(Sind Act VII of 1925)
[4 December 1925 ]
An
Act to consolidate and amend the law relating to co-operative societies in [2][2][the
Province of West Pakistan
WHEREAS
it is expedient further to facilitate the formation and working of co-operative
societies for the promotion of thrift, self-help and mutual aid among
agriculturists and other persons with common economic needs so as to bring
about better living, better business and better methods of production and for that
purpose to consolidate and amend the law relating to co-operative societies in [3][3][the Province of West Pakistan]; and whereas
the previous sanction of the Governor-General required by sub-section (3) of
section 80-A of the Government of India Act has been obtained for the passing
of this Act;
It
is hereby enacted as follows:-
PRELIMINARY]
[6][6][2. Extent.— This Act extends to the whole of the Province of West Pakistan
3. Definitions.— In this Act, unless there is anything
repugnant in the subject or context,
(a) “by-laws”
means by-laws registered under this Act and for the time being in force and
includes a registered amendment of such by-laws;
(b) “Committee”
means the Committee of Management or other directing body to whom the
management of the affairs of a society is entrusted;
[7][7][(bb) “Financing
Bank” means a society the main object of which is to make loans in cash or in
kind to any other society or to an agriculturist who is not a member of a
society or to both societies and such agriculturists;]
[8][8][(bbb) “Loan”
includes finance as defined in the Banking Tribunals Ordinance, 1984[9][9] and all cognate expressions shall be
construed accordingly];
(c) “Member”
includes a person joining in the application for the registration of a society
or a person admitted to membership after registration in accordance with the
rules and by-laws applicable to such society;
(d) “Officer”
includes a Chairman, Secretary, Treasurer, member of committee or other person
empowered under the rules or under the by-laws of a society to give directions
in regard to the business of such society;
(e) “Society”
means a society registered or deemed to be registered or deemed to be
registered under this Act;
(f) “Registrar”
means a person appointed to perform the duties of a Registrar of Co-operative
Societies under this Act;
(g) “Rules”
means rules made under this Act;
(h) (1) a “resource society” means a society formed
with the object of obtaining for its members the credit, goods or services
required by them;
(2) a “producers’ society” means a society formed with the object of
producing and disposing of goods as the collective property of its members and
includes a society formed with the object of the collective disposal of the
labour of the members of such society;
(3) a “consumers’ society” means a society formed with the object of
obtaining and distributing goods to or of performing services for its members,
as well as to other consumers and of dividing among its members and customers
in a proportion prescribed by the rules or by the by-laws of such society, the
profits accruing from such supply and distribution;
(4) a “housing society” means a society formed with the object of
providing its members with dwelling houses on conditions to be determined by
its by-laws;
(5) a “general society” means a society not falling under any of the
four classes above-mentioned.
The
Registrar shall classify all societies under one or other of the above heads
and his decision shall be final.
A society
formed with the object of facilitating the operations of any one of the above
classes of societies shall be classified as a society of that class.
A
list of all such societies, so classified shall be published annually in the [10][10][Official Gazette].
REGISTRATION]
4. The
Registrar.— [12][12][The Provincial Government] may appoint a person
to be Registrar of Co-operative Societies for [13][13][the Province] or any portion of it, and may
appoint a person or persons to assist such Registrar, and may , by general or
special order, confer on any such person or persons all or any of the powers of
a Registrar under this Act.
[14][14][4-A. Power of Registrar to issue search
warrant.— (1) For the
purpose of recovering any papers, documents or books of account belonging to a
society, the Registrar may issue a search warrant and exercise all such powers
with respect thereto as may be lawfully exercised by a Magistrate under the
Provisions of Chapter VII of the Code of Criminal Procedure, 1898, and all such
searches shall be made in accordance with the Provisions of that Code.
(2) The powers under sub-section (1) shall
not be exercised by the Registrar before serving a notice on the society and
giving it a reasonable opportunity to produce such papers, documents or books
of account as are specified in such notice.]
5. Societies which may be registered.— Subject to the provisions hereinafter
contained a society which has as its object the promotion of the economic
interests of its members in accordance with co-operative principles, or a
society established with the object of facilitating the operations of such a
society, may be registered under this Act with or without limited liability:
Provided
that , unless [15][15][the Provincial Government] by general or
special order otherwise directs—
(a) the
liability of a society of which a member is a society shall be limited;
(b) the liability of a society of which the primary object is the
creation of funds to be lent to its members, and of which the majority of the
members are agriculturists and of which no member is a registered society shall
be unlimited and the members of such a society shall, on its liquidation, be
jointly and severally liable for and in respect of all obligations of such a
society:
Provided
further that when the question whether the liability of a society is limited or
unlimited has once been decided by the Registrar at the time of registration
his decision shall be final.
6. Restrictions on interest of member of
society with limited liability and a share capital.— Where the liability of the members of a
society is limited by shares, no member other than a society shall—
(a) hold
more than such portion of the share capital of the society, subject to a
maximum of one fifth, as may be prescribed by the rules; or
(b) have
or claim any interest in the shares of the society exceeding three-thousand
rupees: provided that if the society is a housing society a member may have or
claim an interest in the shares of the society not exceeding Rs. 20,000.
7. Conditions of registration.— (1) No society, other than a society of
which a member is a society, shall be registered under this Act, which does not
consist of at least ten persons above the age of eighteen years and, where the
object of the society is the creation of funds to be lent to its members,
unless such persons—
(a) reside
in the same town or village or in the same group of villages; or
(b) save
where the Registrar otherwise directs, are members of the same tribe, class,
caste or occupation.
[16][16][(2) No
society formed after the commencement of The [17][17][Sind] Co-operative Societies [18][18][* * *] (Amendment) Act, 1943, for the
purpose of carrying on business as a banking society or which uses as part of
its name under which it proposes to carry on business the word ‘bank’ or
‘banking’ shall be registered under this Act unless its paid-up share capital
amounts to rupees 20,000 or more;
Explanation—
For the
purpose of this section the expression ‘banking society’ means a society which
accepts deposits of money on current account or otherwise subject to withdrawal
by cheque, draft or order].
[19][19][(3)] The
word “limited” shall be the last word in the name of every society with limited
liability registered under this Act.
8. Power of Registrar to decide certain
questions.— When any
question arises [20][20][whether, for the purposes of this Act,] a
person is an agriculturist or a non-agriculturist, or whether any person is a
resident in a town or village or group of villages, or whether two or more
villages shall be considered to form a group, or whether any person belongs to
any particular tribe, class, caste or occupation, the question shall be decided
by the Registrar, whose decision shall be final.
9. Application for registration.— (1) For purposes of registration an
application to register shall be made to the Registrar.
(2) The application shall be signed—
(a) in the case of a society of which no member is a society, by at
least ten persons qualified in accordance with the requirements of section 7,
sub-section (1); and
(b) in the case of a society of which a member is a society by a duly
authorised person on behalf of every such society and where all the members of
the society are not societies, by ten other members or, when there are less
than ten other members, by all of them.
(3) The application shall be accompanied by a
copy of the proposed by-laws of the society , and the persons by whom or on
whose behalf such application is made shall furnish such information in regard
to the society as the Registrar may require.
10. Registration.— If the Registrar is satisfied that a society
has complied with the provisions of this Act and the rules and that its
proposed by-laws are not contrary to [21][21][any law for the time being in force], he may
register the society and its by-laws.
11. Evidence of registration.— A certificate of registration signed by the
Registrar shall be conclusive evidence that the society therein mentioned is
duly registered unless it is proved that the registration of the society has
been cancelled.
12. Annual general meeting.— Every society shall within a period of three
months after the date fixed for making up its accounts for the year under the
rules for the time being in force call a general meeting of its members.
13. Special general meeting.— A special general meeting may be called at
any time by a majority of the committee and shall be called within one month—
(1) on
the requisition in writing of one-fifth of the members of the society, or
(2) at
the instance of the Registrar.
14. Change of name: its effect.— A society may, by a resolution of a general
meeting and with the approval of the Registrar, change its name: but such
change shall not affect any right or obligation of the society, or of any of
its members, or past members and any legal proceedings pending may be continued
by or against the society under its new name.
15. Amalgamation or transfer of societies.— (1) Any two or more societies may, with the
approval of the Registrar by a resolution passed by a three-fourths majority of
the members present at a special general meeting of each such society held for
the purpose, amalgamate as single society ; provided that each member has had
clear fifteen days’ written notice of the resolution and the date of the
meeting. Such an amalgamation may be effected without a dissolution, or a
division of the funds, of the amalgamating societies. The resolution of the
societies concerned shall on such amalgamation be a sufficient conveyance to
vest the assets and liabilities of the amalgamating societies in the
amalgamated society.
(2) Any society may by a resolution passed in
accordance with the procedure laid down in sub-section (1) transfer its assets
and liabilities to any other society which is prepared to accept them:
Provided
that when any such amalgamation or transfer of assets and liabilities involves
the transfer of its liabilities by any society to any other society, it will
not be made without giving three months’ notice to the creditors of both or all
such societies:
Provided
further that if a creditor or creditors of any of the societies concerned
objects or object to such amalgamation or transfer of assets and liabilities
and gives or give written notice to that effect to the society or societies
concerned one month before the date fixed for such amalgamation or transfer,
the amalgamation or transfer shall not be made until the dues of such creditor
or creditors have been satisfied.
[22][22][16. Amendment of the by-laws of a
society.—
(1) No amendment of the by-laws of a society shall be valid until it is
registered under this Act.]
(2) If the Registrar is satisfied that any
amendment of the by-laws [23][23][made by a society] is not contrary to [24][24][any law for the time being in force], he may
register the amendment.
(3) When the Registrar registers an amendment
of by-laws of a society [25][25][under sub-section(2)], he shall issue to the
society a copy of the amendment certified by him, which shall be conclusive
evidence that the same is duly registered.
[26][26][16-A. Powers of the Registrar to amend
bye-laws.— (1) If the
Registrar is satisfied that the bye-laws of a society are inconsistent with any
law for the time being in force, or it is necessary in the interest of the
society and its members to make amendments in such bye-laws, he may, by means
of a notice in writing, giving reasons, bring the fact to the notice of the
society and advise the society to make the amendments within a period of sixty
days.
(2) If the
society fails to make such amendments within the time specified in sub-section
(1), the Registrar may, after giving the society an opportunity of being heard,
register such amendments as he may decide and issue to the society a copy of
the amendment registered by him.
(3) An appeal shall lie to the Government
from an order of the Registrar passed under sub-section (2) within two months
of the date of communication of the order.]
RIGHTS
AND LIABILITIES OF MEMBERS]
17. No rights of membership to be exercised till
due payments are made.— No
person shall exercise the rights of a member of a society unless or until he
has made such payment to the society in respect of membership, or acquired such
interest in the society as may be prescribed by the rules or the by-laws of
such society.
[28][28][17-A. Special provisions for membership of
resource societies.—
Notwithstanding anything contained in this Act and any other law for the time
being in force—
(i) every application made by any person for membership of an
Agricultural Credit Society shall be accompanied by a declaration specifying
the immovable property on which he agrees to have a charge created for the dues
of the society; and no such person shall be admitted as a member or shall
exercise rights of a member of such society unless he makes such declaration;
(ii) any member of an Agricultural Credit Society may at any time make
a declaration as in clause(i) regarding immovable property on which he agrees
to have a charge created for the dues of the society of which he is a member;
(iii) a declaration made under clause(i) or (ii) may be varied at any
time by a member with the consent of the society in favour of which such charge
is created;
(iv) no member of an Agricultural Credit Society so long as he
continues to remain such member shall alienate the whole or any part of the
property specified in the declaration made under clause(i) or (ii);
(v) any alienation of any property specified in the declaration made
under clause (i) or (ii) by such member shall be void;
(vi) subject to the prior claim of [29][29][Government] in respect of land revenue or
any money recoverable as arrears of land revenue, there shall be a first charge
in favour of the society on the property specified in the declaration under
clause (i) or (ii) in respect of and to the extent of any debt or other
outstanding demand owing by such member to the society;
(vii) an entry regarding a charge on immovable property created by a
declaration under clause (i) or (ii) or any variation made therein under clause
(iii) shall be made in the record of rights maintained under Chapter X-A of the
[30][30][Sind] Land Revenue Code, 1879, [31][31][or the relevant provisions of any other law
relating to land revenue in force in the area,] notwithstanding anything
contained in the said Chapter.
