Chapter XII INSURED CO-OPERATIVE BANK

Notwithstanding anything contained in this Regulation, in the case of an insured co-operative bank,—

1. (a) an order for winding up or an order sanctioning a scheme of compromise or arrangement or of amalgamation or reconstruction (including division or reorganisation) of the bank may be made only with the prior approval in writing of the Reserve Bank;
2. (b) an order for winding up the bank shall be made by the Registrar if so required by the Reserve Bank in the circumstances referred to in section 13D of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 or any other law for the time being in force in the Union territory;
3. (c) notwithstanding anything contained in this Regulation or the rules made thereunder, the Registrar shall ensure the implementation of regulatory prescription given by the Reserve Bank including supersession and winding up of the co-operative bank and shall appoint a special officer or a Liquidator as the case may be within a period of one month of being so advised by the Reserve Bank;
4. (d) if so required by the Reserve Bank in the 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 the Registrar for supersession of the Committee and the appointment of a special officer in place thereof for such period or periods not exceeding five years in the aggregate, as may from time to time be specified by the Reserve Bank, and the special officer so appointed shall, after the expiry of his term of office, continue in office until the day immediately preceding the date of the first meeting of the new Committee of such bank;
5. (e) an order for winding up of the bank or an order sanctioning a scheme of compromise or arrangement or of amalgamation or reconstruction (including division or reorganisation) or an order for the supersession of the Committee of the bank and the appointment of a special officer in place thereof made with the previous sanction in writing or on the requisition of the Reserve Bank shall be final and shall not be liable to be called in question in any court; and
6. (f) the Liquidator or such bank or the transferee bank, as the case may be, shall be under an obligation to pay the Deposit Insurance Corporation established under the Deposit Insurance and Credit Guarantee Corporation Act, 1961 or any other law for time being in force in the Union territory, in the circumstances, to the extent and in the manner referred to in section 21 of that Act. Explanation.—For the purposes of this section, the expressions—
   • (i) “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 or any other law for the time being in force in the Union territory;
   • (ii) “transferee bank” in relation to an insured co-operative bank means a co-operative bank—
   • (I) with which such insured co-operative bank is amalgamated;
   • (II) to which the assets and liabilities of such insured co-operative bank are transferred; or
   • (III) into which such insured co-operative bank is divided or converted under sub-section (1) of section 17.

The provisions of this Regulation shall be in addition to and not in derogation of the provisions of the Banking Regulation Act, 1949 or any law for the time being in force in the Union territory: Provided that in case of any conflict between the provisions of this Regulation and the provisions of the Banking Regulation Act, 1949, the provisions of the latter along with the rules, regulations, directions or instructions issued thereunder by the Reserve Bank from time to time shall apply.

A Committee of co-operative bank shall ensure that—

1. (a) the information is furnished every month to the Registrar in such form as may be prescribed, regarding the loans taken from the bank by each Committee member, members of the family and companies with which he is associated, in any manner;
2. (b) the bank is registered as an insured bank under the Deposit Insurance and Credit Guarantee Corporation Act, 1961 or any other law for the time being in force in the Union territory;
3. (c) the defects in the working of the bank are rectified and financial irregularities disclosed in the course of audit of the bank or otherwise remedied;
4. (d) the action to recover loans given by the bank is taken within one year from the date when repayment of the same has become due;
5. (e) no financial loss is caused to the bank and any debt due to the bank which is not recovered within a period of one year from the date when it has become due shall be recovered;
6. (f) civil and criminal proceedings against a person who, in the opinion of the Committee, has misappropriated any fund of the bank are initiated;
7. (g) the provisions of sections 18 and 24 of the Banking Regulation Act, 1949, as applicable to co-operative societies and section 63 of this Regulation are complied with, and, if in its opinion any of the said provisions are contravened, such contravention shall forthwith be reported to the

Prohibition of use of word “co-operative”

1. (1) No person, other than a society registered, or deemed to be registered, under this Regulation, and a person or his successor in interest of any name or title under word which he traded or carried on business at the date on which this Regulation comes into force, shall without the prior sanction of the Administrator, 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. (2) Any person contravening the provisions of the foregoing sub-section shall on conviction, be liable for penalty which may extend to twenty-five thousand rupees.

