Karnataka Co-Operative Societies Act, 1959
Karnataka Co-Operative Societies Act, 1959
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3. Omitted
4. Societies which may be registered.
5. Registration with limited or unlimited liability.
6. Application for registration of co-operative societies.
7. Registration.
8. Registration certificate.
9. Co-operative societies to be bodies corporate.
10. Change of name of co-operative society.
11. Change of liability.
12. Amendment of bye-laws of a co-operative society.
13. When amendments of bye-laws come into force.
14. Amalgamation, transfer of assets and liabilities and division of co-operative
societies.
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14A. Omitted.
14B. Registrar to prepare scheme for amalgamation of co-operative banks in
certain areas.
14C. Liability of co-operative bank to the Deposit Insurance Corporation.
15. Cancellation of registration certificates of co-operative societies in certain
cases.
CHAPTER III
MEMBERS OF CO-OPERATIVE SOCIETIES AND THEIR RIGHTS AND LIABILITIES.
CHAPTER VA
ELECTION OF MEMBERS OF THE COMMITTEES OF CO-OPERATIVE SOCIETIES.
63. Audit.
64. Inquiry by Registrar.
65. Inspection of books of a co-operative society.
65A. Report of inquiry, inspection and final report to be made available to a
credit agency.
65B. Inspection of books of co-operative society by a credit agency.
66. Power to seize books and property.
67. Costs of Inquiry.
68. Order by the Registrar.
69. Surcharge.
CHAPTER IX
SETTLEMENT OF DISPUTES.
76. Definitions.
76A. Application of Chapter to Agriculture and Rural Development Banks.
76B. State and other Agriculture and Rural Development Banks.
77. Appointment of Trustee and his powers and functions.
78. Trustee to be a corporation sole.
79. Issue of debentures.
80. Charge of debenture holders on certain properties.
81. Guarantee by State Government of principal of, and interest on,
debentures.
82. Other guarantees by State Government.
82A. Powers of Agriculture and Rural Development Banks to advance loans and
to hold lands.
82B. Mode of dealing with applications for loans.
82C. Order granting loan conclusive of certain matters.
83. Priority of mortgage over certain claims.
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97. Sections 102, 103 and 104 of the Transfer of Property Act, 1882, to apply
to notices under this Chapter.
98. Power to Board of State Agriculture and Rural Development Bank to
supervise Agriculture and Rural Development Banks and make
regulations.
CHAPTER XII
EXECUTION OF AWARDS DECREES ORDERS AND DECISIONS.
CHAPTER XIV
OFFENCES AND PENALTIES.
109. Offences.
110. Offences by Companies.
110A. Power to compound offences.
111. Cognizance of offences.
CHAPTER XV
MISCELLANEOUS
111A. Omitted.
111B. Preservation of records.
112. Prohibition against the use of the word Co-operative.
113. Address of a co-operative society.
114. Copy of Act, rules and bye-laws to be open to inspection.
115. Omitted.
116. Orders to be pronounced.
117. Procedure for settlement of disputes and power of the Registrar or any
other person to whom a dispute is referred for decision under section 70.
118. Bar of jurisdiction of courts.
119. Application of Limitation Act.
120. Power to exempt societies from conditions of registration.
121. Power to exempt socities.
122. Register of Members.
123. Proof of entries in co-operative societies books.
124. Service of notice under the Act.
125. Notice necessary in suits.
126. Acts of co-operative societies not to be invalidated by certain defects.
126A. Omitted.
127. Indemnity.
127A. Office bearers, members and employees of co-operative societies to be
public servants.
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adoption. At present five different Co-operative Societies Acts are in operation in the
different parts of the Mysore State. This is a source of considerable administrative
inconvenience. It is necessary to have a uniform Co-operative Societies Law as
applicable to the whole of the State.
Government have, therefore, decided to introduce the present Bill. The Bill has
been drafted after taking into consideration the Model Co-operative Societies Bill
recommended by the Committee on Co-operative Law appointed by the
Government of India. The principle of State partnership in Co-operative Societies
and State participation in their management has been accepted and incorporated in
the relevant provisions of this Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 10th April
1958 as No. 21 at page 1.)
II
Amending Act 40 of 1964.The Mysore Co-operative Societies Act, 1959,
which was brought into force from First July 1960 has revealed in the course of
working the need for some amendments for speedy implementation. It has also
become necessary to amend the chapter relating to the Mysore Central Land
Mortgage Bank Ltd., so that the Bank could take up expeditiously development
activities for which funds could be made available from the provision made under
Taccavi loans or from the funds borrowed from the Agricultural Re-finance
Corporation of India or from the debentures raised by the Bank itself. Hence the
amending Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 18th June
1964 as No. 152 at page 55.)
III
Amending Act 27 of 1966. Note.-By this Act the Karnataka Agricultural
Produce Marketing (Regulation) Act, 1966 (Karnataka Act 27 of 1966) was enacted.
Certain consequential amendments are made therein to this Act .
IV
Amending Act 16 of 1967. Consequent on the amendment of the Central
Sales Tax Act by the Parliament providing for the enhancement of the rates of tax
applicable to the declared good under the local sales tax laws, it has become
necessary to amend the IX Schedule which specifies the declared goods and the
rates of tax applicable to them. The rates of tax applicable tot he declared goods
specified therein are now being enhanced accordingly.
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invalid and ineffective. Further, execution of orders, decisions and awards could not
be proceeded with except in cases where members of the society were interested in
the properties liable to attachment and sale. Consequently, the Co-operative
Societies could not pursue the expeditious procedure for recovery under the Co-
operative Societies Rules.
Hence it became necessary to empower the Registrar and his subordinate to
exercise the powers of investigating claims to property attached in the execution
of the orders, decisions and awards.
As the Houses of Legislature were not in Session and the matter was urgent, an
Ordinance was promulgated amending section 101 of the Act and validating the
action already taken. Thereafter before the Ordinance could be replaced by the Act
of State Legislature, the State Legislature was suspended by the proclamation of
the President dated 27th March 1971 under article 356 of the Constitution. The Bill
is intended to replace the Ordinance and is for enactment under the provisions of
the Mysore State Legislature (Delegation of Powers) Act, 1971.
The Consultative Committee on State Legislature relating to Mysore at its
second meeting on the 7th December 1971, has considered the Mysore Co-
operative Societies (Amendment) Bill, 1972, and has accorded its approval of the
same.
(Obtained from Presidents Act 1 of 1972.)
VI
Amending Act 14 of 1973.The post of Director of Sugar has been created to
fulfil the need for a single agency to deal with all matters relatings to sugar industry
in the State in a comprehensive and co-ordinated manner. Since there are a
number of sugar factories already in the co-operative sector and more factories are
likely to come up in future it was necessary to designate the Director of Sugar as
Additional Registrar of Co-operative Societies in respect of all the Sugar Factories
in the co-operative sector. At present the Registrar of Co-operative Societies is
dealing with all matters relating to Co-operative Sugar Factories and it is felt that the
Director of Sugar should assist the Registrar in the discharge of his functions in
respect of Co-operative Sugar Factories. The Additional Chief Marketing Officer has
been designated as Ex-Officio Additional Registrar of Co-operative Societies.
2. Section 2-A of the Mysore Co-operative Societies Act, 1959 provides for the
appointment of an Additional Registrar of Co-operative Societies. In order to enable
the Additional Chief Marketing Officer and the Director of Sugar to be designated as
Additional Registrar of Co-operative Societies and also in order to provide for future
contingencies it is considered necessary to amend the provision to enable
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suggested certain changes in the Bill. As elections to the State Legislature were to
be held the Bill was not enacted as a Presidents Act.
It is now considered necessary to amend the Mysore State Co-operative
Societies Act 1959, so as to facilitate the extension of Deposit Insurance Scheme to
Co-operative Banks, to allow for the admission of Commercial Banks as nominal
members of the Co-operative Societies, to afford relief to the borrowers from Co-
operative Society to get proportionate release of charge on lands where partial
discharges of loans are made and where Area Development Works are taken up in
compact areas to protect the interest of Government or Land Development Bank
financing the scheme, to make suitable provision in the Act for nomination of two-
thirds of the total number of Directors on the Board of Directors of any Co-operative
Society in which Government hold shares of the value not less than 50 percent of
the share capital of Co-operative Society, to make provisions of framing T.A. Rules
of the members of the Co-operative Societies, to provide for the Central Banks to
initiate the Arbitration Proceedings on some of the members of the Primary Co-
operative Societies, to make provision for disqualification of defaulters from
membership of committee of Management, to provide for the commencement of
term office of the members, resignation of Members of the Committee and for
disqualifying a member to be appointed or continued as President, vice-president,
etc., of a co-operative society for more than six consecutive years, to provide for the
constitution of a bench comprising of two members, by the Chairman, Mysore Co-
operative Appellate Tribunal and to make provision enabling Government to
constitute an authority/authorities for the recruitment, training, etc., of employees of
the Co-operative Societies.
During the Presidents rule, section 101 of the Mysore Co-operative Societies
Act, 1959 was amended by President Act No. 1 of 1972. This was to overcome the
difficulty arising out of the decision of the High Court in regard to execution of
decree against non-members. As the operation of the Presidents Act is upto March
1973, and it is necessary to continue the provisions made therein, these provisions
have to be re-enacted.
Hence the Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 26th February
1973 as No. 179 at page 2224.)
IX
Amending Act 19 of 1976.The Karnataka Co-operative Societies Act was
amended on 10th March 1976 providing for reorganization of Co-operative Societies
with a view to making the Societies more viable and to serve the interest of weaker
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sections in particular and to slacken the hold of vested interests over the Societies.
But even after the amendment of the Act, it was seen that there were some
difficulties in the timely and effective implementation of the provision of the Act. It is
also considered necessary to provide for legal steps towards ensuring proper
management of the Co-operative Institutions as also for effective action on the
erring Co-operative Societies. Accordingly the provisions pertaining to the following
matters have been amended suitably by promulgating Ordinance Nos. 15 and 19 of
1976 on 19th July 1976 and 7th August 1976 respectively:
(1) Reorganization of Co-operative Societies.
(2) Appointment of Special Officers to Co-operative Societies.
(3) Power to give direction to Co-operative Societies.
(4) Appeal provisions under the Act as consequential measure.
(5) Removal and disqualification of members on the Committee of Management.
(6) Extending the indemnity provision to the new Management Committee and
the Administrators and Special Officers appointed under the Act.
The reorganization of Co-operative Societies was of an urgent nature. The
Reserve Bank of India and the Government of India were pressing all State
Governments to immediately complete the reorganization of Co-operative Societies
so as to enable effective implementation of the 20 Point Economic Programme.
In certain cases immediate action for taking over the management of Co-
operative Societies is considered essential. Hence a new Section 30(A) has been
included. It is also considered to have legal authority to enable Government to give
directions in public interest, to Co-operative Societies. Provision for removal of
members of the Committees existed in the rules. It was necessary to make
provision under the Act.
The provision regarding the indemnifying the officers who acted in good faith
was sought to be extended to the new Committees of Management as also
administrators and the Special Officers appointed under the Act is considered
necessary.
All the amendments were of urgent nature in the interest of development of Co-
operative Movement on right lines and in the absence the Legislative Assembly in
Session recourse to promulgation of Ordinance had to be resorted to.
These amendments do not involve additional cost to Government.
This Bill seeks to replace the said Ordinances.
(Published in Karnataka Gazette (Extraordinary) part IV-2A dated 8th November
1976 as No. 4430 at page 7 & 8.
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X
Amending Act 70 of 1976. The Karnataka Co-operative Societies Act was
amended on 10th March 1976 providing for reorganization of Co-operative Societies
with a view of making the Societies more viable and to serve the interest of weaker
sections in particular and to slacken the hold of vested interests over the Societies.
