The Chhattisgarh Co-operative Societies Act, 1960

1. (1) This Act may be called the Chhattisgarh Co-operative Societies Act, 1960 (No. 17 of 1961). (2) It extends to the whole of Chhattisgarh. (3) It shall come into force on such date as the State Government may, by notification, appoint.

In this act, unless the context otherwise, requires,- (a) “Additional Registrar” means an Additional Registrar of Co-operative Societies appointed under section 3; (a-i) “Apex Society” means a Society which has as its members more than one Federal or Central societies and whose principal object is to provide facilities for operations of other societies affiliated to it and whose area of operation extends to the whole State of Chhattisgarh; (b) “Assistant Registrar” means an Assistant Registrar of Co-operative Societies appointed under section 3; (b-i) “Area of operation” means the area from which the membership is drawn or as specified in the byelaws of the society; (c) “Bye-laws” means the bye-laws registered or deemed to have been registered under this Act and for the time being in force, and includes a registered amendment of the bye-laws; (c-i) “Central Society” means a District Co-operative Agriculture and Rural Development Bank or any other society whose area of operation is confined to a part of the State and which has as its object the promotion of the objects of the member societies, and which has at least five societies as its members; (c-ii) “Central Co-operative Bank” means a resource society registered or deemed to be registered under this Act, which is either licensed under the Banking Regulation Act, 1949 (10 of 1949) or permitted by the Reserve Bank of India to do banking business till so licensed, and (i) has area of operation confined to a part of the State; and (ii) has as its principal object, the creation of funds and the obtaining of credit, goods or services for and providing credit, goods or services as loan to Co-operative Societies affiliated to it for agriculture, industrial and other allied purposes; (c-iii) “Company” means a Company as defined in section 3 of the Companies Act, 1956 (1 of 1956); (c-iv) “Co-operative Union” means a registered society which has as its principal object the undertaking of co-operative education, propaganda, training and extension of co-operative services; (d) “Committee” means the Board of a management by whatever name called constituted under section 63; (d-i) “Co-operative Bank” means a State Co-operative Bank, a Central Co-operative Bank and a Primary Co-operative Bank, registered or deemed to be registered under the Act; (e) “Co-operative Society with limited liability” means a society having the liability of its members limited by its bye-laws to the amount, if any, unpaid on the shares respectively held by them or to such amount as they may, respectively, undertake to contribute to the assets of the society in the event of its being wound up; (e-i) “Chief Executive” means an individual appointed under section 71 and who subject to superintendence, control and direction of the Committee has been entrusted by the Committee with the management of the affairs of the co-operative; (g) “Consumers’ Society” means a society formed with the object of obtaining or producing and processing and distributing goods to or performing other services for its members, as well as for other customers and dividing amount its members and customers in a proportion as may be laid down in the bye-laws of such society, the profits accruing from such supply, production processing and distribution; (g-i) “delegate” means a person elected by a group of individual members to represent them in the general body of the society in accordance with the bye-laws of the society; (g-ii) “Deposit Insurance and Credit Guarantee Corporation” means the Deposit Insurance and Credit Guarantee Corporation established under the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (No 47 of 1961); (h) “Deputy Registrar” means a Deputy Registrar of Co-operative Societies appointed under section 3; (hh) “Development Bank” means a District Co-operative Agriculture and Rural Development Bank or the Chhattisgarh State Co-operative Agriculture and Rural Development Bank registered or deemed to be registered under this Act; (i) “Family” means a person, his spouse, his children, dependent on him and his other relations dependent on him and jointly residing with him; (j) “Farming Society” means a registered society formed with the object of promoting development of land, better methods of cultivation and promotion of new agricultural technology, and includes a better farming society, tenant farming society, collective farming society, joint farming society, irrigation society, contract farming society and crop promotion society. (k) “Federal Society” means a society of which not less than fifty percent of the share capital, excluding Government share capital is held by societies; (l) “Financing Bank” means a society, the objects of which include the creation of funds to be lent to other societies or its individual members, and which includes a Development Bank and the State Co-operative Bank; (m) “General Society” means a society not falling under any of the heads (i) to (x) specified in sub-section (1) of section 10; (n) “Housing Society” means a society formed with the object of providing its members with residential accommodation; (n-i) “Industrial Society” means a society formed with the objects of promoting development of weavers, carpenters, metal workers, shoe makers or any other Society which aims at producing finished goods from raw materials of any kind; (o) “Joint Registrar” means a Joint Registrar of Co-operative Societies appointed under section 3; (p) “Liquidator” means a person appointed under section 70; (q) “Marketing Society” means a society formed for the purpose of marketing agricultural or other produce and including among its objects, the supply of the requisites of such production; (r) “Member” means a person joining in the application for the registration of a society or a person admitted to membership after registration in accordance with this Act, the rules and the bye-laws applicable to such society and includes the State Government when it subscribes to the share capital of a society; (s) “Multi-purpose Society” means a society which includes amongst its objects any of the primary objects specified in any two or more of the clauses (g), (n), (v) and (y); (t) “Nominal Member” means a person admitted to membership of a society under section 20; (t-i) ; (u) “Other backward classes” means category of persons belonging to backward classes as notified by the State Government; (u-i) “Primary Society” means a society which is neither an Apex Society nor a Central Society; (u-ii) “Primary Agriculture Credit Cooperative Society” means a society organized with the main objective of making credit available for agriculture production and includes a Primary, Service Cooperative Society and Adimjati Sewa Sahakari Samiti; (u-iii) “Primary Co-operative Bank” means a resource society other than a village or urban resource society not registered as bank, the objects of which include creation of funds to be lent to, and obtaining credit to be extended to members and which is licensed under Banking Regulation Act, 1949 (10 of 1949) or permitted by the Reserve Bank of India to do banking business till so licensed; (v) “Producers’ Society” means a society formed with the object of producing and disposing of goods as a collective property of its members and includes a society formed with the object of the collective disposal of the labour of its members; (w) “Processing Society” means a society formed with the object of producing goods by mechanical or manual process and includes an industrial society and a society for the processing of agricultural commodities; (x) “Registrar” means the Registrar of Co-operative Societies appointed under section 3; (x-i) “Representative” means a member of the society to represent the society in other societies; (x-ii) “Reserve Bank” means the Reserve Bank of India established under the Reserve Bank of India Act, 1934 (No. 2 of 1934): (y) “Resource Society” means a society formed with the object of obtaining for its members the credit, goods or services required by them and includes a service society and a primary credit society; (y-i) “Returning Officer” means an officer appointed by the Registrar general or special order for performing the duties of a Returning Officer under this Act or the rules made there under and includes an officer subordinate to the Returning Officer nominated in writing by him to perform the duties of Returning Officer; (y-ii) “Scheduled Area” means the area which has been declared under the Scheduled Area (State of Bihar, Gujrat, Madhya Pradesh & Orissa ) Order, 1977; (z) “Society” means a co-operative society registered or deemed to be registered under the Act; (z-i) “Specified Office” means the office of the President or Vice-president whatever the designation may be; (aa) “State Co-operative Bank” means the Chhattisgarh State Co-operative Bank Limited; (bb) “Student” means a person studying in any educational, vocational or training institution;

In Section 2 of the Principal Act,- (i) In clause (y-i), the word "Registrar", shall be substituted, by the following words- "State Election Commission" (ii) After clause (b-i), the following clause shall be added, namely:-- "(b-ii) "Authorized Person" means a person authorized by Registrar to act on his behalf under this Act;" (iii) Clause (z) shall be substituted, by the following:- "(z) "Co-operative Society" means a Co-operative society registered or deemed to be registered under this Act" (iv) The Clause (d) shall be substituted by the following:- (d) "Board" means the board of directors or the governing body of a co-operative society, by whatever name called, to which the direction and control of the management of the affairs of a society is entrusted to; (v) clause (t-i), shall be substituted, by the following:- (t-i) "Officer" means a person appointed by the society to discharge the function assigned by the society and includes any officer posted on deputation; (vi) After clause (t-i), the following clause (t-ia) shall be inserted, namely:- (t-ia) "office bearer" means a President, Vice-President, Chairperson, Vice-Chairperson, Secretary or Treasurer of a co-operative society and includes any other person to be elected by the board of any co-operative society; (vii) After clause (bb), the following clauses shall be added, namely:- "(cc) "Scheduled Castes" means the Scheduled Castes specified in relation to this State under Article 341 of the Constitution of India; (dd) "Scheduled Tribes" means the Scheduled Tribes specified in relation to this State under Article 342 of the Constitution of India; (ee) "Tribunal" means the Chhattisgarh State Co-operative Tribunal constituted under Section 77. (ff) "Multi-State co-operative society" means a society registered or deemed to be registered under the Multi-State co-operative societies Act 2002 (No 39 of 2002) (gg) "State level co-operative society" means a co-operative society having its area of operation extending to the whole of the State. (hh) "Administrator" means a person appointed by Registrar with such terms and conditions to manage the affairs of the societies during the period in which the board of society is kept under supersession or suspension. (ii) "Functional Director" means a Director other than elected and co-opted of the board, having functional responsibilities but representing the board of directors, such as Managing Director, Additional Managing Director, Director Finance, Director Marketing, Secretary and other functional Officer etc; (jj) "State Election Commission" means an authority or body referred to in article 243K of Constitution of India, for the purpose of superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to a co-operative society.

For Section 50-B of the Principal Act, the following shall be substituted, namely:-"50-B. State Co-operative Election Commission.- (1) There shall be a State Co-operative Election Commission (hereinafter referred to as the State Election Commission) for the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to a co-operative society under the provision of this Act and rules made thereunder. (2) The State Government shall appoint any officer of the Indian Administrative Service not below the rank of Principal Secretary, who has served in the Government of Chhattisgarh, as the State Co-operative Election Commissioner to conduct all elections to co-operative societies under this Act or rules made thereunder. (3) The qualification, disqualification, term and conditions of service of the State Co-operative Election Commissioner shall be such as may be prescribed. (4) The State Government shall appoint on deputation any person, holding a post not below the rank of Deputy Registrar, as the Secretary to the Commission. (5) (a) The State Government shall provide the Commission with such officers and staff, as may be necessary, for the performance of its functions. (b) The Commission shall appoint a Returning Officer in the manner, as may be prescribed, to conduct election to the Board of a society and its office-bearers and also to fill up casual vacancies as provided in Section 49 of this Act and the Commission, if it thinks necessary, may also appoint zonal or other officers for the purpose of supervision and control of election. (6) The Commission shall notify the code of conduct to be followed by the candidates, functionaries engaged in the process of election and others for enabling free and fair election. (7) The Commission shall have the powers to seek requisition of the services of other officers for aiding and assisting in the election and such requisitioned Officers shall be under the overall supervision and control of the Commission during the election. (8) (a) The election of members of the Board of Directors shall be conducted before the expiry of the term of Board of Directors, so as to ensure that the newly elected members of the Board of Directors assume office immediately on the expiry of the term of members of the outgoing Board of Directors. (b) The Commission shall conduct elections of all co-operative societies registered under the Act in such manner, as may be prescribed. (c) The outgoing Board of every co-operative society shall send a written request in such manner, as may be prescribed, to the Commission to conduct the election of its Board within six months prior to the expiry of the term of the existing Board. (d) On receipt of the request under clause (c), the Commission shall ensure that the election is conducted before the expiry of the term of existing Board. (e) It shall be the duty of the Board to ensure that all information, books and records, which may be required by the Commission for the purpose of election, are kept up dated and made available in time to the Commission or any official authorized by it for this purpose. (f) The Board shall also ensure that all assistance to the Commission is provided as and when required by it for conduct of the election. (9) All expenses incurred in conducting elections of the Board shall be paid to the Commission, in advance, by the State Government and the same shall be recovered from such society by the State Government in the manner as may be prescribed by it. (10) The Commission may issue such instructions to the Board or its members, which it may consider reasonable for conducting free and fair election and such instructions issued under this Section shall be binding on Board or its members."

After sub-section (3) of Section 53-B of the Principal Act, the following shall be added, namely :-"(4)(i) If in the opinion of the Registrar any salaried officer of the co-operative society willfully and persistently violates the provisions of this Act or Rules made thereunder, bye-laws of the society or any order passed by him or has by fraudulent act caused financial loss to the society,- (a) then he may, without prejudice to any other action that may be taken against such officer, call upon the society to take action against such officer; and (b) whereupon the society shall, after affording reasonable opportunity of being heard to such officer, pass such order within such period as may be specified by the Registrar. (ii) In the case of failure of the society to take action under clause (i) of sub-section (4), the Registrar may, after affording reasonable opportunity of being heard to such officer, impose such major penalty on such officer as he may deem fit. Explanation.- "major penalty" may be the order of demotion from the present post held, compulsory retirement or termination from the service. (iii) Any salaried officer punished or removed under clause (i) or (ii) of sub-section (4) shall be deemed to have been punished under the relevant provisions of the service rules of the concerned society; and in case of his compulsory retirement or termination from the services, such officer shall not be eligible to hold any office of any co-operative society: Provided that the powers conferred on the Registrar under sub-section (4) of this Section shall not be delegated to any officer below the rank of Joint Registrar: Provided further that the vacancy arising out of the removal of such salaried officer under this sub-section shall be filled immediately by the Appointing Authority or the Registrar, as the case may be."

1. (1) No society, other than a society of which another society is a member, shall be registered under this Act unless it consists of at least twenty persons competent to contract under section 11 of the Indian Contract Act, 1872( 9 of 1872) and belonging to twenty different families, not being near relations and, where the objects of the society include the creation of funds to be lent to its members, unless such persons, save where the Registrar by general or special order otherwise directs, reside in the same town or village or in a compact group of villages.Provided that a society formed exclusively for the benefit of students may be registered, notwithstanding that the members of such society may not have attained the age of majority according to the law to which they are subject:Provided further that the Registrar may relax the condition of minimum membership to that society which is organized for the welfare of the employees of any organization / establishment.Provided also that in case of a primary society, there shall be atleast 33 per cent, women members at the time of registration:Provided also that the Registrar may, for sufficient reasons, relax the conditions of the prescribed percentage of women members,(2) The word “limited” or its equivalent in any Indian language shall be the last word in the name of every society registered with limited liability under this Act.

In Section 49 of the Principal Act,-(i) In sub-section ( 1 ), for the words "three month before" the words "a period of six months of' shall be substituted. (ii) In suh-section {I). after clause (fl. the following ,:lausc shall he added. - namely:-(g l appointment of Auditor for next linancial year." (iii) After proviso to suh-scction (7-A) (i). 1hc following proviso shall he inserted. namely :-" Provided further that the hoard may lill a casual vacancy on the hoard hy nomination out of the same class of mcmhcrs in respect of which the casual vacancy has arisen. if the term of hoard is less than half of its original term." (iv l For suh-section (8), the following shall he suhstitl!ltcd. namely:-"(8) Notwithstanding anything contained in this Act or Rules made there-under the election of a hoard shall he conducted he fore the expiry of the term of the hoard. If the elections arc not held hcforc the expiry of the term. or hoard of society ceases lo function Jue to the order of any court or otherwise all the memhcrs of the hoard shall he deemed to have vacated their scats and the powers of the hoard shall he deemed to have hccn vested in the Rcg:is1rar and the State Election Commission shall hold elections within six months. or twelve months in case of the Co-operative Banks: Provided that the Rcgi~trar may authori1e any ofliccr to exercise the powers of the hoard vested in him under this suh-scction and the onicer so auth! .. -cd shall exercise such powers form the date of such authorization:·

Where in connection with the formation, registration or continuance of a society or the admission of a person as a member of a society any question arises whether a person is an agriculturist or not or whether any person resides in a particular area or not or whether any person belongs to any particular class or occupation or not or such other question pertaining to the eligibility of any person to become a member of a society, such question shall be decided by the Registrar and his decision shall be final.

After Section 50-A of the Principal Act, the following shall he added. namdy:-"50-B. State Election Commission.-( 1) State Government may hy notilication in the Orlicial Gazelle Au-thorize State Election Commission to conduct Election of co-op-erative Societies and preparation of electoral rolls.(2) State Election Commission shall in consultation with State Govermcnt appoint such numhcrs of officers and other staff as may he required for condw.:ting election in respect of co-operative soci-eties;(3) In exercise of power under this scctior). the state election commis-sion shall Jctcrminc the duties and rcsponsihilitics as well as the powers that may he cxcrdscd hy such olfo.:crs and the staff refer tn in sub-section (2 r. as the commission may d1.-cm fit for l.!onduc~ing the decrion.i 4 l The State Gtwcrrncnr Slmll. in consultation with the State del.!tion commi-ssion make rules for the pr~purntilrn of dectoral rolls for CllnJucrrng dcl.!tions to aJI co-opcrntivc so..:ictic~.( 5) -The process of Elcction to co-operative socicti\!s al1li the powers of rcturning office shall he as may be notified- hy the c~>mmission for the fl\lrpose.+(6) The commission.shall notify 1he code or conducl to he followed hy the candidates. others and functionaries engaged in the process of election for in enahling free and fair election.(7) The commission shall also he empowered to requisition the ser-vices of other officers 10 aid and assist in the election. and such requestioned orticcrs will he under the ove.r all supervisions in con-trol of commission during the election.(8)(a) ll shall he obligatory on the president. Chairman and Func-tional Director of every co-operative society lo notify state election commission about election and it shall he the duty of functional director to ensure thal the request for holding elections is made availahle to the commission in time to enable the commission to conducl eh:ction : (h) On receipt of the request. as laid down under suh-section (>)(a) the Commission shall ensure that 1he election be held before the expiration of the term of ex isling hoard: (c) It shall be the duty or the board of the society to ensure that all information. books and records are kept upto date and are being made availaole from time to time to the Commission or any person authorized by him in this behalf as may be required/expected hy him for the purpose of election: (d) The Board of the society shall also ensure that all such assistance is being made available to Commission by the society as may he expected hy him in this regard to conduct elections:(9) All expenses incurred in conducting the elections of the board of any society shall be borne hy the society concerned.( 10) The Commission may issue such instructions to the hoard or its members which it may consider reasonable for conducting free and fair election. Instructions issued under this section hy the Commission shall he binding on them.

After Section 9 of the Principal Act, the following shall be added, namely:-"9-A. Saving of existing Co-operative Societies - (1) Notwithstanding anything contained in this Act, the Co-operative Society registered under Chhattisgarh Sawayatta Sahakarita Adhiniyam, 1999 (repealed Act), shall be deemed to have registered under the corresponding provisions of this Act and bye-laws framed thereof, so far as the same are not inconsistent with the express provisions of this Act, shall continue to be in force until altered or rescinded. (2) Every Co-operative society registered under this Act shall, within a period of six months from the date of coming into force of this Act, delete or amend such bye-laws, as are inconsistent with the provisions of this amending Act and make such further bye-laws as may be necessary, having regard to the provisions of this and previous amending Act."

1. (1) In sub-section (3) of section 80 of the principal Act, for the words "every such order", the words "every such order, except an order refusing to register a society" shall be substituted.
2. (2) In sub-section (4) of section 80 of the principal Act, the words "after giving the society a reasonable opportunity of being heard" shall be omitted.
3. (3) After sub-section (4) of section 80 of the principal Act, the following sub-sections shall be inserted, namely:-
4. (5) The Registrar may after giving the society a reasonable opportunity of being heard, if he is satisfied that the order referred to in sub-section (1) was obtained by fraud, concealment of facts or any other collusive means, cancel the order and the registration of the society.
5. (6) The Registrar may, after giving the society a reasonable opportunity of being heard, if he is satisfied that the society has ceased to function and has not applied for extension of time for commencement of business, or has not commenced business within the period specified in bye-laws, cancel the registration of the society.
6. (7) The Registrar may, if he is satisfied that the society has not commenced business or has ceased to function or has not applied for renewal of registration, cancel the registration of the society.
7. (8) An appeal against any order made under sub-section (5), (6) or (7) shall lie to the State Government within thirty days from the date of communication of the order.
8. (9) The State Government may, either on its own motion or on application, call for and examine the record of any proceedings before the Registrar in which an order has been passed under subsection (5), (6) or (7) for the purpose of satisfying itself as to the correctness, legality or propriety of such order or as to the regularity of such proceedings and may pass such order in reference thereto as it thinks fit.
9. (10) The Registrar may, for the purpose of ensuring that the society acts in accordance with the provisions of this Act or rules or bye-laws, or that the affairs of the society are not conducted in a manner prejudicial to the interest of the society or its members, or for ensuring the financial stability of the society, pass orders as he may deem fit.

1. (1) In sub-section (1) of section 81 of the principal Act, for the clause (i), the following clause shall be substituted, namely:-
   • (i) the society, or any member, officer or employee of the society acting in the name of the society, or any person, or group of persons representing the society.
2. (2) In sub-section (1) of section 81 of the principal Act, for clause (iii), following clause shall be substituted, namely:-
   • (iii) any person, being or having been an officer, liquidator or member of a society who has made any payment or delivery of any property in contravention of the provisions of this Act, rules or bye-laws.
3. (3) In sub-section (3) of section 81 of the principal Act, for the proviso, the following proviso shall be substituted, namely:- "(3) The order made by the Registrar under this section for the recovery of any sum or property shall be final and shall not be questioned in any Court."
4. (4) After sub-section (13) of section 81 of the principal Act, the following sub-sections shall be inserted, namely:- "(14) The Registrar shall have power to:-
   • (a) direct the society or its officer to produce such books, accounts, documents, records and register as he may think necessary for the purpose of inquiry or investigation;
   • (b) summon any person or group of persons as he may consider necessary to appear before him and to examine them on oath or by affirmation; and
   • (c) pass such interim orders as he may consider necessary pending the completion of the inquiry or investigation."

1. (1) Not-withstanding anything contained in this Act, or the rules or byelaws, on the request of more than fifty per cent of the members of the society or if the Registrar considers that an amendment of the byelaws of society is necessary or desirable in the interest of such society, he may, by an order in writing to be served on the society in the prescribed manner, require the society to make the amendment within sixty days.(2) If the society fails to make the amendment within the time specified by the Registrar, the Registrar may after giving the society an opportunity of being heard and after soliciting the opinion of such Apex Federal Society, as may be notified by the State Government, register such amendment and issue a certified copy there of to such society:Provided that the provisions of this section shall not apply in the case of Urban Co-operative

1. (1) In sub-section (1) of section 83, the words, figures and brackets "clause (i) of sub-section (1) of section 82" shall be omitted.
2. (2) In sub-section (2) of section 83, for the words "the State Government shall, by notification, constitute", the words "the State Government shall, by notification, constitute or authorise the Registrar to constitute" shall be substituted.
3. (3) In sub-section (3) of section 83, for the words "The Co-operative Tribunal so constituted", the words "The Co-operative Tribunal, as the case may be, constituted" shall be substituted.
4. (4) In sub-section (4) of section 83, for the words "any dispute referred to", the words "any dispute, matter or proceedings referred to" shall be substituted.

In the Chhattisgarh Co-operative Societies Act, 1960 (No. 17 of 1961), (hereinafter referred to as the Principal Act), in section 58, for the existing provisos, the following provisos shall be substituted, namely:-

1. (27) In section 58, in the existing provisos, (i) for the words "Provided that" the words "Provided that the Registrar shall" shall be substituted.
2. (28) In section 58, the following provisos shall be added at the end, namely:- "58. Power to Seize Records.-
3. (1) Where the Registrar or any person authorized by him in this behalf is satisfied that the books and records of a society are likely to be suppressed, tampered with or destroyed, or the funds and property of a society are likely to be misappropriated or misapplied, he may apply to the nearest Magistrate having jurisdiction to seize and take possession of the records and property of the society.
4. (2) On receipt of an application under sub-section (1), the Magistrate may authorize any police officer, not below the rank of a Sub-Inspector, to enter and search any place where the records and property are kept or are likely to be kept, and to seize them in the presence of the Registrar or the person authorized by him.
5. (3) The Magistrate or the officer authorized by him, shall prepare a list of the records and property so seized and shall deliver a copy thereof to the society. The Registrar or the person authorized by him shall be responsible for the safe custody of the records and property so seized, until they are returned to the management of the society or to the person entitled to retain them in accordance with the provisions of this Act.
6. (4) Where the Registrar or the person authorized by him in this behalf is of the opinion that the books and records or property of the society are in the custody of any person, he may, by order in writing, direct such person to produce them before him or before such other officer as he may authorize in this behalf and such person shall comply with the direction: Provided that: (i) If such person fails to comply with the direction, the Registrar or the person authorized by him may apply to the nearest Magistrate having jurisdiction to seize and take possession of the records and property of the society; (ii) The provisions of sub-section (2) shall apply to the seizure of such records and property; (iii) The person from whose custody the records and property are seized shall be entitled to receive a copy of the list of such records and property.
7. (5) The application under sub-section (1) shall contain the grounds for the belief that the records or property are likely to be suppressed, tampered with, destroyed, misappropriated or misapplied and the list of the records and property proposed to be seized; and the Magistrate, if satisfied that there is a prima facie case, shall order the police officer to seize the records and property.
8. (6) While seizing the records and property, the police officer shall prepare a list of the records and property in the presence of two witnesses and the officer authorized by the Registrar, and shall obtain the signatures of the witnesses and the officer on the list. The police officer shall also give a copy of the list to the person from whose custody the records and property were seized.
9. (7) The police officer shall submit a report of the seizure to the Magistrate within 24 hours of the seizure. After the seizure, the Registrar or the person authorized by him shall be responsible for the safe custody of the records and property, in accordance with the provisions of this Act."

