COOPERATIVE SOCIETIES (REPAYMENT OF LOANS) ORDINANCE, 1960
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THE COOPERATIVE SOCIETIES (REPAYMENT OF LOANS) ORDINANCE, 1960 (XXXIV of 1960)
TEXT 1THE COOPERATIVE SOCIETIES (REPAYMENT OF LOANS) ORDINANCE, 1960 (XXXIV of 1960) [15 August 1960] An Ordinance to provide for the repayment of certain unsecured loans or loans insufficiently secured.
WHEREAS it is expedient to provide for the repayment of such loans taken from Cooperative Banks and other Cooperative Societies as have not been secured or are insufficiently secured;
NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:–
Section 1. Short title, extent and commencement
(1) This Ordinance may be called the Cooperative Societies (Repayment of Loans) Ordinance, 1960.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
Section 2. Definitions
In this Ordinance, unless there is anything repugnant in the subject or context–
(a) “Cooperative Bank” means a Cooperative Society established for carrying on banking business and having as its principal object the financing of other Cooperative Societies, and includes cooperative societies known as Banking Unions and Zamindari Banks;
(b) “Cooperative Society” means a society which, having as its object the promotion of the common interests of its members in accordance with cooperative principles or having been established with the object of facilitating the operation of such a society, is registered under the Cooperative Societies Act, 1912 (II of 1912), or under any other law for the time being in force relating to the registration of cooperative societies;
(c) “loan” means loan, whether of money or in kind, which has not been secured or is insufficiently secured and taken–
1This Ordinance was promulgated by the President of Pakistan on August 1, 1960, published in the Gazette of Pakistan (Extraordinary), dated August 15, 1960, pp. 1375-1378; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962). It has been adopted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of
1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 read with Schedule, Part I, Serial No. 25.
(i) from a cooperative society, not being a Cooperative Bank, by any person other than a member of such society, or
(ii) from a Cooperative Bank by any person, including any member thereof, but not a cooperative society, and includes any transaction which, in the opinion of the Registrar, is in substance a loan as aforesaid;
Explanation.– A loan is “insufficiently secured” if it is not secured by mortgage, pledge, hypothecation or assignment of such property of the borrower or of his surety or of both as, in the case of a loan not exceeding thirty thousand rupees, the cooperative society concerned, and, in the case of a loan exceeding thirty thousand rupees, the Registrar, may think adequate.
(d) “Registrar” means:–
(i) 1[ * * * * * * * * ]
(ii) 2[ * * * * * * * * ]
(iii) in relation to a cooperative society in 3[the Punjab], the Registrar of Cooperative Societies, 4[Punjab].
Section 3. Repayment of Loans, etc
Notwithstanding anything contained in any other law for the time being in force, or in any agreement or other instrument, every loan repayable on any day earlier than one year preceding the commencement of this Ordinance and every loan any installment whereof was payable as aforesaid and has not been so paid, shall unless repaid earlier, be repaid and secured in the following manner, that is to say–
(a) not less than twenty per cent of the loan repayable as aforesaid shall be paid within six months from the commencement of this Ordinance; and
(b) the balance of the loan after payment as aforesaid shall, within two months from the expiry of the period mentioned in clause (a), be secured by mortgage, pledge, hypothecation or assignment of such property of the borrower or of his surety or of both as, in the case of a loan not exceeding thirty thousand rupees, the cooperative society concerned, and, in the case of a loan exceeding thirty thousand rupees, the Registrar, may think adequate, and shall be repaid in such installments within a period not exceeding two years from the commencement of this Ordinance as the cooperative society or the Registrar, as the case may be, directs:
Provided that the Registrar may, if he considers necessary, in cases in which not less than fifty per cent of the loan has been repaid within the aforesaid period of two years, extend the period by a further period, and such further period shall not exceed six months.
1Deleted by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 read with Schedule, Part I, Serial No. 25.
2Ibid.
3Substituted for the words “West Pakistan” by the Order ibid.
4Ibid.
Section 4. Determination of liability to repay, etc
(1) Every cooperative society shall, within thirty days of the commencement of this Ordinance, or within such further period as the Registrar may, in special circumstances, allow, furnish to the Registrar full information in respect of all cases of loans required to be repaid or secured under section 3.
(2) On receipt of information under sub-section (1) in respect of any loan, the Registrar shall cause notice to be issued to the borrower requiring him to repay and secure the loan in accordance with the provisions of section 3.
(3) Where any borrower to whom notice under sub-section (2) is issued does not admit the loan, or any liability arising therefrom, he shall, within thirty days of the receipt of notice, or within such further period as the Registrar may, in special circumstances, allow, submit, either personally or by registered post (acknowledgment due), a written statement to that effect to the Registrar, who thereupon shall cause notice to be issued to the cooperative society concerned, and shall, after making such inquiry as he considers necessary, and giving the parties reasonable opportunity of being heard, decide the matter.
(4) The decision of the Registrar under sub-section (3) shall be final, and shall not be called in question in any court.