Explanation—For the purposes of this section an
‘Agricultural Credit Society’ means a resource society of which the primary
object is the creation of funds to be lent to its members and of which a
majority of the members are agriculturists and of which no member is a
registered society and the liability of which is limited.]
18. Votes of members.— (1) No member of any society shall have more
than one vote in its affairs, provided that in the case of an equality of votes
the chairman shall have a casting vote.
(2) A Society which has invested any part of
its funds in the shares of another society, may appoint one of its members to
vote in the affairs of such other registered society.
[32][32][18-A. Disqualification for being , and for
voting at an election of Director, Manager or other officer of the society.— A member of the society to which the
provisions of this section have been applied by the Provincial Government by
notification in the Official Gazette shall be disqualified for being, and for
voting at an election of , a Director, Manager or other officer of the society—
(a) if he has taken a loan from the society which has been outstanding
for six months or more after it has become payable and has not been re-paid
upto the day immediately preceding the date of the election, or
(b) if he has taken a loan from the society which is repayable by
installments and the amount of three or more installments has been outstanding
for six months or more from the date on which the amount of the last
installment became payable and has not been re-paid upto the day immediately
preceding the date of the election.
Explanation—The date on which the loan or installment
becomes payable is the date specified in the bond or any other instrument in
writing evidencing the loan but does not include any extension thereof.]
19. Restrictions on transfer of share or
interest.— (1) The transfer
or charge of the share or interest of a member in the capital of a society
shall be subject to such conditions as to maximum holding as may be prescribed
by this Act or by the rules.
(2) A member shall not transfer any share held by
him or his interest in the capital or property of any society or any part
thereof unless—
(a) he has held such share or interest for not less than one year; and
(b) the transfer or charge is made to the society or to a member of
the society or to a person whose application for membership has been accepted
by the society.
DUTIES
OF SOCIETIES]
20. Address of societies.— Every society shall have an address
registered in accordance with the rules, to which all notices and
communications may be sent, and shall send notice in writing to the Registrar
of any change in the said address within 30 days of such change.
21. Copy of Act etc., to be open to inspection.— Every society shall keep open to inspection
at all reasonable times at the registered address of the society—
(a) a copy of this Act.
(b) a copy of the rules governing such society.
(c) a copy of the by-laws of such society, and
(d) a register of its members.
22. Audit.— (1) The Registrar shall by himself or by some person authorized by him
in writing by general or special order in this behalf audit the accounts of
every society once at least in every year.
(2) The audit under sub-section(1) shall include
an examination of overdue debts, if any, the verification of cash balance and
securities, and a valuation of the assets and liabilities of the society.
(3) The Registrar or other person auditing the
accounts of any society shall have free access to the books, accounts and
vouchers of such society and shall be allowed to verify its cash balances and
securities.
The
Directors, Managers, and other officers of the society shall furnish to the
Registrar or other person appointed to audit the accounts of a society all such
information as to its transactions and working as the Registrar or such person
may require.
(4) The Registrar and every other person appointed
to audit the accounts of a society shall have power, when necessary—
(i) to summon at the time of his audit any officer , agent, servant or
member of the society who he has reason to believe can give valuable
information in regard to any transaction of the society or the management of
its affairs, or
(ii) to require the production of any book or document relating to the
affairs of any cash or securities belonging to the society by the officer,
agent, servant, or member in possession of such book, document, cash or
securities.
[34][34][22-A. Power of Registrar to exercise powers
under section 50-A in the course of an audit.— Where, in the course of an audit under
section 22 it appears to the Registrar that there exists any such ground as is
specified in section 50-A, he may, of his own motion or on the application of
the person authorised by him under section 22, exercise the powers specified in
section 50-A].
PRIVILEGES
OF SOCIETIES]
23. Societies to be bodies corporate.— The registration of a society shall render
it a body corporate by the name under which it is registered, with perpetual
succession and a common seal, and with power to hold property, to enter into
contracts, to institute, and defend suits and other legal proceedings and to do
all things necessary for the purposes of its constitution.
24. Prior claim of society.— Subject to any prior claim of [36][36][Government] in respect of land revenue or
any money recoverable as land revenue or of a landlord in respect of rent or
any money recoverable as rent,
(a) any debt or outstanding demand owing to a
society by any member or past member [37][37][or, in the case of a society authorised
under sub-section (1) of section 34 to make loans to non-members, by a
non-member] shall be a first charge (i) upon crops or other agricultural
produce raised in whole or in part with a loan taken from the society by [38][38][such member, past member or non-member], and
(ii) upon any cattle, fodder for
cattle, agricultural or industrial implements or machinery, or raw materials
for manufacture or workshop, godown or place of business, supplied to or
purchased by [39][39][such member, past member or non-member] in
whole or in part from any loan whether in money or goods given, him by the
society:
Provided
that nothing contained in this clause shall effect the claims of any bonafide purchaser or transferee for
value without notice of any such crops or other agricultural produce, cattle,
fodder for cattle or raw materials for manufacture or workshops, or agricultural
or industrial implements; and
(b) any outstanding demands or dues payable to a
housing society by any member or past member in respect of rent, shares, loans,
or purchase money or any other rights or amounts payable to such society shall
be a first charge upon his interest in the immovable property of the society.
25. Charge and set-off in respect of shares or
interest of member.— A
society shall have a charge upon the share or interest in the capital and on
the deposits of a member or past member and upon any dividend, bonus or profits
payable to a member or past member in respect of any debt due from such member
or past member to the society, and may set-off any sum credited or payable to a
member or past member in or towards payment of any such debt.
26. Shares or interest not liable to
attachment.— Subject to the
Provisions of section 25, the share or interest of a member in the capital of a
society or in any provident fund established under section 41 of this Act shall
not be liable to attachment or sale under any decree or order of a Court of
justice in respect of any debt or liability incurred by such member, and [40][40][neither the Official Assignee under the
Insolvency (Karachi Division [41][41][* * *]) Act, 1909 nor a receiver under the
Provincial Insolvency Act, 1920, shall] be entitled to or have any claim on
such share or interest.
27. Transfer of interest on death of member.— (1) On the death of a member of a society
such society may within a period of one year from the death of such member
transfer the share or interest of the deceased member to a person or persons
nominated in accordance with the by-laws of the society , if duly admitted a
member of the Society, in accordance with the rules or the by-laws of the
society, or, if there is no person so nominated, to such person as may appear
to the Committee to be the heir or legal representative of the deceased member
if duly elected a member of the society, or may pay to such nominee, heir or
legal representative, as the case may be, a sum representing the value of such
member’s share or interest as ascertained in accordance with the rules or
by-laws:
Provided
that such nominee, heir or legal representative, as the case may be, may
require that payment shall be made by the society within one year from the
death of the member of the value of the share or interest of such member
ascertained as aforesaid.
[42][42][Provided further that the nominee, heir or
legal representative shall distribute the amount received by him among the
heirs of the deceased.]
(2) A society shall subject to the provisions of
section 25 and unless prevented by an order of a competent court pay to such
nominee, heir or legal representative, as the case may be, all other moneys due
to the deceased member from the society.
(3) All transfers and payments made by a
society in accordance with the provisions of this section shall be valid and
effectual against any demand made upon the society by any other person.
28. Liability of past member.— The liability of a past member for the debts
of a society as they existed at the time when he ceases to be a member, shall
continue for a period of two years from the date of his ceasing to be a member.
29. Liability of the estates of deceased
members.— The estate of a
deceased member shall be liable for a period of one year from the date of his
decease for the debts of a society as they existed at the time of his death.
30. Register of members.— Any register or list of members or shares
kept by any society shall be prima facie
evidence of any of the following particulars entered therein:-
(a) the
date at which the name of any person was entered in such register or list as a
member;
(b) the
date at which any such person ceased to be a member.
31. Admissibility of copy of entry as evidence.— (1) A copy of any entry in any book,
register or list regularly kept in the course of business in the possession of
a society shall, if duly certified in such manner as may be prescribed by the
rules, be admissible in evidence of the existence of the entry and shall be
admitted as evidence of the matters and transactions therein recorded in every
case where, and to the same extent to which the original entry would, if
produced, have been admissible to prove such matters.
(2) In the case of such societies as [43][43][the Provincial Government] by general or
special order may direct no officer of a society shall in any legal proceedings
to which the society is not a party be compelled to produce any of the
society’s books, the contents of which can be proved under sub-section(1), or
to appear as a witness to prove the matters, transactions and accounts therein
recorded, unless by order of the Court or a Judge made for special cause.
32. Exemption from compulsory registration of
instruments relating to shares [44][44][etc]
of society.— Nothing in
section 17, sub-section (1), clauses (b) and (c), of the [45][45][* * *]Registration Act, 1908[46][46], shall apply to—
(1) any
instrument relating to shares in a society notwithstanding that the assets of
the society consist in whole or in part of immovable property; or
(2) any
debenture [47][47][participation term certificate [48][48][term] finance certificate, musharika
certificate, modaraba certificate and such other instruments as may be approved
by the State Bank of Pakistan], issued by any society and not creating ,
declaring, assigning, limiting or extinguishing any right, title or interest to
or in immovable property except in so far as it entitles the holder to the
security afforded by a registered instrument whereby the society has mortgaged,
conveyed or otherwise transferred the whole or part of its immovable property
or any interest therein to trustees upon trust for the benefit of the holders
of [49][49][such instruments]; or
(3) any
endorsement upon or transfer of any debenture [50][50][participation term certificate, term finance
certificate, musharika certificate, modaraba certificate, and such other
instruments as may be approved by the State Bank of Pakistan], issued by any
society.
33. Power to exempt from income-tax, stamp-duty,
registration and court fees.—
(1) The [51][51][Central Government], by notification in the [52][52][Official Gazette], may, in the case of any
society or class of societies, remit the income-tax or super-tax payable in
respect of the profits of the society, or of the dividends or other payment
received by the members of the society on account of profits or in respect of
interest [53][53][or return] on securities held by the
society.
(2) The [54][54][Provincial Government] by notification in
the [55][55][Official
Gazette], may, in the case of any society or class of societies, remit—
(a) the stamp-duty with which, under any law for the time being in
force, instruments executed by or on behalf of a society or by an officer or
member and relating to the business of the society, or any class of such
instruments [56][56][or security bonds executed by or on behalf
of officers or servants of a society] or awards of the Registrar or arbitrators
under this Act are respectively chargeable; and
(b) any fee payable under the law of registration and of court fees
for the time being in force.[57][57][* * *]
33-A. Provincial Government may give loans or
guarantee interest [58][58][or
return].— With such
safeguards as may be prescribed by rules in this behalf [59][59][the Provincial Government] may give loans to
societies or guarantee the payment of [60][60][the principal of debentures issued by them
or of interest [61][61][or return] thereon or both].
PROPERTY
AND FUNDS OF SOCIETIES]
34. Restrictions on loans.— (1) Except with the general or special
sanction of the Registrar [63][63][and subject to such terms and conditions as
he may impose] a society shall not make a loan to any person other than a
member.
(2) Save with the sanction of the Registrar, a
society with unlimited liability shall not lend money on the security of
movable property.
