PLEASE
NOTE THAT THIS ACT IS NOT CORRECTLY PROOFREAD WITH ORIGINALS.
SO KINDLY MAKE SURE THAT THEY MATCH WITH THE ORIGINALS. DEFECTS IF ANY
NOTICED MAY KINDLY BE BROUGHT INTO NOTICE BY WAY OF COMMENT SO THAT WE
MAY CORRECT THEM. SUFFICIENT FURTHER NOTES SHALL BE INSERTED IN DUE
COURSE.
THE KERALA CO-OPERATIVE SOCIETIES ACT, 1969 (Act 21 of 1969)
CHAPTER XIV
CO-OPERATIVE UNIONS
[9.88. Constitution
of Circle co-operative Union.- (1) The Government may, by notification in
the Gazette, constitute a Circle Co-operative Union for each circle in the
State with the following members, namely:-
(a)
seven members elected, in such manner as may be prescribed, by the members of
the committees of the affiliated societies within the circle from among
themselves;
(b)
one member elected by the Board of Directors of the District Co-operative Bank
having jurisdiction over the circle, from among themselves;
(c)
two members elected, in such manner as may be prescribed by the employees of
the affiliated Co-operative Societies within the circle, from among themselves;
(d)
one member elected by the women members of the committee of the affiliated
societies referred to in clause (a), from among themselves;
(e)
one member belonging to the Scheduled Castes or Scheduled Tribes elected by the
Scheduled Caste or Scheduled Tribe members of the committees of the affiliated
societies referred to in clause (a), from among themselves.
(f)
the Assistant Registrar of Co-operative Societies (Audit), having jurisdiction
over the circle , ex-officio;
(g)
the Assistant Registrar of Co-operative Societies (General), having jurisdiction
over the circle , ex-officio, who shall be the Secretary of the Circle
co-operative Union.
(2) Each Circle Co-operative Union shall elect one of the
members, other than an ex-officio member, to be its Chairman.
(3) The term of office of an elected member shall be [10.five years] from the date on which he enters upon office.
(4) The ex-officio members shall have all the powers of
an elected member.
(5) The affiliated and functioning societies alone shall have
the right to vote and contest in the election to the Circle co-operative Union.
Explanation.- For the purpose of
this sub-section a society which is carrying on activities in accordance with
its principal object shall be a functioning society.
88A. Appointment
of officer on default or negligence of members of a Circle Co-operative Union.-
If the Registrar is satisfied that the members of a Circle Co-operative Union
persistently make default or are negligent in the performance of the duties
imposed on them as per the provisions of this Act or the rules made thereunder
or commit any act which is prejudicial to the interest of that Circle
Co-operative Union or wilfully disobey or fail to comply with any lawful order
or direction, the Registrar may, after giving the member an opportunity to
state their objections, if any, by an order in writing, remove the members and
appoint an officer of the Co-operative Department not below the rank of an
Assistant Registrar to manage its affairs for a period not exceeding six months
as may be specified in the order, which period may, at the discretion of the
Registrar and for reasons to be recorded in writing, be extended from time to
time; so, however, that the aggregate period shall not, in any case, exceed one
year or till the said Circle Co-operative Union is reconstituted, whichever is
earlier.]
[16.88B. Appointment of officer on failure to
constitute the Circle Co-operative Union.—Where the term of office of the Circle Co-operative Union has
expired and a new union has not been constituted, or where the members of the
existing Circle Co-operative Union resigns enblock or where vacancies occur in
the Circle Co-operative Union either by resignation or otherwise and the number
of remaining members cannot constitute the quorum or where the Circle
Co-operative Union fails to hold its regular meeting consecutively for six
months or where the Registrar is satisfied,—
(i) that a new Circle Co-operative Union
cannot be constituted before the expiry of the term of office of the existing
Circle Co-operative Union ; or
(ii) on the date on which the term of office
of the existing Circle Co-operative Union expires ; or
(iii) a new Circle Co-operative Union is
prevented from entering upon office or the new Circle Co-operative Union fails
to enter upon office, the Registrar may appoint an officer to manage the
affairs of the Circle Cooperative Union, for a period of six months as may be
specified in the order, which period may at the discretion of the Registrar and
for reasons to be recorded in writing be extended from time to time, so,
however that the aggregate period shall not in any case exceed one year or till
the said Circle Cooperative Union is reconstituted, whichever is earlier.
88C. Removal of Chairman.—A committee shall remove from office the Chairman, or any other
officer of the committee, if a motion expressing want of confidence in any or
all of them is carried with the support of the majority of the members of such
committee in accordance with the procedure as may be prescribed.]
[9.89.
Establishment of State Co-operative Union.- (1) The
Government shall, by notification in the Gazette, establish a State
Co-operative Union.
