c) the director of a soci ety who is nominated under clause (b) shall be a natural
person and shall provide prescribed information to the society to which he is
nominated in the prescribed manner;
(d) the secretary of a society shall keep an updated record of any nominated
directors, as well as provide prescribed information of the nominated directors
to the Registrar both annually and from time to time when changes occur in
the prescribed manner;
(e) the Registrar shall keep an updated record of the nominated Directors of all
societies in the prescribed manner;
(f) other than as set out in subsection (b), no director shall nominate on his
behalf a member or director to perform the membership rights on his behalf.]
4
[(g)] the liability of a society of which the primary object is the creation of funds to
be lent to its members, and of which the majority of the members are
agriculturists and of which no member is a registered society shall be
unlimited and the members of such a society shall, on its liquidation, be jointly
and severally liable for and in respect of all obligations of such a society:
provided further that when the question whether the liability of a society is limited or
unlimited has once been decided by the Registrar at the time of registration
his decision shall be final.
6. Restrictions on interest of member of society with limited liability and a share
capital.– Where the liability of the members of a society is limited by shares, no member
other than a society shall–
(a) hold more than such portion of the share capital of the society, subject to a
maximum of one-fifth, as may be prescribed by the rules; or
1Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the
Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
2Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2 020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
3Inserted by the Co-operative Societies (Second Amendment) Act 2020, published in the Punjab Gazette (Extraordinary), dated
September 10, 2020, pp. 1053-1056, s. 3.
4Renumbered for “b” by the Act ibid.
1
[
2
[(b) have or claim to have an interest in the shares of the society not exceeding
two hundred thousand rupees and if the society is a housing society, a
member may have o r claim to have an interest in the shares of the society,
not exceeding five hundred thousand rupees:
provided that the aforementioned restrictions shall not apply to the
Government if it chooses to become a member of a society, in public interest,
except a housing society.]]
3
[7. Conditions of registration .–
4
[(1) No society, other than a society of which a
member is a society, shall be registered under this Act, unless it consists of at least ten
members; in case of a producers‟ society consists of at least fifty members; and, in case of a
housing society consists of at least one hundred members:
Provided that each member of a society, except the housing society and producers‟
society, shall have the ordinary place of abode in the same patwar circle or adjoining patwar
circle.]
(2) No society shall be registered for the purpose of carrying on business as a
banking society, financing bank or which uses as part of its name under which it proposes to
carry on business, the word “bank” or “banking” unless–
(a) it has a paid up capital of not less than twenty million rupees or such higher
amount, as may be prescribed; and
(b) satisfies such other conditions as may be prescribed.
(3) The word “Limited” shall be the last word in the name of every society
registered with limited liability.]
5
[7-A. Eligibility for membership .– A person shall be eligible to become member of a
society if– (a) in case of an individual, he is above the age of eighteen years, is of sound
mind, is solvent and has not applied to be adjudged as an un-discharged insolvent;
(b) it is a cooperative society; or
(c) it is a body corporate or a company.]
6
[
7
[8. Power of Registrar to decide certain questions .– If any question arises as to
whether for the purposes of this Act, a person is an agriculturist or not, or as to which patwar
circle he is resident of, the question shall be decided by the Registrar, whose decision shall
be the final.]
9. Application for registration .– (1) For purposes of registration an application to
register shall be made to the Registrar.
1Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary),
dated July 1, 2006, pp. 3-10, s. 3.
2Substituted by the Co -operative S ocieties (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette
(Extraordinary), dated August 11, 2020, pp. 585-588, s. 5.
3Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary),
dated July 1, 2006, pp. 3-10, s. 4.
4Substituted by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette
(Extraordinary), dated August 11, 2020, pp. 585-588, s. 6.
5Inserted by the Cooperative Societies (Amen dment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary),
dated July 1, 2006, pp. 3-10, s. 5.
6Substituted by the Act ibid., s. 6.
7Substituted by the Co -operative Societies (Second Amendment) Act 2020 (XXII of 2020) , published in the Punjab Gazette
(Extraordinary), dated September 10, 2020, pp. 1053-1056, s. 4.
1
[(2) The application for registration of a cooperative society shall be–
(a) made in writing specifying the address of its proposed registered office;
2
[(b) signed by at least fifty persons in case of a producers‟ society; hundred
persons in case of a housing society; and, at least ten persons for any other
category of societies with proof of the identifications of those persons:
provided that the condition as to the number of persons shall not be
applicable in case where at least one of the proposed members is a society;]
(c) accompanied, in the case of producers, or housing society or any other
society which is likely to adversely affect the environment, approval of the
competent authority in accordance with section 12 of the Pakis tan
Environmental Protection Act, 1997 (Act XXXIV of 1997);
(d) accompanied by the following documents:
(i) a feasibility report showing its financial viability;
Explanation.– Financial viability shall include a statement of finances relating to the
expected business turn over of the society, stating the number of members and
expenditures being within its income;
(ii) proof that promoter members‟ contributions towards the paid up share capital
are in accordance with the feasibility report;
(iii) proof of the payment of such registration fee as may be prescribed; provided
that different registration fee may be prescribed for different categories of
societies; provided further that in case of agriculture society, the registration
fee shall not exceed five hundred rupees;
3
[*]
(iv) a copy of the proposed by-laws of the society
4
[;]
5
[(v) information as may be prescribed about its members, beneficial owners,
running affairs of the society; and
(vi) information as may be prescribed regarding its employees and off icers, and
the reasons, if any, for running the affairs by them, in case the society is run
by non-members i.e. officers or employees.]
(3) A housing society shall, within a period of one year of its registration, furnish
the schedule of proposed developm ent of land, master plan, site plan indicating availability
of the existing public utilities, public amenities and other allied facilities in the area and, in
case of its failure, the Registrar may de-register the society after affording it an opportunity of
hearing.
(4) The Registration fee shall be deposited in the account of the Registrar and
shall be utilized in the prescribed manner.]
1Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary),
dated July 1, 2006, pp. 3-10, s. 7.
2Substituted by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette
(Extraordinary), dated August 11, 2020, pp. 585-588, s. 7.
3Omitted the word “and” by the Co -operative Societies (Second Amendment) Act 2020, published in the Punjab Gazette
(Extraordinary), dated September 10, 2020, pp. 1053-1056, s. 5(a).
4Substituted for the full stop by the Act ibid., s. 5(b).
5Added by the Act ibid.
10. Registration.– If the Registrar is satisfied that a society has complied with the
provisions of this Act and the rules and that its proposed by -laws are not contrary to
1
[any
law for the time being in force], he may register the society and its by-laws.
11. Evidence of registration.– A certificate of registration signed by the Registrar shall
be conclusive evidence that the society therein mentioned is duly registered unless it is
proved that the registration of the society has been cancelled.
12. Annual general meeting.– Every society shall within a period of three months after
the date fixed for making up its acc ounts for the year under the rules for the time being in
force call a general meeting of its members.
13. Special general meeting.– A special general meeting may be called at any time by
a majority of the committee and shall be called within one month–
(1) on the requisition in writing of one-fifth of the members of the society, or
(2) at the instance of the Registrar.
14. Change of name: its effect .– A society may, by a resolution of a general meeting
and with the approval of the Registrar, change its name: but such change shall not affect any
right or obligation of the society, or of any of its members, or past members and any legal
proceedings pending may be continued by or against the society under its new name.
2
[15. Amalgamation and division of socie ties.– (1) Any two or more societies may, with
the prior approval of the Registrar, by a resolution passed by two -third majority of the
members present and voting in a general or special meeting of the societies, amalgamate as
a single society.
(2) A society may, with the prior approval of the Registrar, by a resolution passed
by two-third majority of the members present and voting in a general or special meeting of
the society divide the society into two or more societies.
(3) A society or societies, as the case may be, by way of a resolution passed in
accordance with this section, transfer to, divide or amalgamate its or their assets and
liabilities with any other society or societies in case of division or amalgamation with the prior
written consent of the creditor or creditors, if any, of the society or the societies.
(4) Division of assets and liabilities shall take place after due approval and audit
and in such manner, as may be prescribed.
(5) No new society arising out of an existing society shall be registered unless it
satisfies the conditions of registration of a society under this Act or the rules.]
3
[15-A. Merger of a society in a company, etc.–
4
[(1) Notwithstanding anything contained in
this Act and subject to any other law for the time bein g in force, a society may, with the
written consent of its creditors and the approval of the Registrar, by a resolution passed by
two-third majority of its members present and voting in a special general meeting and
incorporating the terms and conditions of the proposed merger, merge itself in a company or
1Substituted for the words “this Act or to the rules” by the Cooperative Societies (Amendment) Act, 1992 (I of 1992), published
in the Punjab Gazette (Extraordinary), dated June 4, 1992, s. 2.
2Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary),
dated July 1, 2006, pp. 3-10, s. 8.
3Inserted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary),
dated July 1, 2006, pp. 3-10, s. 9.
4Substituted by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette
(Extraordinary), dated August 11, 2020, pp. 585-588, s. 8.
a body corporate and the merger of a society shall be as a whole rather than merger of any
part or phase of such society:
Provided that notice of the special general meeting shall be served upon all the
members of the society through registered post, recognized courier service and through
publication in a daily newspaper of national circulation at least fifteen days before such
meeting.]
(2) On the fulfillment of the legal formalities and disposal of obje ctions, if any, the
Registrar may issue a certificate authorizing such merger.
(3) On the issuance of the certificate under sub -section (2), all the assets and
liabilities of the society shall stand transferred to the company or the body corporate, as the
case may be.]
16. Amendment of the by-laws of a society.–
1
[(1) No amendment of the bye-laws of a
society shall be valid until it is registered under this Act.]
(2) If the Registrar is satisfied that any amendment of the by -laws
2
[made by a
society] is not contrary to
3
[any law for the time being in force], he may register the
amendment.
(3) When the Registrar registers an amendment of by -laws of a society
4
[under
sub-section (2)], he shall issue to the society a copy of the amendment certified by him,
which shall be conclusive evidence that the same is duly registered.
5
[16-A. Powers of the Registrar to amend bye -laws.– (1) If the Registrar is satisfied that
the bye-laws of a society are inconsistent with any law for the time being in force, or it is
necessary in the interest of the society and its members to make amendments in such bye -
laws, he may, by means of a notice in writing, giving reasons, bring the fact to the notice of
the society and advise the society to make the amendments within a period of sixty days.
(2) If the society fails to make such amendments w ithin the time specified in
subsection (1), the Registrar may, after giving the society an opportunity of being heard,
register such amendments as he may decide and issue to the society a c opy of the
amendment registered by him.
(3) An appeal shall lie to the
6
[Secretary Cooperatives] from an order of the
Registrar passed under sub section (2) within two months of the date of communication of
the order.]
7
[CHAPTER III
1Substituted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 5(i).
2Inserted by the Act ibid., s. 5(ii).
3Substituted for the words “this Act or to the rules” by the Cooperative Societies (Amendment) Act, 1992 (I of 1992), published
in the Punjab Gazette (Extraordinary), dated June 4, 1992, s. 3.
4Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 5(iii).
5Added by the Cooperative Societies (Amendment) Act, 1992 ( I of 1992), published in the Punjab Gazette (Extraordinary),
dated June 4, 1992, s. 4, and substituted by the Cooperative Societies (Amendment) Ordinance, 2001 (I of 2002), published in
the Punja b Gazette (Extraordinary) dated January 5, 2002, s. 2, It will remain in force under the Provisional Constitution
(Amendment) Order, 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article
128 of the Constitution of the Islamic Republic of Pakistan.
6Substituted for the word “Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020), published in the
Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 9.
7Substituted for the words “Rights and liabilities of members” by the Sind Laws (Adaptation, Revision, Repeal and Declaration)
Ordinance, 1955 (Sind Ordinance V of 1955), s. 7, Schedule III, Part IV, it came into force with effect from 24 April 1947. Earlier
the words and figures “Chapter III -Rights and liabilities of members” were substituted for the word s “Rights and liabilities of
members” by the Bombay Co-operative Societies (Sind Amendment) Act, 1936 (Sind Act No. VIII of 1936), s. 2.
Rights and liabilities of members]
17. No rights of membership to be exercised till due payments are made .– No
person shall exercise the rights of a member of a society unless or until he has made such
payment to the society in respect of membership, or acquired such interest in the society as
may be prescribed by the rules or the by-laws of such society.
1
[17A. Special provisions for membership of R esource societies .– Notwithstanding
anything contained in this Act and any other law for the time being in force–
(i) every applicat ion made by any person for membership of an Agricultural
Credit Society shall be accompanied by a declaration specifying the
immovable property on which he agrees to have a charge created for the
dues of the society; and no such person shall be admitted as a member or
shall exercise rights of a member of such society unless he makes such
declaration;
(ii) any member of an Agricultural Credit Society may at any time make a
declaration as in clause (i) regarding immovable property on which he agrees
to have a charge created for the dues of the society of which he is a member;
(iii) a declaration made under clause (i) or (ii) may be varied at any time by a
member with the consent of the society in favour of which such charge is
created;
(iv) no member of an Agr icultural Credit Society so long as he continues to
remain such member shall alienate the whole or any part of the property
specified in the declaration made under clause (i) or (ii);
(v) any alienation of any property specified in the declaration made und er clause
(i) or (ii) by such member shall be void;
(vi) subject to the prior claim of
2
[Government] in respect of land revenue or any
money recoverable as arrears of land revenue, there shall be a first charge in
favour of the society on the property spec ified in the declaration under clause
(i) or (ii) in respect of and to the extent of any debt or other outstanding
demand owing by such member to the society;
(vii) an entry regarding a charge on immovable property created by a declaration
under clause (i) or (ii) or any variation made therein under clause (iii) shall be
made in the record of ri ghts maintained under Chapter XA of the
3
[Sind] Land
Revenue Code, 1879,
4
[or the relevant provisions of any other law relating to
land revenue in force in the area, ] notwithstanding anything contained in the
said Chapter.
Explanation.– For the purposes of this section an „Agricultural Credit Society‟ means a
resource society of which the primary object is the creation of funds to be lent to its members
and of which a majority of the members are agriculturists and of which no member is a
registered society and the liability of which is limited.]
1Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 6.
2Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West
Pakistan (Extraordinary), dated 3 June 1964, pp. 1805-1849, s. 2 read with the Schedule, Part IV; it came into force on 8 June
1962.
3Substituted for the word “Bombay” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind
Ordinance V of 1955), section 3(i); it came into force with effect from 30 May 1951.
4Added by the Sind Co -operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the
Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 6.
1
[17-B. Expulsion of a member .– (1) A society may recommend to the Registrar to expel
from its membership a member who is a p ersistent defaulter of the dues of the society or
who commits any act prejudicial to the interests of the society:
Provided that the managing committee of the society shall, after affording the
member an opportunity of hearing, place the matter before the general body of the society
and approval thereof shall be communicated to the Registrar.
(2) The Registrar may expel such a member from the society after affording him
an opportunity of hearing.
(3) The Registrar shall, before passing the expulsion ord er, determine the
amount payable, if any, by the society to the member and may direct that the expulsion order
would take effect from the date of payment of the amount to such member or its deposit in
the account of the Registrar.
2
[(4) Subject to subsection (3), a member shall cease to be member of the society
from the date when the expulsion order of the Registrar takes effect, and in case of housing
society, the plot of the defaulter member shall also be cancelled along with cancellation of
membership under subsection (1):
Provided that this provision shall not apply to a member of a housing society who has
made full payment towards the cost of land and the requisite development charges.]]
3
[17-C. Transfer of interest in a housing society .– A member of a society shall cease to
be the member of such society in case all his interests in the immovable property in the
society are transferred in favour of any other person by sale, inheritance, gift or otherwise,
and the person acquiring such interests shall subject to the rules, be admitted as a member:
Provided that where more than one persons acquire the interests, one of such
persons, with mutual consent or the person older in age, shall be admitted as a member
having right to vote while other persons shall be the members without right to vote:
Provided further that where a minor or mentally disabled person acquires the
interests, the natural or legal guardian of the minor or, as the case may be, the person
bound to maintain the disabled person shall be admitted as a member and such membership
shall stand transferred to the minor as soon as he acquires majority or to the disabled
person as soon as his disability is removed.]
18. Votes of members.– (1) No member of any society shall have more than one vote in
its affairs, provided that in the case of an equality of votes the chairman shall have a casting
vote.
(2) A Society which has invested any part of its funds in the shares of another
society, may appoint one of its members to vote in the affairs of such other registered
society.
4
[18-A. General body and managing committee .– (1) The powers and management of a
society shall vest in its general body consisting of all its members.
1Inserted by the Co operative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary),
dated July 1, 2006, pp. 3-10, s. 10.
2Substituted by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette
(Extraordinary), dated August 11, 2020, pp. 585-588, s. 10.
3Inserted by the Act ibid., s. 11.
4Inserted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab G azette (Extraordinary),
dated July 1, 2006, pp. 3-10, s. 11.
(2) A society shall have a managing committee, constituted in accordan ce with
the rules and the by -laws, which shall exercise such powers and functions as may be
delegated to it by the general body.
(3) Subject to any general or special order of the
1
[Government], the Registrar
may, on such terms and conditions as he may de em fit, appoint not more than two experts
on the managing committee of a society for the development and proper management of the
society.
(4) The Registrar may require a society to obtain approval of its general body, in
any matter concerning the business of the society, before proceeding further in the matter.]
2
[
3
[18-B]. Disqualification for being, and for voting at an election of Director,
Manager or other officer of the society.– A member of the society to which the provisions
of this section have bee n applied by the
4
[Government] by notification in the Official Gazette
shall be disqualified for being, and for voting at an election of, a Director, Manager or other
officer of the Society–
(a) if he has taken a loan from the Society which has been outsta nding for six
months or more after it has become payable and has not been re -paid up to
the day immediately preceding the date of the election, or
(b) if he has taken a loan from the Society which is repayable by installments and
the amount of three or more installments has been outstanding for six months
or more from the date on which the amount of the last installment became
payable and has not been re-paid up to the day immediately preceding the date
of the election.
Explanation.– The date on which the l oan or installment becomes payable is the date
specified in the bond or any other instrument in writing evidencing the loan but does not
include any extension thereof.]
19. Restrictions on transfer of share or interest .– (1) The transfer or charge of the
share or interest of a member in the capital of a society shall be subject to such conditions
as to maximum holding as may be prescribed by this Act or by the rules.
(2) A member shall not transfer any share held by him or his interest in the
capital or property of any society or any part thereof unless–
(a) he has held such share or interest for not less than one year; and
(b) the transfer or charge is made to the society or to a member of the society or
to a person whose application for membership has be en accepted by the
society.
