Manipur · Act 14 of 1976

The Manipur Co-Operative Societies Act, 1976

The Manipur Co-Operative Societies Act, 1976

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Manipur
Enactment date
1976-10-20
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                 THE MANIPUB COOPERATIVE SOCIETIES ACT, 1975
                            (MANIPUR ACT N0. 14 OF 1976)



                                              An

                                              Act




                                                             e
    to eomolidate and amend the law relating to Co-operative Societies.


                                                       od
    BE it enacted by the Legislature of the State of Manipur'1n the
                                                aC
Twentyseventh year of the Republic of India. as follow:——
                                            di

                                          CHAPTER I
                                        In


                                       PRELIMINARY

    1. (1) This Act may be called the Manipur Co-operative Societies
Act, 1976.
                                                                                Short title,
     (2) It extends to the whole of Manipur.                                    extent
                                                                                and    oomi
    (3) It shall come into force on such date the Manipur Govern-               monument .
ment may, by notification in the Official Gazette, appoint.
    2.      In this Act, unless the context otherwise requires—
                                                                                Definitions;
    (1)      “Agricultural Marketing! Society” means a. society.
          (9.)   the object of Which is the marketing of agricultural produce
              and the supply of implements and other requisites for
              agricultural production, and
          (b) not less than three fourths of the members of which are
                 agriculturists, or societies formed by agriculturists ;
     (2) “Arbitrator” means a person appointed under this Act to
decide disputes referred to him by the Registrar or Registrar’a nominee
or Board of Nominees.
     (3) “Auditor” means a. person appointed by the Registrar or
by a. society to audit the accounts of the society,
     (3)A.        “Board” means the Board of Management ofva society.
      (4)     “Bonus” means payment made in cash or kind, out of the
profits of a. society to a, member, or to :1. person who is not a member,
on the basis of his contribution (including any contribution in the
form of labour or service) to the business of the society, and in the
case of a farming society, on the basis both of such contribution and
also the value      or income 01-,   as the cn.an may be, the area of the
lands of the members brought twrcther          for joint cultiVation as may
be decided by the society ;
    (5) “Bye-laws” means bye-luws registered under this Act and
for the time being in force, and includes registered amendments of
such bye-Iaws ;
     (6) “Central Bank” means a. Co-operative Bank, the objects of
Which include the creation of funds to be loaned to other Societies ;
      (7) “Committee” means the Committee of management, or other
directing body, to which the management of the affairs of a society
is entrusted.
      (8)     “Company” means a. company as defined in the Companies
Act, 1956, and includes 3. Banking Company and also any Board,
corporation or other corporate body, constituted or established by any
Central, State or Provincial Act for the purpose of the development
of any industry- ;




                            e
     (9) “Consumers’ ‘Society” means a society the object of-which


                      od
is—
      (a)     the procurement, production or processing, and distribution
                aC
              of goods, to, or the performance of other services for, its
              members as 33180 other customers, and
            di

      (b)     the distribution among its members and customers, in the
              proportion prescribed by rules or by the bye-laws of the
      In


              Society, of the profits accruing from such procurement, pro-
              duction or processing; and distribution ;
      (10)     “Co-operative Bank” means a. society registered under this
Act and doing the business of banking, as defined in clause (b) of
sub-section (1') of section ‘5 of the Banking Companies Act, 1949 ; ,
     (11) "‘C’o-operative Year” means the year ending on the M
day of June or in case of any Society or clase of societies the accounts
of which are with the previous sanction of the Registrar, balanced on
any other day, the year ending on such day.
     (12) "Dividend” means the amount paid, out of the profits of a.
soeiety, to a. member in proportion to the shares held by him -
     (l3) “Farming Society” means a society in Which, with the object
of increasing agricultural production, employment and income and
the better utilisation of resources, lands are brought together and jointly
eultivated by .5111 the members, such lands (a) being owned by or leased
to the members (or some of them), or (b) coming in possession of the
society in any other manner whatsoever;                   ‘
      (14‘)    “Federal Society” means a. society—
       (a)    not lesa than five members of Which are themseiyes Societies ;
              and                     ’
                                                         that the: mem-
       (b) in Which the voting rights are so regulated
           bers which are societies have   not less  than  four fifths of
                          er of votes  in the gener al  meeti ng of‘ such
           the total numb
           soeiety ;              ,
    (15) “Firm” means    a firm  registered under the Indian Partnership
                                        K                          '
Act, 1932 ;
                                                                  y of the
    (16)      “General Society” means a society not falling, inlan
                                                 of this section      ;
classes of societies defined by the other clauses
                                                                          whichis
    (17)      “Housing Society” means a society the object of.
providing members with dwelling houses ;
                                                                   under
    (18)      “Liquidator” means a personapjpointed‘ as liquidator
this Act ;
                                                               ttee or
     (19)     "goeal Authority” means Municipality, Town Commi
Uram Panehayztt :
                                                                     cation for
     (20)     (a) “Member” means a person joining in an appli
                  the regist ration of a Oo-op erati ve Socie ty which is subse-
                                                                    to membe  r-
                  quently registered, or a,- person duly admitted
                                                                     a nominal,
                  ship of a society after registration, and includes




                                                                   e
                  associate or sympathiser member ;


                                                             od
                                                              holds jointly a
              (11) “Associate Member” means a member Who
                                                                    does not
                   share of a. society with others, but whose name
                   stand in the share certificate ;          '
                                                       aC
                                                              member-
              (c) “Nominal Member” means a person admitted to    bye-
                                                                 With
                   ship as such after registration in accordance
                                                 di

                   1aws ;
                                                                    thises
              (d) “SympathiSer Member” means a person who sympa ted
                                             In


                  the aims and objects of the societ y and who is admit
                   by the society as such member ;
                                                               a. society                .
      (21)     “Officer” means a person elected or appointed by          a
                                                                                    ,__.._-.,.,--
                                                 bye-laws ; and includes
 to {my office of such society according to its
                                  ent, Vice-P reside nt, Managing Director,
 Chairman, Viee-Chairman, Presid
                                                     Board and any other '
 Manager, Secretary, Treasurer, member ofthe
                                          this  Act,    the» rules and the
 person elected or appointed under
                          ions in regar d to  the busine  ss of such society.
 bye-laws, to give direct
      (22) “Prescribed” means prescribed by trules ;
                                                               which is
      (23) “Processing Society” means a society the objects of
 the processing of goods ;
                                                                 of Which
      (2L) “Producers’ Society” means a society the objects
                                       goods or the colleet ive disposa l of
 is the production and disposal of
 the labour of the membe rs thereo f ;
       (25)     “Registrar” means a person appointed to be the Registrar
  of Qo-opemtive Societies under this Act ;        ’     '
                                                               of which. is
    . _, (26) “Resources Society” means a society, the'object
                                s  of credit, goods   or service s required
  the obtaining; for its member
  by them ;
      (27) “ 11.11108” means rules made under this Act ',
      (28) “Society” means a‘Co-operetive Society registered, or deemed
  to be registered, under this Act ;
                     (29)     “Society with limited liability” means a society having th
                liability of its members limited by its bye-laws ;
                      (30) “Society With unlimited liability” means a society the men-
                bers of which are, in the event of its being wound up, jointly and
                severally liable for and in respect of its obligations and to contribute to
                any deficiency in the assets of the society ;
                    (31) “State” means State Govei'hment of Manipur ;
                 .   (32)     “Tribunal” means the Manipur Co-operative Tribunal cona-
                tituted under this Act ;
                .    (33) “Working capital” means funds at the disposal of a. society
                inclusive of paid up share capital, funds, built out of profits, and
                money raised by borrowing and by deposits.




                                              CHAPTER II
                                            REGISTRATION

Registrar.           3. The State Government may appoint a. person to be the Registrar




                                                      e
                of Co-operative Societies for the State ; and may appoint one or more
                persons to assist such Registrar, and may, by general or Special order,


                                              od
                confer on any such person or persons all or any of the powers of the
                Registrar under this Act. The person or persons so appointed to assist
                                       aC
                the Registrar and on whom any powers of the Registrar are conferred,
                shall work under the general guidance, superintendenee and control of
                the Registrar.
                                   di

Societies            4.     A society, which has as its objects the promotion of the
                            In


which may       economic interests or general Welfare of its members or of the public, in
be registered
under this      accordance with Co-Operative principles, or a society established with
Act.            the object of facilitating the operations of any such society, may be
                registered.                       .           '
                     Provided that, no society shall be registered if it is likely to be
                economically unsound,         or the registration of which may have an
                adverse efl'eet on the development of the Co-operative movement.
Registration         5.     A Society may be registered with limited or unlimited liability.
with limited
or unlimited
liabilities.

Conditions           6.     ( 1)   No society, other than a. federal society, shall be registered
of registrar    under this Act unless it consists of at least ten persons (each of
tion.
                such persons being a member of a difl'erent family ), who are qualified
                to be members under this Act and who reside in the area of operation
                of the society.
                     (2)      No society with unlimited liability shall be registered unless all
                persons forming the society reside in the same town or village, or
                in the same group of villages.
                                                               has at least
    (3)    No federal society shall be registered, unless it
five societies as its members.
                                                                  ration
    (4:) Nothing in this Act shall be deemed to effect the regist
              y made before the comme  nceme nt of this Act.
of any societ
    (5)    The word “limited” or “unlimited” shall be the last word
in the name of every society with limited or unlimited liability, as
the case may be, which is registered        or deemed to be      registered
under this Act.
                                                                8, the
Explanation :—For the purpose of this Section and Section
              expression “memb er of a family ” means a wife, husban d,
                  father, mother, grand-father, grand-mother, step—father,
                  step-mother, son, daughter,    step-son,   stepdaughter,
                  grandson, granddaughter, brother, sister, half—brother,
                  half-sister, and Wife of brother or half-brother.

    7. Notwithstanding anything contained in this Act the State                 Powers to
                                                             to
Govamment may by special order in each case, exempt subject                     exempt Io-
                                                       from any of              cieties from
such conditions (if any) as it may impose. any society                          conditions
 the requirements of this Act as to registration.                               as to regis~




                                                               e
                                                                                tration.




                                                        od
     8.    (1)    For the purpose of registration, an application shall be      Application
                                                         be accomp    anied     for registra-
 made to the Registrar in the prescribed form, and shall
                                                           The persons          tion.
 by four copies of the proposed bye-laws of the society.
                                                  aC
               on Whose  behalf such applica tion is made. shall furnish
 by whom, or                                                    ar may
                                                   Registr
 such information in regard to the society, as the
                                              di

 require.
                                          In


     (2)    The application shall be signed—
            (a)    in the case of a society other than a federal society, by
                  at least ten persons (each of such persons being a member
                  of a difi'erent family), Who are qualified under this Act,
                   and _
                                                                           s.
            (b) in the case of a federal society, by at least five Societie
                                              behalf  of a  society  shall be
      No signature to an application on
                                                               committee of
 valid, unless the peracn signing is a member of the
 such  a. society, and  is authori sed by  the  commit tee  by  resolution to
                                       for registr ation of the  society and
 sign on its behalf the application
                      a  copy  of   such  resolut ion is  append  ed to the
 its bye-laws; and
 application.
                                                                            d
      9, (1) (a) If the Registrar is satisfied that a society has complie         Registration
                                                 and  that its propose d bye-
 with the provisions of this Act and the Rules
                                                                       thinks
 laws are not contrary to this Act or to the Rules, he may, if he
             the society and its bye-law s within six  months  from the  date
 fit register
 of the receipt of the application.
       (b) If the Registrar is unable to dispose of an application for
                                                                          on,
 registration within the period mentioned in the foregoing Sub-secti
 he shall make report to the     State Govt.  Stating  therein  the  reasons
                                                                    direction
  thereof ; and he shall thereafter act in accordance with such
  as may be issued to him by the State Government.
                                                                                      q
                       (0) Where the Registrar rerSQS to register a proposed society
                 shall  forthwi th commun icate his decision with reason  thereof te-
                                                                                      1%
                 person making the application and if there be more than one, If-
                 person who has signed first thereon.
                                                                           shall issue tn “1
                      (2) On the registration of a society, the Registrar
                 a certificate of Registration signed by him.                                 ’
                                                                             ction (2)5511
                      (3) A certificate of registration issued under sub-Se
                 be conclusive eviden   ce that  the  societ y therei n menti oned is M3
                                                                            been canceliai
                 registered unless it is provided that the registration has
                                                                                     reg!»
                      (4) The Registrar shall maintain a register of all societies
                 tered under this Act.

Evidence of          10. A certificate of registration signed by the Registrar, std"
Registration.    be conclusi ve evidence that the society therein mentioned, is (1;?)
                 registered, unleSS it is proved that the registration of the society ha
                 been cancelled.




                                              e
                                        od
                      11.     When, for the purpose of the formation, or continuance. ii
                                                                           agriculturist or not
                 a society, any question arises whether a person is an
Power of
                                  aC
                                                                               society at
                 or whether any person resides in the area of Operation of the
Registrar. to
decide cer-
tain question,   not, Such question shall be decided by the Registrar.
                              di

Classification          12. (1) The Registrar shall classify all societies into one or otha'
                        In


                                                                                  Such sub-
of societies.     of the classes of societies defined in section 2, and also into
                  classes thereof as may be prescribed by rules.
                                                                                           after
                       (2) The Registrar, may for reasons to be recorded in writing,
                                                                           to another , or from
                  the classification of a society from one class of society
                                                                             interest and
                  one Sub-class thereof to another ; and may in the public
                             such terms and  conditi ons as may thinkfit to impose,  allow
                  subject to                                                           ng
                                                                                      belongi
                  any society so classified to undertake the activities of a society
                  to another class.
                       (3) A list of all societies so classified shall be published by the
                  Registrar every three years in such manner as the Manipur Government,
                  may from time to time direct.
                                                                                     be Valid
 Amendment             13. (1) No amendment of the bye-laws of a Society shall
                                                                     e of registr ation of an
 of bye-laws      until registered under this Act. For the purpos                          the
                                                       of  the  amend ment   passed   in
                  amendment of bye—laws, a. copy
 of society.

                                 ibed; at  a  genera l   meetin g of the  society?   Shall  be
                  manner prescr
                  forwarded to the Registrar.
                       (2) When the Registrar registers an amendment of the bye-iaws of
                                                                                   ent
                   a society, he shall issue to the Society a copy of the amendm
                                                                                same is
                   certified by him, Which shall be conclusive evidence that the
                   duly registered.
                        (3)   Where the Registrar refuses to register an amendment of the
                                                                       order of refusal together
                   bye-laws of a society, he shall communicate the
                   with his reasons therefor, to the society.
                                                                                               7
                                                                                    Power to di-
                                                     an amenament of
     14. (1) If it appears ‘to the Registrar that in the interest of                rect amend-
                                    sary or desir able                              ment of
the bye-laws of the society is neces
                                         ty; in the manner prescribed,              bye-laws.
such society, he may call upon the socie
                                          as he may specify.
to make the amendment within Such time
                                                 dment Within the time
     (2) If the society fails to make the amen
                                         g the society an opportunity of
specified. the Registrar may, after givin
                                            i3sue to the society a copy of
being heard register such amendment, and
                              by  him, With  effect from the “date of the
such amendment certified
                                          er aforesaid. the bye-laws
registration of the amendment in the mann      dingly ; and the bye.
                                       ded accor
shall be deemed to have been duly amen
                        subje ct to appea l (if any) be binding on the
laws S0 amended shall,
 society and its members.
                                                                                     Change of
                                                      at a     general meeting,
     15.      (1) A society may, by reSOlution passed                                name .
                                         change its name; but such
 and With the approval of the Registrar.        of the society, or of
                                          obligation
change shall not affect any right or
                                                edings pending before any
any of its members ; and any legal proce
                                            nued by or against the society,
person, authority or court may be conti
under its new name.
                                                , the Registrar shall enter




                                                          e
     ('4) Where a Society changes its name
                                                    and shall also amend the


                                                    od
                                         socie ties
the name in its place in the register of
certificate of registration accor dingly.
                                              aC
                                                                                      Change       of
                                                     and the Rules, a
      16. (1) Subject to the provision of this Act                                    liability.
                     ment of its bye-la ws, chang e the form or extent
 society may by amend
                                          di

 of its liability.
                                                            change the form or
      (2) When a society has passed a resolution to
                                      In


                                                        f  in writing to all its
 eXtent of its liability, it shall giVe notice thereo
                                       thsta nding  anyth ing  in any bye-law or
 member and creditors and notwi
                                                          shall, during a period
 contract to the contrary, any member or creditor
                                                  such  notice   upon him, have
 of one month from the date of serving of
                                his shares,  deposits or  loans.
 the option of withdrawing
                                                          exercise his option
       (3) (a) Any member or creditor Who does not
             period  Specifi ed in sub-section (2), Shall be  deemed to have
  Within the
  assented to the change.
                                                            y, changing the
       (b) An amendment of the bye-laws of a societ
                                                           or take efi'ect
  form or extent of its liability, shall not be registered
  until, either 2——
                       (i)   all members and creditors have assented, or deemed
                             to have aSSented, thereto as aforesaid, or
                      (ii)   all claims of members and creditors who exercise the
                             option given by sub-Section (2} within the period
                             specified therein: have been met in full or otherwise
                             satisfied.

       _17.     (1)     A society may,      with the previous approval of the          Amalgama-
                                                                                       tion, transfer,
                                                         y of the members
   Reglstrar, by resolution passed by two-thirds majorit                                division     or
                                                ing held 'for the 'pur-
   present and Voting at a Special general meet
                                                                                       conversion of
                                                             ‘                          societies,
   pose,   decide :—
           (a)     to amalgamate with another society
                                                            ;
          (b)      to transfer its assets and liabilitie
                                                         s, in Whole or part, to
                   any other society ;
          (o)      to divide itself into two or more
                                                      societies, or
          (d)      to convert itself into another class
                                                         of society ;
        Provided that when such amalgamation
   version, aforesaid, inVOlves, a               , transfer, division or con-
                                    transfer of the liabilities of a. Soci
   any other society, no order                                             ety to
                                  on the resolution shall be pass
   Registrar, unless he is satisfied                                  ed by the
                                       that :—-
             (i)    the society, after passing such reso
                                                         lution, has given notice
                    thereof in such manner as may
                                                       be prescribed, to all its
                    members, creditors and other
                                                       persons whose interest
                    are likely to be affected     (hereinafter
                    referred to as “other interested perS , in this Section




                                        e
                                                         Ons” ), giving them


                                  od
                    the option, to be exercised within
                                                        one month from the
                    date of Such notice, of becoming mem
                    the new societies, or continuing         bers of any of
                               aC
                                                        their membership in
                    the amalgamated or converted
                                                      society, or demanding
                    payment of their share or interest
                                                            or dues, as the
                       di

                    case may be,
            (ii)    all the members     and creditors and
                   In


                                                                 other interested
                    person, have asswted to the decision,
                                                                or deemed to have
                    assented thereto by virtue of any mem
                   or any other interested persons, have ber or creditor
                                                           assented to the .
                   decision, or deemed to have assented
                                                          thereto by virtue
                   of any member or creditor or
                                                      any other interested
                   person failing to exercise his option
                                                         within the period
                   specified in clau se (i) aforesaid, and
           (iii)    all claims of members and credi
                                                   tors and other inte-
                   rested persons, who exercise the
                                                     option within the
                   period specified, have been met in full
                                                          or otherwise
                   satisfied.
      (2) Notwithstanding anything
                                         contained in the Transfer of Pro-
 perty Act, 1882,, or the Indian Regi
                                      stration Act, 1908, in the event of
 division or conversion, the registrati
                                           on of the new societies or, as
the case may be, of the converte
                                       d society, and in the event of
amalgamation, on the amalgamation                                               .
                                        the reSolutions of the societies con- ;
cerned with amalgamation, shell
                                    in
to vest the assets and liabilitiesSof each case be sufficient conveyance f
                                        the original Society or amalgama-
ting societies in the new societies
                                    or converted or amalgamated Socie
as the case may be.                                                       ty,
      (3) The amalgamation of societies,
                                             or division or conversion of 3
a. society shall not affect any right
                                      s or obligation of the societies
                                                                       so

by or against the amalgamated socie
                                          ty, or, as the case may be, the
converted society, or the new
                              societies,
    (4)      Where two or more societies have been amalgamated, or a
society has been divided or converted, the registration of such societies
or society shall stand cancelled on the date of registration of the
amalgamated society, or the converted society, or the new societies
between Which the society may have been divided.
                                                                                     Power to
     18.         (1)     Where the Registrar is satisfied that it is essential in     direct amal-
the public interest, or in the interest of the OO-operative Movement,                gamation,
or for the purpose of securing the proper management of any society                  division and
that two or more societies should amalgamate or any society should be                re-organisa-
                                                                                     tion in pu-
divided to form two or more societies or should be reorganised then                  blic interest
not withstanding anything contained in the last preceding section but                etc,
subject to the provisions of this section, the Registrar may after con-
sulting such federal society as he thinks necessary provide for the
amalgamation, division or reorganisation of these societies into a single
society with such constitution, property, rights. interests and autho-
rities, and such liabilities, duties and obligations, as may be specified
in the order.
     (2)     No order shall be made under this section, unless :—




                                                                       e
                                                                 od
           (a)         a. copy of the proposed order has been sent in draft to the
                   society or each of the societies concerned ;
           (b) the Registrar has considered and made such modifications in
                                                           aC
                   the draft order as may seem to him desirable in the light of
                   any suggestions and objections which may be received
                                                       di

                   by him within such period (not being less than two months
                   from the date on which the copy of the order as aforesaid
                                                  In


                   was received by the society) as the Registrar may fix in
                       that behalf, either from the society or from any member
                   or class of members thereof or from any creditor or class
               of creditors. ,
     (3)     The order referred to in subsection (1) may contain such
incidental, consequential and supplemental provisions as              may in the
opinion of the Registrar, be necessary to give effect to the amalgamation,
division or re-organisation.
     (4)         Every member or creditor of each of the societies to be
 amalgamated, divided or re-organised, Who has objected to the scheme
 of amalgamation, division or reorganisation, within the period specified,
 shall be entitled to receive on the issue of the order of amalgamation
 or reorganisation his share or interest if he be a member, and the
 amount in satisfaction of his dues if he be a. creditor.
     (5)          On the issue of an order under sub-section (1), the provisions
 in subsections (2), (3) and (4) of section 1'7 shall apply, to the societies
 so amalgamated, divided or re-organised as if they were amalgamated,
 divided or re-organised under the section, and to the society amalga-
 mated,divided or re-organised.
      19.         Where a proposal for a compromise or arrangement :—                  Reconstruc-
                                                                                       tion of
                                                                                       societies.
      (a)        between a society and its creditors, or
10

                    (b)     between a society and its members, is approved at a special
                            general meeting called for the purpose, the Registrar may, on
                           the application of the society or of any member or of any
                           creditor of the society, or in the case of a society whiehiis
                            being wound up, of the Liquidator, order reconstruction in the
                            prescribed manner, of the society.
Partnership         20.     (1)     Any two or more societies, may with the prior approval
of societies.   of the Registrar, by resolution passed by three-fourths majority of the
                members present and Voting at a general meeting of each such society
                enter into partnership for carrying out any specific business, provided
                that each member has had clear ten days’ written notice of their
                re301ution, and the date of the meeting.
                     (2) Nothing in the Indian Partnership Act, 1932 shall apply to
                such partnership.

Cancellation        21.         The Registrar shall make an order cancelling the registration




                                                      e
of registra-    of a society if it transfers the whole of its assets and liabilities to
                another society or amalgamated, with another society, or divides itself


                                               od
tio n,
                into tWo or more societies or if its afi'airs are wound up, or it has not
                commenced business within a reasonable time of its registration, or has
                                         aC
                ceased to function if :— he is satisfied, after making such enquiry as
                he thinks fit that the society no longer has genuinely as its object one
                                       di

                or more of the objects Specified in section 4 and its registration ought.
                in the interest of the general public, be cancelled. :The society shall,
                                 In


                from the date of such order of cancellation, be deemed to be dissolved,
                andishall cease to exist as a corporate body.




                                                  CHAPTER III

                                    Members and their rights and liabilities

Person who
may become          22. (1) Subject to the provision of section 24, no person 3113,11
member.         be admitted as a member of a society except the following that is i
                to say—
                          (a)     an   individual, who is   competent to contract under the
                                   Indian Contract Act, 1872 ;
                          (b)     a firm, company or any other body corporate constituted
                                  under any law for the time being in force, or a society
                                  registered under the Societies Registration Act, 1860 ;
                          (c)     a society registered, or deemed to be registered under this
                                  Act ;
                          (d)     the State Government ;
                          (e)     a local authority ;
                          (f)     a public trust registered under any law for the time being
                                  in force for the registration of such trusts.
                                                                                       11
     Provided that, the provisions of clause (a) shall not apply to an
individual seeking admission to a. society exclusively formed for the
benefit of students of a school or college ;
     Provided further that, subject to such terms and conditions as may
be laid down by the State Government by general or special order, a.
firm or company may be admitted as a member only of a. society Which
is a. federal or urban society or Which conducts or intends to conduct
an industrial undertaking ;
     Provided also that any firm or company, Which is immediately
before the commencement of this Act a. member of a society deemed to
be registered under this Act, shall have, subject to the other provisions
of this Act, the right to continue to be such member on and after such
commencement.
    Explanation :——-For the purposes of this section, an ‘urban society’
means a society the business of which mainly falls within the limits of
a municipal corporation, municipality eantonment or notified area
committee.
                                                                            Person! Who
    (2) Money-lenders,    traders   and other persons Whose interests       may not be
conflict with the interest of the Co-operative Institution shall not be      member.
:wlmittcd ms member.
     (3) In the case of Agricultural Credit Co-operative Institutions,      Restriction
                                                                            of member-




                                                     e
where a farm holding is in possession of a. Hindu Joint Family, only        ship,
manager of such joint family and Where such holding is in the possession


                                               od
of Co-tenants, only one such Co-tenant shall be eligible for membership
of such society and of a cultivating household only one adult member
                                         aC
of the household shall be eligible for admission as member.
     (4) Where a person is refused admission as a member of a, society      Communica-
                                                                            tion of deci-
                                    di

the decision (With the reason therefor) shall be communicated to that       sion re fusing
person Within fifteen days of the date of the decision, or Within three      admission,
                                In


months from the date of receipt of the application for admission,
whichever is earlier.
     Provided that Where no decision is communicated Within the
specified period, it shall be deemed that the admission has been refused.