But even after the amendment of the Act, it was seen that there were some
difficulties in the timely and effective implementation of the provision of the Act. It is
also considered necessary to provide for legal steps towards ensuring proper
management of the Co-operative Institutions as also for effective action on the
erring Co-operative Societies. Accordingly the provisions pertaining to the following
matters have been amended suitably by promulgation Ordinance Nos. 15 and 19 of
1976 on 19th July and 7th August respectively.
(1) Reorganization of Co-operative Societies.
(2) Appointment of Special Officers to Co-operative Societies.
(3) Power to give direction to Co-operative Societies.
(4) Appeal provisions under the Act as consequential measure.
(5) Removal and disqualification of members on the Committee of
Management.
(6) Extending the indemnity provision to the new Management Committee and
the Administrators and Special Officers appointed under the Act.
The reorganization of Co-operative Societies was of an urgent nature. The
Reserve Bank of India and the Government of India were pressing all State
Governments to immediately complete the reorganization of Co-operative Societies
so as to enable effective implementation of the 20 Point Economic Programme.
In certain cases immediate action for taking over the management of Co-
operative Societies is considered essential. Hence a new Section 30(A) has been
included. It is considered to have legal authority to enable Government to give
directions in public interest, to Co-operative Societies. Provision for removal of
members of the Committees existed in the rules. It was necessary to make
provision under the Act.
The provision regarding the indemnifying the officers who acted in good faith
was sought to be extended to the new Committees of Management as also
administrators and the Special Officers appointed under the Act is considered
necessary.
All the amendments were of urgent nature in the interest of development of Co-
operative Movement on right lines and in the absence the Legislative Assembly in
Session recourse to promulgation of Ordinance had to be restored to.
These amendments do not involve additional cost to Government.
This Bill seeks to replace the said ordinances.
(Obtained from L.A. Bill No. 45 of 1976)
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In order to ensure that the accounts of the Co-operative Societies are audited by
independent persons, the State Government has created a separate audit wing with
the Chief Auditor as the head thereof. This wing has been functioning effectively
since more than two years.
In order to give the Chief Auditor and officers sub-ordinate to him statutory
recognition it was considered necessary to amend the Co-operative Societies Act
1959 suitably. As the matter was very urgent, the Karnataka Co-operative Societies
(Amendment) Ordinance 1979 (Karnataka Ordinance No. 20 of 1979) was issued.
Hence this Bill to replace the said Ordinance.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 27th February
1980 as No. 139 at page 6.)
XV
Amending Act 4 of 1980.Section 14A of Karnataka Co-operative Societies
Act was first introduced by an amendment to Karnataka Co-operative Societies Act
through Karnataka Co-operative Societies Amendment Act 1975. Sub-section (1) of
Section 14-A contained a proviso providing for the previous sanction in writing of the
Reserve Bank of India in the case of amalgamation, division, Re-organization of Co-
operative Banks. This proviso was retained when further amendment were carried
out by Karnataka Act 19 of 1976. When the Karnataka Act 70 of 1976 was
published carrying out further amendments to the Co-operative Societies Act it is
found that this proviso to sub-section (1) of Section 14-A is not found in the
Karnataka Act 70 of 1976. In this amendment the sub-section (1) of Section 14-A
was substituted by new provision and the proviso was left out.
Hence an amendment to Section 14-A is necessary for incorporating then
proviso which was left out while further amendments were made in Karnataka Act
70 of 1976.
Hence this Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 29th February,
as No. 151 at page. 3.)
XVI
Amending Act 5 of 1984.The Karnataka Co-operative Societies Act, 1959
has revealed in the course of working the need for some amendments on the lines
of the recommendations made by K. H. Patil Committee for speedy implementation.
It has become necessary to amend the provisions relating to audit, so that
Government could constitute an audit board for audit of accounts of Milk Co-
operative Unions and Milk Co-operative Federations in the State. It has also
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become necessary to amend the chapter relating to the Land Development Bank
so that the bank could take up expeditiously developmental activities for which
funds could be made available on the basis of hypothecation of moveable property.
The penalties under the Act have been enhanced by way of fine, imprisonment to
create a deterrant impact on the persons committing offences under the Act.
Hence the Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 24th February
1984 as No. 139 at page 16.)
XVII
Amending Act 34 of 1985.It is considered necessary to amend the Karnataka
Co-operative Societies Act, 1959 for speedy recovery of large amounts due from
the members of various Co-operative Institutions in the State of Karnataka. The
Amendment proposed enables the State Government to purchase the defaulters
properties by Government bidding in the public auction and to dispose of such
properties in such manner as Government deems fit.
2. As the matter was very urgent, and the Legislative Assembly was not in
session, the Karnataka Co-operative Societies (Amendment) Ordinance, 1985
(Karnataka Ordinance No. 15 of 1985) was issued. This Bill seeks to replace the
said ordinance.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 29th July 1985
as No. 405 at page 3.)
XVIII
Amending Act 34 of 1991.It is considered necessary to omit section 101-C,
since other provisions relating to recovery of Co-operative dues are found to be
adequate and the purchase of immovable property by the State Government in the
auctions has caused un-necessary anxiety and hardship to the farmers.
Hence the Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 30th
September 1991 as No. 622 at page 254.)
XIX
Amending Act 25 of 1998.Keeping in view the recommendations made by
the Committee headed by Sri K. H. Patil and two other committees and also various
suggestions made by prominent co-operators and officers of the Co-operative
Department, It was considered necessary to amend the Karnataka Co-operative
Societies Act 1959,
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(i) to define primary societies, secondary societies, federal societies and apex
societies;
(ii) to prohibit members of the same family from applying for registration of a
co-operative society;
(iii) to provide deemed registration of co-operative, society and amendment of
byelaws within a period of three months from the date of receipt of the
proposal;
(iv) to provide for cessation of membership of a person who fails to fulfill his
obligations as a member under the Act, Rules and Byelaws for a
continuous period of three years;
(v) to remove the powers of the Registrar to direct amalgamation, division, and
re-organization of co-operative societies;
(vi) to prohibit a member who is a defaulter from exercising his right to vote at
a meeting of the co-operative society
(vii) to remove the restrictions on holding of shares by the members of co-
operative societies;
(viii) to substitute section 27 to have more comprehensive provision in respect
of conducting annual general meeting;
(ix) to require a committee to make arrangements for election of membership
of next committee and also to provide for consequences of default in
making such arrangements;
(x) to provide for nomination of only three persons in the committee of
assisted societies;
(xi) to remove the powers of Government under section 30A and 30B for
appointment of special officer;
(xii) to do away with the Government nomination of one third of the total
strength of the committee under section 53A;
(xiii) to prohibit such nominated members from contesting in the election of
President, Vice-President and other office bearers of the committee;
(xiv) to provide office bearers to continue even after two terms;
(xv) to make detailed provisions regarding election of President, Vice-President
and other office bearers and also filling up of casual vacancy in the office
of the members of the committee;
(xvi) to provide for appointment of Chief Executive of the Co-operative Society
and also to specify his powers and functions;
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The Government has come across several hurdles while implementing the
amended provisions. The Government has invested a large amount of money in
various Co-operative Societies in the form of share capital, loan and subsidy.
Further, the Government has also given guarantee to various Co-operative
institutions for repayment of loan and interest due by them. Therefore, it is felt that
there should be some enabling provision providing for effective intervention by the
Government to safeguard public interest and also the interest of the shareholders of
a Co-operative Society.
Therefore, it is considered necessary to amend the Karnataka Co-operative
Societies Act, 1959,-
(i) to confer voting right on nominated members in the election of office
bearers of the Committee and Chairpersons, Vice Chairpersons, President and Vice
President so that they can effectively participate in the management of a Co-
operative Society;
(ii) to reintroduce the provision 30A empowering the State Government to
issue direction in public interest;
(iii) to reintroduce section 52A providing for nomination of members of
Committee of a Co-operative Society by the State Government in certain cases
where the State Government has given substantial financial assistance.
As the matter was urgent and where both the Houses of the Karnataka
Legislature were not in session, the Karnataka Co-operative Societies (Amendment)
Ordinance, 2000 was promulgated.
This Bill seeks to replace the said Ordinance.
Hence the Bill.
(Obtained from L.A. Bill No. 13 of 2000)
XXII
Amending Act 6 of 2001.- To give effect to the proposals made in the
Budget Speech, it is considered necessary to amend the Karnataka Stamp Act,
1957 and the Karnataka Co-operative Societies Act, 1957.
Hence the Bill.
(Vide L.A.Bill No.6 of 2001 File No. X E 10 } 2001)
XXIII
Amending Act 24 of 2001.- To achieve better results in the Co-operative Field
and to over come certain difficulties encountered in the effective implementation of
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1 1
[KARNATAKA ACT] No.11 OF 1959.
1 1
(First published in the [Karnataka Gazette] on the
Twentieth day of August, 1959.)
1 1
THE [KARNATAKA] CO-OPERATIVE SOCIETIES
ACT, 1959
(Received the assent of the President on the Eleventh day of August, 1959.)
(As Amended by Karnataka Acts, 40 of 1964, 27 of 1966, 16 of 1967, 1 of 1972, 14
of 1973, 2 & 39 of 1975, 19, 70 & 71 of 1976, 14 of 1978, 16 of 1979, 3 & 4 of 1980,
5 of 1984, 34 of 1985, 34 of 1991 and 25 of 1998, 13 of 2000, 6 of 2001, 24 of 2001
and 13 of 2004)
An Act to consolidate and amend the laws relating to co-operative
1 1
societies in the [State of Karnataka] .
WHEREAS it is expedient to consolidate and amend the laws relating to co-
1 1
operative societies in the [State of Karnataka] ;
1 1
BE it enacted by the [Karnataka State] Legislature in the Tenth Year of the
Republic of India as follows:
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act may be called the
1 1
[Karnataka] Co-operative Societies Act, 1959.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
1 1
(2) It extends to the whole of the [State of Karnataka] .
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
1 1
(3) It shall come into force on such [date] as the State Government may, by
notification in the official Gazette, appoint.
1. Act came into force on 1.6.1960 by notification. Text of the notification is at the end of the Act.
2. Definitions.- In this Act, unless the context otherwise requires,
1
[(a) Apex Society means a federal society whose area of operation extends to
the whole of the State;
2
[(a1) Assisted Society means a co-operative society which has received the
Government assistance in the form of share capital or loan or grant or guarantee for
2 1
repayment of loan or interest] ]
1. Clause (a) and (a1) Inserted by Act 25 of 1998 w.e.f. 15.8.1998 by notification. Text of the
notification is at the end of the Act.
2. Substituted by Act 24 of 2001 w.e.f. 05.09.2001 by notification. Text of the notification is as the
end of the Act.
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1
[(d1) 'Co-operative Year or year means the year commencing from the first day
1
of April;]
1. Inserted by Act 5 of 1984 w.e.f. 9.1.1984 & substituted by Act 25 of 1998 w.e.f. 15.8.1998.
1
[d-2) Co-operative means a Co-operative registered under the Karnataka
Souharda Sahakari Act, 1997 (Karnataka Act 17 of 2000) and includes the Union
Co-operative and the Federal Co-operative]1.