5
[CHAPTER IV
Duties of societies]
1Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
2Inserted by the Bombay Co -operative Societies (Sind Amendment) Act, 1941 (Sind Act XVIII of 1941), published in the Sind
Government Gazette, dated February 26, 1942, s. 2.
3Section 18A renumbered as 18 -B by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab
Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 11.
4Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
5Substituted for the words “Duties of Societies” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance,
1955 (Sind Ordinance V of 1955), s. 7, Schedule III, Part IV, it came into force with effect from 24 April 1947. Earlier the words
and figures “Chapter IV-Duties of societies” were substituted for the words “Duties of societies” by Bombay 8 of 1936, s. 2.
1
[20. Address of societies .– (1) Every society shall have a registered office which shall
be the address of the society.
(2) A society shall not change its address without the prior approval o f the
Registrar:
Provided that before seeking the approval of the Registrar, the society shall inform its
members‟ creditors and where applicable, the society of which it is a member, by post and
also through two national daily Newspapers, as to the proposed change of the address.
(3) The approval of the Registrar shall immediately be communicated by the
society to its members‟ creditors and the society of which it is a member.]
2
[20-A. Provision of information.– (1) The Secretary of a society shall pr ovide information
to the Registrar annually or as and when required by Registrar, in such manner and in such
form as may be prescribed.
(2) The Secretary of a society shall provide any information, including but not
limited to information regarding bene ficial owners, members, nominees of the members,
officers, employees and Managing Committee of the Society, in the prescribed manner to
the relevant officer or authority under the Anti-Money Laundering Act, 2010 (VII of 2010).
20-B. Provision of information by the Registrar.– The Registrar shall provide information
to any officer or the authority mentioned under section 20 -A upon a request in writing,
regarding the members and beneficial owners, officers/employees of the society, assets or
shares held by the members in the society, their addresses, nominees of the members,
properties and financial condition of the society.]
21. Copy of Act etc., to be open to inspection .– Every society shall keep open to
inspection at all reasonable times at the registered address of the society–
(a) a copy of this Act,
(b) a copy of the rules governing such society,
(c) a copy of the by-laws of such society,
3
[*]
4
[(d) an up to date register of its members and nominees of the members,]
5
[(e) an up to date register to its beneficial owners, and
(f) such other information as may from time to time be required by the Registrar.]
6
[21-A. Updating of records of societies .– (1) The Registrar shall keep such record of the
beneficial owners, members, nominees of the members, directors, managing committee and
employees of the societies as may be prescribed.
(2) Within three months of the commencement of the Punjab Cooperative
Societies (Amendment) Act 2020, every society shall provide the information about its
beneficial owners to the Registrar.
1Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary),
dated July 1, 2006, pp. 3-10, s. 12.
2Inserted by the Co-operative Societies (Second Amendment) Act 2020, published in the Punjab Gazette (Extraordinary), dated
September 10, 2020, pp. 1053-1056, s. 6.
3Omitted the word “and” by the Co -operative Societies (Second Amendment) Act 2020, published in the Punjab Gazette
(Extraordinary), dated September 10, 2020, pp. 1053-1056, s. 7(a).
4Substituted by the Act ibid.
5Added by the Act ibid., s. 7(b).
6Inserted by the Act ibid., s.8.
(3) If a society fails to provide the information as required under subsection (2),
the Registrar may proceed under section 4-A of this Act.
(4) For the purposes of ensuring the requirements set out in subsections (1), (2)
and (3), the Registrar shall exercise such responsibilities and powers as may be prescribed.]
22. Audit.–
1
[(1) The Registrar shall, by himself, an auditor or a committee of auditors
appointed by him, through general or special order in this behalf, specifying th e period for
completion, audit the accounts of every society once at least in a year:
Provided that no person shall audit the accounts of a society for two consecutive
years.]
2
[(1-A) The Registrar may, by general or special order, determine the fee pay able to
the auditor or the committee of the auditors, as the case may be, and the fee so determined
shall be payable by the society.]
(2) The audit under sub -section (1) shall include an examination of overdue
debts, if any, the verification of cash bala nce and securities, and a valuation of the assets
and liabilities of the society.
(3) The Registrar or other person auditing the accounts of any society shall have
free access to the books, accounts and vouchers of such society and shall be allowed to
verify its cash balances and securities.
The Directors, Managers, and other officers of the society shall furnish to the
Registrar or other person appointed to audit the accounts of a society all such information as
to its transactions and working as the Registrar or such person may require.
(4) The Registrar and every other person appointed to audit the accounts of a
society shall have power, when necessary–
(i) to summon at the time of his audit any officer, agent, servant or member of
the society who h e has reason to believe can give valuable information in
regard to any transaction of the society or the management of its affairs, or
(ii) to require the production of any book or document relating to the affairs of any
cash or securities belonging to the society by the officer, agent, servant, or
member in possession of such book, document, cash or securities.
3
[22A. Power of Registrar to e xercise powers under section 50 A in the course of an
audit.– Where, in the course of an audit under section 22 it app ears to the Registrar that
there exists any such ground as is specified in section 50A, he may, of his own motion or on
the application of the person authorised by him under section 22, exercise the powers
specified in section 50A].
4
[22-B. Internal audit committee.– (1) Every housing and producers‟ society, in addition to
the audit of accounts under section 22, shall also get the accounts audited by an internal
audit committee comprising at least three members of the society other than the members of
its managing committee as may be appointed by the general body with their consent.
1Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary),
dated July 1, 2006, pp. 3-10, s. 13.
2Inserted by the Act ibid., s.14.
3Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 7.
4Inserted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary),
dated July 1, 2006, pp. 3-10, s. 15.
(2) The report of the internal audit committee shall be submitted by the society or
the committee to the Registrar within one month of the receipt or compilation of such report.]
1
[CHAPTER V
Privileges of societies]
23. Societies to be bodies corporate .– The registration of a society shall render it a
body corporate by the name under which it is registered, with perpetual succession and a
common seal, and with power to hold prope rty, to enter into contracts, to institute, and
defend suits and other legal proceedings and to do all things necessary for the purposes of
its constitution.
24. Prior claim of society .– Subject to any prior claim of
2
[Government] in respect of
land revenue or any money recoverable as land revenue or of a landlord in respect of rent or
any money recoverable as rent,
(a) any debt or outstanding demand owing to a society by any member or past
member
3
[or, in the case of a society authorised under sub -section (1) of
section 34 to make loans to non -members, by a non-member] shall be a first
charge (i) upon crops or other agricultural produce raised in whole or in part
with a loan taken from the society by
4
[such member, past member or non -
member], and (ii) upon any cattle, fodder for cattle, agricultural or industrial
implements or machinery, or raw materials for manufacture or workshop,
godown or place of business, supplied to or purchased by
5
[such member,
past member or non -member] in whole or in part from any loan whether in
money or goods given, him by the society:
Provided that nothing contained in this clause shall effect the claims of any bona fide
purchaser or transferee for value without notice of any such crops or other agricultural
produce, cattle, fod der for cattle or raw materials for manufacture or workshops, or
agricultural or industrial implements; and
(b) any outstanding demands or dues payable to a housing society by any
member or past member in respect of rent, shares, loans, or purchase money
or any other rights or amounts payable to such society shall be a first charge
upon his interest in the immovable property of the society.
25. Charge and set -off in respect of shares or interest of member .– A society shall
have a charge upon the share or in terest in the capital and on the deposits of a member or
past member and upon any dividend, bonus or profits payable to a member or past member
in respect of any debt due from such member or past member to the society, and may set-off
any sum credited or p ayable to a member or past member in or towards payment of any
such debt.
1Substituted for the words “Privileges of Societies” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance,
1955 (Sind Ordinance V of 1955), s. 7, Schedule III, Part IV, it came into force with effect from 24 April 1947. Earlier the words
and figures “Chapter V-Privileges of societies” were substituted for the word s “Privileges of societies” by Bombay 8 of 1936, s.
2.
2Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West
Pakistan (Extraordinary), dated 3 June 1964, pp. 1805-1849, s. 2 read with the Schedule, Part IV; it came into force on 8 June
1962. These were earlier substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order,
1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III
(Bombay Acts).
3Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1947 (Sind Act XX of 1947), s. 4(a).
4Substituted for the words “such member or past member.” by the Act ibid., s. 4(b).
5Ibid.
26. Shares or interest not liable to attachment .– Subject to the provisions of section
25, the share or interest of a member in the capital of a society or in any provident fund
established under section 41 of this Act shall not be liable to attachment or sale under any
decree or order of a Court of justice in respect of any debt or liability incurred by such
member, and
1
[neither the Official Assignee under the Insolvency (Karachi Division
2
[* * *])
Act, 1909 nor a receiver under the Provincial Insolvency Act, 1920, shall] be entitled to or have
any claim on such share or interest.
27. Transfer of interest on death of member .– (1) On the death of a member of a
society such society may within a period of one year from the death of such member transfer
the share or interest of the deceased member to a person or persons nominated in
accordance with the by -laws of the society, if duly admitted a member of the Society, in
accordance with the rules or the by-laws of the society, or, if there is no person so nominated,
to such person as may appear to the Committee to be the heir or legal representative of the
deceased member if duly elected a member of the society, or may pay to such nominee, heir
or legal representative, as the case may be, a sum representing the value of such member‟s
share or interest as ascertained in accordance with the rules or by-laws:
Provided that such nominee, heir or legal representative, as the case may be, may
require that payment shall be made by the society within one year from the death of the
member of the value of the share or interest of such member ascertained as aforesaid.
3
[Provided further that the nominee, heir or legal representative shall distribute th e
amount received by him among the heirs of the deceased.]
(2) A society shall subject to the provisions of section 25 and unless prevented
by an order of a competent court pay to such nominee, heir or legal representative, as the
case may be, all other moneys due to the deceased member from the society.
(3) All transfers and payments made by a society in accordance with the
provisions of this section shall be valid and effectual against any demand made upon the
society by any other person.
28. Liability of past member.– The liability of a past member for the debts of a society
as they existed at the time when he ceases to be a member, shall continue for a period of
two years from the date of his ceasing to be a member.
4
[29. Liability of the estate of dec eased member.– The estate of a deceased member
shall be liable for the debts of the society, at the time of his death, for a period of one year.]
30. Register of members .– Any register or list of members or shares kept by any
society shall be prima facie evidence of any of the following particulars entered therein:–
(a) the date at which the name of any person was entered in such register or list
as a member;
(b) the date at which any such person ceased to be a member.
1Substituted for the words “a Receiver under the Provincial Insolvency Act, 1920, shall not” by the Sind Co -operative Societies
(West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan (Extraordinary) dated
April 30, 1965, pp. 1987-1989, s. 7. These words were earlier substituted for the words “neither the Official Assignee under the
Presidency Town, Insolvency Act, 1920, shall” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955
(Sind Ordinance V of 1955), s. 7 read with Schedule III.
2Deleted the words “and Dacca” by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in
the Punjab Gazette (Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(2).
3Added by the Cooperative Societies (Amendment) Ordinance, 1985 (VIII of 1985), published in the Punjab Gazette
(Extraordinary), dated February 23, 1985, s. 2.
4Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary),
dated July 1, 2006, pp. 3-10, s. 16.
31. Admissibility of copy of entry as evidence.– (1) A copy of any entry in any book,
register or list regularly kept in the course of business in the possession of a society shall, if
duly certified in such manner as may be prescribed by the rules, be admissible in evidence
of the existence o f the entry and shall be admitted as evidence of the matters and
transactions therein recorded in every case where, and to the same extent to which the
original entry would, if produced, have been admissible to prove such matters.
(2) In the case of such societies as
1
[the
2
[Government]] by ge neral or special
order may direct no officer of a society shall in any legal proceedings to which the society is
not a party be compelled to produce any of the society‟s books, the contents of which can be
proved under sub-section (1), or to appear as a witness to prove the matters, transactions
and accounts therein recorded, unless by order of the Court or a Judge made for special
cause.
32. Exemption from compulsory registration of instruments relating to shares
3
[etc]
of society.– Nothing in section 17, sub -section (1), clauses (b) and (c), of the
4
[* * * * *]
Registration Act, 1908
5
, shall apply to–
(1) any instrument relating to shares in a society notwithstanding that the assets
of the society consist in whole or in part of immovable property; or
(2) any debenture
6
[participation term certificate
7
[term] finance certificate,
musharika certificate, modaraba certificate and such other instruments as
may be approved by the State Bank of Pakistan], issued by any societ y and
not creating, declaring, assigning, limiting or extinguishing any right, title or
interest to or in immovable property except in so far as it entitles the holder to
the security afforded by a registered instrument whereby the society has
mortgaged, c onveyed or otherwise transferred the whole or part of its
immovable property or any interest therein to trustees upon trust for the
benefit of the holders of
8
[such instruments]; or
(3) any endorsement upon or transfer of any debenture
9
[participation term
certificate, term finance certificate, musharika certificate, modaraba
certificate, and such other instruments as may be approved by the State Bank
of Pakistan], issued by any society.
33. Power to exempt from income-tax, stamp-duty, registration and court fees.– (1)
The
10
[
1
[Federal] Government], by notification in the
2
[Official Gazette], may, in the case of
1Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the
Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
2Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
3Substituted for the words “and debentures” by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984),
published in the Punjab Gazette (Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(3)(i).
4The word “Indian” was omitted by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance
V of 1955), s. 4; it came into force with effect from 30 May 1951.
5XVI of 1908.
6Inserted by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in the Punjab Gazette
(Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(3)(ii)(a).
7Added by corrigendum published at p. 3029 in the Gazette of Punjab (Extraordinary), dated December 31, 1984.
8Substituted for the words “su ch debentures” by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984),
published in the Punjab Gazette (Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(3)(ii)(b).
9Inserted by the Ordinance ibid., s. 2(3)(iii).
10Substituted for “Governor-General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the
Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4(1) and Table of General Adaptations. Now „Federal
any society or class of societies, remit the income -tax or super-tax payable in respect of the
profits of the society, or of the dividends or other p ayment received by the members of the
society on account of profits or in respect of interest
3
[or return] on securities held by the
society.
(2) The
4
[
5
[Government]] by notification in the
6
[Official Gazette], may, in the case
of any society or class of societies, remit–
(a) the stamp -duty with which, under any law for the time being in force,
instruments executed by or on behalf of a society or by an officer or member
and relating to the business of the society, or any class of such instruments
7
[or secu rity bonds executed by or on behalf of officers or servants of a
society] or awards of the Registrar or arbitrators under this Act are
respectively chargeable; and
(b) any fee payable under the law of registration and of court fees for the time
being in force.
8
[* * * * * * * * * ]
33A.
9
[Government] may give loans or guarantee interest
10
[or return ].– With such
safeguards as may be prescribed by rules in this behalf
11
[the
12
[Government]] may give loans
Government‟, see the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975), published in Gazette of Pakistan (Extraordinary), Part-I,
dated August 1, 1975, pp. 435-467, see Article 2 read with Table of General Adaptations.
1Substituted for the word “Central” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette
(Extraordinary), dated August 11, 2020, pp. 585-588, s. 12.
2Substituted for the words “Gazette of India” by the Government of India (Adaptation of Indian Law s) Order, 1937, published in the
Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.
3Inserted by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in th e Punjab Gazette
(Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(4).
4Substituted for the word “Government” by the Sind Co -operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965),
published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 8(a), which was earlier substituted for
the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India
(Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
5Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the
Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
6Substituted for the words “Bombay Government Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937,
published in the Gazette o f India (Extraordinary), dated April 1 , 1937, pp. 75-344, Article 4(1) read with Table of General
Adaptations.
7Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 8.
8The paragraph beginning with the words “in this sub -section” and ending with the words “the Provincial Government”, which
was earlier inserted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India
(Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts) were omitted by the Sind Co -
operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan
(Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 8.
9Substituted for the words “Provincial Government” by the Co -operative Societies (Amend ment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
10Inserted by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in the Punjab Gazette
(Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(5)(i).
11Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the
Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
12Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
to societies or guarantee the payment of
1
[the principal of debentures issued by them or of
interest
2
[or return] thereon or both].]
3
[CHAPTER VI
Property and funds of societies]
34. Restrictions on loans .– (1) Except with the general or special sanction of the
Registrar
4
[and subject to such terms and condit ions as he may impose] a society shall not
make a loan to any person other than a member.
(2) Save with the sanction of the Registrar, a society with unlimited liability shall
not lend money on the security of movable property.
(3)
5
[The
6
[Government]] may, by general or special order, prohibit or restrict the
lending of money on mortgage of immovable property by any society or class of societies.
7
[(4) Where the Registrar has accorded sanction to a financing bank under sub -
section (1) to make loans to non -members, a society which is a member of such financing
bank may, subject to the terms of the sanction and such other terms and conditions as the
Registrar may impose, act as an agent of the financing bank and as such agent carry out, on
or without the payment of any commission, all or any transactions connected with any loan s
made or to be made by the financing bank].
8
[34-A. Prohibition on issuance of bearer shares, warrants.– No society shall allot, issue,
sell, transfer or assign any bearer shares, beare r share warrants or any other equity or debt
security of a bearer nature, by whatever name called, and any allotment, issue, sale,
transfer, assignment or other disposition of any bearer shares or bearer share warrants or
any other equity or debt security of a bearer nature, shall be void.]
35. Restrictions on borrowing
9
[and donations].– A society shall receive deposits
10
[,
donations, grants] and loans from persons who are not members only to such extent and
under such conditions as may be prescribed by the rules or by the bye-laws of the society.
36. Restrictions on other transactions with non -members.– Consumers‟, producers‟
and housing societies may to the extent permitted by their by -laws trade with persons who
are not members, but the transactions of a resource society with persons other than
1Substituted for the word s “interest on debentures issued by them” by the Bombay Co-operative Societies (Sind Amendment)
Act, 1935 (Bombay Act XXII of 1935), s. 2.
2Inserted by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in the Punjab Gazette
(Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(5)(ii).
3Substituted for the words “property and funds of Societies” by the Sind Laws (Adaptation, Revision, Repeal and Declaration)
Ordinance, 1955 (Sind Ordinance V of 1955), s. 7, Schedule III , Part IV, it came into force with effect from April 24, 1947.
Earlier the words and figures “Chapter VI-Property and funds of societies” were substituted for the words “Property and funds of
societies” by Bombay Co-operative Societies (Sind Amendment) Act, 1936 (Sind Act No. VIII of 1936), s. 2.
4Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1947 (Sind Act XX of 1947), s. 5(a).
5Substituted for the word “Government” by the Government of India (Adaptation of In dian Laws) Order, 1937, published in the
Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
6Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 202 0 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
7Added by the Bombay Co-operative Societies (Sind Amendment) Act, 1947 (Sind Act XX of 1947), s. 5(b).
