PLEASE
NOTE THAT THIS ACT IS NOT CORRECTLY PROOFREAD WITH ORIGINALS.
SO KINDLY MAKE SURE THAT THEY MATCH WITH THE ORIGINALS. DEFECTS IF ANY NOTICED MAY KINDLY BE BROUGHT INTO NOTICE BY WAY OF COMMENT SO THAT WE MAY CORRECT THEM. SUFFICIENT FURTHER NOTES SHALL BE INSERTED IN DUE COURSE.
THE KERALA CO-OPERATIVE SOCIETIES ACT, 1969 (Act 21 of 1969)
(An
Act to consolidate, amend and unify the laws relating to Co-operative Societies
in the State of Kerala)
[10. Preamble :- WHEREAS with a view to provide for the orderly
development of the Co-operative sector in the State, [14.
it is essential to organise the Co-operative Societies in accordance with
Co-operative principles as self governing] democratic institutions, to achieve
objects of equity, social justice and economic development, as envisaged in the
directive principles of State Policy of the Constitution of India [14. and to promote scientific and technological
development, health care, market intervention and management excellence in the
Cooperative Sector,] it is expedient to
consolidate, amend and unify the law relating to co-operative societies in the
State.;]]
BE it
enacted in the Nineteenth Year of the republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short
title, extent and commencement
(1) This Act
may be called the Kerala Co-operative Societies Act, 1969.
(1) It extends to the whole of the State of Kerala.
(2) It shall come into force on such date as the Government may by
notification in the Gazette, appoint: *
Provided that different dates may be appointed for different
provisions of this Act and any reference in any such provision to the
commencement of this Act shall be construed as a reference to the coming into
force of that provision.
2. Definitions
In this Act,
unless the context otherwise requires—
(a)
“apex society” means a society having the whole of the State as its area of
operation and having as its members only other societies with similar objects
and declared as such by the Registrar;
[16.(aa) “assisted society” means a co-operative
society which has received the Government assistance in the form of share
capital, loan, grant or any other financial assistance or any guarantee by the
Government or from Boards constituted by the Government for repayment of loan,
interest or deposits;
(ab) “auditing of accounts of co-operative societies” means a
close examination of financial transactions, overdue debts, if any, maintenance
of books of accounts, documents and other records of a business and includes an
inquiry into the affairs of the society and subsidiary institutions in order to
ascertain the correctness of accounts and the extent to which its activities
were useful in promoting the economic welfare of the members in accordance with
co-operative principles;]
(b)
“bye-laws” means the registered bye-laws of a co-operative society for the
time being in force;
(c)
“circle co-operative union” means a circle co-operative union
constituted under section 88;
[4.
(d) “central society” means a society having jurisdiction over one or more
Revenue Districts but not the whole of the State as its area of operation; and
having as its members only other societies and declared as such by the
Registrar or the Government;”]
[16. (da) “chief executive” means any employee of a
co-operative society by whatever designation called and includes an officer of
the State Government or an employee of any other institution or co-operative
society, who discharges the functions of a chief executive under the Act, the
Rules or the bye-laws;]
(e) “committee”
means
the governing body of a co-operative society by whatever name called, to which
the management of the affairs of the society is entrusted;
[10.(ea)]
[9.“ Co-operative Arbitration Court” means
a court constituted under Sec.70A.]
[10.(eb)
“Consortium Lending Scheme” means the
consortium Lending Scheme framed under section 57C;
(ec)
“Co-operative Development and Welfare Fund” means
the Cooperative Development Welfare Fund established under section 57A;
[14.
(ecc) `Cooperative Ombudsman' means the person or persons appointed under
sub-section (2) of section 69A]
[16. (eccc) “co-operative
principles” means the co-operative principles listed in Schedule II appended to
this Act;]
(ed)
“Co-operative Service Examination Board” means
the Cooperative Service Examination Board constituted under section 80B;”; ]
(f) “co-operative
society” or
“society”
means
a co-operative society registered or deemed to be registered under this Act;
(g) “co-operative
society with limited liability” means a society in which the liability of its members for the
debts of the society in the event of its being wound up is limited by its
bye-laws-
(i)
to the amount, if any, unpaid on the shares respectively held by them;
or
(ii)
to such amount as they may, respectively undertake to contribute to
the assets of the society;
(h) “co-operative
society with unlimited liability” means a society, the members of which are, in the event of its
being wound up, jointly and severally liable for and in respect of all its
obligations and to contribute to any deficit in the assets of the society::
[10.(ha) Deposit Guarantee Scheme” means the Deposit
Guarantee Scheme framed under section 57 B;
[14.(hb)
`Director of Co-operative Audit' means the Director of Co-operative Audit
appointed under sub-section (1) of section 63 and any officer to whom all or
any of the powers of the Director of Co-operative Audit may be delegated by the
Government by general or special order under subsection (3) of section 63;]
(i)
“dispute” means any matter touching the business, constitution, establishments
or management of a society capable of being the subject of litigation and
includes a claim in respect of any sum payable to or by a society whether such
claim be admitted or not;
[10.
[11. (ia) [14. [15. “District Co-operative Bank”
means a central society, the principal object of which is to raise funds to be
lent to its members and individuals, with jurisdiction over one revenue
district and having as its members any type of primary societies and Federal
and Central societies having headquarters in such district.]]
(ib)10. “Federal Co-operative Society” means
a society having more than one district as its and operation and having [14.
the Government,] individuals and other co-operative societies as its
members;]
(j) “financing
bank” means
a co-operative society having as its members only other co-operative societies
and the main object of which is to raise money and lend the same to its
members;
(k) “general
body meeting” means a meeting of the members who are entitled to vote in the
affairs of the society;
(l) “member “ means a
person joining in the application for the registration of a Co-operative
society or a person admitted to membership after such registration in
accordance with this Act, the rules and the bye-laws, and includes a nominal or
associate member;
[14.
