(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 ].
[3][3][Preamble.– Whereas it is expedient to
provide for the formation, registration and regulation of cooperative societies
for the promotion of thrift, self help and mutual assistance amongst
agriculturist or other persons with common economic or social interests and for
achieving better standards of living and for the matters incidental thereto;
It is
hereby enacted as follows:-]
PRELIMINARY]
[6][6][2. Extent.–
This Act extends to the whole of the Province of West
Pakistan , except the Tribal Areas.]
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
[16][16][(b) have or
claim to have an interest in the shares of the society not exceeding fifty
thousand rupees; provided that if the society is a housing society, a member
may have or claim to have an interest in the shares of the society, not
exceeding two hundred thousand rupees.]
[17][17][7. Conditions of registration.– (1) No society, other than a society
of which a member is a society, shall be registered under this Act, unless it
consists of at least thirty members and in case of a producers’ or housing
society, consists of at least fifty members and each member of a society,
except the housing and producers’ societies, shall have the ordinary place of
abode in the same town or village or in the same group of villages within a
radius of fifteen kilometers from the registered office of the society.
(2) No
society shall be registered for the purpose of carrying on business as a
banking society, financing bank or which uses as part of its name under which
it proposes to carry on business, the word “bank” or “banking” unless–
(a) it has a paid up capital of not less than twenty million rupees or
such higher amount, as may be prescribed; and
(b) satisfies such other conditions as may be prescribed.
(3) The word “Limited” shall be the last
word in the name of every society registered with limited liability.]
[18][18][7-A. Eligibility for membership.– A person
shall be eligible to become member of a society if–
(a) in case of an individual, he is above the age of eighteen years, is
of sound mind, is solvent and has not applied to be adjudged as an
un-discharged insolvent;
(b) it is a cooperative society; or
(c) it is a body corporate or a company.]
[19][19][8. Power of Registrar to decide certain questions.– When any question
arises as to whether, for the purposes of this Act, a person is an
agriculturist or not, or is resident of a town or village or group of villages
within a radius of fifteen kilometers from the registered office of the
society, 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.
(a) made in writing specifying the address of its
proposed registered office;
(b) signed by at least fifty persons in case of producers’ or housing
society and at least thirty persons for any other category of societies with
proof of the identifications of those persons; provided that this condition as
to the number of persons shall not be applicable in case where at least one of
the proposed member is a society;
(c) accompanied, in the case of producers, or
housing society or any other society which is likely to adversely affect the
environment, approval of the competent authority in accordance with section 12
of the Pakistan Environmental Protection Act, 1997 (Act XXXIV of 1997);
(d) accompanied by the following documents:
(i) a feasibility report showing its financial
viability;
Explanation.– Financial viability shall include a statement of
finances relating to the expected business turn over of the society, stating
the number of members and expenditures being within its income;
(ii) proof that promoter members’ contributions
towards the paid up share capital are in accordance with the feasibility
report;
(iii) proof of the payment of such registration fee
as may be prescribed; provided that different registration fee may be
prescribed for different categories of societies; provided further that in case
of agriculture society, the registration fee shall not exceed five hundred
rupees; and
(iv) a copy of the proposed by-laws of the
society.
(3) A
housing society shall, within a period of one year of its registration, furnish
the schedule of proposed development of land, master plan, site plan indicating
availability of the existing public utilities, public amenities and other
allied facilities in the area and, in case of its failure, the Registrar may
de-register the society after affording it an opportunity of hearing.
(4) The
registration fee shall be deposited in the account of the Registrar and shall
be utilized in the prescribed manner.]
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.
[22][22][15. Amalgamation and division of societies.–
(1) Any two or more societies may, with the prior approval of the Registrar, by
a resolution passed by two-third majority of the members present and voting in
a general or special meeting of the societies, amalgamate as a single society.
(2) A society may, with the prior approval
of the Registrar, by a resolution passed by two-third majority of the members
present and voting in a general or special meeting of the society divide the
society into two or more societies.