8Inserted by the Co-operative Societies (Second Amendment) Act 2020, published in the Punjab Gazette (Extraordinary), dated
September 10, 2020, pp. 1053-1056, s. 9.
9Added by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary),
dated July 1, 2006, pp. 3-10, s. 17(a).
10Inserted by the Act ibid., s.17(b).
members except as provided under section 34 or 35 shall be subject to such prohibitions
and restrictions, if any, as
1
[the
2
[Government]] may by rules prescribe.
37. Investment of funds.– A society may invest or deposit its funds–
(a) in the Government Saving Bank; or
(b) in any of the securities specified in section 20 of the
3
[* * *] Trusts Act, 1882
4
;
or
(c) in the shares or on the security of any other society, provided that no such
investment shall be made in t he shares of any society other than one with
limited liability; or
(d) with any bank or person carrying on the business of banking approved for this
purpose by the Registrar; or
(e) in any other mode permitted by the rules.
5
[38. Restriction on dividend.– (1) No society, other than housing, banking or producers‟
society, shall pay a dividend to its members at a rate exceeding ten percent of its net profits.
(2) A housing, banking or producers‟ society shall pay a dividend to its members
at a rate not exceeding twenty percent of its net profits.]
39. Reserve fund .– (1) Every society which does or can derive a profit from its
transactions shall maintain a reserve fund.
(2) In the case of a resource or producers‟ society at least 1/4 th of the net profits
of the society each year shall be carried to the reserve fund and in the case of any other
society at least 1/10th of the net profits of the society each year shall be carried to the reserve
fund, and such reserve fund may be used in the business of the societ y or may be invested,
subject to the provisions of section 37, as
6
[the
7
[Government]] may by general or special
order direct, or may, with the previous sanction of
8
[the
9
[Government]] be used in part for
some public purpose likely to promote the objects of this Act or for some purposes of
provincial or local interest.
40. Restriction on distribution of profits .– Subject to the provisions of section 38 the
balance of the profits of a society after making the prescribed provisions for the reserve fund
may, together with any available profits of past years be distributed among its members, and
in the case of consumers‟ and producers‟ societies, also among persons who are not
1Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the
Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
2Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
3The word “Indian” omitted by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance
V of 1955), s. 4; it came into force with effect from 30 May 1951.
4II of 1882.
5Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary),
dated July 1, 2006, pp. 3-10, s. 18.
6Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the
Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
7Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
8Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the
Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
9Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
members, to the extent and under the conditions prescribed by the rules or by the by-laws of
such societies, provided that:–
(a) in the case of a resource society on a basis of unlimited liability in which the
members do not hold shares, no distribution of profits shall be made without
the general or special order of
1
[the
2
[Government]] in this behalf; and
(b) in the case of a resource society on a basis of unlimited liability in which the
members hold shares, no such distribution of profits shall be made until 10
years from the date of registration of the society have elapsed.
41. Provident fund.– Any society may establish a provident fund for its members out of
contributions from such members in accordance with by -laws made by the society in this
behalf and may contribute to such provident fund from its net profits, after the prescribed
payments have been made to the reserve fund, provided that such provident fund shall not
be used in the business of the society but shall be invested under the provisions of section
37; and provided further, that no part of such provident fund shall be cons idered as an asset
of the society.
42. Contribution to charitable purpose.– With the approval of the
3
[Registrar] and after
the payments prescribed by sub -section (2) of section 39 have been made to the reserve
fund, any society may–
(a) set aside a sum not exceeding 20 per cent of its net profits, and
(b) utilize from time to time the whole of such sum in contributing to any public or
co-operative purpose, or to a charitable purpose as defined in section 2 of the
Charitable Endowments Act, 1890
4
.
5
[CHAPTER VII
Inspection of affairs]
43. Inquiry by Registrar .– (1) The Registrar may of his own motion by himself or by a
person duly authorised by him in writing in this behalf hold an inquiry into the constitution,
working and financial condition of a society.
(2) The Registrar shall hold such an inquiry as is contemplated in sub -section (1)
of this section–
(a) on the requisition of a society, duly authorised by rules made in this behalf to
make such requisition, in respect of one of its members, such member be ing
itself a society,
(b) on the application of a majority of the Committee of the society,
(c) on the application of 1/3rd of the members of the society.
1Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the
Gazette of India (Extraordinary), dated April 1, 1937, pp.75-344, Article 3 read with Schedule III (Bombay Acts).
2Substituted for the words “Pr ovincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
3Substituted for the words “Bombay Central Co -operative Institute” by the Bombay Co-operative Societies ( Sind Third
Amendment) Act, 1940 (Sind Act XVI of 1940), s. 2.
4VI of 1890.
5Substituted for the words “Inspection of Affairs” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance,
1955 (Sind Ordinance V of 1955), s. 7, Schedule III, Part IV, it came into force with effect from April 24, 1947. Earlier the words
and figures “Chapter VII-Inspection of affairs” were substituted for the words “Inspection of affairs” by Bombay 8 of 1936, s. 2.
(3) All officers and members of the society whose affairs are investigated shall
furnish such infor mation in their possession in regard to the affairs of the society as the
Registrar or the person authorized by the Registrar may require.
(4) The result of any inquiry under this section shall be communicated to the
society whose affairs have been investigated.
44. Inspection of books of indebted society .– (1) The Registrar may, on the
application of a creditor of a society inspect or direct some person authorized by him by
order in writing in this behalf to inspect the books of the society:
Provided that–
(a) the applicant satisfies the Registrar that the debt is a sum then due, and that
he has demanded payment thereof and has not received satisfaction within a
reasonable time; and
(b) the applicant deposits with the Registrar such sum as security for t he costs of
the proposed inspection as the Registrar may require.
(2) The Registrar shall communicate the result of any such inspection to the
creditor.
1
[
2
[44-A. Inspection of books and properties .– The Registrar, or any of his
authorized representative, shall have access and right to inspect the books, accounts, cash,
documents, properties and securities of a society and every employee, past or present, of
the society shall produce the same and furnish such information with regard to the
transactions and working of the society as the person making such inspection may require.]]
3
[44B. Power of Registrar to exercise powers under section 50A in the course of
an inquiry or inspection .– Where, in the course of any inquiry under section 43 or an
inspection under section 44 or section 44 A it appears to the Registrar that there exists any
such ground as is specified in section 50A, he may, of his own motion or on the application of
the person authorised by him under section 43 or section 44 or sec tion 44A, exercise the
powers specified in section 50A].
4
[44-C. Power to remove officers .– (1) An officer of a Society, by whatever name
called may be removed by the Registrar, if, on an enquiry, he is satisfied that the said
officer–
(i) acts in a manner prejudicial to the interest of the society or its
members; or
(ii) has incurred any of the disqualifications or has ceased to possess any
of the qualifications for being an officer provided by the Act, rules or
bye-laws; or
(iii) has committed an act in respect of wh ich the Registrar is empowered
to take action under section 50-A.
1Inserted by the Bombay Co-operative Societies ( Sind Amendment) Act, 1943 (Sind Act XVI of 1943), published in the Sind
Government Gazette, dated April 15, 1943, s. 9.
2Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary),
dated July 1, 2006, pp. 3-10, s. 19.
3Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 9.
4Added sections 44-C, 44-D and 44-E by the Cooperative Societies (Amendment) Act, 1992 (I of 1992), published in the Punjab
Gazette (Extraordinary), dated June 4, 1992, s. 5.
(2) An order under sub -section (1) shall not be passed without giving to the
concerned officer a reasonable opportunity of being heard.
(3) On being removed, the officer shall not perfor m any functions as such in
relation to the society.
(4) An officer aggrieved by an order under sub-section (1) may, within a period of
seven days from the date of the order of his removal, prefer an appeal to such Appellate
Authority as may be constituted by the Government and the decision of the said Authority shall
be final:
Provided that the provisions of this section shall not apply to the Punjab Provincial
Cooperative Bank Ltd.
1
[
2
[(5) The Registrar may suspend, for a period not exceeding three mon ths, a
member of the managing committee of a society or any officer or official of the society
against whom an inquiry is pending under this Act or there are reasons to believe that any
such member, officer or official has committed any irregularity, illeg ality, breach of trust or
act prejudicial to the interests of the society.]]
44-D. Power of Registrar to give directions .– (1) Where the Registrar is satisfied that in
the public interest or to prevent the affairs of any society from being conducted in a manner
detrimental to the interest of its members or depositors or the society or to secure the proper
management of any society generally, it is necessary to issue directions to the societies
generally or to any society in particular, it may issue necessa ry directions and the societies
or as the case may be the society shall be bound to comply with such directions.
(2) The Registrar may on a representation made to him or on his own motion
modify or cancel any direction issued under sub-section (1) and in so modifying or cancelling
any direction impose such conditions as he may think fit subject to which the modification or
cancellation shall have effect.
44-E. Special measures .– (1) If it appears to the Registrar that in the interest of the
members of a society or its depositors , it is necessary that the moneys received and other
assets of the Society, whether held in the name of that society or any other person, are
protected and preserved, the Registrar or any other person authorised by him, may without
prejudice to any other action or proceedings which may be taken against the society under
any law for the time being in force-
(i) enter and search any premises and seize books of account or other
documents or records;
(ii) take in his custody all moneys, cash securities, title deeds, properties,
whether movable or immovable, belonging to such society including those
being held on behalf of or in the name of any officer, employee or agent of the
society, beneficiary or transferee of such Society or other p erson or their
dependents;
(iii) direct any bank, financial institution or person to freeze all moneys deposited
with it or him on behalf of the society or of any officer, employee, agent,
beneficiary or transferee of such society;
(iv) take all necessary steps and measures for identifying assets and property of
the society and for realization, protection and preservation thereof;
1Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary),
dated July 1, 2006, pp. 3-10, s. 20.
2Substituted by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette
(Extraordinary), dated August 11, 2020, pp. 585-588, s. 13.
(v) restrain any society or officer, employee, agent, beneficiary or transferee of
such society or any person deriving or claiming title through any of them from
alienating, transferring, selling, assigning, disposing of or parting with
possession of any property movable or immovable or deriving any benefit,
rent or income therefrom;
(vi) make such order for realization, protection and preservation of deposits of
money and other assets and property of the society as he may deem fit.
(2) The order passed under sub -section (1) may at any time be withdrawn and
shall not remain in force for more than one year.]
1
[44-F. Grievance redressal.– (1) A member or a society can approach the Registrar for
redressal of grievances, not covered under section 54, by filing an application.
(2) The Registrar may issue notice to the parties, and after providing an opportunity of
hearing, redress the grievance through a written order.
(3) Any party aggrieved by an order of the Registrar may file an appeal in the manner as
provided under section 64 of this Act, before the Secretary Cooperatives within two months
of the date of communication of the order.]
45. Costs of inquiry .– Where an inquiry is held under section 43 or an inspection is
made under section 44 the Registrar may apportion the costs, or such part of the costs, as
he may think right, between the society, the members or creditors demanding the inquiry or
inspection, the officers or former officers, and the members or past members of the society
2
[Costs may also be awarded by the Registrar to the financing bank in the case of inspection
under section 44 A of the books of any society other tha n an Agricultural Credit Society the
liability of which is unlimited]:
Provided that–
(a) no order of apportionment
3
[or award] of the costs shall be made under this
section unless the society or persons liable to pay the costs thereunder has or
have been heard or has or have had a reasonable opportunity of being heard;
(b) the Registrar shall state in writing under his own hand the grounds on which
the costs are apportioned
4
[or awarded].
5
[Explanation.– For the purposes of this section an Agricultural C redit Society means a
resource society of which the primary object is the creation of funds to be lent to its members
and of which a majority of the members are agriculturists and of which no member is a
registered society and the liability of which is unlimited.] collaborate
6
[46. Recovery of costs .– Any sum awarded by way of costs under section 45, may be
recovered, on the application of the Registrar, by a Magistrate having jurisdiction in the place
where the person from whom the money is claimable act ually and voluntarily resides, or
carries on business, or by an officer authorized in this behalf by the Government, by distress
1Inserted by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punja b Gazette (Extraordinary),
dated August 11, 2020, pp. 585-588, s. 14.
2Added by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 10(i).
3Inserted by the Act ibid., s.10 (ii).
4Ibid.
5Ibid.
6Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary),
dated July 1, 2006, pp. 3-10, s. 21.
and sale of any movable property belonging to such person, within the limits of the
jurisdiction of such Magistrate or any such officer.]
1
[CHAPTER VIII
Liquidation and Arbitration]
47. Winding up.– If the Registrar, after an inquiry has been held under section 43 or
after an inspection has been made under section 44
2
[or section 44 -A] or on receipt of an
application made by
3
[two third] of the members of a society present at a special general
meeting, called for the purpose or of his own motion, in the case of a society that has not
commenced working, or has ceased working
4
[***], is of opinion that the society ought to be
wound up he may issue an order directing it to be wound up, and the when necessary, may
appoint a liquidator for the purpose and fix his remuneration.
5
[48. Society may be wound up if membership is reduced .– (1) The Registrar may, by
order in writing, direct a s ociety to be wound up, if at any time it is proved to his satisfaction
that the membership of the society has been reduced to less than the requisite minimum
number of members and the society, despite a reasonable opportunity, has failed to raise
the number of members to be in accordance with the provisions of this Act.
(2) All existing societies shall, within two years of the commencement of this Act,
raise their membership to be in accordance with the provisions of this Act, failing which the
Registrar may wind up such a society after affording it an opportunity of being heard.]
6
[48-A. Winding up of housing society.– If a housing society fails to complete development
and allotment of plots in accordance with its development schedule, the Registrar may or der
the winding up of the society after affording it an opportunity of hearing.]
49. Effect of cancellation of registration .– When the affairs of a society for which a
liquidator has been appointed under section 47 have been wound up, or, where no liquidator
has been appointed, after two months from the date of an order under section 47, or after
confirmation of such order in appeal, the Registrar shall make an order cancelling the
registration of the society, and the society shall be deemed to be dissolved from the date of
such order.
7
[49-A. Records of cancelled societies .– (1) The Registrar shall keep all the records of a
society along with proceeding of liquidation completed whose registration has been
cancelled for a period not less than five years.
(2) The Secretary of a society whose registration has been cancelled shall also
keep the record of the society for a period not less than five years:
1Substituted for the words “Liquidation and Arbitration” by the Sind Laws (Adaptation, Revision, Repeal and Declaration)
Ordinance, 1955 (Si nd Ordinance V of 1955), s. 7, Schedule III , Part IV, it came into force with effect from April 24, 1947.
Earlier the words and figures “Chapter VIII -Liquidation and Arbitration” were substituted for the words “Liquidation and
Arbitration” by the Bombay Co-operative Societies (Sind Amendment) Act, 1936 (Sind Act No. VIII of 1936), s. 2.
2Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 11.
3Substituted for the words “three fourths” by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the
Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 22(a).
4Omitted the words “or possesses shares or members deposits not exceeding Rs.500/-” by the Act ibid., s. 22(b).
5Substituted by the Act ibid., s.23.
6Inserted by the Act ibid., s.24.
7Inserted by the Co-operative Societies (Second Amendment) Act 2020, published in the Punjab Gazette (Extraordinary), dated
September 10, 2020, pp. 1053-1056, s. 10.
provided that the society shall dispose of its record after five years after the approval of
the Registrar Cooperative Societies.]
50. Power of a liquidator .– A liquidator appointed under section 47 shall have power
with the sanction of the Registrar to do all or any of the following things:–
(a) pay any class or classes of creditors in full;
(b) make any com promise or arrangement with creditors or persons claiming to
be creditors or having or alleging themselves to have any claim, present or
future, whereby the society may be rendered liable;
(c) to compromise all calls or liabilities to calls and debts, and liabilities capable
of resulting in debts, and all claims, present or future, certain or contingent,
subsisting or supposed to subsist between the society and a contributory or
alleged contributory or other debtor or person apprehending liability to the
society and all questions in any way relating to or affecting the assets or the
winding up of the society on such terms as may be agreed and take any
security for the discharge of any such call, liability, debt, or claim and give a
complete discharge in respect thereof;
(d) from time to time to determine the contribution to be made or remaining to be
made by the members or past members or by the estates or nominees, heirs
or legal representatives of deceased members or by any officer to the assets
of the soci ety, such contribution including debts due from such members or
persons;
(e) to institute and defend suits and other legal proceedings on behalf of the
society in the name of his office;
(f) to issue requisitions under section 59 upon the Collector for the recovery as
arrears of land revenue of any sum ordered by him to be recovered as dues
from members, or as a contribution to the assets of the society or to the cost
of liquidation;
(g) to get disputes referred to arbitration;
(h) to investigate all claims against the society and subject to the provisions of
this Act as to decide questions of priority arising out of such claims, and to
pay rateably according to the amount of such debts, the surplus if any being
applied in payment of interest
1
[or return] from the date of liquidation at a rate
to be fixed by the Registrar and not exceeding the contract rate;
(i) to determine by what persons and in what proportion the cost of the
liquidation shall be borne;
(j) to give such directions in regard to the collection and distribution of the assets
of the society as may appear to him to be necessary for winding up the affairs
of the society;
(k) to fix the time or times within which creditors shall prove their debts and
claims or be included for the benefit of any di stribution made before those
debts or claims are proved;
(l) to carry on the business of the society so far as may be necessary for the
beneficial winding up of the same:
1Inserted by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in the Punjab Gazette
(Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(6).
Provided that no liquidator shall determine the contribution, debt or dues to be
recovered from a past member or the representative of a deceased member
unless opportunity has been given to such past member or to such
representative to answer the claim.
1
[Provided further that all debts due to
2
[Government] shall have priority over all debts
which are not secured by a mortgage, charge or lien on the property of the society or
any part thereof but nothing herein contained shall affect the provisions of sections
137 and 138 of the
3
[Sind] Land Revenue Code, 1879
4
5
[, or any other law relatin g to
land revenue in force in the area].]
50-A. Power of Registrar to assess damage against delinquent promoters, etc .–
6
[(1)
Where, in the course of winding up of a society, it appears that any person who has taken
part in the organization or management o f the society or any past or present Chairman,
Secretary, member of managing committee or any officer of the society has misapplied or
retained or become liable or accountable for any money or property of the society or has
been guilty of misfeasance or breach of trust in relation to the society or, where the society is
acting under subsection (4) of section 34 as agent of the financing bank, has made any
payment contrary to the instructions of the financing bank, the Registrar may himself or on
the recommendation of the liquidators, auditor, enquiry officer in case of violation of section
44-D or any of the creditor or contributory of such society, examine into the conduct of such
person and make an order requiring him to repay or restore the money or prope rty or any
part thereof respectively with interest at such rate as the Registrar thinks just, or to
contribute such sum to the assets of the society or of the financing bank by way of
compensation in regard to the misapplication, retainer misfeasance or br each of trust as the
Registrar thinks just.]
