Preamble

Contents Jharkhand Co-operative Societies Act, 2008 CHAPTER - I PRELIMIARY 1. Short title and extent 2. Definitions 3. Indian Companies Act, 1913, not to apply 4. Saving of existing societies 5. Construction of reference to Co-operative Societies Act, 1912 in enactment CHAPTER – II Registration of Societies 6. The Registrar 6A. Co-operatives principles 7. Societies which may be registered 8. Conditions of registration 9. Application of registration 10. Power of Registrar to decide questions 11. Registration 12. Evidence of registration CHAPTER – III Incorporation, Duties and Privileges of Registered Societies 13. Societies to be bodies corporate 13- A. Promotion of Co-operative movement by Government 14. Registered Societies to have a managing committee etc. 15. Restrictions on borrowing 16. Restrictions on lending 17. Restrictions on other transactions with non-member 18. Reserve fund 19. Investment of funds 20. Contribution to charitable purpose 21. Restrictions on division of fund 22. Charges and set off in respect of shares or interest of members 23. Prior claim of Society 23 – A. Application of section 23 to non members 24. Transfer of interest on death of members 24 – A. Power of Registrar to sanction compromise between a registered society and its creditors 25. Amendment of the bye-laws of registered society 26. Power of Registrar to direct amendment of the bye-laws of a registrar to direct amendment of the bye- laws of a registered society CHAPTER IV Rights and Liabilities of Member of Registered Societies 27. Member not to exercise rights till due payment made 28. Votes of members 29. Restriction of holding of members 30. Share or interest not liable to attachment 31. Restrictions on transfer of share or interest 32. Liability of a past member and of the estate of deceased member CHAPTER V Audit and Inspection 33. Audit 34. Inspection by Registrar 35. Enquiry by Registrar 36. Inspection of books by Registrar 37. Inspection of books by financing bank 38. Power to call for documents and to issue summons 39. Cost of enquiry and inspection 40. Surcharge CHAPTER VI Supersession of Managing Committee and Dissolution of Registered Societies 41. Supersession of managing committee 42. Winding up order 43. Appeal against the order of winding up 44. Liquidation and dissolution CHAPTER VI - A Co-operative Banks 44-A. Application of the Chapter to Co-operative Banks 44-B. Division, Amalgamation, compromise etc, 44-C. Supersession of Managing Committee of Co-operative Bank 44-D. Reserve Bank’s sanction or requisition for winding up order 44-E. Reimbursement to Deposit Insurance Corporation 44-F. Finality of the Reserve Bank’s sanction or requisition CHAPTER VI - B Special provisions for Primary Agricultural Credit Society, Farmers Service Society and Multipurpose Co-operative Society 44-G. Provisions of this Chapter to apply to Agricultural Credit Society 44-H. Power of Registrar to order liquidation of Societies and amalgamation of Several societies 44-I. Appeal from the order of the Registrar 44-J. Election of new Society formed after amalgamation CHAPTER VI – A Penalties and Procedure 45. Offences 45-A. Handing over of charge by outgoing Secretary 45-B. Production of records by the Secretary or person incharge of the office of a Co-operative Society 46. Prohibition of the office of a Co-operative Society 47. Cognizance of offences 48. Disputes 49. Registrar, liquidators and arbitrators to have certain powers of Civil Court 50. Attachment of property 51. Enforcement of orders 52. Recovery of sums due 53. Recovery of sums due to the Government 54. Property from which sums due from a society can be recovered 55. Liability of past members 56. Power of Revision be Registrar 57. Bar of jurisdiction of Courts CHAPTER VII-A Distraint 57-A. Cases in which application for distraint may be made 57-B. Form of application 57-C. Procedure on receipt of application 57-D. Execution of order for distraint 57-E. Service of demand and account 57-F. Right to reap etc. produce 57-G. Sale proclamation to be issued unless demand is satisfied 57-H. Place of sale 57-I When produce may be sold standing 57-J. Manner of sale 57-K. Postponement of sale 57-L. Payment of sale 57-M. Certificate to be given to purchaser 57-N. Proceeds of sale how to be applied 57-O. Distraint of property which is under attachment 57-R. Suit for compensation for wrongful distraint and appeals 57-S. Power to make Rules 57-T. Interpretation CHAPTER VII Miscellaneous 58. Registrar and other officers to be public servants 59. Proof of entries in societies’ book 60. Delegation of power to hear appeals 61. compulsory affiliation of registered societies to a Co-operative Federation 62. Exemptions from requirements as to registration 63. Limitation 64. Power to exempt from income-tax, stamp duty, and registration fees 65. Exemption from compulsory registration of instruments relating to shared and debentures of a registered society 65-A. The Power of the State Government to review the order of the Registrar 65-B. Removal of difficulty 66. Power to make Rules 66-A. Fixation of proportion of Co-operative Loans for scheduled castes , scheduled tribes, small farmers, marginal farmers and other weaker sections of the community 66-B. Power of the State Government to prescribe the nature, number of posts and the mode of recruitment of personnel by Co-operative Societies 67. Repeals Jharkhand Co-operative Societies Rules, 2008 Title and Definitions 1. Title 2. Definitions Registration of