Gujarat co operative housing society act 1962

Name: Gujarat Co-operative Societies Act, 1961 (No. X of 1962 as amended up to the 1976-03-31). Country: India - Gujarat Subject(s): Cooperatives Type of legislation: Law, Act Adopted on: 1962-03-01 Entry into force: Published on: Gujarat Acts, 1962, No. X, pp. 483-553
ISN: IND-1962-L-40366 Link: https://www.ilo.org/dyn/natlex/natlex4.detail?p_isn=40366&p_lang=en Bibliography: Gujarat Acts, 1962, No. X, pp. 483-553
Abstract/Citation: Makes provisions for: registration, rights and liabilities of members, incorporation, duties and privileges of societies, state aid to societies, property and funds of societies, management of societies, audit and inquiry, settlement of disputes, liquidation, land development banks, offences and penalties, appeals and revision, and related matters. Amending text(s): Implementing text(s):

The Gujarat Co-Operative Societies Act, 1961

(Gujarat Act No. 10 of 1962)

Last Updated 16th May, 2019 [guj029]

Chapter I

Preliminary

(1) "auditor" means a certified auditor appointed either by the Registrar or by a society to audit the accounts of the society;

[(1A) "authorised person" means a person duly authorised by the Registrar to take action under the provisions of this Act;]

(2) "bye-laws" means bye-laws registered under this Act and for the time being in force, and include registered amendments of such bye-laws;

(3) "Central Bank" means a co-operative bank, the objects of which include the creation of funds to be loaned to other societies;

(4) "certified auditor" means a person who possesses the prescribed qualifications and is authorised by the Registrar as an auditor under Section 84;

(5) "committee" means the Managing Committee or other governing body of a society to which the direction and control of the management of the affairs of a society is entrusted to;]

(6) "company" means a company as defined in the Companies Act, 1956 (1 of 1956), and includes a Banking Company and also any board, corporation or other corporate body, constituted or established by any Central, State or Provincial Act for the purpose of the development of any industry;

(7) "co-operative bank? means a society registered under this Act and doing the business of banking, as defined in clause (b) of sub-section (1) of Section 5 of the Banking Companies Act, 1949 (X of 1949);

[(7-A) "co-operative credit structure" means

(i) the Primary Agricultural Credit Co-operative Societies; (ii) the Central Co-operative Banks; and

(ii) the State Co-operative Bank;]

(8) "dividend" means the amount paid, out of the profits of a society, to a member in proportion to the shares held by him;

(9) "federal society" means society, not less than five members of which are themselves societies;

(10) "firm" means a firm registered under the Indian Partnership Act, 1932 (IX of 1932);

(11) "Land Revenue Code" means the Bombay Land Revenue Code, 1879 (V of 1879) as in force in the Bombay and Saurashtra areas of the State of Gujarat or as the case may be, that Code as in force in the Kutch area of the State of Gujarat;

(12) "Liquidator" means a person appointed as a liquidator under this Act;

(13) "member" means a person joining in an application for the registration of a co-operative society which is subsequently registered, or a person, duly admitted to membership of a society after registration, and includes a nominal, associate or sympathizer member;

[(13-A) "National Bank" means the National Bank for Agriculture and Rural Development established under Section 3 of the National Bank for Agriculture and Rural Development Act, 1981";]

(14) "officer" means a person elected or appointed by a society to any office of such society according to its bye- laws; and includes a chairman, vice-chairman, president, vice- president, managing director, manager, secretary, treasurer, member of the committee, and any other person elected or appointed under this Act, the rules or the bye-laws, to give directions in regard to the business of such society;

(15) "prescribed" means prescribed by rules;

(16) "rebate" means any payment made in cash or kind, out of the profits of a society, to a member or any other person, on the basis of his contribution to the business of the society;

(17) "Registrar" means a person appointed to be the Registrar of Co-operative Societies under this Act; and includes to the extent of the powers of the Registrar conferred on any other person under this Act, such person and includes an Additional or Joint Registrar;

(18) "rules" means rules made under this Act;

(19) "society" means a co-operative society registered, or deemed to be registered, under this Act;

(20) "society with limited liability" means a society having the liability of its members limited by its bye- laws;

(21) "society with unlimited liability" means a society, the members of which are, in the event of its being wound up, jointly and severally liable for and in respect of its obligations and to contribute to any deficiency in the assets of the society;

(22) "the state co-operative council" means the council constituted under Section 156 of this Act;

(23) "Tribunal" means the Gujarat State Co-operative Tribunal constituted under this Act;

(24) "working capital" means funds at the disposal of a society inclusive of paid up share capital, funds built out of profits, and money raised by borrowing and by other means.

Chapter II

Registrar and Registration

(a) in the case of a society other than a federal society, by at least ten persons (each of such persons being a member of a. different family) who are qualified under this Act, and

(b) in the case of a federal society, by atleast five societies.

(a) if the Registrar is satisfied that the society has complied with the provisions of this Act and the rules as to registration and that its bye-laws are not contrary to this Act and the rules, he shall register the society and its bye-laws; and

(b) if the Registrar is of opinion that the application complies with the requirements of Section 8 but that its bye-laws are not in conformity with the provisions of this Act and the rules, he may provisionally register the society and by an order in writing permit the society to perform such functions subject to such conditions as he may specify in the order and may also by an order in writing direct the society to amend within the period prescribed in this behalf its bye-laws so as to bring them in conformity with this Act and the rules.

(a) all members and creditors have assented, or deemed to have assented thereto as aforesaid; or

(b) all claims of members and creditors exercising the option, under subsection (2) have been met in full.

(a) to amalgamate with another society;

[(aa) to amalgamate with another society registered under the Multi-State Co-operative Societies Act, 2002 (39 of 2002);]

(b) to transfer its assets and liabilities, in whole or in part, to any other society;

(c) to divide itself into two or more societies;

(d) to convert itself into another class of society; or

(e) to change its objects.

(i) the society, after passing such resolution, has given notice thereof in writing to all its members, creditors and other persons whose interests are likely to be affected (hereinafter, in this section referred to as `other interested persons"), giving them the option, to be exercised within one month from the date of the receipt of such notice, of becoming members of any of the new societies, or continuing their membership in the amalgamated or converted society, or of withdrawing their investments in its shares, their deposits and loans and demanding payment of their other dues, if any,

(ii) all the members and creditors and other interested persons, have assented to the decision, or are deemed to have assented thereto by having failed to exercise the option within the period specified in clause (i), and

(iii) all claims of members and creditors and other interested persons, who exercise the option within the period specified, have been met in full.

(a) a copy of the draft of the proposed order has been sent to the society or each of the societies concerned;

(b) the Registrar has considered suggestions and objections if any received either from the society or from any member or class of members thereof or from any creditor or class of creditors within such period (not being less than one month from the date on which the copy of the order as aforesaid was received by the society) as the Registrar may fix in that behalf, and has, if necessary, modified the same in the light of such suggestions and objections.