1. Inserted by Act 13 of 2004 w.e.f. 22.03.2004 by notification. Text of the notification is at the end of the Act.
(e) co-operative society with unlimited liability means a co-operative society, the
members of which are, in the event of its being wound up, jointly and severally liable
for and in respect of all its obligations and to contribute to any deficit in the assets of
the society;
1
[(e1) credit agency means a credit agency as defined in the Karnataka
2
Agricultural Credit Operations and Miscellaneous Provisions Act, 1974 [and
includes any other body or corporation or financial institution which gives financial
assistance to a co-operative society and has been notified by the State Government
2 1
from time to time] ;]
1. Inserted by Act 2 of 1975 w.e.f. 17.7.1975 by notification. Text of the notification is at the end of the Act.
2. Inserted by Act 25 of 1998 w.e.f. 15.8.1998.
1 2 2
[ [(e2)] Deposit Insurance Corporation means the Deposit Insurance
Corporation established under section 3 of the Deposit Insurance Corporation Act,
1961 (Central Act 47 of 1961);
1. Inserted by Act 39 of 1975 w.e.f. 23.9.1975.
accordance with this Act, the rules and the bye-laws and includes a nominal and an
associate member;
1
[(g) office bearer, means the President, Vice-President, Chairperson, Vice-
Chairperson, Liquidator, Administrator, Special Officer and includes a member of
the committee or any other person not being an employee empowered to exercise
any power or perform any function in regard to the business of a co-operative
society and to give directions in regard to policies affecting the business of the
1
society;]
1. Substituted by Act 25 of 1998 w.e.f. 15.8.1998.
(h) prescribed means prescribed by rules made under this Act;
1
[(h1) primary society means a co-operative society whose membership is not
1
open to another co-operative society;]
1. Inserted by Act 25 of 1998 w.e.f. 15.8.1998.
1
[(i) Registrar means a person appointed to perform the functions of the
Registrar of Co-operative Societies under this Act, and includes an Additional
Registrar of Co-operative Societies, a Joint Registrar of Co-operative Societies, a
Deputy Registrar of Co-operative Societies and an Assistant Registrar of Co-
operative Societies appointed to assist the Registrar when exercising all or any of
1
the powers of the Registrar;]
1. Substituted by Act 40 of 1964 w.e.f. 26.6.1965 by notification. Text of the notification is at the end of the Act.
1
[(i-1) Reserve Bank means the Reserve Bank of India constituted under the
1
Reserve Bank of India Act, 1934 (Central Act 2 of 1934)]
1. Inserted by Act 39 of 1975 w.e.f. 23.9.1975.
(j) rules means the rules made under this Act,
1
[(j-1) `Scheduled Castes and Scheduled Tribes means the Scheduled Castes
and Scheduled Tribes specified in respect of the State of Karnataka in the
Constitution (Scheduled Castes) Order, 1950 and the Constitution (Scheduled
Tribes) Order, 1950 for the time being in force;
(j2) secondary society means a co-operative society whose membership is also
open to another co-operative society;
(j3) State Representative means any person appointed as State representative
1
under section 2A;]
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
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1
[(k) Tribunal means the tribunal constituted under the Karnataka Appellate
1
Tribunal Act, 1976 (Karnataka Act 10 of 1976]
1. Substituted by Act 40 of 1964 w.e.f. 26.6.1965 and again Substituted by Act 24 of 2001 w.e.f.
05.09.2001.
(l) references to any enactment or provision of law not in force in any Area of the
1 1
[State of Karnataka] shall be construed as references to the corresponding
enactment or provision of law, if any, in force in that Area.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
1
[CHAPTER IA
AUTHORITIES AND APPELLATE TRIBUNAL.
2A. Registrar, Additional Registrars, Joint Registrars, Deputy Registrars
2 2
[,State Representatives] and Assistant Registrars.- (1) The State Government
may appoint a person to be the Registrar of Co-operative Societies for the State.
1. Chapter IA inserted by Act 40 of 1964 w.e.f. 26.6.1965.
2. Inserted by Act 25 of 1998 w.e.f. 15.8.1998.
1
(2) The State Government may appoint [as many Additional Registrars of Co-
1
operative Societies,] Joint Registrars of Co-operative Societies, Deputy Registrars
2
of Co-operative Societies [,State Representatives, and Assistant Registrars of Co-
2
operative Societies either as officiating or otherwise] as it thinks fit for the purpose
of assisting the Registrar.
1. Substituted by Act 14 of 1973 w.e.f. 14.6.1973.
(5) The State Government may, by general or special order, confer on any
person appointed as Additional Registrar of Co-operative Societies, Joint Registrar
of Co-operative Societies, Deputy Registrar of Co-operative Societies or Assistant
1 1
Registrar of Co-operative Societies, [either as officiating or otherwise] all or any of
the powers of the Registrar under this Act.
1. Inserted by Act 25 of 1998 w.e.f. 15.8.1998.
1 1
(6) Notwithstanding anything contained in this Act, matters relating to the [x x x]
accounts of every Co-operative society shall be subject to the supervision and
control of the Registrar of Co-operative Societies for the State.
1. Omited by Act 3 of 1980 w.e.f. 11.08.1977.
1
[(7) In proceedings before the Tribunal, the State Representative shall be
competent,
(i) to prepare and sign applications, appeals and other documents;
(ii) to appear, represent, act and plead;
(iii) to receive notices and other processes; and
(iv) to do all other acts connected with such proceedings,
1
on behalf of the State Government or any officer appointed under this Act.]
1. Inserted by Act 25 of 1998 w.e.f. 15.8.1998.
1 2 2 2
[2AA. [Director of Co-operative Audit] , [Additional Director of Co-
2 2 2 2
operative Audit] , [Joint Directors of Co-operative Audit] , [Deputy Directors
2 2 2
of Co-operative Audit] and [Assistant Directors of Co-operative Audit] .-
3
[(1) The State Government may appoint a person to be the Director of Co-operative
3
Audit of Co-operative Societies for the State]
1. Section 2AA inserted by Act 3 of 1980 w.e.f. 11.08.1987.
2. Substituted by Act 5 of 1984 w.e.f. 9.1.1984.
3. Substituted by Act 25 of 1998 w.e.f. 15.08.1998 and again substituted by Act 24 of 2001 w.e.f.
05.09.2001.
1
(2) The State Government may appoint an [Additional Director of Co-operative
1 1
Audit] of co-operative societies and as many [Joint Directors of Co-operative
1 1 1 1
Audit] , [Deputy Directors of Co-operative Audit] and [Assistant Directors of Co-
1
operative Audit] , of co-operative societies, as it thinks fit for the purpose of
1 1
assisting the [Director of Co-operative Audit] .
1. Substituted by Act 5 of 1984 w.e.f. 9.1.1984.
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(3) The State Government may appoint such other officers with such
1 1
designations as it deems fit to assist the [Director of Co-operative Audit] .
1. Substituted by Act 5 of 1984 w.e.f. 9.1.1984.
(4) All officers and persons employed in the administration of this Act relating to
audit shall be subject to the superintendence, direction and control of the State
1 1
Government and the [Director of Co-operative Audit] and the officer or officers to
whom each officer appointed under this section shall be subordinate shall be
determined by the State Government:
1. Substituted by Act 5 of 1984 w.e.f. 9.1.1984.
1
Provided that the power vested in the State Government and the [Director of
1
Co-operative Audit] under this sub-section shall not be exercisable so as to
interfere with the discretion of any authority in exercise of any quasi-judicial function
whether as original or appellate authority.
1. Substituted by Act 5 of 1984 w.e.f. 9.1.1984.
(5) The State Government may, by general or special order confer on any
1 1 1
person appointed as [Additional Director of Co-operative Audit] , [Joint Director of
1 1 1 1
Co-operative Audit] , [Deputy Director of Co-operative Audit] or [Assistant
1
Director of Co-operative Audit] , of co-operative societies, all or any of the powers of
1 1
the [Director of Co-operative Audit] under this Act.
1. Substituted by Act 5 of 1984 w.e.f. 9.1.1984.
(6) Notwithstanding anything contained in this Act, matters relating to audit of
every co-operative society shall be subject to the supervision and control of the
1 1 1
[Director of Co-operative Audit] .]
1. Substituted by Act 5 of 1984 w.e.f. 9.1.1984.
1 1
[ 2B. x x x]
1. Omited by Act 24 of 2001 w.e.f. 5.9.2001.
CHAPTER II
REGISTRATION OF CO-OPERATIVE SOCIETIES.
1
[3. x x x]1
1. Omited by Act 40 of 1964 w.e.f. 26.6.1965.
1
[4. Societies which may be registered.- Subject to the provisions of this Act,
a co-operative society which has as its objects the promotion of the economic
interests or general welfare of its members, or of the public, in accordance with co-
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(e) the application shall be signed by every one of the applicants who is an
individual and by a person duly authorized on behalf of any co-operative society
which is an applicant.
1
[(f) the application shall be accompanied by such fee as may be prescribed
and different fees may be prescribed for different class or classes of co-operative
1
societies.]
1. Inserted by Act 25 of 1998 w.e.f. 27.10.1998 by notification text of the notification is the end of
the Act.
1
[(g) in the case of the co-operative which intends to convert itself into a Co-
operative Society under this Act, the application shall be accompanied by a
resolution of the general meeting of such Co-operative approving such conversion]1
1. Inserted by Act 13 of 2004 w.e.f. 22.03.2004.
7. Registration.- (1) If the Registrar is satisfied,
1
(a) that the application complies with the provisions of this Act [, rules and
1
the provisions of any other law for the time being in force] ;
(b) that the objects of the proposed society are in accordance with section 4;
(c) that the aims of the proposed society are not inconsistent with the
principles of social justice;
(d) that the proposed bye-laws are not contrary to the provisions of this Act
and the rules; and
(e) that the proposed society complies with the requirements of sound
business and has reasonable chances of success;
1
the [Registrar shall, within a period of three months from the date of receipt of the
1
application, register] the co-operative society and its bye-laws 2[and send by
registered post, a certificate of registration and the original registered bye-laws
signed with date and seal by him to the chief promoter mentioned in the application
or to the chief executive of the Co-operative which is converted]2
1. Substituted by Act 25 of 1998 w.e.f. 15.8.1998.
2. Inserted by Act 13 of 2004 w.e.f. 22.03.2004.
1 2
[ [(2) If the Registrar is unable to dispose of such application within the period
specified in sub-section (1), the society and the bye-laws shall be deemed to have
2
been registered.]
1. Sub-sections (2) to (4) inserted by Act 40 of 1964 w.e.f. 26.06.1965.
2. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
(3) Where the Registrar refuses to register a proposed co-operative society, he
shall forthwith communicate his decision, with the reasons therefor, to the person
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making the application and if there be more than one to the person who has signed
first in the application.
(4) The Registrar shall maintain a register of all co-operative societies registered
1
or deemed to be registered under this Act.]
1
8. Registration certificate.- Where a co-operative society is registered [or is
1
deemed to be registered] under this Act, the Registrar shall issue a Certificate of
Registration signed by him, which shall be conclusive evidence that the co-
1
operative society therein mentioned is a co-operative society duly registered [or is
1
deemed to be registered] under this Act.
1. Inserted by Act 25 of 1998 w.e.f. 15.08.1998.
9. Co-operative societies to be bodies corporate.- The registration of a co-
operative society shall render it a body corporate by the name under which it is
registered having perpetual succession and a common seal, and with power to hold
property, enter into contracts, institute and defend suits and other legal proceedings
and to do all things necessary for the purposes for which it was constituted.
10. Change of name of co-operative society.- (1) A co-operative society
may, by an amendment of its bye-laws, change its name.
(2) Where a co-operative society changes its name, the Registrar shall enter the
new name on the register of co-operative societies in the place of the former name
and shall amend the certificate of registration accordingly.
(3) The change of name of a co-operative society shall not affect any rights or
obligations of the co-operative society, or render defective any legal proceedings by
or against it; and any legal proceedings which might have been continued or
commenced by or against the society by its former name may be continued or
commenced by its new name.
11. Change of liability.- (1) Subject to the provisions of this Act and the rules,
a co-operative society may, by an amendment of its bye-laws, change the form or
extent of its liability.
(2) When a co-operative society has passed a resolution to change the form or
extent of its liability, it shall give notice thereof in writing to all its members and
creditors and notwithstanding any bye-law or contract to the contrary, any member
or creditor shall, during a period of one month from the date of service of the notice
upon him, have the option of withdrawing his shares, deposits or loans, as the case
may be.