1. (1) Subject to the provisions of section 11, a society may by an amendment of its bye-laws change its liability from limited to unlimited or from unlimited to limited. (2) No such amendment shall be registered by the Registrar unless he is satisfied that,- (i) Twenty-one day’s notice has been given to every member of the society and to any person or class of persons whose interest may, in the opinion of the Registrar, be affected by the change; and (ii) With respect to every such member or person who, in the opinion of the Registrar, is entitled to notice,- (a) either his assent has been obtained to the change or is deemed to have been obtained by virtue of his failure to object within twenty one days from the date of the notice, (b) if he objects; (i) he is allowed to withdraw his share if he is a member, or (ii) that his debt or claim has been discharged or has been determined or has been secured to the satisfaction of the Registrar within three month from the date of receipt of objection if he is a creditor: Provided that the Registrar may in the case of any person or class of persons, for special reasons, to be recorded, dispense with the notice required by this sub-section.

1. (1) In this section - (a) "affected society" means a society which decides to reconstruct itself in any of the manners specified in sub-section (2); and (b) "resulting society" means a society which- (1) is formed as a result of amalgamation under clause (a) of sub-section (2); or (2) to which the assets and liabilities of affected societies have been transferred in whole or in part under clause (b) of sub-section (2); or (3) is formed as a result of division under clause (c) of sub-section (2); or (4) is formed as a result of change of class as provided in clause (d) of sub-section (2). (2) A society may, by a resolution passed by a two-thirds majority of the members present and voting at a special general meeting convened for the purpose, decide to reconstruct itself by- (a) amalgamating itself with any other society; or (b) transferring its assets and liabilities in whole or in part to any other society; or (c) dividing itself into two or more societies; or (d) converting itself into a class of society whose objects are substantially different from that of the class of society under which it was classified under this Act: Provided that no such decision shall be effective unless it is approved by the Registrar: Provided further that in case of a co-operative bank, the Registrar shall give his approval only with the prior written consent of the Reserve Bank and not otherwise. (3) Notwithstanding anything contained in sub-section (2), where the Registrar is satisfied that it is essential in the public interest or in the interest of the members of the affected societies or necessary to ensure the proper management of any society, he may direct that any society or societies reconstruct itself/themselves in one or more of the manners indicated in sub-section (2): Provided that in case of a co-operative bank, the Registrar shall issue any direction only with the prior written consent of the Reserve Bank and not otherwise: Provided further that before final order is issued by the Registrar under this section, each concerned society shall be given an opportunity to express its opinion on the proposals of reconstruction. (4) The procedure of reconstruction of a society in accordance with the decision under sub-section (2) or the direction of the Registrar under sub-section (3), as the case may be, shall be such as may be prescribed. (5) If the interests of any person are likely to be affected in any manner by such reconstruction under sub-section (2) or (3), notice of the same (such reconstruction) shall be given to all such persons and every such person shall be given the option to become a member of the resulting society or societies or to demand payment of his share or interest or dues in respect of the affected society, and this option shall be exercised within one month from the date of issue of such notice. (6) No reconstruction shall be final unless the consent has been obtained of every such person whose interest is likely to be affected or is deemed to be obtained on the basis of non-exercise of the option given to him by him, and in addition, unless all the claims of the persons who have exercised the option of demanding payment of their shares or interests or dues under sub-section (5) have been fully met. (7) Every resulting society under this section shall have such constitution, property, powers, rights, privileges, duties and obligations as may be specified in the scheme of reconstruction and every scheme of reconstruction shall contain such consequential, incidental and supplemental provisions as, in the opinion of the Registrar, are necessary to carry out such scheme. (8) Notwithstanding anything contained in the Transfer of Property Act, 1882 (Act No. 4 of 1882) or the Indian Registration Act, 1908 (Act No. 16 of 1908), any resolution of a society which has been approved by the Registrar under sub-section (2) or any order passed by the Registrar under sub-section (3) shall be a sufficient conveyance to vest the assets and liabilities of every affected society in the concerned resulting society or societies and such vesting shall take place subject to the provisions of the scheme of reconstruction. (9) Reconstruction of societies shall not in any manner affect any right or obligation of the resulting society or societies or render defective any legal proceedings by or against that society or those societies, and any such legal proceedings which prior to reconstruction could have been continued or commenced by or against that society or those societies as the case may be, may be continued or commenced by or against the resulting society or societies. (10) Where two or more societies have been amalgamated or a society has been divided or converted, the registration of such society or societies shall be deemed to have been cancelled on the date of registration of the amalgamated society or the converted society or those new societies into which that society has been divided. (11) Where a development bank is reconstructed by amalgamating it with a central bank, such amalgamated bank shall be deemed to be a development bank under the law for the time being in force relating to development banks in respect of all transactions relating to the business of that development bank as are to be done on or after such amalgamation. Explanation.- For the purposes of this section, "central bank" means any society which has as a part of its name the words "central bank" or "district bank" and the main object of which is to finance those societies which are its members and are situated within any specified area. (12) Every such scheme of reconstruction shall be published in the Gazette for general information.

Any society may, enter into the collaboration with any Government Undertaking or any undertaking approved by the State Government for carrying on any specific business including industrial investment, financial aid or marketing and management expertise.

Any two or more societies may by resolution passed at general meeting by a majority of members present and voting in each such society enter into a contract of a partnership for carrying out any specific business permissible under the byelaws on such terms and conditions as may be mutually agreed upon. Where such partnership requires creation of a new organization, the participating society shall be its members.

1. (1) Notwithstanding anything contained in this Act or the Rules made thereunder, if the State Government, on receipt of a report from the Registrar or otherwise, is satisfied that in the public interest it is necessary to reorganize any society or societies for the purpose of securing proper implementation of development programmes, the State Government, as it may deem necessary, may make such scheme of reorganisation and issue orders to implement above scheme: Provided that in case of a Co-operative Bank, prior sanction in writing of the Reserve Bank shall be necessary. (2) There shall be the provisions in scheme of reorganisation regarding :- (a) Method of reorganization; (b) Procedure for reorganization; (c)Membership, registration, management, assets and liabilities, powers, rights, interests, duties, staff and conditions of employment of such society or societies which are made after reorganisation ; (d) Such other consequential, incidental and supplementary provisions as may be necessary; (e) Any other subject as may be deemed necessary by the State Government. (3) The State Government may modify or cancel any reorganisation scheme made under sub-section (1). (4) The provisions regarding every reorganisation scheme and the orders issued by the State Government shall be binding upon the interested parties. (5) Every scheme of such reorganisation shall be published in the official Gazette for general information.

1. (1) Notwithstanding anything contained in this Act or in the rules made thereunder, if the State Government is satisfied, upon receipt of a report from the Registrar or otherwise, that for the purpose of ensuring the proper implementation of development programmes in public interest, it is necessary to reorganize a society or societies, the State Government may make such scheme for reorganization as it thinks necessary and may issue orders for implementing the said scheme: Provided that, in the case of any co-operative bank, the prior written consent of the Reserve Bank shall be required. (2) The scheme of reorganization shall contain the provisions in respect of the following: (a) Manner of reorganization; (b) Procedure of reorganization; (c) Membership, registration, management, assets and liabilities, powers, rights, interests, duties, terms of service of staff of such society or societies formed after reorganization; (d) Such other consequential, incidental and supplemental provisions as may be necessary; (e) Such other matters as may be deemed necessary by the State Government. (3) The State Government may modify or rescind any orders issued or reorganization scheme made under sub-section (1). (4) The provisions in respect of every scheme of reorganization and the order issued by the State Government shall be binding on the concerned parties. (5) Every such scheme of reorganization shall be published in the Gazette for the information of the public.

1. (1) Notwithstanding anything contained in this Act or in the rules made thereunder, where (a) a compromise or arrangement is proposed between a society and its creditors or any class of them; and (b) a compromise or arrangement is proposed between a society and its members or any class of them, 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, on the application of the liquidator, order such meeting of the members or creditors or both, as the case may be, to be called, held and conducted in such manner as may be prescribed: Provided that the Registrar may, for the purpose of making any compromise or arrangement, also order a meeting to be called suo motu. (2) If a majority in number representing three-fourths of the members or, as the case may be, the creditors, who are present and voting in person at the meeting, agree to any compromise or arrangement, the compromise or arrangement shall, if confirmed by the Registrar, be binding on all members or all creditors, as the case may be, and also on the society or, in the case of a society which is being wound up, on the liquidator: Provided that the Registrar shall not confirm any compromise or arrangement unless he is satisfied that all those members or creditors whose interests are affected by such compromise or arrangement had received notice of such meeting: Provided further that in the case of a co-operative bank, the Registrar shall confirm the compromise or arrangement only with the prior written sanction of the Reserve Bank and not otherwise. (3) When any order for calling a meeting to consider any compromise or arrangement between a society and its creditors or any class of them is passed under sub-section (1) or its proviso, the Registrar may give notice of such order to the civil court in which any proceedings in respect of any such liability of the society as is due to any such creditor, to whom a copy of the said order has been sent, are pending, whether the said proceedings were instituted before or after the said order, and upon receipt of such notice, the civil court shall stay those proceedings. If any such compromise or arrangement is not confirmed under sub-section (2), the Registrar shall inform the civil court accordingly and the proceedings which were stayed shall be resumed. (4) If any compromise or arrangement between a society and its creditors or any class of them is confirmed under sub-section (2), the proceedings, if any, which were stayed under sub-section (3) shall abate and no proceedings shall be entertained in any civil court in respect of any such liability of the society as is involved in that compromise or arrangement. (5) The Registrar, with the prior approval of the State Government, may grant exemption to any class of creditors from the operation of this section or any of its provisions. (6) No such compromise or arrangement, which has been confirmed by the Registrar, shall be questioned in any civil court. (7) If any creditor, in respect of whom a compromise or arrangement has been confirmed by the Registrar under sub-section (2), does not receive the amount due to him under such compromise or arrangement after due notice has been given to him for doing so, within the period specified in such notice, such society or liquidator, as the case may be, shall deposit that amount in such manner as may be directed by the Registrar, and on such deposit being made, it shall be deemed that the payment of that amount, which was due to the creditor under that compromise or arrangement, has been made up to the extent of the deposit. (8) Any compromise or arrangement, which has been made between a society and its creditors or any class of them and has been confirmed by the Registrar under sub-section (2), shall cease to operate as soon as the entire amount of the liability determined under it, whether under the provisions of this section or otherwise, has been paid or deemed to have been paid, even if the period originally fixed for the discharge of such liability has not expired. (9) After such compromise or arrangement ceases to operate, no further claim shall remain against such society or against any such movable or immovable property which that society may acquire subsequently, in respect of the liability which was the subject matter of the said compromise or arrangement and the society shall be free to carry on its normal business.

Where an order of moratorium has been made by the Central Government under sub-section (2) of section 45 of the Banking Regulation Act, 1949 (No. 10 of 1949) in respect of Co-operative Bank, the Registrar with the previous approval of the Reserve Bank in writing may, during the period of moratorium, prepare a scheme,- (i) for the reconstruction or re-organisation of the Co-operative Bank; or (ii) for the amalgamation of the Co-operative Bank with any other Bank.

Notwithstanding anything contained in this Act, where a Co-operative Bank being an insured bank within the meaning of the Deposit Insurance Corporation Act, 1961 (No.47 of 1961) is amalgamated or in respect of which a scheme of compromise or arrangement or of reconstruction or reorganisation has been sanctioned and the Deposit Insurance Corporation has become liable to pay to the depositors of the insured bank under sub-section (2) of section 16 of that Act, the bank with which such insured bank is amalgamated or the new Co-operative bank formed after such amalgamation or, as the case may be, the insured bank or transferee bank shall be under an obligation to repay to the Deposit Insurance Corporation in the circumstances, to the extent and in the manner referred to in section 21 of the Deposit Insurance Corporation Act, 1961 (No. 47 of 1961)

Where an order of moratorium has been made in respect of a co-operative bank under sub-section (2) of section 45 of the Banking Regulation Act, 1949 (No. 10 of 1949) by the Central Government, the Registrar may, with the prior written approval of the Reserve Bank, during the period of moratorium (i) prepare a scheme for the reconstruction or reorganization of the co-operative bank; or (ii) prepare a scheme for the amalgamation of the co-operative bank with any other bank.

Notwithstanding anything contained in this Act, where any such co-operative bank, which is an insured bank within the meaning of the Deposit Insurance Corporation Act, 1961 (No. 47 of 1961), is amalgamated or in relation to which a compromise or arrangement or scheme of reconstruction or reorganization has been approved and the Deposit Insurance Corporation has become liable to pay to the depositors of the insured bank under sub-section (2) of section 16 of that Act, the bank with which such insured bank has been amalgamated, or the new co-operative bank formed after such amalgamation, or the insured bank or the transferee bank, as the case may be, shall be subject to the obligation of the Deposit Insurance Corporation to make repayment to the extent and in the manner as specified in section 21 of the Deposit Insurance Corporation Act, 1961 (No. 47 of 1961).

1. (1) If a society transfers its entire assets and liabilities to any other society or merges with any other society or divides itself into two or more societies or its registration is terminated under the provisions of sub-section (1) of section 18A or the society is wound up under section 69, the Registrar shall pass an order for the cancellation of the registration of such society. The society shall be deemed to be dissolved from the date of such order of cancellation and shall not exist as a body corporate. (2) Notwithstanding anything contained in this Act, if any proceedings relating to the winding up or dissolution of a society are pending immediately before the commencement of this Act, such proceedings shall be disposed of after such commencement in accordance with the provisions of the law under which such society was registered or deemed to have been registered.

1. (1) If the Registrar is satisfied that any society is registered on misrepresentation made by applicants, or where the work of the society is completed or the purposes for which the society has been registered are not served, he may, after giving an opportunity of being heard to the committee, de-register the society. (2) When a society is de-registered under the provisions of sub-section (1), the Registrar may, notwithstanding anything contained in this Act, make such incidental and consequential order including appointment of official assignee as the circumstances may require. (3) Subject to the rules made under this Act, the official assignee shall realize the assets and liquidate the liabilities within a period of one year from the date he takes over the charge of property, assets, books, records and other documents. The period aforesaid may, at the discretion of the Registrar, be extended from time to time, so however, that the total period does not exceed three years in the aggregate. (4) The official assignee shall be paid such remuneration and allowances as may be prescribed. (5) The powers of the Registrar under sub-section (1) and (2) shall not be exercised by any officer below the rank of a Joint Registrar of Co-operative Societies.

1. (1) If the Registrar is satisfied that a society has been registered on the basis of misrepresentation by its applicants or that the work of the society has been completed or the purposes for which the society was registered are not being fulfilled, he may, after giving an opportunity of hearing to its main promoter committee and members of the society, terminate the registration of the society: Provided that where the number of members of the society is so large and it is not possible to confirm the exact address of all such members from the records of the Registrar's office and in the opinion of the Registrar it is not practicable to give notice of hearing to all such members individually, in such a situation, public notice of the proceedings for the termination of registration shall be given in the prescribed manner and such notice shall be deemed to have been given to all members of the society including the members of the committee of the society and the main promoter and no proceedings in relation to the termination of the registration of the society shall be questioned only on the ground that notice was not given to any member individually. (2) Where the registration of a society has been terminated under the provisions of sub-section (1), the Registrar, notwithstanding anything contained in this Act, may pass such incidental and consequential orders, including the appointment of a Government assignee, as required by the circumstances. (3) Subject to the rules made under this Act, the Government assignee shall, within a period of one year from the date of taking charge of properties, assets, books, records and other documents, perform the recovery of assets and the winding up of liabilities. The aforementioned period may be extended from time to time as per the discretion of the Registrar, provided that such period shall not exceed three years in total. (4) The Government assignee shall be paid such remuneration and allowances as may be prescribed. (5) The powers of the Registrar under sub-sections (1) and (2) shall not be exercised by an officer lower than the rank of Joint Registrar of Co-operative Societies.

1. (1) No persons shall be admitted as a member of a society except the following, namely:- (a) an individual competent to contract under section 11 of the Indian Contract Act, 1872 (No. 9 of 1872); (b) any other society; (c) a public trust registered under the Chhattisgarh Public Trusts Act, 1951 (No. 30 of 1951); (d) a firm, company or any other body corporate, not having minors as partners or directors, registered established or constituted, as the case may be, under any law for the time being in force; (e) a society registered under the Chhattisgarh Societies Registration Act, 1959 (No. 1 of 1960), as may be approved by the State Government in this behalf by general or special order; (f) the State Government: Provided that the provisions of clause (a) shall not apply to,– (i) an individual seeking admission to a society exclusively formed for the benefit of students; (ii) a minor acting through a guardian appointed by the Court. (2) Notwithstanding anything to contrary in this Act or rules or in the byelaws of a society, where the State Government has contributed to the share capital of a society, the liability of the State Government shall be limited to the face value of the shares held by it. (2-A) Notwithstanding anything contained in this Act or rules made there under or in the byelaws of a resource society or consumers society, as the case may be, if any person duly qualified for admission as a member under the provisions of this Act and the byelaws of that Society makes an application for membership of such Society he shall be deemed to have been admitted as a member of such Society from the date of receipt of the application in the office thereof; Provided that the Registrar may, either on his own motion at any time or on an application by

No person shall be eligible for admission as member and any member shall cease to be a member of a society, if – (a) he is an applicant to be adjudicated or is an un-discharged insolvent; (b) he has been sentenced for an offence involving moral turpitude and a period of five years has not elapsed from the date of expiry of sentence; (bb) he has been sentenced for an offence under the provisions of the Protection of Civil Rights Act, 1955 (No. 22 of 1955) and a period of six years has not elapsed from the date of expiry of sentence; (c) he or any member of his family, having common interest with him, carries on business similar to one carried on by the society: Provided that the provisions of clause (b) shall not apply to a person seeking admission as member of a society exclusively formed or to be formed for the reclamation of Vimukta Jatis. (d) If he is disqualified under section 48-A of the Act: (e) if he is a person who has been dismissed from the service of any co-operative institution or Government service. (f) In case of a Primary Agriculture Credit Co-operative Society, he is not a Bhumiswami, occupancy tenant or a Government lessee holding agricultural land; Explanation.- For the purposes of this sub-section- (i) “Vimukta Jatis” means such tribes as the State Government may, from time to time, by general or special order, declare as Vimukta Jatis for the purpose of this sub-section; (ii) the business carried on by a trader including that of money lending shall be deemed to be similar to the business carried on by a marketing society.

No Person shall be eligible for election as a member of the committee of a society and shall cease to hold his office as such if he suffers from such disqualification as may be prescribed. No society shall elect any member as its representative to the committee of any other society or to represent the society in other society, if he suffers from such disqualification, as may be prescribed: Provide that, if a member suffers from any of the disqualification prescribed under this section-

If any person having been admitted as a member of a society subsequently becomes subject to any of the disqualifications specified in section 19-A such person shall cease to be a member of the society and the Registrar shall declare his seat to be vacant.

1. (1) The committee may, by a resolution passed by three-fourth majority of the members present and voting at a meeting held for the purposes, expel a member if he,- (a) intentionally does any act likely to injure the credit of the society or bring it to disrepute ; or (b) wilfully deceives the society by false statements; or (c) carries on any business which comes or is likely to come into conflict with the business carried on by the society; or (d) persistently makes default in payment of his dues or fails to comply with any provisions of the bye-laws; Provided that no such resolution shall be valid unless the member concerned has been given seven day’s notice, either personally or by registered post, of the proposal to expel him and has been given an opportunity to represent his case to the committee. (1-A) Any person aggrieved by the resolution of the Committee under sub-section (1) may appeal before the Registrar within 30 days of the communication of such resolution. (2) Notwithstanding anything contained in the Act, or rules or bye-laws made there under, where it appears to the Registrar that it is necessary and desirable in the interest of the society to expel a member from the society for his indulging in any of the activities specified in sub-section (1), he may call upon such member and the society, to explain within a period to be specified by him, why such member should not be expelled from the society. If the member or society fails to submits his or its explanation, within the specified period or after considering the explanation, if received, the Registrar may pass an order expelling a member from the society (3) No person who has been expelled shall be eligible for re-admission as a member of the co-operative for a period of one year from the date of such expulsion. (4) Expulsion of a member from a society may involve forfeiture of shares held by the member in such society.

Notwithstanding anything contained in section 19, a society may admit any person as a nominal member who shall have no share either in the management or profits of a society and shall not be subject to any contributory liability in the case of winding up the society.

The financial accounts of the State Co-operative Bank or Central Co-operative Bank, as the case may be, audited and certified by an auditor or auditing firms from among the panel of such auditors approved by the Registrar and appointed by the General Body in this behalf.

1. (1) Every member of the society shall have one vote in the affairs of the society. (2) (a) The voting right of federal society shall be so regulated that the members, which are societies, do not have less than four-fifths of the total number of votes in the general meeting of such society. (b) In case of federal society the voting rights of individual members (which term shall include public trust, firm, company or body corporate, society registered under the Chhattisgarh Society Registrikaran Adhiniyam, 1973 (No 44 of 1973), and State Government but shall not include a co-operative society) shall be regulated in such manner as may be prescribed. (3) every affiliated co-operative society through its properly authorised representative and every delegate referred to in clause (b) of sub-section (2) shall have one vote in the general meeting. (4) The quorum for the meeting shall, unless otherwise provided in the byelaws of a society, be one-fifth of the total number of delegates and representatives of the societies: Provided that the delegates shall not at any time in the meeting exceed one-fifth of the member representatives of the societies. (5) The elections of delegates shall be held in accordance with the provisions prescribed for election of the members of the committee. (6) Any vacancy of a delegate caused on account of cessation of membership or otherwise, shall be filled in by delegates by co-opting one of the individual members of the group to which the vacancy relates. (7) unless otherwise directed by the Registrar in respect of any particular society the delegates on the committee shall not at any time exceed one-third of the number of representatives of societies(fractions being neglected) (8) In the case of equality of votes the Chairman shall have a second or casting vote.

1. (1) Every member of a society shall exercise his vote in person and no member shall be permitted to vote by proxy: Provided that subject to any rules made under this Act,- (i) (a) a society which is a member of another society may appoint one of its members as a representative to vote on its behalf, (b) a group of individual members formed by the society in accordance with its bye-laws may elect one of the members in the group as a delegate to vote on their behalf. (ii) the State Government may nominate one of its officers as its representative, to vote or otherwise participate in its behalf in the affairs of the society of which such society or the State Government is a member; (iii) a public trust which is a member of a society may appoint, in writing, any one of its trustees to vote on its behalf; (iv) a firm which is a member of a society may appoint, in writing, any one of it major partners to vote on its behalf; and (v) a company or any other body corporate which is a member of a society may appoint in writing, any of its directors or officers to vote on its behalf. (2) Where a share is held jointly by more than one person and if,- (i) in respect of such share a share certificate is

In any society, no member, other than the State Government or any other society, shall,- (a) hold more than such portion of the total share capital of the society not exceeding one-fifth thereof as may be prescribed; or (b) have or claim any interest in the shares of the society exceeding Rs. 20,000; Provided that the State Government may, by notification, specify in respect of any class of societies a maximum exceeding one-fifth of the share capital or Rs. 20,000, as the case may be.

1. (i) When the Reserve Bank prescribes any regulation, including a recommendation of supersession of a board or the winding up of State Co-operative Bank or Central Co-operative Banks, as the case may be, the Registrar shall comply with the same within one month from the date of such communication.
2. (ii) The Registrar shall ensure that the liquidator or the Administrator, as the case may be, is appointed within one month of being so advised by the Reserve Bank for winding up or supersession.
3. (iii) Where in the opinion of the Reserve Bank, the functioning of the Chief Executive Officer of the State Co-operative Bank or a Central Co-operative Bank, as the case may be, is such that it is not desirable in the interest of the bank to continue the person as the Chief Executive Officer of the bank, it may require the registrar to remove the Chief Executive Officer; and the registrar shall proceed forthwith to remove such Chief Executive Officers after giving a reasonable opportunity of being heard.
4. (iv) Where in the opinion of the Reserve Bank, a person does not possess the requisite special knowledge specified by it, the Registrar shall on being advised by the Reserve Bank, proceed forthwith to remove such co-opted member after giving a reasonable opportunity of being heard.

1. (1) On the death of a member, a society may transfer the share or interest of the deceased member to the person nominated in accordance with the rules made in this behalf, or, if there is no person so nominated, to such person as may appear to the Committee to be the heir or legal representative of the deceased member, or pay to such nominee, heir or legal representative, as the case may be, a sum representing the value of such member’s interest, as ascertained in accordance with rules or bye-laws. (2) A society may pay all other moneys due to the deceased member from the society to such nominee, heir or legal representative, as the case may be. (3) All transfers and payments made by a society in accordance with the provisions of this section shall be valid and effectual against any demand made upon the society by any other person.

Subject to the provisions of section 39 the share or interest or deposit of a member in the capital or working capital of society or in the loan stock issued by a housing society or in the funds raised by a society from its members by way of savings deposit or by compulsory deductions made by it from wages or in the form of surcharge on the value of sale or supply of goods to members, shall not be liable to attachment or sale under any decree or order of a court for or in respect of any debt or liability incurred by the members or past members and accordingly neither a Receiver under the Provincial Insolvency Act, 1920 (No. 5 of 1920), nor any such person or authority under any corresponding law for the time being in force shall be entitled to, or have any claim on such share or interest or deposit.