(b) the provisions of sub-sections (3) and (4) of Section 17 and the provisions of Section 18 shall apply in relation to the amalgamation or re-organisation of the societies under this section as if-

(i) the order of amalgamation were a resolution of societies concerned with amalgamation, and

(ii) the original society was re-organised under Section 17.]

(a) between a society and its creditors, or

(b) between a society and its members the Registrar may, on the application of the society or of any member or of any creditor of the society, or in the case of a society which is being wound up, of the liquidator, order reconstruction in the prescribed manner, of the society.

Chapter III

Members and Their Rights and Liabilities

(a) an individual, who is competent to contract under the Indian Contract Act, 1872 (IX of 1872);

(b) a firm, company, [or any other body corporate constituted under any law for the time being the force] or a society registered under the Societies Registration Act, 1860 (XXI of 1860);

(c) a society registered, or deemed to be registered, under this Act;

(d) the State Government;

[(e) a local authority;

(f) a public trust registered or deemed to have been registered under Bombay Public Trusts Act, 1850; (Bombay XXIX of 1950)]:

[(g) a group of the individuals eligible under clause (a), whether incorporated or not and whether established or not by or under any law :]

(i) to attend atleast two meetings of the general body within a consecutive period of five years;

(ii) to utilize minimum level of services as prescribed in the bye-laws :

(a) he has held such share or interest for not less than one year;

(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; and

(c) the committee has approved such transfer.

(b) A person under any such disability as is referred to in clause (a) shall, on his disability ceasing, furnish to the society a declaration of his willingness to become a member. On receipt of such declaration the society, notwithstanding anything contained in this section may, and if it is a co-operative housing society such society shall admit him as a member if he is not otherwise disqualified. A person so admitted shall become entitled to all the rights and privileges of a member and become subject to liabilities like any other member of the society.

(a) his liability in respect of any debt due by him to the society and in respect of any outstanding demand owing to the society by him shall continue as if he had not ceased to be a member.

(b) his liability for the debts of the society as they stood immediately before the date of such cessation shall, save as otherwise provided in sub-section (2), continue for a period of three years from such date as if he had not ceased to be a member:

Chapter IV

Incorporation, Duties and Privileges of Societies

(a) the name, address and occupation of each member;

(b) in the case of a society having share capital, the share held by each member;

(c) the date on which each person was admitted as a member;

(d) the date on which any person ceased to be a member; and

(e) such other particulars as may be prescribed:

(a) annual report of its activities;

(b) its audited statement of accounts;

(c) plan for surplus disposal as approved by the general body of a society;

(d) list of amendments to the bye-laws of the society, if any;

(e) declaration regarding date of holding of its general body meeting and conduct of elections when due; and

(f) any other information required by the Registrar in pursuance of any of the provisions of the Act.]

(a) to any instrument relating to shares in a society [not being a housing society] notwithstanding that the assets of the society consist in whole or in part of immovable property; and

(b) to any debenture issued by any society and not creating, declaring, assigning, limiting or extinguishing any rights, 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 such debentures; or

(c) to any endorsement upon, or transfer of, any debenture issued by any society.

(a) the stamp duty with which, under any law relating to stamp duty for the time being in force, instructions executed by or on behalf of a society or by an officer or member thereof, and relating to the business of the society, or any class of such instruments, or award of the Registrar or his nominee or board of nominees under this Act, are respectively chargeable;

(b) any fee payable by or on behalf of a society under the law relating to the registration of documents and to court-fees, for the time being in force; and

(c) any other tax or fee or duty (or any portion thereof) payable by or on behalf of a society under any law for the time being in force, which the State Government is competent to levy.

(i) interest rates on deposits and loans, subject to the directives issued by the Reserve Bank of India;

(ii) borrowing, investment, depositing its surplus funds, loaning policies (including individual loans) and other business policies;

(iii) personnel policies including issues relating to recruitment, promotion, staffing, training, posting and compensation to staff as per business requirement of the society;

(iv) internal checks and control systems, appointment of auditors, their compensation and other internal administrative issues; and

(v) borrowing from any financial institution regulated by the Reserve Bank of India, keeping in mind the interest of the society and its members.]

(a) any debt or outstanding demand, owing to a society by any member or a person who has ceased to be a member shall be a first charge upon-

(i) the crops or other agricultural produce raised in whole or in part whether with or without a loan taken from the society by him.

(ii) 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 him in whole or in part, from any loan whether in money or goods made to him by the society, and

(iii) any movable property which may have been hypothecated, pledged or otherwise mortgaged by him with the society, and remaining in his custody :

(b) any outstanding demands or dues payable to a society by any member or a person who has ceased to be a member, in respect of rent, shares, loans or purchase money or any other rights or amounts payable to such society, shall be first charge upon his interest in the immovable property of the society :

(a) that every such member shall dispose of his produce through the society, and

(b) that, any member, who is found guilty of a breach of the bye-law or of any such contract, shall reimburse the society for any resultant loss, determined in such manner as may be specified in the bye-laws.

(a) any person who makes an application to a society of which he is a member, for a loan shall, if he owns any land or has interest in any land as a tenant, make a declaration in the prescribed form. Such declaration shall state that the applicant thereby creates a charge on such land or interest specified in the declaration for the payment of the amount of the loan which the society may make to the member in pursuance of the application, and for all future advances, if any, required by him which the society may make to him as such member, subject to such maximum as may be determined by the society, together with interest on such amount of the loan and advances;

(b) any person who has taken a loan from a society of which he is a member, before the date of the coming into force of this Act, and who owns any land or has interest in land as a tenant, and who has not already made such a declaration before the aforesaid date shall, as soon as possible thereafter, make a declaration in the form and to the effect referred to in clause (a); and no such person shall, unless and until he has made such declaration, be entitled to exercise any right as a member of the society;

(c) a declaration made under clause (a) or (b) may be varied at any time by a member, with the consent of the society in favour of which such charge is created;

(d) no member shall alienate the whole or any part of the land or interest therein, specified in the declaration made under clause (a) or (b) until the whole amount borrowed by the member together with interest thereon, is repaid in full :

(e) any alienation made in contravention of the provisions of clause (d) shall be void;

(f) subject to the prior claims of the Government in respect of land revenue or any money recoverable as land revenue, and to the charge, if any created under an award made under the Bombay Agricultural Debtors Relief Act, 1947 (Bombay XXV of 1947) or any corresponding law for the time being in force in any part of the State, and to any mortgages created in favour of a [land development bank] by its members there shall be a first charge in favour of the society on the land or interest specified in the declaration made under clause (a) or (b), for and to the extent of the dues owing by him on account of the loan; and

(g) notwithstanding anything contained in Chapter X-A of the Land Revenue Code, the Record of Rights maintained thereunder shall also include the particulars of every charge on land or interest created under a declaration under clause (a) or (b).

(i) any society, the majority of the members of which are agriculturists and the primary object of which is to obtain credit for its members, or

(ii) any society, or any society of the class of societies, specified in this behalf by the State Government by a general or special order.