(3) A society or societies, as the case may
be, by way of a resolution passed in accordance with this section, transfer to,
divide or amalgamate its or their assets and liabilities with any other society
or societies in case of division or amalgamation with the prior written consent
of the creditor or creditors, if any, of the society or the societies.
(4) Division of assets and liabilities shall
take place after due approval and audit and in such manner, as may be
prescribed.
(5) No new society arising out of an
existing society shall be registered unless it satisfies the conditions of
registration of a society under this Act or the rules.]
[23][23][15-A. Merger
of a society in a company, etc.– (1) Notwithstanding anything contained in this Act and
subject to any other law for the time being in force, a society may, with the
written consent of its creditors and the approval of the Registrar, by a resolution,
incorporating the terms and conditions of the proposed merger, passed by
two-third majority of its members present and voting in a general body meeting,
merge itself in a company or a body corporate.
(2) On the fulfillment of the legal
formalities and disposal of objections, if any, the Registrar may issue a
certificate authorizing such merger.
(3) On the issuance of the certificate under
sub-section (2), all the assets and liabilities of the society shall stand
transferred to the company or the body corporate, as the case may be.]
[24][24][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 [25][25][made by a society] is not contrary to [26][26][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 [27][27][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.
[28][28][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.
[30][30][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 [31][31][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 [32][32][Sind] Land Revenue Code, 1879, [33][33][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.]
[34][34][17-B. Expulsion of a member.– (1) A society may recommend to the Registrar to expel from
its membership a member who is a persistent defaulter of the dues of the
society or who commits any act prejudicial to the interests of the society:
Provided
that the managing committee of the society shall, after affording the member an
opportunity of hearing, place the matter before the general body of the society
and approval thereof shall be communicated to the Registrar.
(2) The Registrar may expel such a member
from the society after affording him an opportunity of hearing.
(3) The Registrar shall, before passing the
expulsion order, determine the amount payable, if any, by the society to the
member and may direct that the expulsion order would take effect from the date
of payment of the amount to such member or its deposit in the account of the
Registrar.
(4) The member shall cease to be member of
the society from the date when the expulsion order of the Registrar takes
effect:
Provided
that the provisions of this section shall not apply to a member of a housing
society who has made full payment towards the cost of land and the requisite
development charges.]
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.
[35][35][18-A. General body and managing committee.– (1) The powers and management of a society shall vest in
its general body consisting of all its members.
(2) A society shall have a managing
committee, constituted in accordance with the rules and the by-laws, which
shall exercise such powers and functions as may be delegated to it by the
general body.
(3) Subject to any general or special order
of the Provincial Government, the Registrar may, on such terms and conditions
as he may deem fit, appoint not more than two experts on the managing committee
of a society for the development and proper management of the society.
(4) The Registrar may require a society to
obtain approval of its general body, in any matter concerning the business of
the society, before proceeding further in the matter.]
[36][36][[37][37][18-B]. 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]
[39][39][20. Address of societies.– (1) Every
society shall have a registered office which shall be the address of the
society.
(2) A
society shall not change its address without the prior approval of the
Registrar:
Provided
that before seeking the approval of the Registrar, the society shall inform its
members’ creditors and where applicable, the society of which it is a member,
by post and also through two national daily Newspapers, as to the proposed
change of the address.
(3) The approval of the Registrar shall
immediately be communicated by the society to its members’ creditors and the
society of which it is a member.]
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.–
[40][40][(1) The Registrar shall,
by himself, an auditor or a committee of auditors appointed by him, through
general or special order in this behalf, specifying the period for completion,
audit the accounts of every society once at least in a year:
Provided
that no person shall audit the accounts of a society for two consecutive
years.]
[41][41][(1-A) The
Registrar may, by general or special order, determine the fee payable to the
auditor or the committee of the auditors, as the case may be, and the fee so
determined shall be payable by the society.]
(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.
[42][42][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].