For contravention of the provisions of section 81, an officer—

1. (i) who is a servant of a society, shall be liable to pay a penalty not exceeding ten thousand rupees;
2. (ii) who is not a servant of the society, the Registrar may by an order in writing declare such officer to be disqualified for being an officer or a member of the Committee of the society or for being elected or appointed to any office of the society, for such period not exceeding six years as he may specify in the order: Provided that before making an order under this section, the Registrar shall give or cause to be given, an opportunity to the officer to show cause against the act proposed to be taken against him.

1. (1) It shall be an offence under this Regulation, if—
   • (a) any person makes a declaration referred to in section 26 which he knows or has reason to believe to be false;
   • (b) the officer or officers authorised under sub-section (3) of section 37 fail to discharge the functions as provided in the said section;
   • (c) any member of a society transfers any property or interest in property in contravention of sub-section (2) of section 52 or any person knowingly acquires or abets the acquisition of, such property;
   • (d) any employer or director, manager, secretary or other officer or agent acting on behalf of such employer without sufficient cause, fails to comply with sub-section (2) of section 54;
   • (e) a Committee of a society or an officer or member thereof fails to invest funds of such society in the manner required under section 63;
   • (f) any person, collecting share money for a society in formation, does not within a reasonable period deposit the same in the State Co-operative Bank, or a Central Co-operative Bank, or in any Nationalised Bank, or a postal savings bank;
   • (g) any person, collecting the share money for a society in formation, makes use of the funds so raised for conducting any business or trading in the name of a society to be registered or otherwise;
   • (h) any person before, during or after the election of members of the Managing Committee or office bearers, adopts corrupt practice;
     • (i) a retiring Chairperson to whom a direction has been issued under sub-section (2) of section 78, fails to comply with such direction;
   • (j) a Committee of a society or a member thereof fails to comply with the provisions of section 79;
   • (k) a Committee of a society or an officer or a member thereof, fails to comply with the provisions of sub-sections (2),
2. (3) or (5) of section 81;
   • (l) any officer or member of a society who is in possession of information, books and records, fails to furnish such information or produce books and papers, or give assistance to a person appointed or authorised by the Administrator or the Registrar under sections 22,72, 74, 85, 86, 90, 92, 93, 94, 105 or 115;
   • (m) any officer of a society fails to hand over the custody of books, records, cash, security and other property belonging to the society of which he is an officer, to a person appointed under sections 22,72, 85, 86 or 115;
   • (n) a Committee of a society or any officer or a member thereof fails without any reasonable excuse to comply with orders made under section 87 or to give any notice, or to send any return or document, do or allow to be done anything, which the Committee, officer or member is by this Regulation required to give, send, do or allow to be done;
   • (o) a Committee of a society or an officer or member thereof wilfully neglects or refuses to do any act or to furnish any information required for the purposes of this Regulation by the Registrar or other person duly authorised by him in writing in this behalf;
   • (p) a Committee of a society, or any officer or member thereof, wilfully makes a false return, or furnishes, false information, or fails to maintain proper accounts;
   • (q) any person wilfully or without any reasonable excuse disobeys any summons, requisition or lawful written order issued under provisions of this Regulation;
   • (r) an officer or a society fails to comply with the order made by the Registrar under section 89; an officer, member, agent or servant of a society fails to comply with the requirements of sub-section (2) of section 90;
   • (t) an officer or a member of a society wilfully fails to comply with any decision, award or order passed under section 107;
   • (u) a member of a society fraudulently disposes of property over which the society has a prior claim, or a member or officer or employee or any person disposes of his property by sale, transfer, mortgage, gift or otherwise, with the fraudulent intention of evading the dues of the society;
     • (v) an officer of a society wilfully recommends or sanctions for his personal use or benefit or for use or benefit of a person in whom he is interested, a loan in the name of any other person;
   • (w) an officer or member of a society destroys, mutilates, tampers with, or otherwise alters, falsifies or secretes or is privy to the destruction, mutilation, alteration, falsification or secreting of any books, papers or securities or makes, or is privy to the making of any false or fraudulent entry in any register, book of account or document belonging to the society;
     • (x) a Committee of co-operative bank fails to comply with all or any of the clauses of section 125.
3. (2) Where an offence under this Regulation has been committed by a Committee of a society, or Committee of co-operative bank, every person who at the time the offence was committed, was a member of such Committee, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment as provided in this Regulation, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