1. (1) Every society shall keep open to inspection for its members free of any charge, at all reasonable times at the registered address of society,- (a) a copy of this Act; (b) a copy of the rules; (c) a copy of the bye-laws of the society; (d) a register of members,- (e) the last audited annual balance sheet, the profit and loss account; and (f) the minutes of the general meetings. (2) All registers and record of a society except books and other documents relating to accounts other than one’s own shall be open to inspection in the office of the society by any member of such society on payment of such fee as may be specified in the bye-laws. (3) Subject to such conditions and on payment of such fees as may be specified in the bye-laws, the society shall, on an application made by any member thereof grant him a certified copy of such records or registers or extracts thereof.

1. (1) Subject to the provisions of sub-section (2), the liability of a past member or of the estate of a deceased member of a society for the debts of the society as they stood:- (a) in case of a past member, on the date on which he ceased to be a member, and (b) in case of a deceased member, on the date of his death; shall continue for a period of two years from such date. (2) Where a society is ordered to be wound up under any provisions of this Act, the liability of a past member or of the estate of a deceased member who ceased to be a member or died, within two years immediately preceding the date of the order for winding up shall continue until the entire liquidation proceedings are completed; but such liability shall extend only to the debts of the society as they stood on the date of his ceasing to be a member or of his death as the case may be.

Notwithstanding anything contained in the Provincial Insolvency Act, 1920 (5 of 1920), in an insolvency proceeding against a member of a society, the dues of the society shall have priority over all other dues except those payable to Government.

The registration of a society shall render it a body corporate by the name under which it is registered, having perpetual succession and a common seal, and with power to hold property, enter into contracts, institute and defend suits and other legal proceedings and to do all things necessary for the purposes for which it was constituted.

1. (1) Every society shall have an address registered in accordance with the rules to which all notices and communications may be sent, and shall send a notice in writing to the Registrar of any change therein within thirty days of the change. (2) Every society shall display its name and the address of its registered office and the words “Registered Under Chhattisgarh Co-operative Societies Act, 1960” in legible characters in conspicuous position- (a) at every office or place at which it carries on business; (b) in all notices and other official publications; (c) on all its contracts, business letter, orders for goods, invoices, statements of account, receipts and letters of credit; and (d) on all bills of exchange, promissory notes, endorsements, cheques and orders for money it signs or that are signed on its behalf. (3) The name of every society shall contain the words “Co-operative” and “limited” or their equivalent in official language of the State.

1. (1) Every society shall keep a register of its members and enter therein the following particulars, namely:- (a) the name, address and occupation of each member; (b) the share held by each member in the case of a society having share capital; (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: Provided that, where a society has under this Act, permitted a member to transfer his share or interest on death, to any person, the register shall also show against the member concerned the name of the person entitled to the share or interest of the member and the date on which the nomination was recorded. (2) The register shall be prima facie evidence of the date on which any person was admitted to the society as a member and of the date on which he ceased to be member.

1. (1) 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 or for any other purpose, as prima facie evidence of such entry and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is admissible. (2) Copies of any document obtained and kept by a society in the course of its business or of any entries in such document, if certified in the prescribed manner, shall be admitted in evidence in any suit or legal proceeding or for any other purpose in the same manner and to the same extent as the original document or the entries therein as the case may be is admissible. (3) No officer of a society and no officer in whose office the books of a society are deposited after liquidation shall, in any legal proceedings to 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, unless by order of the Court or an arbitrator, made for special cause.

1. (1) A society which gives loans to its members or a society or class of societies which the State Government may notify in the official Gazettee, from time to time, shall furnish to each member a pass book, which shall contain an account of the transactions with the member, such as, the date of the transaction, the amount of loan advanced, the rate of interest, the repayment made by the member, the amount of the principal and interest due and such other particulars as may be prescribed. The necessary entries shall be made in the pass book from time to time which shall be counter signed by such office-bearer of the society as may be authorised in this behalf by the committee. For this purpose, the member shall be bound to present the passbook to such office-bearer and if the passbook is required to be kept for some time for making the necessary entries the member shall be granted a receipt there of, by such office-bearer. (2) The entries in the passbook duly made shall, until the contrary is proved, be prima facie evidence of the account of transactions of the society with the member.

Nothing in clauses (b) and (c) of sub-section (1) of section 17 of the Indian Registration Act, 1908 (No. 16 of 1908), shall apply to— (a) any instrument relating to shares in a society notwithstanding that the assets of such society consist in whole or in part of immovable property; or (b) any debentures issued by any such society and not creating, declaring, assigning, limiting or extinguishing any right, title or interest 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) any endorsement upon or transfer of any debenture issued by any such society; or (d) any declaration made by a member in favour of a society for creating any charge on land under section 41 and such assignment thereof as may be made by the said society in favour of the financing bank or federal society, to which it is affiliated, and such further assignment as may be made by such financing bank or such federal society in favour of the Chhattisgarh Rajya Sahakari Bank Maryadit or any other federal society. Explanation.—For the purposes of this section, financing bank include the Reserve Bank of India, the new bank constituted under the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (No. 5 of 1970) and such other bank as the State Government may, from time to time, by notification, specify in this behalf.

A society may receive deposits and loans from the State Government, any bank acting under any law for the time being in force in the State, financial bodies, corporate bodies and individuals, to the extent and under such conditions as may be specified in the bye-laws of the society. It may also receive funds as share capital under specific agreement or approved project by granting nominal membership.

1. (1) A society shall not— (a) make a loan to any person other than a member; (b) make a loan to a member on the security of his own shares; (c) make a loan to a member on the security of any non-member: Provided that a society may make a loan to another society and/or nominal member in accordance with the provisions made in its bye-laws. (1-A) A society granting loans to its members to whom "Bhu-Adhikar Avam Rin-Pustika" (Land Rights and Loan Book) has been given under section 114-A of the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959), shall enter all transactions of loans, advances and recovery thereof in the aforesaid Bhu-Adhikar Avam Rin-Pustika. (1-B) Notwithstanding anything contained in this Act, the rules made thereunder and the bye-laws of the societies, in case of omission to make entry of any loan or advance given to the members of the society, it shall be presumed that no such loan or advance has been given but this presumption shall not be made when the society proves otherwise. (2) Notwithstanding anything contained in sub-section (1), a society may make a loan to a depositor on the security of his deposit. (3) The Registrar may, by general or special order, prohibit or restrict the lending of money on the security of movable property or on the mortgage of immovable property by any society or class of societies. (4) If any officer or employee of a society, who is entrusted with the work of making entry of loans, advances and recovery thereof in the "Bhu-Adhikar Avam Rin-Pustika" referred to in sub-section (1-A), fails to make such entry in the said book, the Registrar, by order, may impose on him a penalty not exceeding Rs. 500. The order imposing penalty shall be implemented in accordance with the provisions of section 85.

Notwithstanding anything contained in any agreement or any law for the time being in force, no society shall, in respect of any lone advanced by it to a member belonging to scheduled caste or scheduled tribes, or other members owing 5 acre irrigated or 10 acre un-irrigated land, whether before or after commencement of the Madhya Pradesh Co-operative Societies (Second Amendment) Act 1979 which is repayable within a period not exceeding ten years from the date of its advance, charge, recover or receive towards interest thereon during the currency of such loan a sum greater than the principal and any sum charged, recovered or received in excess thereof shall, if the loan is subsisting be adjusted, towards repayment of the Principal till it is fully repaid and in any other case, shall be refunded to the debtor member within sixty days of the date on which the payment towards interest exceeds the limit aforesaid: Provided that nothing in this Section shall apply to loans advanced by a Development Bank and an Urban Co-operative Bank.

Notwithstanding anything contained in any agreement or law for the time being in force, any society shall not charge, recover or receive any amount as interest on account of interest over the principal in respect of any loan given by it to a member belonging to a scheduled caste or a scheduled tribe or an other member owning 5 acres of irrigated or 10 acres of unirrigated land, whether given before or after the commencement of the Chhattisgarh Sahakari Society (Second Amendment) Act, 1979, and which is repayable within a period not exceeding ten years from the date of its being given, during the period such loan subsists, and any amount charged, recovered or received in excess of the principal shall be adjusted towards the repayment of the principal until it is fully repaid if the loan is outstanding and in any other case, such amount shall be returned to the indebted member within sixty days from the date on which the payment made on account of interest exceeds the limit aforesaid: Provided that nothing in this section shall apply to loans given by a development bank or an urban co-operative bank.

Save as provided in sections 36 and 37, the transactions of a society with persons other than members shall be subject to such restrictions, if any, as may be prescribed.

A society shall have a charge upon the share or interest in the capital and on the deposits of a member or past member or deceased member and upon any dividend, bonus or profits payable to a member or past member or deceased member in respect of any debt or outstanding demand owing to such society from such member or past member or deceased member, and may set off any sum credited or payable to a member or past member or deceased member in or towards payment of any such debt or outstanding demand: Provided that no financing bank shall have a charge upon any sum invested by a society as reserve fund with such bank if such bank is not the sole creditor of such society or any sum invested with such bank from any provident fund and no such bank shall be entitled to set off any sum credited or payable to such society in or towards payment of any such debt or outstanding demand which is due from such society to such bank.

1. (1) Notwithstanding anything contained in any law for the time being in force, but subject to any prior claim of the State Government in respect of land revenue or any money recoverable as arrears of land revenue and to any claim of a development bank arising out of a loan granted at any time whatsoever under the Chhattisgarh Sahakari Krishi Aur Gramin Vikas Bank Adhiniyam, 1999 ( 20 of 2000), any debt or outstanding demand owing to a society by any member or past member or deceased member, shall be a first charge upon the crops and other movable property belonging to such member, past member or forming part of the estate of the deceased member, as the case may be; Provided that where any prior claim of the State Government arises out of a loan granted under the Land Improvement Loans Act, 1883 (19 of 1883) or the Agriculturists Loans Act, 1884 (12 of 1884) and such loan is granted after the grant of loan by a society the loan granted by the society shall, notwithstanding anything contained in the said enactments, have priority over such claim of the Government. (2) No person shall transfer any property, which is subject to a charge under sub-section (1) except with the previous permission in writing of the society which holds the charge; Provided that it shall always be lawful for a member or past member to create a charge in favour of a Development Bank under the Chhattisgarh Sahakari Krishi Aur Gramin Vikas Bank Adhiniyam, 1999 ( 20 of 2000), for dues thereof. (3) Notwithstanding anything contained in any law for the time being in force any transfer of property made in contravention of the provisions of sub-section (2) shall be void as against any claim of the society in respect of any debt or outstanding demand owing to it which is a first charge on such property under sub-section (1).

1. (1) Notwithstanding anything contained in any law for the time being in force, but subject to any prior claim of the State Government in respect of land revenue or any money recoverable as arrears of land revenue or to any of claim of a development bank arising out of a loan granted at any time whatsoever under the Chhattisgarh Sahakari Krishi Aur Gramin Vikas Bank Adhiniyam, 1999 ( 20 of 2000), or by a bank under Chhattisgarh Krishi Udhar Pravartan Tatha Prakirn Upbandha (Bank) Adhiniyam, 1972 (No. 32 of 1973), any debt or outstanding demand owing to a society by a member or past member or deceased member shall be first charge in favour of the society on,- (a) the land owned by such member or past member or forming part of the estate of the deceased member, as the case may be; and (b) his interest in any land as a tenant if such member owns such interest; against which such debt was granted or such outstanding demand stands, for and to the extent of the debt, or outstanding demand owing by him: Provided that where any prior claim of the State Government arises out of the loan granted under the Land Improvement Loans Act, 1883 (No. 19 of 1884), and such loan is granted after the grant of loan by a society, the loan granted by the society shall, notwithstanding anything contained in the said enactment, have priority over such claim of the Government; (2) No member shall alienate the whole or any part of the land or interest therein which is subject to charge under sub-section (1) until the whole amount borrowed by the member together with interest is paid in full: Provided that it shall be lawful for a member or a past member to mortgage in favour of- (i) a Development Bank; or (ii) a bank under the Chhattisgarh Krishi Udhar Pravartan Tatha Prakirn Upbandha (Bank) Adhiniyam, 1972 (No. 32 of 1973); or (iii) the State Government,- such land or any part thereof under the rules made under the Chhattisgarh Irrigation Act, 1931 (No. 3 of 1931), for supply of water from a canal to such land or any part thereof. (3) Any alienation made in contravention of the provisions of sub-section (2) shall be void as against any claim of the society in respect of the loan taken from it under this section; (4) Intimation in writing shall be given to the Tahsildar about the details of the debt or outstanding demand owing to the society from a member, past member or deceased member in the prescribed manner and the Tahsildar shall on receipt of such information, have it entered in the Record of Rights.

1. (1) Notwithstanding anything contained in any law for the time being in force, a society shall have power to acquire agricultural land or interest therein, or any immovable property which has been charged or mortgaged to it by a member in respect of any financial assistance availed of by him, provided the

1. (1) Notwithstanding anything contained in any law for the time being in force, a member of a society may execute an agreement in favour of such society providing that his employer shall be competent to deduct from the salary or wages payable to him by the employer, such amount, as may be specified in the agreement and to pay the amount so deducted to the society in satisfaction of any debt or other demand owing by the member to the society.
2. (2) On the execution of such agreement, it shall not be necessary to have the debt or claim adjudged by any authority and the employer shall, if so required by the society, by a requisition in writing and so long as the society does not intimate that the whole of such debt or demand has been paid, make the deduction in accordance with the agreement and pay the amount so deducted to the society, as if it were a part of the salary, or wages payable on the day as required under the Payment of Wages Act, 1936 (No 4 of 1936).
3. (3) If after the receipt of a requisition, made under sub-section (2), the employer at any time fails to deduct the amount specified in the requisition from the salary or wages payable to the members concerned or makes default in remitting the amount deducted to the society, the society shall be entitled to recover any such amount from the employer as an arrear of land revenue and the amount so due from the employer shall rank in priority in respect of the liability of the employer equal to that of the wages in arrears.
4. (4) The provisions of this section shall also apply to all such agreements of the nature referred to in sub-section (1) as were in force on the date of the commencement of the Act,
5. (5) Nothing contained in this section shall apply to persons employed in railways, mines and oil- fields.
6. (6) For the purposes of this section, Drawing and Disbursing Officer shall be deemed to be an employer in respect of a Government servant.

1. (1) No part of the funds of a society other than the net profits shall be paid by way of bonus or dividend or otherwise distributed amongst its members; Provided that a member may be paid remuneration on such scale as may be laid down by the bye-laws for any services rendered by him to the society.
2. (2) A society shall, out of its net profits in any year,-
   • (a) transfer an amount not being less than twenty-five percent of such profits to the reserve funds unless such society has been, by general or special order, partially or wholly exempted in this behalf by the Registrar; and
   • (b) pay to the Chhattisgarh Co-operative Union Limited and to such other institutions or unions as may be specified by the Registrar in this behalf, such contribution as may be prescribed.
   • (c) transfer at least twenty per cent to an equity redemption fund by such societies which have Government equity participation.
3. (3) No society shall pay dividend to its members at the rate exceeding twenty five per cent, except with the prior approval of the Registrar.
4. (4) A society may, with the sanction of the Registrar, after one fourth of the net profit in any year has been carried to the reserve fund, contribute not exceeding five per cent of the remaining net profits to any purpose connected with the development of Co-operative movement or charitable purpose as defined in section 2 of the Charitable Endowment Act, 1890 (No. 8 of 1890).
5. (5) No society shall make a contribution either in money or in kind, either directly or indirectly to an organisation that has an object in furtherance of the interest of a political party or of any religious faith.

1. (1) A society earning profit shall calculate the net profit by deducting from the gross profits for the year following:-
   • (a) all overdue interest accrued on loan accounts.
   • (b) management charges;
   • (c) interest payable on loans and deposits;
   • (d) audit fee;
   • (e) working expenses, including repairs, rent, taxes;
   • (f) depreciation;
   • (g) bonus payable to employees under the Payment of Bonus Act, 1965 (No. 21 of 1965);
   • (h) provision for payment of income-tax;
     • (i) provision for payment of subscription to the State/District Co-operative Union as may be notified;
   • (j) provision for development fund, bad debt fund, price fluctuation fund, dividend equalisation fund, investment fluctuation fund and such other funds as may be specified by the Registrar in this behalf;
   • (k) provision for retirement benefits to employees and in the case of societies engaged in consumer goods business, provision for purchase rebate to be paid to the members; and
   • (l) provision for writing off bad debts and losses not adjusted against any fund created out of profits.
2. (2) A society may, however, add to the net profits of the year, interest accrued in the preceding year but actually recovered during the year; the net profit thus arrived at, together with the amount of the profits brought forward from the previous year, shall be available for appropriation for the purposes of section 43.

1. (1) Where a society has an operational deficit in any year, the committee shall place before the general body the reasons therefor.
2. (2) The general body shall examine the reasons and where the deficit has arisen in the normal course of business of the society the general body based on its examination may resolve to make good the operational deficit wholly or partially from members and or its reserves.

1. (1) Subject to the provisions of sub-section (2) and (3), a society may invest or deposit its funds,-
   • (a) in Government Savings Bank; or
   • (aa) in a Co-operative Bank; or
   • (b) in any of the securities specified in section 20 of the Indian Trusts Act, 1882 (2 of 1882); or
   • (c) with the federal society of which it is a member or in the purchase of the share thereof; or
   • (d) with the approval of the Registrar, with any other society with limited liability or in the purchase of the shares or securities or debentures thereof; or
   • (e) with any bank approved for this purpose by the Registrar and on such terms and conditions, if any, as may be laid down by him in this behalf: Provided that the approval of the Registrar shall not be necessary under clause (d) if shares are to be purchased to become a member thereof according to the bye-laws of such society.
2. (2) The reserve fund of a society shall be invested or utilized only in such manner and on such terms and conditions as may be laid down by Registrar in this behalf.
3. (3) No investment of any of its funds in immovable property, other than funds created for specified purposes, shall be made by a society other than a housing society without the approval of the Registrar.
4. (4) A society accepting deposits shall maintain, as a cover against such deposits, fluid resources to such extent and in such manner as may be specified by the Registrar from time to time.

1. (1) Any society desirous of having State aid otherwise than by way of contribution towards share capital may apply to the Registrar stating the reasons for seeking such State aid.
2. (2) On receipt of an application under sub-section (1) or otherwise, the Registrar may, if he is satisfied that such aid is necessary in the interest of the society, recommend to the State Government the grant of such aid. The State Government may thereupon grant such aid to the society as it may deem fit on such terms and conditions as may be prescribed.

1. (1) A society may establish a contributory Provident Fund for the benefit of its employees to which shall be credited all contributions made by the employees and the society in accordance with the bye-laws of the society.
2. (2) A contributory Provident Fund established by a society under sub-section (1) -
   • (a) shall not be used in the business of the society;
   • (b) shall not form part of the assets of the society;
   • (c) shall not be liable to attachment or be subject to any other process of any court or other authority; and
   • (d) shall be administered in such manner as may be prescribed.

The State Government may, by a general or special order, direct that all or any of the societies situated within a specified area shall be affiliated to the Chhattisgarh Co-operative Union or to a District Co-operative Union or to any other union in such manner and on such conditions as the State Government may specify.

The Apex Society may, for servicing its constituents and in accordance with its byelaws, perform the following functions;-

1. (a) safeguard the observance of the Co-operative principles;
2. (b) promote and organise Co-operative societies and for this purpose, frame model byelaws and guidelines for making various regulation and policies for consideration by the societies;
3. (c) provide Co-operative training, education and information, and propagate Co-operative principles;
4. (d) undertake research and evaluation and assist in preparation of perspective development plans of member societies;

1. (1) 'kh"kZ lkslkbVh vius la?kVdksa dh lsok ds fy, vkSj viuh mifof/k;ksa ds vuqlkj fuEufyf[kr d`R;ksa dk ikyu dj ldsxh%& (d) lgdkjh fl)kUrksa dk ikyu gks, blds lqj{kk mik; djuk( ([k) lgdkjh lkslkbfV;ksa dks laizofrZr djuk vkSj bl iz;kstu ds fy, vkn’kZ mifof/k;ka fojfpr djuk vkSj lkslkbfV;ksa ds fopkj.k gsrq fofHkUu fofu;e vkSj fufr;ka cukus ds fy, ekxZn’kZd fl)kUr cukuk( (x) lgdkfjrk ds izf’k{k.k, f’k{k.k vkSj tkudkjh dh O;oLFkk djuk vkSj lgdkjh fl)kUrksa dk izpkj djuk( (?k) vuqla/kku vkSj ewY;kadu djuk rFkk lnL; lkslkbfV;ksa ds fy, Hkkoh fodkl ;kstukvksa dks rS;kj djus esa lgk;rk djuk( (M) lnL; lkslkbfV;ksa ds chp lkeatL;iw.kZ laca/k fodflr djuk( (p) lnL; lkslkbfV;ksa ds chp vkil esa ds rFkk lkslkbVh vkSj mlds lnL;ksa ds chp ds fooknksa dks fuiVkus esa lgk;rk djuk( (N) lnL; lkslkbfV;ksa ds fgrksa dk izfrfuf/kRo djuk vkSj lkslkbfV;ksa ds vuqdwy uhfr;ksa vkSj fo/kku ds fy, vfHker izkIr djus ds iz;kl djuk( (t) vius lnL;ksa dh vksj ls dkjckjh lsok,a gkFk esa ysuk( (> ) cksMZ ds lfEeyuksa esa, ftuesa lnL; lkslkbfV;ka vkeaf=r dh tkrh gSa, eas Hkkx ysus ds lkFk gh lnL; lkslkbfV;ksa dks lg;ksx ,oa izca/kdh; fodkl laca/kh lsok,a iznku djuk( (= ) lnL; lkslkbfV;ksa esa ;Fkkle; okf"kZd laijh{kk dk lapkyu lqfuf’pr djuk( (V) lnL; lkslkbfV;ksa ds ;Fkkle; fuokZpu dk lapkyu lqfuf’pr djuk( (B) lnL; lkslkbfV;ksa ds lk/kkj.k lfEeyuksa ds fu;fer lapkyu gsrq lgk;rk djuk( (M) lnL; lkslkbfV;ksa ds ikyu gsrq vkpkj lafgrk fodflr djuk( (<) lnL; lkslkbfV;ksa dh l{kerk ds ekin.M fodflr djuk( (.k) lnL; lkslkbfV;ksa dks fof/kd lgk;rk ,oa lykg iznku djuk( (r) lnL; lkslkbfV;ksa ds fgr esa dksbZ Hkh vU; lsok iznku djuk-

1. (1) The final authority in a society shall vest in the general body of members; Provided that the byelaws of a society may provide for the constitution of a smaller body consisting of delegates elected in accordance with such byelaws to exercise powers of the general body or as may be specified in the byelaws of the society. (2) Subject to sub-section (1), the management of every society shall vest in a committee constituted in accordance with this Act or rules made thereunder or byelaws of the society and it shall exercise such powers and perform such duties as may be conferred or imposed respectively by the Act or rules made thereunder or byelaws of the society. (3) (a) On the committee of primary society (i) In which half or more than half the members belong to scheduled castes, scheduled tribes and other backward classes not less than half the total number of seats, shall be reserved for the members belonging to such castes, trives and backward classes in such proportion as may be prescribed; (ii) In which one fourth or more than one fourth, but less than half the members belong to Scheduled Castes, Scheduled Tribes and other background classes, three seats shall be reserved for the members belonging to such castes, tribes and background classes of which one seat each shall be reserved for each class; (iii) In which the number of members belonging to Scheduled Castes, Scheduled Tribes and other backward classes is less then one fourth of total numbers of members one seat shall be reserved for a member belonging to such castes, tribes and other backward classes, which has the larger number of members in the society. (iv) Which is the operating in a Scheduled Area, the number of seats to be reserved for Scheduled Tribes shall bear as nearly as may be the same proportion as members belonging to Scheduled Tribes bear to the total memberships of the society. Explanation: For the purpose of this clause the District Co-operative Agriculture And Rural Development Bank shall be deemed to be a primary society; (b) On the Committee of such Central or Apex Society or class of Central or Apex Societies, as the State Govermment may having regard to the total membership of [Scheduled Castes, Scheduled Tribes and other backward classes] in the Primary Societies affiliated to such Apex or Central Society, by general or special order, direct, such number of seats as may be specified in the order shall be reserved for the members belonging to of [Scheduled Castes, Scheduled Tribes and other backward classes] Provided that the number of seat so reserved shall not exceed for each category of members; Provided further that on the Committee of every Central or Apex Society of the Resource class at least one seat each shall be reserved for the members of [Scheduled Castes, Scheduled Tribes and other backward classes] (c) In the event of society failing to elect requisite number of members or electing less than such number of members, as is specified in clauses (a) and (b), the members of the committee shall co-opt the requisite number of members from amongst members of such society eligible for such representation and in the event of the Committee failing to do so Registrar shall nominate the requisite number of members from amongst members of such society eligible for such representation; (5) There shall be a President/Chairman and two Vice Presidents/ Vice-Chairmen in a resource society. Out of the two offices of Vice-president/ Vice-Chairman- (i) One shall be held by a woman member, and (ii) One shall be held, if the chairman is not elected from amongst persons belonging to scheduled castes, scheduled Tribes and other Backward Classes, by a person belonging to these categories and otherwise, by any person; Provided that in case of such resource society other than a Nagrik Co-operative Bank or Urban Co-operative Credit Society or Thrift Society, operating in a Scheduled area, the chairman or president shall be elected only from amongst persons belonging to Scheduled Tribes. Explanation: For the purpose of this Section- (i) “Scheduled Caste” means any caste, race or tribe or part of or group within a caste, race of tribe specified in relation to State of Chhattisgarh under Article 341 of the Constitution of India. (ii) “Scheduled Tribe” means any tribe, Tribal community or part of or group within a Tribe or Tribal community specified as such in relation to the State of Chhattisgarh under Article 342 of the Constitution of India. (5-A) There shall be a President or Chairman and Vice President or Vice Chairman in consumer society of whom one shall be a woman. (6) No person who is individual member in a Central Co-operative Bank shall hold any specified office in the Central or Apex Society. (7) In a resource society, no person who is a non-borrowing member shall be qualified for election as member of the committee, delegate or representative nor shall he be entitled to vote in any election of the committee, delegate or representative of the society: Explanation.- A non-borrowing member shall be one who never borrowed from such a Bank or society in which he is a member. Provided that the provisions of this sub-section shall apply to the society from the date it commences its lending operations; Provided further that the provisions of this sub-section shall not apply to the society in so far as its first provisional committee/nominated committee is concerned.