[43][43][22-B. Internal audit committee.– (1) Every
housing and producers’ society, in addition to the audit of accounts under
section 22, shall also get the accounts audited by an internal audit committee
comprising at least three members of the society other than the members of its
managing committee as may be appointed by the general body with their consent.
(2) The report of the internal audit
committee shall be submitted by the society or the committee to the Registrar
within one month of the receipt or compilation of such report.]
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 [45][45][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 [46][46][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 [47][47][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 [48][48][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 [49][49][neither the Official Assignee under the Insolvency
(Karachi Division [50][50][* * *]) 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.
[51][51][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.
[52][52][29. Liability of the estate of deceased
member.– The estate of a deceased member
shall be liable for the debts of the society, at the time of his death, for a
period of one year.]
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 [53][53][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 [54][54][etc]
of society.– Nothing in section 17, sub-section
(1), clauses (b) and (c), of the [55][55][* * *]Registration Act, 1908[56][56], 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 [57][57][participation term certificate [58][58][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 [59][59][such instruments]; or
(3) any
endorsement upon or transfer of any debenture [60][60][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 [61][61][Central Government], by notification in the [62][62][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 [63][63][or return] on securities held by the society.
(2) The
[64][64][Provincial Government] by notification in the [65][65][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 [66][66][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.[67][67][* * *]
33-A. Provincial
Government may give loans or guarantee interest [68][68][or return].– With such safeguards as may be
prescribed by rules in this behalf [69][69][the Provincial Government] may give loans to societies
or guarantee the payment of [70][70][the principal of debentures issued by them or of
interest [71][71][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 [73][73][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) [74][74][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.
[75][75][(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 [76][76][and
donations].– A society shall receive deposits [77][77][, donations, grants] 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 [78][78][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 [79][79][* * *] Trusts Act, 1882[80][80]; 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.
[81][81][38. Restriction on dividend.– (1) No society, other than housing, banking or producers’
society, shall pay a dividend to its members at a rate exceeding ten percent of
its net profits.
(2) A housing, banking or producers’
society shall pay a dividend to its members at a rate not exceeding twenty
percent of its net profits.]
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 [82][82][the Provincial Government] may by general or special order
direct, or may, with the previous sanction of [83][83][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 [84][84][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 [85][85][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[86][86].
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.
[88][88][44-A. Inspection of books and properties.– The Registrar, or any of his authorized representative,
shall have access and right to inspect the books, accounts, cash, documents,
properties and securities of a society and every employee, past or present, of
the society shall produce the same and furnish such information with regard to
the transactions and working of the society as the person making such
inspection may require.]
[89][89][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].
[90][90][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.
[91][91][(5) The Registrar may
suspend, for a period not exceeding three months, a member of the managing
committee of a society, against whom an inquiry is pending under this Act or
there are reasons to believe that any such member has committed any
irregularity, illegality, breach of trust or act prejudicial to the interests
of the society.]
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. [92][92][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 [93][93][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 [94][94][or awarded].
[95][95][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.]
[96][96][46. Recovery of costs.– Any sum awarded by
way of costs under section 45, may be recovered, on the application of the
Registrar, by a Magistrate having jurisdiction in the place where the person
from whom the money is claimable actually and voluntarily resides, or carries
on business, or by an officer authorized in this behalf by the Government, by
distress and sale of any movable property belonging to such person, within the
limits of the jurisdiction of such Magistrate or any such officer.]
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 [98][98][or section 44-A] or on receipt of an application made by [99][99][two-third] 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 [100][100][* * *], 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.
[101][101][48. Society may be wound up if membership
is reduced.– (1) The Registrar may, by order in
writing, direct a society to be wound up, if at any time it is proved to his
satisfaction that the membership of the society has been reduced to less than
the requisite minimum number of members and the society, despite a reasonable
opportunity, has failed to raise the number of members to be in accordance with
the provisions of this Act.
(2) All existing societies shall, within
two years of the commencement of this Act, raise their membership to be in
accordance with the provisions of this Act, failing which the Registrar may
wind up such a society after affording it an opportunity of being heard.]