     23. (1) No society shall, Without sufficient cause, refuse admission    Open mem—
to membership to any person duly qualified therefor under the provisions     bersbip.
of this Act and its bye-laws.
    (2)   Any person aggrieved by the decision of a, society, refusing
him admission to its membership, may appeal to the Registrar.
,    (3j The decision of the Registrar in appeal, shall be final and the
Registrar shall communicate his decision to the parties within fifteen
days from the date thereof.

     24. (i) Notwithstanding anything contained in section 22, a. society   Nominal,
may admit any person as a nominal, associate or sympathiser member.         associate and
                                                                            sympathiser
                                                                            member.


    (ii) A nominal or sympathiser member shall not be entitled
to any share In any form whatsoever in the profits or assets of the
1‘2
                 society as Such member. A nominal or sympathiser member shall ordi-
                 narily not have any of the privileges and rights of a member, but such
                 a member, or an associate member, may, subject to the provisions of
                 sub-seetion (8) of section 27,‘ have such p=~ivileges and rights and be
                 subject to such liabilities of a member, as may be specified in the bye-
                 laws of the society.
                      25. A person shall cease to be a member of a society on his
                 resignation from the membership thereof being accepted, or on the
                 transfer of the whole of his share or interest in the society to another
                 member, or on his death, or removal or expulsion from the Society.

No rights of          26. No person shall exerciSe the rights of a member of a society,
membership       until he has made such payment to the Society in respect of membership,
to be exer-
cised till due   or acquired Such interest in the society, as may be prescribed by the
payments         rules, or the bye—laws of such society.
are made,

Voting                27. (1) No membor of any society shall have more than one




                                                    e
powers of        vote in its affairs provided that, in case of an equality of Votes the
members.         Chairman shall have a casting vote.


                                              od
                      (2) Where a share of society is held jointly by more than one
                 person, only the person whose name stands first in the share certificate,
                                        aC
                 shall have the right to vote.
                      (3) A society, Which has invested any part of its funds in the
                                   di

                 shares of another society, may appoint one of its members to vote on
                 its behalf in the affairs of that other society; and accordingly
                              In


                 such member shall have the right to vote on behalf of the first
                 society.
                      (4)   A company or any other body corporate constituted under any
                 law for the time being in force which has invested any part of its funds
                 in the shares of a society may appoint any one its directors or officers
                 to vote on its behalf in the affairs of such society; accordingly such
                 director or officer shall have the right to vote on behalf of the company
                 or body corporate.
                       {5) Where a firm has invested any part of its funds in the shares
                 of a. society, any one of its partners shall be entitled to vote in the afiairs
                 of the society on behalf of the firm.
                       (6). A local authority or public trust Which has invested any part of
                 its funds in the shares of a sceiety, may appoint any of its members or
                 trustees, to vote on its behalf in the affairs of that society ; and accor-
                 dingly such person shall have the right to vote on- behalf of that local
                 authority or the public trust, as the case may be.
                     (7) In the case of a federal society, the Voting rights of individual
                 members thereof shall be such as may b0 regulated by the rules made
                 under this Act and the bye-laws, of the society.
                      (8) ‘I'x'o nominal, associate or sympathiser member shall have
                 the right to vote.
Restrictions         28. In any society, no member other than the State Government
on holding of    or any other society and agencies that may be authorised by the
shares.
                 State Government shall-—
           (a)   hold more than such portion of the total share capital of
                 the society (in no case exceeding one-fifth thereof) as may
                 be prescribed, or
           (b)   have or claim any interest in the shares of the society
              exceeding five thousand rupees ;
      Provided that the State Government may, by notification in the
 ()ll‘icial Gazette, specify in respect of any class of societies :1. higher
 or lower maximum than one-fifth of the share capital or, as the case may
 be, a higher or lower amount than five thousand rupees.
      29. (1) Subject to the proviSion of the last preceding section as          Restriction:
 to the maximum holding of shares and to any rules made in this behalf,          on transfer
 3. transfer of, or charge on, the share or interest of a member in the share    or charge 0 I)
                                                                                 share or
 capital of a Society shall be subject to Such conditions as may be              interest.
 prescribed.
       (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—




                                                               e
           (a)   he has held such share or interest for not less than


                                                         od
                 one year ;
           (b)   the transfer is made to a member of the society or to
                                                  aC
                 a person whose appiication for membership has been
                 accepted by the society.
                                              di

      (3) Notwithstanding anything contained in sub~Seciions (I) and
(2), where a. member is allowed to resign, or is expelled, or ceases to be a
                                            In


member on account of his being disqualified by this Act or by the
                                                                       rules
made thereunder or by the bye-Iaws of the society, the society may
acquire the share or interest of such member in the share capia’al by
paying for it at the Value determined in the manner prescribed, provided
that the total payment of share capital of a society in any financial
year for such purposes does not exceed ten per cent of the paid up share
mLpital of the society on the last day of the financial year immediate
                                                                      ly
preceding.
     Explanation :— The right to forfeit the share or interest of any
expelled .nember in the share capital by virtue of any bye-laws
                                                                of the
Hmsicty, shall not be affected by the aforesaid provision.
     (1)   Where the State Government is a member of a society the
wmriutions contained in this Section shall not apply to any transfer
nm'lu by it nfits share or interest in the capital of the society ; and
Hum, Howrnment may, notwithstanding anything contained in this
                                                                    Act,
wil iulmw from the society its share capital at any time, after giving to
Hm mmiety notice thereof not less than three months.
    :m,    (1)   On the death of a member of a society,        the society      Transfer of
shall trzuzehn- the share or interest of the deceased mem her to a person       interest on
                                                                                death of
or peramm n: minated in accordance With the rules, or, if no person
                                                                        has     member.
been so nominated, to such person as may appear to the eommite
                                                                   e, to be
the heir or legal representative of the deceased member :
   lzt

                              Provided that, such nominee, heir or legal represwtetive as the can
                          may be, is duly admitted as a member of the society ;                  ‘
                               Provided further that, nothing in this sub-section or in Section 2!
                          shall prevent a minor or a person of unsound mind from acquiring l.
                          inheritance or otherwise, any share or interest of a deceased member i
                          a society.                                                                                     .
                               (2)     Notwithstanding anything contained in Snb-section (I), an
                          such nominee, heir or legal repreSentative, a=- the cafe may be, mu
                          require the society to pay to him the value of the share or interest 0
                          the deceased member, ascertained in accordance With the rules.
                              (3)      A society may pay all other moneys due to the decease
                          member from the society to such nominee, heir or legal representatiw
                          as the case may be.
                              (4) All transfers and payments duly made by a society in accor
                         dance With the provisions of this section, shall be valid and efiectu




                                                            e
                         against any demand made upon the society by any other person.


                                                      od
 U        .
 where or In-
                              31. The share or interest of a member in the capital of a societ
 ter.“ not               or in the loanstoek, issued by a housing society, or in the funds, raise
                                                aC
 liable to               by way of savings deposit, shall not be liable to attachment or sale nnde
BWRChmOM-                any decree or order of a Court for or in respect of any debt or liabilit
                                       di

                         incurred by the member ; and accordingly .no person or authority unde
                         any law for the time being in force, shall be entitled to or have any
                                   In


                         claim on, such share or interest.                                     i
                     I
                     32. (1) Every member of a society shall be entitled to inSpect,i
Rights of
n; embers to    free of cost, at the Boeiety’s office during office hours, or any time fixedl
see books etc”? for the purpose by the society, a copy of the Act, the Rules and thei
                 i       bye-Iaws, the last audited annual                balance sheet, the profit and loss
             J        account, a list of the memb era of the committee, a register of members“!
                     =the minutes of general meetings, minutes of committee meetingsi
                     'and thosa portions of the books and resurds in which his transactions
                     3
                     g with the society have been :60 nded.

                             (2‘     A society shall furnish to a member, on request in writing
                         and on payment of such fees as may be prescribed therefor, a copy of
                         any of the documents mentioned in the foregoing snb-section within one
                         month from the date of payment of such fees.
                             33.      (1)       Subject to the provisions of Subsection (2), the liability
Lia‘bflity 0'             of a past member. or of the estate of a deceased member of a seeiety
past mem bet
and “ta“                 for the debts of the society as they stood,—
 i d         d                              .
?mm‘fxse                             (a)                                                    .
                                            1n the case of a past member, on the date on Which he
                                            ceased to be a member, and

                                     (b)    in the case of a deceased member,on the date of his death,
                                            shall, continue for a period of four yeats from such date.
                             (2)     Where a. society is ordered              to    be    wound   np        under any
                     provision of this Act,              liability   of   a        past   member       or     of   the
                                                                                      15

estate of a deceased member Who ceased to be aZmember 01' 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 stood on the date of his ceasing to be a member or
death, as the case be.
                                                                              Insolvency
     34. Notwithstanding anything contained in any law for the time           of members,
being in force, the dues of a society      from a member, in insolvency
proceedings against him, shall rank in order of priority next to the
dues payable by him to Government or to a local authority.
     35. (1) A society may, by resolution passed by three-fourths             Expulsion
majority of the members entitled to vote who are present at a general         of members.

meeting held for the purpose, expel a member for acts Which are
detrimental to the interest or proper working of the society.
    Provided that no such resolution shall be valid, unless the member
concerned is given an opportunity of representing his case to the
general body, and no resolution shall be effective unless it is approved
by the Registrar.
     (2) No member of a society Who has been expelled under the




                                                        e
foregoing sub-section shall be eligible for readmission as a member


                                                  od
of that Society, or for admission as a member of any other society
for a period of one year from the date of Such expulsion ;
                                            aC
     Provided, the Registrar may, on an application by the society
and in special circumstances, sanction the re-admission 0r admiseion,
within the said period, of any such member as amember of the said
                                        di

society 01‘ of any other society, as the case may be.
                                    In



                              CHAPTER IV
       INCORPORATION, DUTIES AND PRIVILEGES OF
                      SOCIETIES
                                                                              Societies to
       36.     The registration of society shall render it a body corporate   ‘be bodies
by the name under which it is registered, With perpetual succession and       corporate.
a common seal, and With poWer to acquire, held and dispose of pro-
perty, to enter into contracts, to institute and defend suits and other
legal proceedings, and to do all such things as are necessary for the
purpose for which it is constituted.
                                                                              Address of
     37. Every society shall have an address, registered in accordance        societies.

With the rules, to Which all notices and communications may be sent,
and the society shall send notice in writing to the Registrar of any
change in the said address, Within thirty days thereof.
                                                                              Register 0!
     38.     (1)   Every society shall keep a register of its members, and    members;
enter therein the following particulars, viz.
     (3,) the name, address and occupation of each member ;
     (b) in the case of a Society having share capital, the share held
          by each member ;
16
                                                                                                        mber ;
                                                          per           son was admitted as me
                             (0)   the date on Which each
                                                                                              a member ;
                                                                y person ceased to be
                             (d)    the date on Which an
                                                                      may be prescribed ;
                             (e)   such other particulars as                                             -
                                                                               under this Act, per
                                 ed   tha t,  wh er e a society has by or               to  an y  per son ,
                          Provid                                        erest on death
                          ed a me mb er  to  tra nsfer his share or int          nc er ne d the  na me  of
                     mitt                                                mber co
                                              o show against the me                              the date
                     the register shall als
                                                share or intere     st of the members, and
                     the person entitled to the was recorded.
                                                tion
                     on Which the nomina                                               dence of the date on
                                                          ll be prima-facie evi
                                                                                      p, and of the date on
                           (2)    Th e   Reg ist er   sha
                                                       admitted to membershi
                     which any person was
                                                     a member.
                     Which he ceased to be                                                         address of the
                                                 iet y   sha ll   kee p, at the registered                         list
                          . 39. Ever      y  soc                                       its bye—laWS, and a
 Copy of
                                 a cop  y  of  thi s Act   and the Rules and of                    cha rge ,   dur ing
 Act etc. to          Scele’oy                                                public, free    of




                                                                       e
                                                to inspection to the
 be open to           of members, open                              by    the  society thereon,


                                                               od
 inspection.                                           rs fix    ed
                      office hours or any hou                                                      register or list,
                                               co py   of    an  y   entry in any book,                           of a
                             40. (l)       A                                         d in the possession
 Admissibi-                                            course of business an
                                                       aC
                               rly  ke pt   in   the                                           y  be  pre scr ibe d,  be
 lity of copy          regula                                      in  such manner as ma
  of entry as                                 du ly   cer tifi ed                                             ad mi tt ed
                       society, shall, if                      existence of the entry
                                                                                           and shall be
  evidence.                        e  in evi den  ce  of  the                                        ord ed   in ev  er y
                                                                                 ons therein rec
                                                 di

                       admissibl
                           evi den ce  of   the   ma tters and transacti                  ori gin al ent ry  wo ul d, if
                       as                                                          h the
                                                        same extent to whic
                        case Where, and to the
                                            In


                                                       issible to prove         such matters.
                       produced have been adm
                                                                                te Government may by
                                            eas e of suc h societies, as the Sta                   y legal
                             (2)    ln the                                of a Society shall in an
                                l or spe cial ord  er direct, no officer            com pel led to pro duce
                        gen era
                                                    society is not    a party, be
                        proceedings to Which the the contents of which can be proved under
                        any of the society’s
                                               books,                         witness to prove the
                                                   on, or to appear as a
                        the foregoing sub-secti            ounts therein rec ed,
                                                                            ord     unless by order of
                                  tra nsa cti ons an d acc
                        matters,
                                                         for special cause.
                        the Court or a Judge made
                                                                                   on (1) of section 17
                                                          (b) and (c) of sub-secti
     Exemption               41, Nothing in elauSe                           y-
                                                  ion Act, 1903, shall appl
     from comv           of the Indian Registrat                                          iety, notwith-
     pulsory re-                                            rel ati ng to shares in a soc
                                                                                y consist in Whole or in
     gistration of                         y ins ti' ume nt
                                 (a) to an                        of the societ
     instruments                          standing that the assets ty ; or
     relating to
     shares and                           part of immovable proper
                                                                                               and not creating
     debentures                                                         ued by any society
     of society.                    (b)  to any debentures iss                           uis hin g any right, title
                                                            ign ing , limiting or exting
                                         dee  lar ing , ass                                    except in so far as
                                                                      immovable property,
                                          01‘ interest to or in                                         a registered
                                                                           the Security afi'orded by
                                         it entitles the holder to society has'mortgaged, conveyed or
                                          instrument whereby the                                     its immovable
                                                                          the whole or part or
                                          otherwise transferred                                 es up on trust for
                                                                       erest therein to truste
                                          property, or any int                        deb ent ure s ;  or
                                                                        ders of such
                                           the benefit of the hol
                                                                                              of any debentures
                                                an y   en do rsem en  t upon, or transfer
                                     (c) to                            y.
                                           issued by any societ
                                                                                              17
                                                                                     Power to
      42.      The State Government, by notification in the Official Gazette            exempt from
                                                                                      taxation.
may, in the case of any society or class of societies, remit-
        (a)      the stamp duty With which, under any law relating to stamp
                 duty for the time being in force, instruments executed by
                 or on behalf of a society or by an officer or member
                 thereof, and relating to the business of the societymy
                                                                               his
                 class oi such instruments, or awards of the Registrar or
                 nominee   or board of nominee s under this Act are respecti vely,
                 chargeable.
                                                                   law
        (b) any fee payable by or on behalf of a society under the
                 relating to the registration of documents and to court fees,
                 for the time being in force, and
                                                               thereof )
         (c)     any other tax or fee or duty ( or any portion
                                                                    for
                 payable by or on behalf of a society under any law is
                                                                 ment
                 the time being in force, Which the State Govern
                 compete nt to levy.
                                                                                     Restrictions
                                                                     rs
      43.      A society shall receive deposits and loans from membe                 on borrow-
                                                  such conditions,              as    insS.
and other persons, only to such extent, and under




                                                                 e
                                                 of the society.
r‘: ay be prescribed or specified by the bye-laws



                                                           od
                                                                                     Restrictions
                                                                     person
     44. (1) A cO-operative society shall not make a loan to any                     on loans.

              membe  r ; provid ed that with a genera l or Special sancti on
other than a                                                        anothe r
                                                    aC
                                           may  make    a loan  to
 of the Registrar, 3, Co-operative Society
co-operatiVe society.
                                                           (1), a co-
     (2) Notwithstanding anything contained in sub-Section
                                               di

                                                        his            deposit on
operative society may make a loan to a depositor Within
                                           In


its sec urity.
                                                                                      Restrictions
                                              transactions of a society              gon other tran-
    45. Save as is provided in this Act, the                                          sactions with
             other than members,  shall be subject to such restrictions,
with persons                                                                          non-mem—
if any, as may be prescribed.                                                         bets.

                                                                     st in           Charge and
      46.      A Society shall have a charge upon the share or intere and            of share or
                                                 deceased member,
the capital and on the deposits, of a member or                                      interest of
                                       payabl e to any such member in                member.
upon any dividend, bonus or profits,
                                                                     the society ;
respect of any debt due from Such member or his estate to
                                            ed or payable to such
 and the soeiety may set off any sum credit
 member in or towards payment of any such debt:
                                                                     upon
      Provided that,        no co-operative bank shall have a charge
                                             the provident fund
 any sum instead with it by a society out of       ; and no co-
                                                    e fund
 established by it under section 71, or its reserv
            bank shall be entitl ed to set off any such sum towards any
 operative
 debts due from the society.
                                                              any other law          Prior claim
      47. (1) Notwithstanding anything (contained) in                                of society .
         time being in force, but  subjec t  to  any prior claim of Govern.
for the
                                                              rable as land
‘ment in respect of land, revenue or any money recove
revenue and to the provis   ions of sectio  ns  60 and  61 of  the Code of
Civil Procedure, 19089
18
                                                                       g to a society by
                         (8.)     any debt or outstanding demand, owin            shall be
                                                                        member
                                  any member or past member or deceased
                                  a first charge,—
                                                                                 uce raised in
                                  (i)     upon to crop or other agricultural prod            n
                                                                                       a loan take
                                           Whole or in part Whether with or withoutmember or
                                           from the society by such member or past
                                           deceased member,——                  ,
                                                                                            or indus-
                                  (ii)     upon any cattle, fodder for cattle, agricultural
                                                                                  raw  mater ials for
                                           trial implements or machinery, or
                                                                                   place of business,
                                           manufacture, or workshop, godown or
                                                                                 er or past
                                           supplied to or purchased by such memb
                                                                        whole or in part, from
                                           member or deceased member in
                                                                                           to him by
                                            any loan Whether in money or goods made
                                            the society, and
                                                                                       have been
                                  (iii)     upon any movable property Which may
                                                           pledg ed or otherwise mort gage d by a
                                            hypothecated,
                                                                                          custody ;
                                     member with the society, and remaining in his




                                                         e
                                                                        payable to a     socie  ty by
                           (b) any outstanding demands or dues

                                                  od
                                                                        ased memb  er,    in  respe ct
                                any member or past member or dece                any   othe  r right s
                                                          purc hase   mone y  or
                                of rent, shares, loans or
                                            aC
                                                                           shall be  a  first   char ge
                                or amounts payable to such Society,               of the society.
                                upon his interest in the immovable property
                                                                         nt  in  respe  ct of dues
                         Explanation—The prior claim of Govarnme the purpose of sub-
                                      di

                                                                 icted for
                    other than land revenue, shall be restr
                                                                  member out of the funds in
                            In


                    section (1) to the 1[aSSets created by a
                                                                     .
                    respect of which the Government has a claim , which is subject to a
                         (2) No property or interest in property be transferred in any
                                                               n, shall
                    charge under the foregoing sub-sectio
                                  out  the  prev ious perm issi on of the society ; and such
                    manner with
                                                        condi tions , if any, as the society may
                    transfer shall be subject to such
                    impose.
                                                                n of snb-section (2) shall
                         (3) Any transfer made in contraventio
                    be Void.    -
                                                           ained in sub-sections (2) and
                         (4) Notwithstanding anything cont            osal of the produce
                                                                  ts the disop
                    (3), a society, which has as one of its objec     or may otherwise contract
                                               ide in its bye-l aws,
                    of its members, may prov
                    with its member,s—
                                                      shall dispose                   of his   produce
                           (a) that every such member
                                         through the society,    and
                                                                                ty of a 2[breach of the
                                (b)      that any member, who is found guil
                                                                                l reimburse the society
                                         bye—laws or of any such contract, shal
                                                                           man ner  as may be specified
                                         for any loss, determined. in such
                                         in the bye-laws.
                                                                       d in this Act or in any
     Charge on            48.         Notwithstanding anything containe
     immovable                                              g in force,—
     property of     other law for the) time bein
     members                                          Amendments ‘                         ipur Act No, 12
     borrowing
                                 d “ass ets” was subs tituted for the word "estate” by Man       '
     from certain   1, ' The wor
                       ..of 1984, section 2(i).                          “branch” by Mampur Act
     societies,                                 substituted for the word
                    2 x The word “breach” was
                                                 (ii),
                     ' No. 12 of 1984, section 2
                                                                                   19
            (a)     any person who makes an application to a society 'of
                    Which he is a, member, for a loan shall, if he owns any
                    land or has interest in any land as a tenant, makes
                   declaration in the form prescribed, such declaration shall
                   state that the applicant thereby creates a charge on such
                   land or in interest specified in the declaration for the pay-
                   ment of the amount of the loan which the Society may
                   make to the member in pursuance of the application and for
                   all future advances (if any) required by him which the
                   society may make to him as such member, subject to such
                   maximum as may be determined by the society, together
                   with interest on such amount of the loan and advances;
           (b) any perSOn who has taken a loan from a society of which
               he is a member, before the date of the coming into
               force of this Act, and who owns any land or has interest
                   in land as tenant, and who has not already made such
                   a declaration   before the aforesaid date   shall, as soon as
                   possible thereafter make a declaration in the form and
                   to the efiect    referred   to in clause (a),   and no such
                   person shall, unless and until he has made such declara-




                                                                   e
                   tion, be entitled   to exercise any   right as a member of



                                                               od
                   the society ;
           (e)    a declaration made under clause (a) or (b) may be
                                                                         Varied
                  at any time by a member, with the consent of the society
                                                         aC
                  in favour of which sueh charge is created ;
           (d)    no member shall alienate the whole or any part of
                                                                          the
                                                   di

                  land or interest therein, specified in the declaration
                                                                        made
                  under claUSe (a) or (b) until the whole amount, borrow
                                               In


                                                                           ed
                  by the member together with interest thereon, is repaid
                  in full ;
        Provided further that, if a part of the amount borrowed
                                                                by a
 member is paid, the General Financing Agency may, on
                                                       an application
 from the members, release from the charge created under
                                                         the declara-
 tion made under clause (a) or (b) such part of the movabl
                                                          e or immo-
 vable property specified in the said declaration, as it may deem
                                                                 proper,
 with due regard to the security of the balance of the amount
                                                              remaining
 outsta  nding from the member ;
          (e) any alienation made in 1[contravention of the provisi
                                                                    ons of
              clause (d) shall be void ;
          (f)     subject to the prior claim of the GOVernment in respec
                                                                         t
                 of land revenue or any money recoverable as land revenu
                                                                           e,
                 and to the charge ( if any ) created under an award made
                 under any law for the time being in force in any part
                                                                       of the
                 State, there shall be a first charge in favour of the society
                 on the land or interest specified in the declaration
                                                                        made
                 under clause (a) or (b) for and to the extent of
                                                                    the dues
                  owing by him on account of the loan.
                                      Amendments    ’
l.   The word “contravention” was substituted for
                                                  the word     “contravent” by
     Manipur Aot12 of 1984. See. 3.
20

                      (g) and in particular, notwithstanding anything contained i
                           the Manipur Land Revenue and Land Reforms Act, 1
                           or any corresponding law for the time being in force, h“
                           Records of Rights maintained thereunder shall also inelab
                           the particulars of every charge on land or interest creed
                           under a declaration under clause (a) or (b)
                    Explanation— For the purpose of this section, the eXprem't-
                “society” means—
                            (i)  any reSOurce society, the majority of the membersi
                                 which are agriculturists and the primary object of which
                                 is to obtain credit for its members, or
                           (ii) any society, or any class of societies, specified in this
                                behalf by the State Government, by a general or special
                                 order.
                     49. (1) A member of a. society may execute an agreement in




                                         e
Deduction
from salary     favour of the society provided that his employer shall be competent to


                                   od
to meet so-     deduct from the salary or wages payable to him by the employer, such
ciety’s claim
in certain      amount as may be Specified in the agreement, and to pay to the society
                the amount so deducted in satisfaction of any debt or other demand of
                             aC
case.
                the society against the member.
                     (2) On the execution of such agreement, the employer shall, if
                        di

                so required   by the society by a requisition in writing, and so long as
                the society does not intimate that the whole of such debt or demand
                    In


                has been paid, made the deduction in accordance with the agreement,
                and pay the amount so deducted to the society, as if it were a part of
                the wages payable by him as required under the payment of Wages
                Act, 1936 on the day on which he makes payment.               '
                     (3) If after receipt of a requisition made under the foregoing sub-
                section, the employer at any time fails to deduct the amount specified
                in the requisition from the salary or wages payable to the member
                concerned, or makes default in remitting the amount deducted to the
                society, the employer shall be personally liable for the payment thereof ;
                and the amount shall be recoverable on behalf of the society from
                him as an arrear of land revenue and the amont So due shall rank
                in priority in respect of such liability of the employer as a wage in
                arrears.
                     (4) Nothing contained in this section Shall apply to persons
                employed in any railways (within the meaning of the Constitution), and
                in mines or oil fields.



