Chapter XIV MISCELLANEOUS

(1)(a) There shall be Council to be called the Himachal Pradesh State Co-operative Council consisting of the following members, namely:- (i) Ministers, by whatever designation they may be called, dealing with the co-operative societies in the State; (ii) Chairmen of apex societies; (iii) five members to be nominated by the State Government out of which one shall be a woman, one a person belonging to a scheduled caste and one a person belonging to a scheduled tribe; (iv) three members to be elected by the members of the Himachal Pradesh Legislative Assembly from amongst themselves; (v) the Secretary to the Government in the department dealing with co-operative societies; (vi) the Registrar of co-operative societies, Himachal Pradesh; (vii) the Director of Agriculture, Himachal Pradesh; and (viii) the Director of Industries, Himachal Pradesh. (b) The Minister-in-charge of the department dealing with the co-operative societies shall be the Chairman of the Council. (c) The Minister of State, if he is not the Chairman of the Council under clause (b) or in case there is no such Minister of State dealing with the co-operative societies, the Deputy Minister of the department of co-operative societies, shall be the Vice-Chairman of the Council: Provided that if there is no such Minister of State or the Deputy Minister dealing with the co-operative societies to be the Vice Chairman or if such Minister of State or the Deputy Minister, as the case may be, happens to be the Chairman under clause (b) the Vice-Chairman shall be elected by the Council from amongst its members. (2) Such officer as State Government may appoint in this behalf shall act as the Secretary to the Council. (3) The functions of the Council so constituted shall be as follows:- (a) to advise the State Government on all general questions relating to co-operative movement; (b) to review the co-operative movement and to suggest ways of co-ordinating the activities of the co-operative societies in the State; (c) to suggest ways and means to remove the difficulties experienced by the co-operative societies in the State in their administration; (d) to make suo- motu recommendations to the State Government in regard to any matter relating the administration of co-operative societies; and (e) to report to the State Government on such matters as may be referred to it by the State Government for its opinion. (4) The State Government may by general or special order provide for:- (a) the calling of the meetings of the Council and the procedure at meetings; (b) duties of the Secretary to the Council; (c) sub-committees of the Council; (d) the term of office of nominated members of the Council and travelling allowance and daily allowance admissible to the members of the Council.

No person other than a co-operative society shall trade or carry on business under any name or title of which the word “co-operative” or its equivalent in any Indian language is part: Provided that nothing in this section shall apply to the use by any person or his successor in interest of any name or title under which he carried on business at the date on which the co-operative Societies Act, 1912 (2 of 1912) came into operation.

The State Government may by an order in writing,- (a) exempt any society or class of societies from the application of any of the provisions of this Act or any of the rules made there-under; and (b) direct that any such provisions shall apply to such society or class of societies to such extent as may be specified in the order.

Every notice or order issued or made under this Act may be served on any person by delivering the same to him or by properly addressing it to the last known place of residence or business of such person pre-paying and posting by registered post a letter containing the notice or order and unless the contrary is proved, such service

(1) No act of a society or managing committee or of any officer or liquidator done in good faith in pursuance of the business of the society shall be deemed to be invalid by reason only of some defect subsequently discovered in the organisation of the society or in the constitution of the managing committee or in the appointment or election of the officer or liquidator or on the ground that such officer or liquidator was disqualified for his appointment. (2) No act done in good faith by any person appointed under this Act shall be invalid merely by reason of the fact that his appointment has been cancelled by or in consequence of any order subsequently passed under this Act. (3) The Registrar shall decide whether any act was done in good faith in pursuance of the business of a society.

The provisions of the Companies Act, 1956 (1 of 1956), shall not apply to co-operative societies.

Every society registered outside Himachal Pradesh which has or establishes a branch or place of business in Himachal Pradesh shall within six months from the commencement of this Act or from the establishment of such branch or place of business, file with the Registrar a certified copy of the bye-laws and amendments and shall submit to the Registrar such returns and information as are submitted by similar societies in Himachal Pradesh in addition to those submitted to the Registrar of the State where it is registered.

Notwithstanding anything contained in any other provision of this Act or the rules, if a Government servant advises a committee of any co-operative society and his presence is recorded in the minutes of the committee then such Government servant shall also be held liable along with other members of the committee, for any action which may be initiated either departmentally or in a court of law on the basis of a decision having been arrived on his such advice.

The Himachal Pradesh Co-operative Societies Act, 1956 (13 of 1956), as in force in the areas comprised in Himachal Pradesh immediately before 1st November, 1966 and the Punjab Co-operative Societies Act, 1961 (25 of 1961), as in force in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966), are hereby repealed.

(1) Every society now existing which has been registered under the Co-operative Credit Societies Act, 1904 (10 of 1904), or under the Co-operative Societies Act, 1912 (2 of 1912), or under the Himachal Pradesh Co-operative Societies Act, 1956 (13 of 1956), or under the Punjab Co-operative Societies Act, 1954 (14 of 1955), or under the Punjab Co-operative Societies Act, 1961 (25 of 1961), shall be deemed to be registered under this Act and its bye-laws shall so far as the same are not inconsistent with the express provisions of this Act, continue in force until altered or rescinded. (2) All appointments, rules or orders made, all notifications and notices issued, all transactions entered into and all suits and proceedings instituted under any of the Acts repealed under section 106 shall, so far as they are consistent with the provisions of this Act be deemed to have been respectively made, issued, entered into and instituted under this Act.

The State Government may appoint a Co-operative Appellate Tribunal as prescribed under the rules and delegate to such Tribunal all or any of the appellate or revisional power which it exercises under sections 93, 94 and 95.