(2) This section shall apply notwithstanding that the act is one for which the
offender may be criminally responsible.
51. Bar of suit in winding up and dissolution matters .– Save in so far as is expressly
provided in this Act no civil court shall take cognizance of any matter
7
[arising out of any
proceedings under Chapter VIII -A or] connected with the winding up or dissolution of a
society under this Act and when a winding up order has been made no suit or ot her legal
proceeding shall lie or be proceeded with against the society except by leave of the
Registrar and subject to such terms as he may impose.
52. Disposal of surplus assets .– After all the liabilities including the paid -up share
capital of a cancel led society have been met, the surplus assets shall not be divided
amongst its members but they shall be devoted to any object or objects described in the by -
laws of the society and when no object is so described to any object of public utility
determined by the general meeting of the society and approved by the Registrar or they may
1Added by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 12.
2Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West
Pakistan (Extraordinary), dated 3 June 1964, pp. 1805-1849, s. 2 read with the Schedule, Part IV; it came into force on 8 June
1962.
3Substituted for the word “Bombay” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (S ind
Ordinance V of 1955), s. 3(i) (with effect from May 30, 1951).
4Sind V of 1879.
5Added by the Sind Co -operative Societ ies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the
Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 9.
6Substituted by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020), published in th e Punjab Gazette
(Extraordinary), dated August 11, 2020, pp. 585-588, s. 15.
7Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1947 (Sind Act XX of 1947), s. 7.
in consultation with them either be assigned by the Registrar in whole or in part to any or all
of the following:–
(a) an object of public utility of local or communal interest,
(b) a charitable purpose as defined in section 2 of the Charitable Endowments
Act, 1890
1
.
(c) the
2
[
3
[* * *] Provincial Co -operative Institute], or may be placed on deposit
with
4
[the Provincial Co-operative Bank] until such time as a new society with
similar conditions is registered when with the consent of the registrar such
surplus may be credited to the reserve fund of such new society.
53. Surplus assets of housing society.– Where the society directed to be wound up is
a housing society, its assets, both movable and immovable, shall for the purposes of winding
up or dissolution of the society jointly vest, subject to all rights and equities, in three persons
of whom one shall be nominated by the Registrar, one shall be nominated by the said
society in a general meeting specifically called for the purpose and one shall be nominated
by the
5
[
6
[* * *] Provincial Co -operative Institute]. Such persons shall, for the purpose of
winding up or dissolution of the society be Joint Liquidators and shall have al l the powers of
a liquidator under this Act. They may, with the sanction of the Registrar, continue the
working of the society, or may, subject to his sanction and in consultation with the members
of the society in a general meeting, reconstruct the societ y or may sell off the premises of
the society to the best advantage of all interests concerned, and when all the liabilities of the
society are met, may dispose of the surplus assets of the society, if any, as provided in
section 52.
54. Arbitration.–
7
[If any dispute touching the business of a society (other than a dispute
regarding disciplinary action taken by the society or its committee against a paid servant of
the society) arises–
(a) between members or past members of the society or persons claiming
through a member or past member, or
(b) between members or past members or persons so claiming and any past or
present officer, agent or servant of the society, or
(c) between the society or its committee, and any past or present member of the
society, or
(d) between the society or its committee, and any past or present officer, agent or
servant of the society, or a surety of such officer, agent or servant, whether
such surety is or is not a member of the society,
8
[or].
1VI of 1890.
2Substituted for the words “Bombay Central Co-operative Institu te” by the Bombay Co-operative Societies ( Sind Third
Amendment) Act, 1940 (Sind Act XVI of 1940), s. 3.
3Omitted t he word “Sind” by the Sind Co -operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965),
published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 10.
4Substituted for the words “a Central Co -operative Bank” by the Cooperative Societies (Punjab Amendment) Ordinance, 1984
(XL of 1984), published in the Punjab Gazette (Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(8).
5Substituted for the words “Bombay Provincial Co -operative Institute” by the Bombay Cooperative Societies ( Sindh Third
Amendment) Act, 1940 (Sind Act XVI of 1940).
6Omitted t he word “Sind” by the Sind Co -operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965),
published in the Gazette of West Pakistan (Extraordinary) dated 30 April 1965, pp. 1987-1989, s. 10.
7Substituted for the first paragraph by the Bombay Co-operative Societies (Sind Amendment) Act, 1944 (Sind Act VIII of 1944),
s. 2.
8Added by the Bombay Co-operative Societies (Sind Amendment) Act, 1947 (Sind Act XX of 1947), s. 8(a).
1
[(e) between a financing bank aut horised under sub-section (1) of section 34 and
a person who is not a member of a society],
2
[or]
3
[(f) between two societies.]
it shall be referred to the Registrar for decision by himself or his nominee, or if either
of the parties so desires, to arbitra tion of three arbitrators who shall be the Registrar or his
nominee and two persons of whom one shall be nominated by each of the parties
concerned.]
A dispute shall include
4
[the question whether a person is or was a member of a
society and also] claims b y a society for debts or demands due to it from
5
[a member, past
member or non-member] or the heirs or assets of a past member
6
[or non-member] whether
such debts or demands be admitted or not:
Provided that if the question at issue between a society and a claimant, or between
different claimants, is one involving complicated questions of law and fact, the Registrar
may, if he thinks fit, suspend proceeding, in the matter until the question has been tried by a
regular suit instituted by one of the parties or by the society. If no such suit is instituted within
six months of the Registrar‟s order suspending proceedings, the Registrar shall take action
as laid down in paragraph 1 of this section.
7
[54-A. Registrar’s power to set aside the award and order the dispute to be referred
back to arbitration .–
8
[(1) In the case of any award made by the arbitrators under section
54, the Registrar, if he is not one of such arbitrators, may of his own motion or on the
application of any of the parties to the award, by an order in writing rec ording reasons
therefor,–
(a) modify or correct the award (i) where it appears that a part of the award is
upon a matter not referred to arbitration and such part can be separated from
the other part and does not affect the decision on the matter referred; or (ii)
where the award is imperfect in form or contains any obvious error which can
be amended without affecting such decision; or (iii) where the award contains
a clerical mistake or an error arising from an accidental slip or omission; or
(b) remit the award or any matter referred to arbitration to the arbitrators for
reconsideration–
(i) where the award has left undetermined any of the matters referred to
arbitration or where it determines any matter not referred to arbitration
and such matter cannot be separated without affecting the
determination of the matters referred, or
(ii) where the award is so indefinite as to be incapable of execution, or
1Inserted by the Act ibid.
2Inserted by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary),
dated August 11, 2020, pp. 585-588, s. 16.
3Added by the Act ibid.
4Added by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 13 (ii).
5Substituted for the words “a member or past member” by the Bombay Co-operative Societies ( Sind Amendment) Act, 1947
(Sind Act XX of 1947), s. 8(b)(i).
6Inserted by the Act ibid., s. 8(b)(ii).
7Inserted by the Bombay Co-operative Societies ( Sind Amendment) Act, 1938 (Sind Act X of 1938), publ ished in the Sind
Government Gazette, dated June, 9, 1938, s. 2.
8Substituted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 14(i).
(c) set aside the award and order that the dispute shall be referred to arbitration
in the manner provided in the said section:
Provided that no order referred to in clauses (a) to (c) shall be made after the issue of
a certificate under section 59 for the execution of the award:
Provided further that no order under clause (c) shall be mad e unless the Registrar is
of opinion that–
(i) an objection to the legality of the award is apparent on the face of it, or
(ii) the award has been vitiated in consequence of corruption or
misconduct on the part of the arbitrators, or
(iii) the award is in any way perverse.]
(2) In making an order under
1
[clause (c) of] sub -section (1), the Registrar may
direct that all or any of the arbitrators who made the award shall not act again as arbitrators
for deciding the dispute.
(3) Where a dispute is referre d back to arbitration under
2
[clause (c) of] sub -
section (1), the arbitrators shall make a fresh award within such time as may be fixed by the
Registrar. If the arbitrators fail to make a fresh award within the time so fixed, the Registrar
or his nominee shall decide the dispute.]
55. Attachment before award .– Where a dispute has been referred to the Registrar
under section 54 or to arbitration under clause (g) of section 50, the Registrar or his nominee
or the arbitrators, as the case may be, if satisfied on inquiry or otherwise, that a party to such
arbitration with intent to delay or obstruct the execution of any award that may be made,–
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove the whole or any part of h is property from the jurisdiction
of the Registrar, may unless adequate security is furnished direct the
conditional attachment of the said property; and such attachment shall have
the same effect as if made by a competent Civil Court.
56. Appeal against award of arbitrator .– Any party aggrieved by any decision of the
Registrar‟s nominee made under section 54
3
[or sub-section (3) of section 54 -A] or an order
passed under section 55 by the Registrar‟s nominee or arbitrators may within one month of
the date of the award or order appeal to the Registrar and the Registrar shall decide the
appeal
4
[* * *].
5
[57. Finality of awards in certain orders.– The award of arbitrators or a decision by the
Registrar or his nominee under section 54 or section 54A or an ord er passed in appeal by
the Registrar under section 56 shall, subject to the provision of sections 64 and 64 -A, be
final and conclusive and shall not be liable to be called in question in any civil or revenue
court.]
58. Powers to enforce attendance .– Wherever in this Act it is provided that the
Registrar or person duly authorized by general or special order in writing by the Registrar in
1Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 14(ii).
2Ibid.
3Inserted by the Bombay Co-operative Societies ( Sind Amendment) Act, 1938 ( Sind Act X of 1938), published in the
Government Gazette, dated June 9, 1938, s. 3.
4Omitted the word “himself” by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 15.
5Substituted by the Act ibid., s. 16.
this behalf shall hold an inquiry under section 43 or shall make an inspection under section
44 or shall wind up a socie ty or shall arbitrate, such Registrar, or person authorized, as the
case may be, shall have the power to summon and enforce the attendance of witnesses
including the parties interested or any of them and to compel them to give evidence, and to
compel the production of documents by the same means and as far as possible in the same
manner as is provided in the case of a civil court by the Code of Civil Procedure, 1908
1
.
59. Money how recovered .– (1)
2
[Every order passed by a liquidator under section 50,
or by the Registrar under section 50A, or by the Registrar or his nominee or arbitrators on
disputes referred to him or them under clause (g) of section 50 or under section 54 or unde r
sub-section (3) of section 54 A, every order passed in appeal, under section 56, every order
passed by the
3
[
4
[Secretary Cooperatives]] in appeal against orders under sections 50, 50 A,
54 or sub-section (3) of section 54 A and every order passed under section 64 A shall, if not
carried out,
5
[* * *]]:
6
[(a) on a certificate signed b y the Registrar or a liquidator, be deemed to be a
decree of a civil court and shall be executed in the same manner as a decree
of such court; or]
7
[(b) be executed according to the law for the time being in force for the recovery
of arrears of land revenu e; provided that any application for recovery of the
amount in such a manner shall be made to the Collector and shall be
accompanied by a certificate signed by the Registrar or by an officer
subordinate to the Registrar to whom the said power has been dele gated by
the Registrar.]
8
[(2) Powers of 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 such rules as may be prescribed by the
9
[Government] and
without prejudice to any other mode of recovery provided by or under this Act, recover by
exercising powers of the Collector under the
10
[Sind] Land Revenue Code, 1879
11
,
12
[or the
relevant provisions of any other law relating to land revenu e in force in the area], and the
Rules thereunder–
1V of 1908.
2Substituted for the words beginning with “Every order passed by a liquidator” and endin g with “be executed” by the Bombay
Co-operative Societies (Sind Amendment) Act, 1940 (Sind Act V of 1940), published in the Sind Government Gazette, dated
March 7, 1940, s. 4 which came into force with effect from December 4, 1925.
3Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
4Substituted for the word “Government” by the Act ibid., s. 17(a).
5Omitted the words “be executed” by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943),
s. 17(i).
6Substituted by the Act ibid., s. 17(ii).
7Substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary),
dated July 1, 2006, pp. 3-10, s. 25(1).
8Inserted sub-sections (2) and (3) by the Bombay Cooperative Societies (Sind Amendment) Act, 1950 (Sind Act XXVI of 1950),
s. 2. The original sub -section (2) was repealed by the Bombay Co-operative Societies (Sind Amendment) Act, 1935 (Sind Act
XXII of 1935), s. 3.
9Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
10Substituted for the word “Bombay” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind
Ordinance V of 1955), s. 3(i); it came into force with effect from 30 May 1951.
11Sind V of 1879.
12Inserted by the Sind Co -operative Societies (We st Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the
Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 6.
(a) any amount due under a decree or order of a Civil Court, a decision or an
award of the Registrar, obtained by a registered society including a financing
bank or liquidator; or
(b) any sum awarded by way of costs under sections 44-B and 45; or
(c) damages assessed in sections 22-A and 50-A; or
(d) penalty provided for in sections 61 and 62; or
(e) sums due to
1
[Government] under section 65, together with the interest,
2
[or
return], if any, due on such am ount or sum and the cost of process, by the
attachment and sale or by the sale without attachment of property of the
person against whom such decree, decision, award or order has been
obtained or passed.
(3) Registrar or person empowered by him to be a Civ il Court for certain
purposes.– The Registrar or any person empowered by him in that behalf shall be deemed
when exercising any powers under this Act for the recovery of any amount by the attachment
and sale or by the sale without attachment of any propert y, or when passing any orders on
any application made to him for such recovery or to take some step -in-aid of such recovery
to be a Civil Court for the purposes of Article 182 of the First Schedule to the Limitation Act,
1908
3.]
4
[(4) The
5
[Secretary Cooperatives] or the Registrar may, on an application, direct
that an order or award, passed under this Act, shall be executed in accordance with the
provisions of the Civil Procedure Code, 1908 (Act V of 1908) or any other law for the time
being in force.
(5) The Registrar or any other officer subordinate to him, duly authorized by the
Government to execute the orders or the awards, shall be deemed to be a civil court and shall
have the powers vested in an executing court under the Civil Procedure Code 1908 (Act V of
1908).]
6
[59A. Transfer of property which cannot be sold .– (1) When in execution of an order
sought to be executed under section 59, any property cannot be sold for want of buyers, if
such property is in the occupancy of the defaulter or of some p erson on his behalf or of
some person claiming under a title created by the defaulter subsequently to the issue of the
certificate of the Registrar, Liquidator or Assistant Registrar under clause (a) or (b) of sub -
section (1), the Court or the Collector, as the case may be, may, with the previous consent of
the Registrar, direct that the said property or any portion thereof shall be transferred to the
society which has applied for the execution of the said order and that the said property or the
portion shall be delivered to the society in the prescribed manner.
(2) Subject to such rules as may be made in this behalf and to any right,
encumbrances, charges or equities lawfully subsisting in favour of any other person, such
1Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West
Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2 read with the Schedule, Part IV, it came into force on June 8,
1962.
2Inserted by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in the Punjab Gazette
(Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(9).
3IX of 1908.
4Inserted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette (Extraordinary),
dated July 1, 2006, pp. 3-10, s. 25(2).
5Substituted for the word “Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020), published in the
Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 17(b).
6Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1935 (Sind Act XXII of 1935), s. 4.
property or portion thereof shall be held by the said society on such terms and conditions as
may be agreed upon between the Court or the Collector, as the case may be, and the said
society:
Provided that any private transfer or delivery of or encumbrance or charge on the
property made or created after the issue of the certificate of the Registrar, Liquidator or
Assistant Registrar, as the case may be, under section 59 shall be null and void as against
the said society].
1
[CHAPTER VIII-A
Distraint]
59-B. Definitions.– In this Chapter, u nless there is anything repugnant in the subject or
context–
(a) “Collector” includes an officer appointed by the
2
[Government] to discharge
any of the functions of the Collector under this Chapter;
(b) “defaulter” means a person (including his legal repre sentatives if he is dead)
from whom any such debt or outstanding demand as is referred to in section
59C is recoverable;
(c) words and expressions used herein and not hereinbefore defined shall have
the meanings respectively assigned to them by the
3
[Sind] Land Revenue
Code, 1879
4
5
[or any other law relating to land revenue in force in the area].
59C. Cases in which application for distraint may be made .– Where any debt or
outstanding demand is due to a society from any member or past member or is due to a
society, which is authorised by the Registrar under sub -section (1) of section 34 to make
loans to non-members, from any person who is not a member of a society, the society may,
in addition to any other remedy to which it is entitled by law, present an a pplication to the
Registrar requesting him to recover the debt or outstanding demand by distraining, while in
the possession of the defaulter , any crop or other produce belonging to him, whether the
same is growing or is ungathered or has been reaped or gathered.
59D. Form of application .– (1) Every application under the last foregoing section shall
specify–
(a) particulars of the land on which the crop or produce is or has been grown;
(b) the name of the defaulter;
(c) a detailed account of the debts and outstanding demands due to the society;
(d) the nature and approximate value of the crop or produce to be distrained;
(e) if the crop or produce is growing or is ungathered, the time at which it is likely
to be fit to be reaped or gathered; and
1Chapter VIII-A (sections 59-B to 59-U), inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1947 (Sind Act
XX of 1947), s. 9.
2Substituted for the words “Provincial Government” by th e Co -operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
3Substituted for the word “Bombay” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Or dinance, 1955 (Sind
Ordinance V of 1955), s. 3(i); it came into force with effect from 30 May 1951.
4Sind V of 1879.
5Added by the Sind Co -operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the
Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 9.
(f) if the crop or produce has been reaped or gathered, the place where it is kept
or such other particulars as may suffice for its identification.
(2) The application shall be signed and verified in the manner prescribed by the
Code of Civil Procedure, 1908, for the signing and verification of plaints.
59E. Procedure on receipt of application .– (1) A society shall at the time of making an
application under section 59 C, file before the Registrar such documentary evidence, if any,
as it may consider necessary for t he purpose of proving the statements made in the
application.
(2) The Registrar may, after taking such evidence as he thinks fit, admit the
application or reject it:
Provided that the person against whom the application is made shall be given a
reasonable opportunity of being heard.
(3) Where the Registrar does not at once admit or reject the application, he may
make an order prohibiting the removal of the crop or other produce specified in the
application, pending a final decision on the application.
(4) Where an order for distraining any crop or produce is made under this section
a considerable time before the crop or produce is likely to be fit to be reaped or gathered, the
Registrar may suspend the execution of the order for such time as he thinks fi t and may
make a further order prohibiting the removal of such crop or produce pending the execution
of the order of distraint.