(la) [16. “miscellaneous societies” means such
societies, as may be prescribed, and which accept deposits from their members
only and no deposits shall be accepted from nominal or associate members, and
shall undertake business activities for the welfare of its members as per the
bye-laws and shall issue loans only to members:
Provided that no agricultural loans or schematic loans shall be
issued to the members except the loans for welfare activities;]]
(m) “nominal or
associate member” means a member who possesses only such privileges and rights of a
member and who is subject only to such liabilities of a member as may be
specified in the bye-laws;
(n) “officer” means the
president, vice-president, chairman, vice chairman, secretary, manager, member
of committee or treasurer and includes a liquidator, administrator and any
other person empowered under the rules or the bye-laws to give directions in
regard to the business of a cooperative society;
(o) “prescribed”
means
prescribed by rules made under this Act;
[16. (oa) “prescribed period” means the period of
limitation specified in Schedule III appended to this Act;
[14.
(oaa) ] `Primary Agricultural Credit Society' means
a Service Co-operative Society, a Service Cooperative Bank, a Farmers Service
Co-operative Bank and a Rural Bank, the principal object of which is to
undertake agricultural credit activities and to provide loans and advances for
agricultural purposes, the rate of interest on such loans and advances shall be
the rate fixed by the Registrar and having its area of operation confined to a
Village, Panchayath or a Municipality:
Provided
that the restriction regarding the area of operation shall not apply to
societies or banks in existence at the commencement of the Kerala Co-operative
Societies (Amendment) Act, 1999 (l of 2000) :
Provided
further that if the above principal object is not fulfilled, such societies
shall lose all characteristics of a Primary Agricultural Credit Society as
specified in the Act, Rules and Byelaws except the existing staff strength.]
[3.(ob) “primary credit society” means
a society other than an apex or central society which has as its principal
object the raising of funds to be lent to its members;]
(oc)
[10. “Primary Co-operative Agricultural and Rural
Development Bank” means a society having its area of operation
confined to a taluk and the principal object of which is to provide for long
term credit for agricultural and rural development activities:
[15. Provided that no Primary Co-operative
Agricultural and Rural Development Bank shall be registered without the
bifurcation of assets and liabilities of the existing societies having the area
of operation in more than one Taluk and the societies shall restrict their
operation in the area of the respective society on such bifurcation]]
[13.(od)
“Primary Co-operative Society” means a society having jurisdiction over a
revenue district as a whole or over any specified area within such revenue
district and having individual or individuals and other Co-operative Societies
as its members.]
(p) “Registrar”
means
the Registrar of Co-operative Societies appointed under sub-section (1) of
section 3 and includes any person on whom all or any of the powers of the Registrar
under this Act are conferred;
(q) “rules” means the
rules made under this Act;
[3.(qa) “Scheduled Castes” means
the Scheduled Castes in the State of Kerala as specified in the Constitution
(Scheduled Castes) Order, 1950;]
(qb) “Scheduled Tribes” means
the Scheduled Tribes in the State of Kerala as specified in the Constitution
(Scheduled Tribes) Order, 1950;]
[16.(qc) “Special Officer” means an officer, not
below the rank of an Assistant Registrar, appointed by the Registrar to take
into custody the assets and liabilities of the society which secured
registration without bifurcating the area of operation of an existing society
and to register new societies and to constitute committees as provided in
section 28 of the Act.]
(r) “State” means the
State of Kerala;
(ra)
[10. State Co-operative Agricultural and Rural
Development Bank” means an apex society having only Primary
Cooperative Agricultural and Rural Development Banks as its members and
functioning in accordance with the provisions contained in the Kerala State
Co-operative Agricultural and Rural Development Banks Act, 1984 (20 of 1984);
(rb)
“State Co-operative Bank” means an apex
society having only District Co-operative Banks as its members;
(rc) “State Co-operative Election Commission “means
the State Co-operative Election commission constituted under section 28B;]
(s) State
Co-operative Union” means the State Co-operative Union established under section 89;
(t) “Tribunal” means the
Tribunal constituted under section 81;
[10.(ta) [13.“Urban Co-operative Bank”
means a society registered under this Act having its area of operation in the
Urban areas and which undertakes banking business with the licence obtained from Reserve Bank of
India;]
[14.(taa)
`Urban Co-operative Society' means a co-operative
society the principal object of which is to undertake non-agricultural credit
activities and to raise funds to be lent to its members with its area of
operation confined to a municipality or a corporation :
Provided
that the restriction regarding the area of operation shall not be applicable to
the existing urban co-operative societies.]
(tb)
“Vigilance Officer” means the Vigilance Officer appointed under section
68A;]
(u) “year means the
period commencing on the [8A. first day
of April of any year and ending with 30st of March] of the succeeding
year or in the case of any registered society or class of registered societies,
the accounts of which are made upto any other date with the previous sanction
of the Registrar, the year ending with such date.
CHAPTER II
REGISTRATION OF CO-OPERATIVE SOCIETIES
3. Registrar
(1) The Government may appoint a person to be the Registrar of
Co-operative Societies for the State.
(2) The Government may by general or special order confer any
person all or any of the powers of the Registrar under this Act.
4. Societies
which may be registered
Subject to the
provisions of this Act a co-operative society which has as its object the
promotion of the economic interests of its members or of the interests of the public
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.
[16. Provided that no co-operative society shall be
registered if it is likely to be economically unsound, or the registration of
which have an adverse effect on development of co-operative movement.]
5.
Registration with limited liability only
1) A co-operative society shall be registered only with limited
liability: Provided that this sub-section will not affect the rights and
liabilities of societies with unlimited liability which are in existence at the
time of commencement of this Act.
(2) The word ‘limited’ or its equivalent in any Indian language
shall be the last word in the name of a society registered under this Act with
limited liability.
6.
Application for registration of co-operative societies
(1) An application for the registration of a co-operative society
shall be made to the Registrar in such form as may be prescribed and the
applicant shall furnish to him such information about the society as he may
require.
(2) Every such application shall conform to the following
requirements, namely:-
(a) the
application shall be accompanied by three copies of the proposed bye-laws of
the society;
(b) where
all the applicants are individuals, the number of applicants shall not be less
than twenty-five, each of such person being a member of a different family.
Explanation.-For the
purposes of this clause, the expression “member of a family” means wife,
husband, father, mother, grandfather, grand-mother, step-father, step-mother,
son, daughter, stepson, step-daughter, grand-son, grand-daughter, brother;
sister, half brother, half-sister and wife of brother or half-brother;
(c)
the application shall be signed by every one of the applicants who
is an individual [14. as specified under
clause (a) of sub-section (1) of section 16] and by a person duly
authorized on behalf of the Government or any society or other body of person
which is an applicant.