Chapter V

State Aid to Societies

(a) directly purchasing shares in other societies with limited liability;

(b) providing moneys to a society to enable that society (hereinafter in this Chapter referred to as a "Central society") to purchase shares in other societies with limited liability (the latter societies being hereinafter in this Chapter referred to as "Primary societies");

(c) making payments to the State Government in accordance with the provisions of this Chapter;

(a) purchasing shares in primary societies;

(b) making payments to the Apex society in accordance with the provisions of this Chapter;

(a) the State Government, or

(b) an Apex society from the Principal State Partnership Fund, or a Central society from the Subsidiary State Partnership Fund, as the case may be, then in the event of the winding up of such society the liability in respect of such shares shall be limited to the amount paid in respect of such shares.

(a) the State Government may enter into an agreement with an Apex society setting out the terms and conditions on which it shall provide moneys to the Apex society for the purpose specified in Section 52;

(b) an Apex society may, with the previous approval of the State Government, enter into an agreement with a Central society, setting out the terms and conditions on which it shall provide moneys to that society from the Principal State Partnership Fund for the purpose specified in clause (b) of sub-section (2) of Section 53.

(a) give loans to a society;

(b) guarantee the payment of the principal of debentures issued by a society, or of interest thereon, or both, or the repayment of the share capital of a society to its members, or the payment of dividends thereon at such rates as may be specified by the State Government;

(c) guarantee the repayment of the principal of and the payment of interest on, manes given by a Co-operative Bank to a society;

(d) guarantee the repayment of the principal of, and payment of interest on, loans and advances given by the Reserve Bank of India, or the Industrial Finance Corporation of India, or any other authority constituted under any law for the time being in force, or

(e) provide financial assistance, in any other form (including subsidies), to a society.

Chapter VI

Property and Funds of Societies

(a) the balance of bad debts, if any, remaining after first writing them off under sub-section (3); and

(b) all losses incurred by a society including those suffered on account of settlement of disputes under Section 98 which are certified as such by a certified auditor, may be written off against the reserve fund maintained under Section 67 to the extent of not more than thirty per cent of the balance in that fund :

(a) of the Gujarat State Co-operative Union, if the society operates in more than one district, and

(b) of the District Co-operative Board, in any other case, the whole or part of such sum in contributing to any prescribed co-operative purpose, or to any charitable purpose within the meaning of Section 2 of the Charitable Endowments Act, 1890 (VI of 1890), or to any other public purpose.

(a) in a Central Bank, or the State Co-operative Bank,

(b) in the State Bank of India,

(c) in the Postal Savings Bank,

(d) in any of the securities specified in Section 20 of the Indian Trusts Act, 1882 (II of 1882).

(e) in shares, or security bonds, or debentures, issued by any other society with limited liability, or

[(f) in a Scheduled co-operative bank as defined in clause (2) of Section 2 of the Reserve Bank of India Act, 1934 and having its registered office within the State or in any nationalised bank;

(ff) in any land or building,---

(i) where the money in a building fund established by a society is sufficient for the purpose; or

(ii) where the money in such a fund is insufficient for the purpose or where a society has not established such fund, with the previous sanction of the Registrar :

(g) in any corporation owned or controlled by the Government of Gujarat and other Scheduled Banks not covered under clause (1), with the prior approval of the State Government subject to such terms and conditions as may be prescribed in this behalf :

Chapter VII

Management Of Societies

(b) Societies, the area of operation of which does not extend to the whole of the State but extends to one or more districts;

(a) one seat in a committee consisting of not more than eleven members, and

(b) two seats in committee consisting of more than eleven members.

(i) consisting of not more than eleven members, there is no woman as a member;

(ii) consisting of more than eleven members, there is no woman as a member or only one woman as a member, the society shall, notwithstanding anything contained in the bye-laws of the society, elect, co-opt or appoint in accordance with its bye-laws, in addition to the existing members of the committee, one woman as a member in a committee referred to in clause (i) and two women as members or, as the case may be, one woman as a member in committee referred to in clause (ii).

(b) Where a society does not elect, co-opt, or appoint a member under sub-section (2) within two month from the commencement of the Gujarat Co-operative Societies (Amendment) Ordinance, 1997, (Gujarat Ordinance 8 of 1997), the Registrar shall, notwithstanding anything contained in the bye-laws of the society, appoint additional member or members in the committee in accordance with the provisions of sub-section (2).

[(i) Apex societies mentioned in the Schedule and such other apex societies as the State Government may, by general or special order, published in the Official Gazette, from time to time specify in this behalf, having regard to financial position and share capital of such societies;]

(ii) all District Central Co-operative Banks;

(iii) all Primary Land Development Banks;

(iv) (a) all District Co-operative Sale and Purchase Organisation;

(b) all Taluka Co-operative Sale and Purchase Organisation;

(v) all Co-operative Sugar Factories;

(vi) all Co-operative Spinning Mills;

[(vi-a) all district co-operative milk unions;

(vi-b) all taluka co-operative processing societies;]

(vii) any other society or class of societies, which the State Government may, by general or special order published in the Official Gazette, from time to time specify in this behalf, regard being had to the financial position and share capital of such institutions.

(a) to nominate its representatives on a Committee of any such society under Section 80, or

(b) to nominate the first Committee of Management of any such society where the bye-laws of such society so provide.

(1) no society shall prescribe nor a member of a committee thereof shall be entitled to sitting fees, and travelling and daily allowances while touring on public business, at rates exceeding such rates as may be prescribed, and

(2) a member of a committee of a society shall, in relation to touring on public business be subject to such condition and limitations as may be prescribed and different rates, conditions and limitations may be prescribed in relation to members of committees of different societies or class of societies.

(a) a journey for attending any meeting of the committee;

(b) a journey in connection with the performance or any other functions of the committee;

(c) a journey for attending any conference sponsored by-

(i) the Central Government,

(ii) a State Government,

(iii) any co-operative institution, or

(iv) such other institutions recognised by the State Government in this behalf.]

(i) if such officer is a servant of the society, the Registrar may by an order in writing impose on him a penalty of an amount not exceeding one hundred rupees, and

(ii) if such officer is not a servant of the society, the Registrar may by an order in writing declare such officer to be disqualified for being an officer or a member of the Committee, of the society or for being elected or appointed to any office of the society, for such period not exceeding three years as he may specify in the order :

(i) on a requisition in writing of one-fifth of the members of the society or of members the number of which is specified in the bye-laws for the purpose, whichever is lower, or

(ii) on a requisition from the Registrar, or

(iii) in the case of a society, which is a member of a federal society, on a requisition from the committee of such federal society.

(a) extend the term of office of the members of the said committee of the management; or

(b) appoint a person or a committee of persons to be the custodian of the society, for such period not exceeding two years in the aggregate or until a new committee of management is elected, whichever is earlier.