(3) [64][64][The Provincial Government] may, by general
or special order, prohibit or restrict the lending of money on mortgage of
immovable property by any society or class of societies.
[65][65][(4) Where
the Registrar has accorded sanction to a financing bank under sub-section (1)
to make loans to non-members, a society which is a member of such financing
bank may, subject to the terms of the sanction and such other terms and
conditions as the Registrar may impose, act as an agent of the financing bank
and as such agent carry out, on or without the payment of any commission, all
or any transactions connected with any loan made or to be made by the financing
bank].
35. Restrictions on borrowing.— A society shall receive deposits and loans
from persons who are not members only to such extent and under such conditions
as may be prescribed by the rules or by the bye-laws of the society.
36. Restrictions on other transactions with
non-members.— Consumers’,
producers’ and housing societies may to the extent permitted by their by-laws
trade with persons who are not members, but the transactions of a resource
society with persons other than members except as provided under section 34 or
35 shall be subject to such prohibitions and restrictions, if any, as [66][66][the Provincial Government] may by rules
prescribe.
37. Investment of funds.— A society may invest or deposit its funds—
(a) in
the Government Saving Bank; or
(b) in
any of the securities specified in section 20 of the [67][67][* * *] Trusts Act, 1882[68][68]; or
(c) in
the shares or on the security of any other society, provided that no such
investment shall be made in the shares of any society other than one with
limited liability; or
(d) with
any bank or person carrying on the business of banking approved for this
purpose by the Registrar; or
(e) in
any other mode permitted by the rules.
38. Restrictions on dividend.— No society shall pay a dividend to its
members at a rate exceeding 10 per cent.
39. Reserve Fund.— (1) Every society which does or can derive a
profit from its transactions shall maintain a reserve fund.
(2) In the case of a resource or producers’
society at least 1/4th of the net profits of the society each year
shall be carried to the reserve fund and in the case of any other society at
least 1/10th of the net profits of the society each year shall be
carried to the reserve fund, and such reserve fund may be used in the business
of the society or may be invested, subject to the provisions of section 37, as [69][69][the Provincial Government] may by general or
special order direct, or may, with the previous sanction of [70][70][the Provincial Government] be used in part
for some public purpose likely to promote the objects of this Act or for some
purposes of provincial or local interest.
40. Restriction on distribution of profits.— Subject to the provisions of section 38 the
balance of the profits of a society after making the prescribed provisions for
the reserve fund may, together with any available profits of past years be
distributed among its members, and in the case of consumers’ and producers’
societies, also among persons who are not members, to the extent and under the
conditions prescribed by the rules or by the by-laws of such societies, provided
that :-
(a) in
the case of a resource society on a basis of unlimited liability in which the
members do not hold shares, no distribution of profits shall be made without
the general or special order of [71][71][the Provincial Government] in this behalf;
and
(b) in
the case of a resource society on a basis of unlimited liability in which the
members hold shares, no such distribution of profits shall be made until 10
years from the date of registration of the society have elapsed.
41. Provident fund.— Any society may establish a provident fund
for its members out of contributions from such members in accordance with
by-laws made by the society in this behalf and may contribute to such provident
fund from its net profits, after the prescribed payments have been made to the
reserve fund, provided that such provident fund shall not be used in the
business of the society but shall be invested under the provisions of section
37; and provided further, that no part of such provident fund shall be
considered as an asset of the society.
42. Contribution to charitable purpose.— With the approval of the [72][72][Registrar] and after the payments prescribed
by sub-section (2) of section 39 have been made to the reserve fund, any
society may—
(a) set
aside a sum not exceeding 20 per cent of its net profits, and
(b) utilize
from time to time the whole of such sum in contributing to any public or
co-operative purpose, or to a charitable purpose as defined in section 2 of the
Charitable Endowments Act, 1890[73][73].
INSPECTION OF AFFAIRS]
43. Inquiry by Registrar.— (1) The Registrar may of his own motion by
himself or by a person duly authorised by him in writing in this behalf hold an
inquiry into the constitution, working and financial condition of a society.
(2) The Registrar shall hold such an inquiry as
is contemplated in sub-section (1) of this section—
(a) on the requisition of a society, duly authorised by rules made in
this behalf to make such requisition, in respect of one of its members, such
member being itself a society,
(b) on the application of a majority of the Committee of the society,
(c) on the application of 1/3rd of the members of the
society.
(3) All officers and members of the society whose
affairs are investigated shall furnish such information in their possession in
regard to the affairs of the society as the Registrar or the person authorized
by the Registrar may require.
(4) The result of any inquiry under this section
shall be communicated to the society whose affairs have been investigated.
44. Inspection of books of indebted society.— (1) The Registrar may, on the application of
a creditor of a society inspect or direct some person authorized by him by
order in writing in this behalf to inspect the books of the society:
Provided
that—
(a) the
applicant satisfies the Registrar that the debt is a sum then due, and that he
has demanded payment thereof and has not received satisfaction within a
reasonable time; and
(b) the
applicant deposits with the Registrar such sum as security for the costs of the
proposed inspection as the Registrar may require.
(2) The Registrar shall communicate the result of
any such inspection to the creditor.
[75][75][44-A. Inspection of books by financing bank.— (1) A financing bank shall have the right to
inspect the books of any society which is indebted to it. The inspection may be
made either by an officer of the financing bank or by a member of its paid
staff certified by the Registrar as competent to undertake such inspection. The
officer or member so inspecting shall at all reasonable times have free access
to the books, accounts, documents, securities, cash and other properties
belonging to or in the custody of the society and may also call for such
information, statements and returns as may be necessary to ascertain the
financial condition of the society and the safety of the sums lent to it by the
financing bank.
(2) The financing bank shall communicate the
result of such inspection to the Registrar and the society concerned.]
[76][76][44-B. Power
of Registrar to exercise powers under section 50-A in the course of an inquiry
or inspection.— Where, in the course of any inquiry under section 43 or an inspection
under section 44 or section 44-A it appears to the Registrar that there exists
any such ground as is specified in section 50-A, he may, of his own motion or
on the application of the person authorised by him under section 43 or section
44 or section 44-A, exercise the powers specified in section 50-A].
[77][77][44-C. Power to remove officers.— (1) An officer of a society, by whatever
name called may be removed by the Registrar , if, on an enquiry, he is
satisfied that the said officer—
(i) acts in a manner prejudicial to the interest of the society or its
members; or
(ii) has incurred any of the disqualifications or has ceased to possess
any of the qualifications for being an officer provided by the Act, rules or
bye-laws; or
(iii) has committed an act in respect of which the Registrar is
empowered to take action under section 50-A.
(2) An order under sub-section (1) shall not
be passed without giving to the concerned officer a reasonable opportunity of
being heard.
(3) On being removed, the officer shall not
perform any functions as such in relation to the society.
(4) An officer aggrieved by an order under
sub-section (1) may, within a period of seven days from the date of the order
of his removal, prefer an appeal to such Appellate Authority as may be
constituted by the Government and the decision of the said Authority shall be
final:
Provided
that the provisions of this section shall not apply to the Punjab Provincial
Cooperative Bank Ltd.
44-D. Power of Registrar to give directions.— (1) Where the Registrar is satisfied that in
the public interest or to prevent the affairs of any society from being
conducted in a manner detrimental to the interest of its members or depositors
or the society or to secure the proper management of any society generally, it
is necessary, to issue directions to the societies generally or to any society
in particular, it may issue necessary directions, and the societies or as the
case may be the society shall be bound to comply with such directions.
(2) The Registrar may on a representation
made to him or on his own motion modify or cancel any direction issued under
sub-section (1) and in so modifying or cancelling any direction impose such
conditions as he may think fit subject to which the modification or
cancellation shall have effect.
44-E. Special measures.— (1) If it appears to the Registrar that in
the interest of the members of a society or its depositors it is necessary that
the moneys received and other assets of the society, whether held in the name
of that society or any other person, are protected and preserved, the Registrar
or any other person authorised by him, may without prejudice to any other
action or proceedings which may be taken against the society under any law for
the time being in force:
(i) enter and search any premises and seize books of account or other
documents or records;
(ii) take in his custody all moneys, cash, securities, title deeds,
properties, whether movable or immovable, belonging to such society including
those being held on behalf of or in the name of any officer, employee or agent
of the society, beneficiary or transferee of such society or other person or
their dependents.
(iii) direct any bank, financial institution or person to freeze all
moneys deposited with it or him on behalf of the society or of any officer,
employee, agent , beneficiary or transferee of such society;
(iv) take
all necessary steps and measures for identifying assets and property of the
society and for realization, protection and preservation thereof;
(v) restrain
any society or officer, employee, agent, beneficiary or transferee of such
society or any person deriving or claiming title through any of them from
alienating, transferring, selling, assigning, disposing of or parting with
possession of any property, movable or immovable, or deriving any benefit, rent
or income therefrom;
(vi) make
such order for realization, protection and preservation of deposits of money
and other assets and property of the society as he may deem fit.
(2) The order passed under sub-section (1)
may at any time be withdrawn and shall not remain in force for more than one
year.]
45. Costs of inquiry.— Where an inquiry is held under section 43 or
an inspection is made under section 44 the Registrar may apportion the costs,
or such part of the costs, as he may think right, between the society, the
members or creditors demanding the inquiry or inspection, the officers or
former officers, and the members or past members of the society. [78][78][Costs may also be awarded by the Registrar
to the financing bank in the case of inspection under section 44-A of the books
of any society other than an Agricultural Credit Society the liability of which
is unlimited]:
Provided
that—
(a) no
order of apportionment [79][79][or award] of the costs shall be made under
this section unless the society or persons liable to pay the costs thereunder
has or have been heard or has or have had a reasonable opportunity of being
heard;
(b) the
Registrar shall state in writing under his own hand the grounds on which the
costs are apportioned [80][80][or awarded].
[81][81][Explanation—For
the purposes of this section an Agricultural Credit Society means a resource
society of which the primary object is the creation of funds to be lent to its
members and of which a majority of the members are agriculturists and of which
no member is a registered society and the liability of which is unlimited.]
46. Recovery of costs.— Any sum awarded by way of costs under
section 45 may be recovered, on application by the Registrar to a Magistrate
having jurisdiction in the place where the person from whom the money is
claimable actually and voluntarily resides, or carries on business, by the
distress and sale of any movable property within the limits of the jurisdiction
of such Magistrate belonging to such person, and such Magistrate shall proceed
to recover the same in the same manner as if it were a fine imposed by himself.
LIQUIDATION
AND ARBITRATION]
47. Winding up.— If the Registrar, after an inquiry has been
held under section 43 or after an inspection has been made under section 44 [83][83][or section 44-A] or on receipt of an
application made by three-fourths of the members of a society present at a
special general meeting, called for the purpose or of his own motion, in the
case of a society that has not commenced working, or has ceased working or
possesses shares or members deposits not exceeding Rs.500, is of opinion that
the society ought to be wound up he may issue an order directing it to be wound
up, and the when necessary, may appoint a liquidator for the purpose and fix
his remuneration.
48. Society may
be wound up if membership is reduced.— Where it is a condition of the registration of a
society that it shall consist of at least ten members who are majors, the
Registrar may by order in writing direct the society to be wound up, if at any
time it is proved to his satisfaction that the membership has been reduced to
less than ten such members.
49. Effect of cancellation of registration.— When the affairs of a society for which a
liquidator has been appointed under section 47 have been wound up, or, where no
liquidator has been appointed, after two months from the date of an order under
section 47, or after confirmation of such order in appeal, the Registrar shall
make an order cancelling the registration of the society, and the society shall
be deemed to be dissolved from the date of such order.