7.
Registration
(1) If the Registrar is satisfied—
(a) that the
application complies with the provisions of this Act and the rules;
(b) that the
objects of the proposed society are in accordance with section 4;
(c) that the
area of operation of the proposed society and the area of operation of another
society of similar type do not overlap;
(d)
that the proposed bye-laws are not contrary to the provisions of this
Act and the rules; and
(e)
that the proposed society complies with the requirements of sound business,
he may register the society and its bye-laws [10.
within a period of ninety days of receipt of application.]
(2) Where the Registrar refuses to register a society, he shall
communicate the order of refusal together with the reasons therefore within
seven days of such order to such of the applicants as may be prescribed.
(3) An application for registration of a society shall be disposed
of by the Registrar [10. within ninety
days] from the date of receipt of the application.
[10. (4)
Where an application for registration of a society is not
disposed of within the time specified in sub-section (3), the applicant may
make a representation,--
(a) before
the Registrar, if the application for registration is made to a person on whom
the powers of the Registrar is conferred under sub-section (2) of section 3; or
(b) before
the Government, if the application for registration is made before Registrar,
and the Registrar or the Government, as the case may be, shall, within sixty
days from the date of receipt of such representation, issue directions to the
authority concerned to take appropriate decision on the application for
registration and the authority concerned shall comply with such directions.]
8.
Registration certificate
[16.(1)] Where a co-operative society is
registered under this Act, the Registrar shall issue a certificate of
registration signed and sealed by him, which shall be conclusive evidence that
the said society is duly registered under this Act.
[16.(2) Notwithstanding anything
contained in sub-section (1), where the Registrar is satisfied that the
original registration certificate is irrecoverably lost and a duplicate
certificate could not be issued as the files or records regarding the
Registration of the co-operative society was lost, after registration, the
Registrar shall issue a certificate stating the registration number and date of
registration of a co-operative society, on the basis of the details available
in the audit certificate and the records available with the Registrar, signed
and sealed by him, which shall be conclusive proof that the said society is
duly registered and it shall be treated as a certificate of registration.]
[10.8A
Affiliation to apex Society
(1) Every
Primary Co-operative Society or Central Co-operative Society may, within such
time and in such manner, as may be prescribed, apply for affiliation to the
concerned apex society or Central society, as the case may be.
(2) Where
the apex society or central society does not, within sixty days from the date
of receipt of the application for affiliation, determine whether such
affiliation should be given or not such affiliation shall be deemed to have
been given to the applicant society from the date on which the said period of
sixty days expires.
(3) When
the apex or central society, as the case may be, rejects an application for
affiliation under sub-section (1), the aggrieved society may file an appeal
before the Registrar against such rejection within thirty days from the date of
receipt of the order of rejection and the Registrar shall dispose of the appeal
within sixty days from the date of appeal.]
9.
Co-operative societies to be bodies corporate
The
registration of a society shall render it a body corporate by the name under which
it is registered, having perpetual succession and a common seal, and with power
to hold property, enter into contracts, institute and defend suits and other legal
proceedings and to do all things necessary for the purposes for which it was constituted.
[14.
Provided that the Government and the Registrar shall have power to regulate [16.
Omitted] the working of a society for the economic and social betterment
of its members and the general public.]
[16. 9A. Publication of name by
a co-operative society.—Every co-operative society,—
(a) shall paint or affix its name, register number and the
address of its registered office and keep the same painted or affixed in
conspicuous position, in letters easily legible to members in vernacular
language and in English language, on the outside of every office or place in
which its business is carried on;
(b) shall have its name engraved in legible characters on its
seal with common emblem; and
(c) shall have its name and address of its registered office,
mentioned in legible characters in all its business letters in all its bill
heads and letter paper, and in all its notices and other official publications,
and also have its name so mentioned in all bills of exchange, hundies,
promissory notes, endorsements, cheques and orders for money or goods
purporting to be signed by or on behalf of the co-operative society, and in all
bills of parcels, invoices, receipts and letters of credit of the co-operative
society.]
10. Change of
name of society
(1) A society may, by an amendment of its bye-laws, change its
name.
(2) Where a society changes its name, the Registrar shall enter
the new name in the register of co-operative societies in the place of the
former name and shall amend the certificate of registration accordingly.
(4)
The change of name of a society shall not affect any rights or
obligations of the society or render defective any legal proceedings by or
against it; and any legal proceedings which might have been continued or commenced
by or against the society by its former name may be continued commenced by its
new name.
11. Change of
liability
(1) Subject to the provisions of this Act and the rules, a society
may, by an amendment of its bye-laws, change the form or extent of its
liability.
(2) When a society has passed a resolution to change the form or
extent of its liability, it shall give notice thereof in writing to all its
members and creditors and notwithstanding the provisions of section 24 or any
bye-law or contract to the contrary, any member or creditor shall, during a
period of two months from the date of service of the notice upon him, have the option
of withdrawing his shares, deposits or loans, as the case may be.
(3) Any member or creditor who does not exercise his option within
the period specified in sub-section (2) shall be deemed to have given his assent
to the change.
(5)
An amendment of the bye-laws of a society changing the form or
extent of its liability shall not be registered or take effect until either—
(a)
the assent thereto of all members and creditors has been given or deemed
to have been given; or
(b)
all claims of members and creditors who exercise the option referred
to in sub-section (2) within the period specified therein have been me in full.
12. Amendment
of bye-law of society
(1) No amendment of any bye-law of a society shall be valid unless
such amendment has been registered under this Act.
(2) The provisions of section 7 specifying the conditions to be
satisfied before registration of the bye-laws of a society by the Registrar
shall mutatis
mutandis,
apply also to the registration of amendments to bye-laws:
Provided that the Registrar shall before registering an amendment
of any
bye-law consult-
(a)
the State Co-operative Union if the bye-laws to be amended are that
of an apex society or a central society; or
(b)
the circle co-operative union if the bye-laws that are to be
amended are that of any other society; and
(c)
the financing bank if the society is indebted to the financing
bank.
(3) The Registrar shall forward to the society a copy of the
registered amendment together with a certificate of registration signed and
sealed by him, and such certificate shall be conclusive evidence that the
amendment has been duly registered.
