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  "title": "PUNJAB LIVESTOCK ASSOCIATIONS AND LIVESTOCK ASSOCIATIONS UNION (REGISTRATION AND CONTROL) ORDINANCE, 1979",
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  "text": "THE PUNJAB LIVESTOCK ASSOCIATIONS AND \r\nLIVESTOCK ASSOCIATIONS UNION (REGISTRATION AND \r\nCONTROL) ORDINANCE, 1979 \r\n(V of 1979) \r\nCONTENTS \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nCHAPTER II \r\nREGISTRATION OF ASSOCIATIONS \r\n3. Registration of association \r\n4. Incorporation of association \r\n5. Certificate of Registration \r\n6. Amendment in the bye-laws of the association \r\nCHAPTER III \r\nRIGHTS AND LIABILITIES OF MEMBERS \r\n7. Membership \r\n8. Liability of members \r\n9. Right of vote \r\n10. Disqualification \r\nCHAPTER IV \r\nMANAGEMENT OF THE AFFAIRS OF ASSOCIATIONS \r\n11. Executive authority \r\n12. Maintenance of accounts \r\n13. Suspension and dissolution of committee \r\n14. Cancellation of registration \r\n15. Powers of registration authority \r\n \r\nCHAPTER V \r\nDISPUTES \r\n16. Disputes \r\nCHAPTER VI \r\nREGISTRATION OF UNIONS \r\n17. Registration of Unions \r\nCHAPTER VII \r\nRULES \r\n18. Rules \r\n19. Recovery as arrears of land revenue \r\nTEXT \r\n1\r\nTHE PUNJAB LIVESTOCK ASSOCIATIONS AND LIVESTOCK \r\nASSOCIATIONS UNION (REGISTRATION AND CONTROL) ORDINANCE, \r\n1979 \r\n(V of 1979) \r\n[25th April, 1979] \r\nAn \r\nOrdinance \r\nto provide for the registration and control of village livestock associations and village \r\nlivestock association’s unions. \r\nPreamble.– WHEREAS it is expedient to provide for the registration and control of \r\nlivestock associations and livestock association’s unions; \r\nNOW, THEREFORE,  in pursuance of the Proclamation of fifth day of July, \r\n1977, read with the Laws (Continuance in Force) Order, 1977 ( CMLA’s Order I of \r\n1977), the Governor of the Punjab is pleased to make and promulgate th e following \r\nOrdinance:– \r\nCHAPTER– I \r\nPRELIMINARY \r\n1. Short title, extent and commencement .– (1) This Ordinance may be called \r\nthe Punjab Livestock Associations and Livestock Associations Unions (Registration \r\nand Control) Ordinance, 1979. \r\n(2) It shall extend in the first instance, to the District of Sheikhupura but the \r\nGovernment may by notification in the official Gazette, extend it to any other part or \r\nthe whole of the Province of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this ordinance, unless the context otherwise requires:– \r\n(a) ‘association’ means a livestock association constituted and registered \r\nunder this Ordinance; \r\n(b) ‘Board’ means the Board established under the Punjab Livestock, Dairy \r\nand Poultry Development Board Act, 1974 (Act No. III of 1974); \r\n(c) ‘bye-laws’ means the bye-laws of an association or union; \r\n(d) ‘committee’ means the governing body of an association or a union to \r\nwhom the management of the affairs of an association or a union is \r\nentrusted by or under the bye-laws; \r\n(e) ‘Government’ means the Government of the Punjab; \r\n(f) ‘prescribed’ means prescribed by rule.–s made under this Ordinance; \r\n                                                           \r\n1This ordinance was promulgated by the Governor of the Punjab on 20 th April, 1979; and, published in the Punjab gazette \r\n(Extraordinary), dated 25th April, 1979, pages 572-A to 572-H \r\n(g) ‘union’ means a union of livestock associations constituted and \r\nregistered under this Ordinance; \r\n(h) ‘registration authority’ means the Managing Director of the Board or an \r\nofficer appointed by Government to exercise the powers of a \r\nregistration authority under this Ordinance. \r\nCHAPTER–II \r\nREGISTRATION OF ASSOCIATIONS \r\n3. Registration of association.– (1) Any fifty or more persons possessing such \r\nqualifications and fulfilling such conditions as laid down in the bye -laws intending to \r\nconstitute an association may, in the prescribed manner and on payment of \r\nprescribed fee, make an application to the registration authority for the regi stration of \r\nthe association. \r\n(2) The application for registration shall be signed by the Chairman of the \r\ngoverning body of the association and shall be accompanied by a copy of the \r\nproposed bye-laws and a list of the members of the association. \r\n(3) If the registration authority is satisfied that the association has complied \r\nwith the provisions of this Ordinance or the rules and that the bye -laws of the \r\nassociation are not repugnant to the provisions of this Ordinance or the rules, it may \r\nregister the association. \r\n(4) If the registration authority grants an application it shall issue, in the \r\nprescribed form, a certificate of registration of the association and a certified copy of \r\nits registered bye-laws. \r\n(5) The decision of registration authority granting or refusing to grant \r\nregistration shall be final and shall not be called in question in any court or before \r\nany authority. \r\n(6) The registration authority shall maintain a register containing such \r\nparticulars as may be prescribed, of all certificates of regist ration issued under this \r\nOrdinance. \r\n4. Incorporation of association .– The registration of an association shall \r\nrender it a body corporate in the name under which it is registered with perpetual \r\nsuccession and a common seal with power to hold property, ente r into contracts, \r\ninstitute and defend suits and other legal proceedings and to do all acts necessary \r\nfor the purposes of carrying out its functions. \r\n5. Certificate of R egistration.