Societies 3. Application for registration 4. Procedure of registration 5. Preliminary general meeting (deleted) 6. Registered address Admission to membership 7. Admission to membership 8. Eligibility for membership 9. Cessation of membership 10. Exception to admission as member 11. Re-admission of expelled members Limit of Membership and Shares 12. Limit to membership and shares 13. Restriction on the holding of shares by a member Resignation and Expulsion 14. Resignation and Expulsion Bye – laws of Societies 15. Bye-laws of societies 16. Amendment of Bye-laws 17. Registration of Amendment of Bye - laws 18. Certified copy of Amendment to be sent in Form VIII 19. Name of society to be changed by amendment General meeting 20. General meeting 21. Procedure at general meeting Election 21-A. Election of the members of he managing Committee 21-B. Power to organise election 21-C. Dates of election to be fixed by the Registrar 21-D. Appointment of Election Officer and an Alternate Officer 21-E. Render of assistance to the Election Officer 21-F. Appointment of Polling officers 21-G. Polling officers appointed not concerned with the management and administrating of Societies 21-H. Preliminary meeting to elect the delegate 21-I. Submission of the list of members to the Election Officer 21-J. Display of list on the notice – board 21-K. Special General Meeting 21-L. Proper service of the notice 21-M. Date to be fixed for filing of nomination etc. 21-N. Disqualification for filing nomination 21-O. Option to retain only one seat 21-P. Unanimous election 21-Q. Election on the basis of valid nomination 21-R. Identification of Voters 21-S. Ballot- Paper 21-T. Interruption of the election proceeding at the Polling Station 21-U. Counting Votes 21-V. Determination of amount of expenses for holding election 21-W. To assist the Registrar in discharge of election duties 21-X. Dispute relating to Election State Government decisions Managing Committee 22. Managing Committee 23. Election to Managing Committee 24. Member not to hold office 25. Disabilities of members 26. Constitution of Sub-Committees 27. Procedure at committee meeting 28. Holding of meeting 29. Powers and duties of the Managing Committee 30. Procedure when society is superseded 31. Honorarium to members 32. Rules of business 33. Appointment of paid employees 34. Deputation of Government officers 35. Imposition of fine Change of liability, Amalgamation and Division of Societies 36. Change of liability 37. Division of societies 38. Voluntary amalgamation of societies 39. Compulsory amalgamation of societies Raising of Funds 40. Borrowing 41. Loans of members 42. Salary earner’s society Investment and Deposits 43. Investment and Deposits 44. Investment of fund (50 per cent) 45. Constitution of a Compulsory Deposit Fund 46. Rebate allowable to members 47. Reserve fund 48. Availability of reserve fund 49. Bad debt fund 50. Refund of share money and transfer of shares 50-A. Reduction of share capital 51. Nomination by member 52. Value of share Deceased Member’s interest 53. Disposal of unclaimed shares 54. Registers of members and shares 55. Account books, registers and forms 56. Returns and reports Audit and Account 57. Audit 58. Statement of accounts and balance sheets 59. Audit of wound up societies 60. Payment of Audit fee. Copies of entries 61. Certifying copies of entries Deceased Member’s interest 62. Custody of account books and registers. 63. Preservation of records Liquidation 64. Appointment or removal of liquidator and payment of remuneration of records 65. Procedure Appeal and Revision 66. Appeal and Revision 67. Sanction for appeal Deceased Member’s interest 68. Desputes : arbitration 69. Reference to District Judge Service of Summons or notice 70. Service of summons or notice Requisition for Dues 71. Certificate Proceedings Creditor’s Meetings 72. Procedure at meetings Miscellaneous 73. Power to attend meetings 74. Seizure of records 75. Contribution to Co-operative conferences 76. Registrar’s power of condonation 77. Savings Forms:- The Jharkhand Co-operative Societies Act, 2008 Preamble - Whereas, it is expedient to facilitate the formation, working and consolidation of co-operative societies for the promotion of thrift, self-help and mutual aid among agriculturists and other persons with common needs. Whereas, it is a priority of thr government to achieve integrated development of agriculture with the objective of enhancing income generation in rural areas, And Whereas it is envisaged that the co-operative societies, specially the primary agriculture credit society and such other co-operative societies at grass root as well as higher levels, can play a major role in the development of agriculture in terms of supply of inputs as well as marketing of agriculture produce and there processing, And Whereas it is imperative to improve the financial services rendered by credit co-operative societies and such other societies at all levels and to carry out reforms to make them more democratic, well governed and professionally managed inn terms of the recommendations of the Vaidyanathan Committee constituted by Government of India for revival of the short term credit structure. And Whereas it is necessary to bring out a new co-opertaive societies Act by unifying the Jharkhand Co-operative Societies Act, 1935 and Jharkhand Self Supporting Co-opertaive Societies Act, 1996. Be it enacted by the legislature of the State of Jharkhand, in the 59 th. Year of the Republic of India as follows:- CHAPTER – I