(2) The State Co-operative Union shall consist of-
(a) a general body; and
(b) a managing committee
(3) Each of the Circle Co-operative Unions, Apex
Societies, District Co-operative banks and Central Societies other than the
District Co-operative banks shall elect a delegate in such manner as may be
prescribed, and all such delegates, the employees’ representatives, the
representative of the women members, the representative of the members
belonging to the Scheduled Castes Scheduled Tribes, the Ex-officio members and
the Government nominees and the managing committee of the State Co-operative Union
shall constitute the General Body of the State co-operative Union.
(4) The Managing Committee referred to in clause (b)
of sub-section (2) shall consist of the following members, namely:-
(a)
one member from each Revenue district in the State elected, in such manner as
may be prescribed, by the delegates of the Circle Co-operative Unions, of that
district from among themselves;
(b)
two members elected, in such manner as may be prescribed, by the delegates of
the Apex societies in the State, from among themselves;
(c)
one member elected, in such manner as may be prescribed, by the delegates of
the district Co-operative Banks, from among themselves;
(d)
one member elected, in such manner as may be prescribed by the members of the Circle
Co-operative Unions elected under clause (c) of sub-section (1) of section 88,
from among themselves;
(e)
one member elected, in such manner as may be prescribed, by the members of the Circle
Co-operative Union elected under clause (d) of sub-section (1) of section 88,
from among themselves;
(f)
one member elected, in such manner as may be prescribed, by the members of the Circle
Co-operative Unions elected under clause (e) of sub-section (1) of section 88,
from among themselves;
(g)
two members nominated by the Government;
(h)
the Secretary of the State Co-operative Union, ex-officio
(5) The managing committee shall elect one of its
members, other than the ex-officio member to be the chairman of the State
Co-operative Union.
(6) The term of office of the members of the general
body and of the managing committee of the State Co-operative Union shall be [10.five] years
from the date on which they enter upon office.
(7) The Registrar or any Officer, not below the rank
of Additional Registrar of Cooperative societies, nominated by him shall be the
Secretary of the State Co-operative Union.
(8) An ex-officio member and a nominated member
shall have all the powers of an elected member of the managing committee.]
[9.89A.
Appointment of officer or committee of default on negligence of the managing committee
of the State Co-operative Union.- If the Government are satisfied that the managing
committee of the State Co-operative Union persistently makes default or is negligent
in the performance of the duties imposed on it by the provision of this Act or the
rules made thereunder or commits any act which is prejudicial to the interest
of the State Co-operative Union or wilfully disobeys or fails to comply with
any lawful order or direction issued under this Act or the rules, the
Government may, after giving the managing committee an opportunity to state its
objections, if any, by order in writing, remove the members and appoint an
officer of the Co-operative Department not below the rank of an Additional Registrar
or a committee consisting of three members to mange its affairs for a period
not exceeding six months, as may be specified in the order, which period, at
the discretion of the Government and for reasons to be recorded in writing, be extended,
from time to time; so, however, that the aggregate period shall not, in any
case, exceed one year or till the State Co-operative Union is reconstituted,
whichever is earlier.]
[16.89B. Appointment of officers or committee on failure to
constitute the managing committee of the State Co-operative Union.—Where
the term of the managing committee of the State Co-operative Union has expired
and a new managing committee has not been constituted or where the members of
the existing managing committee resigns enblock or where vacancies occur in the
managing committee either by resignation or otherwise and the number of
remaining members cannot constitute the quorum or where the State Co-operative
Union fails to hold its regular meeting consecutively for six months or where
the Government are satisfied,—
(i) that a new managing committee cannot be
constituted before the expiry of the term of office of the existing managing
committee ; or
(ii) that on the date on which the term of the
existing managing committee expires ; or
(iii) that a new managing committee is
prevented from entering upon office or a new managing committee fails to enter
upon office, the Government may appoint an officer of the Co-operative
Department to manage the affairs of the State Co-operative Union, for a period
of six months as may be specified in the order, which period may at the
discretion of the Government and for reasons to be recorded in writing, be
extended from time to time, so however that the aggregate period shall not in
any case exceed one year or till the managing committee is reconstituted,
whichever is earlier.
89C. Removal of Chairman, Vice Chairman etc.—The
committee shall remove from office the Chairman, the Vice-chairman or any other
officer of the committee if a motion expressing want of confidence in any or
all of them is carried with the support of the majority of the members of such
committee in accordance with the procedure as may be prescribed.]
90.
Co-operative Societies to affiliate to State Co-operative Union.- (1) Every
cooperative society in the State shall, within a period of six months from the commencement
of this Act, or within a period of six months from the date of its registration,
whichever period expires later, get itself affiliated to the State Co-operative
Union.
(2) The affiliation under sub-section (1) shall be in force for a
period of one year from the date of affiliation and shall be renewed on the
expiry of that period.
(3) The fees payable by a co-operative society for affiliation to
the State Co-operative Union or for the renewal of such affiliation shall be
such as may be prescribed.