(i) the Committee persistently makes default; or

(ii) the Committee is negligent in the performance of its duties imposed on it by or under this the Act or the rules made thereunder or the bye-laws; or

(iii) the Committee has committed any act prejudicial to the interest of the society or its members; or

(iv) there is stalemate in the constitution or functions of the committee; or

(v) the authority which is assigned the functions of conducting elections in respect of Managing Committee has failed to conduct elections in accordance with the provisions of this Act,

(a) a Committee, consisting of one or more members of the society, not being the members of the Committee superseded under this sub-section, or

(b) one or more Administrators who need not be members of the society, or from amongst the officers of the Co- operative Department of the State Government, to manage the affairs of the society for a period not exceeding six months :

(i) if a society incurs losses for three consecutive years; or

(ii) if serious financial irregularities or frauds have been identified; or

(iii) if there is perpetual lack of quorum over a period of three months.

(a) within the time provided in this Act, the rules or the bye-laws, or the order, as the case may be, or

(b) where no time is so provided, within such time, having regard to the nature and extent of the action to be taken, as the Registrar may specify by notice in writing,

Chapter VIII

Audit, Inquiry, Inspection and Supervision

(a) on the requisition of a society duly authorised by' rules made in this behalf to make such requisition, in respect of any of its member, such manner being itself a society,or

(b) on the application of a majority of the committee of a society, or

(c) on the application of one-third of the members of a society.

(b) If any such person refuses to produce to the Registrar or any person authorised by him under sub-section (1), any book or paper which it is his duty under clause (a) to produce or to answer any question which is put to him by the Registrar or the person authorised by the Registrar in pursuance of sub-clause (a) the Registrar or the person authorised by the Registrar may certify the refusal and the Registrar may impose on the defaulter a penalty of an amount not exceeding five hundred rupees. Before imposing such penalty, the Registrar shall give, or cause to be given a reasonable opportunity to the defaulter, of showing cause against the action proposed to be taken in regard to him.

(b) The society shall be bound to comply with any direction issued to it under clause (a).

(c) The books and papers taken over under clause (a) shall be returned to the society on the completion of the inquiry.

(i) in case the State Government have subscribed directly to the share capital of the society or in case any moneys are due from the society to the Principal State Partnership Fund or to the Subsidiary State Partnership Fund, to the State Government or to any officer appointed by it in this behalf;

(ii) to the federal co-operative society concerned, and

(iii) to the society concerned.

(a) satisfies the Registrar that the debt is a sum then due, and that he has demanded payment thereof and has not received satisfaction within reasonable time, and

(b) deposits with the Registrar such sum as the Registrar may require as security for the costs of any inspection of the books of the society, the Registrar may, if he thinks it necessary, inspect or direct a person authorised by him by order in writing in this behalf of inspect, the books of the society.

(b) Every person who is or has at any time been an officer or employee of the society and every member and past member of the society shall furnish such information in regard to such transactions and working of the society as the Registrar or the person authorised by him may require.

(a) having heard or given a reasonable opportunity of being heard to, the society or person or in the case of an estate its legal representative, as the case may be, against whom or which such order is proposed to be made; and

(b) setting out in the order the grounds on which the apportionment is made.

Chapter IX

Procedure for Deciding Disputes

(a) a society, its committee, any past committee, any past or present officer, any past or present agent, any past or present servant or nominee, heir or legal representative of any deceased officer, deceased agent or deceased servant of the society, or the Liquidator of the society;

(b) a member, past member or a person claiming through a member, past member or a deceased member of a society, or a society which is a member of the society;

(c) a person, other than a member of the society, who has been granted loan by the society, or with whom the society has or had transaction under the provisions of Section 46, and any person claiming through such a person;

(d) a surety of a member, past member or a deceased member, or a person other than a member who has been granted a loan by the society under Section 46, whether such a surety is or is not a member of the society;

(e) any other society, or the Liquidator of such a society.

(i) a claim by a society for any debt or demand due to it from a member, past member or the nominee, heir or legal representative of a deceased member, whether such a debt or demand be admitted or not;

(ii) a claim by a surety for any sum or demand due to him from the principal borrower in respect of a loan by a society and recovered from the surety owing to the default of the principal borrower, whether such a sum or demand be admitted or not;

(iii) a claim by a society for any loss caused to it by a member, past member, or deceased member, by any officer, past officer or deceased officer, by any agent, past agent or deceased agent, or by any servant, past servant or deceased servant, or by its committee, past or present whether such loss be admitted or not;

(iv) a refusal or failure by a member, a past member or a nominee, heir or legal representative of a deceased member, to deliver possession to a society of land or any other asset resumed by it for breach of conditions of the assignment.

(a) when the dispute relates to the recovery of any sum, including interest thereon due to a society by a member thereof, be computed from the date on which such member dies or ceases to be a member of the society;

(b) when the dispute is between a society or its committee, and any past committee, any past or present officer, or past or present agent, or past or present servant or the nominee, heir or legal representative of a deceased officer, deceased agent or deceased servant of the society, or a member or past member, or the nominee, heir or legal representative of a deceased member, and when the dispute relates to any act or omission on the part of either party to the dispute, be six years from the date on which the act or omission with reference to which the dispute arose, took place;

(c) when the dispute is in respect of any matter touching the constitution, management or business of a society which has been ordered to be wound up under Section 107, or in respect of which a nominated committee or an administrator has been appointed under Section 81, be six years from the date of the order issued under Section 107, or Section 81, as the case may be;

(d) when the dispute is in respect of an election of any office-bearer of a society, be two months from the date of the declaration of the result of such election.

(b) Where a dispute has been instituted, in the name of the wrong person or where all the defendants have been not included, the Registrar or his nominee or board of nominees may, at any stage of the hearing of the dispute if satisfied that the mistake was bona fide, order any other person to be substituted or added as a plaintiff or a defendant, upon such terms as he thinks just.

(c) The Registrar, his nominee or board of nominees may, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Registrar, his nominee or board of nominees, as the case may be, to be just, order that the name of any party improperly joined whether as plaintiff or defendant be struck out, and that the name of any person who ought to have been joined whether as plaintiff or defendant or whose presence before the Registrar, his nominee or board of nominees as the case may be, may be necessary in order to enable the Registrar, his nominee or board of nominees effectually and completely to adjudicate upon and settle all the questions involved in the dispute, be added.

(d) Any person who is a party to the dispute and entitled to more than one relief in respect of the same cause of action may claim all or any of such reliefs; but if he omits to claim all such reliefs, he shall not forward claim for any relief so omitted, except with the leave of the Registrar, his nominee or board of nominees.

(a) is about to dispose of 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.

