Bare Act

The Uttarakhand Co-operative Societies Act, 2003

Corporate2003194 sections

This law governs the formation, management, and regulation of co-operative societies in the state of Uttarakhand. It applies to all registered co-operative entities, including agricultural, credit, and urban banks, as well as their higher-level federations. The Act establishes rules for their administration, financial operations, and dispute resolution to ensure these member-owned organizations function effectively and serve the economic needs of the community while maintaining accountability.

  1. 1. Short title, extent and Commencement
  2. 2. Definition
  3. 3. Registrar and other officers and their powers
  4. 4. Societies which may be registered
  5. 5. Registration with limited or unlimited liability
  6. 6. Application for registration
  7. 7. Registration
  8. 8. Registration certificate
  9. 9. Co-operative societies to be bodies corporate
  10. 10. Change of name of co-operative society
  11. 11. Change of liabilities
  12. 12. Amendment of bye-laws of a co-operative society
  13. 13. When amendments of bye-laws come into force
  14. 14. Power to direct amendments in bye-laws
  15. 15. Amalgamation and merger of co-operative societies
  16. 16. Division co-operative societies
  17. 17. Person, who may be members of a co-operative society
  18. 18. Classes of members
  19. 19. Member not to exercise right till due payment made
  20. 20. Vote of members
  21. 21. Manner of exercising vote
  22. 22. Restriction on holding of shares
  23. 23. Restriction on transfer of shares or interest
  24. 24. Transfer of interest on death of member
  25. 25. Liability of past member and estate of deceased member
  26. 26. Admission to and withdrawal from membership
  27. 27. Removal or expulsion of a member by a society or the Registrar
  28. 28. Final authority in co-operative society
  29. 29. Committee of management
  30. 30. Chairman
  31. 30A. Motion of no-confidence against Chairman or Vice-Chairman
  32. 31. Chief Executive and his Emoluments and functions
  33. 31A. Appointment of Managing Director instead of Secretary for Apex societies
  34. 32. Annual general meeting
  35. 33. Other general meetings
  36. 34. Nominees of the Government on the committee of management
  37. 35. Supersession or suspension of the committee of management
  38. 36. Securing possession of records etc.
  39. 37. Registrar’s emergency powers to seize records, etc.
  40. 38. Removal of an officer of a co-operative society
  41. 39. First charge of co-operative society on certain assets
  42. 40. Deduction from salary to meet society’s claim in certain cases
  43. 41. Charge and set off in respect of shares or interest of members in the capital of a co-operative society
  44. 42. Share or interest not liable to attachment
  45. 43. Exemption from compulsory registration of Instruments
  46. 44. Direct partnership of State Govt. in societies
  47. 45. Principal State partnership Fund
  48. 46. Subsidiary State partnership Fund
  49. 47. Approval of State Government for purchase of shares
  50. 48. Liability to be limited in respect of certain shares
  51. 49. Restrictions on amount of dividend
  52. 50. Indemnity of apex and central societies
  53. 51. Disposal of share capital and dividends, etc.
  54. 52. Disposal of principal State partnership fund and subsidiary State partnership fund on winding up of an apex or a central society
  55. 53. Principal State partnership fund and subsidiary State partnership fund not to form part of the assets
  56. 54. Terms and conditions for providing moneys
  57. 55. Other forms of State aid to co-operative societies
  58. 56. Provision of this Chapter to override other laws
  59. 57. Fund not to be divided
  60. 58. Disposal of net profits
  61. 59. Investment of funds
  62. 60. Restrictions on borrowings
  63. 61. Restrictions on loans
  64. 62. Restrictions on other transactions with non members
  65. 63. Provident fund & pension
  66. 64. Audit
  67. 65. Inquiry by Registrar
  68. 66. Inspection of books and property of a co-operative society
  69. 67. costs of inquiry
  70. 68. Surcharge
  71. 69. Registrar’s power to order remedying of defects
  72. 70. Disputes which may be referred to arbitration
  73. 71. Reference of dispute to arbitration
  74. 72. winding up of co-operative societies
  75. 73. Liquidator
  76. 74. Power of Liquidator
  77. 75. Bar of suit in winding up and dissolution matters
  78. 76. Cancellation of Registration of a co-operative society
  79. 77. Registration of co-operative farming societies
  80. 78. Certain requirements of registration
  81. 79. Consequences of registration
  82. 80. Lunacy of members
  83. 81. Admission of new members
  84. 82. Effect of cessation of membership
  85. 83. Heirs entitled to become members of the co-operative farming society
  86. 84. Consolidation of land held by co-operative farming society
  87. 85. Distribution of profit
  88. 86. Power of a co-operative farming society to raise loan of the mortgage of land held by it
  89. 87. Concessions and facilities for co-operative farming societies
  90. 88. Power of make rules
  91. 89. Provisions of Chapter to prevail over other law
  92. 90. Interpretation
  93. 90-A. Special provisions applicable to insured co-operative banks
  94. 91. Enforcement of charge
  95. 92. Execution of certain orders and awards
  96. 93. Registrar or person empowered by him to be a civil court for certain purposes
  97. 94. Attachment of property before award or order
  98. 95. Recovery of sums due to Government
  99. 96. Co-operative Tribunal
  100. 97. Appeals against awards of Registrar
  101. 98. Appeal against the awards, orders and decisions
  102. 100. Interim orders
  103. 101. Transfer of appeals
  104. 102. Finality of orders and decisions
