[1]THE PUNJAB LIVESTOCK ASSOCIATIONS AND
LIVESTOCK ASSOCIATIONS UNION
( REGISTRATION AND
CONTROL) ORDINANCE, 1979
(V of 1979)1
[25th April, 1979]
An
Ordinance
to
provide for the registration and control of village livestock associations and
village livestock associations’ unions
Preamble.— WHEREAS it is expedient to provide for the registration and control
of livestock associations and livestock associations’ unions;
NOW, THEREFORE, in pursuance of the Proclamation of fifth day of
July, 1977, read with the Laws (Continuance in Force) Order, 1977 (CMLA’s Order
I of 1977), the Governor of the
Punjab is pleased to make and promulgate the following
Ordinance:-
CHAPTER I
PRELIMINARY
1.
Short title,
extent and commencement.— (1) This Ordinance may be called the Punjab
Livestock Associations and Livestock Associations Unions (Registration and
Control) Ordinance, 1979.
(2)
It shall extend, in the first instance, to the district
of Sheikhupura but the Government may by notification in the official Gazette,
extend it to any other part or the whole of the Province of the Punjab.
(3)
It shall come into force at once.
2.
Definitions.—
In this Ordinance, unless the context otherwise requires:-
(a)
‘association’ means a livestock association constituted
and registered under this Ordinance;
(b)
‘Board’ means the Board established under the Punjab
Livestock, Dairy and Poultry Development Board Act, 1974 (Act No. III of 1974);
(c)
‘bye-laws’ means the bye-laws of an association or
union;
(d)
‘committee’ means the governing body of an association
or a union to whom the management of the affairs of an association or a union
is entrusted by or under the bye-laws;
(e)
‘Government’ means the Government of the Punjab;
(f)
‘prescribed’ means prescribed by rules made under this
Ordinance;
(g)
‘union’ means a union of livestock associations
constituted and registered under this Ordinance;
(h)
‘registration authority’ means the Managing Director of
the Board or an officer appointed by Government to exercise the powers of a
registration authority under this Ordinance.
CHAPTER II
REGISTRATION OF ASSOCIATIONS
3.
Registration
of association.— (1) Any fifty or more persons possessing such
qualifications and fulfilling such conditions as laid down in the bye-laws
intending to constitute an association may, in the prescribed manner and on
payment of prescribed fee, make an application to the registration authority
for the registration of the association.
(2)
The application for registration shall be signed by the
Chairman of the governing body of the association and shall be accompanied by a
copy of the proposed bye-laws and a list of the members of the association.
(3)
If the registration authority is satisfied that the
association has complied with the provisions of this Ordinance or the rules and
that the bye-laws of the association are not repugnant to the provisions of
this Ordinance or the rules, it may register the association.
(4)
If the registration authority grants an application it
shall issue, in the prescribed form, a certificate of registration of the
association and a certified copy of its registered bye-laws.
(5)
The decision of registration authority granting or
refusing to grant registration shall be final and shall not be called in
question in any court or before any authority.
(6)
The registration authority shall maintain a register
containing such particulars as may be prescribed, of all certificates of
registration issued under this Ordinance.
4.
Incorporation
of association.— The registration of an association shall render it a body
corporate in the name under which it is registered with perpetual succession
and a common seal with power to hold property, enter into contracts, institute
and defend suits and other legal proceedings and to do all acts necessary for
the purposes of carrying out its functions.
5.
Certificate
of registration.— A certificate of registration issued to an association
under section 3 of this Ordinance shall be conclusive evidence that the
association is duly registered.
6.
Amendment in
the bye-laws of the association.— (1) An association may, by a resolution
passed by three fourth majority of the members present at a special meeting
held for the purpose, propose an amendment in the bye-laws of the association
and send it to the registration authority for approval. If the registration
authority is satisfied that the proposed amendment of bye-laws is not contrary
to this Ordinance or the rules, it may register the amendment.
(2)
When registration authority registers the amendment, it
shall issue to the association a copy of the amendment certified by it.
(3)
No amendment of the bye-laws of an association shall be
valid until it is approved and registered by the registration authority.
CHAPTER III
RIGHTS AND LIABILITIES OF MEMBERS
7.
Membership.—
The persons who join in the formation of an association and the persons who may
subsequently be admitted to the membership of the association shall be the
members of the association.
8.
Liability of
members.— The liability of a member shall be limited to the extent of the
share he holds in the capital of the association.
9.
Right of
vote.— Notwithstanding that a member has more than one share in the capital
of the association, he shall have only one vote.
10.
Disqualification.—
(1) A member of an association shall not be entitled to be elected to or to vote
at an election of its committee if he has taken a loan from the association,
the Board, or, on the recommendation of the Board or the association, from any
bank or local authority or Government agency and the loan has been outstanding
for six months or more after it has become due and has not been repaid before
the date immediately preceding the day of election.
Explanation—
If the loan is repayable in installments, default in repayment of any
instalment as aforesaid, shall be deemed a disqualification.
(2)
A member shall not be entitled to receive any service,
assistance or loan from the association or any bank through the association or
the Board if he fails to maintain such livestock or supply such products
thereof as are provided in the bye-laws.
CHAPTER IV
MANAGEMENT OF THE AFFAIRS OF ASSOCIATIONS
11.
Executive
authority.— (1) The executive authority of an association shall vest in the
general body.
(2)
For day to day administration of an association,
members of the association shall elect a committee consisting of such members,
for such term and in such manner as may be prescribed.
12.