1. (1) No person shall at the same time hold the specified office of more than one Apex Society, One Central Society and one Primary society. Provided that the provisions of this sub-section shall be applicable in case of societies of same classification. (2) If any person who is holding a specified office in one Apex Society, one Central Society and one Primary Society is elected or appointed to a specified office in any other Apex or Central or Primary society, he may, by a letter in writing signed by him and addressed to the Registrar, within a period of one month from the date of his election or appointment to such specified office resigns from the specified office in all except one Apex Society and or one Central Society and or One Primary Society as the case may be. (3) If any person required to resign under sub-section (2), fails to resign within the period specified therein, then at the expiration of such period he shall be deemed to have resigned from the specified office in all except one Apex Society and one Central Society and one Primary Society, as the case may be, in which he was already holding the specified office prior to such subsequent election or appointment to specified office in other Apex or Central or Primary Society.

1. (1) Every committee of society shall at the time of election of Chairman or Vice-Chairman, also elect representative who shall represent it in other society and the representative so elected shall not be withdrawn by the Committee till the next election of the committee. (2) (a) In a society where not less than half of the members belong to Scheduled Caste and Scheduled Tribes, the representative shall be only from amongst the members belonging to such castes or tribes; and (b) In a society where not less than two-third of the members belong to other Backward Classes, the representative shall be from amongst the members belonging to such classes. (3) If the byelaws of the society provide for the constitution of its general body by the elections of the delegates the society shall reserve seats in the general body for the members belonging to Scheduled Castes, Scheduled Tribes and other Backward Classes in such a manner that the number of seats so reserved for each category shall as far as possible, be in the same proportion in which members of each category, shall bear to the total membership of the society.

The Board or the Committee of a society shall in accordance with the byelaws, have power to – (a) admit and terminate membership; (b) elect the Chairman and other office bearers; (c) remove from office the Chairman and office bearers; (d) fix staff strength with the approval of the Registrar; (e) frame policies concerning,- (i) organisation and provisions for services to members; (ii) qualifications, recruitment, service conditions of the staff and other matters relating to staff with the approval of the Registrar; (iii) mode of custody and investment of funds; (iv) manner of keeping accounts; (v) mobilisation, utilization and investment of funds; (vi) monitoring and management of information system including statutory returns to be filed; (f) place the annual report, annual financial statements, plan and budget for the approval of the general body; (g) consider audit and compliance reports and place the same before the general body; and (h) undertake such other functions as specified in the byelaws.

1. (1) Every person shall not hold specified post of more than one apex society, more than one central society and more than one primary society at the same time: Provided that the provisions of this sub-section shall apply to societies of the same classification. (2) If any person who is holding a specified post in one apex society, one central society and one primary society is elected or appointed to such specified post of any other apex society or central society or primary society, then he may by a letter in writing signed by him and addressed to the Registrar resign from the specified post of all such other apex societies, central societies and primary societies except one apex society and/or one central society and/or one primary society, as the case may be, within a period of one month from the date of his being so elected or appointed. (3) If any person required to resign under sub-section (2) fails to resign within the period specified in that sub-section, then upon the expiry of such period it shall be deemed that he has resigned from the specified post of all other apex or central societies or primary societies except the one apex or central or primary society, as the case may be, in which he was already holding the specified post before such subsequent election or appointment.

1. (1) The committee of every society shall, at the time of election of Chairman or Vice-Chairman, also elect such representative who shall represent it in other societies and such elected representative shall not be recalled by the committee until the next election of the committee takes place. (2) (a) In a society where at least half of the total number of members are from Scheduled Castes and Scheduled Tribes, such representative shall be from among the members of such castes or tribes; and (b) In a society where at least two-thirds of the total number of members are from Other Backward Classes, such representative shall be from among the members of such classes. (3) If the bye-laws of a society provide for the constitution of its general body through the election of delegates, then the society shall reserve seats for the members of Scheduled Castes, Scheduled Tribes and Other Backward Classes in the general body in such a manner that the seats so reserved for each category are, as far as possible, in the same proportion as the members of each category bear to the total membership of that society: Provided that thirty-three percent of the posts of delegate shall be reserved for women category-wise and department-wise.

The board or committee of a society shall, in accordance with its bye-laws, have the following powers: (a) Accepting and terminating membership; (b) Electing the Chairman and other office-bearers; (c) Removing the Chairman and office-bearers from the post; (d) Fixing the number of staff with the approval of the Registrar; (e) Framing policies in respect of the following: (1) Organization and provision for rendering services to the members; (2) Qualifications, recruitment, service conditions and other matters related to staff with the approval of Registrar; (3) Manner of custody and investment of funds; (4) Manner of keeping accounts; (5) Operation, use and investment of funds; (6) Supervision and management of information system including legal statements to be filed; (f) Presenting annual report, annual financial statement, plan and budget for the approval of the general body; (g) Considering audit and compliance reports and presenting them before the general body; and (h) Performing all such other acts as are specified in the bye-laws.

1. (1) Every society shall call a general meeting of its members within three months before the end of the financial year for the following purposes: (a) For approving the programme of activities of the society, which has been prepared by the committee for the next year; (b) Election of the members of the committee, if it has become necessary to do so. Explanation. - It shall be deemed that the election of the committee has become necessary when the term of the committee expires within a period of three months from the date of the annual general meeting. (c) For considering the audit report, if received, and the annual report; (d) For the expenditure of net profit; (e) For considering any other subject as may be placed according to the bye-laws; and (f) For presenting the budget for the next year: Provided that the Registrar may, except for this meeting wherein the election of the tenure of the committee as specified in sub-section (7-A) is to be held upon expiry, extend the period for holding such meeting for a period of more than three months: Provided further that where an order of liquidation under section 69 has been issued in respect of a society, then calling an annual general meeting shall not be necessary. (1-A) The election of members of the committee, Chairman, Vice-Chairman, President, Vice-President and representatives, if any, shall be conducted by the Returning Officer in the prescribed manner. (2) Notice of such meeting shall be sent to the Deputy/Assistant Registrar of the district in which the society is situated, at least full fourteen days prior to the date of the meeting. (3) The Deputy/Assistant Registrar may himself be present in such meeting or may depute any officer subordinate to him to be present in it. (4) The Deputy/Assistant Registrar or the officer deputed by him shall have the right to address the meeting regarding any matter related to the subjects specified in clauses (a), (c), (d) and (f) of sub-section (1). (5) If a general meeting is not called within the period prescribed for it under sub-section (1) or if there has been a default in complying with the requirement of sub-section (1), then the Registrar may, by order, declare any such officer, whose duty it was to call such meeting or to comply with the provisions of sub-section (1) and who without reasonable cause has defaulted in complying with any of the provisions of the aforementioned sub-section, as disqualified for being elected to the post or for remaining on the post for a period not exceeding three years as he may specify in such order and may impose a penalty of any amount not exceeding Rs. 5,000 on such officer if that officer is an employee of the society: Provided that no order under this sub-section shall be made unless the concerned person is given a reasonable opportunity of being heard by an officer not below the rank of Joint Registrar of Co-operative Societies. (6) If the bye-laws of a society provide for the election of all or some members of the committee on a territorial basis, then such members of the committee shall be elected from the area in any meeting of the members of that area before the date of the general meeting in accordance with the provisions of the bye-laws; the results of which shall be displayed on the notice board of the society and also at the place of the general meeting before the commencement of the proceedings of the annual general meeting. (7) In every annual general meeting of any society, the committee shall place a statement before the society in which the names of the members of the committee, members of their families and close relatives, and the details of outstanding loans or advances, if any, during the preceding years shall be shown. Explanation. - For the purposes of sub-section (7), members of the family shall include wife, husband and dependent children. (7-A) (i) The term of the committee shall be five years from the date on which the first meeting of the committee is held: Provided that where a committee has been superseded or suspended, or has been removed under the Act, and is reinstated as a result of an order of a court or authority, then the period during which that committee was not in office as superseded, suspended or otherwise, shall be excluded in calculating the aforementioned term. (ii) The term of the representative elected by the committee of a society shall end with the expiry of the term of the society for which such representative has been elected: Provided that the representative of the committee shall continue in his office until the expiry of the term of the committee of which he is a member. (7-AA) (Applicable only in Madhya Pradesh) The State Government may, by notification, for the reasons mentioned therein, extend the term of a society or classes of societies from time to time for a total period not exceeding twelve months. (7-AAA) (Applicable only in Madhya Pradesh) Even if the maximum period of eighteen months mentioned in sub-section (7-AA) expires between the period starting from 7th May, 1988 (hereinafter referred to as the said date) and the date of publication of the Madhya Pradesh Co-operative Societies (Amendment) Ordinance, 1988 in the Gazette, the term of such committees shall be deemed to have been extended for a period of 6 months from the said date, as if the notification under sub-section (7-AA) for extension of the period was issued on the said date. (8) If elections are not held before the expiry of the term specified in sub-section (7-A) or the term extended under the previously removed sub-section (7-AA), it shall be deemed that all members of the committee have vacated their posts and the powers of the committee have vested in the Registrar and the Registrar shall conduct elections as early as possible: Provided that the Registrar may authorize any officer to exercise the powers of the committee vested in him under this sub-section and such officer so authorized shall exercise such powers from the date of such authorization. (9) (a) Every society shall record the minutes of every general meeting and all other meetings of its committee in a minutes book; (b) Such minutes shall be circulated to all persons invited to the meeting within 30 days of the conclusion of the meeting; (c) The minutes so recorded shall be signed by the person presiding over the said meeting.

Notwithstanding anything contained in this Act or the rules made thereunder and byelaws of a society, any resolution passed by a committee shall not be modified or annulled by the successor committee without the previous sanction in writing of the Registrar.

1. (1) If the State Government, on receipt of a report from the Registrar or otherwise is satisfied that in the public interest or for the purpose of securing proper implementation of co-operative production and other development programmes approved or undertaken by Government, or to secure the proper management of the business of the society generally, or for preventing the affairs of the society being conducted in a manner detrimental to the interests to the members or of the depositors or the creditors thereof, it is necessary to issue directions to any class of societies generally or to any society or societies in particular, the State Government may issue directions to them from time to time, and all societies or the societies concerned, as the case may be, shall be bound to comply with such directions. (2) The State Government may modify or cancel and directions issued under sub-section (1), and in modifying or cancelling such directions may impose such conditions as it may deem fit. (3) Where the Registrar is satisfied that any person or committee responsible for complying with any directions or modified direction issued to a society under sub-section (1) or (2) has failed without sufficient reason or justification to comply with the directions, the Registrar may- (i) in case of a committee, proceed against such committee in accordance with the provisions of section 53; and (ii) in case of a person, if the person is a member of committee of the society or an employee of the society, proceed against such person in accordance with the provisions of Section 53-B or the rules framed under sub-section (1) of section 55 as the case may be: Provided that directions involving financial losses to the societies will be given only with prior consent of the committee of such society and where necessary, of national financing institution, as well as after making the provision and advance allotment for compensating such losses fully.

1. (1) If the Registrar is of the opinion that having regard to the financial position of a society and the financial interest of the Government therein, it is necessary to regulate the manner of doing its trade or business, he may, subject to any rules made in this behalf, direct such society to make regulations in this behalf and to send them to him for approval. (2) On receipt of the regulations made by the society, the Registrar may approve them with or without modifications. On such regulations being approved, the society shall conduct its business in accordance with such regulations. (3) If any society, on being directed by the Registrar under sub-section (1), fails to send the regulations to the Registrar within a period of three months from the date on which such direction was given, the Registrar shall make or cause to be made such regulations and shall require such society to conduct its business in accordance with such regulations and thereupon such society shall be bound to comply with such requirement.

1. (1) (a) Notwithstanding anything contained in this Act or rules or bye-laws made thereunder, for any such apex society, where the State Government has subscribed to its share capital or has given loans or financial assistance or has given guarantee for the repayment of loans given in any other form, there shall be a Managing Director not lower in rank than a First Class Officer who shall be selected by a committee constituted at the State level consisting of the Agriculture Production Commissioner, the President of the apex society, the Registrar, Co-operative Societies and a director nominated by the Board of the apex society: Provided that if the committee fails to select the Managing Director unanimously, the matter shall be referred to the State Government whose decision shall be final thereon. (b) The Managing Director shall be an ex-officio member of the committee. (2) (a) For every central society, notwithstanding anything contained in this Act or rules or bye-laws made thereunder, where the State Government has subscribed to its share capital or has given loans or financial assistance or has given guarantee for the repayment of loans, debentures or advances or has given grants in any other form, there shall be a Managing Director or General Manager not lower in rank than a Second Class Officer rank who shall be the Chief Executive Officer of the society and an ex-officio member of the committee. (b) Appointment of Chief Executive Officer- (i) shall be made from among the officers of the cadre maintained under section 54, if such cadre has been created; (ii) in other cases, shall be made with the prior approval of the Registrar: (c) The Chief Executive Officer shall perform such duties and exercise such powers as may be prescribed.

After Section 49-E of the Principal Act, the following shall be added, namely:-"49-F. Removal of member of Board of Society by General Body in certain circumstances- Notwithstanding anything contained in this Act or rules made thereunder, any member of the [Board] of the Society who has acted adversely to the interest of the Society may on the basis of a report of the Registrar or otherwise be removed by a resolution of the General Body passed at its meeting by a majority of not less than two-third of the members present and voting, in such a manner as may be prescribed, by the Registrar in this regard: Provided that, the person concerned shall not be removed unless he/she has been given a reasonable opportunity of making representation in the matter: Provided further that, such resolution shall not lie within a period of one year from the date on which he/she has taken charge of his respective office or such resolution is rejected or accepted by the General Body, as the case may be."

1. (1) The Committee may at any time, call a special general meeting of the society and shall call such meeting within one month after the receipt of a requisition in writing from the Registrar or from one-tenth of total number of members.
2. (2) If a special general meeting of a society is not called in accordance with the requisition referred to in sub-section (1), the Registrar or any person authorised by him in this behalf, shall have the power to call such meeting and that meeting shall be deemed to be a meeting called by the Committee. (2-A) Where any officer or member of the committee whose duty was to call such a meeting in accordance with the provisions of this Act, or the rules or byelaws made thereunder fails without reasonable excuse to call such meeting, the Registrar may, by order, declare in case of member of the committee, such member of the committee to be disqualified for being a member of the committee for such period not exceeding seven years as he may specify in such order and in case of an officer of the society impose on him a penalty not exceeding Rs. 5,000; Provided that no order shall be made under this sub-section unless the person concerned is given a reasonable opportunity of being heard.
3. (3) The matters before a special general meeting may include all or any of the matters specified in Section 49.

1. (1) No person shall be qualified to be a candidate for election as member of the committee, representative or delegate if he is in default for a period exceeding 12 months to the society or any other society for any loan or advance taken by him as a member of such society. (1-A) No person shall be qualified to be a candidate for election as a member of the committee, representative or delegate if he has more than two living children one of whom is born on or after 26th January, 2001. (1-B) A person elected to an office mentioned in sub-section (1-A) shall become disqualified to held such office if on or after 26th January, 2001 a child is born which increases the number of his children to more than two.
2. (2) No person shall be entitled to vote at any election of the committee, representatives or delegates of the society, if he is in default for a period exceeding 12 months to the society or any other society for any loan or advance taken by him as a member of such society.

1. (1) No person shall be eligible to be a candidate for election as a member of the committee, representative or delegate if he is in default for a period exceeding twelve months to such society or any other society, in respect of any loan or advance taken by him as a member of such society. (1-A) No person shall be eligible to be a candidate for election as a representative, delegate or member of the committee, if he has more than two living children one of whom is born on or after 26th January, 2001. (1-B) A person elected to an office mentioned in sub-section (1-A) shall be disqualified from holding such office if a child is born on or after 26th January, 2001 which increases the number of his children to more than two.

No act of a society or of any committee or of any officer shall be deemed to be invalid by reason only of the existence of any defect in procedure or in the constitution of the society or of the committee or in the appointment or election of an officer or on the ground that such officer was disqualified for his appointment.

1. (1) Where the State Government –
   • (a) has subscribed to the share capital of a society; or
   • (b) has assisted indirectly in the formation or augmentation of the share capital of a society as provided in section 45; or
   • (c) has guaranteed the repayment of principal and payment of interest on debentures issued by a society; or
   • (d) has guaranteed the repayment of principal and payment of interest on loans and advances to a society; the State Government or any authority specified by the State Government in this behalf shall have the right to nominate such number or Government official not exceeding two as it may deem fit on any or all of the committees of such society.
2. (2) A person nominated on the committee of a society under sub-section (1) shall hold office for such period and on such conditions, as may be prescribed.
3. (3) Notwithstanding anything contained in this Act, every person nominated on the committee of a society under sub-section (1) shall have one vote in such committee; Provided that nominated person shall not be entitled to vote in any election of the office bearers of the committee of the society.
4. (4) When the Government has subscribed to the share capital of, or has guaranteed the repayment or principal and payment of interest on loans and advances to, a society to the extent of Rs. 3 Lakhs or more and the society has incurred loss to the extent of twenty-five per cent, or more of its owned capital, the State Government may, Notwithstanding anything contained in this Act, the rules made thereunder or byelaws of the society, nominate one of the members nominated by it under sub-section (1) as Chairman of the committee of the society and further appoint one of the nominated members as Managing Director/ General Manager/ Manager of the society.

If in the opinion of the State Government, it is necessary that adequate representation should be given to women members in the committee of such society or class of societies as it (State Government) may specify by general or special order, it (State Government) may direct such society to make provisions for reservation of seats for women in its committee: Provided that the number of seats so reserved shall not exceed four in such committee. Provided further that in the event of the society failing to elect the required number of women members in its committee, or in the event of electing women members less than such number, the remaining members of the committee shall co-opt the required number of women members from amongst those women members of such society who are eligible for such representation, and in the event of the committee failing to co-opt the required number of women members, the Registrar shall nominate the required number of women members from amongst the women members of such society who are eligible for such representation.

1. (1) If, in the opinion of the Registrar, the committee of any society: (a) is negligent in the performance of its duties imposed on it by this Act or the bye-laws of such society or by or under any lawful order passed by the Registrar, or is unwilling to perform such duties; or (b) commits such acts which are prejudicial to the interest of such society or its members; or (c) violates the provisions of this Act or the rules made thereunder or the bye-laws of the society or any order passed by the Registrar, then the Registrar may, by an order in writing, remove the committee and for such specified period, which shall not initially exceed two years, appoint any person or persons as he may think fit, to manage the affairs of such society: Provided that in the case of a co-operative bank, the order of supersession shall not be passed without prior consultation with the Reserve Bank: Provided further that if any such intimation, which contains the views of the Reserve Bank in relation to the proposed action, is not received by the Registrar within forty-five days from the date of receipt of the request by that bank in which the consultation was sought, it shall be presumed that the Reserve Bank agrees with the proposed action and the Registrar shall be free to pass such order as he may deem fit: Provided further that in the case of a co-operative bank, if the Reserve Bank so requires in public interest or for preventing the affairs of the co-operative bank being conducted in a manner detrimental to the interest of the depositors or for securing the proper management of any co-operative bank, the Registrar shall pass an order for the supersession for the committee or managing body, by whatever name called, of such co-operative bank and for the appointment of an administrator for such period or periods not exceeding five years in the aggregate as may be specified by the Reserve Bank from time to time, and upon such appointment the provisions of sub-sections (4), (5), (6) and (8) shall apply as if the order had been passed under sub-section (1): Provided also that if any non-official person is appointed in the committee of any primary society, he shall be from amongst the members of such society who are eligible for such representation and in case of a central or apex society, if any person is appointed in the committee of such society, he shall be such member of any of its affiliated societies who is eligible for such representation. (2) No order under sub-section (1) shall be passed unless the committee has been given a reasonable opportunity of showing cause against the proposed order along with a list of allegations, documents and witnesses in support of the allegations made against it, and its representation, if any, has been considered. (3) The period specified in the order under sub-section (1) may, at the discretion of the Registrar, be extended from time to time: Provided that no such order shall remain in force for more than three years in the aggregate. (4) The person or persons so appointed shall, subject to the control of the Registrar and to such instructions as he may from time to time give, have the power to exercise all or any of the functions of the committee or any officer of the society and to perform all or any of the duties of the committee or any officer of the society and to take all such actions as may be required in the interest of the society. (5) The Registrar may fix the remuneration which shall be payable to the person or persons so appointed, and the amount of such remuneration and other expenses, if any, incurred in the management of the society shall be payable from its funds. (6) The person or persons so appointed shall, before the expiry of the period of his/their appointment, arrange for the constitution of a new committee in accordance with the bye-laws of the society. (7) In relation to a financing bank or any such society which is a debtor of a financing bank, before taking action under sub-section (1), the Registrar shall, in the former case, consult the Chhattisgarh Rajya Sahakari Bank Maryadit and in the latter case, the financing bank concerned regarding such action. If the Chhattisgarh Rajya Sahakari Bank Maryadit or the financing bank, as the case may be, does not communicate its views within forty-five days from the date of receipt of the request by such bank in which the consultation was sought, it shall be presumed that the Chhattisgarh Rajya Sahakari Bank Maryadit or the financing bank concerned, as the case may be, agrees with the proposed action. (8) Notwithstanding anything contained in sections 48, 49 and 50, if in any case there is any difference of opinion between the general body of the society and the person or persons appointed under sub-section (1), the matter shall be referred to the Registrar for decision and his decision thereon shall be final: Provided that if the Registrar fails to take a decision within three months of the meeting of the general body, the decision of the general body of the society shall be final. (9) Nothing in this section shall be deemed to affect the power of the Registrar to direct the winding up of the society. (10) During the period between the issuance of notice and the passing of the order for removal of the committee, the Registrar may require the committee to act under the supervision of such authority as the Registrar may specify in that behalf, and with its approval, and any order passed, resolution adopted or any other act done by the committee shall not be effective unless it is approved by such specified authority: Provided that where while proceeding under sub-section (2), the Registrar is of the opinion that during the period of proceedings, suspension of the committee is necessary in the interest of the society, he may suspend the committee, which shall thereupon cease to function, and may make such arrangements as he may deem fit for the management of the affairs of the society until the completion of the proceedings under sub-section (1) and issuance of order: Provided further that the period of suspension shall not exceed six months and upon the expiry of the said period the suspension of the committee shall be withdrawn: Provided further that if the supersession of the committee so suspended is not done after the completion of the above-mentioned proceedings, it shall be reinstated and the period during which it remained suspended shall not be calculated towards its tenure: Provided further that no suspension order shall be passed unless the committee of the society has been given a reasonable opportunity of being heard. (11) Notwithstanding anything contained in this Act, in the case of Central Co-operative Banks, Urban Co-operative Banks and District Co-operative Agriculture and Rural Development Banks, if the recovery is less than 60 percent of the demand or overdues are more than 40 percent in three consecutive financial years, the Registrar shall pass an order for removal of the committee or managing committee, by whatever name called, and for the appointment of an administrator for such period or periods not exceeding five years in the aggregate as may be specified by the Registrar, and upon such appointment the provisions of sub-sections (4), (5) and (6) shall apply as if the order was given under sub-section (1): Provided that no such order shall be passed unless the committee has been given a reasonable opportunity of showing cause against the proposed order and its representation, if any, has been considered. (12) When the committee of any society has been superseded under sub-section (1), any member of such committee shall, notwithstanding anything contained in this Act, rules made thereunder or bye-laws of such society, not be eligible to contest election as a member of the committee of such society for a period of seven years and shall neither be eligible for co-option or nomination therein: Provided that nothing in this sub-section shall apply to a member of the committee of a society who was not a party to the decision of the committee which resulted in its supersession. (13) Notwithstanding anything contained in this Act, the rules made thereunder or the bye-laws of any society, if the committee of any society is prevented from functioning due to an order of a Court or otherwise, the Registrar may temporarily appoint a person or a committee of persons until the order of the Court is set aside or fresh election is held and the committee takes over charge.

