The Assam Co-operative Societies (Amendment) Act, 1953

ASSAM ACT X IX  OF 1953

[Published in the Assam Gazette, dated the 10th June 1953]

further to amend the Assam Co-operative Societies Act, 1949

THE ASSAM CO-OPERATIVE SOCIETIES (AMEND-

(Passed by the Assembly)

1913.”

MENT) ACT, 1953

(R eceived the assen t o f  the G overnor on the 2nd'June 1953)

Preamble.

Short title, 
extent and 
commence­
ment.

Amendment 
of section 
50 of
Assam Act I 
of 1950.

Amendment 
of section 73 
of Assam 
Act I of 
1950.

Amendment 
of section 83 
oi Assam 
Act I of 
1950.

Whereas it is expedient further to amend the Assam Co- Assam Act I 
operative Societies Act, 1949, hereinafter called the of 1950. 
“ Principal Act,” in the manner hereinafter appearing ;

I t  is hereby enacted as follows
1. (1) This Act may be called the Assam Co-operative 

Societies (Amendment) Act, 1953.
(2) It shall have the like extent as the principal Act.
(3) It shall come into force at once.
2. In clause («) of sub-section (2) of section 50 of the 

principal Act, for the words and brackets “ item 57 or item 
59 in list I in the seventh schedule to the Government of 
India Act, 1935 (as adapted and modified)” the following 
shall be substituted, namely :—

“ item 91 or item 96 in list I in the Seventh Schedule to 
the Constitution of India” .

3. In clause (ft) of section 73 of the principal Act, 
between the words “ Act” and “ he”  in the seventh line the 
following shall be inserted, namely :—
“ or fails to maintain up-to-date accounts, records and other 
documents of the Society required to be maintained by him 
under this Act or the rules or bye-laws” .

4. For sub-section (2) of section 83 of the principal Act, 
the following shall be substituted, namely :—

“ (2) Notwithstanding anything contained in sub­
section (1), all the said dues shall also be recoverable as a 
public demand in accordance with the procedure laid down
in the Bengal Public Demands Recovery Act, 1913 on a ?T

e
I
n g?! .~ 

written requisition sent to the certificate officer in the pres- 0  -
cribed form over the signature of the Registrar or of such 
Gazetted Officer as may have powers delegated to him by 
the Registrar in this behalf.

Explanation.— ‘The certificate officer’ means the officer 
so defined in, and the ‘prescribed form’ means the form so 
prescribed under the Bengal Public Demands Recovery Act,



Amendment 
of Schedule 
A of Assam 
Act I of 
1950.

In the matter of...........

Whereas,........ ...... has made a reference in writing to me
ymplainfog/ a s  a  r e s u lt of my personal inspection I decide, 
determining/
that a sum of Rs...............(Rupees....................................) by
way of.......................................................under section...........
of the Assam Co-operative Societies Act, 1949 (Act I of 
1950) and a sum of Rs....................  (Rupees )
by way of interest is/are due from you and you have evaded 
payment of the same and whereas a notice of demand 
calling on you to pay the dues within the specified time was 
served with notice to show cause ;

And whereas you have not paid up your dues specified 
in the notice ;

And whereas you have not submitted explanation/your 
explanation is unsatisfactory ;

Now, therefore, I , under authority of sub-section (1) 
of Section 83 of the Assam Co-operative Societies Act, 1949 
(Assam Act I of 1950) do hereby order that the abovemen­
tioned sum of Rs..................is due to the above named from
you and that you will pay further interest on the principal 
sum at the rate of........... ..per cent, per annum from............
together with all cost till the date of realisation.

5. For the form in Schedule A to the principal Act, the 
following shall be substituted, namely:—

“ Co-operative Demand Certificate granted under 
section 83(1) of the Assam Co-operative Societies Act, 1949 
Act I of 1950).

(To be realised as an arrear of land revenue by the 
Revenue authority within whose jurisdiction the judgment 
debtor’s property is situated).

Versus

I further order that right, title and interest of............ 
in the properties set out and described, in the Schedule 
below be sold as an arrear of land revenue under the provi­
sions of the Assam Land and Revenue Regulation, 1886 
(Regulation I of 1886), and that, if the sale proceeds should 
be found insufficient to discharge the dues with subsequent 
interest at the above rate till the date of realisation and 
costs in full, the balance be realised by attachment and sale 
of other movable and immovable property of the judg­
ment debtor as an arrear of land revenue.

Case No. o f 19
District/Subdivision



SCHEDULE

Dated Shillong :

The

sHjg

Registrar,
Co-operative Societies

Assam.

Officer empowered under 
Section 83(1) of Assam 
Co-operative Societies 
Act, 1949.

JV. B.—The irrelevant words may be struck oft and relevant 
entries may be made where necessary.”

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