(a) on a certificate signed by the Registrar or a Liquidator, be deemed to be a decree of a Civil Court, as defined in clause (2) of Section 2 of the Code of Civil Procedure, 1908 and shall, be executed in the same manner as a decree of such Court, or

(b) be executed according to the provisions of the Land Revenue Code and the rules thereunder for the time being in force for the recovery of arrears of land revenue :

Chapter X

Liquidation

(a) after an inquiry has been held under Section 86, or an inspection has been made under Section 87, or on the report of the auditor auditing the accounts of the society, or

(b) on receipt of an application made upon a resolution carried by three-fourths of the members of a society present at a special general meeting called for the purpose, or

(c) of his own motion, in the case of a society which-

(i) has not commenced working, or

(ii) has ceased working, or

(iii) possesses shares of members deposits not exceeding five hundred rupees, or

(iv) has ceased to comply with any conditions as to registration and management in this act or [the rules or the bye-laws, or]

[(v) has failed to comply with any directions issued under sub-section (1) of Section 160 or such directions as modified under sub-section (2) of that section.]

(a) to institute and defend suits and other legal proceedings, civil or criminal, on behalf of the society, in the name of his office;

(b) to carry on the business of the society, so far as may be necessary for the beneficial winding up of the same;

(c) to sell the immovable and movable property and actionable claims of the society by public auction or private contract, with power to transfer the whole or part thereof to any person or body corporate, or sell the same in parcels;

(d) to raise, on the security of the assets of the society, any money required;

(e) to investigate all claims against the society and, subject to the provisions of the Act, to decide question of priority arising out of such claims and to pay any class or classes of creditors in full or ratably according to the amount of such debts, the surplus being applied in payment of interest from the date of liquidation at a rate approved by the Registrar, but not exceeding the contract rates;

(f) to 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;

(g) 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;

(h) to determine, from time to time, after giving an opportunity to answer the claim, the contribution to be made or remaining to be made by the members or past members or by the estate, nominees, heirs or legal representatives of deceased members, or by any officer, past officer or the estate or nominees, heirs or legal representatives of a deceased officer to the assets of the society, such contribution being inclusive of debts due from such members or officers;

(i) to make applications under Section 103;

(j) to get disputes referred to the Registrar for decision by himself or his nominee or board of nominees;

(k) to determine by what persons and in what proportion the costs of the liquidation shall be borne;

(l) to fix the time or times within which the creditors shall prove their debts and claims or be included for the benefits of any distribution made before those debts or claims are proved;

(m) to summon and enforce the attendance of witnesses and to compel the production of any books, accounts, documents, securities, cash or other properties belonging to or in the custody of the society by the same means and in the same manner as provided in the case of a Civil Court under Code of Civil Procedure, 1908 (V of 1908);

(n) to do all acts, and to execute in the name and on behalf of the society, all deeds, receipts and other documents, as may be necessary to such winding up;

(o) to take such action as may be necessary under Section 19, with the prior approval of the Registrar, if there is reason to believe that the society can be reconstructed.

(a) an object of public utility and of local interest as may be recommended by the members in general meeting held under Section 114 or where the society has ceased to function and its record is not available or none of its members is forthcoming, as the Registrar thinks proper;

(b) a federal society with similar objects to which the cancelled society was eligible for affiliation or, where no federal society exists, the Gujarat State Federal Society; and

(c) any charitable purpose as defined in Section 2 of the Charitable Endowments Act, 1890 (VI of 1890).

[Chapter X-A]

Insured Co-Operative Bank

(1) an order for winding up or an order sanctioning a scheme of compromise or arrangement or of amalgamation or reconstruction (including division or reorganisation) of the bank may be made only with the previous sanction in writing of the Reserve Bank of India;

(2) an order for the winding up of the bank shall be made by the Registrar if so required by Reserve Bank of India in the circumstances referred to in Section 13-D of the Deposit Insurance Corporation Act, 1961 (47 of 1961);

(a) the expression "insured co-operative bank" means a society which is an insured bank under the provisions of the Deposit Insurance Corporation Act, 1961 (47 of 1961);

(b) the expression "transferee bank" in relation to an insured co-operative bank means a co-operative bank-

(i) with which such insured co-operative bank is amalgamated, or

(ii) to which the assets and liabilities of such insured co- operative bank are transferred, or

(iii) into which such insured co-operative bank is divided or converted, under sub-section (1) of Section 17.]

[Chapter X-B]

Certain Other Provisions Relating to Urban Co-Operative Banks

(a) "Bank" means an Urban Co-operative Bank;

(b) "committee" means a committee of an Urban Co- operative Bank;

(c) "committee member1" means a member of a committee;

(d) "company" means any body corporate and includes a firm and other association of individuals;

(e) "member of a family" in relation to a committee member means a wife or, as the case may be, a husband, father, mother, son who is dependent for his maintenance and unmarried daughter;

(f) "Urban Co-operative Bank" means a society registered under this Act and doing the business of banking, as defined in clause (b) of Section 5 of the Banking Regulation Act, 1949 (10 of 1949).

(a) is continuously a member of the bank for a period of not less than three years and continues to be such member, and

(b) has deposited in the bank an amount of not less than twenty thousand rupees and continues to so deposit.

(b) A person shall be disqualified for being chosen as or for being a committee member,-

(i) if such a person has made default in repayment of any loan taken from any bank or other society,

(ii) if a company in which the person or any member of his family has any interest has made default in repayment of any loan taken from any bank or other society after the date when repayment of the loan has become due,

(iii) if such person is convicted of an offence under Section 115-H.

(a) information is furnished every month to the Registrar in such form as may be prescribed, regarding the loans taken from the bank by each committee member, members of the family and companies with which he is associated, in any manner;

(b) the bank is registered as an insured bank under the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961);

(c) defects in the working of the bank are rectified and financial irregularities disclosed in the course of audit of the bank or otherwise are remedied;

(d) action to recover loans given by the bank is taken within one year from the date when repayment of the same has become due;

(e) no financial loss is caused to the bank and any debt due to the bank which is not recovered within a period of one year from the date when it has become due shall be recovered;

(f) civil and criminal proceedings against a person who, in the opinion of the committee, has misappropriated any fund of the bank are initiated;

(g) the provisions of Sections 18 and 24 of the Banking Regulation Act, 1949 (10 of 1949) as applicable to co-operative societies and of Section 71 are complied with and if in its opinion any of the said provisions is contravened, such contravention is forthwith reported to the Registrar.

(b) It shall be an offence if a committee fails to ensure that information under clause (a) of Section 115-F.

(c) It shall be an offence if a committee fails to ensure that a report under clause (g) of Section 115-F is true.

(a) If it is an offence under clause (a) of sub-section (1) for failure to comply with the provisions of-

(i) clause (a) of Section 115-F with fine which may extend to twenty thousand rupees;

(ii) clause (b) of Section 115-F with imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees or with both;

(iii) clause (c) of Section 115-F with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both;

(iv) clause (d) of Section 115-F with imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees or with both;

(v) clause (e) of Section 115-F with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both;

(vi) clause (f) Section 115-F with imprisonment for a term which may extend of two years or with fine which may extend to two lakh rupees or with both;

(vii) clause (g) of Section 115-F with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both.