                                             CHAPTER V
                                     STATE AID TO SOCIETIES

Direct party         50. The State Government may subscribe directly to share capital
                                                                                     s as
nership of      of a society with a limited liability, upon such terms and condition
State Govt.     may be agreed upon.
in societies;
                                                                                              21

     51.         The State Government may, under appropriation make bye-             Indirect part-
                                                                                     nership of
 Iaw, provide moneys to society for the purchase directly or indirectly              State Govt.
 of shares in other societies With limited liability, (A society to Which            in Societies.
 moneys are so provided for the aforesaid purpose is hereinafter in this
 Chapter referred to as an ‘Apex Society”).

      52. (1) An Apex Society which is provided With moneys as                       Principal
                                                                                     state
 aforesaid shall, with such moneys, establish a, Fund to be called the               Partnership
 “Principal State Partnership Fund”.                                                 Fund.

      (2)        An Apex Society shall utilise the Principal State Partnership
 Fund for the purpose of——
      (a)        directly purchasing shares     in other societies With limited
                 liability ;
     (b)         providing moneys to a, Society to enable that society (herein-
                 after in this Chapter referred to as a “Central Society") to




                                                                   e
                 purchase shares in other societies with limited liability (the


                                                             od
                 latter societies being hereinafter in this Chapter referred to as
                 ‘ Primary Societies”).
                                                       aC
      (0)    making payable to the State Government in accordance with
                 the provisions of this Chapter ;
                 and for no other purpose.
                                                    di

      53.        (1)   A Central Society Which is provided with money by an          Subsidiary
                                              In


. Apex Society from the Principal State Partnership Fund shall, with                 Sta to
 Such moneys, establish a Fund to be called the “Subsidiary State                    Pat tnership
                                                                                     Fund.
 Partnership Fund”.

      (2)        A Central Society shall utilise the Subsidiary State Partnership
 Fund for the purpose of—-
     (a)         purchasing shares in Primary societies ;
      (b) making payments to the Apex Society in accordance With the
          provisions of this Chapter ;
          and for no other purpose.

      54. Shares shall not be purchased in a society from the moneys                 Approval of
 in the Principal State Partnership Fund or the Subsidiary State                     State Go-
 Partnership Fund, except With the previous approval of the State                    vernment for
 Government.                                                                         for purchase
                                                                                     of shares,

     55.         Where any shares are purchased in a society by—                     Liability to
                                                                                     be limited in
           (a)     the State Government ; or                                         respect of
                                                                                     certain
                                                                                     shares, Part-
        (b)        an Apex Society from the Principal State or a, Central Society    nership Fund,
                   from the Subsidiary State Partnership Fund, as the case
                   may be ;
   22

                   the liability in respect of such shares shall, in the event of the soder
                   of Which the shares are purchased is wound up, be limited to fit
                   amount paid in respect of such shares.
  Restriction           56. An Apex Society which has purchasad shares in other societ'n
  on amount
  of dividend.     from the moneys in the Principal State Partnership Fund, and a Cental
                   Society which has purchaSed shares in Primary societies from
                                                                                         th
                   moneys in the Subsidiary State Partnership Fund, shall be entitled
                   only to such dividend on the said shares as is declared by
                                                                              the society
                   concerned and is payable to other share holders of that society.
  Indemnity
  of Apex and          57.    (1)   If a society in which shares are purchased from the
  Central         Principal State Partnership Fund is wound up, or is dissolved. the
  Societies.      State Government shall not have any claim against the Apex Society
                  which purchased the shares in respect of any loss arising from such
                  purchase ; but the State Government shall be entitled to any moneys
                  received by the Apex society in liquidation proceedings or on dissolution,




                                                 e
                  as the case may be.


                                           od
                       (2) If a society in which shares are purchased from the Subsidi
                                                                                         ary
                  State Partnership Fund is wound up or dissolved, neither the State
                                     aC
                  Government nor the Apex Society shall have any claim against the
                  Central Society Which purchased the shares, in respect of any loss arising
                  from such purchase; but the Apex society shall be entitled to
                                di

                                                                                any
                  money received by the Central society in liquidation proceedings
                                                                                   or on
                             In


                  dissolution, as the case may be, and such moneys shall be credite
                                                                                    d to
                  the Principal State Partnership Fund.
 Disposal of           58. (i) All moneys received by an Apex society in respect of
 share capi-
 tal and
                  shares of other societies purchased from the moneys in the Principal
 dividend etc.    State Partnership Fund on redemption of such shares, or by way of
                  dividend or otherwise, shall be credited to that Fund.
                       (2) All moneys received by a Central society in respect of shares
                 of Primary Societies purchased from the moneys in the Sn bsidiary State
                 Partnership Fand on redemption of such shares, or by way of dividends
                 or otherwise, shall in the first instance be credited to that fund, and
                 then transferred to the Apex society Which shall credit them to the
                 Principal State Partnership Fund.
                      (3)    All moneys and dividends referred to in sub—section (1) and
                 (2) shall, notwithstanding that the shares stand in the name of the
                 Apex society or the Central society, as the case may be, be paid to the
                 Sate Government.
                      (4)    Save as provided in sub-section (3), the State Government
                 shall not be entitled to any other return on the moneys provided by
                 it to an Apex society under section 51.
Disposal of           59. (1) If an Apex society Which has established a Principal
principal or     State Partnership Fund is wound up or dissolved, all moneys to the
subsidiary
state part-      credit of, or payable to that Fund, shall be paid to the State Government.
nership fund          (2) If a Central society Which has established a Subsidiary State
on winidng
up of Apex       Partnership Fund is wound up or is dissolved, all moneys to the Credit
or Central       of or payable to that Fund shall be paid and credited to the Principal
society,         State Partnership Fund, from Which it received moneysunder clause
                 (b) of sub-section (2) of Section 52.
                                                                                                23

     60,         Any amount to the credit of a Principal State Partnership          Principal or
Fund or a Subsidiary State Partnership Fund Shall not form part                     subsidiary
                                                                                    State Part-
of the assets of the Apex society or the Central society as the case                nership Fund
may be.                                                                             not to form
                                                                                    part etc.

     61.         Subject to the foregoing provisions of this Chapter—               Agreement
                                                                                    by State
           (a)    the State Government may enter into an agreement With             Govt, and
                                                                        an          Apex Socie-
                  Apex society setting out the terms and conditi
                                                                   ons on           ties.
                  which it shall provide moneys to the Apex society for the
                  purpose specified in Section 51.
          (b)     an Apex society may, with the previous approval of the
                  State Government, enter into an agreement with a Central
                  society setting out the terms and conditions on Which it shall
                  provide moneys to that Society from the Principal State
                  Partnership Fund for the purp08e specified in clause (b) of
                  sub-section (2) of section 52.
     62.         Notwithstanding anything contained in any law for the time




                                                                     e
                                                                                   Other forms
being in force, but subject to such conditions as


                                                               od
                                                     the State Govern-             of State aid
ment by general or special order may specify in this                               to societies.
                                                      behalf, the State
Government may—
                                                        aC
          (a)     give loans to a society ;
         (b)      guarantee the payment of the principal of debentures
                                                    di

                  issued by a. society, or of interest thereon, or both,
                                                                         or the
                  repayment of the share capital of the society to its membe
                                                                             r ;
                                                   In


                  or the payment of dividend thereon at such rate as
                                                                        may
                  be Specified by the State ;
         (c)      guarantee the repayment of loans given by a. Co—ope
                                                                      rative
                  Bank to a society ;
         (d)      guarantee the repayment of the principal, and payment
                                                                             of
                 interest on, loans and advances given by the Reserv
                                                                      e Bank
                 of India, or the Industrial Finance Corporation of
                                                                    india, or
                 any other authority constituted under any law for
                                                                     the time
                 being in force ; or
         (e)     provide financial assistance, in any other form
                                                                   (including
                 subsidies), to a society.
    63.         The provisions of sections 51 to 61 (both inclusive) in
                                                                      this
Chapter shall have efl‘ect notwithstanding anything inconsistent therewi            Provisions of
contain in any other law for the time being in force.                   th         this Chapter
                                                                                   to override
                                                                                   other laws.


                                   CHAPTER VI
                    PROPERTY AND FUNDS OF SOCIETIES
    64.         No part of the funds, other than the net profits
shall be paid by way of bonus or dividend,
                                                                of
                                                          a society
                                           or otherwise distributed                Funds not to
amon its memb
     g               ers ;                                                         be divided.
24

                      Provided that, a member may be                  paid   remuneration on      such
                 Scale as may be laid down by the bye-laws, for. any services rendered
                 by him to the society.
Appropria-           65. (l) A society earning profit, shall calculate the net profit by
tion of pro-     deducting from the gross profits for the year, all accrued interest
fits.
                 which is overdue for more than six months, establishment charges,
                 interest payable on loans and deposits, audit fees, working expenses
                 including repairs, rent, taXes and depreciation, and after providing
                 for or writing off bad debts and losses not adjusted against any fund
                 created out of profits. A society may, however add to the net profits
                 for the year, interest accrued in the preceding years, but actually
                 recovered during the year.           The net profits thus arrived at, together .
                 with the amount of profits brought forward from the previous year,
                 shall be available for appropriation.
                     (2) A society shall appropriate its profits to the reserve fund or
                 any other funds, for payment of dividends to members on their 2
                 shares, for contribution to the educational fund of the State Co-operative




                                                 e
                 Union Which may be notified in this behalf by the Registrar,                       for


                                           od
                 payment of bonus on the basis of support received from members and 3
                 persons       Who   are not members to         its     business, for       payment of
                                     aC
                 honoraria, and towards any other purpose which may be Specified j
                 in the rules or bye-laws.
                      Provided that no part of the profits shall be appropriated except
                               di

                 With the approval of the annual general meeting and in conformity
                 With the Act, Rules and Bye-laws.
                       In


                      66. (1) Every society Which does, or can, derive a profit from its
                 transactions, shall maintain a reserve fund.
Reserve
Fund.                 (2) In the case of a Resource or Producer’s society at least
                 one-fifth of the net profit of the Society each year, and in the case of -
                 any other society at least one-tenth of the net profits of the society each
                 year, shall be carried to the Reserve Fund; and such reserve fund 3
                 shall not be used in the business of the society or may, subject to
                 the provisions of section 70, be invested, as the State Government may
                 by general or special order direct, or may, With the previous sanction ‘
                 of the Registrar, be used in part for some public purpose likely to
                 promote the objects of this Act, or some such purpose of the State, or
                 of local interest.
Butrictions           67. No society shall pay            dividend to its members at the rate
on dividend.
                 exceeding 9 per cent.
Contribution         68. 1[(1) Every society shall contribute annually towards the
to sduca.‘       Education Fund of the Manipur State Co-operative Union which may
                 be notified in this behalf by the State Government at such rate as
tional fund
of the State
Co-operative _   may be prescribed and different rate may be preScribed for different
Union,           societies or classes of societies depending on their financial conditions]
                       ’[(2)    Every society shall pay its contribution to the said fund,
                 within two months ,from the date on which its accounts are adopted
                                                      Amendments
                 1 and 2. These sub-sections of section 68 were substituted by Manipur Act 12 of ‘
                           1984, see. 4,   (1) and (2).                        .        .
                                                                                              25
 by the general meeting, Any officer wilfully failing to comply with
 the requirement of this section shall be personally liable for makinggood
 the amount to the Manipur State Oo-operative Union,”]

      69.         After providing for the reserve fund as provided in Section 66,    Contribution
 and for the educational fund as provided in section 68, a Society may                to public
 set aside a sum not exceeding twenty 'per cent, of its net prefitsand                 purposes.
utilise, with the approval 'of the State» Cesoperative Union as may be
notified by the State Government in this behalf from time to time, the
‘whole or part of such sum in contributing to any Co-operative purpose,
or any charitable purpose within the meaning of section 2 of the
Charitable Endowments Act, 1890 or to any other public purpose.
     70. A Society shall invest or deposit its funds in one or more of               Investment
                                                                                     of funds.
the following :—
           (a)     in a Central Bank, or the State Co-operative Bank ;
           (b)     in any of the securities specified in section 20 of the Indian




                                                                       e
                   Trustee Act, 1882 ;



                                                                 od
       (c)     in the shares, or security bonds, or debentures issued by
               any other society With limited liability ;
                                                           aC
           (d) in any banking company, approved for this purpose by the
               Registrar, and on such conditions as the Registrar may
               from time to time impose ;
                                                       di

           (e) in any other mode permitted by the rules, or by general or
                                                  In


               special order of the State Government.
     71.         (1)   Any society may estabiish for its employees a provident       Employees’
fund, into Which shall be paid contributions made by its employees and               provident
                                                                                     fund.
by the society. Such provident fund shall not be used in the business
of the society, nor shall it form: part of the assets of the society ; but
shall be invested under the provisions of the last preceding section, and
shall be administered, in the manner prescribed.
      (2) Notwithstanding anything contained in the foregoing subsection
a provident fund estabiished by a society to which the Employees’ Pro-
vident Fund Act, 1952 is applicable shall be governed by the Act;



                                    CHAPTER      VII
                          MANAGEMENT OF SOCIETIES
    72. Subject to the provisions in this Act and the Rules, the final              Final an -
authority of every secie‘ty shall vest in the- general body of members in           thority of
a general meeting, summoned in such a manner as may be specified in                  society.
the rules and the bye-I—aws. _
    '73.     The management ofevery society shall: vest in. a Board consti‘         The   am:-
tuted in accordance With this Act, the rules and bye«laws, Which shall              and unctianl
exercise suehipowers and perform such; duties as may be. _eonferred-- or            of the Board.
imposed byfthis Act. the rules: and-thebyex-laws.
26
Term    0‘         i                                          (2).   The BOard Will. have a term of three years from the date of
ofl‘ice.
                                                 assuming charge of then office.                    No member can hold office beyond
                      two terms consecutively. This provision Will not apply in the case of
                   i. Governmentnominees :
                           Provided that the term of a Board may be extended by general
                   i
                   i

                      or speclal order of the Registrar 1[till fresh elections are held by the
                                         ions are made by the Registrar under sub-section                                                    (4).
                   ii sooiety or nominat
Election of    _   (3) efore one month of the date of expiry of the terms mentioned
the members  / insu    ction (-), the Co-operative Society shall call an annual general
of the Board   meeting to elect members of the Board of management and thereupon
                                                                                                                         on the
             /                                             the members so elected shall assume the charge of their office
                                                           expiry of the term of theretiring Board :                                   ~ "
             t                                                 'Provided that ‘the election ’of the members of the Board of
                                                           management shall be conducted by an independent body or authority
                                                                                                                                and
              \                                            constituted by the Registrar in the manner prescribed in the rules




                                                                                            e
                                                           b. laws.


                                                                                    od
                                                                                                                                the
 $133313                                                        ”[(4) If the society fails to call the general meeting to elect
                                                                                                                   ed in sub-section (2), the
 hem of the                                                members of the Board of management as provid
                                                                                                                      bye-laws
                                                           Registrar may nominate Such persons as under the rules and
                                                                             aC
  Board.                                                                                                                      of management
                                                           are qualified for being elected as members of the Board
                                                                                                                         rs of the
                                                           and the members so nominated shall replace the elected membe
                                                                        di

                                                           Board of management on    the expiry of their terms.
                                                                                                                        the society
                                                                The Board so nominated Will manage the afi'airs of
                                                                     In


                                                                                        order, Which  period may, at the discretion
                                                           for a period specified in the
                                                                                                        ; so, however, that the
                                                        of the Registrar, be extended from time to time
                                                                                                   the aggregate.”]
       .                                               ' tal period does not exceed two years in
 Constitution                                                                                                 society shall be
                                                       .        73.A. (I) The Board of management of the
 of the Board.
                                                                                      er of members as may be  Specified by the
                                                           constituted with such numb
                                                           rules and bye-laws :
                                                                                                                    scheduled tribe
                                                                Provided that the members of the scheduled caste,
                                                                                                                 d in the Board by
                                                           and small farmers shall proportionately be represente
                  w<~<-vn.»..;-w....... “luau“.mA M.




                                                                                                     be presc ribed in the rules and
                                                           reservation of seats in the Board as may
                                                           bye-laws:                                                 ,
                                                                                                                     employees and workers
                                                                Provided further that the representatives of
                                                                                                        shall] be included in the
                                                           '[of the concerned oo-operative institution
                                                                                       rules and bye-l aws.
                                                           Board as may be provided in
                                                                ‘[(2) Where the State Government—
             )



                                                                                                                              entation of
                                                                      (a)    has assisted indirectly in the formation or augm
                                                                             the share capital of a society, or
                                                                                                                      co-operative
                                                                      (b)    has subscribed to the share capital of a
                                                                            society,   or

                                                                                              Amendments
                                                                                                         word "will" by Man, Act 12 of 1984, .
                                                               The word "til ” was substituted for the         _
                                             Peer




                                                               sec. 5.                                .                                           "
                                                                                                        Words in the same snb—seetion of the
                                                               These words Were substituted for thesec. 5 (4),
                                                               principal Act by Man. Act 12 of 1984,’
                                                                                                           "may” by Man. Act 12 of1984, sec, 6(i)
                                                               Those words were substituted for the wordMan. Act 12 o! 1984, see. 6(ii).          .
                                                              (2) This subsection was substituted   by
                                                                                            27

              (c)   has guaranteed in repayment of principal and payments
                    of interest on loan and advances to a co-operative society,
      the State Government or any authority specified by it in this
behalf, shall have the right to nominate to the Board, GOVernment
officials expert in the line (of the activities of the cooperative societies)
to the extent of one third of the total number of its members or thlee
members whichever is less:
     Provided that the nominees of the State Government or of the
financing bank or other cooperative institutions shall not be entitled to
vote at election.]
    1[(3) No person shall, at the same time, be a member of the
Board of more than one society of the same type or category and more
than three societies of different types or categories.]
    “[(4) No person shall be eligible for being elected or appointed or            No defaulting
continued as a member of the Board or any committee if he is in default            member or
in repayment or payment to any society, including co-operative ban 1;,             the surety of
                                                                                   a defaulter is
in respect of any loan or any sum due from him either as borrower or               eligible to
surety for a period exceeding three months and no member of the Board              hold office in
or committee who has ceased to hold office as Such under this sub-                  the Co—op.




                                                                  e
                                                                                   Institution.
secution shall be eligible for a period of one year from the date on Which


                                                           od
he ceaSed to hold office, for re-election or appoinment as member of
the Board or, as the case may be, committee of that society or for
election or appointment to the Board or committee of any other
                                                     aC
society. ”]
      '74. The qualifications for the appointment of a Manager, Secretary,
                                                 di

                                                                                   Appoint-
Accountant or any other officer of a society shall be such as may from              ment   of
time to time, be prescribed.                                                       Manager,
                                             In


                                                                                   Secretary and
                                                                                   other office
      (2)     The State Govt may nominate a Government servant not                 bearers.
below the rank of class—II officer            to work as Managing Director]
General Manager/Manager as the case may be of a Co-operative Ins--
titution wherein the State Government have contributed to its share
capital, guaranteed loans to the tune of Rs. 3,i= lakhs (Rupees three lakhs)
or above or if the society has incurred loss to the extent of 25 p.11.
of its paid up capital. The officer so nominated shall be deemed to
be on deputation With the society and his salary and allowance as deter-
mined by the State Government shall be paid from the fund of‘ the
society. The. officer- 80 'deputed shall be the ex-offioio member of the '1-
Board and shall have the right to vote. The officer shall be the Chief
Executive Officer of the society and have the following assignments ;
amongst others: «—
        (a) I‘o have general ‘[cont-rol ovar the administration of the
                society.
          (b)   To eonVen'e meetings of the management Board and General
                Body.                                               "“
                                 I Amendments
1. & 2,  (3) and (4) These sub-sections were substituted by Man. Act 12 of 1984,
         section 6 (ii)
 3.   The word was inserted by Man. Act 12 of 1984, see. '7 (i).
 28

                              (c) To receive all moneys and «securities on behalf of the society
                                  and to make arrangements for the proper maintenance and
                                  custody of cash balance and. other- properties m“ the
                                     institution,                                7
                              ('d‘) To endorse and transfer promissory notes, Government seen:
                                     rities and to endorse, sign and negotiate cheque and other
                                     negotiable instruments on behalf of the institution.
                              (6)    To be responsible for the conduct, supervision and manage;
                                     ment of the day to day business and 1'[tran8aetion of the
                                     sxociety=
                              (f)  To sign all deposits, receipts and operate the accounts of
                              _ . thesooiety with banks.
                               (g) To sign bonds, and agreement in favour of the society:
                              (h) To determine the powers, duties and responsibilities of the
                          ,          employees of the society.
                              (i)    To institute, ?[eonducm defend compound or abandon any
                                      suit or other' legal proceedings by or against the society or




                                                          e
                                     otherwise concerning the affairs of the society and also to


                                                    od
                                     compound and allow time for payment or satisfaction of
                                     any claims or demand by or against the society:
                                             aC
                              (j)    Subject to the regulations if any, Which may be framed by
                                     by the Board to enter into negotiations and Sanction coma
                                     tracts the value of Which may be determined by the Board
                                      di

                                     from time to time,
                               In


                              (k)     To delegate all or any of the said powers to an employee
                                      or employees of the society subject to the ultimate control
                                      and authority being retained by him.
Constituition
of common              (3) The Registrar may constitute a common cadre authority/Soeiety
service per.      or maintaining cadres of personnel for employment asSeeretaries/Mana.
sonnel of         ger-s/other- paid-employees of the Co-operative Institutions,
co-operative
Institution;

Annual
general                 75.         (1) Every society shall, Within a period of threemonths from
mee ting,         the closeof the» co-operative year call an annual general meeting of its
                  members :                        ‘             «3
                       Provide that, the Begis ar, may by general or special order, extend
                  the period 1- holding such eetings for av’further period not exceeding
                  three mo he:            i
                        Provideil further that if in the {pinion of the Registrar, no'such
                  extension is necessaryfiorsuch rnee’tifi/gfi—0is not called by the society within
                  the period specifiettt or Within tf‘éxtended period, if any, granted by
                31mm, the Registgefif or any 996011 authoriSed by him may eall§sueh
                                        "’           "H   Amendments
                   1:   The Word “transaction” was s11bstituted“for the word‘"ettention” by Maniptir
                        Act 12 of1984, sec. 7 (ii).
                   2. The word “conduct” ayes substituted for the word "conduce” by Menipur
                      Actl? Of 1984, sec. ’7, (iii).
                                                                               29‘
   meeting in the man     prescribed, and that meeting shall be deem
   be a general meet' g duly called by                               ed to
                                       the society.
       (2) At every annual general meeting of
  lay before the society a balance sheet and       society, the Board shall
                                               profit and loss account for
  the year in the manner, prescribed by
                                              the
  special order for any class or classes of socie Registrar by general or
                                                 ties.
        Explanation :1—- In the ease of a society
                                                  not carrying on business
  for profit, an income and expenditureaceou
  socie
                                               nt shall be placed before the
       ty at the annual general meeting inste
                                              ad of profit and loss account;
  and all references to profit and
                                     loss account, in this Act shall
  construed in relation to
                         such society as references, resPeetive          be
  the “income OVer expenditure” and                             ly to
  income”.                            “excess of expenditure over
                                                                 '
       (3)    There shall be attached to every
                                           balance sheet laid before
  the society in the general meeting, a
                                        report by its Board, with
  respect to (a) the state of the society’s
                                              afi'ai
 any, which it proposes to carry to any rs; (b) the amounts, if




                                                                e
 balan
                                        reserve either in such
      ce sheet, or any specific balance sheet


                                                          od
                                             ; and (c) the amounts,
 if any, which it recommends, shoul
                                    d be repaid by way of dividend,
 bonuS, or honoraria to honorary workers.
                                              The Boar
                                                d’s report shall also
                                                      aC
 deal with any charges, Which have
                                     occurred during the year for
 Which the accounts are made up
                                in the nature of society’s» business.
 The Board’s report shall be signed
                                                 di

                                    by its Chairman 'or any other
 member authorised to sign on behal
                                    f of the Board as may be
 prescribed by the rules and the
                                           In


                                 bye-laws.
     (4:) At every'annual general meet
and loss account, the auditor’s repo ing, the balance sheet, the profit
                                     rt and the Board’s report, shall
 be placed for adoption, and such
                                      other business, including consi-
deration and review of loan given to
near relatives and other employee
                                       membersof theBoard and their
                               s of the society fortaking 01' direc
to take action to recover any                                       ting
                              due in ease-of resource society
transacted as may be laid down in the bye-laws                  Will be
notice has been given.                         and of Which due

     (5)     If default is made,
                               in calling a.general meeting with
pericd,('or, as the case may be,‘                                in. the
eub-seem                                      ,   ' Xprescribed under
                                  fim   g), (3.) or (4), the
Registrar may by order declare,
                                to any       officer or member of the
Board whose duty it was
                                to call such a meeting to com
sub-sections (2), (3) or (4), and                             ply with
                                   who without reasonable excu
to com ply with any of the aferesaid'                         se failed
                                        subsections disqualified for bein
perimi not exeeeding three year
                                  s, as he may specify in such an
and, 1f the officer is a servant to                                   order
                                   the society, impose. penalty on’
an amount not exceeding one hun                                     him to
                                   dred rupees. Before making an
under this sub-section the
                             Registrar                               order
a reasonable opprtunity to           shall give, or cause to be give
                             the peracn concerned of sho             n, L
against the action proposed                                wing cause
                            to be taken in regard to him.
 30