50. Power of a liquidator.— A liquidator appointed under section 47
shall have power with the sanction of the Registrar to do all or any of the
following things:-
(a) pay
any class or classes of creditors in full;
(b) make
any compromise or arrangement with creditors or persons claiming to be
creditors or having or alleging themselves to have any claim, present or
future, whereby the society may be rendered liable;
(c) to
compromise all calls or liabilities to calls and debts, and liabilities capable
of resulting in debts, and all claims, present or future, certain or
contingent, subsisting or supposed to subsist between the society and a
contributory or alleged contributory or other debtor or person apprehending
liability to the society and all questions in any way relating to or affecting
the assets or the winding up of the society on such terms as may be agreed and
take any security for the discharge of any such call, liability, debt, or claim
and give a complete discharge in respect thereof;
(d) from
time to time to determine the contribution to be made or remaining to be made
by the members or past members or by the estates or nominees, heirs or legal
representatives of deceased members or by any officer to the assets of the
society, such contribution including debts due from such members or persons;
(e) to
institute and defend suits and other legal proceedings on behalf of the society
in the name of his office;
(f) to
issue requisitions under section 59 upon the Collector for the recovery as
arrears of land revenue of any sum ordered by him to be recovered as dues from
members, or as a contribution to the assets of the society or to the cost of
liquidation;
(g) to
get disputes referred to arbitration;
(h) to
investigate all claims against the society and subject to the provisions of
this Act as to decide questions of priority arising out of such claims, and to
pay rateably according to the amount of such debts, the surplus if any being
applied in payment of interest [84][84][or return] from the date of liquidation at a
rate to be fixed by the Registrar and not exceeding the contract rate;
(i) to
determine by what persons and in what proportion the cost of the liquidation
shall be borne;
(j) to
give such directions in regard to the collection and distribution of the assets
of the society as may appear to him to be necessary for winding up the affairs
of the society;
(k) to
fix the time or times within which creditors shall prove their debts and claims
or be included for the benefit of any distribution made before those debts or
claims are proved;
(l) to
carry on the business of the society so far as may be necessary for the
beneficial winding up of the same:
Provided
that no liquidator shall determine the contribution, debt or dues to be
recovered from a past member or the representative of a deceased member unless
opportunity has been given to such past member or to such representative to
answer the claim:
[85][85][Provided further that all debts due to [86][86][Government] shall have priority over all
debts which are not secured by a mortgage, charge or lien on the property of
the society or any part thereof but nothing herein contained shall affect the
provisions of sections 137 and 138 of the [87][87][Sind] Land Revenue Code, 1879[88][88] [89][89][, or any other law relating to land revenue
in force in the area].
50-A. Power of Registrar to assess damage against
delinquent promoters, etc.—
(1) Where in the course of the winding up of a society it appears that any
person who has taken part in the organization or management of the society or
any past or present chairman, secretary, member of the managing committee or
officer of the society has misapplied or retained or become liable or
accountable for any money or property of the society or has been guilty of
misfeasance or breach of trust in relation to the society [90][90][or, where the society is acting under
sub-section (4) of section 34 as agent of the financing bank, has made any
payment contrary to the instructions of the financing bank] the Registrar may,
on the application of the liquidator or of any creditor or contributory,
examine into the conduct of such person and make an order requiring him to
repay or restore the money or property or any part thereof respectively with
interest [91][91][or return] at such rate as the Registrar
thinks just or to contribute such sum to the assets of the society [92][92][or of the financing bank] by way of
compensation in regard to the misapplication, retainer, misfeasance or breach
of trust as the Registrar thinks just.
(2) This section shall apply notwithstanding that
the act is one for which the offender may be criminally responsible.
51. Bar of suit in winding up and dissolution
matters.— Save in so far as
is expressly provided in this Act no civil court shall take cognizance of any
matter [93][93][arising out of any proceedings under Chapter
VIII-A or] connected with the winding up or dissolution of a society under this
Act and when a winding up order has been made no suit or other legal proceeding
shall lie or be proceeded with against the society except by leave of the
Registrar and subject to such terms as he may impose.
52. Disposal of surplus assets.— After all the liabilities including the
paid-up share capital of a cancelled society have been met, the surplus assets
shall not be divided amongst its members but they shall be devoted to any
object or objects described in the by-laws of the society and when no object is
so described to any object of public utility determined by the general meeting of
the society and approved by the Registrar or they may in consultation with them
either be assigned by the Registrar in whole or in part to any or all of the
following:-
(a) an
object of public utility of local or communal interest,
(c) the
[95][95][[96][96][* * *] Provincial Co-operative Institute],
or may be placed on deposit with [97][97][the Provincial Co-operative Bank] until such
time as a new society with similar conditions is registered when with the
consent of the registrar such surplus may be credited to the reserve fund of
such new society.
53. Surplus assets of housing society.— Where the society directed to be wound up is
a housing society, its assets, both movable and immovable, shall for the
purposes of winding up or dissolution of the society jointly vest, subject to
all rights and equities, in three persons of whom one shall be nominated by the
Registrar, one shall be nominated by the said society in a general meeting
specifically called for the purpose and one shall be nominated by the [98][98][[99][99][* * *] Provincial Co-operative Institute].
Such persons shall, for the purpose of winding up or dissolution of the society
be Joint Liquidators and shall have all the powers of a liquidator under this
Act. They may, with the sanction of the Registrar, continue the working of the
society, or may, subject to his sanction and in consultation with the members
of the society in a general meeting, reconstruct the society or may sell off
the premises of the society to the best advantage of all interests concerned,
and when all the liabilities of the society are met, may dispose of the surplus
assets of the society, if any, as provided in section 52.
54. Arbitration.— [100][100][If any dispute touching the business of a
society (other than a dispute regarding disciplinary action taken by the
society or its committee against a paid servant of the society) arises—
(a) between
members or past members of the society or persons claiming through a member or
past member, or
(b) between
members or past members or persons so claiming and any past or present officer,
agent or servant of the society, or
(c) between
the society or its committee, and any past or present member of the society, or
(d) between
the society or its committee, and any past or present officer, agent or servant
of the society, or a surety of such officer, agent or servant, whether such
surety is or is not a member of the society, [101][101][or].
[102][102][(e) between
a financing bank authorised under sub-section (1) of section 34 and a person
who is not a member of a society],
it shall be referred to the Registrar for
decision by himself or his nominee, or if either of the parties so desires, to
arbitration of three arbitrators who shall be the Registrar or his nominee and
two persons of whom one shall be nominated by each of the parties concerned.]
A
dispute shall include [103][103][the question whether a person is or was a
member of a society and also] claims by a society for debts or demands due to
it from [104][104][a member, past member or non-member] or the
heirs or assets of a past member [105][105][or non-member] whether such debts or demands
be admitted or not:
Provided
that if the question at issue between a society and a claimant, or between
different claimants, is one involving complicated questions of law and fact,
the Registrar may, if he thinks fit, suspend proceeding, in the matter until
the question has been tried by a regular suit instituted by one of the parties
or by the society. If no such suit is instituted within six months of the
Registrar’s order suspending proceedings, the Registrar shall take action as
laid down in paragraph 1 of this section.
[106][106][54-A. Registrar’s power to set aside the award
and order the dispute to be referred back to arbitration.— [107][107][(1) In the case of any award made by the
arbitrators under section 54, the Registrar, if he is not one of such
arbitrators, may of his own motion or on the application of any of the parties
to the award, by an order in writing recording reasons therefore,—
(a) modify or correct the award (i) where it appears that a part of
the award is upon a matter not referred to arbitration and such part can be
separated from the other part and does not affect the decision on the matter
referred; or (ii) Where the award is imperfect in form or contains any obvious
error which can be amended without affecting such decision; or (iii) where the
award contains a clerical mistake or an error arising from an accidental slip
or omission; or
(b) remit the award or any matter referred to arbitration to the
arbitrators for reconsideration—
(i) where the award has left undetermined any of
the matters referred to arbitration or where it determines any matter not
referred to arbitration and such matter cannot be separated without affecting
the determination of the matters referred, or
(ii) where the award is so indefinite as to be
incapable of execution, or
(c) set aside the award and order that the dispute shall be referred
to arbitration in the manner provided in the said section:
Provided
that no order referred to in clauses (a) to (c) shall be made after the issue
of a certificate under section 59 for the execution of the award:
Provided
further that no order under clause (c) shall be made unless the Registrar is of
opinion that—
(i) an
objection to the legality of the award is apparent on the face of it, or
(ii) the
award has been vitiated in consequence of corruption or misconduct on the part
of the arbitrators, or
(iii) the
award is in any way perverse.]
(2) In making an order under [108][108][clause (c)of] sub-section (1), the Registrar
may direct that all or any of the arbitrators who made the award shall not act
again as arbitrators for deciding the dispute.
(3) Where a dispute is referred back to
arbitration under [109][109][clause (c) of] sub-section (1), the
arbitrators shall make a fresh award within such time as may be fixed by the
Registrar. If the arbitrators fail to make a fresh award within the time so
fixed, the Registrar or his nominee shall decide the dispute.]
55. Attachment before award.— Where a dispute has been referred to the
Registrar under section 54 or to arbitration under clause (g) of section 50,
the Registrar or his nominee or the arbitrators, as the case may be, if
satisfied on inquiry or otherwise , that a party to such arbitration with
intent to delay or obstruct the execution of any award that may be made,—
(a) is about to dispose of the whole or any part of his property, or
(b) is
about to remove the whole or any part of his property from the jurisdiction of
the Registrar,
may unless adequate security is furnished
direct the conditional attachment of the said property; and such attachment
shall have the same effect as if made by a competent Civil Court.
56. Appeal against award of arbitrator.— Any party aggrieved by any decision of the
Registrar’s nominee made under section 54 [110][110][or sub-section (3) of section 54-A] or an
order passed under section 55 by the Registrar’s nominee or arbitrators may
within one month of the date of the award or order appeal to the Registrar and
the Registrar shall decide the appeal [111][111][* * *].
[112][112][57. Finality of awards in certain orders.— The award of arbitrators or a decision by
the Registrar or his nominee under section 54 or section 54-A or an order
passed in appeal by the Registrar under section 56 shall, subject to the
provisions of sections 64 and 64-A, be final and conclusive and shall not be
liable to be called in question in any civil or revenue court.]
58. Powers to enforce attendance.— Wherever in this Act it is provided that the
Registrar or person duly authorized by general or special order in writing by
the Registrar in this behalf shall hold an inquiry under section 43 or shall
make an inspection under section 44 or shall wind up a society or shall
arbitrate, such Registrar, or person authorized, as the case may be, shall have
the power to summon and enforce the attendance of witnesses including the
parties interested or any of them and to compel them to give evidence, and to
compel the production of documents by the same means and as far as possible in
the same manner as is provided in the case of a civil court by the Code of
Civil Procedure, 1908[113][113].
59. Money how
recovered.— (1) [114][114][Every order passed by a liquidator under section
50, or by the Registrar under section 50-A, or by the Registrar or his nominee
or arbitrators on disputes referred to him or them under clause (g) of section
50 or under section 54 or under sub-section (3) of section 54-A, every order
passed in appeal , under section 56, every order passed by the Provincial
Government in appeal against orders under sections 50, 50-A, 54 or sub-section
(3) of section 54-A and every order passed under section 64-A shall, if not carried
out, [115][115][* * *]:
[116][116][(a) on
a certificate signed by the Registrar or a liquidator, be deemed to be a decree
of a Civil Court and shall be executed in the same manner as a decree of such
court; or]
(b) [117][117][be executed] according to the law and under
the rules for the time being in force for the recovery of arrears of land
revenue, provided that any application for the recovery in such manner of any
such sum shall be made to the Collector and shall be accompanied by a
certificate signed by the Registrar or by an Assistant Registrar to whom the
said power has been delegated by the Registrar.