(4) Where the Registrar refuses to register an amendment of the
bye-laws of a society, he shall communicate the order of refusal, together with
the reasons therefore, within seven days of the order to the society
[10.(4A)
An application to register an amendment of the bye-laws of a society
shall be disposed of by the Registrar within ninety days from the date of
receipt of the same.
(4B) Where an application to register an amendment
of the bye-laws of a society is not disposed of within the time specified in
sub-section (4A), the society may make a representation,-
(a) before
the Registrar of Co-Operative Societies, if the application to register the
amendment of the bye-laws is made to a person on whom the powers of the
Registrar is conferred under sub-section (2) of section 3; or
(b) before
the Government if the application for registration of the amendment of the
bye-laws is made before the Registrar, and the Registrar or the Government, as
the case may be, shall within, sixty days from the date of receipt of such
representation, issue directions to the authority concerned, to dispose of the
same”]
[16. (5), (6), and (7) Omitted]
13. When
amendments of bye-laws come into force
An amendment
of the bye-laws of a society shall, unless it is expressed to come into
operation on a particular day, come into force on the day on which it is registered.
[16.13A. Subject
matter of bye-laws.—Every co-operative society shall make its bye-laws
consistent with the provisions of this Act and Rules and no provision in the
bye-laws of a co-operative society shall be contrary to the provisions of the
Act and the Rules.]
14.
Amalgamation, transfer of assets and liabilities and division of societies
(1) A society may, [16.
Omitted] by a resolution passed by a two-thirds majority of the members
present and voting at a general body meeting of the society,-
(a)
transfer its assets and liabilities in whole or in part to any
other society;
(b)
divide itself into two or more societies
(2) Any two or more societies may, [16.
Omitted] by a resolution passed by a two-thirds majority of the members
present and voting at a general body meeting of each such society, amalgamate
themselves and form a new society.
(3) The resolution of a society under sub-section (1) or
sub-section (2) all contain all particulars of the transfer, division or
amalgamation as the case may be.
(4) When a society has passed any such resolution, it shall give
notice thereof in writing to all its members and creditors and notwithstanding
the provisions of section 24 or any bye-law or contract to the contrary, any member
or creditor shall, within a period of two months from the date of service of
the notice upon him, have the option of withdrawing his shares, deposits or
loans, as the case may be.
(5) Any member of creditor who does not exercise his option within
the period specified in sub-section (4) shall be deemed to have given his assent
to the proposals contained in the resolution.
(6)
A resolution passed by a society under this section shall not take
effect until either—
(a)
the assent thereto of all the members and creditors has been given
or deemed to have been given; or
(b)
all claims of members and creditors who exercise the option referred
to in sub-section (4) within the period specified therein, have been met in
full.
(7) Where a
resolution passed by a society under this section involves the transfer of any assets
and liabilities, the resolution shall, notwithstanding anything contained in
any law for the time being in force, be a sufficient conveyance to vest the
assets and liabilities in the transferee without any further assurance.
[16. (8) and (9) Omitted]
[16.14A. Promotion of subsidiary
institutions for the economic welfare of members.—
(1) A co-operative society may by a resolution
passed at general meeting by a majority of members present and voting, promote,
one or more subsidiary institutions, which may be registered under any law for
the time being in force, for the furtherance of its stated objects.
(2) Any subsidiary institution promoted under
sub-section (1) shall exist only as long as the general body of the
co-operative society deems its existence necessary:
Provided that a co-operative society, while
promoting such a subsidiary institution shall not transfer or assign its
substantive part of business or activities undertaken in furtherance of its
stated objects to such subsidiary institutions.
Explanation:—For the purpose of this section,—
(a) an institution shall be deemed to be a
subsidiary institution where the co-operative society,—
(i) controls the management or board of directors or members of
governing body of such institutions; or
(ii) holds more than half in nominal value of equity shares of
such institutions.
(b) a subsidiary institution shall not include
a partnership firm.
(3) The annual reports and audited accounts of
any such subsidiary institution shall be placed each year before general body
meeting of the promoting co-operative society.
14B. Partnership of co-operative societies.—
(1) Any two or more co-operative societies
with prior permission of the Registrar, may by resolution passed by the
majority of the members present and voting at a general body meeting of each of
such co-operative societies, may enter into partnership to carry out anyone or
more specific business. Written notice of the general body meeting shall be
given to each member before fifteen clear days of such meeting.
(2) The partnership shall be in the interest
of the members of the co-operative society or the co-operative societies or
shall be in the public interest or shall be in the interest of the co-operative
movement in general and it does not mean to be a partnership firm registered
under Indian Partnership Act, 1932 (Central Act 9 of 1932).]
15.
Cancellation of registration certificates of societies in certain cases
(1) Where the whole of the assets and liabilities of a society are
transferred to another society in accordance with the provisions of section 14,
the registration of the first mentioned society shall stand cancelled and that society
shall be deemed to have been dissolved and shall cease to exit as a corporate
body.
(2) Where two or more societies are amalgamated into a new society
in accordance with the provisions of section 14 the registration of each of the
amalgamating societies shall stand cancelled on the registration of the new society
and each amalgamating society shall be deemed to have been dissolved and shall
cease to exist as a corporate body.
(3) Where a society is divided into two or more societies in
accordance with the provisions of section 14, the registration of that society
shall stand cancelled on the registration of the new societies and that society
shall be deemed to have been dissolved and shall cease to exit as a corporate
body
CHAPTER III
MEMBERS OF CO-OPERATIVE SOCIETIES AND THEIR RIGHTS AND LIABILITIES
16. Persons
who may become members
(1) No person shall be admitted as a member of a society except
the following,
namely:-
(a)
an individual—
(i) who has attained the age of eighteen years:
Provided that this sub-clause shall not apply in the case of a society
formed exclusively for the benefit of the students of any school or college;
(ii) who is not of unsound mind;
(iii) who is a resident within, or is in occupation of land in the
area of operation of the society;
(b) any other society;
[10.(ba)
a local Self government;]
(c) the Government; and
(d) any body of persons, whether incorporated or not and whether
or not established by or under any law, if such body is approved by the
Government in this behalf by general or special order:
Provided that in a society formed for the promotion of the economic
interests of members through a specified activity no person other than one who
is likely to be benefited directly by such activity may be admitted as a member
of such society unless such admission is permitted specifically by rules:
Provided further that where a society is formed exclusively for
the benefit of persons engaged in any particular industry, no person who is not
an actual worker in the industry shall be admitted in excess of such percentage
of the total membership of the society as may be prescribed:
Provided also that the Coffee Board, the Rubber Board and any other
statutory or non-statutory Board, Committee or Corporation constituted for the
purpose of the development of an industry, may be admitted as a member of a society
engaged in marketing and processing of the products of the industry concerned
and formed for the workers and growers of such industry, so however that no such
Board, Committee or Corporation shall be admitted as a member of a co-operative
credit society.