                         (6)   Any penalty imposed under sub-section (5) or under the next
                   succeding section, may be recovered in the manner provided by the
                   Code of Criminal Procedure, 1973, for the recovery of fines imposed
                   by a Magistrate, as if such fine was imposed by the Magistrate
                   himself.
                        1[(7) No defaulting member or his surety, who is in default in
                   payment of any loan or payment of any sum due to any society,
                   including co-operative bank, for a period exceeding three months shall
                   be entitled to vote in the general meeting of the society, including co-
                   operatiVe bank, and no such peracn shall be eligible to be a member of
                   the Board or committee of anyeo-operative institutions.”]
Special gene-            76.   (1)   A special general meeting may be called at any time
ral meeting.
                   ”L... by the Chairman or by a majority of the Directors and shall be
                   called within one month--—-
                             (i) on a, requisition in writing of one-fifth of the members of




                                                      e
                                   the society or of members the number of which is specified


                                               od
                                   in the bye-laws for the purpose, whichever is lower, or
                             (ii) at the instance of the Registrar ; or
                                        aC
                             (iii) in the case of a society, which is a member of a federal
                                     society. at the instance of the Board or Committee of such
                                     Federal Society.
                                     di

                         (2)   Where any officer or a member of the Board, Whose duty it was
                               In


                   to call such a. meeting, the Registrar may by order declare such officer
                   or members disqualified for being a member of the Board for such period
                   not exceeding three years, as may specify in such order!; and if the
                                                                            a. penalty
                   officer is a. servant of the society he may impose on him
                   not exceeding one hundred rupees.           Before making an order under this
                                                                                          le
                   sub-section, the Registrar shall-give, or cause to be given a reasonab
                   'opportunity to the person concerned of showing cause against the action
                    proposed to be taken in regard to him.
                        (3) If a. special general meeting of a society is not called in
                   accordance With the         requisition referred to in sub-seetion (1) the
                   Registrar or any persan authorised by him in this behalf, shall have
                   power to call such meeting,        and   that meeing shall be deemed to be a
                   meeting duly called by a. Board.
                        (4) The Registrar shall have poWe: to order that the expenditure
                   incurred in calling a. meeting under snb-section (3), shall be paid out
                   of the funds of the society or by such persons who, in the opinion
                   of the Registrar, were responsible for the refusal or failure to convene
                   the meeting.‘              - '
                        77. (1)    No act of the society or cominittee or any officer done
Act of socie~      in good faith in pursuance of the business of the society shall be deemed
ties etc. not to
                   to be invalid by reason only of some'defect subsequently discovered in
                    the organisationpf the smiety,‘ or. in- the constitution of the Board, 01‘
be invalidated
by certain
defects.           in the appointment or electionvof an offi‘eer, or on the ground that such
                   officer was disqualified for his office.
                                            A        Amendment
                                                                                           of the
                   1.   These words were substituted for the words in the same sub-section
                        Principal Act by» Manipur Act 12 of 1984, sec. 8.                 9.
                   2. The words "of the time” were omitted by Man. Act 12 of 1984, see.
                                                                                          31
      (2)    No Act done in good faith by any person appointed under this
 Act, the rules and the bye-laws shall be invalid merely by reasons-of
 the fact that his appointment has been cancelled by or in consequence
 of any order Subsequently passed under ‘ this Act, rules and the
 bye-laws.                                       '         '   ‘
      (3)    The Registrar shall be the authority to decide if any act was
 done in good faith in pursuance-of the business of the society ; and his
 decision thereon shallbe final.
                                                                    ‘

     78.     (1)   If, in the opinion, of the Registrar, the Board of any\         Supersession
 society persistently makes default, or is negligent, in the performance '3        0f Bwrd-
 of the duties imposed on it by this Act ‘or the Rules of the bye-laws,
 or commits any act Which is prejudicial to the interests, of the Society
 or its members, or Wiilfully disobeys directions issued by him for' the
 purposes of securing proper implementation of Co-operative production;
 and other development programmes approved or undertaken by Govern-sfi
 ment, or is otherwise not functioning properly, ,the Registrar may, after
giving the Board an opportunity of stating its objects, (if any). Within




                                                                   e
fifteen days from the date of issue of notice by order in writing remove



                                                               od
the Board, and :—-
 iv" (a)    appoint a Board, consisting of three or more members of the
                                                       aC
            society, in its place, or
   y appoint one or more administrators, Who need not be members
                                                     di

            of the society, to manage the affairs of the Society for a. period
            (not exceeding 'two years) specified in the order. Which period
                                                 In


            may, at the discretion of the Registrar, 'be extended from time
            to time,   so however that the total period does not exceed
            f 111' yeers in the aggre ate.           W
     (2)    The Board or administrator so appointed shall, subject to the
control of the Registrar and to such instructions as he, may from
time to time give, have power to exercise all or any of the functions of
the Board or of any officer of the society, and take all such action as
may be required in the interest of the Society.                         '
     (3)    If at any time during any period, Wfiended ~1;_e1'iod]referred
to in sub-section (1;, it appears to the Registrar, that it is no longer
neceSSary to continue to'carry on the affairs of the society as aforesaid,
the Registrar, may by an order published in the Official Gazette, direct
that the management shall terminate ; and on such order being made,
the management of the Society shall be handed over to a new Board
duly constituted.
    (4)     The Committee or administrator shall, at the expiry or termi-
nation of its or his terms of office. arrange for the constitution
                                                                  of a.
new Board in accordance with the bye-Iaws of the society.
    (5) A11 acts, done or proposed to be done by the Commi‘tee
                                                                      or
administrator during the period the affairs of the society carried
                                                                   on by
the Committee or administrator appointedflunder. subséctionzu
                                                                        ), shall
be binding on the new Board;                 '       I '
   32,
  Board of ma-
  nagemeat                  (6)   The entire Board of Directors of a Central Co-operatve Bank,
  automatic            Urban Co-operati-ve Bank and Primary Land Development Bank and
  disqualifica-         Primary Agricultural Credit Co-operative Society shall stand
  tion.                                                                             automa-
                       tically disqualified if the amount of default or the total number of de-
                       faulters exceeds 60 13.0. of the total demand or the total number of indeb‘
                       ted societies/membere in the case of Central Co-operative Bank,
                                                                                           Urban
                       Co-operative Bank and 70 p. c. of the tote} demaind/or the total number
                       of indebted members in'the case of primary Agricultural credit co-ope:
                       rative Societies for a. continuous period of 2 (two) years.
                           (7)    On being discovered or      declared to be disqualified under
                       sub-section (6).
                           The Registrar shall appoint a Speeial officer who should be charged
                       with the responsibility for managing the affairs of such Banks/Primary
                      Society as long as is necessary but not exceeding 2 (two) years.
                           The officer. appointed in‘ the Bank or in the society shall be Vested




                                                      e
                      with the powers of Registrar under section 156'in respect of individual


                                                od
                      defaulters at the primary level.
                           If the position of the overdues of the institutions whose manage-
                                          aC
                      ment is entrusted to the special officer does not improve even after the
                      tenure of two years, the management of the institution shall not be res.
                                     di

                      tored to the elected representative and alternative intstitutional arrange-
                      ment should be made for the provision of agricultural credit and the
                                  In


                      tenure of the office of the special officer may be extended by one year.
                      Necessary arrangement should be made for liquidation of the society
                      and for extension of the area. of an adjoining viable society so
                      as to enable the. latter to meet the credit needs of the non-defaulters and
                      new members from the area or the Bank may by-pass the society and
                      may undertake to finance the cultivators directly through its branch.
 Registrar's               (8) ‘All the Cooperative Institutions registered are to submit
power to
enuul the pro-        proceedings of the general body, Board of management and any other
ceedings of           committees and subcommittees to the Registrar, Oo-operetive Societies
                                                                                           ,
Co-cpez‘ative         Manipur within 15 (fifteen) days from the date of the meeting.        If in
Institution.
                      the opinion of the Registrar there is anything in the proceedings which
                      is contrary to the provisions of the Act and Rules and the bye-laws
                                                                                            of
                      the society. he may annul such proceedings by an order in writing
                                                                                          but
                      of course he Ihall issue a show cause notiee to the concerned officer or
                      the Board etc,
Power to                   1['78.A. Notwithstanding anything contained in this Act, if
suspend or
 dissolve the
                      the State Government on receipt of a report from the Registrar,
existing Board        Co-operative Societies or otherwise is satisfied that- the manage-
 or to recons-    ment of a. Society has not been in accordance with the provisions
 titute a new
 Board,
                  of the Act and creditors of the societies have, for justifiable reasons,
                  raised repeated objections to the method and manner of the manage
                  ment and further that, the management of society, if allowed to
                  continue as Such may likely cause irreparable loss and injury to the

                                                       Amendment
                 1:    Section 78A was inserted newly by Manipur Act 7 of 1985, see: 2_
society and the public in general, the State Government may, by a.
notification in the Official Gazette susgengiihgmfiqard for a period not
not exceedingfli2 months at a time and (three years in the *WhOlBQOI'
dissolve the Bohrd: 6‘ ’ ““vW‘yw ’ V ' '
                                                                where
     Provided that When the Board is suspended or dissolved, or
term of such a Board becomes expired, the State Government may
appoint as Adminstrator to exercise and perform the powers and duties
of the Board during the period of suSpension 01- till a new Board is
reconstituted as the case may be.]
                                                                              Registrar’s
     ’79. (1) The Registrar may direct any Society or class of Rocietiee,     power to en-
to keep proper books of accounts with Teepeet to all sums of money            force perfor-
received and expended by the society and the matters, in respect of           mance of
                                                                              obligations.
Which the receipt and expenditure take place, all sales and purchases
of goods by the society, and the assets and liabilities of the society,
and to furnish such statements and returns and to produce such records
as may be required from time to time ; and the officer or officers of the
Society shall be bound to comply with his order within the period




                                                           e
specified therein.



                                                     od
     (2) Where any society is required to take any action under this
Act, the rules or bye-iaws, or to comply with an ordervmade under the
                                              aC
foregoing sub-section and such action is not taken :—
       (a) within the time provided in this Act, the rules or the
                                          di

            bye-laws, or the order, as the case may be, or
       (b) where no time is so provided, within such time, having
                                      In


            regard to the nature and extent of the action to be taken as
            the Registrar may specify by notice in writing, the B egistrar
            may himself, or through a person authorised- by him, take
            such action, at the expense of the society ; and such expense
            shall be recoverable from the society as if it were an arrear
             of land revenue.
     (3)   Where the Registrar takes action under sub-section (‘2), the
Registrar may call upon the officer or officers of the society, whom he
considers to be responsible for not cemplying with the provisions of
this Act, the rules or the bye-laws, or the order made under subsec-
tion (1), and, after giving Such officer or officers an opportunity of being,
                                                                 e
heard, may require him or them to pay to the society the expenSe
                                                            their
paidbr payable by it to the State Government as a result of
failure to take aetion anti to pay to the assete of the society such sum
not exceeding twenty-five rupees as the Registrar may think fit, for
 each day until the Registrar’s directions are carried out.
     80.   (1)   Where the Registrar is satisfied that the books and           Registrar’s
                                                                              power ~.to
 records of a society are likely to be suppressed, tempered with or           seize recotde
 destroyed, or the funds and property of a Society are likely to be           etc.
 misappropriated or misapplied, the Registrar or the person antheriised
 by him may apply to therEXecutiVe Magistrate within whose jurist
 diction the society is functioning for seizing and taking posseseienof the
 records and property of the society.
 34

                       (2\   On receipt of an application under sub-subtion (1), the
                 Magistrate may authorise any police offier,        not below   the rank of
                  a Sub-lnspector, to enter and search any place where the recerds and
                  property are kept or likely to be kept, and to seize them and hand
                  over possesion thereof to the Registrar or the person authorised by
                  him, as the case may be.



                                                  CHAPTER VIII

                        AUDIT, ENQUIRY, INSPECTION AND SUPERVISION
Audit,                 81.   (1)   The Registrar shall audit, or cause to be audited by a
                  person authorised by him by general or special order in writing in this
                  behalf, the accounts of every society at least once in a year.
                       (2) The audit under the foregoing sub-section shall include an
                  examination of overdue debts, if aay, the verification of the cash




                                                  e
                  balance and securities, and a. valuation of the assets and liabilities of
                  the Society.


                                          od
                       (3)   The Registrar or the person authorised shall, fix the purpose
                  of audit, at all times have access to all the books, accounts, documents,
                                    aC
                  papers, securities, cash and other properties belonging to, or in the
                  custody of the society, and may summon any person in possession or res-
                                   di

                  ponsible for the custody of any such books. accounts, documents,
                  papers, securities, cash or other properties, to produce the same at any
                             In


                  place either at the headquarters of the society or any branch thereof.
                       (4)   Every person Who is, or has at any time been, an officer or
                  employee of the society, and every member and past member of the
                  society, shall furnish such information in regard to the transactions
                  and working of the society as the Registrar, or the person authorised
                  by him, may require.
                       (5)   The auditor appointed under sub-section (1) shall have the
                  right to receive all notices, and every communication relating to the
                  annual general meeting of the society and to attend such meeting
                  and to be heard thereat, in respect of any part of the business with
                  which he is concerned as auditor.
                      (6) If it appears to the Registrar, on any application by a society
                 or otherwise, that it is necessary or expedient to te—audit any account of
                 the society, the Registrar may, by order provide for such re-audit and
                 the provisions of this Act applicable to audit of account of the society
                  shall apply to such re-audit.

Rectification          82. 1f the result of the audit held under the last preceding section
0’5 defeats in   disclosed any defects in the working of the society, the society shall
accounts.
      0
                 Within three months from the date of the audit report, explain to the
                 Registrar the defects or the irregularities, pointed out by the auditor
                 and take steps to rectify the defects and to remedy irregularities and
                 report to the Registrar, the action taken by it, thereon.   The Registrar
                                                                                                       35
     may also make an order directing the society or its officers to take such
 action, as may be specified in the order to remedy the defects, within the
     time specified therein.
          83.         (l) The Registrar may, of his own motion, by himself, or by a
                                                                                            Inquiry by
 person duly authorised by him in writing in this behalf, hold an inqulry                   Registrar.
     into the constitution, working and financial conditions of a society.
          (2) The Registrar shall hold such an inquiry—
               (a)     on the requisition of amember society in the case of an
                       affiliating society, or
               (b) 011 the a pplication
                                     , b y the majority of the members of the
                       Board of the somety, or
               (e)     on the application of one-third of the members of the society,
                       or
           (d)         on the requisition of the creditors repreSenting half of the
                       borrowed capital of the society.
         (3)         (a)   All officers, members and past members of the society in
 respect of which an enquiry is held, and any other person who, in the
 opinion of the officer holding the inquiry is in possession of informa-




                                                                           e
tion. books and papers relating to the Society, shall furnish such infor-


                                                                     od
mation as is in their possession,and produce all books and papers relating
to the society which are in their custody or power and otherwise give to
                                                            aC
the officer holding an inquiry all assistance in connection with the
 inquiry which they can reaSOnably give.
                                                        di

         (b)         If any such person refuses to produce to the Registrar or any
 person authorised by him under sub—section (1), any book or papers
                                                  In


 which it is his duty under clause (a) to produce or to answer any
 question which is put to him by the Registrar 01' the persan authorised
 by the Registrar in pursuance of sub-elause (a) the Registrar or the
 person authorised by the Registrar may certify the refusal and the
 Registrar, after hearing any statement Which may be olfered in defence,
 punish the defaulter With a. penalty not exceeding five hundred rupees.
  Any sum imposed as penalty under this section shall on the application
_ by the Registrar or the person authorised by him, to a Magistrate
  having jurisdiction, be recoverable by the Magistrate as if it were a fine
 imposed by himself.
         (4)         The remit of any inquiry under this section shall be commu-
 nicated to the society whose affairs have been investigated.
      (5) It shall be eempetent for the the Registrar to withdraw any
 inquiry from the officer to whom it is entrusted, and to hold the inquiry
 himself 01' entrust it to any other person as he deems fit.
         84.         1[(1) The Registrar may, of his own motion or on the appli-
 cation              of a creditor of 'a society        inspect or direct any person,       Inspection
                                                                                            of books of
 authorised by him by order in writing in this behalf, to inspect books,                    indebted
 cash and other property of the society :                                                   society.
                                      Amendments
1,     The subsection was substituted       for   the   Subsection   (1) of section 84 by
       Menipur Act No. 12 of 1984, sootions 10. (l),                 ' '
36%
                                                                        made on the application
                              Provided that no such inspection shall be          that a debt is
                                                                       Begistrar
                       of a creditor unless the applicant satisfies the
                                                        dema nded  yaym ent thereof and has not
                       still due to him and that he has
                       received satifaetion Within a rezieenable time]
                                                                      results of" any such
                            3[(2) The Registrar ehali eemmunieate the
                       inSpeetion,—~
                                                                        his awn motion, to the
                                 (a)    where the insyection is made of
                                         society ;
                                                                                applicatien 03" a credi~
                                 {b}     Where the inspeetion is made on the
                                         tor, to the crediter and the society.”]
                                                                                       trar to Withdraw any
                                       {3)     It shall be competent for the Regis
                                                                         it is entrusted, and to
                        nrder 0i inSpeetieu from the officer to whomn as he deems nt.
                        inspect himself er entrust it te any other Eersj
                                                                     r section 83 or an insPeetion
 Costs of in-                85. (1) Where an inquiry is iaeis} unde




                                                               e
                                                                     the Registrar may apportion
 quiry and              is made under the East preceding section;


                                                         od
 impaction.                                           coast s, as he  may  think just between the
                        the cost or such part of the
                                                                      g the inquiry or inspection,
                        society, the members or creditors demandin
                                                                memb  ers  or past members or the
                        the officers or former officers and the
                                                   aC
                                                                           society ;
                        estates of the deceased members of the
                                Provided that ~~—
                                             di

                                                                                        shall be made
                                  (a) no order 'of *[apportinnment of the costs           or the legal
                                                                                 perso ns
                                   In


                                            this section, unless the
                                             under                   societ y or
                                                                                             pay the costs
                                             representative of the deceased person liable to
                                                                                    or  has  or have had
                                             thereunder, has or have been heard,
                                             a reasonable opportunity of  being heard ;
                                   (b) the Registrar shalll state in writing the grounds on Which
                                     the costs are apportioned.
                                                                                               be incurred,
                               (2) No eXpenditure from the funds of a society shall
                                                                           in.   suppor t   of  any appeal
                         for the ,piirpese 0f defraying any ensts                               order made
                                                           than   the  societ   y agains  t an
                         preferred by any person other
                         under the forego  ing sub-se ction.
                                                                                                   preceding
      Recovery of              86. Any sum awarded by way of costs under the last
                                                                               tion  by  the  Registr ar to a
      003 ts,             section, may be ieeevered, on any applica
                                                    ction in  the  place where      the person   from  Whnm
                          Magistrate having jurisdi
                                      is elaimab le   ??mides   er   carries     on   busines s, and such
                          the money
                                                                                               same manner
                          Magistrate shall proceed to recover the same in the
                         as if it were a fine imposed by himself.
        tegistrar to             87.         (1)   If the result of any inquiry held under section 83 or an
      bring defects                                           section 84    discloses    any defects   in tho
      disclosed in     . inepection made under
      inquiry or                                                 Amendments
                                                                                                 by Manipur
      inspection to            This subsection was substituted fer sub-section (2) ef section 84
       notice of               Act 12 of 1984, sec.10, (2).
                                                                                                      ment”
       society.          9
                         a.    The Word “apportionment” Was substituted for the word “appoint
                               by Menipur Act 12 of 1984, See. 11.
                                                                                                ‘1
                                                                                                C)":
                                                01' the books of a snciety,
constitution, working anti financial condition
                                               notice  of the society. The
the Registar may bring such defects t0 the
                             order  direct ing the  societ y or its officers to
Registar may alse make an                                                  defects,
                                                  to remedy the
take such action as may be syeeifieai in the order
within the time syeeified therein.
                                                                 the date
     (2)       The society concerned may, Within sixty days from
                                                              subsection,
                                               the foregoing
of any order made by the Registar under
appeal again st it to the State Government .
                                                   ing the agipeal, annui,
     (3) The State Government may, in decid
reverse, modify 0?; confirm, the order  of the Regist rar.
                                                                  sed in the course
     (4:)        If a society fails to rectify the defects disclo          tiiy the
                                              81 or             fails te-rec
0f 01‘ as a. result of an audit under seetien
                                              where no appea      l has been made
defects as directed by the ItVt:‘istrai‘, and
t0 the State Government Within            the time specified in sub—seetion (3)
                                                                 has not annuled,
or where on the appeal so 1’: ade the State Governi‘nent         take steps
reversed       or modified the order, the Registrar may himseii‘
                                              the costs i’mm the officer
to have the defects rectified, and may recover
                                   his opinion,  has or have failed to




                                                                         e
or officers of the society Who,  in
 rectify the defects.


                                                                  od
                                                                 an audit under
      88. (1) Where in the course of or as a result of                                    Power of the
                                         n 83 or an   inspec tion  under section
 section 81 or an inquiry under sectio
                                                            aC
                                                                                          Rigistar to
                        of a Society , the Regist rar  is satisfi ed en the basis          asfless dama-
 8% or the winding up
                                                        ised to make
 of the repett made by the auditor or the person author
                                                                                          ges against
                                                                                          delinquent
                                                       di

                                                                books
                                                               inspect the
 inquiry under section 83 or the person authorised to                                     promoters,
              n 84 or the liquid ator  under   sectio  n  105 0: otherwise that           etc.
 under sectio
                                                   In


                                                 ovgani  sation  or management
 any person who has taken any part in the
                               ed   or past  0‘6  {aresen t officer of the saceity
 of the society or any deeeas
                                                               audit, inquiry,
 has Within a neriod of five years prior to the date of such
 inepeetion, or order for Windinv   up,  miSapp lied  01' retain ed or become
                 table for, any  money   or breach   of  trust in relation to
 liable or accoun
                                                                  him in that behalf
 the society, the Registrar 0:- person authorised by
                                   such   person   01'  person  s,   and after» giving
 may frame charges against
              opport unity  to the   persnn   concer    ned   and     in the case ef a
 reasonable
                                              Who   inherit   s  his estate, to answer
 deceased person to his representative
                         order  requir ing  him  to  repay      or restor e the money
 the charge, make an
            ty at any  part  thereo f,  With interes   t  at  such   rate as the Regi»
 or  proper
                                                                     determine, 01‘ to
  star or the person authorised under this section may
                         to the  assets of the  Societ   y by   way’e  f compensation
 contribute such sum
                                                            sanee   or  breach of trust
 in regard to the misapplieatien, retentien, misfea
  as he may determine.
        (‘2)      The Registrar or the persan authorised under            subsection
                                                              therein for
  {1) in mating any order under this section, may provide
                                      thereof , as he thinks just, and he
  the payment of the cost or any part
                                                                 ed from
  may direct that such cost or any part thereof shall be recover
  the person. against whom the order has been issued.
                                                                          is one
           (3)     This section shall apply, notwithstanding that the act
   for which the person concerned may. be criminally responsible.
38
                                                                by him When acting
                    89. The Register or the person authorised
                                                             to  summon and enforce
Power to en-
                under section, 84 or 88 shall have the power       compel the produ—
force atten-                                          evidence 01‘ to
                the attendance of any person to give
                                                         object by the same means and
dance. etc“
                etlon of any document or other mater ial
                                                                  a Civil Court under the
                                                                   of
                m the same manner as is provided in the case
                Code of Civil Procedure, 1908.
                                                                     ral or special order,
Constitution         '90-     (1)   The State Government may, by gene    ribution of such
                                                    of societies to make cont
of recogni-     r30.11111‘6 of a society or a class                                         nt
tion of fede-   sum ever     y year  as may  be fixed  by the Registrar towards the recoupme
                                                              t or any       person authorised
ral authority
                9f expenditure Which the State Governmen r, in respect of supervision
to supervise
                m that behalf has incurred or is likel y to incu
working of
societies:      of societies.
                                                         (1) is applicable shall pay to
                     (2) A society to which sub-sectioncribed Within a reasonable time
                such authority such fee as may be  pres
                                                                    time, the authority
                                                 fee Within a resonable
                and if it fails to pay such




                                                       e
                                                      ar of land revenue.
                may recover it as if it were an. arre



                                                 od
                                          aC
                                      di

                                                  CHAPTER 1X
                                    In


                                        DISPUTES AND ARBITRATION

                                                                                      law     for
                                                            ng contained in any other
                       91.      (1) Notwithstanding anythi                         , election
  Dispute.
                                                 pute touching the constitution
                 the time being in force, any dis                 tin g,  man   age  ment or
                                              duct of general mee
                 of the office bearers, con                 by any of   the   parties   of the .
                                                     rred
                 business of a society shall be refe      ch the soci ety  is  affil iated, or I
                                                  ety to Whi
                  dispute, or by a federal soci                                      ies thereto
                                        soci ety, to the Registrar, if both the part
                  by a. creditor of the
                                                   ing :—-
                  are one or other of the follow
                                                                                         past or 5
                                                        , any past committee; any
                        (a) a seeiety, its committee                             eSCn tat- ive ol‘ 3
                                                             heir or legal repr
                             present servant 01' nominee,                        ser      vant ol'
                                                         eased agent or deceased
                                any deceased officer, dec               ety ;
                                                               r of the soci
                                the. society, or the Liquidato
                                                                                        ough :1. a
                                                             or a. person claiming thr
                        (b)     a member, past member                                  ety, or a -
                                                                 eased member of a Soci
                                member, past member 91' a éec            ety ;
                                                                   soci
                                society Which is a member of the
                                                                  of the society, Who has been
                        (e)     a. person, othel‘ than a member                                baa
                                                                 or with whom the society
                                granted a loan by the society,         isio ns of Sect ion 43, and
                                                             the  prov
                                or had transactions under                    ;
                                                                h person
                                any person claiming through suc
                                                                                    bel, or
                                                         t member or a deceasad mem
                        (d)     a Surety of a member, pas           has been granted aloan
                                                                     who
                                a person other than a member Whether such a surety is or
                                by the  society under sec tio n 45,
                                                                 y ;
                                is not a. member of the societ
                                                                                            39