(4) If any co-operative society fails to affiliate to the State
Co-operative Union as required by sub-section (1) or to renew such affiliations
as required by sub-section (2), such society shall not be entitled to any of
the privileges conferred on a co-operative society [7.under chapter v of
this Act.]
91. Functions
of State Co-operative Union.- (1) The functions of the State Co-operative Union shall be-
(a)to organize,
assist and generally develop co-operative societies;
(b)to carry
on co-operative propaganda; and
(c)to spread
education on co-operative principles and practices.
[10.(d)
to participate in the developmental activities and decentralized planning of
the local authorities;
(e)
to organize training programmes for the employees of the societies and for the members
of the committee and to ensure their participation in such programmes.]
(2) The State Co-operative Union shall perform such other functions
as may be prescribed.
92. Assets,
liabilities, etc., of Regional Unions.- (1)
Notwithstanding anything contained in this Act or the bye-laws of the Cochin
Central Co-operative Institute Ltd., the Malabar Co-operative Institute Ltd.,
and the South Kerala Co-operative Union Ltd., all properties and all rights of
whatever kind used, enjoyed or possessed by and all interest of whatever kind
owned by or vested in or held by them and all liabilities legally subsisting
against them shall on and from the date of commencement of this Act and subject
to such directions as may be issued by the Registrar by general or special
order made in this behalf, pass to the Kerala State Co-operative Union Ltd.
(2) The duties performed and the functions discharged by the
aforesaid societies shall be performed and discharged by the Kerala State
Co-operative Union Ltd., and the employees of the said societies shall become
the employees of the Kerala State Cooperative Union Ltd.
(3) The management of the Kerala State Co-operative Union Ltd.,
shall, notwithstanding anything contrary in the bye-laws thereof, be vested in
a committee consisting of all the members of the Board of Directors of the
aforesaid societies including the Kerala State Co-operative Union Ltd.
93. Assts,
liabilities etc., of State Union.- On a date to be notified by the Government after the formation
of the State Co-operative Union under section 89, all properties and all rights
of whatever kind used, enjoyed or possessed by and all interests of whatever kind
owned by or vested in or held by and all liabilities legally subsisting against
the Kerala State Co-operative Union Ltd., shall subject to such directions as
may be issued by the Registrar, vest in the State Co-operative Union so formed
and all the employees of the Kerala Co-operative Union. Ltd. Shall become the
employees of the State Cooperative Union.
CHAPTER XV
OFFENCES AND PENALTIES
94.
Offences.- (1) No person other than a society shall trade or carry on
business under any name or title or which the word ‘co-operative’ or its
equivalent in any Indian language is part without the sanction of the
Government:
Provided that nothing in this section shall apply in any area to
the use by any person or his successor in interest of any name or title under
which he carried on business at the date on which the Co-operative Societies
Act, 1912 (Central Act 2 of 1912), the Cooperative Societies Act (Travancore
Act X of 1089) or the Cochin Co-operative Societies Act, XXVI of 1113, as the
case may be, came into operation in that area.
(2) Any person carrying on any trade or business in contravention
of sub-section (1) shall be punishable with fine which may extend to [10.two thousand rupees.].
(3) Any member or past member or the nominee, heir or legal
representative of a deceased member of a society who contravenes the provisions
of section 35 by disposing of any property in respect of which the society is
entitled to have a first charge under that section or does any other act to the
prejudice of such claim, shall be punishable with fine which may extend to [10.two thousand rupees.]
(4) The committee of a society or an officer or member thereof
wilfully making a false return or furnishing false information or failing to
produce cash balance on demand or failing to make the records available for
audit, inquiry or inspection, or any person wilfully or without any reasonable
excuse disobeying any summons, requisition or lawful written order issued under
the provisions of this act or wilfully not furnishing any information required
from him by a person authorised in this behalf under the provisions of this
Act, shall be punishable with fine which may extend to [10.five
thousand rupees.]
[16.(4A) Any officer or custodian, willfully fails to handover custody
of books, accounts, documents, records, cash, security and other property
belonging to a society of which he is an officer or custodian, to an authorized
officer such as Administrator, Administrative Committee, Liquidator, Auditor,
or to any person authorised in this behalf by the Registrar or by the Director
of Co-operative Audit, shall be punishable with imprisonment for a term which
may extend to one year or with fine which may extend to five thousand rupees or
with both.