[10.Provided also that in the case of
hospital co-operative societies, industrial and commercial establishments and
other organizations registered under any other law may be admitted as members.
Explanation.-For
the purpose of this sub-section ‘hospital cooperative society’ means a society,
the main object of which is to run a hospital or to conduct medical or
paramedical courses or to run medical shops.]
(2) Membership in any society other than a society formed for the
benefit of the Scheduled Castes or the Scheduled Tribes shall not be refused
merely on the ground that a person belongs or does not belong to a particular religion,
race, community, caste, sect or denomination. A decision on an application for
membership shall be taken within two months from the date of receipt of the
application.
[10.(2A) Where an application for
membership in a society is not disposed of within the time specified in
sub-section (2), the Registrar shall be bound, on the written request of the
applicant, to determine whether such membership shall be given or not;
(2B) Where the Registrar does not, within one month
of the date of receipt of such written request determine whether such membership
should be given or not, the applicant may make a representation,-
(a) before the Registrar, if the request referred to
in sub-section (2A) is made to a person on whom, the powers of the Registrar is
conferred under sub-section (2) of section 3; or
(b) before the Government, if the request referred
to in subsection (2A) is made to the Registrar and the Registrar or the
Government, as the case may be, shall, within thirty days from the date of
receipt of such representation, determine whether such membership should be
given or not.]
(3). Where a person is refused admission as a member in a society,
the decision refusing admission together with the reasons therefore shall be communicated
by the society to that person within a period of fifteen days from the date of
the decision.
[16.16A. Ensuring
participation of members in the management of societies.—
(1) No member shall be eligible to continue to
be a member of a co-operative society if he,—
(a) is not using the services of the society for two consecutive
years or using the services below the minimum level as may be prescribed in the
rules or the bye-laws;
(b) has not attended three consecutive general meetings of the
society and such absence has not been condoned by the members in the general
meeting.
(2) Where any person becomes ineligible for
continuing as a member as per sub-section (1), the committee of the society may
remove the person from membership after giving him an opportunity for making
his representation, if any, and the person concerned shall thereupon cease to
be a member of the society:
Provided that no member of the society removed
as above shall be eligible for re-admission as a member of that society for a
period of one year from the date of such removal.]
17. Expulsion
of members
(1) Any
member of a society, who has acted adversely to the interests of the society [16. or persistently defaulting payment of his dues,
or has failed to comply with the provisions of the bye-laws], may be
expelled upon a resolution of the general body passed at a special meeting
convened for the purpose by the votes of not less than two-thirds of the total
number of members present and voting at the meeting.
(2) No member shall be expelled under sub-section (1) without
being given an opportunity of making his representation.
(3) A copy of the resolution expelling a member shall be
communicated the member within a period of fifteen days from the date of
passing of the resolution.
[16.(4) The expulsion from
membership may involve forfeiture of shares held by the member.
(5) No member of the society who has been expelled
under sub-section (1) shall be eligible for re-admission as a member of that
society, for a period of one year from the date of such expulsion.]
18. Nominal
or associate members
(1) A society may admit any individual as a nominal or associate
member.
[15. Omitted]
[10.Provided [13.
also] that a hospital co-operative society may admit any other
society as nominal or associate member.
Explanation.-The
term ‘hospital co-operative society’ shall have the same meaning as in the
Explanation to the fourth proviso to sub-section (1) of section 16.] ]
(2) A nominal or associate member shall not be entitled to any
share, in any form whatsoever, in the assets or profits of the society or to be
elected to the committee of a society.
(3) Save as provided in this section, a nominal or associate
member shall have such privileges and rights of a member and be subject to such
liabilities of a member, as may be specified in the bye-laws of the society.
19. Member
not to exercise rights till due payment made
No member of
a society shall exercise the rights of a member unless he has made such
payments to the society in respect of membership or has acquired such interest
in the society, as may be prescribed by the rules or the bye-laws.
[16.19A. Member participation.—No member of a
society shall exercise the right of a member unless he has attended the minimum
required general body meeting and minimum level of services as may be
prescribed.
19B. Right of a member to get information.—Every society
shall keep open to inspection for its members, free of charge, at all
reasonable times, at the registered address of the society,—
(a) an up-to-date copy of the Kerala
Co-operative Societies Act, 1969;
(b) an up-to-date copy of the Kerala
Co-operative Societies Rules, 1969;
(c) an up-to-date copy of the bye-laws of the
society;
(d) a register of members;
(e) the latest audited balance sheet of the
society; and
(f) the accounts of the society in so far as
they relate to his or her transaction only.]
[10. 20 Vote of numbers.—Notwithstanding
anything contained in any other provision of this Act other law, [11.
every member] of a society shall have one vote in the affairs of the society:
Provided
that,---
(a) a member admitted within sixty days immediately
prior to the date of
election shall not have a right to vote;
(b) a nominal or associate member shall not have the
right to vote;
(c) Where the Government is a member of a society,
each person nominated by the Government the committee of the society shall have
one vote each including the right to vote for election of office bearers of the
society;
(d) an ex-officio member of the committee of a
society shall have one vote but shall not have right to vote for election of
office bearers of the society;
(e) in the case of an equality of votes, the
Chairman shall have and exercise a second or casting vote:
[11. Omitted]]
21. Manner of
exercising vote
(1) Every member of a society shall exercise his vote in person
(2) Notwithstanding anything contained in sub-section (1), a
society or corporation or a statutory or non-statutory Board, Committee or
other body of persons which is a member of another society may, subject to any rules
made under this Act, appoint one of its members to vote on its behalf in the affairs
of that other society.