     (e)      any other society, or a, Liquidator of such society.
     (‘3)     When any question arises Whether for the purposes of the
foregoing sub-Section, a matter referred to for decision is a, dispute or
not, the question shall be considered by the Registrar, whoSe decision
shall be final.
     (3)      Save as otherwise provided under Sub-section (3) of section 93
no Court shall have jurisdiction to entertain any suit or other procee—
dings in respect of any dispute referred to in sub-section (1).
     Explanation 1-—A dispute between the Liquidator of a society and
the members (including past member or nominee, heirs or legal represen-
tatives of deceased members) of the same society shall not be referred to
the Registrar under the provision of sub-seetion (1).
     Explanation 2-For the purposes of this sub-section a dispute
shall include :——
              (i)    a~c§aim by or against a society for any debt or demand
                     due to it from a member or due from it to a member, past
                     member or the nominee, heir or legal representative of a
                     deceased member, or servant or employee Whether such




                                                               e
                     a. debt or demand be admited 01' not ;


                                                         od
              (ii)   a. claim by surety for any sum     or demand due to him
                     from the principal borrower in respect of a. loan by a
                                                   aC
                     society and recovered from the Surety owing to the
                     default of the principal borrower, Whether such a. sum or
                                              di

                     demand be admitted or not ;
                                          In


              (iii) a claim by a, society for any loss caused to it by a.
                    member, past member, or decased member, by any officer,
                    past officer or deceased officer, by any agent, past agent
                    or deceased agent, or by any servant, past servant or
                    deceased servant, or by its committee, past or present,
                    Whether such loss be admitted or not ;
              (iv) a. refusal or failure by a. member, past member or a,
                     nominee heir or legal repreSentative of a deceased member
                     to deliver possession of a. land or any other asset resumed
                     by it for breach of conditions of the assignment.
    92.       (1)    Notwithstanding anything contained in the Indian Limi-
tation Act, 1963, but subject to the specific provisions made in this Act,
                                                                                   Limitation
the period of limitation in the case of a. diapute referred to the Registrar
under the last proceedings section shall—
        (a)     when the disPute relates to the recovery of any sum, in-
                cluding interest thereon, due to a. society by a. member
                thereof, be computed from the date on which such member
                dies or ceaSes to be a, member of the society ;
        (b)      When the disputeis between a. society or its committee, and
                 any past committee, any past or preSent officer, or past or
                  present agent, 01' past or present servant or the nominee,
40

                             heir or legal representative of a deceased officer; deceased
                             agent 01‘ (ieoeased servant of the society, or a member, or
                             past member, or the nominee, heir or legal representative of
                             a deceased member, and when the ‘dispute relates to any act
                              of omission on the part of either party to the dispute, be
                             :ix years from the date on Which the act of omission With
                             reference to which the dispute arose, took place ;
                     (0)      when the dispute is in respect of any matter touching the
                             eenstitution, management or business of a. society which has
                             ordered to be Wound up under section £02, ox‘in respect of
                             which a- nominated committee or an administrator has been
                             appointed under section 78 be six years from the date of the
                             order iasued under Section 102, or section 78 as the case
                             may be ;




                                            e
                     ((1)    when the dispute is in respect of an election of an office-



                                      od
                             bearer of the societv,   be one month from the date of the
                             declaration of the result of the election.
                                aC
                   (2)      The period of limitation in the case of any other dispute
              except these mentioned in the foregoing snb-section which are required
              to be referred to the Registrar under the last preceding Section shall
                            di

              be regulated by the provisions of the Indian Limitatien Act, 1963, as
              if the dispute were a suit, and the Registrar 3. Civil Court.
                   In



                   (3)      Notwithstanding anything contained in sub-seetions (1) and (2)
              the Registrar may admit a dispute after the expiry of the limitation
              period, if the applicant satisfies,the Registrar that he had sufficient cause
              for not referring the dispute within such period and the dispute so
              admitted shall be a dispute which shall not be barred on the ground
              that the period of limitation had expired.

Settlement         93. If the Registraris satisfied that any matter referred to him
of dispute,   or brought to his notice is a dispute within the meaning of section 91
              the Registrar shall, subject to the Ruies, decide the dispute himself
              or refer it for disposal to a nominee or a Board of nominees, appointed
              by the Registrar.
                    (2) Where any dispute is referred under the foregoing sub-section
              for, decision to the Registrar’s nominee or Board of nominees the
              Registrar may at any time, for reasons to be recorded in writing, With-
              draw such dispute from his nominee or board of nominees, and may
              decide the dispute himself“ or refer it again for decieinn to any other
              nominee, or board of nominees appointed by him.
                   (3) Notwithstandinganything contained in section 91 the Registrar
              may, if he thinks fit, suspend proceedings in regard to any dispute, if
              the question at issue between a society and a claimant or between
              different claimants, is one involving complicated question of law and
              fact, until the question has been tried by a .reguiar suit instituted by
              one of the parties or by the society. If any such suit is not instituted
                                                                                              41

Within two months from the Registrar’s order suspending proceeding,
the Registrar shall take action as is provided in sub-seotion (1)
    94.      (1)     The Registrar, or his nominee or board of nominees,             Procedure
                                                                                     for settle-
hearing a. dispute under the last preceding section shall hear the dispute           ment of dis-
in the manner prescribed, and shall have power to summon and enforce                 putes and
attendance of witnesses including the parties interesteci or any of them             power of
                                                                                     Registrar,
and to oompel them to give evidence on oath, affirmation or affidevit,                 his nomineo
and to compel the production of documents by the same mean: and as                   or board of
far as possible in the same manner, as is provided in the ease of a Civil            nominees.
Court by the Code of Civil Procedure, 1908.
     (2)     Except with the permission of the Registrar or his nominee or
boardof nominees, as the case may be no party shall be representative
at the hearing of a dispute by a legal practitioner.
     (3) (a) If the Registrar or his nominee or board of nominees is
                 satisfied that a person, whether he be a member of the
               society or not, has acquired any interest in the property of
               any person who is a party to a. dispute, he may order that
               the person Who has acquired the interest in he property
               may join as a party to the dispute ; and any decision that




                                                                  e
               may be passed on the reference by the Registrar or his


                                                            od
               nominee or board of nominees shall be binding on the party
               so joined in the same manner as if, he were an original
                                                      aC
               party to the dispute.
           (b) Where a dispute has been instituted in the name of the
               wrong person or where all the defendants have not been
                                                 di

                   included, the Registrar or his nominee or board of nominees
                   may at any stage of the hearing of the dispute. if satisfied
                                             In


                   that the mistake was bonafide, order any other person to
                   be substituted or added as a plaintifi or a defendant upon
                   such tems as he think: just.
           (0)     The Registrar, or his nominee or board of nominees may, at
                   any stage of the proceedings, either upon or without the
                   application of either party, and on such terms, as may
                   appear to the Registrar, his nominee or board of nominees,
                   as the case may be to be just, order that the name of any
                   party improperly joined whether as plantifi' or defendant, be
                   struck out, and that the name of any person who ought to
                   have been joined whether as plaintifi' or defendant or whose
                   presence before the Registrar, hie nominee or board of
                   nominees, as the case may be, may be necessary in order
                   to enable the Registrar or his    nominee or    the board of
                    nominees efi'eetually and completely to adjudicate upon and
                   settle all the questions involved in the dispute, be added.
            ((1) Any person who is a party to the dispute and entitled to more
                   than one relief in respect of the same cause of action may
                   claim all or any of such reliefs ; but if he omits to claim for
                   all Iueh reliefs, he shall not "forward a. claim for any relief
                    80;.omitted except with the" leave of the Registrar, his
                   nominee or board of nominees.
42

Attachment            95    (i)   Where a dispute has been referred to the Registrar 01
before award
(and interlo-   his nasminee or Board of Nominees under sention 93 or under section ion:
cutory or-      or where the Registrar or the person authorised under section 88 heart;
ders).          a person against whom charges are framed under that section, tho‘E
                Registrar or his nominee or board of nomieees, as the case may be, the;
                person so authorised under section 88 if satisfied on enquiry or otherwisé‘,
                that a party to sueh dispute or against Whom proceedings are pending
                under section 88 with ‘ [intent to defeat] delay or obstruct the execution;
                of any award or the carrying out of any order that may be made— E
                      (1)   is about to diSpose of whole or any part of his property, "g
                      (b)   is about to remove the whole or any part of his propert.f
                            from the jurisdiction of the Registrar, may, unless adequa ;
                            security is furnished, direct conditional attachment of the said;
                            properéy, and such attachment shall have the same efiect 1%
                            if made by a competent Civil Court.                             2




                                                     e
                                           od
                     (2) Where the Registrar, his nominee or board of nominees 03%
                the person authoriSed under section 88 directs attachment of properta
                                   aC
                under the foregoing subaaeution, he shall issue a notice calling upon the;
                person Whose property is 30 attached to furnish. security Which me
                thinks adequate within a. specified period ; end if the person fails tcé
                                  di

                provide the security so demanded, the Registrar or his nominee 032%
                board of nominees or as the case may he, the person authorised undoé
                            In


                section 88 may r-onfirm the order and, after the decision in the dispute;
                or the completion of the proceedings referred to in the foregoing subé
                section may direct the disposal of the property so attached towards thug
                claim if awarded.
                      (3)   Attachment made under this section shall not efi‘eet tho righting,
                subsisting prior to the attachment of the property, of persons ME.
                parties to the proceedings in connection with which the attachmentlté
                made, or bar any person holding a. decree against the person whoué
                property is so attached from applying for the sale of the property undné
                the attachment in execution of such decree.                             g
                      (4)   The Registrar or his nominee or board of nominees or the;
                person authorised under section 88, as the case may be, may in ordcg
                to prevent the ends of justice being defeated make such interlocutorg
                orders pending the decision in a diapute referred to in sub-aection (If
                as may appear to be just and convenient.                              “
                                                                                             mum in men, e




                                                     Amendment-

                1.   These words wave mbstituted for the words “intent the defeat” by Man, A"?‘
                     No. 12 of 1984.   Section l2.
                                                                                               4?)
       96, 3{The Registrar or his nominee or the board of nominees                   Decision of
  may, after giving the parties to the dispute reasonable opportunity of             Register or
  being heard, make an award on the dispute, on the expenses incurred                his nominee
                                                                                     or board
 by the parties to the dispute in connection With the proceedings, and               of nominees.
 the fees and expenses payable to the Registrar or his nominee or, as
 the case may be, board of nominees ; and such an award shall not be
 invalid merely on the ground that it was made after the expiry of the
 period fixed for deciding the dispute by the Registrar, and shall subject
 to appeal or review or revision, be binding on the parties to the
 disPnte.”]
        97:      Any party aggrieved   by any decision of the. Registrar or his      Appeal aga-
                                                                                     inst decision
 nominee or board of nominees under the last preceding Section, or an                of Register
 order passed under Section 95 may Within two months from the date                   01‘ his nomi-
 of the decision or order, appeal to the Tribunal.                                   nee or board
                                                                                     of nominees.
        98.      Every order passed by the Registrar or a, person authorised
by him under sectien 88 or by the Registrar, his nominee or board of                 Money how
nominees under section 95 or 9,}, every order passed in appeal under                 recovered.
the last preceding section, every order passed by a, Liquidator under
section 105, every order passed by the State Government in appeal




                                                                   e
 against orders passed under section 105 and every order passed in


                                                             od
 revision under section 154:, shall, if not carried out—
                                                      aC
          (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. decreee of such court, or
                                                 di

           (b?    be executed according to the law and under the rules for
                                            In


                  the time being in force for the recovery of arrears of land
            revenue ;
     Provided that any application for the reQOVery in such manner of
 any sum shall be made to the Collector, and shall be accompanied by a,
certificate signed by the Registrar, such application shall be made
within twelve years from the date fixed in the order and if no such
date is fixed, from the date of the order.
      99. Any private transfer 01' delivery of, or encumbrance or charge             Private
                                                                                     transfer of
011, property made or created after the issue of the certificate of the               property
Registrar or Liquidator, as the case may be, under section 98 shall be               made after
null and void as against the society on Whose application the said                   issue of
                                                                                     certificate
 certificate Was issued.                                                              void againlt
                                                                                     society.

     100. (1) When in any execution of an order sought to be execu-
                                                                                     Transfer of
ted under section 98, any property cannot be sold for want of buyers,                property
if such property is in occupancy of the defaulter or some perSOn in                  which een-
his behalf, or of some person claiming under a. title created by the                 not be sold.
defaulter subsequently to the iSSue of the certificate of the Registrar
or Liquidator under clause (a) or (b) of section 98, the Court, Collector

                                    Amendments
1..   These words were substituted for words in the same section 91' the principal
      Act by Men, Act 12 of 1984, section 13,
N“
“3»
            or the Registrar, as the case may he. may, notwithstanding anything
            contained in any law for the time being in mate, direet that the eaid
            pfflperty 01‘ any yortion. thereef shalt he treheiferred t0 the Society Which
            has applied for the ezeeutiea of the mid order, in the manner
            prescribed.
                 (2) Where property is tr. nsterreai to that» society under the fore-
            going sub-sec tien, or where 'px‘operty is 801d under section 98, the Court,
            the Collector 01' the Registrar, as the eeSe be, may, in accordance With
            the rules, piece the Society or the purehz-teer, as the (332.5272 may be, in
            possession of the property transferred or 3036;
                 (3)    Subject to such rules as may Ee made is this heheif, and to
            any rights, encumbrances, eharges 01’ eguitiee QaWfiLHy subsisting in
            favour of any person, such praqaerty or portion theseof shall be held
            under sub-section (1) by the said seciety on such terms and conditions
            as may be agreed upon between the Gourt, the Coileeter or the Registxet,
            as the case may be, and the aii society. Subject to the general or
            special orders of the State Govei‘hment, the {‘Soiieeter or the Registrar




                                              e
            may delegate to an officer, net below the rank of the Sub-S‘ieputy



                                        od
            Collector or the Assistant Registrar, powers exercisab‘ie by the Collector
            01‘ the Registrar under this seeti=;n.
                                  aC
5”“,st D;        101.    (1) Notwithstam‘ii‘hg eseything     centaihed in sections. 91, 93
wrap 1mm.   and 98 on an apphcation mace by a resource society, undertaking the
                              di

            financing of agriculturists towerds       providing of their seesanal repuire=
            ments, for recovery ef arears ef any sum advanced and on its
                         In


            furnishing a statement of accounts in respect of the arrears, the
            Registrar, may, after making such inquiries as he deems fit, grant a.
            certificate fer the recOVery of the amouh‘t stated therein to he due as
            arrears of revenue.
                 (.2) Where the Registrar is satisfied that e. reeuurce society has
            failed to take action under the feregeing eub-seetion in respect of
            arrears of any sum advanced by it to any of its mem bers, the Registrar
            may, of his own motion, after making such inquiries as he deems fit,
            grant a certificate for the recovery of the amount stated. therein to be
            due as arrears of revenue, and such           certificate shall. be deemed. to
            haVe been issued at if on an appiieetien made by the Society concerned.

                 (3) A certificate granted by the Begietrar under enb-Seetion (1)
            or (2) shall be final and a conclusive proof of the arrears stated to be
            due therein, and the same shall be recoverabie aceording to the law
            for thejtime being in force for the recovery of land revenue.

                 (4)    Notwithstanding anything       contained in this Act, the provis
            sions of subsections (1), (2) and (3} shah, mutatis mutandie, ePPEY              E
            to the I'eeeVery of medium term leaner!                                          :
                                   (JHAPTEB X

                                 LIQUIDATION

    1(32.    (1) If the RegiStrar,—
       (3.) after an inquiry has been held under section 8 or an                  Winding L11).
            inspection has been made under section 84c 01' en the report
             of the Auditor auditing the accounts of the society, 01'
      (b) on receipt of an application made upon a. resolution carried
              by three-fourths of the members of the society present
              at a special general meeting called for the purpose, 01'
       (c)    of his own motion, in the ease of a society Which»
              (i)      has not commenced working, or
             (ii)      has ceased working, or
             (iii)     possessas shares or members’ (iepoeits not exceedihg




                                                                    e
                       five hundred rupees, or


                                                              od
             (iv)      has ceased to comply With any couditiens as to re-
                       gistration and management in this Act or the rules or
                                                        aC
                       the bye-laws, is of the opinion that a. society ought to
                       be wound up, he may-issue an interim order directing
                it “be be Wound up.
                                                   di

    (2) A copy of such order made under sub-section (1) shall be
                                               In


communicated, in the prescribed manner, to the society calling upon
it to submit its exyienebion to the Registrar Within a, month from the
date of the issue of such order, and the Registrar, on giving an opportu-
nity to the society of being heard, may issue a. final order, vacating or
confirming the interim order.
     103.     When an interim order is passed under the last preceding
                                                                                  Appoint-
seetion or a. final order is passed under that section for the winding             ment of
up of a. society, the Registrar, may, in accordance with the rules,               Liquidator .
appoint a persen to be Liquidator of the society, and fix his
remuneration.
     (2) 0n issue of the interim order, the officers of the society shall
hand over to the Liquidator the custody and control of all the property,
effects and actionable claims to which the society ie or appear to be
entitled and of all books, records and ether documents pertaining te
the business of the society and, shah have no access to any of them,
     (3)     When a final order is passed eenfirming the interim order,
the officers          of the society shall vacate their offices, and while the
Winding up order remains in force, the general body of the society
shall not exercise any power.
     (4) The person appointed under this section as Liquidator shall,
subject to the general control of the Registrar, exerciSe 3.11 or any
of the powers mentioned in section 105. The Registrar may remove ,
such person and, 1.9931118 another in       his: place, Witheut assigning any
 reason.
46
                     (5)    The Whole of the assets of the society shall on the appoint-
                ment of Liqiiidator under this section vest in such Liquidator, and
                notwithstanding anything contained in any law for the time being
                in force, if any immovable property is held by a Liquidator on behalf
                of the Society, the title over the land shall be completed as soon as the
                mutation of the name of his office is effected, and no Court shell
                question the title on the ground of dispossession, want of possession or
                physical delivery of possession.
                     (6)    In the event of the interim order being vacated, the person
                appointed as Liquidator shall hand over the property, effects and
                actionable claims and books.           records and ether documents       of the
                society to the officers who had delivered the same to him.            The acts
                done, and the proceedings shall,         after   the interim order has    been
                cancelled under the preceding section, be continued by the officers
                of the society.




                                                       e
Appeal              104. (1) The Board, or any member, of the society ordered to



                                               od
against order   be wound up, may, within two months from the date of the issue of
of Winding
up.
                the order made under section 102, appeal to the State Government :
                                        aC
                     Provided that no appeal shall lie against an order issued under
                sub-olause (i), (ii), (iii) of clause (0) of sub-section (1) of Section 102.
                                   di

                     (2) No appeal from a. member under this section shall be
                entertained unless it is accompanied by such sum as security for the
                             In


                costs of hearing the appeal, as may be prescribed.
                     105.     The Liquidator appointed under section 103 shall have power
?owers of       subject to the rules and the general supervision, control and direction
Liquidatoy      of the Register :~—-
                            (2,)   to institute and defend any suit and other legal procee—
                                   dings civil or criminal, on behalf of the society, in the
                                   name of his office ;
                            (b)    to carry on the business of the Society, So far as may
                                   be necesmry for the beneficial winding up of the same ;
                            (c)    to sell the immovable and movable property and actionn-r
                                   ble claims of the society by public auction 01‘ private
                                   contract With power to transfer the Whole or part thereof
                                   to any person or body corporate        or sell the same in
                                   parcels ;
                            (d) to raise, on the security of the assets 9f the society, any
                                money required ;
                            (e)    to investigate all claims against the society and, subject
                                   to the provisions " of the Act, to decide questions of
                                   priority arising out of such claims, and. to pay any class
                                   or classes of creditors in full or rateably according to the
                                   amount of such debts, the surplus being applied in pay‘=
                                   ment of interest from the date of liquidation at a rate to
                                   be approved by the Registrar, but not exceeding the
                                   contract rates. ;
       (f) to make any compromise or arrangement With creditors or
             perfilons claiming to be creditors, or having or alleging them-
             selves to haVe any claims, present or future, whereby the
             Soeiety may be rendered liable;
       (g) 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 liabl-
             lity to the society, and all questions in any way relatmg
             to or efl'eeting the assets or the Winding up of the soelety
             on Such terms as may be agreed,       and take any seculr-lty
             for the discharge of any such call, liability, debt, or clam],
             and give a complete discharge in respect thereof ;
       (h) to determine from time to time, after giving an opportunity
             to answer the claim, the contribution to be made or re-
             maining to be made by the members or past members or
             by the estates, nominees, heirs or legal representatives of
             deceased members, or by any officer, past officer or the




                                                              e
             estate or nominees, heirs, or legal representatives of
             deceased officer to the assets of the society, such contribu.


                                                         od
             tion being inclusiVe of debts due from such members or
             officers ;
                                                  aC
       (i)   to issue requieitions, under section 98 ;
       (i) to get disputes referred to the Registrar for decision by
                                             di

             himself or his nominee or board of nominees ;
      (k) to determine by what persons and in what proportion the
                                         In


             cost of the liquidation shall be borne ;
       (1)    to fix the time or times Within Which the creditors shall
             prove their debts and claims or be included for the benefit
             of any distribution made before those debts or claims are
             proved ;
      (m), to summon and enforce the attendance or witnesses and
             to compel the production of any books, accounts, docu-
             ments, securities, cash or other properties belonging to or
             on the custody of the society by the same means and in
             the same manner as is provided in the ceSe of Civil Court
             under the Code of Civil Procedure, 1908 ;        . ,
      (n)    to do all acts, and to execute in the name and on behalf
             of the society all deeds, receipts and other documents, as
             may be necessary to such winding up ;
      (0) to take such action as may be necessary under section
             19, With the prior approval of ' the Registrar, if there is
             reason to believe that the society can be reconstructed.
     106. After eXpiry of the period for lappeal against the order
made under sub-section (1) of section 102 or where the appeal has               Efieet of or-
been dismissed the order for Winding up shall be efl'ective “and shall           der of win-
                                                                                ding up,
operate in favour of all the creditors and of all the contributories
     «13

                      of the Society, as if it had been mad
                      and contributories of the society. e on the joint petition. of creditors
                      efi'ective, the Liquidator fishall      When a winding up order beco
                                                        proceed to realise the assets       mes "
                      Society by sale or otherwisaand                                   of the
                                                          no dispute shall be commenced
                      pending at the date of the‘winding                                 of, if
                                                           up order, shall be proceeded With
                      against the Society” except'iby
                                                      leave of                                ,
                      terms as the Registrar may;               the Registrar and subject to such
                                                  impose.       The Registrar, may of his own
                      metion, however, entertainer (iispose
                                                              01" any dispute by or against the
                     Society.
   Bar of suit              107. (1) Save as exbressly prov
   in winding
                      shall take cognizance of any matt ided in this Act, no Civil Court
   up and dis;                                              er connected With the Windidg
                      or dissolution of a society unde
   solution
                                                          r this Act and When a Winding up
   matters.          order has been made no suit
                                                      or othe
                                                                                                up
                     proceeded with against the society r legal proceedings shall lie or be
                     of the Registrar, and subject to
                                                             or the Liquidator, except by leaw
                                                         such terms as he may impose ;
                           Provided that, where the winding
                     sions of this section shall cease to opef up ord'er :13 cancelled, the provi-
                                                               ate so far as the liability of the




                                                   e
                     soci
                        ety and of the members thereof
                                                           to be sued in concerned, but they



                                               od
                    shall continue to apply to the pers
                                                        on Who acted as Liquidator.
                          1H8. (l) The Liquidator shall,
                                                              during his tenure of office, at
                    such time as may be prescribed, but
                                       aC
  Audi t of                                                  not less than twice each year,
                    present to the Registrar an account
  Liqui dator’s                                              in the prescribed form of hit;
                    receipts and paymente as Liquidat
  accounts.                                            or. The Registrar shall cause
                                   di

                    account to be audited: in such                                       any
                                                        manner as he thinks fit ; and
                    purpose of audit, the Liquidat                                   for the
                                                      or shall furnish the Registrar
                                In


                    such vouchers and informat                                          With
                                                 ion as he, or the person appointed by
                    may require,                                                       him,
                         (2) The Liquic‘iator shall cause a sum
                                                                mary of audited accounts to
                    be prepared. and shall send a copy of
                                                             such summary to every contri-
                    butory.
                        (3) The Liquidator shall pay such fees as
                   for the audit of the accounts and book         the Registrar may direct,
                                                             s kept by him in the manner
                   prescribed.
                        (4) The Liquidator shall be held liable
                                                                for any irregularities which
                   might be discovered in the. course or as
                                                             a reault of audit in reepect of
                   transactionasnbseque    to
                                          nt     his taking over the afi'airs of the Soci
                   and may beeproceeded against as                                       ety,
                                                        if it were an act against which acti
                   could be. taken under section 88 :                                        on

                       Provided that, no Such action shall be taken unless
                  have caused or are likely to cause loes to
                                                                           the irregularities
                                                             the society, and have occurred
                  due to gross neg‘dgenee or wanton omis
                                                          sion, in carrying out the duties
                  and functions.
                       109.     (1) The Winding up proceedings of thewsoei
Termination
                  Within three years from the date of the orde          ety shall be closed
of 1iquida~                                                    r of the winding up, unless
tion procee—      the period is extended by the Registrar ;
dings.
                       Provided that, the Registrar shall not
                                                                grant any extension for a
                  period exceeding one year at a time
                                                       and four years in the aggregate and
                  shall, immediately after the expiry of seve
                                                             n years fro: the date of the
                  order for Winding up of the society,
                                                             deem that the Liquidation
proceedings have been terminated, and pass an order terminating the
liqu idation pro ceedings,
     Explanation—In the case of a society Which is under liquidation
at the commencement of this Act and order for the Winding up of the
society shall be deemed for the purpose of this section to have been
passed on the date of such commencement.
     (2) Notwithstanding anything contained in the foregoing sub-
section, the Registrar shall terminate the liquidation proceedings on
receipt of the final report from the Liquidator. The final report of
the Liquidator shall state that the Liquidaton proceeding of the society
has been cIOSed, and how the winding up has been conducted and the
property of and the claims of the society have been disposed of and
shall include a statement showing a, summary of the account of the
winding up including the    cost of liquidation, the amount (if any )
standing to the credit of the society in liquidation, after paying off its
liabilities including the share or interest of memberS, and suggest how
the surplus should be utilised.