1. (1) If: (i) the committee of any society is reconstituted in the general meeting of the society under section 49; or (ii) the term of the committee of any society expires under sub-section (7-A) of section 49; or (iii) the committee of any society is removed or suspended under section 53 or is prevented from functioning; or (iv) an order for winding up of the society is passed under section 69, then, the person or persons entitled to receive the charge of the society shall take over charge from the committee, as the case may be: (a) in case of (i) above, from the date of election of the committee in the general meeting; (b) in case of (ii) above, from the date of the order issued by the State Government under sub-section (7-A) of section 49; (c) in case of (iii) above, from the date of the order of the Registrar by which he/they has/have been appointed to manage the affairs of the society; and (d) in case of (iv) above, from the date of the order of the Registrar by which the liquidator has been appointed; and it shall be binding on the outgoing members of the committee to hand over the charge of records and property of the society to such person or persons taking over charge, on the date specified herein. (2) In relation to the person entitled to receive the charge of the committee or the society, as the case may be, under sub-section (1), it shall be deemed that he has taken over the charge of his office from the date described in sub-section (1), whether such charge was actually handed over or not.

1. (1) If in the opinion of the Registrar, any officer of the co-operative society has been grossly negligent in the discharge of his duties imposed on him by or under this Act the rules made there under or byelaws or has, by a fraudulent act, caused financial loss to the society the Registrar may without prejudice to any other action that may or can be taken against him, call upon on the society to remove within a specified period such officer from the office held by him and where necessary also to disqualify him from holding any office under that society for a period not exceeding three years, whereupon the society shall, after affording opportunity to the officer concerned of being heard, pass such orders as it deems fit.
2. (2) On the failure of the society to take action under sub-section (1), the Registrar may after affording opportunity to the officer of being heard and for reasons to be recorded, and communicated to the officer and the society concerned, remove or remove and disqualified for a period not exceeding three years, the officer from holding any officer under that society for the period specified in the order.
3. (3) An officer removed under the sub-section (1) or sub-section (2) shall with effect from the date of communication of the order, cease to hold that office and if disqualified shall not be eligible to hold any office under that society for the period specified in the order.

1. (1) No society shall appoint any manager, secretary, accountant or any other substantive officer unless such person possesses such qualifications as may be prescribed.
2. (2) Apex societies and central societies shall create and maintain such cadre of officers and other servants as the State Government may, by order, direct, and the conditions of service of the members of such cadre shall be such as the Registrar may, by order, determine.
3. (3) The State Government may, by notification, specify the class of societies which shall employ officers from such cadres created by apex societies or central societies under sub-section (2), as may be specified in such notification, and it shall be compulsory for such class of societies to accept and appoint such officers of the cadre whenever they are deputed by the apex or central societies.

1. (1) The Registrar may from time to time make rules governing the terms and conditions of employment of a society or a class of societies, and the society or class of societies to which such terms and conditions of employment apply, shall comply with any order that may be issued by the Registrar in that regard.
2. (2) Where any dispute, including a dispute relating to terms and conditions of employment, working conditions and disciplinary action taken by a society, arises between a society and its employees, such dispute shall be decided by the Registrar or such other officer not below the rank of Assistant Registrar, and his decision shall be binding on the society and its employees: Provided that the Registrar or the officer referred to above shall not entertain the dispute unless it is submitted before him within thirty days from the date of the order, which is sought to be challenged: Provided further that in calculating the period of limitation under the preceding proviso, the time required for obtaining the copy of the order shall be excluded.

1. (1) Every society shall maintain such records, registers and books of accounts and shall provide such information and returns as may be required by him from time to time.
2. (2) Every society shall specifically fix the responsibility on an officer or employee to maintain such records, registers and books of accounts and to provide such information and returns, as the Registrar may require by order from time to time, within the period specified in such order.
3. (3) If any such officer or employee of the society, on whom the specific responsibility has been fixed under sub-section (2), does not maintain the records, registers and books of accounts and does not provide such information and returns, as the Registrar may require, within the specified time, then the Registrar may, by order, declare that such officer shall be disqualified for being a member of the committee for such period not exceeding three years as he may specify in such order, and if such officer is an employee of the society, he may impose upon him a penalty not exceeding Rs. 5,000: Provided that no order under this sub-section shall be made unless the person concerned is given a reasonable opportunity of hearing.

1. (1) Where the Registrar is satisfied that:-
   • (a) the records, registers or books of accounts of any society are likely to be tempered or destroyed and the funds and property of any society are likely to be misappropriated or misapplied; or
   • (b) in the case of re-constitution of the committee of a society in its general meeting or the committee of the society having been removed by the Registrar under section 53, or the society having been ordered to be wound up under section 69, the outgoing members of the committee refuse to hand over the charge of the records and property of the society to those who are to take over or entitled to receive such charge, there the Registrar may issue an order directing the person duly authorised by him in writing to seize and take into custody such books, records, funds and property of the society and the officer of the society or those who are responsible for the custody of such books, records, funds and property, shall hand over the same to the person so authorised.
2. (2) To ensure compliance of the orders under clause (b) of sub-section (1), the Registrar may take or cause to be taken such action and may use or cause to be used such minimum force as may be necessary, including police force.

1. (1) Where the Registrar is satisfied that the books and records of a society are likely to be suppressed, tampered with or destroyed, or the funds and property of a society are likely to be misappropriated or misapplied, the Registrar or the person authorised by him may apply to the Executive Magistrate within whose jurisdiction the society is functioning, for seizing and taking possession of the records and property of the society.
2. (2) On receipt of the application under sub-section (1), the Magistrate may authorise any police officer not below the rank of a sub-inspector to enter and search any place where the records and property are kept are likely to be kept and to seize them and handover possession thereof to the Registrar or the person authorised by him, as the case may be.

After Chapter V-A of the Principal Act, the following shall be inserted, namely:-"CHAPTER V-B Insured Co-operative Bank 57-C: Insured Co-operative Bank:- (1) Notwithstanding anything contained in this Act or Rules framed thereunder or bye-laws of any registered Co-operative Bank or orders issued thereunder, the provision of this chapter shall have overriding effect. (2) In this chapter, unless the context otherwise requires, an insured Co-operative Bank means a society which is an insured bank under the provisions of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (No. 47 of 1961). (3) Notwithstanding anything contained in this Act, in case of any Insured Co-operative Bank, - (i) An order for winding up, or an order sanctioning a scheme of compromise or arrangement or of amalgamation or re-construction of the bank, may be made by the Registrar of Co-operative societies or any other Competent Authority, only with the previous sanction in writing of the Reserve Bank; (ii) An order for winding up of the bank shall be made by the Registrar of Co-operative Societies or any other Competent Authority, if so required by the Reserve Bank in the circumstances referred to in Section 130 of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (No. 47 of 1961). (iii) If so required by the Reserve Bank in public interest or for preventing the affairs of the bank being conducted in a manner detrimental to the interests of the depositors or for securing the proper management of the bank, an order shall be made by Registrar of Co-operative Societies or any other Competent Authority for the supersession of the Committee of Management or other managing body (by whatever name called) of the bank and the appointment of an administrator therefor for such period or periods not exceeding five years in the aggregate, as may from time to time, be specified by the Reserve Bank; (iv) An order for winding up of the bank or an order sanctioning a scheme of compromise or arrangement or of amalgamation or re-construction or an order for the supersession of the committee of management or other managing body (by whatever name called) of the bank of the appointment of an administrator therefor made with the previous sanction in writing or on the requisition of the Reserve Bank shall not be liable to be called in question in any manner; and (v) The liquidator or the insured bank or the transferee bank, as the case may be, shall be under an obligation to repay the Deposit Insurance and Credit Guarantee Corporation in the circumstances, to the extent and in the manner referred to in Section 21 of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (No. 47 of 1961)."

1. (1) Every co-operative society shall maintain books of accounts of its income, expenditure pertaining to the society's in the forms to be prescribed by the Registrar and shall present the profit and loss accounts for each co-operative year and the balance sheet as on the last day of the co-operative year.
2. (2) Every co-operative society shall submit its books of account and record of all transactions and pertaining to all affairs for the purpose of audit by an auditor or auditing firm to be authorized by General Body from a panel approved by the Registrar.
3. (3) The Registrar shall not include a person who is not a member of the institute of Chartered Accounted of India or auditing firm which is not dully authorized by the said institute to conduct such audit. Provided that in case of co-operative society with Government share holding or loan or financial assistance or any guarantee by the Government, the Registrar may include the auditor in the panel.
4. (4) Every society shall get its accounts audited by a Auditors or group of Auditors authorized by Registrar in that behalf once at least every financial year and shall pay such fees for auditing as may be prescribed by the registrar in this regard: Provided that-
   • (i) the State Government may, by notification, for reasons to be specified therein exempt any class of societies to pay such fees:
   • (ii) the Registrar shall lay down the minimum qualification and experience of such Auditor of auditing firms referred to in sub-section (1):
   • (iii) the accounts of every society shall be audited within six months of the close of the financial year to which such accounts relate and the accounts of the societies shall be maintained by the societies concerned in such a manner as may be prescribed by the Registrar in this regard:
   • (iv) the Auditors, to conduct the audit or the accounts of the society referred to in sub-section (1) shall be appointed by the general body of the society concerned amongst the panel of Auditor or auditing firms approved by the Registrar in this behalf: Provided further that if there is a complaint of financial irregularities or embezzlement after the completion or issuance of the audit report, the Registrar may order special audit for the purpose.
5. (5) The audit under sub-section (4) shall include examination of the accounts and the overdue debts, if any, compliance of the instructions and orders of the Registrar issued under this Act, rules made thereunder and bylaws or the society, the verification of cash balance and securities and valuation of the assets and liabilities or the societies and such other items as may be specified by the Registrar.
6. (6) The Auditors or Auditing firms shall at all times have access to all the books, accounts, documents, papers, securities, cash and other properties belonging to, or in the custody of the society and may summon any person in possession of or responsible for, the custody of any such books, accounts, documents, papers, securities, cash or other properties, to produce the same at any place at the headquarters or the society or any branch thereof.
7. (7) Every person who is or has at any time been, an officer or employee of the society and every member and past member of a society shall furnish such information in regard to the transactions and working of the society as the Auditors or Auditing firms may require: Provided that the audit report of accounts of an Apex Society shall be laid before the State legislature in such a manner as may be prescribed by the State Government.

1. (1) Notwithstanding anything contained in this Act or the rules or any by-laws of a society, where the State Government has subscribed to its share capital or has given loans or financial assistance or has guaranteed the repayment of loans, debentures or advances given in any other form or has given any other grant, and if it is found during the course of audit, inquiry, inspection or winding up of a society or otherwise that any such person who has been entrusted with the work of organization or management of such society, or any deceased, past or present President, Secretary, member of the committee, officer or employee of the society has made any payment contrary to the provisions of this Act or the rules made thereunder or the provisions of the by-laws of a society, or caused any loss by gross negligence or misconduct, or has misappropriated any money or other property of such society, or has fraudulently retained such money or other property, then the Registrar may, on his own motion or on receipt of an application from the committee, liquidator or any creditor, inquire into the conduct of such person within two years from the date of the report of audit, inquiry, inspection or winding up, as the case may be, or may, by written order in this regard, direct a person authorized by him to inquire into the conduct of such person within two years from the date of the report of audit, inquiry, inspection or winding up, as the case may be: Provided that...

1. (1) The Registrar may, of his own motion, and shall on the application of: (one) a society to which the society concerned is affiliated; or (two) a creditor, to whom the society is indebted; or (three) at least one-third of the members of the committee; or (four) at least one-tenth of the total number of members of the society; hold an inquiry or cause an inquiry to be held into the specific matters raised in the application regarding the constitution, working and financial condition of the society. (2) The Registrar shall order an inquiry only after receipt of such fee, as may be prescribed, as is considered sufficient for meeting the cost of conducting the inquiry. (3) Such inquiry shall be completed within a period of four months from the date of ordering the inquiry. (4) The Registrar shall, within a period of one month from the date of completion of the inquiry, communicate the report of the inquiry: (one) to the society concerned; (two) to the applicant or such person as has been nominated by the applicants for receiving such report; (three) to any member of the society; (four) to such federal society of which the society is a member; (five) to the creditor; upon payment of the prescribed fee by him.

1. (1) All officers, members and past members of the society in respect of which the inquiry is being held, and any other person who in the opinion of the officer holding the inquiry is in possession of information, books and documents relating to the society, shall furnish such information as is in their possession and shall produce all books and documents relating to the society which are in their custody or under their power and shall otherwise give to the officer holding the inquiry all such assistance as they can reasonably give. (2) If any such person refuses to produce to the Registrar or to any person authorised by the Registrar under sub-section (1) of section 59, any such book or document which it is the duty of that person to produce or refuses to answer any question which may be put to him by the Registrar or the person authorised by him, the Registrar or the person authorised by the Registrar may certify the refusal and after hearing any statement which may be made in rebuttal, the Registrar may punish the defaulter with penalty not exceeding Rs. 1,000. Any sum imposed as a penalty under this section shall, on application by the Registrar or by the person authorised by him to a Magistrate having jurisdiction, be recovered by the Magistrate as if it were a fine imposed by himself.

1. (1) The Registrar may, of his own motion or on receipt of an application of a creditor of a society, inspect the books of the society or authorise any person, who is authorised by him in this behalf by a general or special order in writing, to inspect the books of the society: Provided that no such inspection shall be made on the application of a creditor unless the applicant: (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 a reasonable time; and (b) deposits with the Registrar such sum as security for the costs of the proposed inspection as the Registrar may require. (2) The Registrar shall communicate the results of any such inspection: (a) where the inspection is made of his own motion, to the society; and (b) where the inspection is made on the application of a creditor, to that creditor and to the society.

1. (1) If the result of the audit held under section 58 or an inquiry held under section 59 or an inspection held under section 60 discloses any defects in the constitution, working or financial condition or the books of a society, the Registrar may bring such defects to the notice of the society and if the society is affiliated to another society also to the notice of that other society.
2. (2) The Registrar may make an order directing the society or its officers or member of the committee or the society to which it is affiliated to take such action as may be specified in the order within the time mentioned therein to remedy the defects disclosed in the audit, inquiry or inspection.

Where an inquiry is held under section 59 or an inspection is made under section 60 on the application of a creditor, the Registrar may apportion the costs, or such part of the costs as he may deem fit, between the society to which the society concerned is affiliated, the society concerned, the members or creditors demanding an inquiry or inspection, and the officers or former officers of the society:

Provided that, –

1. (a) no order of apportionment of the costs shall be made under this section unless the society or the person sought to be made liable to pay the costs thereunder has had a reasonable opportunity of being heard;
2. (b) the Registrar shall state in writing the grounds on which the costs are apportioned

No expenditure from the funds of a society shall be incurred for the purpose of defraying the costs of any proceedings filed or instituted in any court by any officer or committee of a society against any order made or purporting to have been made by the Registrar under Section 19-AA, Chapter V or Chapter VI; Provided that where the case is finally decided in favour of the officer or the committee, as the case may be, such cost as may be approved by the Registrar shall be reimbursed by the society.

1. (1) Notwithstanding anything contained in any other law for the time being in force, any dispute touching the constitution, management or business, terms and condition of employment of a Society or the liquidation of a society shall be referred to the Registrar by any of the parties to the dispute if the parties thereto are among the following;-
   • (a) a society, its committee, any past committee, any past or present officer, any past or present agent, any past or present servant or a nominee, heirs or legal representatives of any 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 deceased member of a society or of a society which is a member of the society;
   • (c) a person other than a member of the society who has been granted a loan by the society or with whom the society has or had business transactions and any person claiming through such a person;
   • (d) a surety of a member, past member or deceased member or a person other than a member who has been granted a loan by the society, whether such a surety is or is not a member of the society;
   • (e) any other society or the liquidator of such a society; and
   • (f) a creditor of a society.
2. (2) For the purposes of sub-section (1), a dispute shall include,-
   • (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 debt or demand be admitted or not;
   • (ii) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor as a result of the default of the principal debtor, whether such debt 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, any officer or deceased officer, any agent, past agent or deceased agent, or any servant, past servant or deceased servant, or its committee, past or present, whether such loss be admitted or not;
   • (iv) a question regarding rights, etc., including tenancy rights between a housing society and its tenants or members; and
   • (v) any dispute arising in connection with the election of any officer of the society or representative of the society or of composite society; Provided that the Registrar shall not entertain any dispute under this clause during the period commencing from the announcement of the election programme till the declaration of the results.
3. (3) If any question arises whether a dispute referred to the Registrar is a dispute, the decision thereon of the Registrar shall be final and shall not be called in question in any court.

1. (1) Notwithstanding anything contained in the Indian Limitation Act, 1908 (IX of 1908), and subject to the specific provisions made in this Act, the period of limitation for referring the disputes mentioned below to the Registrar under section 64 shall,-
   • (a) when the dispute relates to the recovery of any sum including interest thereon due to a society by a member thereof, be six years from the date on which such member dies or ceases to be 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 the 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 the 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 form 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 69 or in respect of which a nominated committee or a person or persons has or have been appointed under Section 53, be six years from the date of the order issued under Section 69 and Section 53, as the case may be;
   • (d) when the dispute is in connection with the election of any officer of a society, forty-five days from the date of declaration of the result of such election.
2. (2) The period of limitation in the case of any other dispute except those mentioned in sub-section (1) which are required to be referred to the Registrar under Section 64 shall be regulated by the provisions of the Indian Limitation Act, 1908 (IX of 1908), as if the dispute were a suit and the Registrar a Civil Court.
3. (3) Notwithstanding anything contained in sub-section (1) and (2) the Registrar may admit a dispute after the expiry of the limitation period if the applicant satisfies the Registrar that he had sufficient cause for not referring the dispute within such period.

1. (1) The Registrar, on receipt of the reference of a dispute under section 64, may either decide the dispute himself or transfer it for disposal to a nominee or a board of nominees to be appointed by the Registrar. (2) Where any dispute has been transferred under sub-section (1) for disposal to a nominee or a board of nominees, the Registrar may, for reasons to be recorded in writing, withdraw such dispute from such nominee or board of nominees at any time and may decide the dispute himself or transfer it again for decision to any other nominee or board of nominees appointed by him. (3) The decision of a nominee or a board of nominees to whom any dispute is transferred for decision under this section shall, for the purposes of this section, be deemed to be the decision of the Registrar.

1. (1) The Registrar or his nominee or board of nominees shall have the power to make interlocutory orders including the grant of temporary injunctions. In exercising this power, the Registrar or as the case may be, the board of nominees shall follow the procedure laid down in the Code of Civil Procedure, 1908 (Act No. 5 of 1908) for the purpose of making such orders and granting injunctions. (2) Representation of any party by a legal practitioner in the hearing of the dispute shall be only with the permission of the Registrar or as the case may be his nominee or board of nominees, and not otherwise: Provided that where such permission is given, the other party to the dispute shall be entitled to be represented by a legal practitioner. (3) The Registrar or his nominee, as the case may be, shall record in Hindi the note of the evidence of the parties and witnesses who appear and after considering the documentary evidence produced by either of the parties, the decision or award as the case may be, shall be given which shall be recorded in writing. If the duly summoned applicant remains absent, the case may be dismissed for default. If the respondent remains absent, the case may be decided ex parte. In cases where three nominees are appointed, the opinion of the majority shall prevail: Provided that where a dispute has been decided against a party for default and such party satisfies the Registrar within thirty days from the date of such default that there was sufficient cause for his non-appearance, the Registrar shall pass an order setting aside the decision and shall fix a date for proceeding with the case.

Where the Registrar or a nominee or board of nominees, as the case may be, acting under section 66 is satisfied on affidavit, enquiry or otherwise that a party to any reference with intent to delay or obstruct the execution of any award that may be made, - (a) is about to dispose of the whole or any part of his property; or (b) is about to remove the whole or any part of his property from the jurisdiction of the Registrar; the Registrar, a nominee or board of nominees may unless adequate security is furnished, direct the conditional attachment of the said property or such part thereof as he thinks necessary through such agency authorised by him as he may deem fit and such attachment shall have the same effect as if it had been made by a competent Civil Court.

1. (1) If, after an inquiry has been held under section 59 or an inspection has been made under section 60 or on receipt of an application made by not less than three-fourths of the members of a society, the Registrar is of the opinion that the society ought to be wound up, he may issue an order directing it to be wound up. (2) The Registrar may, on his own motion, make an order directing the winding up of a society: (a) where that society has not commenced working within a reasonable time of its registration or where that society has ceased to work; or (b) where in the opinion of the Registrar that society has been working mainly for the benefit of a person or group of persons and not generally for the benefit of the members; or (c) where that society has ceased to comply with any conditions as to registration or management under this Act, rules or bye-laws; or (d) where any primary credit society commits default by not recovering its full overdue demand from members continuously for three co-operative years and even after notice the society fails to recover the full overdue demand. (3) No order under sub-section (1) or sub-section (2) shall be passed until a reasonable opportunity of showing cause against the proposed order has been given to the society concerned and the representation made by it, if any, has been considered. (4) The Registrar may, at any time before the registration of a society is cancelled, cancel an order of winding up of such society, if in his opinion, the existence of such society is necessary. (5) Notwithstanding anything contained in this section, no co-operative bank shall be wound up except with the previous written consent of the Reserve Bank of India.

Notwithstanding anything contained in this Act, the Registrar shall make an order for the winding up of a co-operative bank, if such a request is made by the Reserve Bank of India in the circumstances mentioned in section 13D of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (No. 47 of 1961).

Where any such co-operative bank, which is an insured bank within the meaning of the Deposit Insurance Corporation Act, 1961 (No. 47 of 1961), has been wound up or has been ordered to be wound up and the Deposit Insurance Corporation has become liable under sub-section (1) of section 16 of that Act to the depositors of the insured bank, then the reimbursement to the Deposit Insurance Corporation shall be made in such extent and in such manner as provided in section 21 of the Deposit Insurance Corporation Act, 1961 (No. 47 of 1961).

1. (1) Where the Registrar has made an order under section 69 for the winding up of a society, he may appoint a liquidator for the purpose and fix his remuneration and may also remove at any time any person appointed as liquidator and appoint another; Provided that in respect of a co-operative bank ordered to be wound up on requisition from the Reserve Bank , the liquidator shall not be appointed or removed without the previous sanction of Reserve Bank of India. (2) A liquidator shall, on appointment, take into his custody or under his control all the property, effects and actionable claims to which the society is or appears to be entitled and shall take such steps as he may deem necessary or expedient, to prevent loss deterioration of, or damage to such, property, effects and claims. (3) Where an appeal is preferred under section 78 an order of winding up of a society made under section 69 shall not be operated thereafter until the order is confirmed in appeal; Provided that the liquidator shall continue to have custody of or control over the property, effects and actionable claims mentioned in sub-section (2) and have authority to take the steps referred to in that sub-section (4) Where an order of winding up of a society is set aside in appeal, the property, effects and actionable claims of the society shall revest in the society.

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1. (1) Subject to any rules made in this behalf the whole of the assets of a society in respect of which an order for winding up has been made, shall vest in the liquidator appointed under section 70 from the date on which the order takes effect and the liquidator shall have power to realize such assets by sale or otherwise. (2) Such Liquidator shall also have power, subject to the control of the Registrar- (a) to institute and defend suits and other legal proceedings on behalf of the society in the name of his office; (b) to determine from time to time the contribution (including debts due) to be made or remaining to be made by the members,or past member or by the estates or nominees, heirs or legal representatives of deceased members or by any officers or former officers, to the assets of the society; (c) to investigate all claims against the society, and, subject to the provisions of this Act, to decide questions of priority arising between claimants; (d) to pay claims against the society including interest up to the date of winding up according to their respecting priorities, if any, in full or rateably, as the assets of the society may permit; the surplus, if any, remaining after payment of the claims being applied in payment of interest from the date of such order or winding up at a rate fixed by him but not exceeding the contract rate in any case; (e) to determine by what persons and in what proportions the costs of the liquidation are to be borne; (f) to determine whether any person is a member, past member or nominee of deceased member; (g) to give such directions in regard to the collection and distribution of the assets of the society as may appear to him to be necessary for winding up the affairs of the society; (h) to carry on the business of the society so far as may be necessary for the beneficial winding up of the same; (i) to make any compromise or arrangement with creditors or persons claming to be creditors or having or alleging to have any claim, present or future, whereby the society may be rendered liable; and (j) 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; Provided that no liquidator shall determine the contribution, debt or dues to be recovered from a member, or a past member or the nominee, heir or legal representative of a deceased member unless opportunity has been given to such member or past member or to such nominee, heir or legal representative to explain his position. (3) When the affairs of a society have been wound up, the liquidator shall make a report to the Registrar and deposit the records of the society in such place as the Registrar may direct.

After all the liabilities including the paid-up share capital of a wound up society have been met, the surplus assets shall not be divided amongst its members but they shall be applied to any object described in the bye-laws of the society and when no object is so described, to any object of public utility determined, by the general meeting of the society and approved by the Registrar or they may, in consultation with them either be assigned by the Registrar in whole or in part to any or all of the following;- (a) an object of public utility or local or civic interest; or (b) the Chhattisgarh Co-operative Union Limited, or any other institution or Union; or (c) may be placed on deposit with a Central Co-operative Bank until such time as a new society with similar conditions is registered when with the consent of the Registrar such surplus may be credited to the Reserve Fund of such new society; or (d) a charitable purpose as defined in Section 2 of the Charitable Endowments Act, 1890 (6 of 1890); or (e) to each existing member in proportion to his paid up share capital.