(4B) Whoever, before, during or after the
election of members of the committee or of office bearer or of delegates
indulges in or adopt any corrupt practices mentioned hereunder shall be
punishable with imprisonment which may extend up to six months or with fine
which may extend up to one thousand rupees or with both,—
(a) fraudulently defaces or fraudulently destroys any nomination
paper; or
(b) fraudulently defaces, destroys or removes any list, notice
or other document affixed by or under the authority of the Co-operative Election
Commission or the Electoral Officer or the Returning Officer; or
(c) fraudulently defaces or fraudulently destroys any ballot
paper or the official mark or the ballot box or any identity card for election
relating to any society; or
(d) supplies any forged ballot paper or forged identity card; or
(e) fraudulently put any other matter other than ballot paper in
the ballot box which he is not authorised by law; or
(f) commits any criminal offence against the Electoral Officer
or the Returning officer or the Polling Personnel or other office bearers and
employees of a society; or
(g) offers any gift or promise with the intention to influence
members to vote in favour of him or to any other person; or
(h) compel any person to withdraw or not to withdraw from being
a candidate at an election to any society.]
(5) Any employer or officer who, without sufficient cause,-
(a)fails to
deduct any amount as required by sub-section (2) of section 37; or
(b)fails to
pay to a society the amount deducted by him under that sub-section within a period
of seven days from the date on which such deduction is made, shall be
punishable with fine which may extend to [10.five
thousand rupees.]
(6) If any person collecting the share money for a society in
formation does not deposit the same in the State Co-operative Bank, a Central
Co-operative Bank, a Postal Savings bank or in any other bank approved by the
Registrar within fourteen days of its receipt, he shall be punishable with fine
which may extend to [10.five thousand
rupees.]
(7) If any person collecting the share money for a society in
formation makes use of the funds so raised for conducting any trade or business
in the name of the society to be registered or otherwise, he shall be
punishable with fine which may extend to [10.five
thousand rupees.]
[14.(8) If any officer, employee, agent,
servant of a society or any other person dealing with the society
misappropriates or unauthorisedly or illegally keeps any money belonging to
that society, he shall be punishable with imprisonment for a term which may
extend to three years and with fine which may extend to twice the amount of
money involved in the offence.
(8A) If any person dishonestly or fraudulently makes
or executes or cause to make or execute, any false or improper document or
valuation certificate or project report or register or cause to register any
fictitious company or firm or society in order to support any application for
loan and thereby induces any society to deliver any loan to him or to any other
person which causes loss to the society, he shall be punishable with
imprisonment for a term which may extend to three years and with fine which may
extend to twice the amount of money involved in the offence.
(8B) If any officer, employee, member, agent or
servant of a society or any other person abets, connives or conspires the
commission of an offence punishable under sub-section (8A), he shall be
punishable with imprisonment for a term which may extend to three years and
with fine which may extend to twice the amount of money involved in the
offence.]
(9) The
provisions of this section shall be without prejudice to any action that may be
taken against the offenders under any other law for the time being in force.
[14.(10) The Vigilance Officer appointed
under section 68A shall have power of litigation and power to make complaints
before a court of law in respect of offences mentioned in sub-sections (2),
(3), (4), (5), (6) and (7) of this section subject to section 95.
(11) Amount of fine mentioned in sub-sections (4),
(5), (6), (7), (8), (8A) and (8B) of this section shall not be met from the
funds of the society.]
95. [14.Cognizance
of offences.—
(1) [16.The offences punishable under sub-sections
(4A), (4B), (8), (8A) and (8B) of section 94 shall be cognizable.]
(2) Where a sentence of fine is imposed under
sub-section (8), (8A) or (8B) of section 94, the court in fixing the amount of
the fine shall take into consideration the amount involved in the offence, the
amount or value of the property, if any, which the accused person has obtained
by committing the offence and the loss caused to the society.
(3) When a court imposes a sentence of which fine
forms a part, the court may, when passing judgment, order the whole or any part
of the fine recovered to be applied in the payment to the society as
compensation for any loss caused by the offence.
(4) No prosecution shall be instituted under
sub-sections (2), (3), (4), (5), (6) and (7) of section 94 without the previous
sanction of the Registrar.
95A.
Offences by Companies.—
(1) If the person committing any offence under this
Act is a company, the Company as well as every person in charge of and
responsible to the company for the conduct of its business at the time of the
commission of the offences shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section
shall render any such person liable to any punishment, if he proves that the
offence was committed without his knowledge or that he exercised all the
diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section
(1), where any offence under this Act has been committed by a company and it is
proved that the offence has been committed with the consent or connivance of,
or that the commission of the offence is attributed to any neglect on the 14
part of any Director, Manager, Secretary or other Officer of the Company, such
Director, Manager, Secretary or other Officer shall be deemed to be guilty of
that offence and shall be liable to be proceeded against and punished
accordingly.
Explanation:—For
the purpose of this section,—
(a)
`Company' means any body corporate and includes a firm or other
association of individuals or a society or a co-operative society;
(b)
`Director' in relation to firm, means partner in the firm.]
CHAPTER XVI
MISCELLANEOUS
96. Address
of a society.- Every society shall have an address registered in accordance with
the rules to which all notions and communications may be sent and shall send to
the Registrar notice of any change thereof within thirty days of the change.