Section 5. Power of Registrar when making inquiry
The Registrar shall, for the purpose of making any inquiry under this Ordinance, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Act V of 1908), when trying a suit, in respect of the following matters, namely:–
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery or production of any document;
(c) requisitioning any public record from any court or office;
(d) issuing commissions for the examination of witnesses;
(e) appointing guardians or next friends of persons who are minors or of unsound mind;
(f) adding legal representatives of deceased borrowers or sureties;
(g) substituting the names of rightful parties;
(h) consolidation of cases; and
(i) any other matter which may be prescribed by rules made under section
6.
Section 6. Power to make Rules
The 1[Provincial Government] may, by notification in the official Gazette, make rules to carry out the purposes of this Ordinance.
Section 7. Penalty
Whoever contravenes any of the provisions of this Ordinance or the rules made thereunder shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
1Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964 (1 of 1964), published in the Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251am, Article 2(i) read with Schedule.
Section 8. Procedure
No court shall take cognizance of any case under this Ordinance except on a complaint in writing made by the Registrar.
Print contents from the source
CONTENTS 1. Short title, extent and commencement. 2. Definitions. 3. Repayment of Loans, etc. 4. Determination of liability to repay, etc. 5. Power of Registrar when making inquiry. 6. Power to make Rules. 7. Penalty. 8. Procedure.
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THE COOPERATIVE SOCIETIES (REPAYMENT OF LOANS)
ORDINANCE, 1960
(XXXIV of 1960)
CONTENTS
1. Short title, extent and commencement.
2. Definitions.
3. Repayment of Loans, etc.
4. Determination of liability to repay, etc.
5. Power of Registrar when making inquiry.
6. Power to make Rules.
7. Penalty.
8. Procedure.
TEXT
1
THE COOPERATIVE SOCIETIES (REPAYMENT OF LOANS) ORDINANCE,
1960
(XXXIV of 1960)
[15 August 1960]
An
Ordinance
to provide for the repayment of certain unsecured loans or loans insufficiently
secured.
WHEREAS it is expedient to provide for the repayment of such loans taken
from Cooperative Banks and other Cooperative Societies as have not been secured
or are insufficiently secured;
NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of
October, 1958, and in exercise of all powers enabling him in that behalf, the
President is pleased to make and promulgate the following Ordinance:–
1. Short title, extent and commencement .– (1) This Ordinance may be called
the Cooperative Societies (Repayment of Loans) Ordinance, 1960.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
2. Definitions.– In this Ordinance, unless there is anything repugnant in the
subject or context–
(a) “Cooperative Bank” means a Cooperative Socie ty established for
carrying on banking business and having as its principal object the
financing of other Cooperative Societies, and includes cooperative
societies known as Banking Unions and Zamindari Banks;
(b) “Cooperative Society” means a society which , having as its object the
promotion of the common interests of its members in accordance with
cooperative principles or having been established with the object of
facilitating the operation of such a society, is registered under the
Cooperative Societies Act, 1912 (II of 1912), or under any other law for
the time being in force relating to the registration of cooperative
societies;
(c) “loan” means loan, whether of money or in kind, which has not been
secured or is insufficiently secured and taken–
1This Ordinance was promulgated by the President of Pakistan on August 1, 1960 , published in the Gazette of Pakistan
(Extraordinary), dated August 15, 1960, pp. 1375-1378; saved and given permanent effect by Article 225 of the Constitution of
the Islamic Republic of Pakistan (1962). It has been adopted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of
1974) (w.e.f. 14.8.1973) , published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP,
Article 2 read with Schedule, Part I, Serial No. 25.
(i) from a cooperative society, not being a Cooperative Bank, by
any person other than a member of such society, or
(ii) from a Cooperative Bank by any person, including any member
thereof, but not a cooperative society, and includes any
transaction which, in the opinion of the Registrar, is in substance
a loan as aforesaid;
Explanation.– A loan is “insufficiently secured” if it is not secured by mortgage,
pledge, hypothecation or assignment of such property of the borrower or of his
surety or of both as, in the c ase of a loan not exceeding thirty thousand rupees, the
cooperative society concerned, and, in the case of a loan exceeding thirty thousand
rupees, the Registrar, may think adequate.
(d) “Registrar” means:–
(i)
1
[ * * * * * * * * ]
(ii)
2
[ * * * * * * * * ]
(iii) in relation to a cooperative society in
3
[the Punjab], the Registrar
of Cooperative Societies,
4
[Punjab].
3. Repayment of Loans, etc.– Notwithstanding anything contained in any other
law for the time being in force, or in any agreement or othe r instrument, every loan
repayable on any day earlier than one year preceding the commencement of this
Ordinance and every loan any installment whereof was payable as aforesaid and
has not been so paid, shall unless repaid earlier, be repaid and secured in the
following manner, that is to say–
(a) not less than twenty per cent of the loan repayable as aforesaid shall
be paid within six months from the commencement of this Ordinance;
and
(b) the balance of the loan after payment as aforesaid shall, within tw o
months from the expiry of the period mentioned in clause (a), be
secured by mortgage, pledge, hypothecation or assignment of such
property of the borrower or of his surety or of both as, in the case of a
loan not exceeding thirty thousand rupees, the coo perative society
concerned, and, in the case of a loan exceeding thirty thousand
rupees, the Registrar, may think adequate, and shall be repaid in such
installments within a period not exceeding two years from the
commencement of this Ordinance as the coop erative society or the
Registrar, as the case may be, directs:
Provided that the Registrar may, if he considers necessary, in cases in which
not less than fifty per cent of the loan has been repaid within the aforesaid period of
two years, extend the peri od by a further period, and such further period shall not
exceed six months.