1. (1) No person other than a society registered under this Act and a person or his successor in his interests of any name or title under which he traded or carried on business at the date on which this Act came into force, shall, without the sanction of the State Government, function, trade or carry on business under any name or title of which the word “Co-operative” or its equivalent in any Indian Language forms part. (2) Every person who is a member of a society formed in contravention of sub-section (2) of Section 14 and every person contravening the provisions of sub-section (1) shall be punishable with a fine which may extend to two hundred rupees and in the case of a continuing offence with further fine of five rupees for each day on which the offence is continued after conviction therefor.

It shall be an offence under this Act, if- (a) a committee or an officer or member thereof wilfully makes a false report or furnishes false information or dishonestly fails to maintain accounts or dishonestly maintains false accounts; or (b) any person collecting share money for a society in formation does not deposit the same in the Chhattisgarh State Co-operative Bank Lmited a Central Co-operative Bank, an Urban Co-operative Bank or a Postal Saving Bank, within fourteen days of its receipt; or (c) a 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 be registered or otherwise ; or (d) any officer of a society wilfully recommends or sanctions for his own personal use or benefit or for the use or benefit of a person in whom he is interested loan, in the name of any other person; or (e) an officer or any member destroys, mutilates, alters, falsifies or secrets 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; or (f) an officer or a member who is in possession of information, books and records, wilfully fails to furnish such information or produce such books and papers or does not give assistance to a person appointed or authorized by the Registrar under Sections. 53,58,59,60, 67 and 70; or (g) an officer wilfully fails to hand over 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 53 or 70; or (h) a member 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 sale, transfer, mortgage, gift or otherwise with the fraudulent intention of evading the dues of the society; or (i) any employer and other Director, manager, secretary or other officer or agent acting on behalf of such employer who, without sufficient cause, fails to comply with provision of sub-section (2) of Section 42; or (j) any person acquires or abets in the acquisition of any property which is subject to a charge under sub-section (1) of Section 40; or (k) an officer or member of a society or any person does any act or is guilty of omission declared by the rules to be an offence. Explanation.-For the purposes of this section an officer or a member referred to in this section shall include past officer or past member, as the case may be.

Every committee, officer or past officer, or member or past member or an employee or past employee of a society or any other person shall without prejudice to any action that may be taken against him under any law for the time being in force, be liable to be punished:- (a) with fine not exceeding Rs. 2000, provided that he is convicted of an offence referred to in section 74(a) (b) with fine not exceeding Rs. 1000, provided that he is convicted of an offence referred to in section 74(b) (c) with fine not exceeding Rs. 1000, provided that he is convicted of an offence referred to in section 74(c) (d) with fine not exceeding Rs. 2000, provided that he is convicted of an offence referred to in section 74(d) (e) with fine not exceeding Rs. 2000, provided that he is convicted of an offence referred to in section 74(e) (f) with fine not exceeding Rs. 250, provided that he is convicted of an offence referred to in section 74(f) (g) with fine not exceeding Rs. 250, provided that he is convicted of an offence referred to in section 74(g) (h) with fine not exceeding Rs. 2000, provided that he is convicted of an offence referred to in section 74(h) (i) with fine not exceeding Rs. 500, provided that he is convicted of an offence referred to in section 74(i) (j) with fine not exceeding Rs. 1000, provided that he is convicted of an offence referred to in section 74(j) (k) with fine not exceeding Rs. 250, provided that he is convicted of an offence referred to in section 74(k)

1. (1) No Court inferior to that of a Magistrate of the First Class shall try any offence under this Act. (2) No prosecution shall be instituted under this Act without the previous sanction in writing of the Registrar and such sanction shall not be given without giving to the person concerned an opportunity to represent his case.

1. (1) The State Government shall, hy notification. constitute a Tribunal called the Chhallisgarh State Co-operative Trihunal to exercise the powers and to discharge the functions conferred or imposed on the Trihunal hy or under this Act and the Chhattisgarh Swayatta Sahkarita Adhiniyam. 1999 (No 2 of 2000).
2. (2) The Trihunal shall consist of the Chairman and two other members. (3)(a) No person shall he qualified to he the Chairman or the Trihunal unless he had been a Judge of a High Court or has held the oflice of a Distt. Judge for not less than five years
   • (b) or the other two memhers. one shall he an officer or l:O-operative department not below the rank of Additional Registrar and the other shall he non -official closely associated with the co-operative movement or an Advocate or a Pleader having: practical experience in the co-operative movement for a period of not less than fifteen years; Provided that if the State Goverment thinks lit. the Tribunal may consist of a single person. Explanation :- For the purpose of this sub-section "non-official'· shall mean a person who on the date of his appointment as a member. does not hold any office of pro lit under the Goverrncnt of India or the Govcrtnent of any State.
3. (4) Notwithstanding anything contained in suh-section ( 1 ).a person shall he disqualified for being appointed as, or for being a Chairman or a Memher of the Trihunal, if he is a member of the Board of any society other than a general hody of a society. (5)(a) The Chairman and other mcmhers of the Trihunal shall hold office ordinarily for a period of not less than two years and not more than live years as tht: State Government may, by notification specify in this behalf.
   • (b) A person who has held office as the Chairman or a member. for a period mentioned in clause (a) shall he digihle for reappointment.
   • (c) The Chairman or mcmhcr of the Tribunal may. at any time. resign his ollicc.
   • (d) The Chairman or a memhcr of Tribunal may with the permission of the State Goverment held any other office appointment of not in consist with his position on· the Trihunal.
4. (6) Notwithstanding anything contained in sub-section (4), the State Government may terminate at anytime. the appointment of the Chairman or a memher if, in its opinion, such Chairman or membt:r is unahlc or unfit 10 continue to perform the duties of his office: Provided that no appointment shall be terminated under this sub-section u·nless the person whose appointment is proposed to be terminated is given a reasonable opportunity of showing cause against such termination. (7)(a) If any vacancy occurs in the office of the Chairman or member by leave, absence. deputation, death, resignation, expiry of the term of appointment, termination of the appointment or for any other cause, whatsoever, such a vacancy shall be filled by appointment of a person qualified for appointment under this Section.
   • (b) Till the vacancy in the otlice of the Chairman is filled under sub-section( I). the senior most member shall act as the Chairman of the Tribunal.
5. (8) The headquarters of the Tribunal shall be at such place as may be notified by the State Government in the Gazette.
6. (9) The powers and functions of the Tribunal may be exercised and discharged by Benches constituted by the Chairman from amongst the members of the Tribunal including himself. Provided that, any interlocutory application may be hard by one of more members to may be present.
7. (10) Such Benches shall consist of to or more members.
8. (11) Where a matter is heard by three members the opinion of the majority shall prevail, and the decision shall be in accordance with the opinion of the majority. Where a matter is heard by an even number of members, and the members are equally divided in the Chairman be one of the members, the opinion of the Chairman shall prevail and in other cases the matter be referred for hearing to the Chairman and shall be decided in accordance his decision.
9. (12) Subject to the previous sanction of the State Government, the Tribunal shall frame regulations consistent with the provisions of this Act and the rules made thereunder, for regulating its procedure and the disposal of its business.
10. (13) The regulations made under sub-section (12), shall be published in the Official Gazette.
11. (14) The Tribunal may suo motu or on the application of the party, call for and examine the records of any proceedings in which no appeal lies to it, for the purpose of satisfying itself as to the legality or propriety of any decision or order passed. If in any case, it appears to the Tribunal that any such decisions or orders should he modified, annulled or reversed, the Tribunal may pass such order thereon as it may deem just.
12. (15) Where an appeal or application is made to the Tribunal under this Act, it may, in order to prevent the ends of justice being defeated, make such interlocutory orders pending the decision of the appeal or applications, as the case may be, as may appear to it to be just and convenient, or such orders as may be necessary for the ends of justice, or to prevent the abuse of the process of the Tribunal.
13. (16) An order in appeal. or revision or review passed under this Act by the Tribunal, shall be final and conclusive, and shall not he called in question in any Civil or Revenue Court.
14. (17) The Tribunal hearing an appeal under this Act shall exercise all the powers conferred upon an appellate court by section 96 and order XLI of the Code of Civil Procedure, 1908 (5 of 1908).

1. (1) The Tribunal or Registrar may on the application of any party interested, review its own order in any case and pass such order i-n reference thereto as it thinks just: Provided that no such application made by the party interested shall be entertained, unless the Tribunal or the Registrar as the case may be is satisfied that there has been the discovery of new and important matter of evidence. which after the t'.Xercise of due diligence was not within the knowledge of the applicant or could not be produced by him at the time when its order was made. or that there has been mistake or error apparent on the face of the record, or there is any other sufficient reason: Provided -•further that no such ordcr sh al I he varicd, amended or revised unless notice has heen given to the parties interested to appear and be heard in support of such order.
2. (2) An application for review of any order. by the parties interested shall not be entertained, unless the application is filed within ninety days from the date of passing of the order.

1. (1) In exercising the powers conferred on it by or under this Act, the Tribunal shall have all the powers as are vested in Civil Court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:-
   • (a) proof of facts by affidavits;
   • (b) summoning and enforcing the attendance of any person and examining him on oath;
   • (c) compelling discovery or the production of any document; and
   • (d) issuing commissions for the examination of witnesses.
2. (2) In the case of any such affidavit, any ofticer appQinted by the Tribunal in this behalf may administer oath to the deponent.

1. (1) Save where it has been otherwise provided, an appeal shall lie from every original order u,rder this Act or the rules made thereunder:-
   • (a) If such order is passed by any officer subordinate to Registrar other than Additional Registrar or Joint Registrar, whether or not the officer passing the order is · invested with the powers of the Registrar, to the Registrar;
   • (b) If such order is passed by the Registrar, Additional Registrar or Joint Registrar, to the Tribunal.
2. (2) A second Appeal shall lie against any order passed in the first appeal by the registrar, to the Tribunal on any of the following grounds only, namely:-
   • (i) that the order is contrary to law: or
   • (ii) that the order has failed to determine some material issue of law: or
   • (iii) that there has been a substantial error or defect in the procedun: as prescribed by this Act which may have produced error or defect in the decision of the case upon merits.
3. (3) Every appeal shall be presented in the prescribed manner to the appellate authority concerned within sixty days from the date on which the order appealed against was communicated to the party affected by the order: Provided that in computing the period of limitation under this sub-section the time required for obtaining a copy of the order appealed against shall be excluded.

In all cases in which it is provided under this Act that an appeal may be filed against any decision or order within a specified period, the appellate authority may admit an appeal after the expiry of such period if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within such period.

Notwithstanding anything to the contrary contained in this Act, where with previous sanction in writing or on the requisition of the Reserve Bank of India- (i) an order for the winding up of a co-operative bank is made; or (ii) a scheme of compromise or arrangement or reconstruction or reorganisation or amalgamation is made or is given effect to; or (iii) an order for the supersession or suspension of the committee by whatever name called of a Cooperative Bank and the appointment of an Officer Incharge etc. therefor, has been made: no appeal, revision or review there against shall lie or be permissible, and such order or the sanction or requisition of the Reserve Bank of India shall not be liable to be called in question.

1. (2) In this Chapter. unless the context otherwise requires.-
   • (i) "Affiliating Society" means a society of which another society or co-operative is a member;
   • (ii) "Co-operative" means a co-operative as defined under Section 2(f) of Chhattisgarh Swayatta Sahakarita Adhiniyam, 1999 (No. 2 of 2000);
   • (iii) "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 (61 of 1981);
   • (iv) "Secondary Co-operative" means a co-operative regis-tered undfr Chhattisgarh Swayatta SahakaritaAdhiniyam, 1999 (No. 2 of 2000) of which another co-operatives or society is a member;
   • (v) "Short term co-operative credit structure society" includes the State Co-operative Bank, a Central Co-operative Bank and a Primary Agricultural Credit Co-operative Society.
2. (3) (a) Short term co-operative credit structure society shall be eligible to be a member of a secondary co-operative.
   • (b) A co-operative registered under Chhattisgarh Swayatta Sahakarita Adhiniyam, 1999 (No. 2 of 2000) may become the member of an affiliating society registered under this Act.
3. (4) A short term co-operative credit structure society may become a member of an affiliating society or a secondary co-operative of its choice or leave the membership of such society or co-operative.
4. (5) (a) The bylaws or any amendment to the bylaws of a short term co-operative credit structure society shall be registered by the Registrar within thirty days from the date of receipt of the application.
   • (b) If the Registrar is satisfied that the proposed by laws or the amendments to the bylaws are contrary to the provisions of the Act and the rules made thereunder he shall reject the same duly recording his reasons thereon within thirty days from the date of receipt of the application.
5. (6) (a) Every depositor in a primary agricultural credit co-opera. tive society, subject to the criteria of minimum depos t amount and period, as prescribed by Registrar from time to time, shall be eligible to be a member of the soc'iety . under sub-section ( 1) of Section 19 after subscribing the minimum share capital specified in the bylaws of the society and shall have full voting rights of a member.
   • (b) An individual or a group of borrower shall have the right' to become member of a primary agricultural credit co-op~ erative society under sub-section (I) of Section 19.
   • (c) Every group of depositor or a group of borrower admitted, as member under sub-section (1) of Section 1~, shall be entitled to vote through a delegate nominated by such group.
6. (7) The short term co-operative credit structure society shall he autonomous in all financial and internal administrative matters especially in the following areas:-
   • (i) interest rates on deposits and loans in conformity with and subject to Reserve Bank's guidelines.
   • (ii) borrowings and investments,
   • (iii) loan policies and individual loan decisions.
   • (iv) personnel policy. statling. recruitment. posting and remu-neration to staff. and
   • (v) internal control systems. appointment of auditors and com-pensation for the audit
7. (8) The State Government's subscription in the share capital of any short term co-operative credit structure society shall not exceed twenty five percent and the State Government or such society may reduce the State Government's subscription further at its choice.
8. (9) (a) There shall be only one nominee of the State Government in the board of the State Co-operative Bank or a Central Co-operative Bank if the State Government has subscribed to its share capital: Provided that the nominee of the State Government in the board of the State Co-operative Bank or a Cen-tral Co-operative Bank shall not take part in election nor shall have any voting right in such election.
   • (b) (i) There shall be only one nominee of the Stale Government in the board of a primary agricul-tural credit co-operative society if the State Government has subscribed to its share capital: Provided that the nominee of the State Government in a board in the primary agricul-ture credit society shall not take part in election nor shall have any voting right in such election.
     • (ii) A short term co-operative credit structure society shall have full freedom to transact with other societies registered under this Act or co-operatives registered under the Chhattisgarh Swayatta Sahakarita Adhiniyam, 1999 (No. 2 of 2000).
9. (10) A shoit term co-operative credit structure sqciety shall have the freedom of entry and exit at any tier and there shall be no manda-tory restrictions of geographical boundaries for its operations.
10. (11) A short term co-operatJve credit structure society may, subject to the guidelines of the Reserve Bank, invest or deposit its funds in any bank regulated by tbe Reserve Bank and not necessarily in the affiliating society to which it is affiliated.
11. (12) A short term co-operative credit structure society may obtain loans from any bank regulated by the Reserve Bank and refinance from the National Bank and not necdlarily from the affiliating society to which it is affiliated.
12. (13) A primary agricultural credit co-operative society may pay dividend in accordance with the guidelines framed by the Registrar in consultation with the National Bank.
13. (14) No person shall be elected, nominated or co-opted or allowed to continue as a member of the board of a short term co-operative credit structure society. if he-
    • (i) is a person who represents a society other than a primary agricultural credit co-operative society on the board of a Central Co-operative Bank or the Stale Co-operative Bank, if the society he represents ha-; committed a default towards the payments of such bank for a period exceeding ninety days:
    • (ii) is a person who committed a default towards the payments to a primary agricultural credit co-operative society or represents a primary agricultural credit co-operative society on the board of a Central Co-operative Bank or the State Co-operative Bank, if the society he represents has committed a default towards the payments of such hank for a period exceeding one year unless the default has been cleared:
    • (iii) is a person. who represents a society whose board is superseded.
14. (15) (a) The board of the State Co-operative Bank and the Central Co-operative Banks shall not he superseded without prior consultation with the Reserve Bank.
    • (b) The hoard r-f a primary agricultural credit co-operative society may he superseded only on any of the following grounds. if-
      • (i) the society incurs losses for three consecutive years:
      • (ii) serious financial irregularities as proven in enquiry for the purpose;
      • (iii) fraud has been identified;
      • (iv) lack elf quorum in three consecutive meetings.
15. (16) (a) The State Election Commission shall conduct elections to a short term co-operative credit structure society before thc expiry of the term of the existing hoard.
    • (b) The State Election Commission shall conduct elections to a short term co-operative credit structure society within six months in case of Primary Agricultural Credit Co-operative Society and twelve months in case of Stale Co-operative Banks and Central Co-operative Banks from the dale of i-ls supe~sio~ Provided that in circumstances beyond.control, the Govern men~ may allow holdini of such elections within a period not exceeding six montbs from the date of supcrsession.
    • (c) A memberof the board of a primary agricultural credit co-operative society which has been superseded under this Act shall not be entitled to contest the election again for a period of three years from the date of supersession: Provided that where the supersession is owing to the grounds contained in Section 15(b)(iv), the lack of quorum is not due to the absence of such member.
16. (17) The members of the board and Chief Executive Officers of the State Co-operative Bank or the Central Co-operative Banks who do not fulfill the criteria stipulated by the Reserve Bank shall be removed by the Registrar or the Appointing Authority, as the case may be, on the recommendation of the Reserve Bank or the National Bank.
17. (18) (a) Where the number of elected members on the board of a State Co-operative Bank or Central Co-operative Bank does not, in the opinion of National Bank, possess special knowledge or experience in such fields as may be stipulated by the National Bank, the State Co-operative Bank or the Central Co-operative Bank, as the case may be, shall co-opt such number of professional in such field, not exceeding two and the professionals so co-opted shall have full voting rights except the election irrespective of whether such professional is a member of the Society or not.
    • (b) If any person who, in the opinion of the Reserve Bank, has been co-opted as a member of the board under clause (a) of this sub-section without having requisite knowledge or experience as stipulated by the Reserve Rank. he shall, on being advised by the Reserve Bank or :11e National Bank, be removed from the office after gi, i"g him a reasonable opportunity of being heard.
18. (19) The Chief Executive Officer of the State Co-operative Bank and a Central Co-operative Bank, shall be appointed by the members of the board of the State Co-operative Bank or the Central Co-operative Bank, as the case may be, from among a panel of names not exceeding three persons eligible to hold the office of Chief Execu-tive Officer in accordance with the criteria stipulated by Reserve Bank; and the aforesaid panel shall be recommended by a selection board consisting of the following persons all of whom shall be the members of the board of the State Co-operative Bank or the Central co-operative Bank as the ca~e may be :-
    • (i) The nominee of State Government on the board.
    • (ii) The nominee of the National Bank on the board.
    • (iii) One other member of the board whether elected or co-opted.
19. (20) No primary agricultural credit co-operative society or its federation or association (except those which are permitted to act as a bank under Banking Regulation Act, I 949 (IO of 1949) shall be registered with the term 'bank' or any other derivative of the term 'bank' in its registe,.;,d name or shall use the same as a part of its name: Provided that where any primary agricultural credit co-operative society or its federation or association (except those which has permitted as a ban'k under Banking Regulation Act, 1949 (IO of 1949) has been registered using the term "bank" before the coming into force of this Act, the term "bank" along with its derivatives term shall be omitted within three months from the date of enforcement of this Act:

The Registrar may, at any time on his own motion or on the application made by any party, call for and examine the record of any enquiry or the proceedings by any subordinate officer or a decision of board of a society for the purpose of satisfying himself as to the legality or propriety of any decision or order passed and as to the regularity of the proceedings of such officer or board. If in any case, it appears to the Registrar that any decision or order or proceedings so called for should be modified, annulled or reversed, the Registrar, may pass such order thereon as he may deem tit:

When an application for appeal or review is made to Tribunal, or Registrar under this Act, it may in order to prevent the ends of justice being defeated, make such interlocutory orders pending the decision of the appeal or application, as the case may be, as may appear to it/ him to be just and convenient, or make such orders as may be necessary for the ends of justice, or to prevent the abuse of legal process.

1. (1) An officer appointed under section 3 who has passed any order or his successor in office may, at any time before the expiry of the period prescribed for appeal direct the execution of such order to be stayed for such time as may be required for filing an appeal and obtaining a stay order from the appellate authority. (2) The authority exercising the powers conferred by section 78 or section 80 may direct the execution of the order under appeal or review to be stayed for such time as it may think fit. (3) The officer or authority directing the executiqn of an order to be stayed may impose such conditions or order such security to be furnished as he or it thinks fit.

Every appeal or any other proceeding pending before the State Government, immediately before the date of constitution of Chhattisgarh State Co-operative Tribunal under this Act, shall stand transferred to the Tribunal from the date of notifications by Goverment of Chhattisgarh.

mu leLr ekeyksa esa] ftuesa bl vf/kfu;e ds v/khu ;g mica/k fd;k x;k gS fd fdlh Hkh fofu’p; ;k vkns’k ds fo#) vihy fdlh fofufnZ

In all cases in which it is provided under this Act that an appeal may be filed against any decision or order within a specified period, the appellate authority may admit an appeal after the expiry of such period if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within such period.

Subject to the provisions of section 77 and 78, the Registrar, Additional Registrar, Joint Registrar, or the Deputy Registrar may make over any case or class of cases arising under the provisions of this Act, for decision from his own file to any officer subordinate to him competent to decide such case or class of cases or may withdraw any case or class of cases from any such officer and may deal with such case or class of cases himself or refer the same for disposal to any other officer subordinate to him and competent to decide such case or class of cases.

1. (1) All sums due from a society or from an officer, or member or past member or a deceased member of a society as such to State Government including any costs awarded to Government under any provisions of the Act, may, on a certificate issued by the Registrar in this behalf, be recovered in the same manner as arrears of land revenue.
2. (2) Sums due from a society to the State Government and recoverable under sub-section (1) may be recovered -
   • (a) firstly, from the property of the society;
   • (b) secondly, in the case of a society the liability of the members of which is limited, from the members, past members or estates of the deceased members subject to the limit of their liability: Provided that the liability of a legal representative of the deceased shall be to the extent of the property of the deceased which has come to the hands of such legal representative; and
   • (c) thirdly, in the case of other societies, from the members, past members or estates of the deceased member: Provided that the liability of past members or estates of deceased members in all cases shall be subject to the provisions of Section 29.

1. (1) Save as provided in this Act, no civil or revenue court shall have any jurisdiction in respect of,-
   • (a) the registration of a society or of bye-laws or of an amendment of a bye-law;
   • (b) the removal of a committee or its members and the management of the society after such removal;
   • (c) any dispute, required to be referred to the Registrar or his nominee or board of nominees;
   • (d) any matter concerning the winding up and the dissolution of a society.
2. (2) While a society is being wound up, no suit or other legal proceedings relating to the business of such society shall be proceeded with, or instituted against, the liquidator as such or against the society or any member thereof, except by leave of the Registrar and subject to such terms as he may impose.
3. (3) Save as provided in this Act, no order, decision or award made under this Act shall be questioned in any court on any ground whatsoever.

Any sum awarded by way of costs under Section 62 may be recovered, on an application by the Registrar to a Magistrate having jurisdiction in the place where person from whom the money is claimable resides, or carries on business, by sale of any property within the limits of the jurisdiction of such Magistrate, belonging to such, person, and such Magistrate shall proceed to recover the same, in the same manner as if it were a fine imposed by himself.

Notwithstanding anything contained in Chapter VII or any other law for the time being in force, but without prejudice to any other mode of recovery provided in this Act, the Registrar or any person empowered by the Registrar in this behalf, may, on an application made by the society, and subject to such rules as the State Government may make in this behalf, make an order directing the payment of any debt or outstanding demand due to the society by any member or past or deceased member, by way of attachment and sale of the property or any interest therein, which is subject to a charge under sub-section (1) of section 40, sub-section (1) of section 41 and sub-sections (1), (2) and (3) of section 42, or by transfer of such interest in any other manner for such period and subject to such terms and conditions as the Registrar or such other person may specify: Provided that no order shall be made under this section unless the member, past member, or the person designated as heir, successor or legal representative of the deceased member has been served with the notice of the application and has not committed default in payment of the debt or outstanding demand within thirty days from the date of such service.

1. (1) Notwithstanding anything contained in sections 64, 69 and 78, any Co-operative Housing Society or Chhattisgarh State Co-operative Housing Federation or Primary Urban Co-operative Bank, upon making an application for the recovery of its arrears of outstanding dues, the Registrar after making such inquiry as he deems fit, may grant a certificate for the recovery of the amount stated therein as arrears. (2) The certificate granted by the Registrar shall be final and conclusive proof of the arrears stated therein and it shall be recoverable as arrears of land revenue.

Every order passed or adjudication made or decision taken by the Registrar under any provisions of this Act, every order passed by appellate or revision authorities, and every order or decision made by the liquidator, if not carried out: (a) shall be deemed to be a civil court decree upon the issuance of a certificate signed by the Registrar or a person authorized by him in this behalf, and shall be executed in the manner as a decree of such court is executed; or (b) shall be executed according to the law and rules that are in force for the time being for the recovery of arrears of land revenue; or (c) shall be executed by the Registrar or any other person empowered by the Registrar in this behalf by way of attaching and transferring or selling, or selling without attachment, any property of the person or society against whom such order, decision or award has been obtained or passed, in such manner as may be prescribed: Provided that any application for recovery under clause (b): (1) shall be made to the Collector and shall be accompanied by a certificate signed by the Registrar or a person authorized by him in this behalf; and (2) shall be made within five years from the date fixed in the order, decision or award, and if no such date is fixed, within five years from the date of the order, decision, or award, as the case may be.