[118][118][(2) Powers of Registrar to recover certain sums
by attachment and sale of property.— The Registrar or any person
subordinate to him empowered by the Registrar in this behalf may, subject to
such rules as may be prescribed by the Provincial Government and without
prejudice to any other mode of recovery provided by or under this Act, recover
by exercising powers of the Collector under the [119][119][Sind] Land Revenue Code, 1879[120][120], [121][121][or the relevant provisions of any other law
relating to land revenue in force in the area], and the Rules thereunder—
(a) any amount due under a decree or order of a Civil Court, a
decision or an award of the Registrar, obtained by a registered society
including a financing bank or liquidator; or
(b) any sum awarded by way of costs under sections 44-B and 45; or
(c) damages assessed in sections 22-A and 50-A; or
(d) penalty provided for in sections 61 and 62; or
(e) sums due to [122][122][Government] under section 65, together with
the interest, [123][123][or return], if any, due on such amount or
sum and the cost of process, by the attachment and sale or by the sale without
attachment of property of the person against whom such decree, decision, award
or order has been obtained or passed.
(3) Registrar
or person empowered by him to be a Civil Court for certain purposes.— The
Registrar or any person empowered by him in that behalf shall be deemed when
exercising any powers under this Act for the recovery of any amount by the
attachment and sale or by the sale without attachment of any property, or when
passing any orders on any application made to him for such recovery or to take
some step-in-aid of such recovery to be a Civil Court for the purposes of
Article 182 of the First Schedule to the Limitation Act, 1908[124][124].]
[125][125][59-A. Transfer of property which cannot be sold.— (1) When in execution of an order sought to
be executed under section 59, any property cannot be sold for want of buyers,
if such property is in the occupancy of the defaulter or of some person on his
behalf or of some person claiming under a title created by the defaulter
subsequently to the issue of the certificate of the Registrar, Liquidator or Assistant
Registrar under clause (a) or (b) of sub-section (1), the Court or the
Collector, as the case may be may, with the previous consent of the Registrar,
direct that the said property or any portion thereof shall be transferred to
the society which has applied for the execution of the said order and that the
said property or the portion shall be delivered to the society in the
prescribed manner.
(2) Subject to such rules as may be made in this
behalf and to any right, encumbrances, charges or equities lawfully subsisting
in favour of any other person, such property or portion thereof shall be held
by the said society on such terms and conditions as may be agreed upon between
the Court or the Collector, as the case may be, and the said society:
Provided
that any private transfer or delivery of or encumbrance or charge on the
property made or created after the issue of the certificate of the Registrar ,
Liquidator or Assistant Registrar, as the case may be, under section 59 shall
be null and void as against the said society].
DISTRAINT
59-B. Definitions.— In this Chapter, unless there is anything
repugnant in the subject or context—
(a) “Collector”
includes an officer appointed by the Provincial Government to discharge any of
the functions of the Collector under this Chapter;
(b) “defaulter”
means a person (including his legal representatives if he is dead) from whom
any such debt or outstanding demand as is referred to in section 59-C is
recoverable;
(c) words
and expressions used herein and not hereinbefore defined shall have the
meanings respectively assigned to them by the [127][127][Sind] Land Revenue Code, 1879[128][128] [129][129][or any other law relating to land revenue in
force in the area].
59-C. Cases in which application for distraint may
be made.— Where any debt or
outstanding demand is due to a society from any member or past member or is due
to a society which is authorised by the Registrar under sub-section (1) of
section 34 to make loan to non-members, from any person who is not a member of
a society, the society may , in addition to any other remedy to which it is
entitled by law, present an application to the Registrar requesting him to
recover the debt or outstanding demand by distraining, while in the possession
of the defaulter any crop or other produce belonging to him, whether the same
is growing or is ungathered or has been reaped or gathered.
59-D. Form of application.— (1) Every application under the last
foregoing section shall specify—
(a) particulars
of the land on which the crop or produce is or has been grown;
(b) the
name of the defaulter;
(c) a
detailed account of the debts and outstanding demands due to the society;
(d) the
nature and approximate value of the crop or produce to be distrained;
(e) if
the crop of produce is growing or is ungathered, the time at which it is likely
to be fit to be reaped or gathered; and
(f) if
the crop or produce has been reaped or gathered, the place where it is kept or
such other particulars as may suffice for its identification.
(2) The application shall be signed and verified
in the manner prescribed by the Code of Civil Procedure, 1908, for the signing
and verification of plaints.
59-E. Procedure on receipt of application.— (1) A society shall at the time of making an
application under section 59-C, file before the Registrar such documentary
evidence, if any, as it may consider necessary for the purpose of proving the
statements made in the application.
(2) The Registrar may, after taking such evidence
as he thinks fit, admit the application or reject it:
Provided
that the person against whom the application is made shall be given a
reasonable opportunity of being heard.
(3) Where the Registrar does not at once admit or
reject the application, he may make an order prohibiting removal of the crop or
other produce specified in the application, pending a final decision on the
application.
(4) Where an order for distraining any crop or
produce is made under this section a considerable time before the crop or
produce is likely to be fit to be reaped or gathered, the Registrar may suspend
the execution of the order for such time as he thinks fit and may make a
further order prohibiting the removal of such crop or produce pending the
execution of the order of distraint.
(5) An order under sub-section (3) or sub-section
(4) shall be served and published in such manner as may be prescribed by rules.
(6) Any person who shall disobey any order made
under sub-section (4) prohibiting the removal of any crop or produce pending
the execution of the order of distraint , after the same has been published or
served upon him, or who shall, within the meaning of the [130][130][Pakistan] Penal Code, abet the disobedience
of any such order, shall be liable, on conviction after a summary enquiry by the
Collector, to a fine not exceeding double the amount due to the society for the
recovery of which it is proposed to make the distraint. Such fine shall be
recovered as an arrear of land revenue.
59-F. Execution of order for distraint.— (1) If the application is admitted under the
last foregoing section and an order for distraining any crop or produce is
made, the Registrar shall send to the Collector for execution a copy of the
order together with such particulars as may be prescribed by rules.
(2) Upon receipt of a copy of the order referred
to in sub-section (1) the Collector shall depute an officer to distrain the
crop or produce specified therein or such portion thereof as the Collector
thinks fit and the officer so deputed shall at once proceed to the place where
the crop or produce is or is kept, and distrain the same by taking charge of it
himself or by placing it in the charge of some other person appointed by him in
this behalf. The distraining officer shall publish a notification of the
distraint in the manner prescribed by rules.
(3) Any crop or produce which from its nature
does not admit of being stored shall not be distrained at any time less than
twenty days before the time at which it is likely to be fit to be reaped or
gathered.
59-G. Service of notice of demand and the grounds
of distraint.— (1) The
distraining officer shall, at the time of making the distraint serve on the
defaulter—
(a) a
notice of demand for the amount due and the costs incurred in making the
distraint (herein after called the demand amount); and
(b) a
statement of the grounds on which the distraint is made.
(2) The notice of demand and the statement shall
be served in such manner as may be prescribed by rules.
59.H. Right to reap, etc., produce.— (1) Subject to such conditions as the
Collector may impose in this behalf either in the order of distraint or in any
subsequent order, the defaulter may tend, reap, gather or store the crop or
produce and do any other act necessary for maturing or preserving it; and if
the defaulter fails to do all or any of such acts, the distraining officer may
appoint a person to do all or any of them, and the costs incurred by the
distraining officer for this purpose shall be recoverable from the defaulter as
if they were included in the costs of distraint.
(2) The crop or produce reaped or gathered by
defaulter shall remain in charge of the distraining officer or some other
person appointed by him in this behalf.
59.I. Sale proclamation to be issued unless demand
is satisfied.— (1) Unless
the demand amount is immediately paid, the distraining officer shall issue a
proclamation in [131][131][the
local language of the area] of the intended sale specifying the particulars of
the property distrained and the demand amount for which it is distrained and
shall further notify that he will, at a place and on a day specified, not being
less than three or more than seven days from the date of the distraint, sell
the distrained property by public auction:
Provided
that when the crop or other produce distrained is capable of being stored but
has not been stored, the day of the sale shall be so fixed as to allow of its
being stored before the sale.
(2) Such proclamation shall be made by beat of
drum in the village in which the distrained property was seized and a copy of
the proclamation shall be affixed in some public place in the village and in
the Mukhtiarkar’s office.
59.J. Place of sale.— The sale shall be held—
(a) in
the case of a growing crop on or near the land on which such crop has been
grown, or
(b) if
the crop or produce has been reaped or gathered, at or near the place where it
is kept:
Provided
that the distraining officer may direct the sale to be held at the nearest
place of public resort, if he is of opinion that the crop or produce is thereby
likely to sell to greater advantage.
59.K. Provisions relating to growing crops.— (1) Where the crop is growing one and from
its nature admits of being stored, the sale shall not be held until the crop is
reaped or gathered and is ready for storing.
(2) Where the crop from its nature does not admit
of being stored, it may be sold before it is reaped or gathered, and the
purchaser shall be entitled to enter on the land by himself or by any other
person appointed by him in this behalf and to do all acts necessary for the
purpose of tending, reaping or gathering the crop.
59.L. Manner of sale.— The distrained property shall be sold by
public auction in one or more lots as the officer holding the sale may
determine; and if the demand amount is realised by the sale of a portion of the
property, the order of distraint shall not be executed with respect to the
remainder.
59.M. Postponement of sale.— If, on the distrained property being put up
for sale, a fair price, in the opinion of the officer holding the sale, is not
offered for it, and if the owner of the property or a person authorised to act
on his behalf applies to have the sale postponed to the next day, the sale
shall be postponed until that date and shall then be completed whatever may be
the price offered for the property.
59.N. Payment of purchase money.— (1) The price of each lot shall be paid at
the time of sale or as soon thereafter as the officer holding the sale directs,
and in default of such payment the property shall forthwith be resold.
(2) Any deficiency of price which may happen
on a resale by reason of the purchaser’s default, and all expenses attending
such resale, shall be certified to the Collector by the officer holding the
sale, and shall, at the instance of the society or the defaulter, be
recoverable from the defaulting purchaser as if they were an arrear of land
revenue.
59.O. Certificate be given to the purchaser.— When the purchase money has been paid in
full the officer holding the sale shall grant a receipt for the same and the
sale shall become absolute as against all persons whomsoever.
59.P. Proceeds of sale how to be applied.— (1) When any property is sold under this
Chapter the proceeds of the sale shall be applied to defraying the costs of
distraint and sale and to the payment of the amount for which the distraint was
made and the surplus, if any, shall be paid to the person whose property has
been sold.
(2) The costs of distraint and sale shall be
estimated at such rates as may, from time to time, be sanctioned by [132][132][Commissioner].
59.Q. Certain persons may not purchase.— No officer or other person having any duty
to perform in connection with any distraint or sale made under this Chapter and
no officer or servant of any society shall, either directly or indirectly, acquire
or attempt to acquire any interest in the property sold.
59.R. Procedure where demand is paid before the
sale.— (1) If at any time
after a distraint has been made under this Chapter and before the sale of the
distrained property, the defaulter or any other person deposits with the
Collector or with the distraining officer the demand amount together with such
costs as may have been incurred after the service of the notice of demand, the
order of distraint shall not be executed.
(2) When the distraining officer receives the
deposit, he shall forthwith remit it to the Collector.
(3) After the expiration of one month from the
date on which the deposit is made under sub-section (1), the Collector shall
pay to the society which applied for distraint the amount due to it;
Provided
that, if before the expiry of the said period the Collector receives notice of
any suit in which the legality of the distraint order is questioned or
compensation is claimed for illegal distraint, he shall withhold payment to the
society and shall deal with the money in accordance with such decree [133][133][or] order as may be passed in the suit.