     (3) The Registrar, on receipt of the final report from the Liqui-




                                                              e
dator, shall direct the Liquidator to convene a general meeting of the



                                                        od
members of the society for recording his final report.
     110      The surplus assets as as shown in the final report of the        Disposal
                                                  aC
Liquidator of a. society Which has been wound up, may either be divided       of surplus
                                                                              assets.
by the Registrar, With the previous sanction of the State Government
                                             di

amongst its members in such manners, as may be prescribed or be
devoted to any object or objects provided in the bye-laws of the society,
                                        In


if they specify that such a. surplus shall   be utilised for the particular
 purpose or may be utilised for both the purposm.      Where ' the surplus
 is not so divided amongst the members and the society has no such
 bye-lew, the surplus shall vest in the Registrar, who shall hold it in
 trust and shell transfer it to the Reserve Fund of a new society regis—
 tered With a. similar object, and serving more or less an area Which the
 society to Which the Surplus belonged was serving :
      Provided that, Where no such society exists or is registered Within
 three years of the cancellation of the society Whose surplus is vested
 in the Registrar, the Registrar may distribute the Surplus, in the
 manner he thinks best, amongst any or all of the following :~

        (3)   an object of public utility and of local interest as may be
              recommended by the members in a, general meeting held
              under the preceding section ;
        (b) a federal Society With similar object to Which the cancelled
               society was eligible for affiliation 01', Where no federal
               society exists, the state federal society Which may be
               notified in this behalf by the State Government, and

        (c)    any charitable purpose as defined        in section 2 of the
               Charitable Endowments Act, 1890.                    I
                                                    CHAPTER XI
                                         LAND DEVELOPMENT BANKS
                   111.           This Chapter shall apply to—
                   (a.)      Co-operative Banks advancing loans, other than short term
              loans for purposes herein enumerated (hereinafter referred to as Land
              Development Banks) that is to say :—
                            (i)     land improvement and productive purposes ;
Application                (ii)     the creation,   rebuilding   or   repairing   of   house for
of Chapter                           agricultural purposes;
to Land De-
velopment                 (iii)     the purchase or acquisition of title to agricultural lands
Ranks,                              by tenant purchasers or tenants under the Manipur
                                    Land Revenue and Land Reforms Act, 1960 and any




                                                    e
                                    corresponding law for the time being in force in any part
                                   of the ‘State ; or                              5


                                            od
                          (iv)     the liquidation of debts under law for the time being in
                                   force in any part of the State ; and
                                      aC
                  (b) any other co-operative bank permitted by the Registrar
              under Section 142 to function as a Land Development Bank.
                                 di

                  Explanation 1.—For the purpOSes of this section, short term 1 an
                      In


              means a. loan for a duration of less than 15 months.
                   Explanation 2.——Land improvement and productive purposes means
              any work, construction or activity which adds to the productivxty of the
              land and, in particular, includes the following, that is to say —
                     (a)          construction and repair of wells (including tube wells), tanks
                                 and other work for the storage, supply or distribution of
                                 water for the purpose of agriculture, or for the use of men
                                 and cattle employed in agriculture ;
                    (b)      renewal or reconstruction of any of the foregoing works, or
                             alterations therein, or additions thereto ;
                    (0) preparation of land for irrigation ;
                    (d) drainage, reclamation from rivers or other waters, or protec-
                             tion from floods or from erosion or other damage by water,
                             of land used for agricultural purposes, or waste land Which
                             is cultivable ;
                    (e) bunding and similar improvements ;
                   (f) reclamation, clearance and enclosure or permanent improve-
                        ment of land for agricultural purposes ;
                   (g)      horticulture ;
                   (h) purchase of oil engines, pumping sets and electrical motors
                            for any of the purposes mentioned herein ;
                    (i) purchase of tractors or other agricultural machinery ;
                   (5) increase of the productive capacity of land by addition
                                                                               to it
                        of special variety of Soil ;
                                                                                     5‘1

       (51:) construction of permanent farm-houses, cattle-sheds, and
               sheds for processing of agricultural produce at any stage ;
       (1)    purchase of machinery for crushing sugarcane, manufactu-
              ring gur or khandsary or sugar ;
       (m) purchase of land for consolidation of holdings under the
              Manipur Land Revenue and Land Reforms Act. 1960.
       \n)    such other purposes as the State Government may, from
              time to time, by notification in the Official Gazette, declare
              to be improvement or productive purpose for the purpose
              of this Chapter.                                               State and
    112.     There shall be a State Land Development Bank for the State      other Land
                                                                             Develop-
of Manipur, and eswmany Primary Land Development Bank as may be              ment Banks.
deemed necessary.
    113.      (l)    The Register, or any   other persan appointed by the    Ap pointment
                                                                             and functions
State Government in this behalf, shall be Trustee for the purpose of         of Trustees.
securing the fulfilment of the obligations of the State Development
Bank to the holders of debentures issued by it.
     (2)     The Trustee shall be a corporation sole by the name of the




                                                         e
Trustee for the debentures in respect of which he is appointed, and Shall
have perpetual Succession and a common seal, and in his corporate


                                                  od
name may sue and be sued.                                        ‘
                                             aC
     (3) The powers and functions of the Trustee shall be governed by
the provisions of this Act, and the instrument of trust executed be-
tween the State Land Development Bank and the 'lTruetee, as modi-
                                        di

fied from time to time by mutual agreement between the State Land
                                    In


Development Bank and the Trustee.
     114'     (1)    With the previous sanction of the State Government      Issue of
                                                                             debentures
and the Trusteeand subject to such terms and conditions as the
State Government may impose the State Land Development Bank may
issue debentures of such denominations, for such period, and at such
rates of interest as it may deem expedient on the security of mort-
gage, or mortgages to be acquired or partly on mortgages, held and
partly to be acquired, and properties and other assets of the Land
Development Bank.
     (2) Every debentures may contain a, term fixing a period not
exceeding twenty years from the date of issue during which it shall
be redeemable, or reserving to the Board the right to redeem at any
time in advance of the date fixed for redemption after giving to the
holder of the debenture not less than three months’ notice in writing.
    (3) The total amount due on debentures issued by the State
Land Development Bank and outstanding at any time, shall not
exceed“
     (a)     where debentures are issued against mortgages held, the
             aggregate of-
             (i)    the amounts due on the mortgages ;
    N.
    Ct.
                          (ii)   the value of the properties and other assets transferred
                                 or deemed to have been transferred under section 121 j by
                                 the Primary Land Development Banks to the State Land
                                 Development Bank and subsisting at such. time ; and
                          (iii) the amounts paid under the mortgages aforesaid end the
                                 unsecured amounts remaining in the hands of the State
                                 Land Development Bank or the Trustee at the time ;
                           (b)   Where debentures are issued otherwiSe than on mortgages
                                 held, the total amount as calculated under clause (a) in-
                                 creased by such portion of the amount obtained on the
                                 debentures as is not covered by a, mortgage.

    Guarantee           115.     The principal of, and interest on the debentures issued under
    by State        the preceding section or any specified portion thereof, may carry the




                                                     e
    Government.     gurantee of the State Government, subject to such maximum amount


                                               od
                    as may be fixed by the State Government, and to such conditions as
                    the State Goyernment may think fit to impose.
                                          aC
                         116. Upon the issue of debentures under the provisions of section
     Veating of
                    114, the properties and other assets referred to in sub—section (3) of
                                     di

'    property in
     Trustee and    that section held by the State Land Development Bank, shall vest in
     Debenture      the Trustee, and the holders of debentures shall have a. floating charge
                                 In


                    on all such mortgages and assets, and on the amount paid under such
     holders’

                    mortgages, and remaining in the hands of the State Land Development
     charge on
     assets.
                    Bank or of the Trustee.
     Powers of           117. Subject to the provisions of this Act, and the Rules made
     Land Deve-     thereunder, it shall be competent for the Land Development Banks
     lopmeut
     Banks to
                    to advance loans for the purposes referred to in section 111, and to
     advance        hold lends the possession of which is transferred to them under the
     loans and to   provisions of this Chapter-
     hold loans
                         118.    (1) When an application for a loan is made for     any of the
     Mode of                                                                            of
                    purposes mentioned in section 111, the public notice shall be given
     dealing with
     applications   the application in such manner as may be prescribed calling upon
     for loans      all persons interested to present their objections to the loan, if any,
                    in person, at a, time and place fixed therein.      The State Government
                    may: from time to     time prescribe   the persons by whom such public
                    notice shall be given and the manner in Which the objections shall
                    be heard and disposed of.
                         (2) The prescribed officer shall consider every objection submitted
                    under sub-section (1) and make an order in writing either upholding
                    01‘ overruling it :
                         Provided that, When the question raieed by an objection is in the
                    opinion of the officer, one of such a nature that it cannot be satis-
                    factorily decided except by a, Civil Court, he shall peS’tpone the procee-
                    dings 0n the application until the questionrhas been SO decided.
                         (8) A notice under sub-section        (1), published in the manner
                    prescribed shell, for the purpose of this Act, be deemed to be proper
                    notice to all persons having or claiming interest in the land to be
                    improved, or offered as security for the loan.
                                                                                      53
    (4)    Subject to such rules as may be pregeribed, the Land Develop-
ment Banks shall consider such applications   after due enquiry for the
purpose of making leans under this chapter.
    119.    A written order by the Land Development Bank or persons          Order gran-
or Board authorised under the bye-iaws of the Bank to make loans for         ting loan
                                                                             conclusive of
all or any of the purposes specified in section 111, granting a loan to       certain mat-
or with the consent of a. person mentioned therein, for the purpose of       ters-
carrying out the work Specified therein, for   the benefit of the land or
for the productive purpose specified therein, shall for the purPOSe of this
Act, be conclusive of the following matters, that is to Say :——
     (a) that the work described or the purpose for which the loan
is granted, is an improvement or productive purpose, as the case may
be, within the meaning of section 111.
     (b) that the person had at the date of the order a right to make
such an improvement, or incur expenditure for productive purpose, as
the case may be ; and
     (c) that the improvement is one benefiting the land specified and
productive purpose concerns the land offered in security, or any part




                                                           e
thereof as may be relevant.



                                                     od
    120. (1) A mortgage executed in favour of a Land Development
Bank, shall have priority over any claim of the Government arising           Priority of
                                                                             mortgage.
                                               aC
from a loan granted after the execution of the mortgage under the Land
Improvement Leans Act, 1883, or the Agriculturists’ Loans-Aet, 1884,
or under any other law for the time being in force.
                                           di

     (2) Notwithstanding anything contained in the law for the time
                                       In


being in force, Where a mortgage in favour of a Land Development
Bank is in respect of land in Which a tenant purchaser or tenant has
an interest, the mortgage may be against the security of such interest,
and the rights of the mortgage shall not be affected by the failure of
the tenant purchaser or tenant to comply with the requirements of
such law, and the sale of the land and his interest therein under such
law shall be subject to the prior charge of the Land Development
Bank.                                                                        Mortgages
                                                                             executed in
     121. The mortgages executed in favour of, and all other assets          favour of
transferred to a Land Development Bank, by the members thereof, with         Land Deve-
                                                                             lopment
effect from the date of such execution or transfer, be deemed to have        Bank to stand
been transferred by such Land Development Bank to the State Land             vested in
Development Bank,and shall vest in the State Land Development Bank.          State Land
                                                                             Development
                                                                             Bank.
     122. Notwithstanding anything contained in the Indian Registra-
tion Act, 1908 it shall not be necessary to register mortgages executed
                                                                             Registration
in favour of the Land Development Banks, provided that the Land              of Mortgage
Development Bank concerned Bends Within such time and in such                (or lease) in
manner as may be prescribed, a copy of the instrument whereby pro-           favour 08
perty is mortgaged or leased to the Registering Officer Within the            Land
                                                                             Development
local limits of whose jurisdiction the whole or any part of the property     Banks,
mortgaged is situate, and   such   Registering Officer shall file a copy or
copies as the case may be in his book No. 1 prescribed under section
51 of the Indian Registration Act, 1908.
 5i
Mot tgages             123. Nat withstanding anything contained in any Insolvency Act 0:
not to ~‘be      any eerresponding law for the time being in force in Manipur a
questioned
on insolven-     Mortgage, executed in favour of a Land Development Bank, shall
ey of mort-      not he called in question in any insolvency proceedings on the
gagors           ground that it was not executed in order to give the Bank a. preference
                 over other creditors of the mortgagor.
                       124. (1) Where a mortgage is executed in favour of a Land De.
Right of         veiopment Bank, for payment       of prior debts of the mortgagor, such
Land Dove-
lopment          bank shall, noththetanding anything contained in the Transfer of
Bank to pay      Property Act, 1882 by notice in writing, require any person to Whom
prior debts of   any such debt is due, to receive payment of such debt or part thereof s=
mortgagor
                 from the bank at its registered office within such period as may be
                 specified in the notice.
                      (2) Where any such person fails to accept such notice or to receive




                                                  e
                 such payments, such debts or part thereof as the case may be, shall


                                             od
                 cease to carry interest from the eXpiry of the period epeeified in the
                 noslce :
                                       aC
                       Provided that    Where there is   a dispute as regards the amount
                 of any such debt, the person to Whom such debts is due sbaii be
                 bound to receive payment of the amount offered by the Land Develop-
                                   di

                 ment Bank towards the debts, but such receipt shall not prejudice the
                               In


                 right, if any,    of such person to recover     the balance claimed by
                 mm.
                       125. (1) Mortgages, in respect of loans by a Land Development
Mortgages
exec uted by
                 Bank or the State Land Development Bank, by the Manager of a Hindu
managers of      joint family for the improvement of agricultural land or of the methods
joint Hindu      of cultivation, or for financing any other means to raise the predimtivity
families.        of the iand, or for the purchase of land, shalt be binding on eVery
                 member of such joint Hindu family, notwithstandiug        any law to the
                 contrary.
                       (2)    In other cases, Where a mortgage executed in favour of a
                 Land Development Bank or a State Land Development Bank is called
                 in question on     the ground that it was executed    by the manager of
                 a Hindu joint family for      a purpose not binding on the members
                 (Whether such members have attained majority or not) thereof, the
                 burden of proving the same shall notwithstanding any law to the
                 contrary, lie on the party alleging it.
Section 8 of
Act XXXII              126.    Section 8 of the Hindu Minority and Guardianship Act, 1956,
of 1956 to       shall apply to mortgages in favour of a Land Development Bank,
apply to         subject to the modification that reference to the Revenue Officer or his
mortgages to
Land Deve-       nominee and the appeal against the order of the Revenue Officer or his
lopment          nominee shall lie to the Deputy Commissioner.
Banks subject
to certain
modification
                       127. (1) Notwithstanding anything contained in the Transfer of
 lestriction     Property Act, 1882 or any other law for the time being in force, 110
on lease         mortgager of property mortgaged to a Land Development Bank, shall
                 eXcept With the prior consent in writing of the bank, and subject to
                 such terms and conditions as the bank     may impose lease or create any
                 tenancy rights on any such property :
                                                                                       Cl
                                                                                        0(
     Provided that, the rights of the Land Development Bank shall
be enforceable against the tenant purchaser, the leasee or the tenant,
as the case may be, as if he himself were a mortgagor.
    (2) Where land, mortgaged with possession to a Land Development
Bank, is in actual possession of a tenant, the mortgagor or the Land
Development Bank shall give notice to the tenant to pay rent to
the Land Development Bank during the currency of the lease and
the mortgage, and on such notice being given, the tenant shall be
deemed to have attorned to the Land Development Bank.
    128. Notwithstanding anything contained in section 121 all moneys          Land Deve
                                                                               Iopment
due under the mortgage shall unless otherwise directed by the State            Bank to re-
Land Development Bank or the trustee, and communicated to the                  ceive money
mortgagor, be payable by the mortgagor to the Land Development Bank,           and give
                                                                                discharge.
and such payments shall be as valid as if the mortgage had not been so
transferred and the Land Deveiopment Bank shall in the absence of
specific direction to the contrary, issued by the State Land DeVelop-
ment Bank or trustee and communicated to the Bank, be entitled to




                                                                e
sue on the mortgage or take any other proceeding for the recovery of



                                                           od
moneys due under the mortgage.
                                                                               Power of Land
      129. Where any property mortgaged to a Land Development Bank              Development
                                                   aC
is 'wholly or partially destroyed, or for any reason the security is           Bank where
rendered insufficient and the mortgagor, having been given a reaso-             mortgaged
                                                                               property is
nable opportunity by the bank to provide further security enough to
                                               di

                                                                               destroyed or
render the whole      security sufficient, or   to -repay   sneh portion   of   security be-
                                          In


loan as may be determined by the bank has failed to provide such               comes insu
                                                                               fficient
security or to repay such portion of loan, the whole of the loan
shall be deemed to fall due at once ; and the bank shall be entitled
to take action against the mortgagor under section 132 or section
133 for the recovery thereof.
     Eepianation z—Seeurity shall be deemed insufi‘icient Within the
meaning of this section, unless the value of the mortgaged property
 (including improvements made thereon) exceeds the amount for the
time being due on the mortgage by such proportion as may be speci~
fied in the rules, reguiations or the bye-laws of the Land Development
Bank.
     130.   (1) Property purchased under section 133 {3), by, and pro-
perty transferred under section 100 to,   the Land Development Banks            Right of De-
may be disposed of by such banks by sale within such period as may              veiopment
be fixed by the Trustee, subject to the condition that such sales shall          Bank to buy
                                                                                mortgaged
be in faVonr only of agriculturists eligible to hold land under the Mani-       property.
 pur Land Revenue and Land Reforms        Act, 1950 or any corresponding
 law for the time being in force, or may be leased out by them on such
 terms and conditions as may be laid down by the State Government
 from time to time.
      (2)   Nothing contained in any law for the time being in force
 fixing maximum limit of     agricultural holding shall apply to the acqui.
 sition or holding of land by the Land Development Banks under this
 section.
 r.-
 06
Recovery of.
loans by
                 ‘    131.         A11 loans granted by the the Land Development Banks, e11
Development      1nterests(ifa.ny) chargeable thereon and             costs (if any), incurred in
Banks.           making the same, shall, When they become due, be recoverable by
                 the Land Development Bank concerned.
Power of
diltuint.
                      132.         (1) If any instalment payable under a, mortgage executed in
                 favour of a Land Development Bank, or any part of such instalment,
                 has remained unpaid for more than one month from the date on which
                 it fell due, the         Board of such bank may, in addition to any other
                 remedy aVailable to the Bank, apply to the Registrar or the Revenue
                 Officer for the recOVery of such instalment or part. thereof by distraint
                 and sale of the product of the mortgaged land, including the standing
                 crops thereon.
                      (2)         On receipt of such application, the Registrar or the Revenue




                                                              e
                 Officer as the case may be, may, notwithstanding contained in the



                                                        od
                 Transfer of Property Act. 1882, take action in the manner prescribed
                 for the purpose of distreining and selling such produce :
                                                  aC
                      Provided that, no distraint Shall be made after the expiry of
                 three years from the date on Which the instalment fell due.
                                              di

                      (3) The value of the property dietrained shall as nearly as possible,
                 be equal to the amount due and the expenses of the distraint and the
                                          In


                 cost of the sale.

Sale of mort-        133. (1) Notwithstanding anything contained in the Transfer of
gaged pro-       Property Act, 1882, the Land Development Bank or any person autho-
party.           rised by it in this behalf shell, in case of default of payment of the
                 mortgage money, or any part thereof, have power in addition to
                 any other remedy available to the; bank, to bring the mortgaged
                ' property to sale by public auction in the village in Which the mort-
                 gaged property is situated or at the nearest place of public resort,
                 wi‘hout the intervention of the Court :
                     Provided that, no action shall be taken under this sub—section
                 and no such power shall be exercised, unless and until—
                        (9,) the Land Development Bank has been previously authorised
                                    to exercise the power conferred under this sub-section
                                   after hearing the objections, if any, of the mortgagor or
                                   mortgagors.
                        (b)         notice in writing requiring payment of such 7.1 ortgage money
                                    or part thereof has been served upon—
                                    (i) the mortgagor or each of the mortgagors ;
                                   (ii)   any person who has any interest in or charge upon the
                                          property mortgaged, or in or upon the right to redeem
                                           the same so far as is known to the bank,
                                  (hi)    any surety for the payment of the mortgaged debt or
                                          any’ part thereof, and
                                  (iv)    any creditor of the mortgagor Who has in esuit for
                                          administration of his estate obtained a decree for sale
                                          of mortgaged property, and
                            (0)     Default has been made in payment of such’fmortgege money
                 or part thereof, for three months after service of the notice.
                                                                                            57
      (2) If the Land Development Bank fails to take action against
 a defaulter under Section 129 or 132 or under this section the State
 Land Development Bank may direct the Land Development Bank
                                                            to
 take appropriate action, and Where no action is taken either by the
 State Land Development Bank, or the Land DeVelepment Bank, the
 Trustee may take such action. If such aetien is taken by the Trustee,
 the provisions of this Chapter and   of any rules preteribed   shall apply
in respect thereto, as if all references to the Land Development Bank
in the said provisions were reference to the Trustee.
     (3) Notwithstanding anything contained in any law for the time
being in force, it shall be lawfui fer the Ps'in'ary Land Development
Bank 01‘ the State Land Development Bank te plzrehase any mortgaged
property seld under this Chapter.
     134. (1) On effecting the saie by a Land Development Bank
under section 133, the bank shali, in the preeeribed manner, submit           Confirmation
                                                                    to
the State Land Development Bank and the Registrar a repert ??’settin          of sale,
forth the manner in which the tale has. been effected and the result g
                                                                    of
the saie, and the State Land Deveiepment Bank may, With the approv
                                                                    al
of the Registrar, confirm the sale or cancel it.
    (2) Where the sale is efi'ected by the State Land Devel




                                                           e
Bank or the Trustee under Section 133, the State La nd      opment


                                                     od
                                                       DeVelopment
Bank  or the Trustee, as the case may be, shall in the prescr
                                                             ibed manner
submit to the Registrar a report setting forth the
                                                       manner in which
                                                  aC
the sale has been effected and the result of the 88.16, and the Regist
                                                                       rar
may confirm or cancel it.
                                           di

    135. The proceeds of every sale effected under sectio
confirmed under the preceding section shall be applie        n 133 and         Disposal of
                                                     d first in payment
                                       In


of all costs, charges and eXpenses incurred in connection                     Bale p-'oceeds.
                                                           With the sale
or attempted sales, secondly, in payment of any
                                                    or all interest due
on account of the mortgage in consequence whereof the
property was sold, and thirdly, in payment of the          mortgaged
                                                   principal due on
account of the recovery.
    If there remain any residue from the preceeds of sale,
shall be paid to the person proving himself intere
                                                            the same
                                                   sted in the property
sold, or if there are more such persons then
                                              one, then to such persons
upon their joint receipt or according to their respective
                                                          interest therein
as may be determined by Land DevelopmentBank :
    Provided that, before any Suoh payments
                                            are      made the unsecured
dues owing—
    (a)   from the mortgage! to the Land Development Bank
adjusted, and
                                                          may be
     (b) from any member      or past member to whom the    mortgagor
is indebted may also be adjusted under the Written
                                                   authority given by
such member and past member, and after holding
                                                     such inquiry as
may be deemed necessary.
     136. (1) Where a sale of mortgaged property has becom
                                                              e abso=
lute under section 134 and the sale proceeds have been receiv                 Certificate to
full by the Land Development Bank, the bank shall grant         ed in         purchaser,
                                                          a certificate        delivery of
to the purchaser in the prescribed form, certifying the
                                                        property sold,        property and
and sale price, the date of its sale, the name of the person who at           title of
                                                                    the       purehaooi'.
58
                time of the sale is declared to be the purchaser, and the date on Which
                the sale became absolute ; and upon the production of such certificate
                the Sub-Registrar appointed under the Indian Registration Act, 1908,
                within the limits of whose jurisdiction the whole 01' any part of the
                property specified in the certificate is situated, shall enter the con-
                tents of such certificate in his register rel’ating to immovable property.
                    (2) (a) Where the mortgaged property sold in the occupancy of
                the mortgagor, or of some person on his behalf or some persons claim
                311ng under a title created by the mortgager, subsequent to the mort-
                gage in favour of the State Land Development Bank or a Land Deve-
                lopment Bank and a certificate in respect thereon has been granted
                under the foregoing sub-seetion the Revenue Officer shall, on the
                application of the purchaser, order delivery to be made by putting




                                                 e
                such purchaser or any person who he may appoint to receive delivery,


                                           od
                on his behalf, in poseession of the property.
                     (1)) Where the property sold is in the occupancy of a tenant or
                                     aC
                other person entitled to occupy the Same, and a certificate in respect
                thereof has been granted upon the feregoing sub-sectien, the Revenue
                                 di

                Officer, shall, on the application of the purchaser and after notiee to
                eunh tenants or other person, order the deliVery to be made by affixing
                             In


                copy of the certificate of sale in a conspicuous place on the property
                and preclaimingto the occupant by heat of drum or other customary
                mode at some convenient place, that the right title and interest of
                the mortgagor have been transferred to the purchaser.
                     (3) Where any property is sold in the exercise or purported exera
                eise of a power of sale under section 133% the title of the purchaSer
                shall not be questioned on the ground that the circumstances required
                for authorising the sale had not arisen, or due notice of the sale was
                not given, or the poWer of sale was otherwise improperly or irregularly
                exercised :
                     Provided that, any person who sufi‘ers damage on account of nna
                authorised, improper or irregular exercise of such povver shall have a
                remedy in damages against the Land Development Bank.
                     137. (1) Notwithstanding anything contained in Section 91 on an
Recovery of
                application made by a Land Development Bank for the recovery of
loans on        arrears of any sum advanced by it tn any of its members and on its
certificate by   furnishing a statement of accounts in reapect of the arrears, the Regis-
Registrar;      trar may, after making Such enquiries as he deems fit, grant a certificate
                for the recovery of the amount stated therein to be due as arrears.
                     (2) A certificate by the Registrar under eub-seetion (1) shall be
                final and conclusive as to the arrears due. The arrears stated to be due
                therein ehall be recoverable according to the law for the time being
                in force for the recovery of arrears of land revenue.
                     (3)   It shall be competent for the Registrar or a person authorised
                by him? to direct conditional attachment of the property of the mart-
                gagor until the arrears due to the Land Devalopment Bank together
                with interest and any incidental charges incurred in recoVery of such
                arrears, are paid or security for payment of such arrears is furnished
                to the satisfaction of the Registrar and the provisions of section 95
                shall apply mutatis mutandis to conditional attachment of any property
                made or to be made under this section.
                                                                                          59
                                                                                Collector to
       138. (1) Any ameunt due to a. Land Development Bank (inclu-              make recovea
a’iEmg ease of recovery thereof) shall on an application by it in this behalf   ties during
be recoverable by the Revenue Officer, or any officer Specially autherieeti       a ceytain
by the Revenue Office: in this behalf; in all or any of the following            porind.
modes namely :-~
        (a)    from the borrower as if they were arrears of land revenue
              due by him ;
        (h) out of the land for the benefit of Which the loan has been
              granted as if they were arrears of land revenue due 1n
              respect of that land ;
        (c)   from a. surety (if any) as if they were arrears of land
             revenue due by him ;
        ((3) out of the property comprised in the collateral security (if
              any) according to the procedure for the realisation of land
              revenue by the sale of immovable property other than the
              land on which the revenue is due.
                                                                                Officers of
     .139. At any sale of movable or immovable property, held under             Banks not to
the pmviaions e‘f this ChapterS no officer or emyloyee of a, Land De=            bid at sales.