– A certificate of registration issued to an \r\nassociation under section 3 of  this Ordinance shall be conclusive evidence that the \r\nassociation is duly registered. \r\n6. Amendment in the bye -laws of the association .– (1) An association may, \r\nby a resolution passed by three fourth majority of the members present at a special \r\nmeeting held  for the purpose, propose an amendment in the bye -laws of the \r\nassociation and send it to the registration authority for approval. If the registration \r\nauthority is satisfied that the proposed amendment of bye -laws is not contrary to this \r\nOrdinance or the rules, it may register the amendment. \r\n(2) When registration authority registers the amendment, it shall issue to \r\nthe association a copy of the amendment certified by it. \r\n(3) No amendment of the bye-laws of an association shall be valid until it is \r\napproved and registered by the registration authority. \r\nCHAPTER III \r\nRIGHTS AND LIABILITIES OF MEMBERS \r\n7. Membership.– The persons who join in the formation of an association and \r\nthe persons who may subsequently be admitted to the membership of the \r\nassociation shall be the members of the association. \r\n8. Liability of Members.– The liability of a member shall be limited to the extent \r\nof the share he holds in the capital of the association. \r\n9. Right of vote .– Notwithstanding that a member has more than one share in \r\nthe capital of the association, he shall have only one vote. \r\n10. Disqualification.– (1) A member of an association shall not be entitled to be \r\nelected to or to vote at an election of its committee if he has taken a loan from the \r\nassociation, the Board, or, on th e recommendation of the Board or the association, \r\nfrom any bank or local authority or government agency and the loan has been \r\noutstanding for six months or more after it has become due and has not been repaid \r\nbefore the date immediately preceding the day of election. \r\nExplanation.– If the loan is repayable in installments, default in repayment of any \r\ninstalment as aforesaid, shall be deemed a disqualification. \r\n(2) A member shall not be entitled to receive any service, assistance or \r\nloan from the association or any bank through the association or the Board if he fails \r\nto maintain such livestock or supply such products thereof as are provided in the \r\nbye-laws. \r\nCHAPTER IV \r\nMANAGEMENT OF THE AFFAIRS OF ASSOCIATIONS \r\n11. Executive authority.– (1) The executive authority of an association shall vest \r\nin the general body. \r\n(2) For day to day administration of an association, members of the \r\nassociation shall elect a committee consisting of such members, for such term and in \r\nsuch manner as may be prescribed. \r\n12. Maintenance of accounts.– (1) Every association shall:– \r\n(a) maintain accounts in the prescribed form and have the same audited in \r\naccordance with its bye-laws; \r\n(b) submit its annual audit report and audited accounts to the registration \r\nauthority at such time and in such manner as may be prescribed; \r\n(c) pay all money received by it into separate accounts kept in its name at \r\nsuch bank or banks or post office as may be approved by the \r\nregistration authority; \r\n(d) furnish to the registration authority such particulars with  regard to the \r\naccounts and other record as the registration authority may, from time \r\nto time, require. \r\n(2) The registration authority or an officer authorised by it in this behalf \r\nmay, at all reasonable times, inspect the books of accounts and other recor d of an \r\nassociation, the securities cash and other properties held by the association and all \r\ndocuments relating thereto. \r\n13. Suspension and dissolution of committee .– (1) If  after making such \r\ninquiries as it may think fit, the registration authority is of  the opinion that the \r\ncommittee has committed any irregularity in respect of the funds of the association or \r\nis responsible for any mal -administration in the conduct of the affairs of the \r\nassociation or has failed to comply with the provisions of this Ordi nance or the rules \r\nor the bye-laws, it may, by an order in writing suspend the committee for such term, \r\nnot exceeding four months, as it may deem fit or dissolve the committee: \r\n2\r\n[Provided that no order under this subsection shall be passed without giving \r\nto the Committee an opportunity of being heard.] \r\n(2) Where a committee is suspended or dissolved under sub -section (1) \r\nthe registration authority shall appoint an Administrator or a care -taker body \r\nconsisting of such members as it may deem fit and in that e vent the Administrator or \r\nthe care-taker body shall have all the authority and powers of the committee. \r\n(3) Where the committee has been dissolved and an Administrator or a \r\ncare-taker body has been appointed, the registration authority shall, within 30 day s \r\nof the date of such appointment, arrange re-election of the committee. \r\n(4) Where the committee has been suspended and the registration \r\nauthority is of the opinion that the management of the affairs of the association has \r\nbeen properly secured, it shall r emove the Administrator or the care -taker body and \r\nhand over the management of the affairs of the association to the committee. If the \r\nregistration authority is of the opinion that the management of the affairs of the \r\nassociation has not been or is not lik ely to be secured properly during the period of \r\nsuspension of the committee, it shall dissolve the committee and arrange re -election \r\nof the committee as provided under sub-section (3) above. \r\n14. Cancellation of registration.