(5) An order under sub -section (3) or sub -section (4) shall be served and
published in such manner as may be prescribed by rules.
(6) Any person who shall disobey any order made under sub -section (4)
prohibiting the removal of any crop or produce pending the execution of the order of distraint,
after the same has been published or served upon him, or who shall, within the meaning of
the
1
[Pakistan] Penal Code, abet the disobedience of any such order, shall be liable, on
conviction after a summary enquiry by the Collector, to a fine not exceeding double the
amount due to the society for the recovery of which it is proposed to make the distraint. Such
fine shall be recovered as an arrear of land revenue.
59F. Execution of order for distraint .– (1) If the application is admitted under the last
foregoing section and an order for distraining any crop or produce is made, the Registrar
shall send to the Collector for execution a copy of the order together with such particulars as
may be prescribed by rules.
(2) Upon receipt of a copy of the order referred to in sub -section (1) the Collector
shall depute an officer to distrain the crop or produce specified therein or such portion
thereof as the Collector thinks fit and the officer so deputed shall at once proceed to the
place where the crop or produce is or is kept, and distrain the same by taking charge of it
himself or by placing it in t he charge of some other person appointed by him in this behalf.
The distraining officer shall publish a notification of the distraint in the manner prescribed by
rules.
(3) Any crop or produce which from its nature does not admit of being stored
shall not be distrained at any time less than twenty days before the time at which it is likely to
be fit to be reaped or gathered.
1Substituted for the word “Indian” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind
Ordinance V of 1955), s. 4; it came into force with effect from 30 May 1951.
59G. Service of notice of demand and the grounds of distraint .– (1) The distraining
officer shall, at the time of making the distraint serve on the defaulter–
(a) a notice of demand for the amount due and the costs incurred in making the
distraint (herein after called the demand amount); and
(b) a statement of the grounds on which the distraint is made.
(2) The notice of demand and t he statement shall be served in such manner as
may be prescribed by rules.
59H. Right to reap, etc., produce .– (1) Subject to such conditions as the Collector may
impose in this behalf either in the order of distraint or in any subsequent order, the defau lter
may tend, reap, gather or store the crop or produce and do any other act necessary for
maturing or preserving it; and if the defaulter fails to do all or any of such acts, the distraining
officer may appoint a person to do all or any of them, and the costs incurred by the
distraining officer for this purpose shall be recoverable from the defaulter as if they were
included in the costs of distraint.
(2) The crop or produce reaped or gathered by the defaulter shall remain in
charge of the distraining officer or some other person appointed by him in this behalf.
59I. Sale proclamation to be issued unless demand is satisfied .– (1) Unless the
demand amount is immediately paid, the distraining officer shall issue a proclamation in
1
[the
local language of the area] of the intended sale specifying the particulars of the property
distrained and the demand amount for which it is distrained and shall further notify that he
will, at a place and on a day specified, not being less than three or more than seven days
from the date of the distraint, sell the distrained property by public auction:
Provided that when the crop or other produce distrained is capable of being stored
but has not been stored the day of the sale shall be so fixed as to allow of its being stored
before the sale.
(2) Such proclamation shall be made by beat of drum in the village in which the
distrained property was seized and a copy of the proclamation shall be affixed in some
public place in the village and in the Mukhtiarkar‟s office.
59J. Place of sale.– The sale shall be held–
(a) in the case of a growing crop , on or near the land on which such crop has
been grown, or
(b) if the crop or produce has been reaped or gathered, at or near the place
where it is kept:
Provided that the distraining of ficer may direct the sale to be held at the nearest
place of public resort, if he is of opinion that the crop or produce is thereby likely to sell to
greater advantage.
59K. Provisions relating to growing crops .– (1) Where the crop is growing one and
from its nature admits of being stored, the sale shall not be held until the crop is reaped or
gathered and is ready for storing.
(2) Where the crop from its nature does not admit of being stored, it may be sold
before it is reaped or gathered, and the purchas er shall be entitled to enter on the land by
himself or by any other person appointed by him in this behalf and to do all acts necessary
for the purpose of tending, reaping or gathering the crop.
1Substituted for the word “Sindhi” by the Sind Co -operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of
1965), published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 11.
59L. Manner of sale .– The distrained property shall be sold by public auction in one or
more lots as the officer holding the sale may determine; and if the demand amount is
realised by the sale of a portion of the property, the order of distraint shall not be executed
with respect to the remainder.
59M. Postponement of sale .– If, on the distrained property being put up for sale, a fair
price, in the opinion of the officer holding the sale, is not offered for it, and if the owner of the
property or a person authorised to act on his behalf applies to have the sale pos tponed to
the next day, the sale shall be postponed until that date and shall then be completed
whatever may be the price offered for the property.
59N. Payment of purchase money.– (1) The price of each lot shall be paid at the time of
sale or as soon ther eafter as the officer holding the sale directs, and in default of such
payment the property shall forthwith be resold.
(2) Any deficiency of price which may happen on a resale by reason of the
purchaser‟s default, and all expenses attending such resale, s hall be certified to the
Collector by the officer holding the sale, and shall, at the instance of the society or the
defaulter, be recoverable from the defaulting purchaser as if they were an arrear of land
revenue.
59O. Certificate be given to the purchas er.– When the purchase money has been paid
in full the officer holding the sale shall grant a receipt for the same and the sale shall become
absolute as against all persons whomsoever.
59P. Proceeds of sale how to be applied .– (1) When any property is sold under this
Chapter the proceeds of the sale shall be applied to defraying the costs of distraint and sale
and to the payment of the amount for which the distraint was made and the surplus, if any,
shall be paid to the person whose property has been sold.
(2) The costs of distraint and sale shall be estimated at such rates as may, from
time to time, be sanctioned by the
1
[Executive District Officer (Revenue) or any other officer
authorized by the Government in this behalf].
59Q. Certain persons may not purchase.– No officer or other person having any duty to
perform in connection with any distraint or sale made under this Chapter and no officer or
servant of any society shall, either directly or indirectly, acquire or attempt to acquire any
interest in the property sold.
59R. Procedure where demand is paid before the sale .– (1) If at any time after a
distraint has been made under this Chapter and before the sale of the distrained property the
defaulter or any other person deposits with the Collector or with the distraining officer the
demand amount together with such costs as may have been incurred after the service of the
notice of demand, the order of distraint shall not be executed.
(2) When the distraining officer receives the deposit, he shall forthwith remit it to
the Collector.
(3) After the expiration of one month from the date on which the deposit is made
under sub-section (1), the Collector shall pay to the society which applied for distraint the
amount due to it:
1Substituted for the wor d “Commissioner” by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the
Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 26. It was earlier substituted for the words “Revenue
Commissioner” by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the
Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 12.
Provided that, if before the expi ry of the said period the Collector receives notice of
any suit in which the legality of the distraint order is questioned or compensation is claimed
for illegal distraint, he shall withhold payment to the society and shall deal with the money in
accordance with such decree
1
[or] order as may be passed in the suit.
59S. Distraint of property which is under attachment .– Where an order of distraint
issued under this Chapter and an order made by a Civil Court for attachment or sale relate to
the same property, the order of distraint shall prevail; but if the property is sold under the
order of distraint the surplus proceeds of the sale sha ll not be paid under section 59 P to the
owner of the property without the sanction of the court by which the order of attach ment or
sale was made.
59T. Suit for compensation for wrongful distraint and appeals .– No appeal shall lie
against an order made by the Registrar or the Collector under this Chapter; but a person
whose property is distrained on an ap plication made under se ction 59C may institute a suit
against the applicant for recovery of compensation if such an application is not competent
under that section.
59U. Savings.– Nothing contained in this Chapter shall affect the operation of the
provisions of
2
[the Punjab Land Revenue Act, 1967 (W.P. Act XVII of 1967)] in so far as they
give priority to claims of the
3
[Government] to any moneys recoverable under the provisions
of that Chapter over any other debt, demand or claim.]
4
[CHAPTER IX
Offences]
60. Offences.– It shall be an offence under this Act if–
(a) Default by a society, officer or member.– a society with a working capital of
Rs.50,000 or more or an officer or member thereof fails without any
reasonable excuse to give any notice, send any return or document, do or
allow to be done anything which the society, officer or member is by this Act
5
[or rules made thereunder] required to give, send, do or allow to be done; or
(b) Wilful neglect or default by a society, etc .– a society or an officer or a
member thereof wilfu lly neglects or refuses to do any act or to furnish any
information required for the purposes of this Act
6
[or rules made thereunder]
by the Registrar or other person duly authorised by him in writing in this
behalf; or
(c) Wilful furnishing of false infor mation.– a society or an officer or member
thereof wilfully makes a false return or furnishes false information; or
1Substituted for the word “of” by the Sind Laws (Adaptation, Revision, Repeal and Decla ration) Ordinance, 1955 (Sind V of
1955), s. 7, Schedule III, Par IV.
2Substituted for the words “Chapter XI of the Sind Land Revenue Code, 1879, or the relevant provisions of any other law
relating to land revenue in force in the area,” by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the
Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 27.
3Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
4Substituted for the word “Offences” by the Sind Laws (Adaptation, Revision, Repeal and Declaration), Ordinance, 1955 (Sind
Ordinance V of 1955), s . 7, Schedule III, Part IV, it came into force with effect from 24 April 1947. Earlier the word and figures
“Chapter IX-Offences” were substituted for the word “Offences” by Bombay 8 of 1936, s. 2.
5Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 18.
6Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s.18.
(d) Disobedience of summons, requisition, or order .– any person wilfully or
without any reasonable excuse disobeys any summons, requisition or lawful
written order issued under the provisions of this Act
1
[or rules made
thereunder] or does not furnish any information lawfully required from him by
a person authorized to do so under the provisions of this Act
2
[or rules made
thereunder]
3
[; or]
4
[(e) Indulgence in fraudulent activities .– a member of a society indulges in
fraudulent or corrupt activities concerning the management or business of the
society, or indulges in any illegal or corrupt practices, as defined in the
5
[Punjab Local Governmen t Act, 2019 (XIII of 2019)], in the conduct of
elections of the managing committee of the society; or
(f) Performing acts without approval.– an officer, an employee of a society or
a member of the managing committee of the society performs any act without
prior approval of the Registrar or of the general body of the society where
such prior approval is required by law; or
(g) Making a false report or refusing to do an act .– an officer or a member of
the internal audit committee of a society refuses or negle cts to do an act
which he is required by law to do or makes a false report; or
(h) Violation of the master plan .– a member of the managing committee of a
cooperative housing society commits any violation or breach of an approved
master plan
6
[; or]]
7
[(i) Failure to provide information .– a member, employee, director, officer or
secretary of the society does not furnish information under clauses (viii), (ix),
(x) and (xi) of section 5, section 20 -A, 21 -A, or does not comply with
subsection (1) of section 49-A or section 34-A of this Act.]
8
[61. Penalty for offences not otherwise provided for .– (1) Every
9
[*] officer or member
of a society or other person guilty of an offence under this Act for which no penalty is
expressly provided in this Act shall be liable to a penalty not exceeding rupees one million.
10
[(1a) Every society guilty of an offence under this Act for which no penalty is
expressly provided shall be liable to a penalty not exceeding rupees ten million.]
(2) The Registrar or a person duly autho rized by him shall be empowered to
impose such penalty after affording an opportunity of hearing to the concerned.]
1Ibid.
2Ibid.
3Substituted for the full-stop by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette
(Extraordinary), dated July 1, 2006, pp. 3-10, s. 28(1).
4Inserted by the Act ibid., s.28(2).
5Substituted for the words “Punjab Local Government Ordinance, 2001 (XIII of 2001)” by the Co -operative Societies
(Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585 -588, s.
18.
6Substituted for the full stop by the Co -operative Societies (Second Amendment) Act 2020, published in the Punjab Gazette
(Extraordinary), dated September 10, 2020, pp. 1053-1056, s. 11.
7Added by the Co -operative Societies (Second Amendment) Act 2020, published in the Punjab Gazette (Extraordinary), dated
September 10, 2020, pp. 1053-1056, s. 11.
8Substituted by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020) , published in the Punjab Gazette
(Extraordinary), dated August 11, 2020, pp. 585-588, s. 19.
9Omitted the expression “society,” by the Co -operative Societies (Second Amendment) Act 2020, published in the Punjab
Gazette (Extraordinary), dated September 10, 2020, pp. 1053-1056, s. 12(a).
10Inserted by the Act ibid., s. 12(b).
1
[61-A. Penalty for offences under clause (i) of section 60 .– Any member, employee,
director, officer or secretary of the society found guil ty under clause (i) of section 60 shall be
punishable with imprisonment for a term which may extend to five years or with fine up to
rupees two million or with both, and if any society is found guilty under clause (i) of section
60, it shall be liable to a fine up to a maximum of one fourth of its working capital.]
62. Prohibition of the use of the word “co -operative”.– (1) No person other than a
registered society shall without the sanction of
2
[the
3
[Government]], trade or carry on
business under any name or title of which the word “co -operative” or its vernacular
equivalent forms part:
Provided that nothing in this section shall apply to the use by any person or his
successor in interest of any name or title under which he traded or carried on business at the
date on which this Act comes into operation.
(2) Whoever contravenes the provisions of this section shall be punishable with
fine which may extend to
4
[fifty thousand] rupees and in the case of a continuing offence with
further fine of
5
[five hundred] rupees for each day on which the offence is continued after
conviction therefor.
6
[62-A. Penalty.– (1) Whoever contravenes the provisions of sub section (3) of section 44 -C
or any direction given by the Registrar under section 44 -D shall be guilty of an offence
punishable with imprisonment of either description for a term which may extend to six
months or with fine or with both.
(2) Whoever contravenes an order passed under section 44 -E shall be guilty of
an offence which shall be punished with imprisonm ent for a term which may extend to three
years but which shall not be less than six months and shall also be liable to be punished with
fine].
7
[63. Cognizance of offences .– No Court shall take cognizance of any offence
punishable under this Act except on a complaint in writing made by the Registrar or by a
person duly authorised, for the purpose, by him:
Provided that cognizance of an offence under s ubsection (2) of section 62 -A may be
taken even otherwise than on such complaint.]
8
[CHAPTER X
Appeals and Revisions]
1
[64. Appeals.– An appeal against an order or decision of or sanctioned by the Registrar
under sections 10, 16, 44-F, 45, 47, 50, 50-A, 54 or subsection (3) of section 54-A and 61 may
1Ibid., s.13.
2Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the
Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
3Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
4Substituted for the word “fifty” by the Cooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab
Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 30.
5Substituted for the word “five” by the Act ibid.
6Added by the Cooperative Societies (Amendment) Act, 1992 (I of 1992), published in the Punjab Gazette (Extraordinary),
dated June 4, 1992, s. 7.
7Substituted by the Act ibid., s. 8.
8Substituted for the words “Appeals and Revision” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance,
1955 (Sind Ordinance V of 1955), s. 7, Schedule III; it came into force with effect from 24 April 1947.
be made by any party aggrieved or affec ted by the order or de cision to the Secretary
Cooperatives within two months of the date of the communication of the order:
provided that in case the Secretary Cooperative is not available or he refuses to hear
an appeal, the Chief Minister may assign such appeal to any other Secretary to the
Government for hearing and disposal.]
64-A. Power of
2
[
3
[Secretary Cooperatives]] and the Registrar to call for proceedings of
subordinate officers and to pass orders thereon.–
4
[The
5
[
6
[Secretary Cooperatives]]] and
the Registrar may cal l for and examine the record of any inquiry or the proceedings of any
officer subordinate to them for the purpose of satisfying themselves as to the legality or
propriety of any decision or order passed and as to the regularity of the proceedings of such
officer. If in any case, it shall appear to
7
[the
8
[
9
[Secretary Cooperatives]]] or the Registrar that
any decision or order or proceedings so called for should be modified, annulled or reversed,
10
[the
11
[
12
[Secretary Cooperatives]]] or the Registrar, as the case may be, may pass such order
thereon as to it or him may seem fit.
13
[64AA. Finality of orders of
14
[
15
[Secretary Cooperatives]].– An order passed in
appeal under section 64 or in revision under section 64 A by the
16
[
17
[Secretary Cooperatives]]
shall be fi nal and conclusive and shall not be liable to be called in question in any civil or
revenue court.]
18
[CHAPTER XI
1Substituted by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette
(Extraordinary), dated August 11, 2020, pp. 585-588, s. 20.
2Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
3Substituted for the word “Government” by the Act ibid., s. 21.
4Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the
Gazette of India (Extraordinary), dated 1 April 1937, pp. 75-344, Article 3 read with Schedule III.
5Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
6Substituted for the word “Government” by the Act ibid., s.21.
7Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the
Gazette of India (Extraordinary), dated 1 April 1937, pp. 75-344, Article 3 read with Schedule III.
8Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
9Substituted for the word “Government” by the Act ibid., s. 21.
10Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the
Gazette of India (Extraordinary), dated 1 April 1937, pp. 75-344, Article 3 read with Schedule III.
11Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
12Substituted for the word “Government” by the Act ibid., s. 21.
13Inserted by the Bombay Cooperative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 20.
14Substituted for the words “Provincial Government” by the Co -operative Societies (Amendme nt) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
15Substituted for the word “Government” by the Act ibid., s. 22.
16Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
17Substituted for the word “Government” by the Act ibid., s. 22.
18Substituted for the word “Miscellaneous” by the Si nd Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955
(Sind Ordinance V of 1955), s . 7, Schedule III, Part IV, it came into force with effect from 24 April 1947. Earlier the words and
figures “Chapter X-Appeals and Revision” were substituted for the words “Appeals and Revision” by Bombay 8 of 1936, s. 2.
Miscellaneous]
65. Recovery of sums due to Government.– (1) All sums due from a society or from an
officer or member or past member of a societ y as such to
1
[Government], may be recovered
according to the law and under the rules for the time being in force for the recovery of
arrears of land revenue.
(2) Sums due from a society to
2
[Government] and recoverable under sub-section
(1) may be recove red, firstly from the property of the society; secondly, in the case of a
society of which the liability of the members is limited, from the members or past members
subject to the limit of their liability; and, thirdly, in the case of other societies, from the
members or past members.
(3) The liability of past members shall in all cases by subject to the provisions of
section 28.
3
[65A. (1) A member of a society may execute an agreement in favour of the society
providing that his employer shall be competen t to deduct every month from the salary or
wages payable to him by the employer such amount , not exceeding the amount prescribed
by rules, as may be specified in the application and pay the amount so deducted to the
society in satisfaction of any debt or other demand owing by the member to the society.