When an order for giving possession of immovable property has been passed against any person under this Act, such order shall be executed in the following manner, namely: (a) by serving a notice upon the person or persons in possession, requiring them to vacate the same within such time as may appear reasonable after the receipt of the said notice; and (b) if such notice is not complied with, by removing or deputing a subordinate to remove any such person who refuses to vacate the same; and (c) if any person resists or obstructs the officer removing such person, by appointing any of the officers specified in section 3 who shall conduct a summary inquiry into the facts of the case and if he is satisfied that there was no just cause for the resistance or obstruction and that such resistance or obstruction is still continuing, he may, without prejudice to any proceedings to which such person is liable under any law for the time being in force relating to the punishment for such resistance or obstruction, act or cause to be acted, and may use or cause to be used such force as, in the opinion of such officer, is reasonably necessary to ensure compliance with such order.

1. (1) Every such notice or order issued or made under this Act, rules or bye-laws, may be served on any person by properly addressing the same and sending it by registered post with acknowledgement due to the last known place of residence or business of such person: Provided that any notice concerning any meeting called by a cooperative society shall be issued by delivering it personally after obtaining a certificate of posting and/or acknowledgement of its receipt. (2) Any acknowledgement which purports to be signed by such person, or an endorsement made by a postal employee to the effect that the person refused to take delivery, shall be deemed prima facie evidence of service: Provided that if the notice cannot be served in any manner provided under this Act or rules made thereunder, or under the bye-laws of the society, a copy thereof shall be affixed at the last known place of residence of the person to whom the notice is to be given or at such place or at any place of public gathering.

Every such officer or person and also every employee or every authority of a cooperative bank or a cooperative society who is exercising the powers under this Act or rules or bye-laws made thereunder, or is authorized to exercise such powers, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (No. 45 of 1860).

No suit, prosecution or other legal proceeding shall lie against the Registrar or any person who is his subordinate or is acting under his authority, in respect of anything which is done in good faith under this Act or which was intended to be done in good faith by him under this Act.

1. (1) In exercising the powers conferred on him by or under this Act, the Registrar, his nominee or board of nominees, 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 (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) proof of facts by affidavits; and
   • (d) issuing commissions for examination of witnesses.
2. (2) In the case of any affidavit, any officer appointed by the Registrar, his nominee or board of nominees or the liquidator, as the case may be, may administer oath to the deponent.

The Registrar or any person empowered by him in this behalf shall be deemed, when exercising any powers under this Act for the recovery of any amount by the attachment and sale or by sale without attachment of any property, or when passing any orders on any application made to him for such recovery or for taking a step in aid of such recovery, to be a civil court for the purposes of Article 182 of the First Schedule to the Indian Limitation Act, 1908 (IX of 1908).

The provisions of the Companies Act, 1956 (Act No. 1 of 1956) shall not apply to societies registered under this Act.

Nothing contained in the Chhattisgarh Shops and Establishments Act, 1958 (No. 25 of 1958), the Chhattisgarh Industrial Workmen (Standing Orders) Act, 1959 (No. 19 of 1959) and the Chhattisgarh Industrial Relations Act, 1960 (No. 27 of 1960) shall apply to any society registered under this Act.

No suit shall be instituted against a society or any of its officers in respect of any act relating to the formation, management or business of that society, until the expiration of two months next after notice in writing has been delivered to the Registrar or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims, and the plaint shall contain a statement that such notice has been so delivered or left.

1. (1) The Government may, for the whole or any part of the State and for any society or class of societies, make rules for the conduct and regulation of the business of such society or class of societies and for carrying out all or any of the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may,-
   • (a) subject to the provisions of Section 3 prescribe the delegation of powers vested in the Registrar to persons appointed to assist the Registrar and prescribe the manner of forwarding the copies of the proposed amendment of the bye-laws to the Registrar.
   • (b) prescribe the forms to be used and the conditions to be complied with in the making of applications for the registration of a society and the procedure in the matter of such applications;
   • (c) prescribe the matters in respect of which a society may make or the Registrar may direct a society to make, bye-laws and the procedure to be followed in making, altering and abrogating bye-laws and the conditions to be satisfied prior to such making, alteration or abrogation; (c-1) prescribe the period for the training of a member of a society and the manner of calling upon a member of a society to attend the course of training; (c-2) prescribe the manner of regulating the voting right of individual member of a federal society;
   • (d) prescribe the procedure to be followed and conditions to be observed for change of name or liability, reorganisation or reconstruction of society;
   • (e) prescribe the conditions to be complied with by a person applying for admission or admitted as a member and provide for the election and admission of members and the payment to be made and the interest to be acquired before the exercise of the right of membership;
   • (f) subject to the provisions of section 24, prescribe the maximum number of shares or portion of the capital of a society which may be held by a member;
   • (g) provide for the withdrawal or removal of members and for the payments to them;
   • (h) provide for the nomination of person to whom the share or the interest of a deceased member may be paid or transferred;
     • (i) provide for ascertaining the value of a share or interest of a past members or deceased member;
   • (j) prescribe the payments to be made and the conditions to be complied with by members applying for loans, the period for which loans may be made, and the amount which may be lent to an individual member; (j-1) prescribe the proportions for reservation of seats for members belonging to scheduled castes, scheduled tribes and economaly weaker section on the committee of a resource society and provide for holding of an office of President/ Chairman or Vice-President/ Vice-Chairman of resource society by a member belonging to the aforesaid castes, tribes or section;
   • (k) provide for the inspection of documents in the office of the Registrar or of any other officer or authority and the levy of fees for granting certified copies of the same;
   • (l) provide for the formation and maintenance of a register of members and where the liability of the members is limited by shares, of a register of shares and a list of members;
   • (m) provide for securing that the share capital of any society shall be variable in such a way as may be necessary to secure that the share shall not appreciate in value and the necessary capital shall be available for the society as required;
   • (n) prescribe the terms and conditions on which Government may make share capital contribution or give assistance, financial or other, to societies and the terms and conditions on which Government may guarantee the payment of the principal of and interest on debentures issued by societies or loans raised by them;
   • (o) regulate the manner in which funds may be raised by a society or a class of societies by means of shares or debentures or otherwise and the quantum of funds so raised;
   • (p) prescribe the manner of giving intimation to the Tahsildar about the details of the debt of outstanding demand owing to the society from a member, past member or deceased member;
   • (q) prescribe the procedure by which a society shall calculate and write off bad debts;
   • (r) provide for the formation and maintenance of reserve funds, and the objects to which such funds may be applied and for the investment and use of any fund including reserve fund under the control of a society;
   • (s) prescribe the rate at which a society shall contribute towards the Chhattisgarh State Co-operative Union;
   • (t) prescribe the mode of investment of funds of a society under section 44 and the proportion of investment in any security or class of securities;
   • (u) provide for the payment of contribution to any provident fund which may be established by a society for the benefit of officers and servants employed by them and for the administration of such provident fund;
     • (v) provide for general meetings of the members and the procedure at such meetings and the powers to be exercised by such meetings;
   • (w) provide for the appointment, suspension and removal of the members of the committee and other officers and for the appointment of a person or persons under section 53 and prescribe procedure at meetings of the committee and for the powers to be exercised and the duties to be performed by the committee, person or persons and other officers;
     • (x) prescribe qualification and disqualification for members of the committee and employees of a society or class of societies and the conditions of service subject to which persons may be employed by societies;
   • (y) prescribe the returns to be submitted by society to the Registrar and provide for the person by whom and the form in which such returns shall be submitted;
   • (z) provide for the person by whom and the form in which copies of documents and entries in books of societies may be certified and the charges to be levied for the supply of copies thereof;
   • (aa) prescribe the accounts and books to be kept by a society and provide for the audit of such accounts and the charges, if any, to be made for such audit, and for the periodical publication of a balance sheet showing the assets and liabilities of a society;
   • (bb) provide for appointment of Registrar’s nominee or board of nominees, procedure to be followed in proceedings before the Registrar or his nominee or board of nominees, and for fixing and levying the expenses for determining the dispute and for enforcing the decisions or executing awards in such proceedings;
   • (cc) provide for the issue and service of processes;
   • (dd) prescribe the procedure for and the method of recovery of any sums due under this Act or the rules;
   • (ee) prescribe the procedure to be followed for the custody of property attached under section 68.
   • (ff) Prescribe the procedure and conditions for the exercise of the powers conferred under Section 71 and the procedure to be followed by a liquidator and provide for the disposal of surplus assets;
   • (gg) prescribe the procedure to be followed in presenting and disposal of appeals revisions and review.
     • (ii) prescribe the method of communicating or publishing any order decision or award required to be communicated or published under this Act or the rules; and
   • (jj) provide for all matters required or allowed by this Act to be prescribed by rules.
3. (3) All rules made under this Act shall be laid on the table of Legislative Assembly.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may pass such order not inconsistent with the provisions of this Act, as it may deem necessary to remove such difficulty: Provided that no such order shall be passed after the expiry of the period of two years from the date of coming into force of this Act. (2) The order passed under sub-section (1) shall be laid on the tablt of the legislative assembly, as soon as may be, and in any case, not later than the last day of session next following the date of the order.

1. (1) The Co-operative Societies Act, 1912 (II of 1912), in its application to Mahakoshal region, the Madhya Bharat Co-operative Societies Act, 1955 the Vindhya Pradesh Co-operative Societies Ordinance, 1949 the Bhopal State Co- operative Societies Act, 1937 (XI of 1937) and the Rajasthan Co-operative Societies Act, (IV of 1953) in its application to the Sironj region are hereby repealed.
2. (2) Notwithstanding such repeal-
   • (i) any society registered or deemed to have been registered under the enactments specified in sub-section (I) shall be deemed to be registered under this Act and its bye-laws shall, so far as the same are not inconsistent with the provisions of this Act be deemed to be registered under this Act and continue in force until altered or rescinded;
   • (ii) all appointments, rules and orders made, notifications and notices issued and suits and other proceedings instituted under any ofthe said enactments shall so far as may be, be deemed to have been respectively made, issued and instituted under this Act.

1. (1) Notwithstanding anything contained in this Act or the Rules made thereunder. if the Government, on receipt of a report from the Registrar or otherwise, is satisfied that in the public interest it is necessary to reorganise any society or societies for the purpose of securing proper implementation of development programmes or for promoting the interest of the cooperative sector, it may make such scheme of reorganisation and issue orders to implement the said scheme. (2) There shall be the provisions in scheme of reorganisation regarding: (a) Method of reorganisation; (b) Procedure for reorganisation; (c) To the membership, registration, management, assets and liabilities, powers, rights, interests, duties, staff and conditions of employment of such society or societies which are made after reorganisation; (d) Such other consequential, incidental and supplementary provisions as may be necessary; (e) Any other subject as may de emed necessary by the State Government. The State Government may modify or cancel any reorganisation scheme made or issue orders under sub-section (1). The provisions regarding every reorganisation scheme and the orders issued by the State Government shall be binding upon the interested parties. Every scheme of such reorganisation shall be published in the official Gazette for general information.

A society may co-operate with any co-operative, any undertaking of any government or any undertaking approved by the State Government for any specific business, including industrial production, financial assistance or marketing and management expertise.

Any two or more societies may, by a resolution passed by a majority of the members present and voting at a general meeting of each such society, enter into a contract of partnership for any particular business permissible under the by-laws, on such terms and conditions as may be mutually agreed upon, where such partnership involves the formation of a new organization.

Where a student, who is not competent to contract under section 11 of the Indian Contract Act, 1872 ( 9 of 1872), desires to become a member of a society formed exclusively for the benefit of students, his application for the registration of a society or his application for membership shall be accompanied by a written undertaking from his guardian or other person competent to contract under section 11 of the said Act in the prescribed form, in respect of the liability of the student as a member.

Where a person is refused admission as a member in a society, the decision refusing admission shall be communicated by the society to that person within thirty days of the date of such decision.

No society shall, without sufficient cause, refuse admission to membership to any person, duly qualified there for under the provisions of this Act and the byelaws of the society.

Any person aggrieved under sub-section (4) or sub-section (5) may appeal to the Registrar within ninety days of the date of rejection.

The decision of the Registrar in appeal shall be final and the Registrar shall communicate his decision to the parties within thirty days from the date thereof.

;fn dksbZ O;fDr ftls fdlh lkslkbVh ds lnL; ds :Ik esa izos’k fn;k x;k gks] ckn esa mu fujgZrkvksa esa ls] tks fd /kkjk 19&d esa fofufnZ"V dh xbZ gS] fdlh Hkh fujgZrk ds v/;/khu gks tk;] rks ,slk O;fDr ml lkslkbVh dk lnL; ugha jg tk;xk rFkk jftLVªkj mlds LFkku dks fjDr ?kksf"kr djsxk-

dksbZ Hkh O;fDr fdlh lkslkbVh dh lfefr ds lnL; ds :Ik esa fuokZpu ds fy, ik= ugha gksxk vSkj ml :Ik esa vius in ij ugha jg tk,xk] ;fn og ,slh fujgZrk ls xzLr gSa] tks fofgr dh tk,] dksbZ Hkh lkslkbVh fdlh lnL; dks fdlh vU; lkslkbVh dh lfefr esa vius izfrfuf/k ds :Ik esa ;k vU; lkslkbVh es lkslkbVh dk izfrfuf/kRo djus ds fy, fuokZfpr ugha djsxh] ;fn og ,slh fujgZrk ls xzLr gSa] tks fofgr dh tk,% ijUrq ;fn dksbZ lnL; bl /kkjk ds v/khu fofgr fujgZrkvksa esa ls fdlh fujgZrk ls xzLr gSa rks & ( ,d) lkslkbVh dh lfefr ds fy, ;g fof/kiw.kZ gksxk fd og ;g ckr mldh tkudkjh esa vkus dh rkjh[k ls nks ekl ds Hkhrj] ,sls lnL; dks] tgkW og ml lkslkbVh dk lnL; gksus ds ukrs lapkyd ds :i esa fuokZfpr gks tkrk gS mls lqus tkus dk ;qfDr;qDr volj nsus ds i’pkr~ og in /kkj.k djus ls] fujfgZr dj ns] (nks) ;fn og lnL; izfrfuf/k ds :Ik esa vius dk;ksZ ds dkj.k mPpLrjh; lkslkbVh esa fujgZrk mixr dj ysrk gSa rks ,slh mPpLrjh; lkslkbVh mls mPpLrjh; lkslkbVh esa in /kkj.k djus ds fy, fujfgZr djus gsrq dk;Zokgh djsxh] ;fn lkslkbVh dk;Zokgh djus esa vlQy jgrh gS rks jftLVªkj ,sls lnL; dks lqus tkus dk ;qfDr;qDr volj nsus ds i’pkr~ mls ,slk in /kkj.k djus ls fyf[kr vkns’k }kjk fujfgZr dj nsxkA

1. (1) lfefr] fu

said land or interest therein or any other immovable property has been sought to be sold by public auction and no person has offered to purchase it for a price which is sufficient to pay to the society the money due to it; Provided that only such portion of the property shall be sold as may be reasonably sufficient to satisfy the debt and interest thereon.

1. (2) A society which acquires land or interest therein or any other immovable property in exercise of the power vested in it under sub-section (1), may dispose it of by sale within a period to be specified by the Registrar in this behalf,
2. (3) If the society has to lease out any land acquired by it under sub-section (1),pending sale thereof as indicated in sub-section (2) the period of lease shall not exceed one year at a time and the lessee shall not acquire any interest in that property, notwithstanding any provisions to the contrary in any other law for the time being in force.
3. (4) A sale by a society of land or interest therein in terms of this section shall be subject to the provisions of any other law for the time being in force providing for restrictions on purchase of land by non-agriculturists or in excess of ceiling limits or involving fragmentation of land below a specified limit.
4. (5) Nothing in this section shall be construed to empower the society to sell any land or interest therein of a person belonging to an aboriginal tribe, which has been declared to be an aboriginal tribe by the State Government by notification under sub-section (6) of section 165 of the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959) to a person not belonging to such tribe.
5. (6) Nothing in the Chhattisgarh Ceiling on Agricultural Holdings Act, 1960 (No. 20 of 1960) shall apply to a society acquiring land under sub-section (1) and holding such land till such time as the society is in a position to sell the land in the manner provided in this section or otherwise, at a price which is adequate to cover its dues.

1. (1) rRle; izo`Rr fdlh fof/k esa varfoZ"V fdlh ckr ds gksrs gq, Hkh] fdlh lkslkbVh dks ;g 'kfDr gksxh fd og Lo;a ml d`f"k dk ;k mlesa ds fgr dk ;k fdlh Hkh LFkkoj laifRr dk] tks fd fdlh lnL; us fdlh ,slh foRrh; lgk;rk ds laca/k esa] ftldk fd mlds }kjk miHkksx fd;k x;k gks] lkslkbVh ds i{k esa Hkkfjr ;k cU/kfdr dj nh@fn;k gks] vtZu djsa] ijUrq ;g rc tc fd og mDr Hkwfe dk ;k mlesa ds fgr dk ;k fdlh vU; LFkkoj laifRr dk foØ; yksd uhyke }kjk fd;k tkuk pkgk x;k gks] vkSj fdlh Hkh O;fDr us mldk Ø; ml dher ij djus dh izLFkkiuk u dh gks] tks fd lkslkbVh dks ml /ku dk] tks fd mls 'kks/; gks] Hkqxrku djus ds fy;s i;kZIr gks% ijUrq Hkwfe ;k laifRr ds dsoy ,sls Hkkx dk fodz; fd;k tk;sxk tks fd _.k vkSj ml ij dk C;kt pqdkus ds fy;s ;qfDr;qDr :Ik ls i;kZIr gks-
2. (2) dksbZ lkslkbVh] tks mi/kkjk ¼1½ ds v/khu mlesa fufgr dh xbZ 'kfDr dk iz;ksx djrs gq,] Hkwfe ;k mlesas ds fgr dk ;k fdlh Hkh vU; LFkkoj laifRr dk vtZu djsa] mldk O;;u foØ; }kjk ,slh dkykof/k ds Hkhrj dj ldsxh tks fd jftLVªkj }kjk bl laca/k esa fofufnZ"V dh tk;sxh-
3. (3) ;fn lkslkbVh dks mi/kkjk ¼1½ ds v/khu mlds }kjk vftZr dh xbZ dksbZ Hkwfe] mi/kkjk ¼2½ esa minf’kZr fd;k x;k gks vuqlkj mldk foØ; gksus rd ds fy;s iV~Vs ij nsuh gS] rks iV~Vs dh dkykof/k ,d le; esa ,d o"kZ ls vf/kd ugha gksxh vkSj iV~Vsnkj rRle; izo`Rr fdlh vU; fof/k esa fdUgha izfrdwy micU/kksa ds gksrs gq, Hkh] ml Hkwfe ;k laifRr esa dksbZ fgr vftZr ugha djsxk-
4. (4) bl /kkjk ds 'kCnksa esa] Hkwfe dk ;k mlesa ds fgr dk fdlh lkslkbVh }kjk dksbZ foØ; rRle; izo`Rr fdlh Hkh vU; fof/k ds mu micU/kksa ds v/;/khu jgrs gq, gksxk tks fd vd`"kdksa }kjk fd;s tkus okys Hkwfe ds Ø; ij ;k mPpre lhek ls vf/kd Hkwfe ds Ø; ij ;k Hkwfe ds ,sls Ø; ij] ftlls fd Hkwfe ds [kaM fdlh fofufnZ"V lhek ls de ds curs gksa] fucZU/ku yxkrs gksa-
5. (5) bl /kkjk esa dh fdlh Hkh ckr dk ;g vFkZ ugha yxk;k tk;xk fd og lkslkbVh dks bl ckr ds fy;s l’kDr djrh gS fd og fdlh ,slh vkfnoklh tutkfr ds] ftls fd jkT; ljdkj us NRrhlx<+ yS.M jsosU;w dksM] 1959 ¼Ø- 20 lu~ 1959½ dh /kkjk 165 dh mi/kkjk ¼6½ ds v/khu vf/klwpuk }kjk vkfnoklh tutkfr gksuk ?kksf"kr fd;k gks] fdlh O;fDr dh fdlh Hkwfe dk ;k mlesa ds mlds fgr dk foØ; fdlh ,sls O;fDr dks djs tks fd ,slh tutkfr dk u gks-
6. (6) NRrhlx<+ lhfyax vku ,xzhdYpjy gksfYMaXt ,DV] 1960 ¼Ø- 20 lu~ 1960½ esa dh dksbZ Hkh ckr fdlh ,slh lkslkbVh dks ykxw ugha gksxh tks mi/kkjk ¼1½ ds v/khu Hkwfe dk vtZu djrh gks vkSj ,slh Hkwfe dks ml le; rd /kkj.k fd;s jgrh gks tc rd fd og lkslkbVh ml Hkwfe dks bl /kkjk esa micaf/kr dh xbZ jhfr esa ;k vU;Fkk ,slh dher ij tks fd mlds 'kks/;ksa ds pqdkjs ds fy;s i;kZIr gks] cspus dh fLFkfr esa u gkas-

1. (1) tgka fdlh lkslkbVh dks fdlh o"kZ esa ifjpkyu ?kkVk gksrk gS] ogka lfefr mlds dkj.kksa dks lk/kkj.k fudk; ds le{k izLrqr djsxh-

1. (1) ykHk vftZr djus okyh dksbZ lkslkbVh o"kZ ds ldy ykHkksa ls ls fuEufyf[kr dh dVkSrh djds 'kq} ykHk dh lax.kun djsxh%& (d) m/kkj ys[kkvksa ij izksn"Hkwr leLr vfr’kks/; C;kt( ([k) izca/k izHkkj( (x) m/kkjksa ¼yksUl½ rFkk fu{ksiksa ij ns; C;kt( (?k) laijh{kk ¼vkfMV½ Qhl( (M) dkedkt laca/kh [kpsZ ftlds varxZr gS ejEer] HkkVd] dj( (p) vo{k;.k( (N) cksul lank; vf/kfu;e] 1965 ¼Ø- 21 lu~ 1965½ ds v/khu deZpkfj;ksa dks ns; cksul( (t) vk;dj ds lank; ds fy;s izko/kku( (>½ jkT;@ftyk lgdkjh la?k] tks fd vf/klwfpr fd;k tk;] dks vfHknk; ds Hkqxrku ds fy;s izko/kku( (=½ fodkl fuf/k] Mwcar _.k fuf/k] ewY; mrkj&p<+ko fuf/k] ykHkka’k lekuhdj.k fuf/k] fofu/kku mrkj&p<+ko fuf/k vkSj ,slh vU; fuf/k;ksa ds fy;s izko/kku tks fd jftLVªkj }kjk bl fufeRr fofufnZ"V dh tk;s( (V) deZpkfj;ksa dks lsokfuo`fRr izlqfo/kkvksa ds fy;s izko/kku vkSj mu lkslkbfV;ksa dh n’kk esa] tks miHkksDrk eky dk dkjckj djrh gS] lnL; dks lanRr fd;s tkus okys Ø; fjcsV ds fy;s izko/kku( vkSj (B) Mwcr _.k dks vkSj ,slh gkfu;ksa dks tks ykHkksa ls l`ftr fdlh Hkh fuf/k ds izfr lek;ksftr ugha fd;s x;s gS] cV~Vs [kkrs Mkys tkus ds fy;s izko/kku-
2. (2) rFkkfi] dksbZ Hkh lkslkbVh o"kZ ds dqy ykHkksa ls ml C;kt dks tksM+ ldsxh tks iwoZorhZ o"kksZa esa izksn"Hkwr gqvk gS fdUrq o"kZ ds nkSjku okLro esa olwy fd;k x;k gS- bl izdkj fudkys x;s 'kq) ykHk iwoZ o"kZ ls vkxs ys x;s ykHkksa dh jde lfgr /kkjk 43 ds iz;kstuksa ds fy;s fofu;ksftr fd;s tkus gsrq miyC/k jgsaxs

1. (2) No person shall be entitled to vote in any election of the committee, representatives or delegates of the society if he is in default for a period exceeding twelve months to such society or any other society, in respect of any loan or advance taken by him as a member of such society.

1. (1) Every society shall maintain such records, registers and books of accounts and shall furnish to the Registrar such information and such returns as may be required by him from time to time.
2. (2) Every society shall fix specific responsibility on the officer or employee of the society to maintain such records, registers, books of accounts and to furnish to the Registrar such information and such returns as may be required by order by him, from time to time within the period specified in such order.
3. (3) If any officer or the employee of the society on whom specific responsibility has been fixed under sub-section (2), fails to maintain the records, registers, books of accounts and to furnish to the Registrar, such information and such returns as may be required by the Registrar within the specified time, the Registrar may, by order, declare such officer to be disqualified for being a member of the committee for such period not exceeding three years as he may specify in such order and if the officer is an employee of the society, impose on him a penalty not exceeding five thousand rupees; Provided that no order shall be made under this sub-section unless the person concerned is given a reasonable opportunity of being heard.