(b) If it is an offence under clause (b) of sub-section (1), with imprisonment for a term which may extend to two years or with fine which may extend to two lakh rupees or with both.

(c) If it is an offence under clause (c) of Section (1), with imprisonment for a term which may extend to two years or with fine which may extend to two lakh rupees or with both.

(i) a bank having deposits of not less than fifty crores rupee;

(ii) a bank which is a Scheduled Bank within the meaning of clause (e) of Section 2 of the Reserve Bank of India Act, 1934 (2 of 1934).

Chapter XI

[Land Development Banks]

[(i) improvement and development of agriculture and productive purposes;]

(ii) the erection, rebuilding or repairing of houses for agricultural purposes;

(iii) the purchase or acquisition of title to agricultural lands by tenant purchasers or tenants under the Bombay Tenancy and Agricultural Land Act, 1948 (Bombay LXVII of 1948), or any corresponding law for the time being in force in any part of the State;[***]

(iv) the liquidation of debt under the Bombay Agricultural Debtors Relief Act, 1947 (Bombay XXVIII of 1947), or any corresponding law for the time being in force in any part of the State;

[(v) the purchase of agricultural lands by agriculturists whose agricultural lands have been acquired for any public purpose under the Land Acquisition Act, 1894 or any other law for the time being in force;

(vi) promoting the development of animal husbandry, dairy farming, poultry farming, pisciculture or fishery; or

(vii) purchase of shares in a co-operative society engaged in the manufacture of sugar.]

(a) construction and repair of wells (including tube wells), tanks, and other works for the storage, supply or distribution of water for the purpose of agriculture, or for the use of men and cattle employed in agriculture;

(b) renewal or reconstruction of any of the foregoing works, or alterations therein, or additions thereto;

(c) preparation of land for irrigation;

(d) drainage, reclamation from rivers or other waters, or protection from floods or from erosion or other damage by water, of land used for agricultural purposes, or waste land which is cultivable;

(e) bunding and similar improvements;

(f) reclamation, clearance and enclosure or permanent improvement of land for agricultural purposes;

(g) horticulture;

(h) purchase of oil-engines, pumping sets and electrical motors for any of the purposes mentioned herein;

(i) purchase of tractors or other agricultural machinery;

(j) increase of the productive capacity of land by addition to it of any special variety of soil;

(k) construction of a permanent farm-house, cattle-sheds, and sheds for processing of agricultural produce at any stage;

(l) purchase of machinery for crushing sugarcane, manufacturing gur or khandsari or sugar;

(m) purchase of land for consolidation of holdings under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bombay LXII of 1947);

(n) such other purposes as the State Government may, from time to time, by notification in the Official Gazette, declare to be [productive purposes] for the purpose of this Chapter.

(1) ["Land Development Bank"] means a Co-operative Bank registered or deemed to be registered under this Act, and to which this Chapter applies;

(2) ["Primary Land Development Bank"] means a [Land Development Bank] recognized as [Primary Land Development Bank] by the Registrar.

(3) ["State Land Development Bank"] means a [Land Development Bank] for the whole of the State of Gujarat and recognised as such by the Registrar.

(a) where debentures are issued against mortgages held, the aggregate of-

(i) the amounts due on the mortgages;

(ii) the value of the properties and other assets transferred or deemed to have been transferred under Section 124 by the [Primary Land Development Bank] to the [State Land Development Bank] and subsisting at such time; and

(iii) the amounts paid under the mortgages aforesaid and the unsecured amounts remaining in the hand of the [State Land Development Bank] or the Trustee at the time;

(b) where debentures are issued otherwise than on mortgages held, the total amount as calculated under clause (a) increased by such portion of the amount obtained on the debentures as is not covered by a mortgage.

(a) that the work described or the purpose for which the loan is granted, is an improvement or productive purpose, as the case may be, within the meaning of Section 116;

(b) that the person had at the date of the order a right to make such an improvement, or incur expenditure for productive purpose, as the case may be; and

(c) that the improvement is one benefiting the land specified and the productive purpose concerns the land offered in security, or any part thereof as may be relevant.

(a) notice in writing requiring payment of such mortgage money or part thereof has been served upon-

(i) the mortgagor or each of the mortgagors,

(ii) any person who has any interest in or charge upon the property mortgaged, or in or upon the right to redeem the same so far as is known to the bank,

(iii) any surety for the payment of the mortgaged debt or any part thereof, and

(iv) any creditor of the mortgage who has in a suit for administration of his estate obtained a decree or sale of the mortgaged property, and

(b) no payment of such mortgaged money or part thereof, has been made till the expiry of three months after service of the notice.

(a) the unsecured dues owned by the mortgagor to the [State Land Development Bank] or [Primary Land Development Bank] may be adjusted, and

(b) the unsecured dues owned by any members or past member of either of the above mentioned banks to whom the mortgagor is indebted may also be adjusted under the written authority given by such member and past member, and after holding such inquiry as may be deemed necessary.

(b) Where the property sold is in the occupancy of tenant or other person entitled to occupy the same, and a certificate in respect thereof has been granted under sub-section (1) the Court shall, on the application of the purchaser and after notice to such tenant or other person, order the delivery to be made by affixing copy of the certificate of sale in a conspicuous place on the property and proclaiming to the occupant by beat of drum or other customary mode at some convenient place that the right, title and interest of the mortgagor have been transferred to the purchaser.

(a) from the borrower as if they were arrears of land revenue due by him;

(b) out of the land for the benefit of which the loans has been granted as if they were arrears of land revenue due in respect of that land;

(c) from a surety (if any) as if they were arrears of land revenue due by him;

(d) out of the property comprised in the collateral security (if any according to the procedure for the realisation of land revenue by the sale of immovable property other than the land on which the revenue is due.

[Chapter XI]

Elections ofs Committees and Officers of Certain Societies

(a) "Collector" means the Collector having jurisdiction over area in which the registered office of the society concerned is situated and includes the Additional Collector, and also any officer not below the rank of Deputy Collector appointed by the State Government to exercise the powers and perform the duties of the Collector under this Chapter;

(b) "election" means election of a member or members of the committee of a specified society;

(c) "specified society" means a society belonging to any of the categories specified in Section 74-C.

(b) Within eight days from the receipt of such requisition from the, Collector, the society shall deposit the specified amount with Collector.

(b) Within six months from the declaration of results of the election, the Collector shall render the accounts to the society concerned and-

(i) Where the expenditure is less than the amount of deposit he shall refund to the society the balance of the amount remaining with him; and

(ii) where the expenditure exceeds, the amount of deposits, he shall by, written requisition call upon the society to pay the amount of excess expenditure specified by him in such requisition, within eight days from the receipt of such requisition and the society shall comply with such requisition.