1Deleted by the Punjab Laws ( Adaptation) Order, 1974 ( 1 of 1974) (w.e.f. 14.8.1973) , published in the Punjab Gazette
(Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 read with Schedule, Part I, Serial No. 25.
2Ibid.
3Substituted for the words “West Pakistan” by the Order ibid.
4Ibid.
4. Determination of liability to repay, etc.– (1) Every cooperative society shall,
within thirty days of the commencement of this Ordinance, or within such further
period as the Registrar may, in special circumstances, allow, furnish to the Registrar
full information in respect of all cases of loans required to be repaid or secured under
section 3.
(2) On receipt of information under sub -section (1) in respect of any loan,
the Registrar shall cause notice to be issued to the borrower requiring him to repay
and secure the loan in accordance with the provisions of section 3.
(3) Where any borrower to whom notice under sub -section (2) is issued
does not admit the loan, or any liabil ity arising therefrom, he shall, within thirty days
of the receipt of notice, or within such further period as the Registrar may, in special
circumstances, allow, submit, either personally or by registered post
(acknowledgment due), a written statement to that effect to the Registrar, who
thereupon shall cause notice to be issued to the cooperative society concerned, and
shall, after making such inquiry as he considers necessary, and giving the parties
reasonable opportunity of being heard, decide the matter.
(4) The decision of the Registrar under sub -section (3) shall be final, and
shall not be called in question in any court.
5. Power of Registrar when making inquiry .– The Registrar shall, for the
purpose of making any inquiry under this Ordinance, have the same powers as are
vested in a civil court under the Code of Civil Procedure, 1908 (Act V of 1908), when
trying a suit, in respect of the following matters, namely:–
(a) summoning and enforcing the attendance of any person and examining
him on oath;
(b) requiring the discovery or production of any document;
(c) requisitioning any public record from any court or office;
(d) issuing commissions for the examination of witnesses;
(e) appointing guardians or next friends of persons who are minors or of
unsound mind;
(f) adding legal representatives of deceased borrowers or sureties;
(g) substituting the names of rightful parties;
(h) consolidation of cases; and
(i) any other matter which may be prescribed by rules made under section
6.
6. Power to make Rules .– The
1
[Provincial Government] may, by notification in
the official Gazette, make rules to carry out the purposes of this Ordinance.
7. Penalty.– Whoever contravenes any of the provisions of this Ordinance or the
rules made thereunder shall be punishable w ith imprisonment for a term which may
extend to two years, or with fine, or with both.
1Substituted for the words “Central Government” by the Central Adaptation of Laws Order, 1964 (1 of 1964), published in the
Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251am, Article 2(i) read with Schedule.
8. Procedure.– No court shall take cognizance of any case under this
Ordinance except on a complaint in writing made by the Registrar.This law in the library
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Section 3
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the Registrar may, in special circumstances, allow, furnish to the Registrar full information in respect of all cases of loans required to be repaid or secured under section 3. (2) On receipt of information under sub -section (1) in respect of any loan, the Registrar shall cause notice to be issued to the borrower requiring him to repay and secure the loan in accordance with the provisions of s
Section 3
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in respect of any loan, the Registrar shall cause notice to be issued to the borrower requiring him to repay and secure the loan in accordance with the provisions of section 3. (3) Where any borrower to whom notice under sub -section (2) is issued does not admit the loan, or any liabil ity arising therefrom, he shall, within thirty days of the receipt of notice, or within such further period as
Section 6
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owers or sureties; (g) substituting the names of rightful parties; (h) consolidation of cases; and (i) any other matter which may be prescribed by rules made under section 6. 6. Power to make Rules .– The 1 [Provincial Government] may, by notification in the official Gazette, make rules to carry out the purposes of this Ordinance. 7. Penalty.– Whoever contravenes any of the provisions of thi
Provisions explicitly cited in other instruments 1
Article 225 of Constitution of the Islamic Republic of Pakistan
Cited by COOPERATIVE SOCIETIES (REPAYMENT OF LOANS) ORDINANCE, 1960
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esident of Pakistan on August 1, 1960 , published in the Gazette of Pakistan (Extraordinary), dated August 15, 1960, pp. 1375-1378; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962). It has been adopted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974) (w.e.f. 14.8.1973) , published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 read
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225. Election dispute. No election to a House or a Provincial Assembly shall be called in question except by an election petition presented to such tribunal and in such manner as may be determined by Act of 1[Majlis-e-Shoora (Parliament).]
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