(3) Any member or creditor who does not exercise his option within the period
specified in sub-section (2) shall be deemed to have assented to the change.
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(4) When a co-operative society has passed any such resolution, and it has been
approved by the Registrar, the co-operative society shall give notice thereof in
writing to all its creditors and such members of the society as did not vote in favour
of the resolution and, notwithstanding any bye-laws or contract to the contrary, any
creditor or any member to whom such notice is given shall during the period of one
month from the date of service of the notice upon him, have the option of
withdrawing his shares, deposits or loans, as the case may be.
(5) Any member or creditor who does not exercise his option within the period
specified in sub-section (4) and every member who has voted in favour of the
resolution shall be deemed to have assented to the proposals contained in the
resolution.
(6) A resolution passed by a co-operative society under this section shall not
take effect until either,
(a) the assent thereto of all the members and creditors has been, or deemed
to have been, obtained under this section or;
(b) all claims of members and creditors who exercise the option referred to in
sub-section (4) within the period specified therein, have been met in full.
(7) Where a resolution passed by a co-operative society under this section
involves the transfer of any assets and liabilities, the resolution shall,
notwithstanding anything contained in any law for the time being in force, be a
sufficient conveyance to vest the assets and liabilities in the transferee without any
further assurance.
1 2 2
[ [14A. x x x]
1. Sections 14A to 14C inserted by Act 39 of 1975 w.e.f. 23.9.1975.
CHAPTER III
MEMBERS OF CO-OPERATIVE SOCIETIES AND THEIR RIGHTS AND LIABILITIES.
1
16. Persons who may become members.- [(1) Subject to the provisions of
section 17, no person shall be admitted as a member of a co-operative society
except the following, namely:
(a) an individual competent to contract under the Contract Act, 1872 (Central
Act IX of 1872):
(b) any other co-operative society;
(c) the state Government or the Central Government;
(d) the Life Insurance Corporation of India, State Warehousing Corporation
and such other institutions as may be approved by the State Government;
(e) a firm, a company or any other body corporate constituted under any law
for the time being in force including a society registered under the Karnataka
Societies Registration Act, 1960 (Karnataka Act 17 of 1960);
(f) a Market Committee established under the Karnataka Agricultural Produce
Marketing (Regulation) Act, 1966 (Karnataka Act 27 of 1966);
(g) a local authority.
Explanation.For the purpose of this clause, local authority means, a Municipal
Corporation, Municipal Council, Town Panchayat, Zilla Panchayat, Taluk Panchayat
1
or Grama Panchayat constituted under any law for the time being in force.]
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
1
[(2) No co-operative society shall, without sufficient cause, refuse admission to
2
membership to any person duly qualified therefor under the provisions of this [Act,
2
rules and bye-laws] .
1. Sub-sections (2) to (4) substituted by Act 40 of 1964 w.e.f. 26.6.1965.
2. Substituted by Act 25 of 1998 w.e.f. 15.8.1998.
(3) Any person seeking admission as a member of any co-operative society shall
make an application in writing for admission as a member of such society.
(4) Every co-operative society shall within three months from the date on which
application for admission was delivered to such society either admit or refuse to
admit any such person as a member, and shall send a written communication of
such admission or refusal to the applicant before the said period. If no
communication of admission as a member is received by the applicant before the
expiry of the said period, his application for admission shall be deemed to have
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been refused by the co-operative society on the last day of the said period for
1
purposes of section 105A.]
1
[(5) Notwithstanding anything contained in the preceding sub-sections or
section 18 or the rules and the bye-laws of such co-operative society or classes of
co-operative societies as the State Government may, by notification, specify, an
individual who makes an application for admission as a member of such co-
operative society shall be deemed to have been admitted as an associate member
of such co-operative society from the date of receipt of such application.
1. Sub-sections (5) to (7) inserted by Act 19 of 1976 w.e.f. 20.1.1976.
1 1
(6) If the society does not, within [sixty days] from the said date, prefer an
application to the Registrar objecting to such admission, such individual shall be
deemed to have been admitted as a member.
1. Substituted by Act 25 of 1998 w.e.f. 15.8.1998.
1 1
(7) Where the application under [sub-section (6)] is preferred, the Registrar
shall, after giving to the individual and the co-operative society concerned an
opportunity of making representation, by order, reject the application if he finds that
the individual is not disqualified under section 17 for being a member and thereupon
the individual shall be deemed to have been admitted as member of the co-
1
operative society concerned.]
1. Substituted by Act 25 of 1998 w.e.f. 15.8.1998.
1
[(8) Notwithstanding anything contained in this section and section 17, the State
Government shall be deemed to have been admitted as a member of a co-operative
1
society on the day it subscribes to the share capital of such co-operative Society.]
1. Inserted by Act 16 of 1979 w.e.f. 1.6.1960.
17. Disqualification for membership.- (1) No person shall be eligible for
admission as a member of a co-operative society, if he,
(a) has applied to be adjudicated an insolvent or is an undischarged
insolvent; or
(b) has been sentenced for any offence, other than an offence of a political
character or an offence not involving moral turpitude, such sentence not having
been reversed or the offence pardoned and a period of five years has not elapsed
from date of expiry of the sentence.
1 2 2
[(c) carries on [XXX] business of the kind carried on by such co-operative
society;
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2 2
[Explanation.XXX]
(d) is already a member of a co-operative society carrying on business of the
1
same kind as itself;]
1. Clauses (c) and (d) inserted by Act 71 of 1976 w.e.f. 03.11.1976.
(2) A nominal member shall not be entitled to any share in any form whatsoever
in the assets or profits of the society and a nominal member who is an individual
1 1 1
shall not also be entitled to become an [office bearer] of the society.]
1. Substituted by Act 25 of 1998 w.e.f. 15.8.1998.
(3) An associate member may hold shares but shall not be entitled to become an
1 1
[office bearer] of the society.
1. Substituted by Act 25 of 1998 w.e.f. 15.8.1998.
(4) Save as provided in this section, a nominal or associate member shall have
such privileges and rights of a member and be subject to such liabilities of a
member, as may be specified in the bye-laws of the society.
1
[18A. Cessation of membership.- A person shall cease to be a member of a
co-operative society,-
(a) in the case of an individual, on his or her,-
(i) death;
(ii) resignation;
(iii) removal or expulsion in accordance with bye-laws of the co-operative
society; or
(iv) transfer of whole of his or her share or interest in the co-operative society to
another member;
(b) in the case of a firm, company, co-operative society or corporate body,-
(i) on dissolution of the firm or a corporate body;
1
(ii) on winding up of a company or a co-operative society.]
1. Section 18A inserted by Act 24 of 2001 w.e.f. 5.9.2001.
1
19. Member not to exercise rights till due payment made.- [Save as
1
otherwise provided in sub-section (8) of section 16, no member] of a co-operative
society shall exercise the rights of a member unless he has made such payment to
the society in respect of membership or has acquired such interest in the society, as
may be specified in the bye-laws.
1. Substituted by Act 25 of 1998 w.e.f. 15.8.1998.
1
[20. Votes of members.- (1) No member of a society shall have more than
one vote in the affairs of the co-operative society.
2
[Provided that where the State Government is a member of a co-operative
society, each person nominated or deemed to have been nominated by the State
2
Government on the committee of such co-operative society shall have one vote.]
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1
[(a-iii) 2[a person]2 who has become member of a society not later than
3 3
[twelve months] prior to the date of such meeting:
Provided that nothing in this clause shall apply to 2[a person]2 of a society
participating in the first general body meeting of such society held immediately after
1
its registration;]
1. Inserted by Act 25 of 1998 w.e.f. 15.8.1998.
(b) the actual demand of the financing bank or credit agency, if the
demand of the society is more than the demand of the financing bank
or credit agency,
1
not later than fifteen days of the close of the said co-operative year.]
1. Substituted by Act 25 of 1998 w.e.f. 15.8.1998.
1
[(v) other than the society referred to in sub-clause (iv), which is a
1
defaulter;]
1. Inserted by Act 25 of 1998 w.e.f. 15.8.1998.
1 1
[(c) x x x]
1. Omited by Act 25 of 1998 w.e.f. 15.8.1998.
corporate constituted under any law for the time being in force is a member of a co-
operative society, a person nominated by such institution, market committee or local
authority or a firm, a company or any other body corporate constituted under any
1
law for the time being in force, may vote on its behalf in the affairs of the society;]
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
1
[(3) A member once nominated by the committee of a co-operative society
under clause (a) of sub-section (2) to vote on its behalf in any meeting of any other
co-operative society shall not be changed except by a resolution passed in a
general body meeting by a majority of the members present and voting in such
1
meeting.]
1. Inserted by Act 25 of 1998 w.e.f. 15.08.1998.
1 1
[22. x x x]
1. Omitted by Act 25 of 1998 w.e.f. 15.08.1998.
1 1
23. Restrictions on transfers of shares or interest.- [(1) x x x]
1. Omitted by Act 25 of 1998 w.e.f. 15.08.1998.
(2) No transfer by a member of his share or interest in a co-operative society
shall be valid unless,
(a) the member has held such share or interest for not less than one year;
(b) the transfer is made to a member of the society; and
(c) the transfer is approved by the Committee of the society.
1
[23A. Refund of value of share.- (1) If an individual member of a co-
operative society, the principal object of which is to advance agricultural loans is not
indebted to such society, then, the value of all except one of the shares held by him
shall, on his application, be refunded to him.
(2) If the amount of debt due by such member to the co-operative society is
equal to or less than the value of all except one share held by him in such society,
then, on the application of such member, the value of such number of shares as are
required to discharge the amount of debt may be adjusted in full discharge of such
debt and the value of the remaining share, except one, shall be refunded to him
1
thereupon the share certificates relating thereto shall be cancelled.]
1. Inserted by Act 5 of 1984 w.e.f. 09.01.1984.
24. Transfer of interest on death of member.- (1) On the death of a member
of a co-operative society, the society shall transfer the share or interest of the
deceased member,
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(a) to the person or persons nominated in accordance with the rules and if the
nomination subsists; or
(b) if no person has been so nominated or the nomination does not subsist,
(i) where the share or interest of the deceased member does not exceed
1 1
[one lakh rupees] , to such persons as may appear to the Committee to be the
heirs or legal representatives of the deceased member, on the execution by such
persons of an indemnity bond with such sureties as it may require;
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
1
(ii) where the share or interest of the deceased member exceeds [one
1
lakh rupees] , to such person or persons as produce a succession certificate or
other legal authority granted by a competent court of law:
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
Provided that such nominee, heir or legal representative as the case may be, is
admitted as a member of the society:
Provided further that nothing in this sub-section shall prevent a minor or a person
of unsound mind from acquiring by inheritance or otherwise the share or interest of
a deceased member in a co-operative society.
(2) Notwithstanding anything contained in sub-section (1), any such nominee,
heir or legal representative, as the case may be, may require the society to pay to
him the value of the share or interest of the deceased member ascertained in
accordance with the rules.
(3) A co-operative society may pay all other moneys due to the deceased
member from the society to such nominee, heir or legal representative, as the case
may be.
(4) All transfers and payments made by a co-operative society in accordance
with the provisions of this section shall be valid and effective against any demand
made upon the society by any other person.
25. Liability of past member and estate of deceased member.- (1) Subject
to the provisions of sub-section (2), the liability of a past member or of the estate of
a deceased member of a co-operative society for the debts of the society as they
existed,
(a) in the case of a past member, on the date on which he ceased to be a
member; and
(b) in the case of a deceased member, on the date of his death,
shall continue for a period of two years from such date.