[10.
22 Restriction on holding shares:- In any society, no member other than the Government
any statutory or nonstatutory Board, Committee or Corporation approved by the
Government in this behalf any other society, shall hold more than such portion
of the total share capital of the society, not exceeding one fifth thereof, as
may be prescribed:
Provided
that the Government may, by notification in the Gazette, specify in respect of
any class of societies a higher maximum than one fifth of the share capital.]
23.
Restrictions on transfer of shares or interest
(1) The transfer of a share or interest of a member in the capital
of a society shall be subject to such conditions and restriction as to the
maximum holdings as are specified in section 22.
(2) No transfer by a member of his share or interest in a society
shall be valid unless-
(a) the
member has held such share or interest for not less than three years; and
(b) the
transfer is approved by the committee of the society
24.
Restriction on withdrawal of shares
Subject to
the other provisions of this Act, no withdrawal by a member of his share in a
society shall be valid unless-
(a) the member has held such share for not less than three years;
and
(b) such withdrawal is in accordance with the bye-laws of the
society.
25. Transfer
of interest on death of members
(1) On the death of a member of a society, the society shall
transfer the share or interest of the deceased member to the person or persons
nominated in accordance with the rules or the bye-laws or, if no person has
been so nominated, to such person as may appear to the committee to be the heir
or legal representative of the deceased member.:
Provided that such nominee, heir or legal representative, as the
case may be, is admitted as a member of the society.
Provided further that nothing in this sub-section shall prevent a
minor or a person of unsound mind from acquiring by inheritance or otherwise
the share or interests of a deceased member in a society.
(2) Notwithstanding anything contained in sub-section (1), any
such nominee, heir or legal representative, as the case may be, may require the
society to pay to him the value of the share or interest of the deceased member
ascertained in accordance with the rules or the bye-laws and the society shall
pay the amount to the nominee, heir or legal representative, as the case may
be, on receipt of such requisition.
(3) A society may pay all other moneys due to the deceased member
from the society to such nominee, heir or legal representative, as the case may
be.
(4) 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.
26. Liability
of past member or of estate of deceased member
(1) Subject to the provisions of sub-section (2), the liability of
a past member or of the estate of a deceased member of a society for the debts
of the society as they existed—
(a)
in the case of a past member, on the date on which he ceased to be
a member;
(b)
in the case of a deceased member, on the date of his death shall continue
for a period of two years from such date.
(2) Where a
society is ordered to be wound up under section 71, the liability of a past
member or of the estate of a deceased member who ceased to be a member or died
within two years immediately preceding the date of the order of winding up,
shall continue until the entire liquidation proceedings are completed, but such
liability shall extend only to the debts of the society as they existed on the
date of his ceasing to be a member, or death, as the case may be.
NOTES
* This Act came into force on
15.05.1969 by Notification No. 24314/C3/69 AD dated 12.05.1969 and was
published in Kerala Gazette Extraordinary No. 102 dated 11.04.1969.
The Bill was published in Kerala Gazette Extraordinary No. 94 dated 13.06.1967.
The report of the select committee was published in Kerala Gazette
Extraordinary No. 20 dated 22.01.1968.
1. Amended
by Act
38 of 1971. Act 38 of 1971 was published in Kerala Gazette Extraordinary No. dated w.e.f. 23.12.1971.
2. Amended by Act 8 of 1974.
Act 8 of 1974 was published
in Kerala Gazette Extraordinary No. dated w.e.f.. 13.03.1974.
3. Amended by Act 29 of
1986. . Act 29 of 1986 was published
in Kerala Gazette Extraordinary No. 1078 dated 28.11.1986 w.e.f. 25.02.1985. Amendments
to Sections Sections 2, 28A and 80 shall be deemed to have come into force on
the 25 th day of February, 1985, Amendments to sections 69 and 70 shall be
deemed to have come into force on the 15 th day of May, 1969, Amendments to sections
88 and 89 shall be deemed to have come into force on the 14 th day of February,
1986 and the remaining provisions of this Act shall come into force on
28.11.1986).
4. Amended by ACT 19 OF
1987. Act No. 19 of 1987 was published in Kerala Gazette
Extraordinary No. 711 dated 25.08.1987.
5. Amended by ACT 7 OF 1988. Act 7 of 1988 was published in Kerala Gazette Extraordinary No. 351 dated 21.04.1988 w.e.f.
15.02.1988.
6. Amended by ACT 5 OF 1992. Act 5 of 1992 was published in Kerala Gazette Extraordinary No. 17 dated 12.04.1992
w.e.f. 07.02.1992.
7. Amended by ACT 16 OF 1993. Act 16 of 1993 was published in Kerala Gazette
Extraordinary No. 38 dated 20.08.1993 w.e.f. 06.02.1993.
8. Amended by ACT 6 OF 1995. Act 6 of 1995 was published in Kerala Gazette Extraordinary No. 793 dated 05.08.1995.
8A. Amended by ACT 9 of 1997. Act 9 of 1997 was published in Kerala Gazette No. 42
dated 03.05.1997 w.e.f.
9. Amended by ACT 15 of
1997. Act No. 15 of 1997 was published
in Kerala Gazette Extraordinary No. 42 dated
29.12.1997 w.e.f. 03.06.1997.
10. Amended by Act 1 of
2000. Act 1 of 2000 was published
in Kerala Gazette Extraordinary No. 1 dated 01.01.2000 w.e.f. 01.01.2000 Sections 13,
16, 17, 18 and 21 of this Act shall come into force on such dates as the Government
may by notification in the Gazette appoint; and different dates may be appointed
for different provisions of this Act, and the other provisions of this Act shall
come into force at once i.e. w.e.f. 01.01.2000. Section 28B was
given effect from 07.03.2001 as per SRO 244/2001 published in Kerala Gazette
Extraordinary No. 46 dated 07.03.2001. Sections 57A and 57B came into force on
04.07.2000 and 02.01.2001 respectively. Sections 70, 70A and 70B were given
effect from 02.01.2003 by SRO 369/2003 published in Kerala Gazette
Extraordinary No. 48 dated 12.05.2003. Section 80B was given effect from
25.01.2001 as per SRO 89/2001 published in Kerala Gazette Extraordinary No. 46
dated 29.01.2001.