(2) On the execution of such agreement the employer shall, if so required by the
society and so long as such debt or demand or any part of it remains unpaid, make the
deduction in accordance with the agreement and pay the amount so deducted to the society.
(3) The provisions of this section shall also apply to all such agreements of the
nature referred to in sub -section (1) as were in force on the date of the commencement of
the
4
[Sind] Co-operative Societies
5
[* * *] (Second Amendment) Act, 1940, but nothing herein
contained shall be deemed to authorise the deduction, under any such agreement, of any
amount in excess of that prescribed by the rules.
6
[(4) Nothing contained in this section shall apply to pers ons employed in mines of
nuclear fuels, mineral oils and natural gas.]]
7
[65-B. Officers of societies to be public servants .– Every officer of a society, including a
Co-operative bank, shall be deemed to be a public servant within the meaning of section 21
of the Pakistan Penal Code (Act XLV of 1860).]
1Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West
Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2 read with the Schedule, Part IV, it came into force on June 8,
1962. These were earlier substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order,
1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with the Schedule III
(Bombay Acts).
2Ibid.
3Inserted by the Bombay Co-operative Societies (Sind Second Amendment) Act, 1940 (Sind Act XXVII of 1940), published in
the Sind Government Gazette, dated February 13, 1940, s. 2.
4Substituted for the word “Bombay” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind
Ordinance V of 1955), s. 3(i), it came into force with effect from May 30, 1951.
5Omitted the word “Sind” by the Ordinance ibid., s. 3(ii)(b), it came into force with effect from May 30,1951.
6Substituted by the Sind Co -operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the
Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 13, for the original subsection (4) as amended
by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pakistan (Extraordinary), dated June 3,
1964, pp. 1805-1849, s. 2 read with the Schedule, Part IV, it came into force on June 8, 1962.
7Inserted by the Co -operative Societies (Second Amendment) Ordinance, 1966 (XVII of 1966), published in the Gazette of
West Pakistan (Extraordinary), dated April 27, 1966, pp. 1051-1053, s. 2.
66. Power to exempt societies from conditions as to registration .– Notwithstanding
anything contained in this Act,
1
[the
2
[Government]] may, by special order in each case and
subject to such conditions, if an y, as it may impose, exempt any society from any of the
requirements of this Act as to registration.
67. Powers to exempt societies from provisions of Act .–
3
[The
4
[Government]] may,
by general or special order to be published in the
5
[Official Gazette], exempt any society or
class of societies from any of the provisions of this Act, or may direct that such provisions
shall apply to such society or class of societies with such modifications as may be specified
in the order; provided that no order to the prejudice of any society shall be passed without an
opportunity being given to such society to represent its case.
68. Companies Act not to apply.– The provisions of the
6
[* * *] Companies Act of 1913
7
,
shall not apply to societies registered under this Act.
69. Branches, etc., of societies outside the Province .– Every co -operative society
registered outside
8
[Province of the Punjab] , which has or establishes a branch or place of
business in
9
[Province of the Punjab] shall within six months from the commencement of this
Act or from the establishment of such branch or place of business, file with the Registrar a
certified copy of the by -laws and amendments and, if these are not written in the English
language, a certified translation in English thereof, and shal l submit to the Registrar such
returns and information as are submitted by similar societies in
10
[Province of the Punjab] in
addition to those submitted to the Registrar of the province where it is registered.
70. Notice necessary in suits.– No suit shall be instituted against a society or any of its
officers in respect of any Act touching the business of the society until the expiration of two
months next after notice in writing has been delivered to the Registrar, or left at his office,
stating the cause of action, the name, description and place of residence of the plaintiff and
the relief which he claims; and the plaint shall contain a statement that such notice has been
so delivered or left.
1Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the
Gazette of India (Extraordinary), dated 1 April 1937, pp. 75-344, Article 3 and Schedule III.
2Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
3Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the
Gazette of India (Extraordinary), dated 1 April 1937, pp. 75-344, Article 3 and Schedule III.
4Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
5Substituted for the words “Bombay Government Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937,
published in the Gazette of India (Extraordinary), dated 1 April 1937, pp. 75-344, Ar ticle 4(1) read with Table of General
Adaptations.
6Omitted the word “Indian” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance
V of 1955), s. 4; it came into force with effect from May 30, 1951.
7VII of 1913.
8Substituted for the words “the Province of West Pakistan” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated Augu st 11, 2020, pp. 585-588, s. 2(b). Earlier substituted for the words
“Province of the Sind” by the Sind Co -operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965),
published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 14, for the words “Province of
Sind”. Earlier substituted for the words “Bombay Presidency” by the Sind Laws (Adaptation, Revision, Repeal and Declaration)
Ordinance, 1955 (Sind Ordinance V of 1955).
9Ibid.
10Ibid.
1
[70-A. Bar of Jurisdiction.– (1) Notwithstanding anything provided in any other law for the
time being in force, but save as expressly provided in this Act–
(a) no Court or other authority whatsoever shall have jurisdiction to entertain, or
to adjudicate upon, any matter which the
2
[
3
[Secretary Cooperatives]], the
Registrar or his nominee, any arbitrator or liquidator, a society, a financing
bank, a Co-operative bank or any other person is empowered by or under this
Act, or the rules or bye-laws framed thereunder, to dispose of or to determine;
(b) the validity of an ything done or an order passed by the
4
[
5
[Secretary
Cooperatives]], a society, a financing bank, a Co-operative bank, the Registrar
or any other person referred to in clause ( a), under this Act or the rules and
bye-laws framed thereunder, shall not be call ed in question in any manner
whatever before or by any Court or other authority whatsoever; and
(c) no Court or other authority whatsoever shall be competent to grant any
injunction or pass any other order in relation to any proceedings under this Act
or a ny rules or by e-laws framed thereunder before the
6
[
7
[Secretary
Cooperatives]], a society, a financing bank, a Co-operative bank, the Registrar
or any other person referred to in clause (a).
(2) The provisions of sub -section (1) shall be applicable to pro ceedings, appeals
and revisions pending adjudication or disposal before or in any Court or other authority
whatsoever on the date that the Co -operative Societies (Amendment) Ordinance, 1966,
comes into force, and any order passed in such proceedings, wheth er before or after the
coming into force of the said Ordinance, in regard to matters referred to in sub -section (1),
shall stand vacated and be without any force.]
8
[70-B. Assistance by law enforcement agencies .– All law enforcement agencies
including poli ce shall be bound to provide necessary assistance to Registrar or his
authorized officers to execute the orders passed under this Act.]
71. Rules.– (1)
9
[The
10
[Government]] may, for the whole or any part of the
11
[Province]
and for any society or class of societies, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power
such rules may–
1Inserted by the Co-operative Societies (Amendment) Ordinance, 1966 (XII of 1966), published in the Gazette of West Pakistan
(Extraordinary), dated April 4, 1966, pp. 751-752, s. 2.
2Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
3Substituted for the word “Government” by the Act ibid., s. 23.
4Substituted for the words “Provincial Government” by the Act ibid., s. 2(a).
5Substituted for the word “Government” by the Act ibid., s. 23.
6Substituted for the words “Provincial Government” by the Act ibid., s. 2(a).
7Substituted for the word “Government” by the Act ibid., s. 23.
8Inserted by the Co -operative Societies (Second Amendment) Act 2020 (XXII of 2020), published in the Punjab Gaze tte
(Extraordinary), dated September 10, 2020, pp. 1053-1056, s. 14.
9Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Ga zette
of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
10Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020), published in
the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
11Substituted for the word “Presidency” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind
Ordinance V of 1955), (with effect from 30th May, 1951).
(a) subject to the provisions of section 6, prescribe the maximum number of
shares or portion of the capital of a society which may be held by a member;
(b) prescribe the forms to be used and the conditions to be complied with in the
making of applications for the registration of a society and the procedure in
the matter of such applications;
(c) prescribe the matters in respect of which a society may or shall make by -laws
and 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;
(d) prescribe the condit ions to be complied with by persons applying for
admission or admitted as members and provide for the election and
admission of members and the payment to be made and the interests to be
acquired before the exercise of the right of membership;
(e) provide for ascertaining the value of a deceased member‟s share or interest;
(f) provide for general meetings of the members and for the procedure at such
meetings and the powers to be exercised by such meetings;
(g) provide for the appointment, suspension and rem oval of the members of the
committee and other officers 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;
1
[
2
[(ga)] provide, where all the members of th e committee have been suspended or
removed, for the appointment of a person to administer the affairs of the
society and for the powers to be exercised and the duties to be performed by
such person;]
(h) prescribe the accounts and the books to be kept by a society and provide for
the audit of such accounts, and the charges, if any, to be made for such audit,
and for the periodical publication of a balance sheet showing the assets and
liabilities of a society;
(i) prescribe the returns to be submitted by a society to the Registrar and provide
for the persons by whom and the form in which such returns shall be
submitted;
(j) provide for the persons by whom and the form in which copies of documents
or entries in books of societies may be certified, and for the charges to be
levied for the supply of such copies;
(k) 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;
(l) prescribe the payments to be made and the conditions to be complied with by
members applying for loans, and the period for which loans may be made,
and the amount which may be lent to an individual member;
3
[(m) prescribe the conditions, prohibitions and restrictions subject to which a
society may–
(i) transact business with persons who are not members; or
1Inserted the clause (gg) by the Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 21(i).
2Re-numbered the clause (gg) as clause (ga) by the Sind Laws (Adaptation, Revision, Repeal and Declaration ) Ordinance, 1955 (Sind
Ordinance V of 1955), s. 7, Schedule III, Part IV.
3Substituted by the Bombay Co-operative Societies (Sind Amendment) Act, 1947 (Sind Act XX of 1947), s. 10(1).
(ii) make loans against the security of movable property;]
(n) provide for the formation and maintenance of reserve funds, and the objects
to which such funds may be applied, and for the investme nt of any funds
under the control of a society;
(o) prescribe the extent to which a society may limit the number of its members;
(p) prescribe the conditions under which profits may be distributed to the
members of a society and the maximum rate of dividen d which may be paid
by societies;
(q) prescribe the procedure to be followed in presenting and disposing of
appeals;
(r) provide for securing that the share capital of any society shall be variable in
such a way as may be necessary to secure that shares shall not appreciate in
value and that necessary capital shall be available for the society as required;
(s) provide that persons qualified under the by -laws of a society shall not be
excluded from membership without due cause;
(t) prescribe the procedure to be followed by a liquidator appointed under section
47;
(u) prescribe the mode of appointing an arbitrator or arbitrators and the
procedure to be followed in proceedings before the Registrar or such
arbitrator or arbitrators and for fixing and levying the expenses of determining
the dispute;
(v) provide for the issue and service of processes and for proof of service
thereof;
(w) provide for the writing off of bad debts;
(x) regulate the manner in which funds may be raised by means of shares or
debentures
1
[, participation term certificates, term finance certificates,
musharika certificates, modaraba certificates, and such other instruments as
may be approved by the State Bank of Pakistan], or otherwise;
(y) provide for the withdrawal and expulsion of members and for the payments to
be made to them and for the liabilities of past members;
(z) provide for the nomination of a person to whom the interest of a deceased
member may be paid or transferred;
(aa) prescribe the cases in which an appeal shall lie from t he order of a liquidator
appointed under section 47;
(bb) provide for the inspection of documents in the Registrar‟s office and the levy
of fees for granting certified copies of the same;
(cc) prescribe the procedure to be followed for the custody of prope rty attached
under section 55;
2
[(cca) prescribe the manner in which an order under sub -section (3) o r sub-section
(4) of section 59E or a notice of demand shall be served or published;
1Inserted by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in the Punjab Gazette
(Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(10)(i).
2Clauses (cca), (ccb) and (ccc) were inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1947 (Sind Act XX
of 1947), s. 10(2).
(ccb) prescribe the particulars to be supplied to the Collector under sub-section (1)
of section 59F;
(ccc) prescribe the manner in which a notification of distraint should be published
under sub-section (2) of section 59F;]
(dd) provide for the payment of contributions at such rates and subject to such
conditions as may from time to time be prescribed by co-operative societies to
any provident fund which may be established for the benefit of officers and
servants employed by them;
1
[*]
(ee) prescribe the period and terms under which Government aid may be given to
co-operative societies and the terms under which
2
[the
3
[Government]] may
guarantee the payment of
4
[the principal of and] interest
5
[or return] on
6
[instruments referred to in clause (x) of this sub -section] issued by registered
societies;
7
[(ff) prescribing the m anner in which any property shall be delivered to, and the
terms and conditions subject to which such property shall be held by, a
society under section 59A
8
[;]
9
[(gg)] provide that the contravention of any rule or order issued thereunder shall be
punishable with fine not exceeding rupees
10
[five thousands]
11
[; and]
12
[(hh) prescribe the environmental standards and the standards for the use of land.]
(3)
13
[The
14
[Government]] may, subject to such conditions, if any, as it thinks fit,
delegate all or any of its powers to make rules under this section to any authority specified in
the order of delegation.
(4) The power to make rules conferred by this section is subject to the condition
of the rules being made after previous publication.
1
[(5) * * * * * * * * * ]
1Repealed the word “and” by the Sind Laws (Adaptation, Revision, Repeal and Declaration ) Ordinance, 1955 (Sind Ordinance V of
1955), s. 6, Schedule II.
2Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Ga zette
of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
3Substituted for the words “Provincial Government” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020), published in the
Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
4Inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1935 (Sind Act XXII of 1935), s. 5(1).
5Inserted by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in the Punjab Gazette
(Extraordinary), dated December 31, 1984, pp. 3023-3026, s. 2(10)(ii)(a).
6Substituted for the word “debentures” by the Ordinance ibid., s.2(10)(ii)(b).
7Clause (ff) was inserted by the Bombay Co-operative Societies (Sind Amendment) Act, 1935 (Sind Act XXII of 1935), s. 5(c).
8Substituted for full stop by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955),
s. 7, Schedule III, Part IV.
9Re-numbered clause (mm) as clause (gg) by the Sind Laws (Adaptation, Revision, Repeal and Decla ration) Ordinance, 1955 (Sind
Ordinance V of 1955), s. 7, Schedule III, Part IV. Earlier clause (mm) was inserted by the Bombay Co-operative Societies ( Sind
Amendment) Act, 1943 (Sind Act XVI of 1943), s. 21(ii).
10Substituted for the word “fifty” by the C ooperative Societies (Amendment) Act 2006 (VI of 2006), published in the Punjab Gazette
(Extraordinary), dated July 1, 2006, pp. 3-10, s. 31(1)(a).
11Substituted for the full-stop by the Act ibid., s.31(1)(b).
12Inserted by the Act ibid., s.31(2).
13Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette
of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule III (Bombay Acts).
14Substituted for the words “Provincial Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020), published in
the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(a).
2
[72. Repeal and Savings.– (1) The following enactments are hereby repealed:–
(a) the Co-operative Societies Act, 1912
3
; and
(b) the Bombay Co-operative Societies Act, 1925
4
, as applicable to the District of
Karachi.
(2) Every society now existing which has been registered under the Co-operative Societies
Act, 1904
5
, or under the Co-operative Societies Act, 1912
6
, shall be deemed to be registered
under this Act, and its by-laws shall, so far as the same are not inconsistent with the express
provisions of this Act, continue in force until altered or rescinded.
(3) All rules, regulations, notifications and orders made or issued under this Act and in
force at the time of the commencement of the Sind Co -operative Societies (West Pakistan
Amendment) Ordinance, 1965
7
, shall, so far as may be, extend and apply, until altered,
amended or rescinded by competent authority to the areas to which this Act has been
extended by the Sind Co -operative Societies (West Pakistan Amendment) Ordinance,
1965
8
].
9
[(4) The repeal of the Acts specified in sub -section (1), hereinafter referred to as
the repealed Acts, shall not–
(a) revive anything not in force or existing at the time at which the repeal takes
effect; or
(b) affect the previous operation of the repealed Acts or anythi ng duly done or
suffered thereunder; or
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred
under the repealed Acts; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence
committed against any repealed Act; or
(e) affect any investigation, legal proceeding 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 or forfeiture or
punishment may be imposed as if this Act had not been passed.
(5) Any person who immediately before the coming into force of the Sind Co -
operative Societies (West Pakistan Amendment) Ordinance, 1965, was appointed as, or was
exercising the powers of, a Registrar, Liquidator, Registrar‟s nominee or any other authority,
under any repealed Act, shall be deemed to have been so appointed under this Act, and
shall continue to exercise the po wers of the Registrar, Liquidator, Registrar‟s nominee, or
1Omitted s ub-section (5) by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 ( XVI of 1957), published in the
Gazette of West Pakistan (Extraordinary), dated July 25, pp. 709-789, s. 3(3) read with Schedule III (Sind Acts).
2Substituted for the original section 72 by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of
1965), published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 15.
3II of 1912.
4Bombay VII of 1925.
5X of 1904.
6II of 1912.
7W.P. Ord. VII of 1965.
8W.P. Ord. VII of 1965.
9Added by the Co-operative Societies (Second Amendment) Ordinance, 1966 (XVII of 1966), published in the Gazette of West
Pakistan (Extraordinary), dated April 27, 1966, pp. 1051-1053, s. 3, above added subsections came into force with effect from
April 30, 1965.
other corresponding authority, as the case may be, under this Act, until such appointment is
rescinded by the competent authority under this Act.]
1
[72A. Construction of references to Co -operative Societies Act, 1912, in
enactments.– All references to the Co -operative Societies Act, 1912
2
, occurring in any
enactment made by any authority in
3
[Pakistan] and for the time being in force in
4
[
5
[Province
of the Punjab] ] shall, in the application, to the
6
[said Province], of any such enactment, be
read and construed as references to this Act and anything done or any proceeding
commenced in pursuance of any such enactment on or after the date on which this Act shall
have come into operation shall be deemed to have been done or to have been commenced
and to have had effect as if the reference in such enactment to the Co -operative Societies
Act, 1912
7
, had been the reference to this Act, and no such thing or proceeding shall be
deemed to have been invalid on the ground that such enactment did not refer to this Act.]
8
[72B. * * * * * * * * * ]
9
[73. * * * * * * * * * ]
10
[* * * * * *]
1Inserted section 72-A by the Bombay Co-operative Societies (Amendment) Act, 1933 (Bombay Act VIII of 1933), s. 2.
2II of 1912.
3Substituted for the words “British India” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955,
(Sind Ordinance V of 1955), s. 3(ii)(b); it came into force with effect from 30 May 1951.
4Substituted for the word “Sind” by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965),
published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 2. It was earlier substituted for
the words “the Province of Sind” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West
Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2 read with the Schedule, Part IV, it came into force on June 8,
1962. The words “Province of Sind” were previously substituted for the word “Sind” by the Sind Laws (Adaptation, Revision,
Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955).