Every employer or officer, member, agent or servant of Committee of co-operative bank, who contravenes the provisions of section 125 shall, on conviction, be punished,—

1. (i) under clause (a) of that section, with fine which may extend to fifty thousand rupees;
2. (ii) under clause (b) of that section, with imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees or with both;
3. (iii) under clause (c) of that section, with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both;
4. (iv) under clause (d) of that section, with imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees or with both;
5. (v) under clause (e) of that section, with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both;
6. (vi) under clause (f) of that section, with imprisonment for a term which may extend to two years or with fine which may extend to two lakh rupees or with both;
7. (vii) under clause (g) of that section, with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both.

1. (1) Every employer or officer, member, agent or servant of a society, or any other person, who commits an offence under section 128 shall, be punished,—
   • (a) under clause (a) of that section, with simple imprisonment which may extend to six months or with fine which may extend to ten thousand rupees or both;
   • (b) under clause (b) of that section, with penalty which may extend to

twenty -five thousand rupees;

1. (c) under clause (c) of that section with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees or with both;
2. (d) under clause (d) of that section with imprisonment for a term which may extend to one month or with fine which may extend to fifty thousand rupees or with both;
3. (e) under clause (e) of that section with penalty which may extend to fifty thousand rupees;
4. (f) under clause (f) of that section with penalty which may extend to fifty thousand rupees;
5. (g) under clause (g) of that section with imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees or with both;
6. (h) under clause (h) of that section with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both;
   • (i) under clause (i) of that section, with simple imprisonment which may extend to one month or with fine which may extend to twenty-five thousand rupees or with both;
7. (j) under clause (j) of that section, with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both;
8. (k) under clause (k) of that section, with penalty which may extend to

twenty -five thousand five hundred rupees;

1. (l) under clause (l) of that section, with imprisonment for a term which may extend to three months or with fine which may extend to twenty-five thousand rupees or with both;
2. (m) under clause (m) of that section, with penalty which may extend to twenty-five thousand rupees;
3. (n) under clause (n) of that section, with penalty which may extend to

twenty -five thousand rupees;

1. (o) under clause (o) of that section, with imprisonment for a term which may extend to one month or with fine which may extend to

twenty -five thousand rupees or with both;

1. (p) under clause (p) of that section, with imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees or with both;
2. (q) under clause (q) of that section, with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both;
3. (r) under clause (r) of that section, with imprisonment for a term which may extend to one year or with fine which may extend to twenty-five thousand rupees or with both;

1. (t) under clause (t) of that section, with imprisonment for a term which may extend to six months or with fine which may extend to twenty-five thousand rupees or with both;
2. (u) under clause (u) of that section, with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees or with both;
   • (v) under clause (v) of that section, with imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees or with both;
3. (w) under clause (w) of that section, with imprisonment for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both.

1. (2) No prosecution for an offence under section 128 shall be instituted in respect of the same facts on which a penalty has been imposed by the Registrar under any provisions of this Regulation.
2. (3) The penalties under this Regulation shall be imposed by the Registrar and the manner of imposing such penalties shall be such as may be prescribed.

1. (1) No court inferior to that of a Judicial Magistrate of first class shall try any offence for which imprisonment is provided as one of the modes of punishment with fine.
2. (2) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha

that Code.

1. (3) No prosecution under this Regulation shall be initiated, except with the previous sanction of the Registrar.