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(c) the scheme is in the interest of the members of the co-operative society or
co-operative societies or is in the public interest or in the interest of the co-operative
1
movement, in general]
1
[(d) in the case a of Co-operative Bank, the scheme is not detrimental to the
interest of depositors or Banking Policy]1
1. Inserted by Act 13 of 2004 w.e.f. 22.03.2004.
1
[27. Annual General Meeting.- (1) Every co-operative society shall convene
a general meeting of its members once in a year before thirtieth day of September
for the purpose of,
(a) consideration of annual report presented by the committee;
(b) consideration of latest available audit report and the report of the
committee thereon;
(c) consideration of inquiry report, if any;
(d) disposal of net profits;
(e) review of operational deficit, if any, and programme to reduce such deficit;
(f) approval of the programme of activities of the society prepared by the
committee for the ensuing year;
(g) approval of the annual budget;
(h) creation of specific reserve and other funds;
(i) approval of membership of the co-operative society in other co-operative
societies;
(j) review of annual report and accounts of any subsidiary organization, if any;
(k) perusal of list of the employees recruited who are relatives of members of
the committee or the Chief Executive;
(l) amendment of bye-laws;
(m) formation of code of conduct for the members of the committee, office
bearers and employees of the co-operative society;
(n) note on admission and termination of members; and
(o) consideration of any other matter which may be brought forward in
accordance with the bye-laws.
2
[Provided that the Registrar may by special order extend the period for
2
holding such meeting by a period not exceeding six months]
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
shall exercise such powers, discharge such duties and perform such functions as
may be conferred or imposed upon it by this Act, the rules and the bye-laws.
1. Section 28A inserted by Act 5 of 1984 w.e.f. 09.01.1984.
1
[(2) The committee of a co-operative society shall consist of not less than nine
but not exceeding the number of members specified below excluding Government
nominees and the Chief Executive, namely:
(i) in the case of a primary society and a secondary society whose area of
operation extends to,
(a) a part of a taluk, nine members;
(b) whole taluk, eleven members;
(c) beyond a taluk but not beyond a district, thirteen members;
2
[Provided that in the case of an urban co-operative bank having an area of
operation not beyond a district, the maximum number shall not exceed fifteen
2
members]
(d) beyond a district, eighteen members;
1. Sub-sections (2) to (6) Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
1 1
(6) The [members] of the committee shall elect from among themselves the
office bearers of the co-operative society. The election of the office bearers shall be
1 1
by secret ballot.] ]
1. Substituted by Act 13 of 2000 w.e.f. 26.02.2000.
1
[28B. Committee to arrange for election.- (1) The committee shall make
arrangement for election of members of the next committee in accordance with the
Act, rules and the bye-laws.
(2) The members of the committee who have failed to make arrangements for
election within the time limit specified in section 39A, shall be deemed to have
vacated their office on the last day of the time limit so specified and such members
shall not be eligible for election as members of the committee for a period of five
years from the date of expiry of their term.
(3) The Administrator who shall assume charge under sub-section (5) of section
28A, shall, as early as possible but within a period of six months arrange for the
constitution of a new committee of the society in accordance with the Act, rules and
1
the bye-laws.]
1. Inserted by Act 25 of 1998 w.e.f. 15.08.1998.
1
[29. Nominees of Government on the committee of an assisted co-
operative society.- (1) The State Government may nominate not more than three
persons as its representatives on the committee of any assisted society of whom
one shall be a person belonging to the Scheduled Castes or Scheduled Tribes and
one shall be a woman.
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
1
[(2) The persons so nominated shall not have the right to become office bearers
of the primary co-operative societies and any other class or classes of co-operative
societies as may be specified by the State Government from time to time]1
1. Substituted by Act 24 of 2001 w.e.f. 05.09.2001.
1
[(3) The persons nominated as a member of co-operative society under sub-
section (1) shall hold office as such member during the pleasure of the State
1
Government.]
1. Substituted by Act 24 of 2001 w.e.f. 05.09.2001.
(4) Where an officer of Government is nominated under sub-section (1), such
officer may, if unable to be present himself at any meeting of the committee, depute
a subordinate officer to the meeting as his representative and such subordinate
officer shall be deemed to be a person nominated as a representative of the State
1
Government for the purpose of such meeting.]
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1
[(a) he is in default to that society or any other co-operative society in
1
respect of any dues from him as borrower;]
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
(b) he is interested directly or indirectly in any contract made with such co-
operative society or in the sale or purchase made by such co-operative society
privately or in auction or in any contract or transaction of the co-operative society
(other than investment and borrowing) involving financial interests in that contract,
sale, purchase or transaction;
1 1
(c) [he or any of his near relation carries] on a business of the kind carried
on by such co-operative society or by a co-operative society of which such co-
operative society is a member;
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
1
[Provided that if any question arises as to whether any person is near
relation or not, the case shall be decided by the Registrar and his decision shall be
1
final.]
1. Inserted by Act 25 of 1998 w.e.f. 15.08.1998.
(iii) the committee of the society of which he is a member has been removed
under section 30, or a special officer is appointed under section 31;
1
(iv) the society of which he is the representative has been liquidated;]
1. Inserted by Act 24 of 2001 w.e.f. 05.09.2001.
(2) No person including a person elected by a co-operative society as a member
of a committee of another co-operative society of which such co-operative society is
1
a member shall be a [President or Chairperson, Vice-President or Vice-
1
Chairperson or other office bearer] of more than two co-operative societies.
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
1 1
[(3) x x x]
1. Omitted by Act 25 of 1998 w.e.f. 15.08.1998.
1
[(4) Nothing in sub-section (2) shall apply,
(i) to any person who is appointed by the State Government or the Registrar
as the President or Chairperson, Vice-President or the Vice-Chairperson; or
1
(ii) to any person who is merely a member of the committee.]
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
(5) In the case of co-operative marketing societies, consumers co-operative
societies and such class or classes of co-operative societies as may be specified by
the State Government, by notification in the official Gazette, no member shall be
eligible for being appointed or elected as a member of the committee of such co-
operative society if he does not fulfill the minimum qualifications relating to his
transactions with the co-operative society upto such monetary limits as may be
specified from time to time in such notification.
(6). There shall be no representative of individual members on the committees of
a District Central Co-operative Bank or an Apex Co-operative Bank or such other
classes of co-operative banks as may be prescribed.
(7) Any question as to whether a member of the committee was or has become
subject to any of the disqualifications mentioned in this section shall be decided by
the Registrar after giving the person concerned a reasonable opportunity of being
heard.
1
[(8) If any member of a committee of a co-operative society during the term of
his office,
(a) becomes subject to any disqualifications specified in sub-sections (1), (2)
and (5); or
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(b) has acted or has been acting fraudulently or with gross negligence or in
contravention of the provisions of this Act, the rules or the bye-laws of the co-
operative society or without the sanction of the committee of the co-operative
society where such sanction is necessary or contrary to the resolution of the co-
operative society or its committee or in any way prejudicial to the interest of the co-
operative society; or
(c) has acted or has been acting persistently against the directions or orders
issued under this Act, rules or bye-laws; or
(d) is not discharging his duties satisfactorily; the Registrar may either on a
report made to him or otherwise, by order remove such member, and in cases
falling under clauses (a), (b), (c) and (d) of this sub-section disqualify him from
holding any office in the co-operative society for such period not exceeding five
years, as may be specified in such order:
Provided that no order shall be made under this sub-section unless a reasonable
opportunity of being heard, is given to the person against whom the order is to be
made.
(9) A copy of the order made under sub-section (8) shall be communicated to the
1
member and the co-operative society concerned.]
1. Sub-sections (8) and (9) inserted by Act 25 of 1998 w.e.f. 15.08.1998.
1 1 1
[29D. x x x] ]
1. Omitted by Act 25 of 1998 w.e.f. 15.08.1998.
1
[29E. Filling up of casual vacancy in the office of members of the
Committee.- Any vacancy in the office of members of the committee of a co-
operative society by reason of death, resignation, removal or otherwise, shall be
filled up in such manner as may be specified in the bye-laws of such society.
1. Sections 29E and 29F inserted by Act 25 of 1998 w.e.f. 15.08.1998.
29F. Election of President, Chairperson, Vice-President, or Vice-
Chairperson, etc.,- (1) Every co-operative society shall have a President or
Chairperson, Vice-President or Vice-Chairperson and such other office bearers
elected in accordance with the provisions of this Act, rules or bye-laws.
(2) The President or Chairperson shall preside over meetings of the committee
of the society and its sub-committee as well as general meeting of the society.
(3) In the event of vacancy in the office of President or Chairperson by
resignation, death or removal or otherwise, the Vice-President or Vice-Chairperson
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shall perform the duties of the President or Chairperson as the case may be, until a
member is duly elected as President or Chairperson.
(4) The Chief Executive shall within fifteen days from the date of constitution or
deemed constitution of the committee after a general election and immediately
before the expiry of the term of office of the President or Chairperson, Vice-
President or Vice-Chairperson convene a meeting in the prescribed manner of all
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the [members] of the committee for the purpose of electing President or
Chairperson, Vice-President or Vice-Chairperson and such other office bearers as
are required to be elected under the bye-laws of the co-operative society. One of
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the [members] who is not a candidate for the election of President or Chairperson,
Vice-President or Vice-Chairperson shall be chosen to preside over such meeting:
1. Substituted by Act 13 of 2000 w.e.f. 26.02.2000.
Provided that the members of the first committee elected in the first general
meeting held after the registration of a co-operative society shall elect the President
or Chairperson, Vice-President or Vice-Chairperson and other office bearers in such
manner as may be prescribed.
(5) Save as otherwise provided under this Act, the President or Vice-President,
Chairperson or Vice-Chairperson or other office bearers shall hold office for a term
of two and half years.
(6) The Chief Executive shall as and when there is a casual vacancy in the office
of the President, or Chairperson, Vice President or Vice Chairperson or other office
1 1
bearers convene a meeting of the [members] of the committee for the purpose of
filling up the casual vacancy and the provisions of sub-section (4) shall mutatis
mutandis apply.
1. Substituted by Act 13 of 2000 w.e.f. 26.02.2000.
(7) The Chief Executive shall within three days from the date of the meeting,
forward to the Registrar a copy of the notice convening the meeting and also a copy
of the proceedings of the meeting.
(8) If the Chief Executive fails to convene the meeting in accordance with sub-
sections (4) and (6), the Registrar or any person authorized by him to do so shall
1
convene a meeting for the purposes specified in the said sub-sections.]
1
[29G. Appointment of Chief Executive.- (1) For every co-operative society
there shall be a Chief Executive who shall subject to the provisions of section 128A
be appointed and be removable by the society:
1. Section 29G inserted by Act 25 of 1998 w.e.f. 27.10.1998.
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Provided that,
1
[Subject to such rules as may be prescribed, in case of an assisted society, the
Government or the Registrar shall have power to appoint and remove the Chief
1
Executives; and]
1. Substituted by Act 24 of 2001 w.e.f. 05.09.2001.
1 1
(ii) [in other cases] , the Government or the Registrar may appoint Chief
Executives where such Society makes a request for appointment of a Chief
Executive for a term which shall not be less than five years; and remove such Chief
Executive.
1. Substituted by Act 24 of 2001 w.e.f. 05.09.2001.
(2) On the appointment of Chief Executive to a co-operative society by the
Government or the Registrar, the person appointed as Chief Executive by the
society, if any, by whatever name called, shall cease to be the Chief Executive.
(3) Salary and other conditions of services of the Chief Executive shall,
(i) in the case of an official of the State Government be as approved by the
State Government; and
(ii) in other cases, be as approved by the Registrar:
Provided that where a cadre for the post of Chief Executive common to any class
of co-operative societies has been created under section 128A, the recruitment,
appointment and other conditions of service of persons appointed to such posts
including the person appointed before the creation of such service, shall be
governed by the provisions of that section and the regulations made in that behalf.