  105. 103. Offences and penalties under the Act
  106. 104. Penalty for contravention of section 8 or section 106
  107. 105. Cognizance of offences
  108. 106. Prohibition against the use of word or “co-operative”
  109. 107. Address of co-operative society
  110. 108. Copies of Act etc. to be open for inspection
  111. 109. Powers of civil court to Tribunals, Arbitrators and others in certain matters
  112. 110. Bar of jurisdiction of court
  113. 111. Power to exempt society from conditions of registration
  114. 112. Service of notice under the Act
  115. 113. Notice necessary in suits
  116. 114. Act of co-operative societies not to be invalidated by certain defects
  117. 115. Indemnity
  118. 116. Partnership and joint ventures
  119. 117. Promotion of subsidiary organization
  120. 118. Board of reconstruction
  121. 119. Functions of apex society
  122. 120. Qualifications for appointment as secretary, manager, etc. of co-operative societies
  123. 121. Power of Registrar to determine terms of employment of society
  124. 122. Authority to control employees of co-operative societies
  125. 123. Constitution or recognition of co-operative federal authority to supervise working of co-operative societies
  126. 124. Registrar and other officers to be public servants
  127. 125. Writing off non-recoverable assets
  128. 126. Registrar’s power to annual resolution of a co-operative society or cancel order passed by an officer of a co-operative society in certain cases
  129. 127. Registrar power to permit a co-operative society to function as an agency for disbursement of developmental Loans for Agriculture and Rural Development Schemes and Allied activities
  130. 128. Power to make rules
  131. 129. Provisions in regard to existing societies and their bye-laws
  132. 130. Other provisions in regard to existing societies
  133. 131. Power to remove difficulties
  134. 132. Repeals amendment and construction of enactments
  135. 133. Advancement of Term Loans for Agriculture & Rural Development
  136. 134. Procedure of advancement of Agriculture and Rural Development Loans, extent and security
  137. 135. Appointment of Trustee
  138. 136. Powers & functions of Trustee
  139. 137. Trustee to be a corporation sole
  140. 138. Issue of Debentures
  141. 139. Vesting of property in Trustee and debenture holders charge on the assets
  142. 140. Guarantee by State Government of principal and interest on debentures
  143. 141. Borrowings from Govt. & other financial institutions
  144. 142. Priority of mortgage over certain claims
  145. 143. Right of Uttarakhand State co-operative Bank to purchase mortgaged property
  146. 144. Power of Uttarakhand State co-operative Bank where mortgaged property is destroyed or security becomes insufficient
  147. 146. Title of purchaser not to be questioned on grounds of irregularity etc.
  148. 147. Mortgage not to be questioned on insolvency of mortgagor
  149. 148. Appointment of receiver and his powers
  150. 149. Vesting of right of alienation on agriculturists not having such rights
  151. 150. Mortgagors power to lease or to create other rights in the mortgaged any charged property
  152. 151. Registration of documents executed in favour of Uttarakhand State co-operative Bank
  153. 152. Revenue Register for noting of charge of mortgage
  154. 153. Section 102, 103, 104 of the Transfer of Property Act, 1882, to apply to notices this Act
  155. 154. Mortgages executed by manager of Joint Hindu Families
  156. 155. Modification subject to which section 8 of the Hindu Minority & Guardianship Act, 1956 shall apply to the mortgages under this Act
  157. 156. Reference to Uttar Pradesh Sahkari Gramya Vikas Bank to be construed as a reference to Uttarakhand State co-operative Bank
  158. 157. Power of the Board of Uttarakhand State co-operative Bank to make regulations
  159. 158. Power of State Government to make rules
  160. 159. Trustee and others to be public servants
  161. 160. Public servants not to bid at sale
  162. 161. Guarantee funds to meet certain losses
  163. 15 (partially included). Amalgamation or merger of co-operative societies
  164. 16.A. Powers of Registrar to direct amalgammation or merger of co-operative societies
  165. 16.B. Power of Registrar to direct division of a co-operative society into two or more co-operative societies
  166. 26.A. Universal membership
  167. 26(1). Section 26(1)
  168. 26(2). Section 26(2)
  169. 29(6). Powers and functions of the Administrator or committee
  170. 35.A. Section 35.A
  171. 43.A. Register of Members
  172. 43.B. Registers of mortgages and charges
  173. 43.C. Proof of the entries in books of co-operative societies
  174. 43.D. Pass book to members
  175. 43.E. Exemption from certain Taxes, fees and duties
  176. 64(5)-(8). Audit
  177. 70(3). Dispute relating to constitution, management or business
  178. 71.A. Powers of creditor society against debtor society and its members
  179. 71.B. Exemption from Indian Limitation Act, 1963
  180. 74.A. Audit of Liquidator’s Accounts
  181. 74.B. Disposal of surplus Assets
  182. 74(4). Section 74(4)
  183. 74(5). Section 74(5)
  184. 82(2). Cessation of membership (partial)
  185. 82(3). Cessation of membership (partial)
  186. 95.A. Special provision for recovery of certain dues of agricultural society
  187. 99.A. Revision by Tribunal
  188. 99.B. Review of order of appellate authority
  189. 99.C. Powers of revision of Registrar and Government
  190. 102.A. Constitution of State co-operative Council, its functions etc.
  191. 104.A. Compounding of offences
  192. 113.A. Control of expenditure in litigation in certain cases
  193. 122.A. Centralization of certain services
  194. 149.A. Creation charge in favour of Uttarakhand State co-operative Bank

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