1. (1) The Administrator shall constitute a Tribunal to be called the Co -operative Tribunal to exercise the functions conferred on it or under this Regulation.
2. (2) The Tribunal shall consist of a President and such number of other members as the Administrator may, from time to time, consider necessary.
3. (3) The qualifications, experience, terms and conditions for appointment of the President and other members shall be such as may be prescribed.
4. (4) The Administrator may terminate the appointment of any member of the Tribunal before the expiry of the term of his office, if such member—
   • (a) is adjudged as an insolvent;
   • (b) engages during his term of office in any paid employment outside the duties of his office unless such employment is authorised by the Administrator;
   • (c) is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Administration or participates in any way in the profit thereof or in any benefit or emoluments arising there from otherwise than as a member;
   • (d) has become physically or mentally incapable of acting as a Member: Provided that the Member shall not be removed from his office on the grounds specified under clauses (b) or (c), except by an order made by the Administrator after an inquiry made by the Judge of the concerned High Court having jurisdiction in such manner as may be prescribed; or
   • (e) is convicted of an offence involving moral turpitude.
5. (5) Any vacancy in the membership of the Tribunal shall be filled by the Administrator.
6. (6) The powers and functions of the Tribunal may be exercised and discharged by the Benches constituted by the President from amongst the members of the Tribunal including himself and such Benches shall consist of two or more members.
7. (7) 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 and where a matter is heard by an even number of members, and the members are equally divided, if the President be one of the members, the opinion of the President shall prevail and in other cases the matter shall be referred for hearing to the President and shall be decided in accordance with his decision: Provided that any interlocutory application may be heard by one or more members who may be present.
8. (8) Subject to the previous sanction of the Administrator, the Tribunal shall frame regulations consistent with the provisions of this Regulation and rules made thereunder, for regulating its procedure and the disposal of its business which shall be published in the Official Gazette.

1. (1) The Tribunal may call for and examine the record of any proceeding in which an appeal lies to it, for the purpose of satisfying itself as to the legality or propriety of any decision or order passed, and if, in any case, it appears to the Tribunal that any such decision or order should be modified, annulled or reversed, the Tribunal may pass such order thereon as it may deem appropriate.
2. (2) Where an appeal is made to the Tribunal under section 109, it may make such interlocutory order spending the decision of the appeal as may appear to it to be just and convenient, or such orders as may be necessary for the ends of just ice, or to prevent the abuse of the process of the Tribunal.
3. (3) An order passed in appeal under sub-section (1) or in review under section 134, by the Tribunal, shall be final and conclusive and shall not be called in question in any civil or revenue court.
4. (4) The Tribunal hearing an appeal under this Regulation shall exercise all the powers conferred upon an appellate court by section 99 and Order XLI in the

Review of orders of Tribunal

1. (1) The Tribunal may, either on the application of the Registrar, or any interested party, review its own order in such case and pass in reference thereto such order as it thinks appropriate: Provided that no application made by the interested party shall be entertained, unless the Tribunal is satisfied that there has been discovery of new and important matter of 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 some mistake or error apparent on the face of the record, or for any other sufficient reasons: Provided further that no such order shall be varied or revised, unless notice has been given to the interested parties to appear and be heard in support of such order.
2. (2) An application for review under sub-section (1) by any party shall be made within a period of ninety days from the date of communication of the order of the Tribunal.

1. (1) In exercising the powers conferred on the Tribunal by or under this Regulation, it shall have the same powers as are vested in a civil court in respect of—
   • (a) proof of facts by affidavit;
   • (b) summoning and enforcing the attendance of any person and examining him on oath;
   • (c) compelling the production of documents;
   • (d) issuing commissions for the examination of witnesses; and
   • (e) any other matter which may be prescribed.
2. (2) In the case of any such affidavit, any officer appointed by the Tribunal in this behalf may administer the oath to the deponent.