– (1) The registration of an ass ociation shall not \r\nbe cancelled except as hereinafter provided. \r\n(2) Not less than three -fourths of the members of an association may in \r\nthe prescribed manner, apply to the registration authority for making an order for the \r\ncancellation of the registration of the association. \r\n(3) If the registration authority, after considering the application and \r\nmaking such enquiry as it may deem fit, is of the opinion that the registration of the \r\nassociation ought to be cancelled, it may order that the registration be cancelled. \r\n15. Powers of registration authority .– The registration authority while ordering \r\nthe cancellation of the registration of an association may:– \r\n                                                           \r\n2Added by the Punjab Livestock Associations and Livestock Associations union (Registration and control) (Amendment ) \r\nOrdinance, 1984 (XXI of 1984); and published in the Punjab Gazette (Extraordinary), dated 17.12.1984, s.2. \r\n(a) order any person, bank or body who holds any money, securities or \r\nother assets of the association, not  to part with such money, securities \r\nand assets without the previous permission, in writing, of the \r\nregistration authority; \r\n(b) appoint a person to wind up the affairs of the association with power to \r\ninstitute and defend suits and other legal proceedings on behalf of the \r\nassociation and to make such order and take such actions as may \r\nappear to him to be necessary for the purpose; \r\n(c) order any money, securities or assets, remaining after satisfaction of \r\nthe liabilities of the association to be paid to the members; and \r\n(d) order any article, vehicle, instrument or other property provided to the \r\nassociation by the Board or any other g overnment agency or \r\ndepartment to be handed over to such other association as may be \r\nspecified. \r\nCHAPTER V \r\nDISPUTES \r\n16. Disputes.– (1) If any dispute touching the business of an association arises \r\nbetween– \r\n(a) members or past members of an association or persons claiming \r\nthrough members or past members; \r\n(b) members or past members or persons so claiming and any past or \r\npresent officer, agent or servant of an association; \r\n(c) an association or its committee and any past or present member of the \r\nassociation or between association or its committee and any past or \r\npresent officer, agent or servant of the association or a surety or such \r\nofficer, agent or servant; whether such surety is or is not a member of \r\nthe association; \r\n(d) one association and another association; \r\n(e) an association and a union; \r\n(f) an association and the Board; \r\nit shall be referred to the registration authority for decision. \r\n (2) The registration authority may hear the dispute itself or nominate any \r\nother officer of the Board to decide the matter. \r\n(3) Any party aggrieved by the decision of the registration authority or his \r\nnominee, may, within thirty days of the date of the decision, prefer an appeal to the \r\nBoard. The decision of the registration authority or his nominee, subject to the result \r\nof the appeal, shall be final and shall not be called in question before any court or \r\nauthority: \r\n3\r\n[Provided that the appeal sha ll not be decided without giving the parties an \r\nopportunity of being heard.] \r\n                                                           \r\n3Added by the Punjab Livestock Associations and Livestock Associations union  (Registration and control) (Amendment ) \r\nOrdinance, 1984 (XXI of 1984); and published in the Punjab Gazette (Extraordinary), dated 17.12.1984, s.2. \r\n(4) The decision of the registration authority, so far as it relates to the \r\npayment of money or delivery of any property, shall be deemed to be a decree \r\npassed by a civil court an d, upon an application to the court, be executed by such \r\ncourt as if it was a decree passed by itself. \r\nCHAPTER VI \r\nREGISTRATION OF UNIONS \r\n17. Registration of U nions.– (1) Such member of associations as may be \r\nprescribed intending to constitute a union, may,  in the prescribed manner and on \r\npayment of prescribed fee, make an application to the registration authority for the \r\nregistration of a union. \r\n(2) The application for the registration of a union shall be signed by a duly \r\nauthorized person on behalf of every association intending to join the Union. \r\n(3) Subject to the provisions of sub -sections (1) and (2) above and such \r\nother rules as may be prescribed, the provisions of sections 3 to 16, shall apply in \r\nrelation to a union as if reference in those sections to an association is a reference to \r\na union. \r\nCHAPTER VII \r\nRULES \r\n18. Rules.– The Government may make rules for carrying into effect the \r\nprovisions of this Ordinance. \r\n19. Recovery as arrears of land revenue .– The Government may prescribe \r\nsuch loans and advance s as are granted to an association or a member by the \r\nBoard, to be recoverable as arrears of land revenue.",
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