Vidhi Codex

Dadra and Nagar Haveli and Daman and Diu Co-operative Societies Regulation, 2024

The Dadra and Nagar Haveli and Daman and Diu Co-Operative Societies Regulation, 2024

Corporate2024155 sections12 chapters

This Regulation governs the formation, management, and dissolution of co-operative societies within the Union territory of Dadra and Nagar Haveli and Daman and Diu. It establishes the office of the Registrar to oversee registration, audits, and inquiries into society affairs. The law defines membership rights, voting procedures, and the responsibilities of managing committees. It provides mechanisms for resolving disputes between members and societies, regulates financial operations, and outlines penalties for mismanagement or fraud. For citizens, it ensures that co-operative organizations operate transparently, protect member interests, and adhere to legal standards, providing a framework for collective economic activity.

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Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement
  2. 2Definitions

Chapter II REGISTRAR AND REGISTRATION →

  1. 3Registrar and officers and their powers
  2. 4Societies which may be registered
  3. 5Registration with limited liability
  4. 6Conditions of registration
  5. 7Power to exempt societies from conditions as to registration
  6. 8Application for registration
  7. 9Registration and provisional registration
  8. 10Register of societies
  9. 11Power of Registrar to decide certain questions
  10. 12Classification of societies
  11. 13Amendment of bye-laws of society
  12. 14Power to direct amendment of bye-laws
  13. 15Change of name
  14. 16Change of liability
  15. 17Amalgamation, transfer, division or conversion of societies
  16. 18Power to direct amalgamation and re-organisation of societies in public interest, etc
  17. 19Cancellation of registration of amalgamated, divided or converted societies
  18. 20Re-construction of societies
  19. 21Cancellation of registration
  20. 22De-registration of societies
  21. 23Partnership of societies
  22. 24Collaboration by societies

Chapter III MEMBERS AND THEIR RIGHTS AND LIABILITIES →

  1. 25Person who may become member
  2. 26Removal from membership in certain circumstances
  3. 27Provided that the Registrar shall, before making an order of removal give the person an opportunity of being heard.
  4. 28Nominal, associate and sympathiser member
  5. 29Cessation of membership
  6. 30No rights of membership to be exercised till due payments are made
  7. 31Duties of member
  8. 32Voting powers of member
  9. 33Restrictions on holding of shares
  10. 34Provided that the Administrator may, by notification, specify in respect of any class of societies, a higher maximum than one-fifth of the share capital.
  11. 35Transfer of interest on death of member
  12. 36Share or interest not liable to attachment
  13. 37Rights of members to see books, etc
  14. 38Liability of person who has ceased to be member
  15. 39Insolvency of members
  16. 40Expulsion of members

Chapter IV INCORPORATION, DUTIES AND PRIVILEGES OF SOCIETIES →

  1. 41Incorporation of society
  2. 42Address of society
  3. 43Register of members
  4. 44Copy of Regulation, etc., to be open to inspection
  5. 45Admissibility of copy of entry as evidence
  6. 46Exemption from compulsory registration of instruments relating to shares and debentures of society
  7. 47Power to exempt from taxation
  8. 48Restrictions on borrowing
  9. 49Central Bank.
  10. 50Restriction on other transactions with non-members
  11. 51Charge and set off in respect of share or interest of member
  12. 52Prior claim of society
  13. 53Charge on immovable property of members borrowing from certain societies
  14. 54Deduction from salary to meet society's claim in certain cases

Chapter V AID TO SOCIETIES →

  1. 55Direct partnership of Administration in societies
  2. 56Other forms of aid to societies

Chapter VI PROPERTY AND FUNDS OF SOCIETIES →

  1. 57Fund not to be divided
  2. 58Appropriation of profits
  3. 59Reserve fund
  4. 60Restrictions on dividend
  5. 61Contribution to education fund
  6. 62Contribution to public purpose
  7. 63Investment of funds
  8. 64Employees Provident Fund
  9. 65Funds not to be utilised for certain proceedings filed or taken by or against officers in personal capacities