97. Copy of
Act, rules and bye-laws to be open to inspection.- Every
society shall keep a copy of this Act, the rules and its bye-laws open to
inspection free of charge at all reasonable times at the registered address of
the society.
98. Tribunal,
Registrar, etc., to have certain powers of civil court.- (1) In
exercising the functions conferred on it or him by or under this Act, the
Tribunal, the Registrar, the Arbitrator or any other person deciding a dispute
and the liquidator of a society shall have all the powers of a civil court
while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of
1908) 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 and production of any document;
(c)
receiving evidence on affidavits; and
(d) issuing
commissions for examination of witnesses.
(2) In the case of any affidavit, any officer appointed by the
Tribunal, the Registrar, the Arbitrator or any other person deciding a dispute
or the liquidator, as the case may be, in this behalf may administer the oath
to the deponent.
[14.99.
Orders to be pronounced.—In cases where parties have been heard, the order,
decision or award made or given by the Registrar, the Tribunal, the
Co-operative Arbitration Court, the Arbitrator, the liquidator or any officer
or other person under this Act, shall be pronounced on the day on which the
case is finally heard or on some future day of which due notice shall be given
to the parties or the date shall be pronounced openly on the day of final
hearing.]
100. Bar of
jurisdiction of courts.- No civil or revenue court shall have any jurisdiction in respect
of any matter for which provision is made in this Act.
101. Power to
exempt societies.- The Government may, if they are satisfied that it is necessary
so to do in the public interest, by general or special order for reasons to be recorded,
exempt any society or any class of societies from any of the provisions of this
Act or direct that such provisions shall apply to such society or class of
societies subject to such modifications as may be specified in the order.
102. Register
of members.- Any register or list of members or shares kept by any society
shall be prima facie evidence of the following particulars entered therein:-
(a) the date on which the name of any person was entered in such
register or list as a member;
(b) the date on which any such person ceased to be a member.
103. Proof of
entries in society’s books.- (1) Notwithstanding anything contained in the Indian Evidence
Act a copy of any entry in a book of a society regularly kept in the course of
its business shall, if certified in such manner as may be prescribed, be
received in any suit or legal proceedings as prima facie evidence of
such entry and shall be admitted as evidence of the matters, transactions and
accounts therein recorded in the same manner and to the same extent as the
original entry itself is admissible.
(2) A society may grant copies of any documents obtained and kept
by it in the course of its business, or of any entries in such documents; and
any copy so granted shall, when certified in such manner as may be prescribed,
be admissible in evidence for any purpose in the same manner and to the same
extent as the original document, or the entries therein as the case may be.
(3) No officer of a society and no officer in whose office the
books a society are deposited after liquidation shall, in any legal proceedings
to of which the society or the liquidator is not a party, be compelled to
produce any of the society’s books or documents, the contents of which can be
proved under this section or to appear as a witness to prove the matters
,transactions and accounts therein recorded except under order of the court,
the Tribunal or the arbitrator made for special cause
104. Service
of notice.- Every notice or order issued or made under this Act may be served
on any person, by properly addressing it to the last known place of residence
or business of such person preparing and posting by registered post a letter
containing the notice or order and, unless the contrary is proved, such service
shall be deemed to have been effected at the time at which the letter would be
delivered in the ordinary course.
105. Acts of
societies not to be invalidated by certain defects.- No act of a
society or any committee or of any officer shall be deemed to be invalid by
reason only of the existence of any defect in the constitution of the society
or the committee or in the appointment or election of the officer or on the
ground that such officer was disqualified for his appointment:
Provided
that nothing in this section shall be deemed to apply to an act done by any society
or committee or officer in cases where such defect or disqualification was previously
declared by a competent authority.
106. Immunity
for acts done or purporting to be done in good faith.- No suit, prosecution
or other legal proceedings shall lie against any officer or the Government for anything
which is in good faith done or purporting to be done under the provisions of
this Act or the rules or the bye-laws.
107.
Companies Act 1956, not to apply.- The provisions of the Companies Act, 1956 (Central Act 1 of 1956),
shall not apply to any co-operative society.
108. Duties
of Police Officer.- (1) [14.It shall be the
duty of every police officer, as defined in the Kerala Police Act, 1960 (5 of
1961), to assist and protect the Registrar, the Director of Co-operative Audit,
and the Vigilance Officer appointed under this Act or any Officer subordinate
to them in exercising the powers, duties and function conferred on them under
the Act, if any such officer demands the assistance and protection of a police
officer as above.]
(2) Any Police Officer who omits or refuses to person any duty
imposed on him under sub-section (1) shall be deemed to have committed an
offence under clause (d) of section 41 of the Kerala Police Act, 1960 (5 of
1961).
109.