5Substituted for the words “the Province of West Pakistan” by the Co-operative Societies (Amendment) Act 2020 (XIX of 2020),
published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 2(b).
6Substituted for the words “said territories” ibid., s. 16. These were earlier substituted for the words “said Province” by the West
Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West Pa kistan (Extraordinary), dated June 3, 1964, pp.
1805-1849, s. 2 read with the Schedule, Part IV, it came into force on June 8, 1962. The words “said Province” were previously
substituted for “Presidency” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance
V of 1955).
7II of 1912.
8Repealed by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 6,
Schedule II.
9Ibid. Earlier it was inserted by the Bombay Co-operative Societies (Sind Amendment), 1935 (Sind Act No. XXII of 1935), s. 6.
10Repealed by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s .
6, Schedule II.This law in the library
Follow the instruments and provisions named in this source edition, and the laws that cite it. Citation links identify the text being referred to; legal effect and current force require separate examination.
Instruments cited by this law 10
Laws that cite this instrument 18
References to provisions in this text 101
Section 50A
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Registrar. 21. Copy of Act etc., to be open to inspection. 21-A. Updating of records of societies. 22. Audit. 22A. Power of Registrar to exercise powers under section 50A in the course of an audit. 22-B. Internal audit committee. CHAPTER V Privileges of societies 23. Societies to be bodies corporate. 24. Prior claim of society. 25. Charge and set-off in respect of shares or inter
Section 50A
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43. Inquiry by Registrar. 44. Inspection of books of indebted society. 44-A. Inspection of books and properties. 44B. Power of Registrar to exercise powers under section 50A in the course of an inquiry or inspection. 44-C. Power to remove officers. 44-D. Power of Registrar to give directions. 44-E. Special measures. 44-F. Grievance redressal. 45. Costs of inquiry. 46. Recovery of cost
Section 60
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Violation of the master plan. Failure to provide information. 61. Penalty for offences not otherwise provided for. 61-A. Penalty for offences under clause (i) of section 60. 62. Prohibition of the use of the word “co-operative”. 62-A. Penalty. 63. Cognizance of offences. CHAPTER X Appeals and Revisions 64. Appeals. 64-A. Power of Secretary Cooperatives and the Registrar to call for
Section 2
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the word “Bombay” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s. 3(i). 7Substituted for the original section 2 by the Sind Co -operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 4, as amended by the Sind Laws (Ad
Section 3(i)
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orce on 8 June 1962. 3Substituted for the word “Bombay” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), section 3(i); it came into force with effect from 30 May 1951. 4Added by the Sind Co -operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1
Section 20
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Act, 2010 (VII of 2010). 20-B. Provision of information by the Registrar.– The Registrar shall provide information to any officer or the authority mentioned under section 20 -A upon a request in writing, regarding the members and beneficial owners, officers/employees of the society, assets or shares held by the members in the society, their addresses, nominees of the members, properties and fin
Section 4A
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d., s. 7(b). 6Inserted by the Act ibid., s.8. (3) If a society fails to provide the information as required under subsection (2), the Registrar may proceed under section 4-A of this Act. (4) For the purposes of ensuring the requirements set out in subsections (1), (2) and (3), the Registrar shall exercise such responsibilities and powers as may be prescribed.] 22. Audit.– 1 [(1) The Regi
Section 50
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he society by the officer, agent, servant, or member in possession of such book, document, cash or securities. 3 [22A. Power of Registrar to e xercise powers under section 50 A in the course of an audit.– Where, in the course of an audit under section 22 it app ears to the Registrar that there exists any such ground as is specified in section 50A, he may, of his own motion or on the application
Section 22
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, document, cash or securities. 3 [22A. Power of Registrar to e xercise powers under section 50 A in the course of an audit.– Where, in the course of an audit under section 22 it app ears to the Registrar that there exists any such ground as is specified in section 50A, he may, of his own motion or on the application of the person authorised by him under section 22, exercise the powers specified
Section 50A
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50 A in the course of an audit.– Where, in the course of an audit under section 22 it app ears to the Registrar that there exists any such ground as is specified in section 50A, he may, of his own motion or on the application of the person authorised by him under section 22, exercise the powers specified in section 50A]. 4 [22-B. Internal audit committee.– (1) Every housing and producers‟ societ
Section 22
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the Registrar that there exists any such ground as is specified in section 50A, he may, of his own motion or on the application of the person authorised by him under section 22, exercise the powers specified in section 50A]. 4 [22-B. Internal audit committee.– (1) Every housing and producers‟ society, in addition to the audit of accounts under section 22, shall also get the accounts audited by a
Section 50A
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d as is specified in section 50A, he may, of his own motion or on the application of the person authorised by him under section 22, exercise the powers specified in section 50A]. 4 [22-B. Internal audit committee.– (1) Every housing and producers‟ society, in addition to the audit of accounts under section 22, shall also get the accounts audited by an internal audit committee comprising at least
Section 22
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se the powers specified in section 50A]. 4 [22-B. Internal audit committee.– (1) Every housing and producers‟ society, in addition to the audit of accounts under section 22, shall also get the accounts audited by an internal audit committee comprising at least three members of the society other than the members of its managing committee as may be appointed by the general body with their consent.
Section 34
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s rent, (a) any debt or outstanding demand owing to a society by any member or past member 3 [or, in the case of a society authorised under sub -section (1) of section 34 to make loans to non -members, by a non-member] shall be a first charge (i) upon crops or other agricultural produce raised in whole or in part with a loan taken from the society by 4 [such member, past member or non - m
Section 25
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ituted for the words “such member or past member.” by the Act ibid., s. 4(b). 5Ibid. 26. Shares or interest not liable to attachment .– Subject to the provisions of section 25, the share or interest of a member in the capital of a society or in any provident fund established under section 41 of this Act shall not be liable to attachment or sale under any decree or order of a Court of justice in res
Section 41
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le to attachment .– Subject to the provisions of section 25, the share or interest of a member in the capital of a society or in any provident fund established under section 41 of this Act shall not be liable to attachment or sale under any decree or order of a Court of justice in respect of any debt or liability incurred by such member, and 1 [neither the Official Assignee under the Insolvency
Section 25
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ominee, heir or legal representative shall distribute th e amount received by him among the heirs of the deceased.] (2) A society shall subject to the provisions of section 25 and unless prevented by an order of a competent court pay to such nominee, heir or legal representative, as the case may be, all other moneys due to the deceased member from the society. (3) All transfers and payments made
Section 17
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der of the Court or a Judge made for special cause. 32. Exemption from compulsory registration of instruments relating to shares 3 [etc] of society.– Nothing in section 17, sub -section (1), clauses (b) and (c), of the 4 [* * * * *] Registration Act, 1908 5 , shall apply to– (1) any instrument relating to shares in a society notwithstanding that the assets of the society consist in whole
Section 34
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6), published in the Punjab Gazette (Extraordinary), dated July 1, 2006, pp. 3-10, s. 17(a). 10Inserted by the Act ibid., s.17(b). members except as provided under section 34 or 35 shall be subject to such prohibitions and restrictions, if any, as 1 [the 2 [Government]] may by rules prescribe. 37. Investment of funds.– A society may invest or deposit its funds– (a) in the Government Saving
Section 37
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ty each year shall be carried to the reserve fund, and such reserve fund may be used in the business of the societ y or may be invested, subject to the provisions of section 37, as 6 [the 7 [Government]] may by general or special order direct, or may, with the previous sanction of 8 [the 9 [Government]] be used in part for some public purpose likely to promote the objects of this Act or
Section 38
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y to promote the objects of this Act or for some purposes of provincial or local interest. 40. Restriction on distribution of profits .– Subject to the provisions of section 38 the balance of the profits of a society after making the prescribed provisions for the reserve fund may, together with any available profits of past years be distributed among its members, and in the case of consumers‟ and
Section 37
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ts have been made to the reserve fund, provided that such provident fund shall not be used in the business of the society but shall be invested under the provisions of section 37; and provided further, that no part of such provident fund shall be cons idered as an asset of the society. 42. Contribution to charitable purpose.– With the approval of the 3 [Registrar] and after the payments prescribe
Section 39
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n asset of the society. 42. Contribution to charitable purpose.– With the approval of the 3 [Registrar] and after the payments prescribed by sub -section (2) of section 39 have been made to the reserve fund, any society may– (a) set aside a sum not exceeding 20 per cent of its net profits, and (b) utilize from time to time the whole of such sum in contributing to any public or co-operative
Section 50A
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with regard to the transactions and working of the society as the person making such inspection may require.]] 3 [44B. Power of Registrar to exercise powers under section 50A in the course of an inquiry or inspection .– Where, in the course of any inquiry under section 43 or an inspection under section 44 or section 44 A it appears to the Registrar that there exists any such ground as is specifi
Section 43
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require.]] 3 [44B. Power of Registrar to exercise powers under section 50A in the course of an inquiry or inspection .– Where, in the course of any inquiry under section 43 or an inspection under section 44 or section 44 A it appears to the Registrar that there exists any such ground as is specified in section 50A, he may, of his own motion or on the application of the person authorised by him
Section 44
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gistrar to exercise powers under section 50A in the course of an inquiry or inspection .– Where, in the course of any inquiry under section 43 or an inspection under section 44 or section 44 A it appears to the Registrar that there exists any such ground as is specified in section 50A, he may, of his own motion or on the application of the person authorised by him under section 43 or section 44 or s
Section 44
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rcise powers under section 50A in the course of an inquiry or inspection .– Where, in the course of any inquiry under section 43 or an inspection under section 44 or section 44 A it appears to the Registrar that there exists any such ground as is specified in section 50A, he may, of his own motion or on the application of the person authorised by him under section 43 or section 44 or sec tion 44A, e
Section 50A
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se of any inquiry under section 43 or an inspection under section 44 or section 44 A it appears to the Registrar that there exists any such ground as is specified in section 50A, he may, of his own motion or on the application of the person authorised by him under section 43 or section 44 or sec tion 44A, exercise the powers specified in section 50A]. 4 [44-C. Power to remove officers .– (1) An o
Section 43
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the Registrar that there exists any such ground as is specified in section 50A, he may, of his own motion or on the application of the person authorised by him under section 43 or section 44 or sec tion 44A, exercise the powers specified in section 50A]. 4 [44-C. Power to remove officers .– (1) An officer of a Society, by whatever name called may be removed by the Registrar, if, on an enquiry, h
Section 44
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that there exists any such ground as is specified in section 50A, he may, of his own motion or on the application of the person authorised by him under section 43 or section 44 or sec tion 44A, exercise the powers specified in section 50A]. 4 [44-C. Power to remove officers .– (1) An officer of a Society, by whatever name called may be removed by the Registrar, if, on an enquiry, he is satisfied
Section 50A
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50A, he may, of his own motion or on the application of the person authorised by him under section 43 or section 44 or sec tion 44A, exercise the powers specified in section 50A]. 4 [44-C. Power to remove officers .– (1) An officer of a Society, by whatever name called may be removed by the Registrar, if, on an enquiry, he is satisfied that the said officer– (i) acts in a manner prejudicial to
Section 50A
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ons for being an officer provided by the Act, rules or bye-laws; or (iii) has committed an act in respect of wh ich the Registrar is empowered to take action under section 50-A. 1Inserted by the Bombay Co-operative Societies ( Sind Amendment) Act, 1943 (Sind Act XVI of 1943), published in the Sind Government Gazette, dated April 15, 1943,
Section 54
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in force for more than one year.] 1 [44-F. Grievance redressal.– (1) A member or a society can approach the Registrar for redressal of grievances, not covered under section 54, by filing an application. (2) The Registrar may issue notice to the parties, and after providing an opportunity of hearing, redress the grievance through a written order. (3) Any party aggrieved by an order of the Regist
Section 64
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of hearing, redress the grievance through a written order. (3) Any party aggrieved by an order of the Registrar may file an appeal in the manner as provided under section 64 of this Act, before the Secretary Cooperatives within two months of the date of communication of the order.] 45. Costs of inquiry .– Where an inquiry is held under section 43 or an inspection is made under section 44 the R
Section 43
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of this Act, before the Secretary Cooperatives within two months of the date of communication of the order.] 45. Costs of inquiry .– Where an inquiry is held under section 43 or an inspection is made under section 44 the Registrar may apportion the costs, or such part of the costs, as he may think right, between the society, the members or creditors demanding the inquiry or inspection, the offi
Section 44
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ves within two months of the date of communication of the order.] 45. Costs of inquiry .– Where an inquiry is held under section 43 or an inspection is made under section 44 the Registrar may apportion the costs, or such part of the costs, as he may think right, between the society, the members or creditors demanding the inquiry or inspection, the officers or former officers, and the members or
Section 44
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former officers, and the members or past members of the society 2 [Costs may also be awarded by the Registrar to the financing bank in the case of inspection under section 44 A of the books of any society other tha n an Agricultural Credit Society the liability of which is unlimited]: Provided that– (a) no order of apportionment 3 [or award] of the costs shall be made under this section u
Section 45
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which no member is a registered society and the liability of which is unlimited.] collaborate 6 [46. Recovery of costs .– Any sum awarded by way of costs under section 45, may be recovered, on the application of the Registrar, by a Magistrate having jurisdiction in the place where the person from whom the money is claimable act ually and voluntarily resides, or carries on business, or by an
Section 43
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ion of such Magistrate or any such officer.] 1 [CHAPTER VIII Liquidation and Arbitration] 47. Winding up.– If the Registrar, after an inquiry has been held under section 43 or after an inspection has been made under section 44 2 [or section 44 -A] or on receipt of an application made by 3 [two third] of the members of a society present at a special general meeting, called for the purpo
Section 44
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ER VIII Liquidation and Arbitration] 47. Winding up.– If the Registrar, after an inquiry has been held under section 43 or after an inspection has been made under section 44 2 [or section 44 -A] or on receipt of an application made by 3 [two third] of the members of a society present at a special general meeting, called for the purpose or of his own motion, in the case of a society that h
Section 44
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and Arbitration] 47. Winding up.– If the Registrar, after an inquiry has been held under section 43 or after an inspection has been made under section 44 2 [or section 44 -A] or on receipt of an application made by 3 [two third] of the members of a society present at a special general meeting, called for the purpose or of his own motion, in the case of a society that has not commenced wo
Section 47
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affording it an opportunity of hearing.] 49. Effect of cancellation of registration .– When the affairs of a society for which a liquidator has been appointed under section 47 have been wound up, or, where no liquidator has been appointed, after two months from the date of an order under section 47, or after confirmation of such order in appeal, the Registrar shall make an order cancelling the re
Section 47
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ich a liquidator has been appointed under section 47 have been wound up, or, where no liquidator has been appointed, after two months from the date of an order under section 47, or after confirmation of such order in appeal, the Registrar shall make an order cancelling the registration of the society, and the society shall be deemed to be dissolved from the date of such order. 7 [49-A. Records
Section 47
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y shall dispose of its record after five years after the approval of the Registrar Cooperative Societies.] 50. Power of a liquidator .– A liquidator appointed under section 47 shall have power with the sanction of the Registrar to do all or any of the following things:– (a) pay any class or classes of creditors in full; (b) make any com promise or arrangement with creditors or persons claiming to
Section 59
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ers or persons; (e) to institute and defend suits and other legal proceedings on behalf of the society in the name of his office; (f) to issue requisitions under section 59 upon the Collector for the recovery as arrears of land revenue of any sum ordered by him to be recovered as dues from members, or as a contribution to the assets of the society or to the cost of liquidation; (g) to get d
Section 34
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ey or property of the society or has been guilty of misfeasance or breach of trust in relation to the society or, where the society is acting under subsection (4) of section 34 as agent of the financing bank, has made any payment contrary to the instructions of the financing bank, the Registrar may himself or on the recommendation of the liquidators, auditor, enquiry officer in case of violation of
Section 44D
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rary to the instructions of the financing bank, the Registrar may himself or on the recommendation of the liquidators, auditor, enquiry officer in case of violation of section 44-D or any of the creditor or contributory of such society, examine into the conduct of such person and make an order requiring him to repay or restore the money or prope rty or any part thereof respectively with interest at such
Section 52
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t advantage of all interests concerned, and when all the liabilities of the society are met, may dispose of the surplus assets of the society, if any, as provided in section 52. 54. Arbitration.– 7 [If any dispute touching the business of a society (other than a dispute regarding disciplinary action taken by the society or its committee against a paid servant of the society) arises– (a) betw
Section 34
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d by the Bombay Co-operative Societies (Sind Amendment) Act, 1947 (Sind Act XX of 1947), s. 8(a). 1 [(e) between a financing bank aut horised under sub-section (1) of section 34 and a person who is not a member of a society], 2 [or] 3 [(f) between two societies.] it shall be referred to the Registrar for decision by himself or his nominee, or if either of the parties so desires, to arbitra ti
Section 54
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. Registrar’s power to set aside the award and order the dispute to be referred back to arbitration .– 8 [(1) In the case of any award made by the arbitrators under section 54, the Registrar, if he is not one of such arbitrators, may of his own motion or on the application of any of the parties to the award, by an order in writing rec ording reasons therefor,– (a) modify or correct the award (i
Section 59
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bitration in the manner provided in the said section: Provided that no order referred to in clauses (a) to (c) shall be made after the issue of a certificate under section 59 for the execution of the award: Provided further that no order under clause (c) shall be mad e unless the Registrar is of opinion that– (i) an objection to the legality of the award is apparent on the face of it, or (ii)
Section 54
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the time so fixed, the Registrar or his nominee shall decide the dispute.] 55. Attachment before award .– Where a dispute has been referred to the Registrar under section 54 or to arbitration under clause (g) of section 50, the Registrar or his nominee or the arbitrators, as the case may be, if satisfied on inquiry or otherwise, that a party to such arbitration with intent to delay or obstruct th