[102][102][48-A. Winding up of housing society.– If a housing society fails to complete development and
allotment of plots in accordance with its development schedule, the Registrar
may order the winding up of the society after affording it an opportunity of
hearing.]
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 [103][103][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:
[104][104][Provided further that all debts due to [105][105][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 [106][106][Sind] Land Revenue Code, 1879[107][107] [108][108][, 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 [109][109][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 [110][110][or return] at such rate as the Registrar thinks just or
to contribute such sum to the assets of the society [111][111][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 [112][112][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 [114][114][[115][115][* * *] Provincial Co-operative Institute], or may be
placed on deposit with [116][116][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 [117][117][[118][118][* * *] 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.– [119][119][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, [120][120][or].
[121][121][(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 [122][122][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 [123][123][a member, past member or non-member] or the heirs or assets
of a past member [124][124][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.
[125][125][54-A. Registrar’s power to set aside the award
and order the dispute to be referred back to arbitration.– [126][126][(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 [127][127][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 [128][128][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 [129][129][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 [130][130][* * *].
[131][131][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[132][132].
59. Money
how recovered.– (1) [133][133][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, [134][134][* * *]:
[135][135][(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]
[136][136][(b) be executed
according to the law for the time being in force for the recovery of arrears of
land revenue; provided that any application for recovery of the amount in such
a manner shall be made to the Collector and shall be accompanied by a
certificate signed by the Registrar or by an officer subordinate to the
Registrar to whom the said power has been delegated by the Registrar.]
[137][137][(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 [138][138][Sind] Land Revenue Code, 1879[139][139], [140][140][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 [141][141][Government] under section 65, together with the interest, [142][142][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[143][143].]
[144][144][(4) The
Government or the Registrar may, on an application, direct that an order or
award, passed under this Act, shall be executed in accordance with the
provisions of the Civil Procedure Code, 1908 (Act V of 1908) or any other law
for the time being in force.
(5) The Registrar or any other officer subordinate to him, duly
authorized by the Government to execute the orders or the awards, shall be
deemed to be a civil court and shall have the powers vested in an executing
court under the Civil Procedure Code 1908 (Act V of 1908).]
[145][145][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 [147][147][Sind ] Land Revenue Code,
1879[148][148] [149][149][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 [150][150][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 [151][151][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.
(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 [152][152][Executive District Officer (Revenue) or any other officer
authorized by the Government in this behalf].
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 [153][153][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 [154][154][the Punjab Land Revenue
Act, 1967 (W.P. Act XVII of 1967)] 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 [156][156][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 [157][157][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 [158][158][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 [159][159][or rules made thereunder] [160][160][; or]
[161][161][(e) Indulgence in fraudulent activities– a
member of a society indulges in fraudulent or corrupt activities concerning the
management or business of the society, or indulges in any illegal or corrupt
practices, as defined in the Punjab Local Government Ordinance, 2001 (XIII of
2001), in the conduct of elections of the managing committee of the society; or
(f) Performing
acts without approval– an officer, an employee of a society or a member of
the managing committee of the society performs any act without prior approval
of the Registrar or of the general body of the society where such prior
approval is required by law; or
(g) Making
a false report or refusing to do an act– an officer or a member of the
internal audit committee of a society refuses or neglects to do an act which he
is required by law to do or makes a false report; or
(h) Violation of the master plan– a member
of the managing committee of a cooperative housing society commits any
violation or breach of an approved master plan.]
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 [162][162][fifty 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 [163][163][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 [164][164][fifty thousand] rupees and in the case of a continuing
offence with further fine of [165][165][five hundred] rupees for each day on which the offence is
continued after conviction therefor.
[166][166][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].
[167][167][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, [169][169][54 or sub-section (3) of section 54-A] may be made by
any party aggrieved or affected by the order or decision to [170][170][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.– [171][171][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 [172][172][the Provincial Government] or the Registrar that any
decision or order or proceedings so called for should be modified, annulled or
reversed, [173][173][the Provincial Government] or the Registrar, as the case
may be, may pass such order thereon as to it or him may seem fit.