                                                                  e
who hem Bank 01‘ the State Land Development Bank, except on


                                                            od
behalf of the Bank of whiah he is an officer or an employee, and no
pemoa haying any duty to perform in connection with such sale, shall
ei‘o’aar direei‘iy or indirectly bid for or acquire or attempt to ecquire any
                                                     aC
interest in such property.
                                                                                Any law not
       140. Nothing contained in any law for the time being in force            to apply to
                                                  di

in any pert. of the State shall apply to any alienation in favour of the        alienation in
                                                                                favour of
Land DeVelopment Bank.
                                            In


                                                                                Land De-
                                                                                velopmeut
                                                                                Banks.
     141.     (1) It shall be competent for the State Governmeni? to
conetibube one or more Guarantee Funds on such terms and conditions             Provision for
                                                                                Guarantee
as ii; may deem fit, for the purpose of meeting losses that might arise          Funds to
as a. result of loana being made by the Land Development Banks on               meet certain
tibiae “be immovable property subsequently found to be defective or for         losses.
any other purposes under this Chapter, for which in the opinion of the
Stem Government, it) is necessary to provide for or create a. separate
Guarantee Fund.
    (2) The State Land Development Bank and the Land Development
Beaks shell contribute be such funds at such rate as may be prescribed,
mad the constitution, maintenance and utilisation of such Funds shall
be governed by such rules, as may be made by the State Government
in this behalf.
                                                                                Registrar’s
     142. It shall be competent for the Registrar to permit any cou             powers to
Oyemtive bank to function as a. Land Development Bank under such                permit any
                                                                                co-opemtive
terms and conditions and for such period as he may deem fit.                     bank to fume:
                                                                                tion as a. Land
                                                                                Development
     143. The provisions of sections 102 and 103 of the Transfer of             Bank.
Property Act, 1882, end of any rules made under section 104 thereof,            Service of
shall apply, so far as may he, in respect of all notices to be served           name,
under this Chayber,
15
z
                                                                  d Development Bank shall have
Power of                   144. The Board of the State Lan Development Banks and may,
                                                             Land
Board of             a general pOWer of supervision over e Government, make regulations,
State Land
                         h  the prev ious sanc tion of the Stat
Development
                     wit                                       rules made thereunder, for
                                                                                           9.11 or
                                                        or the
Bank to an-          not inconsistent with this Act
                                                        elyfl
pervise Land         any of the following matters, nam
Development                                                      unt books and proceedings of
Banks and                   (a) for the inspection of the acco ;
make reguie=                     the Land Development Banks
                                                                   and reports by such banks in
tions;
                             (b) for the submieeion of returns
                                 respect of their transactions ;
                                                                                               ks
                                                              t of accounts between such ban
                            (c) for the periedica‘i eettlemen         nt  Ban k  bei ng acc ounts
                                 and the State Land Developme                                  h
                                                                 the amounts recovered by suc
                                      relating to the payment of          State Lan d Dev elo p-
                                                                            the
                                      banks on nmrtgages tmnsfeyred to
                                      ment Bank ;




                                                           e
                                                                    ions to such banks for loans


                                                     od
                             (d)      for the form in which applicat
                                                                     uation of properties offered
                                      shall be made and for the val
                                                                 s ;
                                      as security for such loan
                                               aC
                                                                                             :;
                                                                  realised from the mortgagor
                              (e)  for the investment of moneys
                                                                                        ;
                                                          e of employees of such benks
                                           di

                              (f) the conditions of servic
                                                                                          banks
                                                            icy to be followed by such
                                      In


                               (g) the programme and pol
                                       for making loans ;
                                                                                       by such
                                                               security to be obtained
                              5h)      the types and extent of
                                                                   ;
                                       banks for advancing loans
                                                                                                  the
                                                                     safeguarding the interest of
                               ii";    generally, to: the ?urpose of                        carrying
                                                                   vities of such banks, and
                                       parties, farthemnee of acti
                                                                    pter.
                                       out the yurpeses of this Cha




                                                    (‘BHAP'E‘EE XI},
                                                                     IES
                                               OFFENCES AND ?ENALT
                                                                                    d, or deemed
                                                       er then a. society registere cessor in
                            145. (1) No yerson, oth                             his suc
     Use of the                                     s Act and a. person or
     word    ”Co-       to be registered; under thi               which   thi s  Act comes into
                                                  01’ title under
     operative’ ’.      interest of any name                                  ernment function,
                                              the   eenction of the State GoV           ch the
                        {w:ee, she‘ll without                 any name or title of Whi
                                                    ss under
                        traée or carry on busine equivalent in, any Indian language, forms
                        werd “Co—eperative,” or    its
                        part.                                                       the foregoing
                                       ry per son een  tra vening the provisions of
                              (:2) Eve                                    With fine Which may be
                                                  viction, be yunished
                        subsection shall, on con                       ,
                                                  rupees.
                        extended to five hundred
                                                               under   this Act, iféu
                             14:6°      It shall be an offence
     Ofienees;
                                                                             £51


(as) any member of a. Society transfers any property or interest in
      contravention of subsection (2) of section 47 or any peISOn
      knowingly acquires, 01' abets in the acquisition of, such
      groperty; or

(b)   any employer end every director, manager, secretary or other
      officer or agent acting on behalf of such employer Who, without
      sufficient cause, fails to comply        with subsection     (2)   of
      section 49 ; or

(0)   a Board       of a,   Society or an officer or member        thereof
      fails toinvest funds of such society in the manner required
      by section 70; or

(d) any person, collecting share money for a. society in formation,
      does not Within a, reasonable period deposit the same in the
      State Co-operative Bank 01‘ a Central Covoperative Bank or
      an Urban Co-operative      Bank, era.     Postal   Saving Bank;
      or
(e)   any person, collecting the share money for a society in forma-
      tion, make use of the funds so raisad for conducting any




                                                         e
      business or trading in the name of a society to be registered



                                                  od
      or otherwise; or

(f) a. oommitee of a, society, or an officer or member thereof,
                                            aC
      fails to comply with the provisions of sub-sections .(2), (3) or
      (4) of section 75 ; 'or
                                       di

(g)   any officer or member of a Society who is in possession of
      information, books and records, fails to furnish. such informa-
                                  In


      tion or produce books and papers, or give assistance to a
      person appointed or authorised by the State Government or
      the Registrar under sections 78,81,83,94 or 103 ; or

(h) any officer of a. society fails to hand over the custody of
      books, records, cash, security and other property belonging to
      the society of which he is an officer to a, person appointed
      under section 78 or 103 ; or

(i)   a. Board of a. society with a working capital of fifty thousand
       rupees or more, or any officer or a. member thereof,
      fails Withoutany reasonable excuse to give any notice, send
      any return or document,      do or allow to be done or comply
      with orders made under section 79 ; or

(i)   a. Board of a society or an officer or member thereof wilfully
      neglects or refuses to do any act, or to furnish any informa«
      tion required for the purposes of this Act by the Registrar, or
      other person duly authorised by him in writing in this
      behalf ; or

(1!) a. Board _of a Society, or an officer or member thereof, wilfully
      makes a. false fetu‘rn, or. furnishes falsa information, or fails to
      maintain proper aeoounts ; or
m5
                                                                        Seeiety fails to
                     {1)     any effiecr. memher‘ ageet or" eerVant of a      of eeetion
                                                                                 fl {fit
                             comply with the reqeifements ei Subseectig
                                                                                          ,
                             81 ; or
                                               ef Society              wilfully fails to comely
                    , (m) any effieer or member
                                            award 01‘ erder pegged. under section
                             with any decision;
                                                                             -
                             96 ; or
                                                                            property over
                             a member of a society fraudulently dispeees of
                                                                                       er or officer
                             which the Society has a prier claim, 01‘ a memb
                                          or  any  perso n  riispe ses  of  his  prope   rty by sale,
                             or empioyer
                                                                    wise,   with     the   fraudulent
                             transfer, mortgage, gift or other
                                                    the  dues  of   the  socie ty  ;  or
                              intention of evading
                                                                               de o: sanctions for
                      (0)     any officer of a society wilfully reeommen
                              his own personal use    or   benefi  t   or   for  the use or benefit
                                                                                      in the name of
                              of a person in whom he is interested, a loan
                              any other persen ; or
                                                                                            mutilatee,




                                                       e
                               any officer or member of a Society destroys,
                                                                       es or secrets or is


                                                od
                              tampers with, or etherWiSe alters, falsifi
                                                                              falsification
                              privy to the destructimn mutilation, aitemtion‘
                                                                           or makes,
                              or secreting of any books, paper or security
                                         aC
                                                                               entry
                                                                                ulent
                              or is; privy to the making of any fame or fraud
                                             er, book of accou nt 0.13 docu ment  belonging
                              in any regist
                                    di

                              to the society ; 01‘
                                                            y or any person does any
                      ((1) any officer or member of a seciet
                               In


                             ~aet deciareé by the       rules to be an offence.
                                                                        an officer or a.
                    Explanatienw—‘Fer the purpose of this section,
                              ed to in the seetio n shall includ e past officer and past
                member referr
                member, as the case may be.
                                                                           past member,
Punishment:         147. Every society, officer or past oifieer, mem‘her oi:
                                          any  other  person.  Who  commi  te an offence
for offences
                employee of a society, or
under section                                                            hed 2
146             under section 146 shall, on conviction, be punis
                                                                         (a) of that Seetion, with.
                       (a)     if it is; anoifeaee under eiawme
                                                                        nite six months,
                               impriSoumeut fer a term which may este
                                                       exte nd to five thou sand. rupees, or
                               or With fine which may
                               with both ;
                                                                         the section, yvith
                               if it is an offence under eiause (b) of
                                         ment for a term which may  extend  to one month,
                               imprison                                         rupees,- or
                                                                to fire hund red
                               or with fine whieh may extend
                               With both ;
                               if it is an :ffcne‘: :nder clause     ((3) ef that section, with fine
                                                                     es ;                 '
                               which may e<tend to five hundred rztrpe
                                                                        that sectien, With
                               if it is en ofi'ence under clause (d) 0‘5
                               fine which may extend to five hundred ru‘eeee ;,
                                                                         $3219.19 section with
                               if it is an offence under clause ' (e) of
                                                    term  whie h  may  exte   nd to one year,
                               imprisonment for a                                         y
                                                                                      _       _
                                or With finey or With both ;
                                                                             eeetien, With
                                if it is en offence under clause (i) sf that          ;
                                                                                   fifty riagees
                               fine Which may extend to two hundredan
                                                                                                   63

             (g)    if it is an offence under clause {3 of that section, with fine
                    which may extend to five hundreé rupees ;
            (h)     if it is an ofienee under clause (11) of that section, with fine
                    which may extend to five hundred rupees ;
                    if it is an (fiance unde clause       (5? of that section, With fine
             w0
            r-.
            ‘1'

                    which may extend to five hundred rupees ;
            {j}     if it is an offence under c]a,uSe    (j) of that Section, With im-
                    prisonnient for a term Which may extend :0 one month or
                    With fine Which may extend to five hundred rupees, or
                    with both ;
            (k2 if it is en offence under clause (1:) of that section, With impri-
                    sonment for a term which may extend to one year, or with
                    fine Which may extend to two thousand ruIees, 01' With
                    both ;
            (i)    if it is an offence under clause        f])   of that ~ection, With
                    fine which may extend to one hundred rupees ;
            (m) if it is an ofl'ence under eiause          (m) of that section, With
                    imprisnhment for a term Which may extend to six months
                    or with ‘fine which may extend to five hundred rupees,




                                                                      e
                or with hath ;


                                                                 od
            (n) if it is an ofl'ence under clause (n) of that section, with
                imyrisonr’nent for a term which may extend to six months,
                                                         aC
                or with fine Which may extend to one thousand rupees, or
                with both ;
                                                   di

            {0)     if it is an ofi'ence under ciause (n) of that section, With
                   impriwémmeut for a term which n ay extend to two years,
                                              In


                   01‘ with fine, or with both ;
            (p)     ifit is an efi‘ence under clause       (p) of that section, with
                   imprisonment for a term Which may extend ’50 three years;
                   0: With fine, or with both ;
            (q)     if it is an offence under elaua-‘e   (q) of that section, with
        "          fiine which may extend to two hundred and fifty rupees.
     1:3           (1) No Ceurt inierier a that of a Chief Judicial Magis-               Cognizance
 trate er 8» Judicial Magistrate of jet Class shall try any offence under                of offences.
 this Act.              '
      (.2) .‘éé’otwithstanding anything contained in the Code of Criminal
 Procedure, 1:473 it shall be lawful for a Chief Judicial Magistrate er a
 Judicial Magistrate ef the First Class to pass a sentence of fine on any
person eonvietefl efan offence under clause {b} of section 146 as provided
under section 147‘ in exercise of his pen en's under section 29 of that (Vode.
     (”3)     N0 Court shall take cognizance of offence under clause (b)
of Section 14:6 and any other offences under this Act except upon a com-
plaint by an offieei' duly authorised by the Registrar in this behalf and
except with previous sanction of the State Government in case of offence
under clause (1)) of 146 and of the Registrar in the ease of other offence
under this hot:
                                            CHAPTER XIII

                                APPEALS, REVIEW AND REVIfiION


Manipur           149     (1)   The State Government shall constitute a. Tribunal called
State Gen
operative    the Manipur State Co-operative Tribunal, to exercise the functions
Tribunal.
             conferred on the Tribunal by or under this Act.




                                                e
                                          od
                  (2) The Presiding Officer, Revenue Tribunal appointed by the
             State Government as such shall be deemed to be the Manipur State
                                    aC
             Co-opemtive Tribunal for the purposes of this Act.
                                di

                   (3) The Tribunal may call for and examine the record of any
                           In


             proceedings in Which an appeal lies to it, for the purpose of satisfying
             itSelf as to the legality or propriety of any decision or order passed.
             If in any case, it appears to the Tribunal that any such decision or
             order should be modified, annulled 0r reversed, the Tribunal may pass
             Inch order thereon as it may deem just,

                 (4)    Where an appeal or application is made to the Tribunal under
            this Act it may, in order te prevent the ends of justice being defeated,
             make such interlocutory orders pending the decision of the appeal or
            application, as the case may be, may appear to it to be just and
            convenient, or such orders as may be necessary for the ends of justice,
            or to prevent the abuse of the process of the Tribunal.

                 (5)    An order passed in appeal, or in revision under sub-lection (3),
            or in review under section 150 by the Tribunal shall be final and
            conclusive, and shall not be called in question in any Civil or Revenue
            Court.


                  Exelanation :-—The Tribunal hearing an appeal under this Act
             shall exercise all the powers conferred upon an appellate Court by
             section 97 and Order X $1 in the First Schedule of the Code of Civil
            Procedure, 1908.
                                                                                                    65

                                                                                         Review of
                                                                of the
     150. (1) The Tribunal may, either on the application                                orders of
                 the applica tion of any party interest ed, review its                   Tribunal
Registrar, or on
                          any   case, and pass in reference   thereto   such   order
own order in.
as it thinks just :


    Provided that, no such application made by the party interested
                                                                 has
shall be entertained, unless the Tribunal is satisfied that there
                                                               Which
been the discovery of new and important matter of evidence,
                                                                   e
after the exercise of due deligenee was not Within the knowledg
of the applicant or could not be produced by him at the time when, its
order Was made, or that there has been some mistake or error, agparent
on the face of the record or for any other Sufficient reasons ;

     Provided further that, no such order shall be varied or revised,
                                                                 and
unless notice has been given to the parties interested to appear
be heard in support of such order.

                                                                   by
    (2) An application for review under the foregoing sub-section
           shall be made  Within  ninety days from  the date  of  the
any party,




                                                                   e
communication of the order of the Tribunal.


                                                              od
                                                                                         Tribunal to
     151‘          (1)    In exercising the functions conferred on it by or under        have power
                                                                                         of Civil
                                                                  in a
                                                       aC
this Act, the Tribunal shall have the same powers as are ‘ vested                        Court.
Court in respect of,--—
                                                   di

        (a)        proof of facts by affidavit,
                                              In


        (b)         summoning and enforcing the e.ttendaneeiof {my person and
                    examining him on oath,


        (c)         compelling discovery or the production of doeumentsfend

        (d)         issuing commissions for the examination of witneaaes.

     (2) In the case of any such efficiavit, any officer appointed by the
Tribunal in this behalf may administer the oath to the deponent.
                                                                                         Appeals.
      152.         (1)     An Appeal against an erder or decision under section
 4,9,11,1'2,13,14,17,2139,35,733 and 105 shall 1ie,-—-

         (a)        if made or sanctioned or approved by the Registren'5 01' the
                    Additional or Joint Registrar on Whom powers of the
                    Registrar are conferred, to the State Government.

            (1))     if made or sanctioned by any peracn other than the Regis-
                     trar,. or the Additional or Joint Regietram on whom           the
                         powers of the Registrar are eonferred to the Registrar.
                     (2)    An Appeal against an order or decision under sections '79, 85
                and 88, and any order 13aseed by the Registrar for paying compensation
                to a society, and any a:her order for which an appeal to the Tribune]
                has been provided under- this Act eheh lie to the Tribune].
                     (3) An appeal under subsasetieh (1) us (2)3}4311336 filed within 'LWU
                nmnths of the date of the communication of the erfier 01- deeieien.     '

                     («4) ,Seve 21-3 provided in this Act, no appeal shall lie against any
                order, deeieien or award passed in accordance With this Act; am? every
                Such order, decision er award shall be final, and Where any appeal has
                been provided for, (my order passed on appeal shell be final and no
                further appeal she‘ll lie against it.
Extension             153. In all cases in which it is provided under this Act that an
of period of     appeal may be filed against any decision or order within a specified




                                                     e
                 period, the appellate ant hority may admit an appeal after the expiry of
limitation




                                              od
by eppe‘fiate
authority        such ‘perieé, if the appellant satisfies the appellate authority that he
in certain       heal euffieient ezmse fe‘e net preferring the appeai within such peried.
                                       aC
ensue.
“l'owm- of            154.1    (1) The Registrar may, ot' his own motion 01* an application,
State Govt.      can fer and examine the records of any officer subordinate to him not
                                  di

and Regis—
trar to mail
                 being Additional Registrar or Joint Registrar, and the State
                 Govemment may, of its own motion or: on application, can for and
                              In


for pmeea-
dings 'ef        examine the records of the Registrar, Additionai Regie'rer 01‘ Joint
arahsrdinm e     Registrar, in respect of any preeeedinge not being, 9, emceeding in
                 respect of Wdich an appeal has to the Tribunal, to satisfy himself or
officers and
to pan erdefs
there on.         itself as to the regularity of such proceedings: or legality er propriety of
                 any decision or order made therein ; end if, in any case, it epeeers to
                 the Registrar or the State Government that any such decision er order
                 should be modified, annulled or remitted for reeeneideretion, he or it
                  may order aecordingly.
                     (2) ho order prejudicial to any 1331531)!) shall be phased under
                euh=seetion (1) unless such person has been given an opportunity of
                making his representation.
                   (3) The Registrar or the State GOVernment, es the case may be,
                may sueeend the execution of the decision or order pending the
                exercise of his or its power under subsection (1).
                     (4) The Registrar or the State Govamment, may award cost in
                proceedings under this section to be paid out of the funds. of the society
                er by such other party as the Registrar or the State Government may
                 deem fit.
                     Explanation : aThe State        Government may nominate an officer not
                below the rank of Secretary to the Government to exercise the powers of
                the State Government under this section and section 152.”



                                                  Amendments

                1. These sub-leetions and words were substitut ed for section 154 of the principal
                                                        14:.
                    Act by Man, Act No. 12 of 1984' section
                                    )HAPTEH X IV
                                  MTSQETLANEO US

        155. (1) Unless otherwise provided
   from a society 0r 5mm an officer         by this Act, all sums due                Rficovery of
                                   or member or past member or a,                   sums due to
   deceased member      of a society as such to the Gove                            Government;
   recovered according to the law                          rnment, may he
                                     and unéer the rules for the time
   in force for the recoVery of arre                                  being
                                    ars of land revenue.
       (2)       Sums due from a. society to the
  under the foregoing subsection               Government and recoverable
                                      may he recovered, firstly from
  property of the sxmiety, Secondly                                        the
                                      in the case of a society of" Whic
  liability of the members is limited,                                  h the
  or the estate of deceased member
                                        from the members or past members
                                    s subject to the limit of their
  and thirdly, in the 0335 of Societie                              liabitity,
                                       s with unlimitefl liability, from the
  members or past members or esta
                                     te of deceased members.
       (3) The liability of past mem
                                      bers or estate of deceased memb
                                                                         ers;




                                                                e
  shah in MI cases be subject to the
                                      provision of section 33



                                                         od
        156.      (1}   The Registrar 011 any
  empowered by him in this beha           officer subordinate to him and            Registrar’s
                                                     aC
                                lf may, subject to such rules                      power to
  made by the State Govprnmen                                 as may be
                                 t, but Without prejudice to                       recover cer-
  mode of recovery provided by                                any other            tain sums by
                               01‘ under this Act, recOVer—
                                                di

                                                                                   attachment
         (a)      any amount due under a                                           and sale
                                         decree or order of a Civil Cou
                                          In


                                                                                   of property.
                 obtained by a society ;                                rt
         (b)      any amount due under a
                                               decision, award or order
                  ??egistrar, Arbitrator or Liq                         of the
                                                uidator or Tribunal ;
         (a I\    any sum awarded by way
                                              of costs under this Act ;
        (d)      any sum ordered to be paid
                 to the aSSets of the society under
                                               ;
                                                    this Act, a: a. contribution
        (e)      any amount due under a cer
                                           tificate granted by the Reg
                 under sub—saction (1)
                                          or                          istrar
                                              (2) of section 101 or und
                 section (1) of section 137                             er sub-
                                           ; together With interest,
                 due on such amount or su
                                           m and the costs of process if any,
                 attachment and sale or                                 by the
                                         by sale without attach
                 property cf the person aga                       ment of the
                                            ins t Whom Such decree, decisi
                                                                             on,
     (2) The Rhgistrar or
                                 the officer empowered
deemed, When exercising                                    by him shall be
                           the powers under the for
When passing any order                               egoing subsection, or
                              on any application made
recovery. to be a. Civil Cou                               to him for such
                             rt for the purposes of arti
Schedule to the Indian Limita                            cle 182 in the First
                                 tion Act, 190  8.        ‘
   (38
  Power to                 157.     The State Government may, by general or specia
  exempt                                                                               l order, to
                      be published in the Official Gazette, exempt any
  societies                                                                    society or class of
  from pro-           societies from any of the provisions of the Act or
                                                                            may direct that such ,
  visions of          provision shall apply to such Society or class
  Act.                                                                     of societies with such
                      ziilodifiaations not efiecting- the Substance thereof as
                                                                              may be specified in.
                      t e or er:
                            Provided that, no order to the prejudice of any
                                                                             Society shall be
                      passed, Without an opportunity being given to such societ
                      its case;
                                                                                y to represent
                                                         ~                                 1
  13 mm in 3 etc.          158.     (1)   No society shall open a branch or a piece of
  of societies                                                                         business
  outside the        outside the State of Manipur end no co-operative societ
                                                                                 y registered upon
  State.             any law in any other State open a branch or a
                                                                          place of business in the
                     State of Menipur without the permission of the RegiStrer;




                                                             e
                          (2)     Every (foaoperative society registered under any law
                                                                                       in
                     other State, and permitted to open a branch or a piece of busines any

                                                    od
                     the Menipur State under the»- foregoing- subsection,
                                                                                      s in
                                                                                   01' which has
                                                                                           a
                     branch or a place'of businese'v in the Manipur State at the
                                               aC
                                                                                 commence-
                     ment-of this Act shall, Within three months‘i'rom the openin
                                                                                   g of such
                     branch or place of business or from the commencement of
                                                                                 this Act as
                                           di

                     the case may be, file With the Registrar a certified copy
                                                                             of the bye-iawe
                     and amendments and, if these are not written in English
                                                                             language, a
                                         In


                     certified translation thereof in English or Hindi and
                                                                             shall submit to
                     the Registrar such returns and information as are submit
                                                                              ted by similar
                     societies registered under this Act in addition to those
                                                                              which may be
                     submited to the Registrar of the State where such society
                                                                                     is registered.