59.S. Distraint of property which is under
attachment.— Where an order
of distraint issued under this Chapter and an order made by a Civil Court for
attachment or sale relate to the same property, the order of distraint shall
prevail; but if the property is sold under the order of distraint the surplus
proceeds of the sale shall not be paid under section 59-P to the owner of the
property without the sanction of the court by which the order of attachment or
sale was made.
59-T. Suit for compensation for wrongful distraint
and appeals.— No appeal
shall lie against an order made by the Registrar or the Collector under this
Chapter; but a person whose property is distrained on an application made under
section 59-C may institute a suit against the applicant for recovery of
compensation if such an application is not competent under that section.
59.U. Savings.— Nothing contained in this Chapter shall affect the operation of the
provisions of Chapter XI of the [134][134][Sind] Land Revenue Code, 1879, [135][135][or the relevant provisions of any other law
relating to land revenue in force in the area,] in so far as they give priority
to claims of the Provincial Government to any moneys recoverable under the
provisions of that Chapter over any other debt, demand or claim.]
OFFENCES]
60. Offences.— It shall be an offence under this Act if—
(a) Default by a society, officer or member—
a society with a working capital of Rs.50,000 or more or an officer or member
thereof fails without any reasonable excuse to give any notice, send any return
or document, do or allow to be done anything which the society , officer or
member is by this Act [137][137][or rules made thereunder] required to give,
send, do or allow to be done; or
(b) Wilful neglect or default by a society,
etc.— a society or an officer or a member thereof wilfully neglects or
refuses to do any act or to furnish any information required for the purposes
of this Act [138][138][or rules made thereunder] by the Registrar
or other person duly authorised by him in writing in this behalf; or
(c) Wilful furnishing of false information—
a society or an officer or member thereof wilfully makes a false return or
furnishes false information; or
(d) Disobedience of summons, requisition, or
order— any person wilfully or without any reasonable excuse disobeys any
summons, requisition or lawful written order issued under the provisions of
this Act [139][139][or rules made thereunder ] or does not
furnish any information lawfully required from him by a person authorized to do
so under the provisions of this Act [140][140][or rules made thereunder].
61. Penalty for offences not otherwise provided
for.— Every society, officer
or member of a society or other person guilty of an offence under this Act for
which no penalty is expressly provided herein shall be liable to a fine not
exceeding [141][141][one thousand rupees].
62. Prohibition of the use of the word
“co-operative”.— (1) No
person other than a registered society shall without the sanction of [142][142][the Provincial Government], trade or carry
on business under any name or title of which the word “co-operative” or its
vernacular equivalent forms 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 traded or carried on
business at the date on which this Act comes into operation.
(2) Whoever contravenes the provisions of this
section shall be punishable with fine which may extend to fifty rupees and in
the case of a continuing offence with further fine of five rupees for each day
on which the offence is continued after conviction therefor.
[143][143][62.A. Penalty.— (1) Whoever contravenes the provisions of sub-section (3) of section
44-C or any direction given by the Registrar under section 44-D shall be guilty
of an offence punishable with imprisonment of either description for a term
which may extend to six months or with fine or with both.
(2) Whoever contravenes an order passed under
section 44-E shall be guilty of an offence which shall be punished with
imprisonment for a term which may extend to three years but which shall not be
less than six months and shall also be liable to be punished with fine].
[144][144][63. Cognizance of offences.— No court shall take cognizance of any
offence punishable under this Act except on a complaint in writing made by the
Registrar or by a person duly authorised, for the purpose, by him:
Provided
that cognizance of an offence under sub-section (2) of section 62-A may be
taken even otherwise than on such complaint.]
APPEALS
AND REVISIONS]
64. Appeal.— An appeal against an
order or decision of or sanctioned by the Registrar under Section 10, 16, 45,
47, 50, 50-A, [146][146][54 or sub-section (3) of section 54-A] may be
made by any party aggrieved or affected by the order or decision to [147][147][the Provincial Government] within two months of
the date of the communication of the order.
64.A. Power of
Provincial Government and the Registrar to call for proceedings of subordinate
officers and to pass orders thereon.— [148][148][The Provincial Government] and the Registrar may
call for and examine the record of any inquiry or the proceedings of any officer
subordinate to them for the purpose of satisfying themselves as to the legality
or propriety of any decision or order passed and as to the regularity of the
proceedings of such officer. If in any case, it shall appear to [149][149][the Provincial Government] or the Registrar that
any decision or order or proceedings so called for should be modified, annulled
or reversed, [150][150][the Provincial Government] or the Registrar, as
the case may be, may pass such order thereon as to it or him may seem fit.
[151][151][64.AA. Finality of orders of Provincial Government.— An order passed in appeal under section 64
or in revision under section 64-A by the Provincial Government shall be final
and conclusive and shall not be liable to be called in question in any civil or
revenue court.]
MISCELLANEOUS]
65. Recovery of sums due to Government.— (1) All sums due from a society or from an
officer or member or past member of a society as such to [153][153][Government], may be recovered according to
the law and under the rules for the time being in force for the recovery of
arrears of land revenue.
(2) Sums due from a society to [154][154][Government] and recoverable under
sub-section (1) may be recovered, firstly from the property of the society;
secondly, in the case of a society of which the liability of the members is
limited, from the members or past members subject to the limit of their
liability; and, thirdly, in the case of other societies, from the members or
past members.
(3) The liability of past members shall in all
cases by subject to the provisions of section 28.
[155][155][65.A. (1)
A member of a society may execute an agreement in favour of the society
providing that his employer shall be competent to deduct every month from the
salary or wages payable to him by the employer such amount not exceeding the
amount prescribed by rules, as may be specified in the application and pay the
amount so deducted to the society in satisfaction of any debt or other demand
owing by the member to the society.
(2) On the execution of such agreement the
employer shall, if so required by the society and so long as such debt or
demand or any part of it remains unpaid, make the deduction in accordance with
the agreement and pay the amount so deducted to the society.
(3) The provisions of this section shall also
apply to all such agreements of the nature referred to in sub-section (1) as
were in force on the date of the commencement of the [156][156][Sind] Co-operative Societies [157][157][* * *] (Second Amendment) Act , 1940, but
nothing herein contained shall be deemed to authorise the deduction, under any
such agreement, of any amount in excess of that prescribed by the rules.
[158][158][(4) Nothing
contained in this section shall apply to persons employed in mines of nuclear
fuels, mineral oils and natural gas.]
[159][159][65.B. Officers of societies to be public
servants.— Every officer of a society, including a Co-operative bank, shall be
deemed to be a public servant within the meaning of section 21 of the Pakistan
Penal Code[160][160]]
66. Power to
exempt societies from conditions as to registration.— Notwithstanding
anything contained in this Act, [161][161][the Provincial Government] may, by special order
in each case and subject to such conditions, if any, as it may impose, exempt
any society from any of the requirements of this Act as to registration.
67. Powers to exempt societies from provisions
of Act.— [162][162][The Provincial Government] may, by general
or special order to be published in the [163][163][Official Gazette], exempt any society or
class of societies from any of the provisions of this Act, or may direct that
such provisions shall apply to such society or class of societies with such
modifications 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.
68. Companies Act not to apply.— The provisions of the [164][164][* * *] Companies Act of 1913[165][165], shall not apply to societies registered
under this Act.
69. Branches, etc., of societies outside the
province.— Every
co-operative society registered outside the [166][166][Province of West Pakistan], which has or
establishes a branch or place of business in the [167][167][Province of West Pakistan] 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
by-laws and amendments and, if these are not written in the English language, a
certified translation in English thereof, and shall submit to the Registrar
such returns and information as are submitted by similar societies in the [168][168][Province of West Pakistan] in addition to
those submitted to the Registrar of the province where it is registered.
70. Notice necessary in suits.— No suit shall be instituted against a
society or any of its officers in respect of any Act 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.
[169][169][70.A. Bar of Jurisdiction.— (1) Notwithstanding
anything provided in any other law for the time being in force, but save as
expressly provided in this Act—
(a) no Court or other authority whatsoever shall have jurisdiction to
entertain, or to adjudicate upon, any matter which the Provincial Government,
the Registrar or his nominee, any arbitrator or liquidator, a society, a
financing bank, a Co-operative bank or any other person is empowered by or
under this Act, or the rules or by-laws framed thereunder, to dispose of or to
determine;
(b) the validity of anything done or an order passed by the Provincial
Government, a society, a financing bank, a Co-operative bank, the Registrar or
any other person referred to in clause (a),
under this Act or the rules and by-laws framed thereunder, shall not be called
in question in any manner whatever before or by any Court or other authority
whatsoever; and
(c) no Court or other authority whatsoever shall be competent to grant
any injunction or pass any other order in relation to any proceedings under
this Act or any rules or by-laws framed thereunder before the Provincial
Government, a society, a financing bank, a Co-operative bank, the Registrar or
any other person referred to in clause (a).
(2) The provisions of
sub-section (1) shall be applicable to proceedings, appeals and revisions
pending adjudication or disposal before or in any Court or other authority
whatsoever on the date that the Co-operative Societies (Amendment) Ordinance,
1966, comes into force, and any order passed in such proceedings, whether
before or after the coming into force of the said Ordinance, in regard to
matters referred to in sub-section (1), shall stand vacated and be without any
force.]