Power to make rules.- (1) The
Government may, for the whole or, any part of the State and for any class of
societies, after previous publication by notification in the Gazette, make
rules [5.either
prospectively or retrospectively] to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any or the following matters
namely:-
(i) the
applicant to whom the order refusing the registration of a society may be sent
by Registrar;
(ii) the
procedure and conditions for change in the form and extent of the liability of
a society;
(iii) the
matters in respect of which a society shall or may make bye-laws;
(iv) the
procedure to be followed for amendment of bye-laws by a society;
(v) the
qualifications or disqualifications of individuals who may be admitted as
members of societies;
(vi) the
payment to be made and the interests to be acquired before the exercise of the right
of membership;
(vii) the
appointment by a society of one of its members to represent and vote on its behalf
at a meeting of another society of which it is a member;
(viii) the
maximum number of shares or portion of the share capital of a society which may
be held by an individual member;
(ix) the
procedure for the nomination of a person to whom the share or interest of a member
on his death may be transferred or the value thereof may be paid;
(x) the mode
in which the value of a deceased member’s share shall be ascertained;
(xi) the
election of members of the committee by the general body of a society;
(xii) the
requisitioning of a general body meeting of a society;
(xiii) the
remuneration payable to a new committee or administrator administrators appointed
by the Registrar under section 32 or section 33;
(xiv) the
qualifications or disqualifications for membership of the committee of a
society;
(xv) the
qualifications of employees of societies;
(xvi) the
prohibition against officers of a society being interested in contracts with
the society;
(xvii) the
matters connected with the direct and indirect partnership of the Government in
societies;
(xviii) the
rate at which dividend maybe paid by societies;
(xix) the
constitution of the Co-operative Education Fund, the payment to be made to the fund
by a society out of its net profit and the mode of its investment;
(xx) the
mode of investment of funds of a society;
(xxi) the
objects of the reserve fund of a society and the mode of its investment;
(xxii) the
mode of disposal of the reserve fund of a society on its winding up;
(xxiii) the
extent to which and the conditions subject to which a society may receive deposits
and loans;
(xxiv) the
restrictions on transactions by a society with non members;
(xxv) the
restriction on grant of loans by a society against its shares;
(xxvi) the
form and standards of fluid resources to be maintained by societies accepting deposits
and granting cash credits;
(xxvii) the
procedure to be followed in proceedings before the Registrar, arbitrator or other
person deciding disputes;
(xxviii) the
conditions subject to which the assets of a society shall vest in a liquidator and
the procedure to be adopted in the winding up a society;
(xxix) the
procedure for the recovery of amounts due or payable to a society;
(xxx) the
mode of making attachment before judgment;
(xxxi) the
manner of registering the address of a society;
(xxxii) the
account books and registers to be kept by a society and power of the Registrar to
call for any returns or to direct the accounts and books to be written up;
(xxxiii) the
manner of certification of entries in the books of a society and of copies of documents
kept by it in the course of its business;
(xxxiv) the
statements and returns to be furnished by a society to the Registrar;
(xxxv) the
restrictions on persons appearing as legal practitioners;
(xxxvi) the
inspection of documents and the levy of fees for granting certified copies thereof;
(xxxvii) the
procedure to be followed in, and the fees for, audit and arbitration under this
Act; and
(xxxviii)
any other matter required or allowed by this Act to be prescribed.
(3) Every rule made under this section shall be laid as soon as
may be after it is made before the Legislative Assembly while it is in session
for a total period of fourteen days which may be comprised in one session or in
two successive sessions and if before the expiry of the session in which it is
so laid or the session immediately following, the Legislative Assembly agrees
that the rule should be either modified or annulled, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may be;
so however that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.
110. Repeal
and savings.- (1) The Madras Co-operative Societies Act, 1932 (VI of 1932), as in
force in the Malabar district referred to in sub-section (2) of section 5 of
the States Reorganisation Act, 1956 (Central Act 37 of 1956) and the
Travancore-Cochin Co-operative Societies Act, 1951 (X of 1952), are hereby
repealed.
(2) Notwithstanding the repeal of the Madras Co-operative
Societies Act, 1932 and the Travancore-Cochin Co-operative Societies Act, 1951
and without prejudice to the provisions of sections 4 and 23 of the
Interpretation and General Clauses Act, 1125 (VII of 1125),-
(i) all
appointments, rules and orders made, notifications and notices issued, and
suits and other proceedings instituted ,under any of the Acts hereby repealed
shall, so far as may be, be deemed to have been respectively made, issued and
instituted under this Act;
(ii) any
society existing in the State on the date of the commencement of this Act which
has been registered or deemed to be registered under any of the aforesaid
repealed Acts shall be deemed to be registered under this Act; and the bye-laws
of such society shall, so far as they are not inconsistant with the provisions
of this Act, continue in force until altered or rescinded.
[8.[16.THE SCHEDULE I]
[See section 80
(3A)]
1.The Kerala State Co-operative Bank
Ltd., Thiruvananthapuram.