(4) The Chief Executive shall be the Chief Administrative Officer of the society
and shall, subject to the general supervision and control of the committee and such
other conditions and restrictions as may be specified in the bye-laws,
(a) be responsible for general supervision and control over the employees of
the society and be responsible for the day-to-day management and business of the
society;
(b) carry on the authorized and normal business of the society;
(c) make arrangement for repayment of loans due to the State Government
and loans obtained on Government guarantee and other loans, and shall send
report to the Registrar in this behalf;
(d) be responsible for operating the bank accounts in accordance with the
provisions of the bye-laws and shall make arrangements for safe custody of cash:
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(e) sign and authenticate all documents of the co-operative society for and on
behalf of the society;
(f) be the custodian of all records and documents of the co-operative society
and shall make arrangements for the correct maintenance of accounts and various
books and records of the society and for the correct preparation and timely
submission of periodical statements and returns in accordance with the provisions
of the Act, rules and bye-laws and as directed by the Registrar or the Director of Co-
operative Audit;
(g) be responsible for convening the meeting of the general body, the
committee of management and the sub-committee in consultation with the President
or Chairperson and recording and maintaining minutes of such meetings;
(h) assist the committee in the formulation of policies and objectives and
planning;
(i) provide necessary information to the committee and apprise the committee
the functions and operations of the society;
(j) sue and be sued on behalf of the co-operative society;
(k) perform such other duties and exercise such other powers imposed or
conferred on him under the Act, rules or bye laws.
1
[(4A) The Chief Executive shall have right to attend every meeting of the
society and the committee thereof and to take part in the decision and to move any
1
resolution or to vote]
1. Inserted by Act 24 of 2001 w.e.f. 05.09.2001.
(5) In addition to the powers and duties specified in sub-section (4), the Chief
Executive of an Apex Society,
(a) shall have power to appoint with the approval of the committee and subject
to the provisions of the Act, rules and the bye-laws, necessary staff;
(b) shall specify the powers, functions and duties of the employees of the
society;
(c) may conduct, defend, compound or abandon any suit or legal proceeding
instituted by or against the society or otherwise concerning the affairs of the society
and also allow in consultation with the President or Chairperson, reasonable time
for payment or satisfaction of any claims or demand by or against the society;
(d) may subject to the guidelines issued by the committee enter into
negotiations and execute contracts;
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(3) The administrator shall, before the expiry of his term of office arrange for the
constitution of a new committee after holding the election in accordance with this
Act, the rules and the bye-laws of the co-operative society:
1
[Provided that in such an election, no member of the Committee removed under
sub-section (1) shall, notwithstanding anything contained in this Act, the rule or the
bye-laws, be eligible for being elected as a member of the Committee, for a period
of four years from the date of supersession of the Committee under said sub-
1
section]
1. Inserted by Act 24 of 2001 w.e.f. 05.09.2001.
1 1
[Provisos x x x]
1. Omitted by Act 25 of 1998 w.e.f. 15.08.1998.
(4) Before taking any action under sub-section (1) in respect of a co-operative
society, the Registrar shall consult the financing banks to which it is indebted.
(5) Notwithstanding anything contained in this Act, the Registrar shall, in the
case of a co-operative bank, if so required in writing by the Reserve Bank of India,
in public interest or for preventing the affairs of the co-operative bank being
conducted in a manner detrimental to the interest of the depositors or for securing
the proper management of the co-operative bank, by order in writing, remove the
committee of that co-operative bank and appoint an administrator to manage the
1 1
affairs of the co-operative bank for such period [x x x] as may, from time to time,
1
be specified by the Reserve Bank of India.]
1. Omitted by Act 25 of 1998 w.e.f. 15.08.1998.
1 1
[30A. x x x]
1. Omitted by Act 25 of 1998 w.e.f. 15.08.1998.
1
[30B. Powers to give direction in public interest.- (1) Where the State
Government is satisfied that in public interest and for the purposes of securing
proper implementation of co-operative and other development programmes
approved or undertaken by the State Government or for specially safeguarding the
interest of the members belonging to the Scheduled Castes, Scheduled Tribes and
other Backward Classes and ensuring reservation to persons belonging to such
Castes, Tribes or Classes in the services under the Co-operative Societies, it is
necessary to issue directions to any class of Co-operative Societies generally or to
any Co-operative Society or Co-operative Societies in particular, it may issue
directions from time to time and all such Co-opertaive Socities or the Co-operative
Society concerned shall be bound to comply with such directions.
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(2) The State Government may modify or cancel any directions issued under
sub-section (1) and in modifying or cancelling such directions may impose such
conditions as it mat deem fit.
(3) The State Government may by notification, delegate its powers under this
section to the Registrar subject to such restrictions and conditions as may be
1
specified in the notification.]
1. Section 30B Omitted by Act 25 of 1998 and inserted by Act 13 of 2000 w.e.f. 26.02.2000.
1 2 2
[31. Appointment of Special Officer [by the Registrar] .- (1) Where the
Registrar is of the opinion that a co-operative society is not functioning in
accordance with the provisions of the Act, rules or bye-laws on account of the
number of members of the Committee falling short of the required number to form a
quorum due to disqualification, resignation or death or removal of a member or for
any other reason, the Registrar may, notwithstanding anything contained in this Act,
rules or bye-laws, by order appoint a Special Officer for such co-operative society,
2
for such period not exceeding six months. [The Registrar may 3[XXX]3 for the
reasons to be recorded in writing extend the period of such appointment for a
further period of six months at a time and in any case such extension shall not
2
exceed one year in the aggregate]
1. Section 31 Omitted by Act 19 of 1976 w.e.f. 20.01.1976 and Sections 31 and 31A inserted by Act
25 to 1998 w.e.f. 15.08.1998.
(5) The Special Officer shall, before the expiry of his term, arrange for
constitution of a new committee for the co-operative society in accordance with its
bye-laws.
31A. Delivery of possession of records and properties of the co-operative
societies.- (1) Where a new committee is elected or an Administrator or Special
Officer is appointed by the Registrar or where the co-operative society is ordered to
be wound up and a liquidator is appointed under this Act, and such new Committee,
Administrator or Special Officer or Liquidator is resisted in, or prevented from
obtaining possession of the books, accounts, documents, securities, cash and other
properties, whether movable or immovable of the co-operative society (hereinafter
in this section referred to as the records and properties of the society) by the
previous committee or superseded committee or by the committee of the society
which has been ordered to be taken over or to be wound up, or a person who is not
entitled to be in possession of the records and properties of the society, the
Registrar may, on application by the new committee or Administrator or Special
Officer or Liquidator, if satisfied, authorize in the prescribed form setting forth the
reasons therefore any officer subordinate to him not below the rank of a Senior
Inspector of co-operative societies, to enter, search or break open any premises or
place where such records and properties of the co-operative societies are kept and
to seize any such records and properties of the co-operative society and to cause
them to be delivered to the new committee, Administrator or Special Officer or
Liquidator.
(2) For the purpose of the proceedings under sub-section (1), the authorization
aforesaid shall be conclusive evidence that the records and properties to which it
relates belong to the co-operative society.
(3) The provisions of sections 100, 101 and 102 of the Code of Criminal
Procedure, 1973 relating to searches and seizures shall mutatis mutandis apply to
searches and seizures under this section.
(4) The provision of sub-sections (1), (2) and (3) shall mutatis mutandis apply, if
necessary records and properties of a co-operative society are not made available
for purpose of inspection, inquiry or audit under this Act or for taking charge of office
by the Chief Executive or any other employee.]3
CHAPTER V
PRIVILEGES OF CO-OPERATIVE SOCIETIES.
32. First charge of co-operative society on certain assets.- (1)
Notwithstanding anything contained in any law for the time being in force, but
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subject to any prior claim of the Government in respect of land revenue or any
money recoverable as land revenue, any debt or outstanding demand owing to a
co-operative society by any member or past member or deceased member shall be
a first charge upon the crops and other agricultural produce, cattle, fodder for cattle,
agricultural or industrial implements or machinery, raw materials for manufacture
and any finished products manufactured from such raw materials, belonging to such
member, past member or forming part of the estate of the deceased member, as
the case may be.
(2) No person shall transfer any property, which is subject to a charge under
sub-section (1) except with the previous permission in writing of the co-operative
society which holds the charge.
(3) Notwithstanding anything contained in any law for the time being in force, any
transfer of property made in contravention of the provisions of sub-section (2) shall
be void.
(4) The charge created under sub-section (1) shall be available as against any
1
claim of the Government arising from a loan granted under the [Karnataka Land
1
Improvement Loans Act, 1963 or the Karnataka Agriculturists Loans Act, 1963] ,
after the grant of the loan by the society.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.01.11.1973.
33. Charge on land, owned by members or held as tenants by members
borrowing loans from certain co-operative societies.- (1) Notwithstanding
anything contained in this Act or in any other law for the time being in force,
(i) any person who makes an application to a co-operative society of which he
is a member for a loan shall, if he owns any land, or holds any land as a tenant
make a declaration in the prescribed form. Such declaration shall state that the
applicant thereby creates a charge on the land owned by him or on his interest in
the land held by him as tenant and specified therein for the payment 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 the member 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;
(ii) a declaration made under clause (i) may be varied at any time by a
member with the consent of the co-operative society in favour of which such charge
is created;
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(iii) no member shall alienate the whole or any part of the land or any interest
of his in the land specified in the declaration made under clause (i) or varied under
clause (ii) until the whole amount borrowed by the member together with interest
thereon is paid in full:
Provided that standing crops on any such land may be alienated with the
previous permission in writing of the society;
1
[Provided further that it shall be lawful for a member to mortgage such lands or
2
any part thereof in favour of the State Government or an [Agricultural and Rural
2
Development Bank] :
Provided also that if a part of the amount borrowed by a member is paid, the co-
operative society with the approval of the financing bank to which it may be
indebted may, on an application from the member, release from the charge created
by the declaration made under clause (i) or varied under clause (ii), such part of the
land or of the interest in the land specified in the declaration as it may deem proper,
with due regard to the security for the balance of the amount of loan outstanding
1
from the member.]
1. Provisos inserted by Act 39 of 1975 w.e.f. 23.09.1975.
prescribed officer and he shall cause necessary entries to be made in the record of
rights;
(iii) the State Government may, by notification in the official Gazette, make rules
to carry out the purposes of clauses (i) and (ii).
Explanation.For the purpose of this section,
1
(1) land shall mean land to which [the Karnataka Land Revenue Act, 1964
1
(Karnataka Act 12 of 1964)] , is applicable; and
1. Substituted by Act 39 of 1975 w.e.f. 23.09.1975.
(2) co-operative society shall mean a co-operative society of which majority of
the members are agriculturists and which is,
(a) a credit society the primary object of which is to obtain credit for its
members; or
(b) any other class of society specified in this behalf by the State Government
by general or special order.
34. Deduction from salary to meet society's claim in certain cases.- (1)
Notwithstanding anything contained in any law for the time being in force, a member
of a co-operative society may execute an agreement in favour of the society
providing that his employer shall be competent to deduct from the salary or wages
payable to him by the employer, such amount as may be specified in the
agreement, and to pay the amount so deducted to the society in satisfaction of any
debt or other demand owing by the member to the society.
(2) On the execution of such an agreement the employer shall, if so required by
the co-operative society by requisition in writing and so long as such debt or
demand or any part of it remains unpaid, make the deduction in accordance with the
agreement and pay the amounts so deducted to the society within fourteen days
from the date of the deduction.
(3) Nothing contained in this section shall apply to persons employed in railways
as defined in Article 366 of the Constitution, mines and oil fields.
35. Charge and set off in respect of shares or interest of members in the
capital of a co-operative society.- A co-operative society shall have a charge
upon the share or interest in the capital and on the deposits of a member or a past
member and on any dividend, bonus or profits payable to a member or a past
member in respect of any debt or outstanding demand owing to the co-operative
society and may set off any sum credited or payable to a member towards payment
of any such debt or outstanding demand:
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after its registration or any casual vacancy shall be held subject to the
superintendence, direction and control of the Registrar.