[174][174][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 [176][176][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 [177][177][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.
[178][178][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 [179][179][Sind] Co-operative Societies [180][180][* * *] (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.
[181][181][(4) Nothing
contained in this section shall apply to persons employed in mines of nuclear
fuels, mineral oils and natural gas.]
[182][182][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[183][183]]
66. Power
to exempt societies from conditions as to registration.– Notwithstanding anything contained in
this Act, [184][184][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.–
[185][185][The Provincial Government] may, by general or special order
to be published in the [186][186][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 [187][187][* * *] Companies Act of 1913[188][188], shall not apply to societies registered under this Act.
69. Branches, etc.,
of societies outside the province.–
Every co-operative society registered outside the [189][189][Province of West Pakistan], which has or establishes a
branch or place of business in the [190][190][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 [191][191][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.
[192][192][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) [193][193][The Provincial Government] may, for the whole or any part
of the [194][194][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;
[195][195][(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;
[196][196][(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 [197][197][,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;
[198][198][(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; [199][199][* * *]
(ee) prescribe the period and terms under which
Government aid may be given to co-operative societies and the terms under which
[200][200][the Provincial Government] may guarantee the payment of [201][201][the principal of and] interest [202][202][or return] on [203][203][instruments referred to in clause (x) of this
sub-section] issued by registered societies;
[204][204][(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 [205][205][;]
[206][206][(gg)] Provide that
the contravention of any rule or order issued thereunder shall be punishable
with fine not exceeding rupees [207][207][five thousands] [208][208][; and]
(3) [210][210][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[213][213], as applicable to the District of Karachi.
(2) Every society now existing which has
been registered under the Co-operative Societies Act, 1904[214][214], or under the Co-operative Societies Act, 1912[215][215], 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[216][216], 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[217][217]].
[218][218][(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.]
[219][219][72.A. Construction of references to Co-operative
Societies Act, 1912, in enactments.– All references to the Co-operative Societies Act, 1912[220][220], occurring in any enactment made by any authority in [221][221][Pakistan] and for the time being in force in [222][222][the Province of West Pakistan] shall, in the
application, to the [223][223][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[224][224], 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
[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
[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
[28][28]Added 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.
[29][29]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”.
[31][31]Substituted
by the West Pakistan Laws (Adaptation) Order 1964, section 2(1), Schedule, for
the words “the Crown”.
[32][32]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 ”.
[33][33]Added by the
Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of
1965), section 6.
[37][37]Section 18-A renumbered as 18-B by
the Cooperative Societies (Amendment) Act 2006 (VI of 2006).
[38][38]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”.
[44][44]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”.
[45][45]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”.
[46][46]Inserted by
the Sind Cooperative Societies (Amendment) Act, 1947 (Sind Act XX of 1947),
section 4(a).
[47][47]Substituted
by the Sind Cooperative Societies (Amendment) Act, 1947 (Sind Act XX of 1947)., section 4(b), for “such member or past member.”
[49][49]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”.
[53][53]Substituted by
the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[55][55]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).
[58][58]Added by corrigendum published at P.3029. Gazette of Punjab ,
Extraordinary dated 31-12-1984.
[61][61]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[64][64]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”.
[65][65]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[67][67]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.
[69][69]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[70][70]Substituted
by the Sind Cooperative Societies (Amendment) Act, 1935 (Sind Act XXII of
1935), section 2, for “interest on debentures issued by them”.
[72][72]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”.
[73][73]Inserted by
the Sind Cooperative Societies (Amendment) Act, 1947 (Sind Act XX of 1947),
section 5 (a).
[74][74]Substituted by
the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[75][75]Added by the
Sind Cooperative Societies (Amendment) Act, 1947 (Sind Act XX of 1947), section
5(b).
[78][78]Substituted by
the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[79][79]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).