2.The Kerala State Co-operative
Agricultural and Rural Development Bank Ltd., Thiruvananthapuram.
3.The Kerala State Federation of
Scheduled Castes/Scheduled Tribes Development Cooperatives, Thiruvananthapuram
4.The Kerala State Co-operative
Housing Federation Ltd., No. 4330, Ernakulam.
5.The Kerala Co-operative Milk
Marketing Federation Ltd., Thiruvananthapuram.
6.The Kerala State Co-operative
Marketing Federation Ltd., Ernakulam.
7.The Kerala State Co-operative
Rubber Marketing Federation Ltd., Ernakulam.
8.The Kerala Kera Karhska Sahakarana
Federation Ltd., No. 4370, (Kerafed), Thiruvananthapuram.
9.The Kerala State Co-operative
Federation for Fisheries Development Ltd., (Matsyafed), Thiruvananthapuram.
10.The Kerala State Co-operative
Consumers Federation Ltd., Ernakulam.
11.The Kerala State Cashew Workers
Apex Industrial Co-operative Society Ltd., [ IND (ST)] 12, Kollam.
12.The Kerala State Handloom
Weaver’s Co-operative Society Ltd. No. H232, Thiruvananthapuram.
13.The Kerala State Handicraft Apex
Co-operative Society Ltd., No. H 231, Ernakulam.
14.The Kerala State Co-operative
Coil Marketing Federation Ltd., Alapuzhza.
15.The Kerala State Co-operative
Textile Federation Ltd., IND MT (ST) I (TEXFED), Trichur.
16.The Thiruvananthapuram District
Co-operative Bank Ltd. No. 4312.
17.Kollam District Co-operative Bank
Ltd. No. 4311.
18.The Pathanamthitta District
Co-operative bank Ltd. No. 4365.
19.The Alapuzha District
Co-operative Bank Ltd No. 4310.
20.Kottayam District Co-operative
Bank Ltd. No. 4309.
21.Idukki District Co-operative Bank
Ltd. No. 4334.
22.Ernakulam District Co-operative
Bank Ltd. No. 4325.
23.Thrissur District Co-operative
Bank Ltd. No. 60.
24.Palakkad District Co-operative
Bank Ltd. No. P. 521.
25.Malappuram District Co-operative
Bank Ltd. No. 4329.
26.Kozhikode District Co-operative
Bank Ltd. No. F. 1635.
27.Waynad District Co-operative Bank
Ltd No. 4357.
28.Kannur District Co-operative Bank
Ltd. No. C.266.
29.Kasargod District Co-operative
Bank Ltd. No. 4367.]
[16.SCHEDULE II
[see clause (eccc) of section 2]
Co-operative Principles
1. Open and Voluntary membership
2. Democratic Member Control
3. Member Economic Participation
4. Autonomy and Independence
5. Education, Training and Information
6. Co-operation among Co-operatives
7. Concern for community
SCHEDULE III
[see sub-section (4) of section 69]
Description of Dispute or Suit
|
Period of limitation
|
Time from which period begins to
run
|
|
1
|
For money receivable
for money lent
|
Three years
|
when repayment period is over
|
2
|
For money lent under an agreement that it shall be payable on
demand
|
Three years
|
when loan is made
|
3
|
For money deposited under an agreement that it shall be
payable on demand, including money for a member or a customer in the hands of
society
|
Three years
|
when demand is made
|
4
|
For the price of Work done by the parties to the dispute,
where no time has been fixed for payment
|
Three years
|
when work is done
|
5
|
By a surety against the principal debtor
|
Three years
|
when the surety pays the creditor
|
6
|
By a surety against a co-surety
|
Three years
|
when the surety pays anything in excess of his own share
|
7
|
For the balance of money advanced in payment of goods to be
delivered
|
Three years
|
when goods ought to be delivered
|
8
|
For the price of goods, goods sold and delivered where no
fixed period of credit is agreed upon
|
Three years
|
The date of the delivery of the goods
|
9
|
For the price of goods, goods sold and delivered to be paid for after the expiry of a fixed
period of credit
|
Three years
|
When period of credit expires]
|
NOTES
* This Act came into force on
15.05.1969 by Notification No. 24314/C3/69 AD dated 12.05.1969 and was
published in Kerala Gazette Extraordinary No. 102 dated 11.04.1969.
The Bill was published in Kerala Gazette Extraordinary No. 94 dated 13.06.1967.
The report of the select committee was published in Kerala Gazette
Extraordinary No. 20 dated 22.01.1968.
1. Amended
by Act
38 of 1971. Act 38 of 1971 was published in Kerala Gazette Extraordinary No. dated w.e.f. 23.12.1971.
2. Amended by Act 8 of 1974.
Act 8 of 1974 was published
in Kerala Gazette Extraordinary No. dated w.e.f.. 13.03.1974.