(a) if he is a salaried employee of any society (other than a society of employees themselves) or holds any office of profit under any society, except when he holds or is appointed to the office of a Managing Director or any other office under the society declared by the State Government by general or special order not to disqualify its holder;

(b) if he has been convicted of an offence punishable under Section 153-A or Section 171-E or Section 171-F or sub-section (2) or sub-section (3) of Section 505 of the Indian Penal Code, 1860 (XLV of 1860), or under Section 145-R or clause (a) of sub- section (2) of Section 145-S of this Act, unless a period of six years has elapsed since the date of his conviction;

(c) if he has been convicted by a Court in India for any offence and sentenced to imprisonment for not less than two years, unless a period of five years has elapsed since his release;

(d) if he is found guilty of a corrupt practice under this Chapter by the State Government unless a period of six years has elapsed since the date on which the decision of the State Government takes effect;

(e) if he is also disqualified by or under any other provision of this Act.

(1) "Bribery" that is to say-

(A) Any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing-

(a) a person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at an election, or

(b) an elector to vote or refrain from voting at an election, or as a reward to-

(i) a person for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature; or

(ii) an election for having voted or refrained from voting;

(B) the receipt of, or agreement to receive, any gratification, whether as a motive or a reward-

(a) by a person for standing or not standing as, or for withdrawing or not withdrawing from being a candidate; or

(b) by any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate to withdraw nor not to withdraw his candidature.

(2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person with the consent to the candidate or his election agent with the free exercise of any electoral right :

(a) without prejudice to the generality of the provisions of this clause, any such person as is referred to therein who-

(i) threatens any candidate or any elector or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community; or

(ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause;

(b) a declaration of public policy or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause.

(a) to persuade any person to give his vote at an election, or

(b) to dissuade any person from giving his vote at an election, or

(c) to influence the voting of any person at an election in any manner.

(a) canvassing for votes; or

(b) soliciting the vote of any election; or

(c) persuading any elector not to vote for any particular candidate; or

(d) persuading any elector not to vote at the election; or

(e) exhibiting any notice or sign (other than an official notice) relating to the election.

(a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loud-speaker, or

(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officer and other person on duty at the polling station.

(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 a Returning Officer; or

(c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark, on any ballot paper or any declaration of identity or official envelope used in connection with voting by postal ballot; or

(d) without due authority supplies, any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or

(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or

(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or

(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.

(a) if he is a Returning Officer or an Assistant Returning Officer or a Presiding Officer at a polling station or any other officer or clerk employed on official duty in connection with the election, on conviction, be punished with imprisonment for a term which may extend to two years or with fine, or with both;

(b) if he is any other person, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both.

(a) proof of facts by affidavit;

(b) summoning and enforcing the attendance of any person and examining him on oath;

(c) compelling discovery or the production of documents, and

(d) issuing commissions for the examination of witnesses.

(a) contain a concise statement of the material facts on which the petitioner relies;

(b) set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and

(c) be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (V of 1908) for the verification of pleadings:

Chapter XII

Offences and Penalties

(a) any person makes a declaration referred to in Section 23 which he knows or has reason to believe to be false;

(b) any member of a society transfers any property or interest in property in contravention of sub-section (2) of Section 48 or any person knowingly acquires, or abets the acquisition of, such property;

(c) any employer or any director, manager, secretary or other officer or agent acting on behalf of such employer without sufficient cause, fails to comply with sub-section (2) of Section 50;

(d) a committee of a society or an officer or member thereof fails to invest funds of such society in the manner required by Section 71;

(e) any person collecting share money for a society in formation, does not within a reasonable period deposit the same in the State Co-operative Bank, or a Central Co-operative Bank, or an Urban Co-operative Bank, or a postal savings bank;

(f) any person, collecting the share money for a society in formation, makes use of the funds so raised for conducting any business or trading in the name of a society to be registered or otherwise;

[(f-a) any person before, during or after the election of members of the Managing Committee or office bearers, adopts corrupt practice;]

(g) a retiring chairman to whom a direction has been issued under subsection (2) of Section 75 fails to comply with such direction;

[(g-i) a committee of a society or a member thereof fails to comply with the provisions of Section 75-A;]

(h) a committee of a society, or an officer or member thereof, fails to comply with the provisions of sub-section (2), (3) or (4) of Section 77;

(i) any officer or member of a society who is in possession of information, books, records, fails to furnish such information or produce books and papers, or give assistance to a person appointed or authorised by the State Government or the Registrar under Sections 80, 81, 84, 86, 87, 99 or 108;

(j) any officer of a society fails to hand over the custody of books, records cash security and other property belonging to the society of which he is an officer, to a person appointed under Section 80, 81 or 108;

(k) a committee of a society with a working capital of fifty thousand rupees or more, or any officer or a member thereof fails without any reasonable excuse to comply with orders made under Section 82 or to give any notice, or to send any return or document, do or allow to be done anything, which the committee, officer or member is by this Act required to give, send, do or allow to be done;

(l) a committee of a society or an officer or member thereof wilfully neglects or refuses to do any act, or to furnish any information required for the purposes of this Act by the Registrar or other person duly authorised by him in writing in this behalf;

(m) a committee of a society, or an officer or member thereof, wilfully makes a false return, or furnishes false information or fails to maintain proper accounts;

(n) an officer or a society fails to comply with the order made by the Registrar under Section 83;

[(n-a) any person wilfully or without any reasonable excuse disobeys any summons, requisition or lawful written order issued under the provisions of this Act;]

(o) an officer, member, agent or servant of a society fails to comply with the requirements of sub-section (4) of Section 84;

[(o-a) any officer or custodian who wilfully fails to hand over custody of book, accounts, records, cash, security and other property belonging to a co-operative society of which he is an officer or custodian, to an authorised person;]

(p) an officer or a member of a society wilfully fails to comply with any decision, award or order passed under Section 98;

(q) a member of a society fraudulently disposes of property over which the society has a prior claim, or a member or officer or employee or any person disposes of his property by sales, transfer, mortgage, gift or otherwise, with the fraudulent intention of evading the dues of the society;

(r) an officer of a society wilfully recommends or sanctions for his own personal use or benefit or for use or benefit of a person in whom he is interested, a loan in the name of any other person;

(s) an officer or member of a society destroys, mutilates, tampers with or otherwise alters, falsifies or secretes or is privy to the destruction, mutilation, alteration, falsification or secreting of any books, papers or securities or makes, or is privy to the making of any false or fraudulent entry in any register, book of account or document belonging to the society.