 Handing:                 159.     (1)    On the election of a new Board and its Chairman the
 over resume        retiring Chairman, in Whose place the new Chairman is elected shall
 and proper.        hand over eharge of the affine of the Beard and all papers and property,
 by to new
 Chairmen           if any, of the society in possession of the Board or any officers thereof,
 on election,       to thernew Chairman of the Board.
                         (2) If the retiring Chairman fails or refuses to hand over charge,
                    or to handover. the: papers and property of the society aseforesaid,
                    the Registrar, or any person empowered by him in this behalf, may
                    by order in writing dimct him to forthwith hand over such charge
                    and property.
                         (3) If the retiring'CheiI-man to whom a. direction has been isaaued
                    as aforesaid does not comply withjuch direction, he shall on conviction
                    be punished With Iimpie imprisonment Which may extend to one month,
                    er with fine which may extend to five hundred rupees, or with both,
                    and the Registrar may on the retiring Chairman’s failure to comply
                    with such direction, take order for seizing the records ami property ‘
                    and to hand over to the new Chairman, in the manner provided in
                    section 80.

Registrar                160.     The Registrar, a. person exercising the power of the Registrar,
and other ‘         a person autherisedto audit the accountsef a. society under seetion 81,
officer to be
public ler-
                    or to hold an enquiry under section 83,- or to make au‘inspection under
vents,              section 84, and a person appointed as an administrator under section 78,
                                                                                                        69
      or as a. nominee or board of nominees under section 93, or as a Liqui-
       dator under section 103, shall be demeed to be public setVunts within
     , the meaning of section 21 of the Indian Penal Code.
           161.          No suit, prosecution or other      legal proceedings shall lie      Indemnity
      against the Registrar or any perSOn subordinate to him or acting on his                for acts
                                                                                             done in
      authority, in refipect of anything in good faith done, or purported to
                                                                                             good faith.
      have done by him by or under this Act.
          162.           (1)   Save as eXpreSsly provided in this Act, no Civil or           Bftr of juris-
      Revenue Court shall have any jurisdiction in respect 055—“                            diction of
                                                                                            Courts=
                (a)      the registration of a, society‘or its bye-iaws, or the amendment
                         of its bye-Iews, or the dissolution of the board of a society,
                         or the management of the society on dissolution in
                         thereof ; or
                (b)      any dispute required to be referred to the Registrar,        or
                         his nominee, or board of nominees, for decision ;
                {(2)     any matter concerned With the winding up and dissalution
                         of a society.




                                                                               e
          (2)          Whilea Society is being wound up, the Suit or other legal


                                                                         od
     proceedings relating to the business of such society shall be proceeded
     With or instituted against the society or any member thereof, or any
                                                                  aC
     matter touching the afi'airs of the society, except by leave of the
     Registrar, and subject to Such terms as he may impose.
                                                              di

         (3) All orders, decisions or awards passed in accordance with this
     Act or the rules, shall, subject to the provisions for appeal or revision
                                                         In


     in this Act be final, and no such order, decision or award shall be liable
     to be challenged, set aside, modifiefi, revised or declared Void in any
     Court upon the merits, or upon any other ground whatsoeVer except
     for want of jurisdiction.

          163. No Suit shall be instituted against a Society, or any of its                 No tice
     officers, in respect of any act touching the business of the society, until             necessary
     the expiration, of two months next after notice in writing has been                    in suits.
     delivered to the Registrar or left at his office, Stating the causes of
     action, the name, deacription and place of residence of the plaintifi' and
     the relief which he claims, and the plaint shall contain a statement that
     such notice has been so delivered or left.

         164.           (1)    The State Government may, for the Whole or any part          Rules.
     of the State and for any society or class of Soeieties, make rules for the
     conduct and regulation of the business of such society or class of soeie-
\.




     ties and for carrying out the purposes of this Act.

         ‘2)         In particular, and without prejudice to the generality" of the
     foregoing power, such rules may—
               (i)       subject to the provisions of section 3, prescribe the designa-
                        tion of officers who shall exercise powers vested in the
                         Registrar ;
         (ii)     prescribe the forms to be used and the conditions to be
                  complied with in the making of applications for the regis- /
                  tration of a society under section 8 and the procedure in (
                  the matter of such application ;
     (iii)        prescribe the matters in respect of Which a society may
                  make, or the Registrar may direct a society to make,
                  bye-laws and the procedure to be followed in making,
                 altering and abrogating bye-Iaws and the conditions to be
                  satisfied prior to such making, alteration or abrogation
                                                                          ;
         (iv) prescribe the procedure to be followed and conditions to be
                 observed for change of name or liability, amalgamation,
                 transfer, division, conversion, or reconstruction of society
                                                                              ;
     (v) prescribe the form             of and procedure for an application
          under section 19 and the procedure for reconstruction of
                                                                   a
           society under that section ;




                                           e
     (vi) prescribe the conditions to be complied with by a person


                                      od
                 applying for admission or admitted as a member and
                 provide for the election and admission of members and the
                                aC
                 payment to be made and the interests to be acquire
                                                                         d
                 before the exercise of the right of the membership ;
                          di

   (vii) prescribe in the case of a federal society, or class of federal
                 societies, the proportion of individual members or society
                      In


                 members in such society or class of societies and the propor-
                 tion of individual members to society members in the board
                 of such society or class of Such societies ;
  (viii) subject to the provision of section 28, prescribe the maxi-
         mum number of shares or portion of the capital of a society
                which. may be held by a member ;
   (ix)         prescribe the procedure for the admission of joint members,
                members of a joint Hindu undivided family, and minors and
                persons of unsound mind inheriting the share or interest of
                deceased members and provide for their rights and liabilities ;
    (2:)        provide for the Withdrawal, removal or expulsion of members,
                and for the payments to them and for the liabilities of past
                members and the estate of deceased members ;
 (xi)       prescribe the conditions and procedures for the transfer of
                share or interest ;
 (xii)          provide for the nomination of a person to Whom the share
                or the interest of a deceased member may be paid or
                transferred ;
(xiii)      provide for ascertaining the value of a share or interest of a
            past member or deceased member ;
(xiv)      prescribe the payments to be made and the conditions to be
           complied With by members applying for loans. the period
           for which loans may be made, and the amount which may
           be lent to an individual member ;
                                                                                71,
   (XV)    provide for the procedure for registering the address'of a
           society and the change of its address.
  (xvi) prOvide for the formation and maintenance of a registe
                                                               r of
           members, and where the liability of members is limited by
           shares, of a register of shares and a. list of members ;

  (xvii) provide for securing that the share capital of any society
           shall be available in such a. Way as may be necessary to
           secure that the share shall not appreciate in value and that
           necessary capital shall be available for the society as requirec’;
  (xviii) provide for the procedure to be adopted by a society
                                                                   with
          limited liability in order to reduce its share capital ; '
  (xix)    prescribe the period for and terms upon Which Government
           aid may be given to societies and terms under which the
           State Government may subscribe to the share capital of
           and guarantee the payment of the principal of and interest
           on debentures issued by societies ;
   (xx)    regulate the manner in which funds may be raised by a




                                                                        e
           society or class of societies by means of shares or debenture


                                                               od
           or otherwise and the quantum of funds so raised ;
 (xxi)
                                                         aC
          prescribe the limits for loans to be granted bya. society
          or class of societies against different class of securities or
          without security and the procedure for granting loans ; .
                                                    di

 (xxii) prescribe the manner of recalling a. loan ;
                                               In


  (xxiii) prescribe the limits for granting credit by
                                                        a. non-credit
          society or a. class of non~credit Societies ;
 (xxiv) prescribe the pfohibitions and restrictions subjec
                                                           t to Which
           societies may trade or transact business with persons Who
          are not members ;
 (xxv) preacribe the conditions on which any charge in favour
                                                              of a
       society shall be satisfied and the extent to Which and the
          order in Which the property to the charge shall be used
                                                                  in
          its satisfaction ;                              A
 (xxvi) provide for giving reasonable notice of the charge under
          section 48 ;
(xxvii) prescribe the procadure by Which a sociegy shall calculat
                                                                 e
        and write off bad debts ;
(xxviii) prescribe the sums Which, in addition to those
                                                        referred to in
         section 65(1), shall be deducted from profits before arrivin
                                                                     g
          at the profits for the purpose of section 65(2) ;          ‘
(xxix) provide for the formation and maintenance of reserv
                                                          e fund,
       and the objects to which such fund may be applied and for
       the investment and used of any fund including reserve fund
        under the control of a society ;
72

       (xxx) prescribe the procedure and conditions under which profits
                may be distributed ;
      (xxxi) prescribe the rate at Which a. society shall contribute to:
             wards the educational fund of the State Federal Society
                under section (38 ;                                    '
       (xxxii) define the co-operative purpose for Which a. society shall,
                under section 69‘, utilise its fund ;
      (xxxiii) prescribe the mode of investment of funds of a society under
               section. 70 end the proportion of inVestmtnt in any ecurity
                or class of securities ;
      (xxxiv) provide for the payment of cotribution to any provident
                fund Which may be established by a, society for 1the benefit
                of officers and servants employed by it and for the adminis.
                tration of such provident fund ;




                                       e
       (xxxv) prescribe the procedure and conditions for the exercise by


                                   od
              a federal society of the powers conferred by this Act ;
     (xxxvi) provide for general meetings of the members, for the pro-
                         aC
                cedure at such meetings and the powers to be exercised by
                such meetings ;
                     di

     (\xxxvii) prescribe the conditions in which a. membrr of a. society may
               be disqualified from voting ;
                In


     (xxxvi‘ii) provide for the appointment, suspension and removal of the
                Board membere and other officers and for the appointment
                of administrator under section 78 and prescribe procedure
                of the meeting of the Board end for the powars to be
                exercised and the duties to be performed by the Board,
                administrator and other officers ;
     (xxxix) prescribe qualifications for        members of the Board and
                employees of a. society or class of societies (duties to be
                performed by, and several and joint lialibilities therefor, of,
                such members) and the conditions of service subject to Which
                persons may be employed by societies ;
        (xl)    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 ;
        (xli)   provide for the persons by Whom and the form in Which
                copies of documedts and entries in books of societies may
                be certified and the charges to be levied for the supply of ,
                copies thereof ;

       (xlii)   provide for the procedure to be adopted by the Registrar in ..
                the cases Where the taking of possession of books, documents,
                securities, cash and other properties of a society or of a.
                society the afiairl of which have been ordered to be wound
                up, by the Registrar or by a. person entitled to the same is
                resisted er obstructed;
                                                                          73

(xliii) provide for the procedure to be adopted for taking possession
        of books, documents, securities, cash and other properties
          of a. society by a, person acting under secttons 81, 83 end
          84 in cases where misappropriation of funds, breach of
          trust or fraud has been committed or where it is suspected
          or apprehended that the books, documents, securities, cash
          and other properties are 11];er to be tampered With or
          destroyed or rempved,
(311v): iphl'psclfibe the. account   books to be kept by e soeiety or
          class of Societies ;

(xlv) » prescribe the procedure for conducting an audit, the matters
        on Which the auditor shell submit a. report, the form in
        whichthe statement of accounts shall be prepared for his
        audit, the limits within which the auditor may examine the
          monetary transactions of a. society, the form of audit
          memefendumfl and report and the chargee, if any, to be
          paid by a. society for audit ;

(3114): — prescribe theprocedure for appointment of auditors under
          section 81 ;
(xlvii) ' prescribe the form for the rectification of defects discovered
          in the course of audit, inspection or inquiry ;




                                                                e
                                                            od
(elviii) prescribe the procedure and principles for the conduct of
       inquiry fender section§3 and inspection under section 84 ;
                                                   aC
 (xlix) prescribe the procedure for apportioning the cost of4 inquiry
        and in_epection and for, assessing damages against. delinquent
                                               di

        premgtere fujnderh section. 88 end for recovery of cost and
                                           In


          damage!
   (.1)   prescribe the manner in which appointment shall be, made
          end control exercised by and the number of persons com-
          prising, and functions to be performed by, the authority
          constituted under section 90, the manner of election and
          nomination of such persons, the fees to be paid to such
          authority and the manner of such payment and the procedure
          for and the method of calculating any cost, charges or expen-
          ses required to be levied under this Act or the rules ;

   (ti) of
        provide for appointment of the Registrar’s nominee or board
           nomineeS, procedure to be followed in proceedings before
          the Registrar or his nominee or board of nominees and for
          fixing and levying the expenses for determing the dispute
          for enforcing the decisions or awards in such proceedings ;

 (Iii)    prescribe the form in which a. dispute: shall be referred to
          the Registrar ;
 (mi)     provide for the issue and service of processes and for pro-
           viding of service thereof;
'74
                                          of claims and objection that
      (3‘7) provide for the investigation
                                       any attachment effected (under
                 may be preferred against
                 section 95) ;                                                     (é



       (1V)      prescribe the procedure for and the method of recovery of
                 any sums due under this Act or the rules ;
       (lvi)     prescribe the procedure to be followed for the custody of
                  property attached under section 9:) ;
      (lvii)      prescribe the procedure to be followed in the execution of
                  awards ;
                                                                                deli-
      (Iviii)     prescribe the manner in which any property shall be
                                                       ions  subject to which   such
                  VPI‘ed to, and the term and condit
                  property   shall be held by,  a society under  section 100  ;
                                                                   sale of the pro-
        (Iix)     prescribe the procedure for attachment and
                                                                                    n
                  perty for the realisation of any security given by a perso
                  in the Course of eXecution   proce eding s ;




                                                           e
                                           conditions for the exercise of the


                                                    od
         (1X) prescribe the procedure andsection  105 and the procedure to
                  powers conferred under
                  be followed by a Liquidator and provide for the disposal
                                             aC
                  of surplus assets ;
        hm)       prescribe the matter in which an appeal shall lie
                                                                    from the
                                         di

                                                                          ;
                  order of a. Liquidator appointed under section 103
                                    In


       (lxii)     prescribe the procedure and conditions for the issue, redemp.
                                                                 sion of deben.
                  tion re-issue. transfer, replacement or conver
                  tures issued by a. society to which chapter X1 is applicable ;
       (lxiii)    prescribe the maximum amount of principal, the rate of
                                                                               s
                  interest and other conditions for the guarantee of debenture
                  issaed by a society to which Chapter X1 is applicable ;
                                                                 tment of
        (lxiv) prescribe the qualifications and methods of appoin
                                                              the powers
                  an officer to efi'eet sale under Section       233 and
                                                                   ;
                   and functions which such an officer may exercise
                                                                             e
        (1“)       prescribe for the appointment of a. receiver of the produc
                                                                       section
                   and income of the mortgaged property for sale under
                                                                              d,
                   133. the conditions in which he may be appointed or remove
                                                                          e and
                                                            exercis
                   or the powers and functions which he may
                                                               which he
                   the expenses of management and remuneration
                   may receive ;
                                                                        taken
        (vai)      precribe the circumstances in which action may be under
                   by a Land Development Bank     agains t a mortg agor
                   section 133 (2) ;
                    prescribe, in case of sale of immovable          property under
        (lxvii)
                    Chapter XI—
                   (a) the procedure for proclamation and conduct of the
                        sale and the conditions on which an attempt of sale
                        may be abandoned ;
                   (b) the method of calculating the expenses
                                                              incidental to
                           the sale or attempted sale ;

                   (c)    the procedure for the receipt of deposit and dispos
                                                                              al
                          of the proceeds of sale ;
                   (d)    the procedure for a resale if any attempted
                                                                      sale is
                          abandoned or the purchase money is not deposi
                                                                          ted
                          within the presoribed time aid the penalty to be levied
                          against the purchaser who fails so to deposit the pur-
                          chase money ;
                   (e)    the form and method of disposal of money by a. Land
                          Development Bank under section 135 ;
                  (f)     the form of sale certificate under section 136
                                                                        ;
                  (g)     the procedure for the delivery by the
                          property purchased to the purchaser        Court of the
                                                               under section 136;
                  (h)    the form of the notice referred to in
                                                                 section 143 ; and
                  (i)     the fee payable for the service of such notic
                         manner of serving such. notic
                                                                      es and the
                                                          e on, and of the trans-
                         mitting landlords’ fee to, the landlord




                                                            e
                                                                  named in such


                                                          od
                         notice: ;
        (vaiii) prescribe the time within whic
                                               h and the
                to which property purchased by a Lan procedure according
                                                aC
                                                        d Development Bank
                at a sale of immovable property unde
                                                      r Chapter XI shall be
                disposed of by the bank ;
                                            di

        (ixix) prescribe the procedure to be
                                                 followed in presenting and
                deepoeing of appeals ;
                                        In



        (lxx) pnescribe the qualifications of
                                              the members of the Tribunal ;
       (lxxi)    presaribe the method of communic
                                                 ating or publishing any
                 order,    decision or aWard required to
                                                         be communicated or
                 published under this Act or the Rules ;
       (lxxii)   prescribe in the case of ?appeale
                                                     lyin
                 ment the authority to which powe g to the State Govern-
                                                 r of hearing appeals may
                 be delegated;
       (lxxiii) provide that the contraventio
                                                  n of any of the rules shall be
                 an offence under the Act ;
     (lxxiv) provide for all other matt
                                         ers expressly required or allowed
             by this Act to be preteribed by rule
                                                    s ;
      (3) The power to make rules conf
?to the condition of the rules bein        erred by this section is subject
                                    g made after previous publication
                                                                      ;
5g     (4). All rules made under
                                 this section shall be laid for
                                                                not less

:    the Legislature may make dur
                                 ing the Session in which the
bid or the session immediately foll                               \
                                    owing.                   'y' 81‘930
     76
   Repeal, u-
   ving and                    165.   (1)   The Assam Cooperative Societie
                      1950) in its application to the Stat                s Act, 1949 (Act 1 of
   construction,                                           e       of Manipur is hereby repealed ;
                           Provided that, the regeal shall not
                      the Act so repealed and anything
                                                               efl'ect the previous operation 9;
                                                         done or action taken or deemeqJ
                     have been done or taken (inc                                            of
                                                       luding any appointment or dele
                     made, a publication or other docu                                   étit/
                                                          ment filed, certificate of registration
                     granted,~ agreements executed, noti
                                                          fication, order, direction or noti
                     issued, regulation. form or bye-laws fram                               ce
                                                               ed mile made or deemed to be
                     made or proceeding instituted befo
                                                              re apy Registrar, Arbitrator,
                     Liquidator or Tribunal or other
                                                         Officer, authority or person, by
                     under the pgovisionsof that                                             or
                                                       Act, shall, in so far
                                                                  as it is not inconsistent
                     with the provisiong ,of this Apt,
                                                       be deemed to haVo been done
                     taken under the corresponding provisio                              or
                                                            ns of this Act, and shall continue
                     in force unless and, until superseded
                                                           by anything done or any action
                     taken under, the Act.
                          (2)     Aeoordingly, all societies register
                                                                    ed or deemed to be registered
                     under_ the Act repealed the registra
                                                               tion of which is in force at the
                     commencement of this Act shall on such
                     be registered under this Act and
                                                                    commencement be deemed to
                                                         all proceedings pending immediat
                     before such eommenoement before any                                     ely
                                                               Registrar, Arbritator, Liquidator
                     or Tribunal or other officer, authority




                                                                           e
                     the repealed Act shall stand tran
                                                               01‘ person under the provisions of


                                                                       od
                                                           sferred, where necessary, to tho
                    RegliystrartpArbitrator, Liquidator or
                                                             Tribunal or other corresponding
                    Officeit, authority‘under this Act and
                                                              if no such officer, authority or
                                                               aC
                    person/exiStg 017 if there be a doubt
                                                               as,
                    authority or persons to such officer, auth to the corresponding officer,
                                                                 ority or person as the State
                    Government may designate and shal
                                                          di

                                                              l be continued and disposed of
                    before such officer, authority or person in
                                                                  accordance with theprovisions
                    of this Act.
                                                      In



                         (3)     Any reference to the Act repealed or
                    or toany officer, authority or pers             to any provisions thereof
                                                         on entrusted with any functions
                    thereunder, in any law for the time
                                                        being in force or in any instrument
                   or document,        shall   be, construed   where
                                                                   neoesary, as a reference to
                   this Act, or its relevant provisions unde
                                                             r this Act, and the corresponding
                   officer, authority or person, as the case
                                                              may he shall have and exercise
                   the functions under the          repealed Act or under the instrument
                   document.                                                             or

Companies               166. For the removal of doubt, it is
Act not to         provisions of the Companies Act, 1956 hereby declared that the
aPPly                                                        shall not apply to loeieties
                   registered, or deemed to be registered under thieA
                                                                               et.


                                                      CHAPTER xv
                                       manner) COOPERATIVE BANKS
                     16-7; Notwithstanding anything containe
                of an insured co-operative bank-             d in this Act, in the case
                                             “J?   ~"" ~“'    ,9“   a,
           (i)    an order for the winding up, or an 'brder sanctioning a
                  Scheme of compromise or arrangement, or of amalgamation,
                  or recenstructien (including division or reorganisation), of
                  the‘ bank may be made only With the previous sanction in
                  writing of the Reserve bank of India ;
           (if) an order for the Winding up of the bank shall be made by
                the Registrar if so required by the Reserve Bank of India, in
                  the circumstances referred to in 1[sect 13-D] of the 2[Deposit
                 Insurance and Credit Guarantee t30rpomtion] Act, 1961;
         iii)    if so required by the Reserve Bank of India. in the public
                 interest or for preventing the affairs of the bank being con—
                 ducted in a. manner detrimental to the interests of the
                 depositors or for securing the proper management of the
                 bank, an order shall be made for supersession (removal) of
                 the committee of management and the appointment of an
                 Administrator therefor for such period or periods, not
                 exceeding five years in the aggregate, as may from time to
                 time be specified by the Reserve Bank of India, and the
                 Administrator so appointed shall, after the expiry of his
                 term of office, continue in office until the day immediately
                 preceding the date of the first meeting of the new committee ;
        (iv)     no appeal, revision or review shall lie or be permissible
                 against an order such as is referred to in clauses, (i), (ii)
                 or (i) made with the previous sanction in writing or on
                 the requisition of the Reserve Bank of India. and such order




                                                              e
                 or sanction shall not be liable to be called


                                                             od
                                                                         in question
                 in any manner ; and
         (v) the liquidate: or the insured oo-operetive bank or transferee
                                                   aC
             bank, as the case may be, shall be under an obligation to
             repay the ”[Deposit Insurance and Credit Guarantee Corpo-
             petion] established under the ‘[Deposit Insurance and Credit
                                             di

             Guarantee Corporation] Act, 1961, in the circumstances.
                                        In


             to the extent and in the manner referred to in section 21 of
             that Act.
      Explanation :—For the purposes of this section “A Go-operative
  rank” means a. bank as has been defined in the 5[Deposit Insurance and
 Credit Guarantee Corporation] Act, 1961.
        (ii) “Insured Co-operative Bank” means a. society which is an
                 insured bank under the provisions of the 6[Depoeit Insurance
                 and Credit Guarantee Corporation] Act, 1961.
       (iii)     “Trensferee Bank” in relation to an insured co-operative
                 bank means a, co-operative bank,
        (a)      with which such insured oo-operative bank is amalgamated, or
        (b)      to which the assets and liabilities of such insured co-operetiva
 ‘               bank are transferred, or
        (G)      into which such insured co-operative bank is divided or con-
                 verted under the provisions of sections 17 and 18.
7f                          t
 /                                 Amendment
1) The word. figures and letter were subetituted for the word and figures "section
 L; 130” by Man. Act12 of 1984, aeoton 15.
2, 3, 4, 5. 6 z— The Words “Deposit Insurance and Credit Guarantee Corporation
     were substituted for the words "Deposit Insurance Corporation” by         ”
                                                                       Man, Act
     12 of 1984, sect. 15.

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