1. Chapter V-A & sections 39A to 39K inserted by Act 25 of 1998 w.e.f. 15.08.1998 except that sub-
section (3) of section 39A is brought into force w.e.f. 27.10.1998.
(2) Every general election of members of the committee shall be held within
fifteen days before the date of expiry of the term of office of the committee. The date
of such general election shall be fixed by the committee or in the absence of the
committee by the Administrator or Special Officer.
(3) Subject to the provisions of the Act, the election of members of the committee
shall be held by secret ballot, in accordance with such rules as may be prescribed.
1
[(4) Where due to scarcity, drought, flood, fire or any other natural calamities or
rainy season or any election programme of the State Legislative Assembly or
Council or Parliament or Local Authority co-inciding with the election programme of
any society or class of societies, or in public interest the elections are to be
postponed, the State Government may, notwithstanding anything contained in this
Act, or rule or bye-laws, by general or special order postpone the election of any
society or class of societies for a period not exceeding six months at a time and in
1
any case not exceeding two years in aggregate]
1. Subsection (4) inserted by Act 24 of 2001 w.e.f. 05.09.2001.
39B. Cost of conducting elections.- The expenses of holding any election,
including the payment of traveling allowances, dearness allowances and other
remuneration, if any, to the persons appointed to exercise the powers and perform
the duties in respect of the election shall be borne by the co-operative society
concerned.
39C. Corrupt practices.- The following shall be deemed to be corrupt practices
for the purposes of this Act, namely:
(i) Bribery as defined in clause (1) of section 123 of the Representation of the
Peoples Act, 1951 (Central Act 43 of 1951), for the time being in force;
(ii) undue influence as defined in clause (2) of the above section for the time
being in force;
(iii) the appeal by a candidate or his agent or by any other person with the
consent of a candidate or his agent to vote or refrain from voting for any person on
the ground of his religion, race, caste, community or language or the use of, or
appeal to national symbols, such as the national flag or the national emblem, for the
furtherence of the prospects of the election of that candidate or for prejudicially
affecting the election of any candidate;
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(iv) the promotion of, or attempt to promote, feeling of enimity or hatred between
different classes of the citizens of India on grounds of religion, race, caste,
community or language, by a candidate or his agent or any other person with the
consent of a candidate or his election agent for the furtherance of the election of
that candidate or for prejudicially affecting the election of any candidate;
(v) the publication by a candidate or his agent or by any other person, with the
consent of candidate or his agent, of any statement of fact which is false, and which
he either believes to be false or does not believe to be true in relation to the
personal character or conduct of any candidate, or in relation to the candidature or
withdrawal of any candidature, being a statement reasonably calculated, to
prejudice the prospects of that candidates election;
(vi) the hiring or procuring whether on payment or otherwise, any vehicle or
vessel by a candidate or his agent or by any other person with the consent of a
candidate or his agent, or the use of such vehicle or vessel for the free conveyance
of any voter (other than the candidate himself, the members of his family or his
agent) to or from any polling station provided in accordance with the rules made
under this Act:
Provided that the use of any public transport vehicle or vessel or railway carriage
by any voter at his own cost for the purposes of going to or coming from any such
polling station or place fixed for the poll shall not be deemed to be a corrupt practice
under this clause.
Explanation.In this clause, the expression vehicle means any vehicle used
or capable of being used for the purposes of road transport, whether propelled by
mechanical power or otherwise whether used for the drawing of other vehicles or
otherwise;
(vii) the holding of any meeting at which intoxicating liquors are served;
(viii) the issuing of any circular, placard or poster having reference to the election
which does not bear the name and address of the printer and publisher thereof:
(ix) any other practice which the State Government may by rule specify to be a
corrupt practice.
39D. Maintenance of secrecy of voting.- (1) Every officer, clerk, agent or
other person who performs any duty in connection with the recording or counting of
votes at an election shall maintain and aid in maintaining the secrecy of the voting
and shall not (except for some purpose authorized by or under any law)
communicate to any person any information calculated to violate such secrecy.
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(2) Any person who contravenes the provisions of sub-section (1) shall on
conviction, be punished with imprisonment for a term which may extend to three
months or with fine or with both.
39E. Officers etc. at election not to act for candidates or to influence
voting.- (1) No person who is a returning officer, or an assistant returning officer or
a presiding or polling officer at an election or an officer or clerk appointed by the
returning officer or the presiding officer to perform any duty in connection with an
election shall in the conduct or the management of the election do any act (other
than the giving of vote) for the furtherance of the prospects of the election of a
candidate.
(2) No such person as aforesaid, and no member of a police force, shall
endeavour,
(a) to persuade any person to give his vote at an election; or
(b) to dissuade any person from giving his vote at an election; or
(c) to dissuade any person at an election in any manner.
(3) Any person who contravenes the provisions of sub-section (1) or sub-section
(2) shall, on conviction, be punished with imprisonment for a term which may extend
to six months or with fine or with both.
(4) An offence punishable under sub-section (3) shall be cognizable.
39F. Prohibition of canvassing in or near polling station.- (1) No person
shall, on the date or dates on which a poll is taken at any polling station commit any
of the following acts within the polling station or in any public or private place within
a distance of one hundred meters of the polling station, namely:
(a) canvassing for votes; or
(b) soliciting the vote of any elector; or
(c) persuading any elector not to vote for any particular candidate; or
(d) persuading any elector not to vote at the election; or
(e) exhibiting any notice or sign (other than an official notice) relating to the
election.
(2) Any person who contravenes the provisions of sub-section (1) shall, on
conviction be punished with fine which may extend to two hundred and fifty rupees.
(3) An offence punishable under sub-section (2) shall be cognizable.
39G. Penalty for disorderly conduct in or near poling station.- (1) No
person shall on the date or dates on which a poll is taken at any polling station,
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(a) use or operate within or at the entrance of the polling station, or in any
public or private place in the neighbourhood thereof, any apparatus for amplifying or
reproducing the human voice such as megaphone or a loud speaker; or
(b) shout or otherwise act in a disorderly manner, within or at the entrance of
the polling station or in any public or private place in the neighborhood thereof, so
as to cause annoyance to any person visiting the polling station for the poll, or so as
to interfere with the work of officers and other persons on duty at the polling station.
(2) Any person, who contravenes or willfully aids or abets the contravention of
the provisions of sub-section (1) shall, on conviction, be punished with
imprisonment for a term which may extend to three months or with fine or with both.
(3) If the Presiding Officer of a polling station has reason to believe that any
person is committing or has committed an offence punishable under this section, he
may direct any police officer to arrest such person, and thereupon the police officer
shall arrest him.
(4) Any police officer may take such steps and use such force, as may be
reasonably necessary for preventing any contravention of the provisions of sub-
section (1) and may seize any apparatus used for such contravention.
39H. Penalty for misconduct at the polling station.- (1) Any person who
during hours fixed for the poll at any polling station misconducts himself or fails to
obey the lawful directions of the Presiding Officer, may be removed from the polling
station by the Presiding Officer or by any Police Officer on duty or by any person
authorized in this behalf by such Presiding Officer.
(2) The powers conferred by sub-section (1) shall not be exercised so as to
prevent any elector who is otherwise entitled to vote at a polling station from having
an opportunity of voting at that station.
(3) If any person who has been so removed from a polling station re-enters the
polling station without the permission of the Presiding Officer, he shall, on conviction
be punished with imprisonment for a term which may extend to three months, or
with fine, or with both.
(4) An offence punishable under sub-section (3) shall be cognizable.
39I. Breaches of official duty in connection with election.- (1) If any person
to whom this section applies is without reasonable cause guilty of any act or
omission in breach of his official duty, he shall, on conviction be punished with fine
which may extend to five hundred rupees.
(2) An offence punishable under sub-section (1) shall be cognizable.
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(3) No suit or other legal proceedings shall lie against any such person for
damages in respect of any such act or omission as aforesaid.
(4) The persons to whom this section applies are the returning officers, assistant
returning officers, presiding officers, polling officers and any other person appointed
to perform any duty in connection with the receipt of nomination or withdrawal of
candidature or the recording or counting of votes at an election and the expression
official duty shall for the purpose of this section be construed accordingly, but shall
not include duties imposed otherwise than by or under this Act.
39J. Removal of ballot papers from polling station to be an offence.- (1) Any
person who at any election fraudulently takes or attempts to take a ballot paper out
of a polling station, or willfully aids or abets the doing of any such act, shall on
conviction be punished with imprisonment for a term which may extend to one year
or with fine which may extend to five hundred rupees or with both.
(2) If the Presiding Officer of a polling station has reason to believe that any
person is committing or has committed an offence punishable under sub-section (1)
such officer may, before such person leaves the polling station arrest or direct a
police officer to arrest such person and may search such person or cause him to be
searched by a police officer:
Provided that when it is necessary to cause a woman to be searched, the search
shall be made by another woman with strict regard to decency.
(3) Any ballot paper found upon the person arrested on search shall be made
over for safe custody to the police officer by the presiding officer or when the search
is made by police officer, shall be kept by such officer in safe custody.
(4) An offence punishable under sub-section (1) shall be cognizable.
39K. Other offences and penalties.- (1) A person shall be guilty of an electoral
offence, if at any election, he,
(a) fraudulently defaces or fraudulently destroys any nomination paper; or
(b) fraudulently defaces, destroys or removes any list, notice or other
document affixed by or under the authority of a returning officer; or
(c) fraudulently defaces or destroys any ballot paper or the official mark on
any ballot paper; or
(d) without due authority supplies any ballot paper to any person or receives
any ballot paper from any person or is in possession of any ballot paper; or
(e) fraudulently puts into any ballot box anything other than ballot paper which
he is authorized by law to put in; or
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(f) without due authority destroys, takes, opens or otherwise interferes with
any ballot box or ballot papers then in use for the purposes of the election; or
(g) fraudulently or without due authority, as the case may be, attempts to do
any of the foregoing acts or willfully aids or abets the doing of any such acts.
(2) Any person guilty of an offence under this section shall,
(a) if he is a returning officer, assistant returning officer or a presiding officer
at a polling station or any other officer or clerk employed on official duty in
connection with the election, on conviction, be punished with imprisonment for a
term which may extend to two years or with fine or with both;
(b) if he is any other person, on conviction, be punished with imprisonment for
a term which may extend to six months or with fine or with both.
(3) For the purposes of this section, a person shall be deemed to be on official
duty, if his duty is to take part in the conduct of an election or part of an election
including the counting of votes or to be responsible after an election for the used
ballot papers and other documents in connection with such election, but the
expression official duty shall not include any duty imposed otherwise than by or
under this Act.
2
(4) An offence punishable under sub-section (2) shall be cognizable.]
CHAPTER VI
STATE AID TO CO-OPERATIVE SOCIETIES.
40. Promotion of co-operative movement.- It shall be the duty of the State
Government to encourage and promote the co-operative movement including
encouragement of co-operative farming in the State and to take such steps in this
direction as may be necessary.
41. Direct partnership of State Government in co-operative societies.- (1)
The State Government may subscribe directly to the share capital of a co-operative
society with limited liability.
(2) Notwithstanding any agreement to the contrary, the State Government shall
not be entitled to a dividend on the shares of any such co-operative society at a rate
higher than that at which such dividend is payable to any other shareholder of the
society.
42. Indirect partnership of State Government in co-operative societies.-
The State Government may, subject to appropriation by law, provide moneys to a
co-operative society (hereinafter in this Chapter referred to as apex society) for the
purchase of shares in other co-operative societies with limited liability.
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43. Principal State Partnership Fund.- (1) An apex society which is provided
with moneys by the State Government under section 42 shall, with such moneys,
establish a Fund to be called the Principal State Partnership Fund.