1. (1) An appeal against an order or decision under sections 4, 9, 11, 13, 17, 20, 22, 40, and 86 shall lie,—
   • (a) if made or sanctioned or approved by the Registrar or an Additional Registrar or Joint Registrar on whom powers of the Registrar are conferred, to the Administrator;
   • (b) if made or sanctioned by any person other than the Registrar or a Deputy Registrar or Assistant Registrar on whom the powers of the Registrar are conferred, to the Registrar.
2. (2) An appeal against an order of a Liquidator under section 117 shall lie—
   • (a) to the Administrator if the order was made with the sanction or approval of the Registrar; and
   • (b) to the Registrar in any other case.
3. (3) An appeal against an order or decision under sections 87, 96, 99 and any order passed by the Registrar for paying compensation to a society, and any other order for which an appeal to the Tribunal has been provided under this Regulation, shall lie to the Tribunal.
4. (4) An appeal under sub-sections (1),
5. (2) or (3) shall be filed within two months of the date of the communication of the order or decision.
6. (5) The procedure to be followed in presenting and disposing of appeals under this section or under any other provisions of this Regulation shall be such as may be prescribed.
7. (6) Save as otherwise provided in this Regulation, no appeal shall lie against any order, decision or award passed in accordance with this Regulation and every such order, decision or award shall be final, and where provisions for any appeal has been provided, any order passed in appeal shall be final and no further appeal shall lie against it.

In all cases in which it is provided that an appeal may be filed under this Regulation 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.

The Administrator and the Registrar may call for and examine the record of any inquiry or the proceedings of any other matter of any officer subordinate to them, except those referred to in sub-section (1) of section 133, for the purpose of satisfying themselves as to the legality or propriety of any decision or order passed, and the regularity of the proceedings of such officer and in any case, it appears to the Administrator or the Registrar, that any decision or order or proceedings so called for should be modified, annulled or reversed, the Administrator or the Registrar, as the case may be, may after giving persons affected thereby an opportunity of being heard, pass such order thereon as he may deem appropriate.

The Administrator may, by general or special order, direct any society or any class of society not to render contract in relation to such matters concerning such society or the class of any society and to make purchases for such amount by following the e-tender process.

1. (1) Unless otherwise provided by this Regulation, all sums due from a society or from an officer or member or previous member or a deceased member of a society, to the Administration, may be recovered as arrears of land revenue.
2. (2) The sums due from a society to the Administration and recoverable under sub-section (1) may be recovered—
   • (i) from the property of the society;
   • (ii) in the case of a society of which the liability of the members is limited, from the members or past members or from their estate if they have died, subject to the limit of their liability;
   • (iii) in the case of societies with unlimited liability, from the members or past members or their estate, if they have died.
3. (3) The liability under this section shall in all cases be subject to the provisions of section 38.

Every year within six months of the closure of the accounting year, every society shall file the following returns with the Registrar, namely:—

1. (a) annual report of the activities;
2. (b) audited statements of accounts;
3. (c) plan for surplus disposal as approved by the general body;
4. (d) list of amendments to the bye-laws of the society;
5. (e) declaration regarding date of holding of general body meeting and conduct of elections where due;
6. (f) any other information required by the Registrar in pursuance of any of the provisions of this Regulation.

1. (1) Notwithstanding anything to the contrary contained in this Regulation, and without prejudice to the provisions of the Information Technology Act, 2000, the Administrator may, from such date as may be notified, require that—
   • (a) such applications, returns, reports, statement of accounts, or any other particulars or document as may be required to be filed or delivered under this Regulation or the rules made thereunder, shall be filed in the electronic form and authenticated;
   • (b) such document, notice, any communication, or information, as may be required to be served or delivered under this Regulation, shall be served or delivered in the electronic form and authenticated;
   • (c) such applications, returns, reports, statement of accounts, registers, bye-laws or any other particulars or documents and returns filed under this Regulation or the rules made thereunder shall be maintained by the Registrar in the electronic form and registered or authenticated, as the case may be;
   • (d) such inspection of bye-laws, returns, reports, statement of accounts or any other particulars or documents maintained in the electronic form, as is otherwise available for inspection under this Regulation or the rules made thereunder, may be made by any person through the electronic form; and
   • (e) such fees, charges, or other sums payable under this Regulation or the rules made thereunder shall be paid through the digital mode, in such manner as may be prescribed.
2. (2) The Registrar shall—
   • (a) issue certificate of registration;
   • (b) register the amendment of bye-laws;
   • (c) register change of registered office;
   • (d) register any document;
   • (e) issue any certificate;
   • (f) issue notice; and
   • (g) receive such communication, as may be required to be registered or issued or recorded or received under this Regulation or the rules made thereunder or perform duties or discharge functions or exercise powers under this Regulation or the rules made thereunder or do any act which is by this Regulation directed to be performed or discharged or exercised or done by the Registrar, in the electronic form in such manner as may be prescribed. Explanation.— For the purposes of this section, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000.