71. Rules.— (1) [170][170][The Provincial Government] may, for the
whole or any part of the [171][171][Province] and for any society or class of
societies, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the
generality of the foregoing power such rules may—
(a) subject to the provisions of section 6, prescribe the maximum
number of shares or portion of the capital of a society which may be held by a
member;
(b) prescribe the forms to be used and the conditions to be complied
with in the making of applications for the registration of a society and the procedure
in the matter of such applications;
(c) prescribe the matters in respect of which a society may or shall
make by-laws and the procedure to be followed in making, altering and
abrogating by-laws and the conditions to be satisfied prior to such making,
alteration or abrogation;
(d) prescribe the conditions to be complied with by persons applying
for admission or admitted as members and provide for the election and admission
of members and the payment to be made and the interests to be acquired before
the exercise of the right of membership;
(e) provide for ascertaining the value of a deceased member’s share or
interest;
(f) provide for general meetings of the members and for the procedure
at such meetings and the powers to be exercised by such meetings;
(g) provide for the appointment, suspension and removal of the members
of the committee and other officers and for the procedure at meetings of the
committee and for the powers to be exercised and the duties to be performed by
the committee and other officers;
[172][172][(ga)] provide,
where all the members of the committee have been suspended or removed, for the
appointment of a person to administer the affairs of the society and for the
powers to be exercised and the duties to be performed by such person;
(h) prescribe the accounts and the books to be kept by a society and
provide for the audit of such accounts, and the charges, if any, to be made for
such audit, and for the periodical publication of a balance sheet showing the
assets and liabilities of a society;
(i) prescribe the returns to be submitted by a society to the
Registrar and provide for the persons by whom and the form in which such
returns shall be submitted;
(j) provide for the persons by whom and the form in which copies of
documents or entries in books of societies may be certified, and for the
charges to be levied for the supply of such copies;
(k) provide for the formation and maintenance of a register of
members, and where the liability of the members is limited by shares, of a register
of shares;
(l) prescribe the payments to be made and the conditions to be
complied with by members applying for loans, and the period for which loans may
be made, and the amount which may be lent to an individual member;
[173][173][(m) prescribe
the conditions, prohibitions and restrictions subject to which a society may—
(i) transact business with persons who are not
members; or
(ii) make loans against the security of movable
property;]
(n) provide for the formation and maintenance of reserve funds, and
the objects to which such funds may be applied, and for the investment of any
funds under the control of a society;
(o) prescribe the extent to which a society may limit the number of
its members;
(p) prescribe the conditions under which profits may
be distributed to the members of a society and the maximum rate of dividend
which may be paid by societies;
(q) Prescribe the procedure to be followed in presenting and disposing
of appeals;
(r) provide for securing that the share capital
of any society shall be variable in such a way as may be necessary to secure
that shares shall not appreciate in value and that necessary capital shall be
available for the society as required;
(s) Provide that persons qualified under the by-laws of a society
shall not be excluded from membership without due cause;
(t) prescribe the procedure to be followed by a liquidator appointed
under section 47;
(u) prescribe the mode of appointing an
arbitrator or arbitrators and the procedure to be followed in proceedings before
the Registrar or such arbitrator or arbitrators and for fixing and levying the
expenses of determining the dispute;
(v) provide for the issue and service of processes and for proof of
service thereof;
(w) provide for the writing off of bad debts;
(x) regulate the manner in which funds may be
raised by means of shares or debentures [174][174][,participation term certificates, term finance
certificates, musharika certificates, modaraba certificates, and such other
instruments as may be approved by the State Bank of Pakistan], or otherwise;
(y) provide for the withdrawal and expulsion of members and for the
payments to be made to them and for the liabilities of past members;
(z) provide for the nomination of a person to whom the interest of a
deceased member may be paid or transferred;
(aa) prescribe the cases in which an appeal shall lie from the order of
a liquidator appointed under section 47;
(bb) provide for the inspection of documents in the Registrar’s office
and the levy of fees for granting certified copies of the same;
(cc) prescribe the procedure to be followed for the custody of property
attached under section 55;
[175][175][(cca) prescribe
the manner in which an order under sub-section (3) or sub-section (4) of
section 59-E or a notice of demand shall be served or published;
(ccb) prescribe the particulars to be supplied to the Collector under
sub-section (1) of section 59-F;
(ccc) prescribe the manner in which a notification of distraint should
be published under sub-section (2) of section 59-F;]
(dd) provide for the payment of contributions at
such rates and subject to such conditions as may from time to time be
prescribed by co-operative societies to any provident fund which may be
established for the benefit of officers and servants employed by them; [176][176][* * *]
(ee) prescribe the period and terms under which Government aid may be
given to co-operative societies and the terms under which [177][177][the
Provincial Government] may guarantee the payment of [178][178][the
principal of and] interest [179][179][or
return] on [180][180][instruments
referred to in clause (x) of this sub-section] issued by registered societies;
[181][181][(ff) prescribing the manner in which any property
shall be delivered to , and the terms and conditions subject to which such property
shall be held by, a society under section 59-A [182][182][;
and]
[183][183][(gg)] Provide
that the contravention of any rule or order issued thereunder shall be
punishable with fine not exceeding rupees fifty.
(3) [184][184][The Provincial Government] may, subject to
such conditions, if any, as it thinks fit, delegate all or any of its powers to
make rules under this section to any authority specified in the order of
delegation.
(4) The power to make rules conferred by this
section is subject to the condition of the rules being made after previous
publication.
(a) the
Co-operative Societies Act, 1912; and
(b) the
Bombay Co-operative Societies Act, 1925[187][187], as applicable to the District of Karachi.
(2) Every society now
existing which has been registered under the Co-operative Societies Act, 1904[188][188], or under the Co-operative Societies Act, 1912[189][189], shall be deemed to be registered under this Act,
and its by-laws shall, so far as the same are not inconsistent with the express
provisions of this Act, continue in force until altered or rescinded.
(3) All rules, regulations, notifications and
orders made or issued under this Act and in force at the time of the
commencement of the Sind Co-operative Societies (West Pakistan Amendment)
Ordinance, 1965[190][190], shall, so far as may be, extend and apply,
until altered, amended or rescinded by competent authority to the areas to
which this Act has been extended by the Sind Co-operative Societies (West
Pakistan Amendment) Ordinance, 1965[191][191]].
[192][192][(4) The
repeal of the Acts specified in sub-section (1) hereinafter referred to as the
repealed Acts, shall not—
(a) revive anything not in force or existing at the time at which the
repeal takes effect; or
(b) affect the previous operation of the repealed Acts or anything
duly done or suffered thereunder; or
(c) affect any right, privilege, obligation or liability acquired,
accrued or incurred under the repealed Acts; or
(d) affect any penalty, forfeiture or punishment
incurred in respect of any offence committed against any repealed Act; or
(e) affect any investigation, legal proceeding or remedy in respect of
any such right, privilege, obligation, liability, penalty, forfeiture, or
punishment as aforesaid, and any such investigation, legal proceeding or remedy
may be instituted, continued, or enforced, and any such penalty or forfeiture
or punishment may be imposed as if this Act had not been passed.
(5) Any person who immediately before the coming
into force of the Sind Co-operative Societies (West Pakistan Amendment)
Ordinance, 1965, was appointed as, or was exercising the powers of, a
Registrar, Liquidator, Registrar’s nominee or any other authority, under any
repealed Act, shall be deemed to have been so appointed under this Act, and
shall continue to exercise the powers of the Registrar, Liquidator, Registrar’s
nominee, or other corresponding authority, as the case may be, under this Act,
until such appointment is rescinded by the competent authority under this Act.]
[193][193][72.A. Construction of references to Co-operative
Societies Act, 1912, in enactments.— All references to the Co-operative Societies Act,
1912[194][194], occurring in any enactment made by any authority
in [195][195][Pakistan] and for the time being in force in [196][196][the Province of West Pakistan] shall, in the
application, to the [197][197][said Province], of any such enactment, be read
and construed as references to this Act and anything done or any proceeding
commenced in pursuance of any such enactment on or after the date on which this
Act shall have come into operation shall be deemed to have been done or to have
been commenced and to have had effect as if the reference in such enactment to
the Co-operative Societies Act, 1912[198][198], had been the reference to this Act, and no such
thing or proceeding shall be deemed to have been invalid on the ground that
such enactment did not refer to this Act.]
72.B. [Validity of transfer made under section 59
(2) of Sind VII of 1925]. Repealed by the Sind Laws (Adaptation, Revision,
Repeal and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), section 6,
Schedule II.
73. [Repeal]. Repealed by the Sind Laws (Adaptation, Revision, Repeal
and Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), s.6. Schedule II.
SCHEDULE
Repealed
by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955
(Sind Ordinance V of 1955), section 6. Schedule II.
[1][1]For statement of objects and
reasons, see Bombay Government Gazette 1924, Part V, pp.46, 48; for Report of
Select Committee, see ibid., 1924,
Part V, pp. 108-13 and ibid., 1925,
Part V, pp. 68.70; and for proceedings in Council, see Bombay Legislative
Council Debates, 1924 and 1925, Vols. XII, XIII and XV.
[2][2]Substituted by the Sind
Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965),
section 2, for the word “Sind” which was earlier substituted by the West
Pakistan Laws (Adaptation) Order, 1964, for “the Province of Sind”. The words
“Province of Sind” were previously substituted by the Sind Laws (Adaptation,
Revision, Repeal and Declaration) Ordinance 1955 (Sind Ordinance V of 1955),
for “presidency of Bombay”.
[4][4]Substituted by the Sind Laws
(Adaptation, Revision, Repeal and Declaration) Ordinance 1955 (Sind Ordinance V
of 1955), section 7 Schedule III (with effect from 24th April, 1947), for
“Preliminary”.
[5][5]The word “Sind” which was
earlier substituted for “Bombay” by the Sind Laws (Adaptation, Revision, Repeal
and Declaration) Ordinance 1955 (Sind Ordinance V of 1955), section 3(i),
omitted by W.P. Ordinance VII of 1955, section 3.
[6][6]Substituted by the Sind
Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965),
section 4 for the original section 2 as amended by the Sind Laws (Adaptation,
Revision, Repeal and Declaration) Ordinance 1955 (Sind Ordinance V of 1955) and
the West Pakistan Laws (Adaptation) Order, 1964.
[7][7]First inserted by the Sind
Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI of 1943) and, then
substituted by the Sind Cooperative Societies (Amendment) Act, 1947 (Sind Act
XX of 1947) to read as above.
[10][10]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Bombay
Government Gazette”.
[11][11]Substituted by the Sind Laws
(Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance
V of 1955), section 7, Schedule III (with effect from 24th April, 1947), for
“Registration”.
[12][12]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Govt”.
[13][13]Substituted by the Sind
Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965),
section 5, for the word “Sind” which was earlier substituted by the West
Pakistan Laws (Adaptation) Order, 1964, for “the Province”. The word “Province”
was previously substituted by the Sind Laws (Adaptation, Revision, Repeal and
Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), for “Presidency”.
[15][15]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for “Govt”.
[16][16]Sub-section(2) and
explanation inserted by the Sind Cooperative Societies (Amendment) Act, 1943
(Sind Act XVI of 1943).section 4.
[17][17]Substituted by the Sind Laws
(Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance
V of 1955), section 3(i) (with effect from 30th May, 1951), for “Bombay”.
[19][19]The original sub-section (2)
was re-numbered as sub-section (3) by the Sind Cooperative Societies
(Amendment) Act, 1943 (Sind Act XVI of 1943), section 4.
[20][20]Substituted by the Sind
Cooperative Societies (Amendment) Act, 1947 (Sind Act XX of 1947), section 3,
for the words “whether for the registration or continuance of a society under
this Act.”
[26][26]Substituted by the
Cooperative Societies (Amendment) Act, 1992 (I of 1992), and substituted by the
Cooperative Societies (Amendment) Ordinance 2001 (I of 2002), which will remain
in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999),
Article 4, notwithstanding the maximum limit of three months prescribed under
Article 128 of the Constitution of the Islamic Republic of Pakistan.
[27][27]Substituted by the Sind Laws
(Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance
V of 1955), section 7, Schedule III (with effect from 24th April, 1947), for
“Rights and liabilities of members”.
[29][29]Substituted by the West
Pakistan Laws (Adaptation) Order 1964, section 2(1), Schedule, for the words
“the Crown”.
[30][30]Substituted by the Sind Laws
(Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance
V of 1955), section 3(i) (with effect from 30th May, 1951), for “Bombay”.
[31][31]Added by the Sind
Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965),
section 6.
[33][33]Substituted by the Sind Laws
(Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance
V of 1955), section 7, Schedule III (with effect from 24th April, 1947), for
“Duties of Societies”.
[35][35]Substituted by the Sind Laws
(Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance
V of 1955), section 7, Schedule III (with effect from 24th April, 1947), for
“Privileges of Societies”.
[36][36]Substituted by West Pakistan
Laws (Adaptation) Order, 1964, section 2(1) Schedule, for the words “the Crown”
which were earlier substituted by the Government of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian
Laws) Supplementary Order, 1937, for “Govt”.
[37][37]Inserted by the Sind
Cooperative Societies (Amendment) Act, 1947 (Sind Act XX of 1947), section 4(a).
[40][40]Substituted
by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965
(VII of 1965), section 7, for the words “Receiver under the Provincial
Insolvency Act, 1920, shall not”. These words were earlier substituted by the
Sind Laws(Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind
Ordinance V of 1955), section 7, Schedule III, for “neither the Official
Assignee under the Presidency Town, Insolvency Act, 1920, shall”.
[43][43]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Govt”.
[45][45]The word “Indian” omitted by
the Sind Laws (Adaptation, Revisions, Repeal and Declaration) Ordinance, 1955
(Sind Ordinance V of 1955), section 4 (with effect from 30th May, 1951).
[48][48]Added by
corrigendum published at P.3029. Gazette of Punjab, Extraordinary dated
31-12-1984.
[51][51]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for
“Governor-General in Council”. Now ‘Federal Government’, see P.O. of 1975.