[82][82]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[84][84]Substituted by
the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[85][85]Substituted
by the Sind Cooperative Societies (Third Amendment) Act, 1940 (Sind Act XVI of
1940), section 2, for “Bombay Central Co-operative Institute”.
[87][87]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”.
[88][88]Inserted by
the Sind Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI of 1943),
and substituted by the Cooperative Societies (Amendment) Act 2006 (VI of 2006).
[92][92]Added by the
Sind Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI of 1943),
section 10(i).
[93][93]Inserted by
the Sind Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI of 1943),
section 10 (ii).
[97][97]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”.
[98][98]Inserted by
the Sind Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI of 1943),
section 11.
[99][99]Substituted
for the words “three-fourths” by the Cooperative Societies (Amendment) Act 2006
(VI of 2006).
[104][104]Inserted by
the Sind Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI of 1943),
section 12.
[105][105]Substituted
by the West Pakistan Laws (Adaptation) Order, 1964, section 2(1) Schedule, for
the words, “the Crown”.
[106][106]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 ”.
[108][108]Added by the
Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of
1965), section 9.
[111][111]Inserted by
the Sind Cooperative Societies (Amendment) Act, 1947 (Sind Act XX of 1947),
section 6.
[112][112]Inserted by
the Sind Cooperative Societies (Amendment) Act, 1947 (Sind Act XX of 1947),
section 7.
[114][114]Substituted
by the Sind Cooperative Societies (Third
Amendment) Act, 1940 (Sind Act XVI of 1940), for “Bombay Provincial
Co-operative Institute”.
[115][115]The word “Sind ” omitted by the Sind Co-operative Societies (West
Pakistan Amendment) Ordinance, 1965 (VII of 1965).
[117][117]Substituted
by the Sind Cooperative Societies (Third
Amendment) Act, 1940 (Sind Act XVI of 1940), for “Bombay Provincial Co-operative
Institute”.
[118][118]The word “Sind ” omitted by the Sind Co-operative Societies (West
Pakistan Amendment) Ordinance, 1965 (VII of 1965).
[119][119]Substituted
by the Sind Cooperative Societies (Amendment) Act, 1944 (Sind Act VIII of
1944), section 2, for the first paragraph.
[120][120]Added by the
Sind Cooperative Societies (Amendment) Act, 1947 (Sind Act XX of 1947), section
5(a).
[121][121]Inserted by
the Sind Cooperative Societies (Amendment) Act, 1947 (Sind Act XX of 1947),
section 8(a).
[122][122]Inserted the
Sind Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI of 1943),
section 13 (ii).
[123][123]Substituted
by the Sind Cooperative Societies (Amendment) Act, 1947 (Sind Act XX of 1947),
section 8(b)(i), for “a member or past member”.
[125][125]Inserted by
the Sind Cooperative Societies (Amendment) Act, 1938 (Sind Act X of 1938),
section 2.
[126][126]Substituted
by the Sind Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI of 1943),
section 14(i) for the original sub-section (I).
[127][127]Inserted by
the Sind Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI of 1943),
section 14(ii).
[128][128]Inserted by
the Sind Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI of 1943),
section 14(ii).
[129][129]Inserted by
the Sind Cooperative Societies (Amendment) Act, 1938 (Sind Act X of 1938),
section 3.
[130][130]The word
“himself” omitted by the Sind Cooperative Societies (Amendment) Act, 1943 (Sind
Act XVI of 1943), section 15.
[133][133]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”.
[134][134]The words
“be executed” deleted by the Sind Cooperative Societies (Amendment) Act, 1943
(Sind Act XVI of 1943), section 17(i).
[137][137]Sub-sections
(2) and (3), inserted by the Sind Cooperative Societies (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.
[138][138]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 ”.
[140][140]Inserted by
the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII
of 1965), section 6.
[141][141]Substituted
by the West Pakistan Laws (Adaptation) Order, 1964, section 2(1) Schedule, for
the words “the Crown”.
[145][145]Inserted by
the Sind Cooperative Societies (Amendment) Act, 1935 (Sind Act XXII of 1935),
section 3.
[146][146]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.