Section 50
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shall decide the dispute.] 55. Attachment before award .– Where a dispute has been referred to the Registrar under section 54 or to arbitration under clause (g) of section 50, the Registrar or his nominee or the arbitrators, as the case may be, if satisfied on inquiry or otherwise, that a party to such arbitration with intent to delay or obstruct the execution of any award that may be made,– (a)
Section 54
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me effect as if made by a competent Civil Court. 56. Appeal against award of arbitrator .– Any party aggrieved by any decision of the Registrar‟s nominee made under section 54 3 [or sub-section (3) of section 54 -A] or an order passed under section 55 by the Registrar‟s nominee or arbitrators may within one month of the date of the award or order appeal to the Registrar and the Registrar shall d
Section 54
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il Court. 56. Appeal against award of arbitrator .– Any party aggrieved by any decision of the Registrar‟s nominee made under section 54 3 [or sub-section (3) of section 54 -A] or an order passed under section 55 by the Registrar‟s nominee or arbitrators may within one month of the date of the award or order appeal to the Registrar and the Registrar shall decide the appeal 4 [* * *]. 5
Section 55
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rbitrator .– Any party aggrieved by any decision of the Registrar‟s nominee made under section 54 3 [or sub-section (3) of section 54 -A] or an order passed under section 55 by the Registrar‟s nominee or arbitrators may within one month of the date of the award or order appeal to the Registrar and the Registrar shall decide the appeal 4 [* * *]. 5 [57. Finality of awards in certain order
Section 54
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hall decide the appeal 4 [* * *]. 5 [57. Finality of awards in certain orders.– The award of arbitrators or a decision by the Registrar or his nominee under section 54 or section 54A or an ord er passed in appeal by the Registrar under section 56 shall, subject to the provision of sections 64 and 64 -A, be final and conclusive and shall not be liable to be called in question in any civil o
Section 54A
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e appeal 4 [* * *]. 5 [57. Finality of awards in certain orders.– The award of arbitrators or a decision by the Registrar or his nominee under section 54 or section 54A or an ord er passed in appeal by the Registrar under section 56 shall, subject to the provision of sections 64 and 64 -A, be final and conclusive and shall not be liable to be called in question in any civil or revenue cou
Section 56
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orders.– The award of arbitrators or a decision by the Registrar or his nominee under section 54 or section 54A or an ord er passed in appeal by the Registrar under section 56 shall, subject to the provision of sections 64 and 64 -A, be final and conclusive and shall not be liable to be called in question in any civil or revenue court.] 58. Powers to enforce attendance .– Wherever in this Act i
Section 43
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Bombay Co-operative Societies (Sind Amendment) Act, 1943 (Sind Act XVI of 1943), s. 15. 5Substituted by the Act ibid., s. 16. this behalf shall hold an inquiry under section 43 or shall make an inspection under section 44 or shall wind up a socie ty or shall arbitrate, such Registrar, or person authorized, as the case may be, shall have the power to summon and enforce the attendance of witnesses i
Section 44
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) Act, 1943 (Sind Act XVI of 1943), s. 15. 5Substituted by the Act ibid., s. 16. this behalf shall hold an inquiry under section 43 or shall make an inspection under section 44 or shall wind up a socie ty or shall arbitrate, such Registrar, or person authorized, as the case may be, shall have the power to summon and enforce the attendance of witnesses including the parties interested or any of them
Section 50
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r as is provided in the case of a civil court by the Code of Civil Procedure, 1908 1 . 59. Money how recovered .– (1) 2 [Every order passed by a liquidator under section 50, or by the Registrar under section 50A, or by the Registrar or his nominee or arbitrators on disputes referred to him or them under clause (g) of section 50 or under section 54 or unde r sub-section (3) of section 54 A, eve
Section 50A
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court by the Code of Civil Procedure, 1908 1 . 59. Money how recovered .– (1) 2 [Every order passed by a liquidator under section 50, or by the Registrar under section 50A, or by the Registrar or his nominee or arbitrators on disputes referred to him or them under clause (g) of section 50 or under section 54 or unde r sub-section (3) of section 54 A, every order passed in appeal, under section
Section 50
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or under section 50, or by the Registrar under section 50A, or by the Registrar or his nominee or arbitrators on disputes referred to him or them under clause (g) of section 50 or under section 54 or unde r sub-section (3) of section 54 A, every order passed in appeal, under section 56, every order passed by the 3 [ 4 [Secretary Cooperatives]] in appeal against orders under sections 50, 50 A,
Section 54
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or by the Registrar under section 50A, or by the Registrar or his nominee or arbitrators on disputes referred to him or them under clause (g) of section 50 or under section 54 or unde r sub-section (3) of section 54 A, every order passed in appeal, under section 56, every order passed by the 3 [ 4 [Secretary Cooperatives]] in appeal against orders under sections 50, 50 A, 54 or sub-section
Section 54
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or by the Registrar or his nominee or arbitrators on disputes referred to him or them under clause (g) of section 50 or under section 54 or unde r sub-section (3) of section 54 A, every order passed in appeal, under section 56, every order passed by the 3 [ 4 [Secretary Cooperatives]] in appeal against orders under sections 50, 50 A, 54 or sub-section (3) of section 54 A and every order passed
Section 56
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on disputes referred to him or them under clause (g) of section 50 or under section 54 or unde r sub-section (3) of section 54 A, every order passed in appeal, under section 56, every order passed by the 3 [ 4 [Secretary Cooperatives]] in appeal against orders under sections 50, 50 A, 54 or sub-section (3) of section 54 A and every order passed under section 64 A shall, if not carried out,
Section 54
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appeal, under section 56, every order passed by the 3 [ 4 [Secretary Cooperatives]] in appeal against orders under sections 50, 50 A, 54 or sub-section (3) of section 54 A and every order passed under section 64 A shall, if not carried out, 5 [* * *]]: 6 [(a) on a certificate signed b y the Registrar or a liquidator, be deemed to be a decree of a civil court and shall be executed in the
Section 64
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passed by the 3 [ 4 [Secretary Cooperatives]] in appeal against orders under sections 50, 50 A, 54 or sub-section (3) of section 54 A and every order passed under section 64 A shall, if not carried out, 5 [* * *]]: 6 [(a) on a certificate signed b y the Registrar or a liquidator, be deemed to be a decree of a civil court and shall be executed in the same manner as a decree of such court;
Section 65
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tions 44-B and 45; or (c) damages assessed in sections 22-A and 50-A; or (d) penalty provided for in sections 61 and 62; or (e) sums due to 1 [Government] under section 65, together with the interest, 2 [or return], if any, due on such am ount or sum and the cost of process, by the attachment and sale or by the sale without attachment of property of the person against whom such decree, dec
Section 59
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Civil Procedure Code 1908 (Act V of 1908).] 6 [59A. Transfer of property which cannot be sold .– (1) When in execution of an order sought to be executed under section 59, any property cannot be sold for want of buyers, if such property is in the occupancy of the defaulter or of some p erson on his behalf or of some person claiming under a title created by the defaulter subsequently to the iss
Section 59
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cumbrance or charge on the property made or created after the issue of the certificate of the Registrar, Liquidator or Assistant Registrar, as the case may be, under section 59 shall be null and void as against the said society]. 1 [CHAPTER VIII-A Distraint] 59-B. Definitions.– In this Chapter, u nless there is anything repugnant in the subject or context– (a) “Collector” includes an offic
Section 59C
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this Chapter; (b) “defaulter” means a person (including his legal repre sentatives if he is dead) from whom any such debt or outstanding demand as is referred to in section 59C is recoverable; (c) words and expressions used herein and not hereinbefore defined shall have the meanings respectively assigned to them by the 3 [Sind] Land Revenue Code, 1879 4 5 [or any other law relating to lan
Section 34
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debt or outstanding demand is due to a society from any member or past member or is due to a society, which is authorised by the Registrar under sub -section (1) of section 34 to make loans to non-members, from any person who is not a member of a society, the society may, in addition to any other remedy to which it is entitled by law, present an a pplication to the Registrar requesting him to rec
Section 59
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edure, 1908, for the signing and verification of plaints. 59E. Procedure on receipt of application .– (1) A society shall at the time of making an application under section 59 C, file before the Registrar such documentary evidence, if any, as it may consider necessary for t he purpose of proving the statements made in the application. (2) The Registrar may, after taking such evidence as he think
Section 59
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ame property, the order of distraint shall prevail; but if the property is sold under the order of distraint the surplus proceeds of the sale sha ll not be paid under section 59 P to the owner of the property without the sanction of the court by which the order of attach ment or sale was made. 59T. Suit for compensation for wrongful distraint and appeals .– No appeal shall lie against an order ma
Section 5
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to provide information .– a member, employee, director, officer or secretary of the society does not furnish information under clauses (viii), (ix), (x) and (xi) of section 5, section 20 -A, 21 -A, or does not comply with subsection (1) of section 49-A or section 34-A of this Act.] 8 [61. Penalty for offences not otherwise provided for .– (1) Every 9 [*] officer or member of a society or oth
Section 20
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information .– a member, employee, director, officer or secretary of the society does not furnish information under clauses (viii), (ix), (x) and (xi) of section 5, section 20 -A, 21 -A, or does not comply with subsection (1) of section 49-A or section 34-A of this Act.] 8 [61. Penalty for offences not otherwise provided for .– (1) Every 9 [*] officer or member of a society or other person gu
Section 49A
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ry of the society does not furnish information under clauses (viii), (ix), (x) and (xi) of section 5, section 20 -A, 21 -A, or does not comply with subsection (1) of section 49-A or section 34-A of this Act.] 8 [61. Penalty for offences not otherwise provided for .– (1) Every 9 [*] officer or member of a society or other person guilty of an offence under this Act for which no penalty is expressl
Section 34A
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y does not furnish information under clauses (viii), (ix), (x) and (xi) of section 5, section 20 -A, 21 -A, or does not comply with subsection (1) of section 49-A or section 34-A of this Act.] 8 [61. Penalty for offences not otherwise provided for .– (1) Every 9 [*] officer or member of a society or other person guilty of an offence under this Act for which no penalty is expressly provided in th
Section 60
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Gazette (Extraordinary), dated September 10, 2020, pp. 1053-1056, s. 12(a). 10Inserted by the Act ibid., s. 12(b). 1 [61-A. Penalty for offences under clause (i) of section 60 .– Any member, employee, director, officer or secretary of the society found guil ty under clause (i) of section 60 shall be punishable with imprisonment for a term which may extend to five years or with fine up to rupees t
Section 60
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1 [61-A. Penalty for offences under clause (i) of section 60 .– Any member, employee, director, officer or secretary of the society found guil ty under clause (i) of section 60 shall be punishable with imprisonment for a term which may extend to five years or with fine up to rupees two million or with both, and if any society is found guilty under clause (i) of section 60, it shall be liable to a
Section 60
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with imprisonment for a term which may extend to five years or with fine up to rupees two million or with both, and if any society is found guilty under clause (i) of section 60, it shall be liable to a fine up to a maximum of one fourth of its working capital.] 62. Prohibition of the use of the word “co -operative”.– (1) No person other than a registered society shall without the sanction of 2 [t
Section 44
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ed] rupees for each day on which the offence is continued after conviction therefor. 6 [62-A. Penalty.– (1) Whoever contravenes the provisions of sub section (3) of section 44 -C or any direction given by the Registrar under section 44 -D shall be guilty of an offence punishable with imprisonment of either description for a term which may extend to six months or with fine or with both. (2) Who
Section 44
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r conviction therefor. 6 [62-A. Penalty.– (1) Whoever contravenes the provisions of sub section (3) of section 44 -C or any direction given by the Registrar under section 44 -D shall be guilty of an offence punishable with imprisonment of either description for a term which may extend to six months or with fine or with both. (2) Whoever contravenes an order passed under section 44 -E shall be
Section 44
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unishable with imprisonment of either description for a term which may extend to six months or with fine or with both. (2) Whoever contravenes an order passed under section 44 -E shall be guilty of an offence which shall be punished with imprisonm ent for a term which may extend to three years but which shall not be less than six months and shall also be liable to be punished with fine]. 7 [63
Section 62
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complaint in writing made by the Registrar or by a person duly authorised, for the purpose, by him: Provided that cognizance of an offence under s ubsection (2) of section 62 -A may be taken even otherwise than on such complaint.] 8 [CHAPTER X Appeals and Revisions] 1 [64. Appeals.– An appeal against an order or decision of or sanctioned by the Registrar under sections 10, 16, 44-F, 45, 47
Section 54A
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ns] 1 [64. Appeals.– An appeal against an order or decision of or sanctioned by the Registrar under sections 10, 16, 44-F, 45, 47, 50, 50-A, 54 or subsection (3) of section 54-A and 61 may 1Ibid., s.13. 2Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of I
Section 64
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pass such order thereon as to it or him may seem fit. 13 [64AA. Finality of orders of 14 [ 15 [Secretary Cooperatives]].– An order passed in appeal under section 64 or in revision under section 64 A by the 16 [ 17 [Secretary Cooperatives]] shall be fi nal and conclusive and shall not be liable to be called in question in any civil or revenue court.] 18 [CHAPTER XI
Section 64
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it or him may seem fit. 13 [64AA. Finality of orders of 14 [ 15 [Secretary Cooperatives]].– An order passed in appeal under section 64 or in revision under section 64 A by the 16 [ 17 [Secretary Cooperatives]] shall be fi nal and conclusive and shall not be liable to be called in question in any civil or revenue court.] 18 [CHAPTER XI
Section 28
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, thirdly, in the case of other societies, from the members or past members. (3) The liability of past members shall in all cases by subject to the provisions of section 28. 3 [65A. (1) A member of a society may execute an agreement in favour of the society providing that his employer shall be competen t to deduct every month from the salary or wages payable to him by the employer such amount
Section 6
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d Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), (with effect from 30th May, 1951). (a) subject to the provisions of section 6, prescribe the maximum number of shares or portion of the capital of a society which may be held by a member; (b) prescribe the forms to be used and the conditions to be complied with in the making of applications for the r
Section 47
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d under the by -laws of a society shall not be excluded from membership without due cause; (t) prescribe the procedure to be followed by a liquidator appointed under section 47; (u) prescribe the mode of appointing an arbitrator or arbitrators and the procedure to be followed in proceedings before the Registrar or such arbitrator or arbitrators and for fixing and levying the expenses of determini
Section 47
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the interest of a deceased member may be paid or transferred; (aa) prescribe the cases in which an appeal shall lie from t he order of a liquidator appointed under section 47; (bb) provide for the inspection of documents in the Registrar‟s office and the levy of fees for granting certified copies of the same; (cc) prescribe the procedure to be followed for the custody of prope rty attached und
Section 55
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ar‟s office and the levy of fees for granting certified copies of the same; (cc) prescribe the procedure to be followed for the custody of prope rty attached under section 55; 2 [(cca) prescribe the manner in which an order under sub -section (3) o r sub-section (4) of section 59E or a notice of demand shall be served or published;
Section 59E
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followed for the custody of prope rty attached under section 55; 2 [(cca) prescribe the manner in which an order under sub -section (3) o r sub-section (4) of section 59E or a notice of demand shall be served or published; 1Inserted by the Cooperative Societies (Punjab Amendment) Ordinance, 1984 (XL of 1984), published in the Punjab Ga
Section 59F
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ive Societies (Sind Amendment) Act, 1947 (Sind Act XX of 1947), s. 10(2). (ccb) prescribe the particulars to be supplied to the Collector under sub-section (1) of section 59F; (ccc) prescribe the manner in which a notification of distraint should be published under sub-section (2) of section 59F;] (dd) provide for the payment of contributions at such rates and subject to such conditions as ma
Section 59F
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the Collector under sub-section (1) of section 59F; (ccc) prescribe the manner in which a notification of distraint should be published under sub-section (2) of section 59F;] (dd) provide for the payment of contributions at such rates and subject to such conditions as may from time to time be prescribed by co-operative societies to any provident fund which may be established for the benefit of
Section 59A
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) prescribing the m anner in which any property shall be delivered to, and the terms and conditions subject to which such property shall be held by, a society under section 59A 8 [;] 9 [(gg)] provide that the contravention of any rule or order issued thereunder shall be punishable with fine not exceeding rupees 10 [five thousands] 11 [; and] 12 [(hh) prescribe the environmental standard
Section 72
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57), published in the Gazette of West Pakistan (Extraordinary), dated July 25, pp. 709-789, s. 3(3) read with Schedule III (Sind Acts). 2Substituted for the original section 72 by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), published in the Gazette of West Pakistan (Extraordinary) dated April 30, 1965, pp. 1987-1989, s. 15. 3II of 1912. 4Bombay VII of 1
Section 72A
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B. * * * * * * * * * ] 9 [73. * * * * * * * * * ] 10 [* * * * * *] 1Inserted section 72-A by the Bombay Co-operative Societies (Amendment) Act, 1933 (Bombay Act VIII of 1933), s. 2. 2II of 1912. 3Substituted for the words “British India” by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 19
Provisions explicitly cited in other instruments 3
Article 128 of Constitution of the Islamic Republic of Pakistan
Cited by CO-OPERATIVE SOCIETIES ACT, 1925
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l remain in force under the Provisional Constitution (Amendment) Order, 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan. 6Substituted for the word “Government” by the Co -operative Societies (Amendment) Act 2020 (XIX of 2020), published in the Punjab Gazette (Extraordinary), dated August 11, 2020, pp. 585-588, s. 9. 7Substituted for the word
Target heading · Constitution of the Islamic Republic of Pakistan
128. Power of Governor to promulgate Ordinances .__ (1) The Governor may, except when the Provincial Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an Ordinance as the circumstances may require. (2) An Ordinance promulgated un
Section 2 of Charitable Endowments Act, 1890
Cited by CO-OPERATIVE SOCIETIES ACT, 1925
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- Charitable Endowments Act, 1890 · Federal
- CHARITABLE ENDOWMENTS ACT 1890 · Punjab
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net profits, and (b) utilize from time to time the whole of such sum in contributing to any public or co-operative purpose, or to a charitable purpose as defined in section 2 of the Charitable Endowments Act, 1890 4 . 5 [CHAPTER VII Inspection of affairs] 43. Inquiry by Registrar .– (1) The Registrar may of his own motion by himself or by a person duly authorised by him in writing in this behalf hold an inquiry into the constitu
Section 2 of Charitable Endowments Act, 1890
Cited by CO-OPERATIVE SOCIETIES ACT, 1925
The named instrument matches multiple source editions; no edition is selected.
- Charitable Endowments Act, 1890 · Federal
- CHARITABLE ENDOWMENTS ACT 1890 · Punjab
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gistrar in whole or in part to any or all of the following:– (a) an object of public utility of local or communal interest, (b) a charitable purpose as defined in section 2 of the Charitable Endowments Act, 1890 1 . (c) the 2 [ 3 [* * *] Provincial Co -operative Institute], or may be placed on deposit with 4 [the Provincial Co-operative Bank] until such time as a new society with similar conditions is registered when with
Cited instruments not matched in this library 23
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- 992d01779b9b517dd36f68869beeae8cc4bd91068c8a88b17ddc1cd82ad7cdf4
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- a885aacd7001f60d3d03a3bb32a9aef73f40bc0f759e851477e8fbf1d4bd82c3
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- CO-OPERATIVE SOCIETIES ACT, 1925
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