Chapter VII MANAGEMENT OF SOCIETIES →

  1. 66Final authority of society
  2. 67Committee, qualifications and disqualifications of members of Committee
  3. 68Powers and functions of Committee
  4. 69Meetings of Committee
  5. 70Chief Executive Officer
  6. 71Power and functions of Chief Executive Officer
  7. 72Appointment of custodian in certain circumstances
  8. 73Motion of no-confidence
  9. 74Co-operative Election Authority
  10. 75Power of Administrator to postpone election
  11. 76Election to more than one seat on Committee of society
  12. 77Duty to arrange for election before expiry of term
  13. 78Handing over records and property to new Chairperson on election
  14. 79Restriction on rates of sitting fees and travelling and daily allowances of members of Committee
  15. 80Removal of officer
  16. 81Annual general meeting
  17. 82Special general meeting
  18. 83Acts of societies, etc., not to be invalidated by certain defects
  19. 84Power to appoint nominee of Administration
  20. 85Extension of term of nominated Committee or appointment of custodian
  21. 86Supersession of a Committee and appointment of a Committee or Special Officer
  22. 87Registrar’s power to enforce performance of obligation
  23. 88Power of Administration to give directions in public interest, etc
  24. 89Registrar’s power to seize records, etc

Chapter VIII AUDIT, INQUIRY, INSPECTION AND SUPERVISION →

  1. 90Audit
  2. 91Rectification of defects or irregularities in accounts and inspection report of society
  3. 92Inquiry by Registrar
  4. 93Inspection of books of indebted society
  5. 94Inspection of books by Registrar or financing bank or federal society
  6. 95Suspension of officer or servant of society
  7. 96Cost of inquiry and inspection
  8. 97Mode of recovery of sums imposed as penalty or awarded as costs
  9. 98Registrar to bring defects disclosed in inquiry or inspection to notice of society
  10. 99Power of Registrar to assess damages against delinquent, promoter, etc
  11. 100Power to enforce attendance, etc
  12. 101Constitution or recognition of federal society to supervise working of societies

Chapter IX PROCEDURE FOR DECIDING DISPUTES →

  1. 102Disputes
  2. 103Limitation
  3. 104Settlement of disputes
  4. 105Procedure for settlement of disputes and power of Registrar, his nominee or board of nominees
  5. 106Attachment before award
  6. 107Decision of Registrar or his nominee or board of nominees
  7. 108Appeal to tribunal
  8. 109Money how recovered
  9. 110Transfer of property made after issue of certificate void against society
  10. 111Transfer of property which cannot be sold
  11. 112Recovery of crop loans

Chapter X REDRESSAL OF COMPLAINTS →

  1. 113Co-operative Ombudsman

Chapter XI LIQUIDATION →

  1. 114Winding up
  2. 115Appointment of Liquidator
  3. 116Appeal against order of winding up
  4. 117Powers of Liquidator
  5. 118Effect of winding up
  6. 119Bar on suit in winding up and dissolution matters
  7. 120Audit of Liquidator’s accounts
  8. 121Termination of liquidation proceedings
  9. 122Disposal of surplus assets

Chapter XII INSURED CO-OPERATIVE BANK →

  1. 123Order for winding up, reconstruction, supersession of Committee etc., of insured co-operative bank not to be made without sanction or requisition of Reserve Bank
  2. 124Application of provisions of Act 10 of 1949 and its overriding effect
  3. 125Committee of co-operative bank to ensure certain things
  4. 126Registrar.
  5. 127Penalty for contravention of section
  6. 128Offences
  7. 129Punishment for contravention of section
  8. 130Punishment for offences under section
  9. 131Cognizance of offences
  10. 132Constitution of Co-operative Tribunal
  11. 133Proceedings of Tribunal
  12. 134First Schedule to the Code of Civil Procedure, 1908.
  13. 135Tribunal to have powers of civil court
  14. 136Appeals
  15. 137Extension of period of limitation of appellate authority in certain cases
  16. 138Power of Administrator and Registrar to call for proceedings of subordinate officers to pass orders thereon
  17. 139Power of Administrator to give directions for e-tender process
  18. 140Recovery of sums due to Administration
  19. 141Filing of returns
  20. 142Filing of applications, documents, inspections, etc., in electronic form
  21. 143Competency of a member to transfer land or interest therein to society
  22. 144Registrar's powers to recover certain sums by attachment and sale of property
  23. 145Power to exempt societies from provisions of Regulation
  24. 146Delegation of powers of Administrator and Registrar
  25. 147Branches, etc., of societies outside Union territory
  26. 148Registrar and other officers to be public servants
  27. 149Protection of action taken in good faith
  28. 150Bar on jurisdiction of courts
  29. 151Notice necessary in suits
  30. 152Power to make rules and its laying before Parliament
  31. 153Companies Act not to apply
  32. 154Power to remove difficulties
  33. 155Repeal and savings

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