[147][147]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 ”.
[149][149]Added by the
Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965 (VII of
1965), section 9.
[150][150]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”.
[151][151]Substituted
by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965
(VII of 1965), for the word “Sindhi”.
[152][152]Substituted
for the word “Commissioner” by the Cooperative Societies (Amendment) Act 2006
(VI of 2006).
[153][153]Substituted
by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955
(Sind V of 1955), section 7, Schedule III, for “of”.
[154][154]Substituted
for the words “Chapter XI of the Sind Land Revenue Code, 1879, or the relevant
provisions of any other law relating to land revenue in force in the area,” by
the Cooperative Societies (Amendment) Act 2006 (VI of 2006).
[155][155]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”.
[156][156]Inserted by
the Sind Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI of 1943),
section 18.
[157][157]Inserted by
the Sind Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI of 1943),
section 18.
[160][160]Substituted
for the full-stop by the Cooperative Societies (Amendment) Act 2006 (VI of
2006).
[162][162]Substituted
for the words “one thousand rupees” by the Cooperative Societies (Amendment)
Act, 2006 (VI of 2006).
[163][163]Substituted by
the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[164][164]Substituted
for the word “fifty” by the Cooperative Societies (Amendment) Act 2006 (VI of
2006).
[168][168]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”.
[169][169]Substituted
by the Sind Cooperative Societies (Amendment)
Act, 1938 (Sind Act X of 1938), for “or 54”.
[170][170]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[171][171]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[174][174]Inserted by
the Sind Cooperative Societies (Amendment) Act, 1943 (Sind Act XVI of 1943),
section 20.
[175][175]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”.
[176][176]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”.
[177][177]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”.
[178][178]Section
65.A, inserted by the Sind Cooperative Societies (Second Amendment) Act, 1940
(Sind Act XXVII of 1940), section 2.
[179][179]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 .”
[181][181]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.
[182][182]Section
65-B, inserted by the Co-operative Societies (Second Amendment) Ordinance, 1966
(XVII of 1966), section 2.
[184][184]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[187][187]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).
[189][189]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”.
[193][193]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[194][194]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”.
[195][195]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.
[196][196]Substituted
by the Sind Cooperative Societies (Amendment) Act, 1947 (Sind Act XX of 1947),
section 20(1).
[198][198]Clauses (cca), (ccb) and (ccc) inserted
by the Sind Cooperative Societies (Amendment) Act, 1947 (Sind Act XX of 1947),
section 10(2).
[199][199]The word
“and” repealed by the Sind Laws (Adaptation, Revision, Repeal and Declaration)
Ordinance, 1955 (Sind Ordinance V of 1955), section 6, Schedule II.
[200][200]Substituted by
the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[201][201]Inserted by
the Sind Cooperative Societies (Amendment) Act, 1935 (Sind Act XXII of 1935),
section 5 (1).
[204][204]Clause (ff) inserted by the Sind Cooperative
Societies (Amendment) Act, 1935 (Sind Act XXII of 1935), section 5(1).
[205][205]Substituted
by the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955
(Sind Ordinance V of 1955), section 7, Schedule III, for fullstop.
[206][206]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.
[207][207]Substituted
for the word “fifty” by the Cooperative Societies (Amendment) Act 2006 (VI of
2006).
[208][208]Substituted
for the full-stop by the Cooperative Societies (Amendment) Act 2006 (VI of
2006).
[210][210]Substituted by
the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[212][212]Substituted
by the Sind Co-operative Societies (West Pakistan Amendment) Ordinance, 1965
(VII of 1965), section 15, for the original section 72.
[218][218]Substituted
by the Co-operative Societies (Second Amendment) Ordinance, 1966 (XVII of
1966), (with effect from 30th April, 1965).
[219][219]Section 72-A
inserted by the Sind Cooperative Societies (Amendment) Act, 1933 (Sind Act VIII
of 1933), section 2.
[221][221]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 ”.
[222][222]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”.
[223][223]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”.
No comments:
Post a Comment