11. Amended by ACT 3 OF
2002. Act 3 of 2002 was published
in Kerala Gazette Extraordinary No. 47 dated 15.07.2002 w.e.f. 04.05.2002.
12. Amended by ACT 16 OF 2004. Act 16 of 2004 was published in Kerala Gazette
Extraordinary No. dated 23.06.2004 w.e.f. 23.06.2004.
13. Amended by ACT 9 OF 2009. Act 9 of 2009 was published in Kerala Gazette Extraordinary No. dated w.e.f. 11.12.2007.
14. Amended by ACT 7 OF 2010. Act 7 of 2010 was published in Kerala Gazette Notification
No. 14953/LegB2/09/Law dated 28.04.2010 w.e.f. 28.04.2010.
15. Amended by ACT 13 OF 2012. Act 13 of 2012 was published in Kerala Gazette Notification
No. 1318/LegH2/2012/Law dated 23.07.2012.
Amendments to Sections Sections 2(oc) and 2(qc) and 28(1D) to 28(1E) shall be
deemed to have come into force on 12.08.2011, Sections 2(ia), 18 and 28(1F) to
28(1I) and the special provisions in respect of the existing DCBs shall be
deemed to have come into force on 11.02.2012
16. Amended by ACT 8 OF 2013. Act 8 of 2013 was published in Kerala Gazette Notification
No. 816/LegH2/2013/Law dated 14.02.2013 w.e.f. 14.02.2013.
17. Amended by ACT 22 OF 2013. Act 22 of 2013 was published in Kerala Gazette Notification
No. 4576/LegH2/2013/Law dated 25.04.2013. Amendments
to Sections 56A, 80C, 80D and 80E shall be deemed to have come into force on 30.04.2011,
Sections 33, 63(3), 66 and 69A shall be deemed to have come into force on
28.04.2010, Section 63(13) shall be deemed to have come into force on
05.06.2007 and all other Amendments shall be deemed to have come into force on
25.04.2013.
47 comments:
ഒരു സംശയദുരീകരണം : അപേക്ഷകന്റെ (HDC ) അമ്മാവൻ പ്രസിഡണ്ട് ആയിരിക്കുമ്പോൾ അപേക്ഷകന് അവിടെ ജോലിക്ക് അപേക്ഷിക്കാൻ പറ്റുമോ
Pls c Rule 44
or SRO 1610/88
Disqualification is applicable for Committee members, and not for employee
Employee can apply for the post
Qualification of employee is described in Rule 186
Rule 16 also to be referred
Relatives:
Husbant wife
father mother
son daughter
grand father grand mother
marumakan marumakal
ammayiappan ammayi amma
ammavan (Total 13) As per SRO 116/2013
Is it possible to register a co operative society in private health care in kerala in current legal frame?
if yes who can help me?
please call 9020202000
KERALA FILING
-------------------
Registration and after registration service with legal support:-
1- NGO CONSULTANCY(Charitable Trust, Educational Trust,etc)
2- CO-OPERATIVE SOCIETIES REGISTRATION
3- TRADEMARK REGISTRATION
Contact:
mob-9496345592
ap.hakkeem@gmail.com
Very usefull and informative
Very usefull and informative
കേരളാ കോ-ഓപ്പറേറ്റീവ് ആക്ട് അനുസരിച്ചു ഒരു ജനറൽ കോ-ഓപ്പറേറ്റീവ് സൊസൈറ്റി പുതിയതായി രജിസ്റ്റർ ചെയ്യാൻ വേണ്ട ബൈ ലോ സാമ്പിൾ എവിടെനിന്നും കിട്ടും ?
ബിമൽ ചന്ദ്രൻ
MOB -9633052910
bimal.chandran@hotmail.com
എറണാകുളം
Pls contact the Organisatio Section (O-Section) at your nearest Joint Registrar (General) office of co-operative societies
Else better to contact a consultant
Pls contact the Organisatio Section (O-Section) at your nearest Joint Registrar (General) office of co-operative societies
Else better to contact a consultant
I need complaints against bank .what is the path I have to follow
സഹകരണ നിയമം (സമ്പൂർണ്ണം) മലയാളത്തിൽ അടിയന്തിരമായി പ്രസിദ്ധീകരിക്കുക....
Rule 65, rule 68/1, 68. എന്നീ നിയമങ്ങൾ ഇതിലൂടെ പ്രസിദ്ധപ്പെടുത്താമോ?
സഹകരണസ്ഥാപനങ്ങളുമായിബന്ധപ്പെടുന്നവരിൽ ബഹുഭൂരിപക്ഷവും, സാധാരണക്കാരും, കർഷകരുമാണ്. അതിനാൽ അവർക്ക് മനസിലാകുന്ന ഭാഷയിൽ സഹകരണ ആക്ടും, റൂളും മലയാളൽ പ്രസിദ്ധീകരിക്കുക....
സഹകരണസ്ഥാപനങ്ങളുമായിബന്ധപ്പെടുന്നവരിൽ ബഹുഭൂരിപക്ഷവും, സാധാരണക്കാരും, കർഷകരുമാണ്. അതിനാൽ അവർക്ക് മനസിലാകുന്ന ഭാഷയിൽ സഹകരണ ആക്ടും, റൂളും മലയാളൽ പ്രസിദ്ധീകരിക്കുക....
സഹകരണ നിയമം (സമ്പൂർണ്ണം) മലയാളത്തിൽ അടിയന്തിരമായി പ്രസിദ്ധീകരിക്കുക....
Rule 65, rule 68/1, 68. എന്നീ നിയമങ്ങൾ ഇതിലൂടെ പ്രസിദ്ധപ്പെടുത്താമോ?
ഞാൻ hdc & bm വിദ്യാർത്ഥിയാണ്.പ്രോജെക്ട് വർക്കിന്റെ ഭാഗമായി ആലപ്പുഴ കാർഡ് ബാങ്കിൽ ട്രെയിനിങ് ചെയ്യുകയാണ് .പ്രോജെക്ട് വിഷയം overdue ആണ് ,overdue എങ്ങനെ തടയാൻ പറ്റുമെന്ന് suggessions പറഞ്ഞു തരാമോ ?????