Notwithstanding anything contained in the Transfer of Property Act, 1882 and the Registration Act 1908, it shall be lawful for a member of a Co-operative Farming Society to transfer to the society any land held by him or the whole or part of his interest in any land by an agreement in such manner as may be prescribed.

1. (1) The Registrar or any subordinate officer empowered by him in this behalf may, subject to such rules as may be made by the Administrator but without prejudice to any other mode of recovery provided by or under this Regulation, recover—
   • (a) any amount due under a decree or order of a civil court, obtained by a society;
   • (b) any amount due under a decision, award or order of the Registrar, his nominee or the board of nominees or Liquidator or Tribunal;
   • (c) any sum awarded by way of costs under this Regulation;
   • (d) any sum ordered to be paid under this Regulation as a contribution to the assets of the society, together with interest, if any, due on such amount or sum and the costs of recovering the same, by the attachment and sale or by sale without attachment of the property of the person against whom such decree, decision, award or order has been obtained or passed.
2. (2) The Registrar or the officer empowered by him shall be deemed when exercising the powers under sub-section (1) or when passing any order on any application made to him for such recovery, to be a civil court for the purposes of article 182 in the First Schedule to the Limitation Act, 1963.

1. (1) The Administrator may, by general or special order, to be published in the Official Gazette, and for the reasons to be recorded in writing, exempt any society or class of societies from any of the provisions of this Regulation, or may direct that such provisions shall apply to such societies with such modifications not affecting the substance thereof as may be specified in the order: Provided that no order to the prejudice of any society shall be passed, without an opportunity being given to such society to represent its case.
2. (2) Nothing contained in this section shall be applicable to matters related to banking.

The Administrator may, by notification, and subject to such conditions, as it may think fit to impose, delegate—

1. (a) any power exercisable by him under this Regulation except the power under sub-section (1) of section 136 and section 12 thereof to the Registrar;
2. (b) all or any of the powers of the Registrar under this Regulation to any Committee constituted or to any co-operative federal society recognised under section 101 or to an officer of such society or to any panchayat constituted under any law relating to panchayats for the time being in force in the Union territory.

1. (1) No society shall open a branch or a place of business outside the Union territory, and no co-operative society registered under any law in any other State shall open a branch or a place of business in the Union territory without the permission of the Registrar.
2. (2) Every co-operative society registered under any law in any other State, and permitted to open a branch or a place of business in the Union territory under sub-section (1) or which has a branch or a place of business in the Union territory before the commencement of this Regulation, shall, within three months from the date of the opening of such branch or place of business or from the date of the commencement of this Regulation, as the case may be, file with the Registrar a certified copy of the bye-laws and amendments and, if these be not in English a certified translation thereof in English or Hindi and shall submit to the Registrar such returns and information as are submitted by similar societies registered under this Regulation in addition to those which may be submitted to the Registrar of that State where such society is registered.
3. (3) The provisions of sub-sections (1) and (2) shall not apply to co-operative societies to which the provisions of the Multi-State Co-operative Societies Act, 2002 applies: Provided that in case of a co-operative society carrying on the business of banking, the guidelines on the subject issued by Reserve Bank from time to time shall be followed.
4. (4) Nothing contained in sub-section (1) shall affect a society which has a branch or a place of business outside the Union territory at the commencement of this Regulation.

The Registrar, any person exercising the powers of the Registrar, an official assignee under section 22, a custodian under section 2, co-operative election officer under section 4, a person authorised to audit the accounts of a society under section 90, or to hold an inquiry under section 92, or to make an inspection under sections 93 or 94, and a person appointed as a special officer under sections 86 or 123, or as a nominee or board of nominees under section 104, or as a Liquidator under section 11, and all members of the Tribunal shall be deemed to be public servants within the meaning of clause 28 of section 2 of the Bharatiya Nyaya Sanhita, 2023.