[54][54]Substituted by the Sind
Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965),
section 8(a), for the word “Govt” which was earlier Substituted by the
Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for
“Local Government”.
[55][55]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Bombay
Government Gazette”.
[57][57]The paragraph beginning with
the words “in this sub-section” and ending with the words “the Provincial
Government”, which was earlier inserted by the by the Government of India (Adaptation
of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, omitted by the Sind Co-operative
Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), section 8.
[59][59]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for
“Government”.
[60][60]Substituted by the Sind
Cooperative Societies (Amendment) Act, 1935 (Sind Act XXII of 1935), section 2,
for “interest on debentures issued by them”.
[62][62]Substituted by the Sind Laws
(Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance
V of 1955), section 7, Schedule III (with effect from 24th April, 1947), for
“property and funds of Societies”.
[63][63]Inserted by the Sind
Cooperative Societies (Amendment) Act, 1947 (Sind Act XX of 1947), section 5
(a).
[64][64]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Govt”.
[65][65]Added by the Sind Cooperative
Societies (Amendment) Act, 1947 (Sind Act XX of 1947), section 5(b).
[66][66]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Govt”.
[67][67]The word “Indian” omitted by
the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955
(Sind Ordinance V of 1955), section 4 (with effect from 30th May, 1951).
[69][69]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Govt”.
[71][71]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Govt”.
[72][72]Substituted by the Sind
Cooperative Societies (Third Amendment) Act, 1940 (Sind Act XVI of 1940),
section 2, for “Bombay Central Co-operative Institute”.
[74][74]Substituted by the Sind
Laws(Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind
Ordinance V of 1955), section 7, Schedule III (with effect from 24th April,
1947), for “Inspection of Affairs”.
[75][75]Inserted by the Sind
Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI of 1943), section 9.
[76][76]Inserted by the Sind
Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI of 1943), section 9.
[78][78]Added by the Sind Cooperative
Societies (Amendment) Act, 1943 (Sind Act XVI of 1943), section 10(i).
[82][82]Substituted by the Sind
Laws(Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind
Ordinance V of 1955), section 7, Schedule III (with effect from 24th April,
1947), for “Liquidation and Arbitration”.
[83][83]Inserted by the Sind
Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI of 1943), section 11.
[85][85]Inserted by the Sind
Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI of 1943), section 12.
[86][86]Substituted by the West
Pakistan Laws (Adaptation) Order, 1964, section 2(1) Schedule, for the words,
“the Crown”.
[87][87]Substituted
by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955
(Sind Ordinance V of 1955), section 3(i) (with effect from 30th May, 1951), for
“Bombay”.
[89][89]Added by the Sind
Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965),
section 9.
[90][90]Added by the Sind
Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965),
section 9.
[92][92]Inserted by the Sind
Cooperative Societies (Amendment) Act, 1947 (Sind Act XX of 1947), section 6.
[95][95]Substituted by the Sind
Cooperative Societies (Third Amendment) Act, 1940 (Sind Act XVI of 1940), for
“Bombay Provincial Co-operative Institute”.
[96][96]The word “Sind” omitted by
the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of
1965).
[98][98]Substituted by the Sind
Cooperative Societies (Third Amendment) Act, 1940 (Sind Act XVI of 1940), for
“Bombay” Provincial Co-operative Institute”.
[99][99]The word “Sind” omitted by
the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII
of 1965).
[100][100]Substituted by the Sind
Cooperative Societies (Amendment) ct, 1944 (Sind Act VIII of 1944), section 2,
for the first paragraph.
[101][101]Added by the Sind Cooperative
Societies (Amendment) Act, 1947 (Sind Act XX of 1947), section 5(a).
[103][103]Inserted the Sind Cooperative
Societies (Amendment) Act, 1943 (Sind Act XVI of 1943), section 13 (ii).
[104][104]Substituted by the Sind
Cooperative Societies (Amendment) Act, 1947 (Sind Act XX of 1947), section
8(b)(i), for “a member or past member”.
[106][106]Inserted by the Sind
Cooperative Societies (Amendment) Act, 1938 (Sind Act X of 1938), section 2.
[107][107]Substituted by the Sind
Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI of 1943), section
14(i) for the original sub-section (I).
[108][108]Inserted by the Sind
Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI of 1943), section
14(ii).
[110][110]Inserted by the Sind
Cooperative Societies (Amendment) Act, 1938 (Sind Act X of 1938), section 3.
[111][111]The word “himself” omitted by
the Sind Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI of 1943), section
15.
[114][114]Substituted by the Sind
Cooperative Societies (Amendment) Act, 1940 (Sind Act V of 1940), section 4
read with section 5 (with effect from 4th December, 1925), for the words
beginning with “Every order passed by a liquidator” and ending with “be
executed”.
[115][115]The words “be executed”
deleted by the Sind Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI
of 1943), section 17(i).
[118][118]Sub-sections (2) and (3),
inserted by the Sind Cooperative Societs (Amendment) Act, 1950 (Sind Act XXVI
of 1950), section 2. The original sub-section (2) was repealed by the Sind
Cooperative Societies (Amendment) Act, 1935 (Sind Act XXII of 1935), section 3.
[119][119]Substituted by the Sind Laws
(Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance
V of 1955), section 3(i) (with effect from 30th May, 1951), for “Bombay”.
[121][121]Inserted by the Sind Co-operative
Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965), section 6.
[122][122]Substituted by the West
Pakistan Laws (Adaptation) Order, 1964, section 2(1) Schedule, for the words
“the Crown”.
[125][125]Inserted by the Sind
Cooperative Societies (Amendment) Act, 1935 (Sind Act XXII of 1935), section 3.
[126][126]Chapter VIII-A (section 59-B
to 59-U), inserted by the Sind Cooperative Societies (Amendment) Act, 1947
(Sind Act XX of 1947), section 9.
[127][127]Substituted by the Sind Laws
(Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance
V of 1955), section 3(i) (with effect from 30th May, 1951), for “Bombay”.
[129][129]Added by the Sind
Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965),
section 9.
[130][130]Substituted by the Sind Laws
(Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance
V of 1955), section 4 (with effect from 30th May, 1951), for “Indian”.
[131][131]Substituted by the Sind
Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965),
for the word “Sindhi”.
[132][132]Substituted by the Sind
Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965),
for the words, “Revenue Commissioner”.
[133][133]Substituted by the Sind Laws
(Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind V of
1955), section 7, Schedule III, for “of”.
[134][134]Substituted the Sind Laws
(Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind V of
1955), section 3(i) (with effect from 30th May, 1951), for “Bombay”.
[135][135]Inserted by the Sind
Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965),
section 6.
[136][136]Substituted by the Sind Laws
(Adaptation, Revision, Repeal and Declaration,), Ordinance, 1955 (Sind
Ordinance V of 1955), section 7, Schedule III (with effect from 24th April,
1947), for “Offences”.
[137][137]Inserted by the Sind Cooperative
Societies (Amendment) Act, 1943 (Sind Act XVI of 1943), section 18.
[142][142]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Govt”.
[145][145]Substituted by the Sind Laws
(Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance
V of 1955), section 7, Schedule III (with effect from 24th April, 1947) for
“Appeals and Revision”.
[146][146]Substituted by the Sind
Cooperative Societies (Amendment) Act, 1938 (Sind Act X of 1938), for “or 54”.
[147][147]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “the Govt”.
[151][151]Inserted by the Sind
Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI of 1943), section 20.
[152][152]Substituted by the Sind Laws
(Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance
V of 1955), section 7, Schedule III (with effect from 24th April, 1947), for
“Miscellaneous”.
[153][153]Substituted by the West
Pakistan Laws (Adaptation) Order, 1964, section 2(1) Schedule for the words
“the Crown” which were earlier Substituted by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “Govt”.
[155][155]Section 65.A, inserted by the
Sind Cooperative Societies (Second Amendment) Act, 1940 (Sind Act XXVII of 1940),
section 2.
[156][156]Substituted by the Sind Laws
(Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance
V of 1955), section 3 (i) (with
effect from 30th May, 1951), for “Bombay.”
[158][158]Substituted by the Sind
Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965),
section 13, for the original sub-section (4) as amended the West Pakistan Laws
(Adaptation) Order, 1964.
[159][159]Section 65-B, inserted by the
Co-operative Societies (Second Amendment) Ordinance, 1966 (XVII of 1966),
section 2.
[161][161]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Govt”.
[164][164]The word “Indian” omitted by
the Sind Laws (Adaptation, Revisions, Repeal and Declaration) Ordinance, 1955
(Sind Ordinance V of 1955), section 4 (with effect from 30th May, 1951).
[166][166]Substituted by the Sind
Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965),
section 14, for the words “Province of Sind” which were earlier substituted by
the Sind Laws (Adaptation, Revisions, Repeal and Declaration) Ordinance, 1955
(Sind Ordinance V of 1955), for “Bombay Presidency”.
[170][170]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for
“Government”.
[171][171]Substituted by the Sind Laws
(Adaptation, Revisions, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance
V of 1955), (with effect from 30th May, 1951), for “Presidency”.
[172][172]Clause (gg) which was inserted by the Sind Cooperative Societies
(Amendment) Act, 1943 (Sind Act XVI of 1943), re-numbered as Clause (ga) by the Sind Laws (Adaptation,
Revisions, Repeal and Declaration Ordinance, 1955 (Sind Ordinance V of 1955),
section 7, Schedule III.
[173][173]Substituted by the Sind
Cooperative Societies (Amendment) Act, 1947 (Sind Act XX of 1947), section
20(1).
[175][175]Clauses section (cca), (ccb) and (ccc) inserted
by the Sind Cooperative Societies (Amendment) Act, 1947 (Sind Act XX of 1947),
section 10(2).
[176][176]The word “and” repealed by
the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955
(Sind Ordinance V of 1955), section 6, Schedule II.
[177][177]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “the Govt”.
[178][178]Inserted by the Sind
Cooperative Societies (Amendment) Act, 1935 (Sind Act XXII of 1935), section 5
(1).
[181][181]Clause (ff) inserted by the Sind Cooperative Societies (Amendment) Act,
1935 (Sind Act XXII of 1935), section 5(1).
[182][182]Substituted by the Sind Laws
(Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (Sind Ordinance
V of 1955), section 7, Schedule III, for fullstop.
[183][183]Clause (ee) which was inserted by the Sind
Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI of 1943), section 21
(ii), renumbered as clause (gg) ibid., section 7, Schedule III.
[184][184]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Govt”.
[186][186]Substituted by the Sind
Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of 1965),
section 15, for the original section 72.
[192][192]Substituted by the
Co-operative Societies (Second Amendment) Ordinance, 1966 (XVII of 1966), (with
effect from 30th April, 1965).
[193][193]Section 72-A inserted by the
Sind Cooperative Societies (Amendment) Act, 1933 (Sind Act VIII of 1933),
section 2.
[195][195]Substituted by the Sind Laws
(Adaptation, Revision, Repeal and Declaration) Ordinance, 1955, (Sind Ordinance
V of 1955), section 3 (ii) (b) (with effect from 30th May, 1951),
for “British India”.
[196][196]Substituted
by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965
(VII of 1965), section 2, for the word “Sind” which was earlier substituted by
the West Pakistan Laws (Adaptation) Order, 1964, for “the Province of Sind”.
The words “Province of Sind” were previously substituted by the Sind Laws (Adaptation,
Revision, Repeal and Declaration) Ordinance, 1955, (Sind Ordinance V of 1955), for “Presidency of Bombay”.
[197][197]Substituted ibid., section 16, for the words “said
territories” which were earlier substituted by the West Pakistan Laws
(Adaptation) Order, 1964, for “said Province”. The words “said Province” were
previously substituted by the Sind Laws (Adaptation, Revisions, Repeal and
Declaration) Ordinance, 1955 (Sind Ordinance V of 1955), for “Presidency”.
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