Pls update the kcs act n rules till date
സഹകരണ നിയമത്തിന്റെ ഏറ്റവും പുതിയ മറ്റങ്ങൽ അടക്കം എവിടെനിന്നാണ് ലഭ്യമാകുക
ഞാൻ hdc & bm വിദ്യാർത്ഥിയാണ്.പ്രോജെക്ട് വർക്കിന്റെ ഭാഗമായി ആലപ്പുഴ കാർഡ് ബാങ്കിൽ ട്രെയിനിങ് ചെയ്യുകയാണ് .പ്രോജെക്ട് വിഷയം overdue ആണ് ,overdue എങ്ങനെ തടയാൻ പറ്റുമെന്ന് suggessions പറഞ്ഞു തരാമോ ?????
Hi
First understand whats Overdue, may be you have understood
1. first step take necessary documents and study before giving loan, try to take PDC atleast for 3 installment or in case of termloan single PDC on due time
2.Proper monitoring on the progress (better try to computerise to get correct report
i can provide good s/w
make alert in regular intervals to customer, surety in case, and make notes to management in case of seeing its going overdue
try to contact person personally and try ti undderstand his background.
findout good scheme so as the money rotation can do and can make as its renewed to avoid NPA
കേരളാ കോ-ഓപ്പറേറ്റീവ് ആക്ട് അനുസരിച്ചു ഒരു ജനറൽ കോ-ഓപ്പറേറ്റീവ് സൊസൈറ്റി പുതിയതായി രജിസ്റ്റർ ചെയ്യാൻ what is the procedure. step by step
how much fund have to be raised
which section of Kerala cooperative societies act is called defamation clause?
കാലാവധി കഴിഞ്ഞ നിക്ഷേപം തിരിച്ചുനൽകാത്ത സസംഘത്തിൽ നിന്നും പണമില്ലെന്ന മറുപടി അംഗീകരിക്കാമോ? ഈ സാഹചര്യത്തിൽ സർക്കാരിന് നീക്ഷേപം തരുവാൻ ബാദ്ധ്യത ഉണ്ടോ. കോടതിച്ചെലവ് സർക്കാർ വഹിക്കവാൻ സാസതയുണ്ടോ.നല്ല ആസ്തിയുള്ള സംഘത്തിന്റെ വ്യബാങ്കിന ഇനുതൽകിയിട്ടുള്ളതാണെങ്കിൽ അത് അറ്റാച്ച് ചെയ്യാമോ e .
Promoting കമ്മറ്റിയുടെ കാലാവധി എത്ര മാസമാണ് , എത്ര നാള് വരെ കാലാവധി നീട്ടിക്കൊടുക്കാം , ആ കാലയളവിലും തെരഞ്ഞെടുപ്പ് നടന്നില്ലങ്കിൽ പിന്നെ കാലാവധി നീട്ടി നൽകാൻ സാധിക്കുമോ
Section 80
What is paid secretary
Explain section 68 enquiry and further action
ഞങ്ങള് പ്രവാസി കൂട്ടായ്മ സഹകരണ സഘം രൂപീകരിക്കാന് ഉദ്ദേശിക്കുന്നു .
ഞങ്ങളെ സഹായിക്കുമോ.
തൊട്ടടുത്തുള്ള ഒരു പ്രവാസി സഹ: സംഘത്തിൽ ചെന്ന് സൊസൈറ്റി എങ്ങിനെ രൂപീകരിച്കു എന്ന് നോക്കാവുന്നതോ, ഒരു കൺസൽറ്റന്റിനെ കാണുന്നതോ ആയിരിക്കും ഉചിതം.
Sir kerala co-operative act 1969 co-operative rules evdenu kittum officeil siteil kittunila
Rule 16 (4) ??
സഹകരണ നിയമപ്രകാരം എ ക്ലാസ് , ഡി ക്ലാസ് ഇങ്ങനെ മെമ്പർമാരെ തരം തിരിക്കാമോ?
ഉണ്ടെങ്കിൽ ഡി ക്ലാസ് മെമ്പർക്ക് ഡിവിഡന്റ് ലഭിക്കാനുള്ള അവകാശം ഉണ്ടോ
Salary table employess
A class. Share holders, have the rights to vote, dividends. D. Class only nominal member, just avail the service of society
10+ 2+ 3 പാറ്റേൺ ഇല്ലാതെ ( PDcയോ +2 ഇല്ലാതെ ബിരുദം നേടിയവർക്ക് manger പ്രേമോഷൻ ലഭിക്കുന്നത് എത് വർഷം നടത്തിയ നിയമ ഭേദഗതിയിലാണ് അറിയിക്കുമോ
Which rules and regulations supporting the salary scale and other benefits to the employees of Kerala state co operatieve bank?
കേരള സഹകരണ സംഘം ആക്ട് പ്രകാരം പ്യൂൺ നിയമനത്തിന് 7 ആം ക്ലാസ്സ് വിജയം ആണോ കാണിക്കുന്നത്... ഉദ്യോഗാർത്ഥി 10 ക്ലാസ്സ് പാസ്സ് ആകാൻ പാടില്ല എന്നുണ്ടോ???? പ്ലീസ് റിപ്ലൈ
കോ ഓപ്പറേറ്റീവ് ട്രെയിനിങ് കോളേജിലെ ഓഫീസിൽ അറ്റെൻഡന്റിനു തദ്ദേശ സ്വയംഭരണ സ്ഥാപന തിരഞ്ഞെടുപ്പിൽ മത്സരിക്കാമോ? അയോഗ്യത ഉണ്ടോ ?
കോ ഓപ്പറേറ്റീവ് ട്രെയിനിങ് കോളേജിലെ ഓഫീസിൽ അറ്റെൻഡന്റിനു തദ്ദേശ സ്വയംഭരണ സ്ഥാപന തിരഞ്ഞെടുപ്പിൽ മത്സരിക്കാമോ? അയോഗ്യത ഉണ്ടോ ?
society registration in Jaipur is an act for communal purposes. It is a consent agreement between the members of the concerned authorities.
Audit
We are providing Society Registration in Jaipur - It is a consent agreement between the members of the concerned authorities. The Registration is mainly focused to attain uniformity among societies and the public.
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