No suit, prosecution or other legal proceeding shall lie against the Registrar or any person subordinate to him or acting on his authority or any officer under this Regulation in respect of anything done or intended to be done in good faith in pursuance of this Regulation or rules made thereunder.

1. (1) Save as expressly provided in this Regulation, no civil or revenue court shall have any jurisdiction in respect of—
   • (a) the registration of a society or its bye-laws, or the amendment of its bye-laws, or the dissolution of the Committee of a society, or the management of the society on dissolution thereof;
   • (b) any dispute required to be referred to the Registrar or his nominee or board of nominees, for decision; or
   • (c) any matter concerned with the winding up and dissolution of a society.
2. (2) While a society is being wound up, no suit or other legal proceeding relating to the business of such society shall be proceeded with or instituted against the society or any member thereof, or any matter touching the affairs of the society, except by leave of the Registrar, and subject to such terms as he may impose.
3. (3) All orders, decisions or awards passed in accordance with the provisions of this Regulation or the rules made thereunder, shall, subject to the provisions for appeal or revision, be final and no such order, decision or award shall be liable to be challenged, set aside, modified, revised or declared void in any court upon the merits, or upon any other ground whatsoever except for want of jurisdiction.

Save as otherwise provided in this Regulation, no suit shall be instituted against a society, or any of its officers, in respect of any Regulation touching the business of the 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 Administrator may, by notification and subject to the condition of previous publication, make rules not inconsistent with the provisions of this Regulation to carry out the purposes of this Regulation.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters enumerated in respective sections of this Regulation.
3. (3) Every rule made by the Administrator under this Regulation shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

The provisions of the Companies Act, 2013, shall not apply to societies registered, or deemed to be registered under this Regulation.

1. (1) If any difficulty arises in giving effect to the provisions of this Regulation, the Administrator may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Regulation as may appear to him to be necessary or expedient for the removal of that difficulty: Provided that no such order shall be made under this section after the expiry of one year from the date of commencement of this Regulation.
2. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

1. (1) The Gujarat Cooperative Societies Act, 1961 as extended to the Union territory of Dadra and Nagar Haveli by order of the Central Government and the Maharashtra Co-operative Societies Act, 1960 as extended to the Union territory of Daman and Diu by order of Central Government (hereafter in this Chapter referred to as the said Acts) are hereby repealed: Provided that such repeal shall not affect—
   • (i) the previous operation of the said Acts so repealed, or anything duly done or suffered thereunder;
   • (ii) any right, privilege, obligation or liability acquired, accrued or incurred under the law so repealed;
   • (iii) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Acts so repealed; or
   • (iv) any investigation, proceedings, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, proceedings, legal proceedings or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if the said Acts had not been repealed.
2. (2) All societies registered or deemed to be registered under the said Acts the registration of which was in force immediately before the commencement of this Regulation, shall on such commencement to be deemed to be registered under this Regulation; and all proceedings pending immediately before such commencement before any Registrar, Arbitrator, Liquidator or Tribunal or other officer, authority or person under the provisions of the said Acts shall stand transferred where necessary, to the Registrar, Arbitrator, Liquidator or Tribunal or other corresponding officer, authority or person under this Regulation, and if no such officer, authority or person exists or if there be a doubt as to the corresponding officer, authority or person to such officer, authority or person as the Administrator may designate and shall be continued and disposed of by such officer, authority or person in accordance with the provisions of this Regulation.
3. (3) Any reference to the said Acts or to any provisions thereof or to any officer, authority or person entrusted with any functions thereunder, in any law for the time being in force in the Union territory or in any instrument or document shall be construed, where necessary, as a reference to this Regulation or its relevant provisions or the corresponding officer, authority or person functioning under this Regulation, and the corresponding officer, authority or person, as the case may be, shall have and exercise the functions under such law instrument or document.
4. (4) The mention of particular matters referred to in sub-section (1) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 with regard to the effect of repeal.