1. (1) Where the Registrar is satisfied that the books and records of a society are likely to be suppressed, tempered or destroyed or the funds and property of any society are likely to be misappropriated or misapplied, the Registrar or the person authorized by him may apply to the Executive Magistrate within whose jurisdiction the society is functioning, to seize and take possession of the records and property of the society.
2. (2) On receipt of the application under sub-section (1), the Magistrate may authorize any police officer not below the rank of Sub-Inspector, to enter and search any such place where such records and property are kept or are likely to be kept, and to seize them and hand over the possession thereof, as is, to the Registrar or the person authorized by him.

For the purpose of conducting audit and supervision of any society or class of societies, the State Government may constitute an Audit Board which may exercise such powers of the Registrar as the State Government may, by notification specify in this behalf and the Audit Board shall exercise these powers to the exclusion of the Registrar.

1. (1) Notwithstanding anything contained in this Act or the rules or the byelaws of a society where the State Government has contributed to its share capital or has given loans or financial assistance or has guaranteed the repayment of loans, debentures, advances or has given grants in any other form and if in the course of an audit, inquiry, inspection or the winding up of a society or otherwise, it is found that any person who is or was entrusted with organisation or management of such society or any deceased, past or present Chairman or Secretary, member of the Committee, Officer or employee of the society has made any payment contrary to the provisions of this Act or the rules made thereunder or byelaws of a society or has caused any deficiency or loss by gross negligence or misconduct or has misappropriated or fraudulently retained any money or other property belonging to such society, the Registrar may on his own motion or on the application of the committee, liquidator or any creditor, enquire himself or direct some person authorised by him, by an order in writing in this behalf, to enquire into the conduct of such person within two years of the date of the report of audit, enquiry or inspection, or winding up, as the case may be; Provided that no such enquiry shall be instituted against a person unless the person concerned is given a reasonable opportunity of being heard.
2. (2) If, on enquiry made under sub-section (1), the Registrar is satisfied that there are reasonable grounds for an order under this sub-section, he may make an order requiring such person, or in the case of a deceased person, his legal representative who inherits his estate, to repay or restore the money or property or any part thereof, with interest at such rate, or to pay contribution and costs or compensation to such extent as the Registrar may consider just and equitable: Provided that no order under this sub-section shall be made unless the person concerned is given a reasonable opportunity of being heard in the matter. Provided further that the liability of a legal representative of the deceased shall be to the extent of the property of the deceased which has come to the hands of such legal representative.
3. (3) Any person aggrieved by the order made under sub-section (2), may within thirty days from the date of communication of the order to him appeal to the State Government. Provided that in computing the period of limitation, the time requisite for obtaining a copy of the order appealed against shall be executed.
4. (4) Any order made under sub-section (2) or sub-section (3) shall be enforced in accordance with the provisions of section 85.
5. (5) If the Registrar is satisfied by an affidavit, enquiry or otherwise that any person with intent to delay or obstruct the enforcement of any order that may be made against him under this Section-
   • (a) is about to dispose of the whole or any part of his property : or
   • (b) is about to remove the whole or any part of his property from the jurisdiction of the Registrar; he may, unless adequate security is furnished, direct the conditional attachment of the said property or such part thereof as he thinks necessary.

For the purpose of conducting audit of a society or class of societies and its supervision, the State Government may constitute an Audit Board which shall exercise such powers of the Registrar as the State Government may, by notification, specify for this purpose and the Audit Board shall exercise these powers, while excluding the Registrar.

1. (1) The Registrar shall audit or cause to be audited by a person authorised by him in writing by general or special order in this behalf, the accounts of every society once at least every year and shall recover from such society such fees as may be prescribed; Provided that,-
   • (i) the State Government may, by notification, for reasons to be specified, therein, exempt any class of societies;
   • (ii) the Registrar may for reasons to be recorded in writing , exempt any society from the payment of fees or part thereof, under this sub-section; Provided further that a Central Society or an Apex Society or an Urban Co-operative Bank may get the accounts audited by a Chartered Accountant approved by the Registrar. Provided also that if there is a complaint of financial irregularities or embezzlement after the completion or issuance of the audit report, the Registrar may order special audit for the purpose.
2. (2) The audit under sub-section (1) shall include examination of the accounts and the overdue debts, if any compliance of the instructions and orders of the Registrar issued under this Act, rules made thereunder and byelaws of the society, the verification of cash balance and securities and valuation of the assets and liabilities of the societies and such other items as may be specified by the Registrar.
3. (3) The Registrar or the authorised person shall at all times have access to all the books, accounts, documents, papers, securities, cash and other properties belonging to, or in the custody of the society and may summon any person in possession of or responsible for, the custody of any such books, accounts, documents, papers, securities, cash or other properties, to produce the same at any place at the headquarters of the society or any branch thereof.
4. (4) Every person who is or has at any time been, an officer or employee of the society and every member and past member of a society shall furnish such information in regard to the transactions and working of the society as the Registrar or the person authorised by him may, require.

1. (1) All officers, members and past members, of the society in respect of whom an inquiry is held, and any other person who, in the opinion of the officer holding the inquiry is in possession of the information, books and paper relating to the society, shall furnish such information as is in their possession and produce all books and papers relating to the society which are in their custody or power, and otherwise give to the officer holding an inquiry all assistance in connection with the enquiry which they can reasonably give.

1. (1) The Registrar may on the application of,-
   • (i) a society to which the society is affiliated; or
   • (ii) a creditor to whom the society is indebted; or
   • (iii) not less than one third of the members of the committee; or
   • (iv) not less than one-tenth of the total number of members of the society; hold an inquiry or cause an inquiry to be made into the specific matters raised in the application relating to the constitution, working and financial condition of the society.
2. (2) The Registrar shall order an inquiry only after the receipt of a fee as may be prescribed, from the applicant or applicants, deemed sufficient to meet the costs of the inquiry to be conducted.
3. (3) The inquiry shall be completed within a period of four months from the date of ordering the inquiry.
4. (4) The Registrar shall, within a period of one month from the date of completion of inquiry , communicate the report of the inquiry,-
   • (i) to the society concerned;
   • (ii) to the applicants or the person designated by the applicants to receive such report;
   • (iii) any member of a society;
   • (iv) federation of which the society is a member;
   • (v) creditor; on payment of the prescribed fee.

Notwithstanding anything to the contrary contained in this Act, the Registrar shall make an order for winding up of a Co-operative bank, if so required by the Reserve Bank of India in the circumstances mentioned in section 13-D of the Deposit insurance and credit Guarantee Corporation Act, 1961 (No. 47 of 1961) or otherwise.

Where a Co-operative Bank, being an insured bank within the meaning of the Deposit Insurance Corporation Act, 1961 (No. 47 of 1961), is wound up, or taken into liquidation, and the Deposit Insurance Corporation has become liable to the depositors of the insured bank under sub-section (1) of section 16 of that Act, the Deposit Insurance Corporation shall be re-imbursed in the circumstances, to the extent and in the manner provided in section 21 of the Deposit Insurance Corporation Act, 1961 (No.47 of 1961).

After the appointment of the liquidator, all powers of the Committee of a Society, whether elected or nominated, shall cease and the employees of the Society shall thereafter work under the control and supervision of the liquidator.

1. (2) If any such person refuses to produce before the Registrar or any person authorised by him under sub-section (1) of section 59 any book or paper which is his duty under sub-section (1) 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-section (1), the Registrar or the person authorised by the Registrar may certify the refusal and the Registrar may, after hearing, any statement which may be offered in defence punish the defaulter with a penalty not exceeding Rs. 1,000. Any sum imposed as penalty under this section shall, on the application by the Registrar or the person authorised by him, to a Magistrate, having jurisdiction, be recoverable by the Magistrate as if it were a fine imposed by himself.

When an application for appeal, revision or review is made to State Government, or Registrar under this Act, it may in order to prevent the ends of justice being defeated, make such interlocutory orders pending the decision of the appeal or application, as the case may be, as may appear to it/him to be just and convenient, or make such orders as may be necessary for the ends of justice; or to prevent the abuse of the legal procedure.

1. (1) An officer who has passed any order or his successor in office may, at any time before the expiry of the period prescribed for appeal or revision, direct the execution of such order to be stayed for such time as may be required for filing an appeal or revision and obtaining a stay order from the appellate or revisional authority.
2. (2) The authority exercising the powers conferred by section 77, section 78 or section 80 may direct the execution of the order under appeal or revision or review to be stayed for such time as it may think fit.
3. (3) The officer or authority directing the execution of an order to be stayed may impose such conditions or order such security to be furnished as he or it thinks fit.

Every appeal or revision or any other proceeding pending before the Madhya Pradesh Sate Co-operative Tribunal under the Principal Act, shall stand transferred to the State Government on the date on which the Chhattisgarh Co-operative Societies (Amendment) Act, 2003 comes into force.

Any officer or any authority shall exercise such powers, delegated to the State Government by or under this Act, in such areas and in such cases as the State Government may direct by special or general order

/kkjk 77 ,oa 78 ds mica/kksa ds v/;/khu jgrs gq, jftLVªkj] vij jftLVªkj] la;qDr jftLVªkj ;k mi- jftLVªkj bl vf/kfu;e ds mica/kksa ds v/khu mn~Hkwr gksus okys fdlh ekeys ;k fdlh oxZ ds ekeyksa dks fofu’p; ds fy, vius v/khuLFk fdlh ,sls vf/kdkjh dks] tks ,sls ekeys ;k ,sls oxZ ds ekeyksa dks fofu’p; djus ds fy, l{ke gks] viuh Lo;a dh Qkby esa ls vUrfjr dj ldsxk ;k og fdlh Hkh ,sls vf/kdkjh ls fdlh ekeys ;k fdlh oxZ ds ekeyksa dks izR;kâr dj ldsxk rFkk ,sls ekeyks ;k ,sls oxZ ds ekeyksa ds laca/k esa Lo;a dk;Zokgh dj ldsxk ;k mUgsa vius v/khuLFk fdlh vU; ,sls vf/kdkjh dks] tks ,sls ekeys ;k ,sls oxZ ds ekeyksa dks fofu’p; djus ds fy, l{ke gks] fufnZ"V dj ldsxkA" }, { "id": "80-C", "section": "80-x", "title": "vUroZrhZ vkns’k djus dh 'kfDr", "status": "in-force", "deleted_by": null, "content": "tgka dksbZ vihy ;k iqujh{k.k ;k iqufoyksdu ;k dksbZ vU; vkosnu bl vf/kfu;e ds v/khu jkT; ljdkj ;k jftLVªkj dks fd;k x;k gks] ogka ;FkkfLFkfr jkT; ljdkj ;k jftLVªkj] U;k; ds m)s’;ksa dks foQy gksus ls jksdus ds fy, ;FkkfLFkfr vihy ;k iqujh{k.k ;k iqufoZyksdu ds vkosnu&i= ij fofu’p; yafcr jgus dh vof/k esa ,sls vUroZrhZ vkns’k dj ldsxk] tks fd mls U;k;laxr ,عoa lqfo/kkiw.kZ izrhr gks ;k ,sls vkns’k dj ldsxk] tks U;k; ds m)s’;ksa ds fy, ;k mldh izfØ;k ds nq#i;ksx dks jksdus ds fy, vko’;d gksaA" }, { "id": "80-D", "section": "80-?k", "title": "vkns'kksa ds fu"iknu dk jksdk tkuk", "status": "in-force", "deleted_by": null, "content": "(1) vf/kdkjh ;k izkf/kdkjh ftlus dksbZ vkns’k ikfjr fd;k gks ;k mldk in mRrjorhZ] vihy ;k iqujh{k.k ds fy, fofgr dh xbZ dkykof/k dk volku gksus ds iwoZ] fdlh Hkh le;] ;g funsZ’k ns ldsxk fd ,sls vkns’k dk fu"iknu mrus le; rd ds fy, jksd fn;k tk;s tks vihy ;k iqujh{k.k QkbZy djus rFkk vihy ;k iqujh{k.k izkf/kdkjh ls jksd vkns’k (LVs vkMZj) vfHkizkIr djus ds fy, visf{kr gksA (2) og izkf/kdkjh] tks /kkjk 77 ;k /kkjk 78 ;k /kkjk 80 }kjk iznRr 'kfDr;ksa dk iz;ksx dj jgk gks] ;g funsZ’k ns ldsxk fd ml vkns’k dk] tks vihy ;k iqujh{k.k ;k iqufoZyksdu ds v/khu gS] fu"iknu mrus le; rd ds fy, jksd fn;k tk,] tSlk fd og mfpr le>sA (3) fdlh vkns’k dk fu"iknu jksd fn, tkus dk funsZ’k ns us okyk vf/kdkjh ;k izkf/kdkjh ,slh 'krsZ vf/kjksfir dj ldsxk ;k ,slh izfrHkwfr fn;s tkus dk vkns’k ns ldsxk] tSlk fd og mfpr le>s A" }, { "id": "80-E", "section": "80-M", "title": "Yafcr ekeyksa dk varj.k", "status": "in-force", "deleted_by": null, "content": "ewy vf/kfu;e ds v/khu e/;izns’k jkT; lgdkjh vf/kdj.k ds le{k NRrhlx<+ lgdkjh lkslkbZVh (lalks/ku) vf/kfu;e] 2003 ds izHkko’khy gksus dh rkjh[k ij yafcr izR;sd vihy ;k iqujh{k.k ;k dksbZ vU; dk;Zokgh jkT; ljdkj dks varfjr gks tk,xhA" }, { "id": "80-F", "section": "80-p", "title": null, "status": "in-force", "deleted_by": null, "content": "dksbZ vf/kdkjh ;k dksbZ izkf/kdkjh bl vf/kfu;e }kjk ;k mlds v/khu jkT; ljdkj dks iznRr dh xbZ ,slh 'kfDr;ksa dk tSlk fd jkT; ljdkj fo’ks"k ;k lk/kkj.k vkns’k ls izR;k;ksftr gksdj ,sls {ks=ksa ds Hkhrj rFkk ,sls izdj.kksa esa iz;qDr djsaxs] tSlk fd jkT; ljdkj fofufnZ"V djsaA" }, { "id": "81", "section": "81", "title": "ljdkj dks 'kks/; jkf’k;ksa dh olwyh-", "status": "in-force", "deleted_by": null, "content": "(1) os leLr jkf’k;ka] tks fdlh lkslkbVh ;k fdlh lkslkbVh ds fdlh vf/kdkjh] lnL; ;k HkwriwoZ lnL; ;k fdlh e`r lnL; }kjk ml gSfl;r esa jkT; ljdkj dks 'kks/; gksa] ftuds vUrxZr dksbZ ,sls [kpsZ Hkh vkrs gSa tks bl vf/kfu;e ds fdUgha mica/kksa ds v/khu ljdkj dks fnyok;s x;s gksa] jftLVªkj }kjk bl laca/k esa tkjh fd;s x;s izek.k i= ij] mlh jhfr esa olwy fd;s tk lldsaxs ftl jhfr esa fd Hkw&jktLo ds cdk;k olwy fd;s tkrs gS- (2) os jkf’k;ka] tks fdlh lkslkbVh }kjk jkT; ljdkj dks 'kks/; gksa rFkk mi/kkjk (1) ds v/khu olwyh ;ksX; gksa]& (v) izFker%] lkslkbVh dh lEifRr ls( (c) f}rh;r%] fdlh ,slh lkslkbVh dh n’kk esa] ftlds fd lnL;ksa dk nkf;Ro lhfer gks] lnL;ksa ;k HkwriwoZ lnL;ksa ls] ;k e`r lnL;ksa dh lEinkvksa ls] muds nkf;Ro dh lhek ds v/;/khu jgrs gq,] olwy dh tk ldsxh% ijUrq e`rd ds fdlh fof/kd izfrfuf/k dk nkf;Ro e`rd dh ml lEifRr dh lhek rd gh gksxk tks fd ,sls fof/kd izfrfuf/k ds gkFk esa vkbZ gks( vkSj (l) r`rh;r%] vU; lkslkbfV;ksa dh n’kk esa] lnL;ksa ;k HkwriwoZ lnL;ksa ls ;k e`r lnL;ksa dh lainkvksa ls olwy dh tk ldsxh % ijUrq HkwriwoZ lnL;ksa dk ;k e`r lnL;ksa dh laink dk nkf;Ro leLr ekeyksa esa /kkjk 29 ds mica/kksa ds v/;/khu gksxk-" }, { "id": "81-A", "section": "81-d", "title": "lgdkjh lkslkbVh ds O;frØeh lnL;ksa ds fo:) dk;Zokgh dj us dh fdlh foRrnk;h cSad dh 'kfDr-", "status": "in-force", "deleted_by": null, "content": "(1) ;fn dksbZ lgdkjh lkslkbVh vius _.k ml foRrnk;h cSad dks] ftlls fd mlus os _.k fy, gS] pqdkus esa bl dkj.k vleFkZ gks fd mlds lnL;ksa us muds }kjk 'kks/; /ku dk Hkqxrku djus esa O;frØe fd;k gS] rks og foRrnk;h cSad ,slh lkslkbVh dh lfefr dks funs’k ns ldsxk fd og ,sls lnL;ksa ds fo:) /kkjk 64 ds v/khu dk;Zokgh djds vxzlj gks- (2) ;fn lgdkjh lkslkbVh dh lfefr foRrnk;h cSad ls ,slk funs’k izkIr gksus dh rkjh[k ls uCcs fnu dh dkykof/k ds Hkhrj vius O;frØeh lnL;ksa ds fo:) dk;Zokgh u djs] rks foRrnk;h cSad Lo;a ,sls O;frØeh lnL;ksa ds fo:) dk;Zokgh dj ldsxk vkSj ml n’kk esa bl vf/kfu;e ds mica/k vkSj mlds v/khu cuk;s x;s fu;e rFkk mifof/k;ka mlh izdkj ykxw gksaxh@gksaxs ekuksa fd mDr mica/kksa] fu;eksa rFkk mifof/k;ksa esa lkslkbVh ;k mldh lfefr ds izfr fd;s x;s leLr funsZ’k foRrnk;h cSad ds izfr funsZ’k gksa- (3) tgka fdlh foRrnk;h cSad us viuh _.kh fdlh lkslkbVh ds fo:) dksbZ fMØh ;k vf/kfu.kZ; vfHkizkIr fd;k gks] ogka cSad ,sls /kuksa dks ml lkslkbVh dh" } ]

1. (1) If a co-operative society is unable to pay its debts to financing bank from which it has borrowed, by reasons of its members committing default in the payment of money due by them, the financing bank may direct the committee of such society to proceed against such members by taking action under section 64.
2. (2) If the committee of the Co-operative society fails to proceed against its defaulting members within a period of ninety days from the date of receipt of such direction from the financing bank, the financing bank may proceed against such defaulting members in which event, the provisions of this Act, the rules and byelaws made there under shall apply as if all references to the society or its committee in the said provisions, rules and byelaws were references to the financing bank.
3. (3) Where a financing bank has obtained a decree or award against a society indebted to it, the bank may proceed to recover such money from the assets of the society to the extent of debts due from the society.

1. (1) Notwithstanding anything contained in section 64, 69 and 78 on an application made by a co-operative housing society or Chhattisgarh State Co-operative Housing Federation or primary urban Co-operative Bank for recovery of arrears of its dues, the Registrar may, after making such enquiry as he deems fit, grant a certificate for the recovery of the amount stated therein to be due as an arrear.
2. (2) The certificate granted by the Registrar shall be final and conclusive proof of the arrears, and the same shall be recoverable as arrears of land revenue.

Where against any person an order to deliver possession of immovable property has been passed under this Act, such order shall be executed in the following manner, namely:-

1. (a) by serving a notice on the person in possession requiring him within such time as may appear reasonable after the receipt of the said notice, to vacate the same; and
2. (b) if such notice is not obeyed, by removing or deputing a subordinate to remove any person who may refuse to vacate the same; and
3. (c) if the officer removing any such person is resisted or obstructed by any person, appoint any of the officers specified in section 3, who shall hold a summary inquiry into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause, and that such resistance or obstruction still continues may, without prejudice to any proceeding to which such person may be liable under any law for the time being in force for the punishment of such resistance or obstruction, take or cause, to be taken such steps and use or cause to be used, such force as may, in the opinion of such officer, be reasonably necessary for securing compliance with the order.

In sub-section (1) of Section 16 (C) of the Principal Act, the following proviso shall be added.

In clause (a) of sub-section (5), the following clause and proviso shall be substituted :- "(i) where the chairman is not elected from amongst persons belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes, persons belonging to these categories and otherwise, by any person; Provided that in case of such resource society other than a Nagrik Co-operative Bank/Co-operative Society or thrift society, operating in a Scheduled Area, the chairman or president shall be elected only from amongst persons belonging to the Scheduled Tribes."

The word "Tribunal" shall be omitted.

In section 58-B of the Principal Act for the word "Tribunal" the words "State Government" shall be substituted;

Constitution of Tribunal-The following chapter shall be substituted; "Chapter X - Appeal, Revision and Review 77. Appeal - Save where it has been otherwise provided, an appeal shall lie from every original order under this Act or the rules made there under, (i) if the order is passed by an officer other than Registrar, Additional Registrar or Joint Registrar, whether or not the Officer passing the order is invested with the powers of the Registrar, to the Joint Registrar; (ii) if such order is passed by Joint Registrar, whether or not invested with the powers of Registrar, to the Registrar or the Additional Registrar authorised by the Registrar in this behalf; (iii) if such order is passed by the Registrar or Additional Registrar, to the State Government. No second appeal shall lie on any of the following grounds, and no other. (a) that the authority has failed to determine some material issue of law; or (b) that there has been a substantial error or defect in the procedure as prescribed by this Act which may have produced error or defect in the decision of the case on the merits. The appeal shall be presented in the prescribed manner to the appellate authority within thirty days of the date on which the order appealed against was communicated to the party affected by the order; Provided that in computing the period of limitation under this sub-section the time requisite for obtaining a copy of the order appealed against shall be excluded. 78. Revision - (1) The State Government or the Registrar may at any time on its/ his own motion or on the application made by any party for the purpose of satisfying itself/ himself as to the legality or propriety of the followings may pass such order in reference thereto as it/he thinks fit,- (i) any inquiry or proceedings or any order passed by any officer subordinate to it/him; (ii) any proceedings or decision or resolution or any order passed by the society or committee or sub-committee of society; (iii) any proceedings or decision or any order passed by any officer Provided that no order shall be varied or reversed in revision unless notice has been served to the parties interested and opportunity given to them of being heard. (2) Each such application shall be entertained unless presented within thirty days from the date of order and in computing the period aforesaid time requisite for obtaining a copy of the said order shall be excluded. 79. No appeal or revision in certain cases - Not withstanding anything to the contrary contained in this Act, where with previous sanction in writing or on the requisition of the Reserve Bank of India, (i) winding up of a co-operative bank is made; or (ii) a scheme of compromise or arrangement or reconstruction or re-organisation or amalgamation is made or is given effect to; or (iii) an order for the supersession or suspension of the committee by whatever name called of a co-operative bank and the appointment of an officer incharge etc. therefor, has been made; No appeal, revision or review there against shall lie or be permissible, and such order, sanction or requisition of the Reserve Bank of India shall not be liable to be called in question. 80. Review - The State Government or Registrar may, on its/his own motion, or on the application made by any party interested, review its/his own order in any case and pass such order in reference thereto as it/he thinks just; Provided that, no such application made by the party interested shall be entertained, nor such a case be taken suo-motu, unless the State Government or Registrar is satisfied that there has been the discovery of new and important matter or evidence which, after the exercise of due diligence was not within the knowledge of the applicant or could not be produced by him at the time when the order was made, or that there has been mistake or error apparent on the face of the record, or there is any other sufficient reason; Provided that no such order shall be varied amended or revised, unless notice has been served on the parties interested to appear and such interested parties have been heard. Provided further that application for review of any order, by the parties interested shall not be entertained, unless the application is filed within ninety days from the passing of the order. 80-A. Extention of period of limitation by appellate authority in certain cases - In all cases in which it is provided under this Act that an appeal may be filed against any decision or order within a specified period, the appellate authority may admit an appeal after the expiry of such period if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within such period. 80-B. Transfer of cases - Subject to the provisions of section 77 and 78, the Registrar, Additional Registrar, Joint Registrar, or the Deputy Registrar may make over any case or class of cases arising under the provisions of this Act, for decision from his own file to any officer subordinate to him competent to decide such case or class of cases or may withdraw any case or class of cases from any such officer and may deal with such case or class of cases himself or refer the same for disposal to any other officer subordinate to him and competent to decide such case or class of cases. 80-C. Power to make interlocutory order - When an application for appeal, revision or review is made to State Government, or Registrar under this Act, it may in order to prevent the ends of justice being defeated, make such interlocutory orders pending the decision of the appeal or application, as the case may be, as may appear to it/him to be just and convenient, or make such orders as may be necessary for the ends of justice; or to prevent the abuse of the legal procedure. 80-D. Stay of execution of orders - (1) An officer who has passed any order or his successor in office may, at any time before the expiry of the period prescribed for appeal or revision, direct the execution of such order to be stayed for such time as may be required for filing an appeal or revision and obtaining any order from the appellate or revisional authority. (2) The authority exercising the powers conferred by section 77, section 78 or section 80 may direct the execution of the order under appeal or revision or review to be stayed for such time as it may think fit. (3) The officer or authority directing the execution of an order to be stayed may impose such conditions or order such security to be furnished as he or it thinks fit."