Maintenance
of accounts.— (1) Every association shall—
(a)
maintain accounts in the prescribed form and have the
same audited in accordance with its bye-laws;
(b)
submit its annual audit report and audited accounts to
the registration authority at such time and in such manner as may be
prescribed;
(c)
pay all money received by it into separate accounts
kept in its name at such bank or banks or post office as may be approved by the
registration authority;
(d)
furnish to the registration authority such particulars
with regard to the accounts and other record as the registration authority may,
from time to time, require.
(2)
The registration authority or an officer authorised by
it in this behalf may, at all reasonable times, inspect the books of accounts
and other record of an association, the securities, cash and other properties
held by the association and all documents relating thereto.
13.
Suspension
and dissolution of committee.— (1) If, after making such inquiries as it
may think fit, the registration authority is of the opinion that the committee
has committed any irregularity in respect of the funds of the association or is
responsible for any mal-administration in the conduct of the affairs of the
association or has failed to comply with the provisions of this Ordinance or
the rules or the bye-laws, it may, by an order in writing, suspend the
committee for such term, not exceeding four months, as it may deem fit or
dissolve the committee:
[2][Provided
that no order under this subsection shall be passed without giving to the
Committee an opportunity of being heard.]
(2)
Where a committee is suspended or dissolved under
sub-section (1) the registration authority shall appoint an Administrator or a
care-taker body consisting of such members as it may deem fit and in that event
the Administrator or the care-taker body shall have all the authority and
powers of the committee.
(3)
Where the committee has been dissolved and an
Administrator or a care-taker body has been appointed, the registration
authority shall, within 30 days of the date of such appointment, arrange
re-election of the committee.
(4)
Where the committee has been suspended and the
registration authority is of the opinion that the management of the affairs of
the association has been properly secured, it shall remove the Administrator or
the care-taker body and hand over the management of the affairs of the
association to the committee. If the registration authority is of the opinion
that the management of the affairs of the association has not been or is not
likely to be secured properly during the period of suspension of the committee,
it shall dissolve the committee and arrange re-election of the committee as
provided under sub-section (3) above.
14.
Cancellation
of registration.— (1) The registration of an association shall not be
cancelled except as hereinafter provided.
(2)
Not less than three-fourths of the members of an
association may in the prescribed manner, apply to the registration authority
for making an order for the cancellation of the registration of the
association.
(3)
If the registration authority, after considering the
application and making such enquiry as it may deem fit, is of the opinion that
the registration of the association ought to be cancelled, it may order that
the registration be cancelled.
15.
Powers of
registration authority.— The registration authority while ordering the
cancellation of the registration of an association may—
(a)
order any person, bank or body who holds any money,
securities or other assets of the association, not to part with such money,
securities and assets without the previous permission, in writing, of the
registration authority;
(b)
appoint a person to wind up the affairs of the
association with power to institute and defend suits and other legal
proceedings on behalf of the association and to make such order and take such
actions as may appear to him to be necessary for the purpose;
(c)
order any money, securities or assets, remaining after
satisfaction of the liabilities of the association to be paid to the members;
and
(d)
order any article, vehicle, instrument or other
property provided to the association by the Board or any other Government
agency or department to be handed over to such other association as may be
specified.
CHAPTER V
DISPUTES
16.
Disputes.—
(1) If any dispute touching the business of an association arises between—
(a)
members or past members of an association or persons
claiming through members or past members;
(b)
members or past members or persons so claiming and any
past or present officer, agent or servant of an association;
(c)
an association or its committee and any past or present
member of the association or between association or its committee and any past
or present officer, agent or servant of the association or a surety or such officer,
agent or servant; whether such surety is or is not a member of the association;
(d)
one association and another association;
(e)
an association and a union;
(f)
an association and the Board;
it shall be referred to the
registration authority for decision.
(2)
The registration authority may hear the dispute itself
or nominate any other officer of the Board to decide the matter.
(3)
Any party aggrieved by the decision of the registration
authority or his nominee, may, within thirty days of the date of the decision,
prefer an appeal to the Board. The decision of the registration authority or
his nominee, subject to the result of the appeal, shall be final and shall not
be called in question before any court or authority:
[3][Provided
that the appeal shall not be decided without giving the parties an opportunity
of being heard.]
(4)
The decision of the registration authority, so far as
it relates to the payment of money or delivery of any property, shall be deemed
to be a decree passed by a civil court and, upon an application to the court,
be executed by such court as if it was a decree passed by itself.
CHAPTER VI
REGISTRATION OF UNIONS
17.
Registration
of unions.— (1) Such number of associations as may be prescribed intending
to constitute a union, may, in the prescribed manner and on payment of
prescribed fee, make an application to the registration authority for the
registration of a union.
(2)
The application for the registration of a union shall
be signed by a duly authorized person on behalf of every association intending
to join the union.
(3)
Subject to the provisions of sub-sections (1) and (2)
above and such other rules as may be prescribed, the provisions of sections 3
to 16, shall apply in relation to a union as if reference in those sections to
an association is a reference to a union.
CHAPTER VII
RULES
18.
Rules. —
The Government may make rules for carrying into effect the provisions of this
Ordinance.
19.
Recovery as
arrears of land revenue.— The Government may prescribe such loans and
advances as are granted to an association or a member by the Board, to be
recoverable as arrears of land revenue.
1
[1] This ordinance was
promulgated by the Governor of the Punjab on 20th April, 1979;
and, published in the Punjab gazette (Extraordinary), dated 25th
April, 1979, pages 572-A to 572-H
[2]
Added by the Punjab Livestock Associations and Livestock Associations union
(Registration and control) ( Amendment) Ordinance, 1984 (XXI of 1984).
[3]
Added by the Punjab Livestock Associations and Livestock Associations
union(Registration and control) ( Amendment) Ordinance, 1984 (XXI of 1984).
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