3. Amended by Act 29 of
1986. . Act 29 of 1986 was published
in Kerala Gazette Extraordinary No. 1078 dated 28.11.1986 w.e.f. 25.02.1985. Amendments
to Sections Sections 2, 28A and 80 shall be deemed to have come into force on
the 25 th day of February, 1985, Amendments to sections 69 and 70 shall be
deemed to have come into force on the 15 th day of May, 1969, Amendments to sections
88 and 89 shall be deemed to have come into force on the 14 th day of February,
1986 and the remaining provisions of this Act shall come into force on
28.11.1986).
4. Amended by ACT 19 OF
1987. Act No. 19 of 1987 was published in Kerala Gazette
Extraordinary No. 711 dated 25.08.1987.
5. Amended by ACT 7 OF 1988. Act 7 of 1988 was published in Kerala Gazette Extraordinary No. 351 dated 21.04.1988 w.e.f.
15.02.1988.
6. Amended by ACT 5 OF 1992. Act 5 of 1992 was published in Kerala Gazette Extraordinary No. 17 dated 12.04.1992
w.e.f. 07.02.1992.
7. Amended by ACT 16 OF 1993. Act 16 of 1993 was published in Kerala Gazette
Extraordinary No. 38 dated 20.08.1993 w.e.f. 06.02.1993.
8. Amended by ACT 6 OF 1995. Act 6 of 1995 was published in Kerala Gazette Extraordinary No. 793 dated 05.08.1995.
8A. Amended by ACT 9 of 1997. Act 9 of 1997 was published in Kerala Gazette No. 42
dated 03.05.1997 w.e.f.
9. Amended by ACT 15 of
1997. Act No. 15 of 1997 was published
in Kerala Gazette Extraordinary No. 42 dated
29.12.1997 w.e.f. 03.06.1997.
10. Amended by Act 1 of
2000. Act 1 of 2000 was published
in Kerala Gazette Extraordinary No. 1 dated 01.01.2000 w.e.f. 01.01.2000 Sections 13,
16, 17, 18 and 21 of this Act shall come into force on such dates as the Government
may by notification in the Gazette appoint; and different dates may be appointed
for different provisions of this Act, and the other provisions of this Act shall
come into force at once i.e. w.e.f. 01.01.2000. Section 28B was
given effect from 07.03.2001 as per SRO 244/2001 published in Kerala Gazette
Extraordinary No. 46 dated 07.03.2001. Sections 57A and 57B came into force on
04.07.2000 and 02.01.2001 respectively. Sections 70, 70A and 70B were given
effect from 02.01.2003 by SRO 369/2003 published in Kerala Gazette
Extraordinary No. 48 dated 12.05.2003. Section 80B was given effect from
25.01.2001 as per SRO 89/2001 published in Kerala Gazette Extraordinary No. 46
dated 29.01.2001.
11. Amended by ACT 3 OF
2002. Act 3 of 2002 was published
in Kerala Gazette Extraordinary No. 47 dated 15.07.2002 w.e.f. 04.05.2002.
12. Amended by ACT 16 OF 2004. Act 16 of 2004 was published in Kerala Gazette
Extraordinary No. dated 23.06.2004 w.e.f. 23.06.2004.
13. Amended by ACT 9 OF 2009. Act 9 of 2009 was published in Kerala Gazette Extraordinary No. dated w.e.f. 11.12.2007.
14. Amended by ACT 7 OF 2010. Act 7 of 2010 was published in Kerala Gazette Notification
No. 14953/LegB2/09/Law dated 28.04.2010 w.e.f. 28.04.2010.
15. Amended by ACT 13 OF 2012. Act 13 of 2012 was published in Kerala Gazette Notification
No. 1318/LegH2/2012/Law dated 23.07.2012.
Amendments to Sections Sections 2(oc) and 2(qc) and 28(1D) to 28(1E) shall be
deemed to have come into force on 12.08.2011, Sections 2(ia), 18 and 28(1F) to
28(1I) and the special provisions in respect of the existing DCBs shall be
deemed to have come into force on 11.02.2012
16. Amended by ACT 8 OF 2013. Act 8 of 2013 was published in Kerala Gazette Notification
No. 816/LegH2/2013/Law dated 14.02.2013 w.e.f. 14.02.2013.
17. Amended by ACT 22 OF 2013. Act 22 of 2013 was published in Kerala Gazette Notification
No. 4576/LegH2/2013/Law dated 25.04.2013. Amendments
to Sections 56A, 80C, 80D and 80E shall be deemed to have come into force on 30.04.2011,
Sections 33, 63(3), 66 and 69A shall be deemed to have come into force on
28.04.2010, Section 63(13) shall be deemed to have come into force on
05.06.2007 and all other Amendments shall be deemed to have come into force on
25.04.2013.