(a) if it is an offence under clause (a) of that section, with simple imprisonment which may extend to six months, or with fine which may extend to five hundred rupees or both;

(b) if it is an offence under clause (b) of that section, with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both;

(c) if it is an office under clause (c) of that section, with imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both;

(d) if it is an offence under clause (d) of that section, with fine which may extend to five hundred rupees;

(e) if it is an offence under clause (e) of that section, with fine which may extend to five hundred rupees;

(f) if it is an offence under clause (f) of that section, with imprisonment for a term which may extend to one year, or with fine, or with both;

[(f-(i) ) if it is an offence under clause (f-a) of that section, with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both;]

(g) if it is an offence under clause (g) of that section, with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or both;

[(g-i) if it is an offence under clause (g-i) of that section, with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both;]

(h) if it is an offence under clause (h) of that section, with fine which may extend to two hundred and fifty rupees;

(i) if it is an offence under clause (I) of that section, [with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both;]

(j) if it is an offence under clause (j) that section, with fine which may extend to five hundred rupees;

(k) if it is an offence under clause (b) of that section, with fine which may extend to five hundred rupees;

(l) if it is an offence under clause (1) of that section, with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;

(m) if it is an offence under clause (m) of that section, with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both;

(n) if it is an offence under clause (n) of that section, with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both;

[(n-(i)) if it is an offence under clause (n-a) of that section, with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both;]

(o) if it is an offence under clause (o) of that section, with fine which may extend to [five hundred rupees];

[(o-(i)) if it is an offence under clause (o-a) of that section, with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both;]

(p) if it is an offence under clause (p) of that section, with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both;

(q) if it is an offence under clause (q) of that section, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both;

(r) if it is an offence under clause (r) of that section, with imprisonment for a term which may extend to two years, or with fine, or with both;

(s) if it is an offence under clause (s) of that section, with imprisonment for a term which may extend to three years, or with fine, or with both;

Chapter XIII

Appeals, Review and Revision

(a) proof of facts by affidavit,

(b) summoning and enforcing the attendance of any person and examining him on oath;

(c) compelling the production of documents, and

(d) issuing commissions for the examination of witnesses.

(a) if made or sanctioned or approved by the Registrar, or an Additional or Joint Registrar on whom powers of the Registrar are conferred, to the State Government.

(b) if made or sanctioned by any person other than the Registrar, or an Additional or Joint Registrar on whom the powers of the Registrar are conferred, to the Registrar.

(a) to the State Government if the order was made with the sanction or approval of the Registrar, and

(b) to the Registrar in any other case.

Chapter XIV

Miscellaneous

(A) Chairman

(i) Minister in charge of the Department dealing with co- operative societies in the State.

(B) Vice-Chairman

[(ii) Minister of State dealing with the Co-operative societies in the State or in the absence of such Minister of State, Deputy Minister dealing with that subject shall be ex-officio Vice-Chairman. If there is neither such Minister of State nor such Deputy Minister, the Vice-Chairman shall be elected by the council from amongst its member :] [Provided that during the operation of a Proclamation issued under clause (1) of Article 356 of the Constitution, the Chairman and the Vice-Chairman shall be appointed by the Governor.]

(iii) Chairman of Apex societies.

(iv) Seven members to be nominated by the State Government out of which one shall be a woman, one a person belonging to a Scheduled Caste and one a person belonging to a Scheduled Tribe.

(v) Three members to be elected by the Members of the Gujarat Legislative Assembly from amongst themselves.

(vi) The Secretary to the Government in the Department dealing with Cooperative societies.

(vii) The Registrar of Co-operative Societies, Gujarat State.

(viii) The Director of Agriculture, Gujarat State.

(ix) The Director of Industries, Gujarat State.

(a) to advise the State Government on all general questions relating to cooperative movement;

(b) to review the co-operative movement and to suggest ways of co- ordinating the activities of co-operative societies in the State;

(c) to suggest ways and means to remove the difficulties experienced by the co-operative societies in the State in their administration.

(d) to make suo motu recommendations to the State Government in regard to any matter relating to the administration of co-operative societies; and

(e) to report to the State Government on such matters as may be referred to it by the State Government for its opinion.

(a) the calling of the meetings of the Council and the procedure at meetings;

(b) duties of the Secretary to the Council;

(c) sub-committees of the Council;

(d) the term of office of nominated members of the Council and travelling allowance and daily allowance admissible to the members of the Council.

(a) any amount due under a decree or order of a Civil Court obtained by a society,

(b) any amount due under a decision, award or order of the Registrar, his nominee or the board of nominees or Liquidator or Tribunal,

(c) any sum awarded by way of costs under this Act,

(d) any sum ordered to be paid under this Act as a contribution to the assets of the society, together with interest, if any, due on such amount or sum and the costs of recovering the same by the attachment and sale or by sale without attachment of the property of the person against whom such decree, decision, award or order has been obtained or passed.

(a) if such failure is committed by a member of the committee of the society in his capacity as a member of such committee, remove him as a member from the committee and appoint any other person as a member of the committee in his place for the remainder of the term of his office;

(b) if such failure is committed by a member of the society not falling under clause (a), remove him as a member of the society;

(c) if such failure is, committed by an employee of the society, direct the society to remove such employee from employment of the society forthwith and if the society fails, without reasonable or sufficient cause to take action in pursuance of such directions, make an order removing such person from employment of the society and thereupon such person shall be deemed to have been removed by the society :

(a) any power exercisable by it under this Act except the power under subsection (1) of Section 153 and Section 168 thereof to the Registrar;

(b) all or any of the Registrar under this Act to any committee constituted or to any co-operative federal society recognised under Section 95 or to an officer of such society or to any panchayat constituted under any law relating to panchayats for the time being in force.

(a) the registration of a society or its bye-laws, or the amendment of its bye-laws, or the dissolution of the committee of a society, or the management of the society on dissolution thereof; or

(b) any dispute required to be referred to the Registrar, or his nominee, or board of nominees, for decision;

(c) any matter concerned with the winding up and dissolution of a society.

(a) for the whole or any part of the State of Gujarat and for any society or class of societies, and

(b) to provide for all matters expressly required or allowed by this Act to be prescribed by rules.

[Schedule]

[See Section 74(C)]

Apex Societies

(1) The Gujarat State Co-operative Land Development Bank Limited.

(2) The Gujarat State Co-operative Bank Limited.

(3) The Gujarat State Co-operative Consumers Federation Limited, Ahmedabad.

(4) The Gujarat Pustkalaya Sahayak Sahakari Mandal Limited, Vododara.

(5) The Gujarat State Co-operative Kheti Sangh Limited, Ahmedabad.

(6) The Gujarat State Poultry Farmers' Co-operative Federation Limited, Bharuch.

(7) The Gujarat State Co-operative Housing Finance Society Limited, Ahmedabad.

(8) The Gujarat Co-operative Milk Marketing Federation Limited, Anand.

(9) The Gujarat State Co-operative Marketing Federation Limited, Ahmedabad.

(10) The Gujarat State Co-operative Cotton Marketing Federation Limited, Ahmedabad.

(11) The Gujarat State Co-operative Oil Seeds Growers' Federation Limited, Bhavnagar.

(12) The Gujarat State Co-operative Oil Industries Limited, Ahmedabad.

(13) The Gujarat State Co-operative Fruits and Vegetable Federation Limited, Bardoli, District Surat.

(14) The Gujarat Industrial Co-operative Bank Limited, Ahmedabad.

(15) The Gujarat State Co-operative Industrial Association Limited, Ahmedabad.

(16) The Gujarat State Mitha Utpadak Sahkari Sangh Limited, Surendranagar],

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