(2) An apex society shall utilise the Principal State Partnership Fund for the
purpose of,
(a) directly purchasing shares in other co-operative societies with limited
liability;
(b) providing moneys to a co-operative society (hereinafter in this Chapter
referred to as central society) to enable that society to purchase shares in
other co-operative societies with limited liability (hereinafter in this
Chapter referred to as primary societies);
(c) making payments to the State Government in accordance with the
provisions of this Chapter;
and for no other purpose.
44. Subsidiary State Partnership Fund.- (1) A central society which is
provided with moneys by an apex society from the Principal State Partnership
Fund shall, with such moneys, establish a Fund to be called the Subsidiary State
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.
45. Approval of State Government for purchase of shares.- No shares shall
be purchased in a co-operative society from the moneys in the Principal State
Partnership Fund or the Subsidiary State Partnership Fund, except with the
previous approval in writing of the State Government.
46. Liability to be limited in respect of certain shares.- Where any shares
are purchased in a co-operative society by,
(a) the State Government; or
(b) an apex society or a central society from the Principal State Partnership
Fund or the Subsidiary State Partnership Fund as the case may be,
the liability in respect of such shares shall, in the event of the co-operative society
being wound up, be limited to the amount paid in respect of such shares.
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CHAPTER VII.
PROPERTIES AND FUNDS OF CO-OPERATIVE SOCIETIES.
56. Funds not to be divided.- No part of the funds other than the net profits of
a co-operative society shall be paid by way of bonus or dividend or otherwise
distributed among its members:
Provided that a member may be paid such remuneration, allowances or
honoraria on such scale as may be laid down by the bye-laws for any services
rendered by him to the co-operative society.
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[Provided further that no member shall be paid travelling allowance, daily
allowance or such other allowances or fees for attending meetings of the
committees or for performing any other functions as member at a rate higher than
the maximum rate prescribed for the purpose, and different rates may be prescribed
1
for different classes of co-operative societies or for different purposes.]
1. Inserted by Act 39 of 1975 w.e.f. 23.09.1975.
57. Net profits and their disposal.- (1) The net profits of co-operative societies
shall be determined in accordance with such rules as may be prescribed and
different rules may be made for different classes of co-operative societies.
(2) A co-operative society shall, out of its net profit in any year transfer an
amount not being less than twenty-five per cent of the profits to the reserve fund.
1
[(2A) A Co-operative Society shall, from out of the balance of its net profits,
contribute two percent to the Co-operative Education Fund to be administered by
the Karnataka State Co-operative Federation Limited, Bangalore.
(2B) No Co-operative Society which has failed to contribute to the Co-
1
operative Education Fund shall pay dividend to its members.]
1. Sub-sections (2A) & (2B) inserted by Act 40 of 1964 w.e.f. 26.06.1965 and substituted by Act 25
of 1998 w.e.f. 15.08.1998 and again substituted by Act 13 of 2004 w.e.f. 22.03.2004.
1 1
(3) The balance of the net profits may [x x x] be utilised for all or any of the
following purposes, namely:
2
[(a) x x x
2
(b) x x x]
1. Inserted by Act 40 of 1964 w.e.f. 26.06.1965 and Omitted by Act 25 of 1998 w.e.f. 15.08.1998.
(d) constitution of, or contributions to, such special funds as may be specified
in the bye-laws;
(e) donations of amounts not exceeding ten per cent of the net profits for any
charitable purpose as defined in section 2 of Charitable Endowments Act, 1890
(Central Act VI of 1890); and
(f) payment of bonus to employees of the society, to the extent and in the
manner specified in the bye-laws:
Provided that the bonus payable in any year to any employee shall not exceed
two months pay.
1
[(4) A co-operative society may pay dividend to its members from out of the
balance of net profits available after making deductions as provided for under sub-
1
sections (2), (2A) and (3) and the bye-laws of the society.]
1. Inserted by Act 40 of 1964 w.e.f. 26.06.1965 and Omitted by Act 25 of 1998 w.e.f. 15.08.1998.
58. Investment of funds.- A co-operative society may invest or deposit its
funds,
(a) in a Government Savings Bank; or
(b) in any of the securities specified in section 20 of the Indian Trusts Act, 1882
(Central Act II of 1882); or
(c) in the shares or securities of any other co-operative society; or
1
[(d) with any Co-operative Bank; or
(e) with any Scheduled Bank approved by the Registrar:
Provided that no such approval shall be necessary for opening a current account
in any Scheduled Bank by a Co-operative Bank for its regular business
1
transaction.]
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
1 1
59. Restrictions on borrowings.- [(1)] A co-operative society shall receive
deposits and loans only to such extent and under such conditions as may be
prescribed or as may be specified in the bye-laws.
1. Renumbered by Act 2 of 1975 w.e.f. 17.07.1975.
1
[(2) Notwithstanding anything contained in sub-section (1), such co-operative
societies or class of co-operative societies as the Registrar may, by general or
special order, specify, shall have power to borrow from a credit agency subject to
1
such conditions as may be specified in such order]
1. Inserted by Act 2 of 1975 w.e.f. 17.07.1975 and substituted by Act 13 of 2004 w.e.f. 22.03.2004.
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60. Restrictions on loans.- (1) A co-operative society shall not make a loan to
any person other than a member:
Provided that with the general or special sanction of the Registrar, a co-operative
society may make loans to another co-operative society.
(2) Notwithstanding anything contained in sub-section (1), a co-operative society
may make a loan to a depositor on the security of his deposit.
61. Restrictions on other transactions with non-members.- Save as is
provided in sections 59 and 60, the transactions of a co-operative society with
persons other than members shall be subject to such restrictions, if any, as may be
prescribed.
62. Provident Fund.- (1) A co-operative society may establish a contributory
Provident Fund for the benefit of its employees to which shall be credited all
contributions made by the employees and society in accordance with the bye-laws
of the society.
(2) A contributory Provident Fund established by a co-operative society under
sub-section (1),
(a) shall not be used in the business of the society;
(b) shall not form part of the assets of the society; and
(c) shall not be liable to attachment or be subject to any other process of any
court or other authority.
CHAPTER VIII
AUDIT, INQUIRY, INSPECTION AND SURCHARGE.
1
63. Audit.- [(1) The Director of Co-operative Audit shall audit or cause to be
audited by a person authorized by him by general or special order in writing in this
1
behalf, the accounts of every co-operative society at least once in each year]
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998 and again substituted by Act 24 of 2001 w.e.f.
05.09.2001.
(2) The audit under sub-section (1) shall include an examination of overdue
debts, if any, the verification of the cash balance and securities, a valuation of the
assets and liabilities, and an examination of the working and the other prescribed
particulars of the society.
1 1 2 2
(3) The [Director of Co-operative Audit] [or the authorized person] shall at all
times have access to all the books, accounts, documents, papers, securities, cash
and other properties belonging to, or in the custody of, the society and may
summon any person in possession or responsible for the custody of any such
books, accounts, documents, papers, securities, cash or other properties, to
produce the same at any public office at the headquarters of the society or any
branch thereof.
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
2. Substituted by Act 25 of 1998 w.e.f. 15.08.1998 and again substituted by Act 24 of 2001 w.e.f.
05.09.2001.
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(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
1
information in regard to the transactions and working of the society as the [Director
1
of Co-operative Audit] 2[or the person authorized]2 may require.
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
2. Inserted by Act 25 of 1998 w.e.f. 15.08.1998 and substituted by Act 24 of 2001 w.e.f. 05.09.2001.
1
[(4A) Every Co-operative Society shall for each co-operative year, prepare and
furnish within two months from the end of that year, to the Registrar and the Director
of Co-operative Audit, a statement showing the receipts and disbursements, profit
and loss and the balance sheet for the year and such other statements and returns
1
as the Registrar or the Director of Co-operative Audit may direct.]
1. Inserted by Act 5 of 1984 w.e.f. 09.01.1984.
2 2
1[(5) The Director of Co-operative Audit [xxx] shall send copies of the audit
report and communicate the results of audit to the co-operative society, the
Registrar and to the financing bank or credit agency, and if the society is affiliated to
1
any other co-operative society, to such co-operative society;]
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
(b) The Director of Co-operative Audit may on receipt of the application under
clause (a) summon the production of documents, if any, pertaining to the objection
and examine the same. He may also examine any person including the auditor and
order for deletion or confirmation of the audit objection and on deletion, the
objection shall stand removed from the balance sheet of the society and on
confirmation the amount held under objection shall be recoverable.
(9) The Registrar shall submit half yearly reports to the State Government
furnishing details of the number of defects disclosed in audit, number of defects
rectified, action taken to remedy the defects and the reasons for pendency, if any. A
copy of such report may be forwarded to the Director of Co-operative Audit.
(10) If it appears to the State Government on an application by a co-operative
society or otherwise that it is necessary or expedient to re-audit any account of a
society, the State Government may, by an order provide for such re-audit and the
provisions of the Act and the rules applicable to the audit shall apply to such re-
audit:
1 1
[Proviso xxx]
1. Omitted by Act 24 of 2001 w.e.f. 05.09.2001.
Provided also that such re-audit shall be ordered only when there is a prima-
facie case of fraud or mis-appropriation or embezzlement of funds not detected or
properly examined by the auditor during regular audit or misclassification of
accounts or for any other valid reasons with a view to truly reflect the financial
position of the society;
(11) Notwithstanding anything contained in the preceding sub-sections, the
Director of Co-operative Audit shall have power to re-examine or re-verify the
audited accounts of any co-operative society pertaining to any year and incorporate
the lapses observed during such re-examination or re-verification in the next audit
1
report to be issued.]
64. Inquiry by Registrar.- (1) The Registrar may, of his own motion, by
himself or by a person authorized by him, by order in writing, hold an inquiry into
1 1
[any matter specified in the order touching] the constitution, working and financial
condition of a co-operative society.
1. Inserted by Act 19 of 1976 w.e.f. 20.01.1976.
(2) An inquiry of the nature referred to in sub-section (1) shall be held on the
application of,
(a) a co-operative society to which the society concerned is affiliated;
(b) a majority of the members of the committee of the society; or
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(c) not less than one-third of the total number of members of the society.
1 2
[(2A) An inquiry under sub-section (1) shall be completed [within a period of
twelve months which may however be extended 3[by the Registrar for the reasons
1
to be recorded in writing]3 for a further period of six months]2]
1. Inserted by Act 25 of 1998 w.e.f. 15.08.1998.
(3) The officer or member so inspecting shall, at all reasonable times, have free
access to the books, account, document, securities, cash and other properties
belonging to or in the custody of the co-operative society and may also call for such
information, statements and returns as may be necessary to ascertain the financial
conditions of the co-operative society, and to ensure security of the sums lent to it
1
by the credit agency;]
66. Power to seize books and property.- If any officer or person conducting
audit under section 63, inquiry under section 64 or inspection under section 65, has
reason to believe that any books or other property of the society have been
tampered with or are likely to be tampered with, if left with the society with a view to
eliminate or efface or change or manipulate any evidence which may be deemed
necessary by such officer or person in connection with the proof of any defect or
irregularities noticed by him during the course of audit, inquiry or inspection, he shall
have power to seize and impound such books or property in such manner and for
such period as may be prescribed.
67. Costs of Inquiry.- Where an inquiry is held under section 64 or an
inspection is made under section 65 on the application of a creditor, the Registrar
may apportion the costs, or such part of the costs, as he may deem fit, between the
co-operative society to which the society concerned is affiliated, the society, the
1 1
members or creditor demanding an inquiry or inspection, and the [office bearers]
1 1
or former [office bearers] of the society:
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
Provided that,
(a) no order of apportionment of the costs shall be made under this section
unless the society or the person sought to be made liable to pay the costs
thereunder has had a reasonable opportunity of being heard;
(b) the Registrar shall state in writing the grounds on which the costs are
apportioned.
2 2
68. Order by the Registrar.- [(1)] The Registrar may make an order directing
1 1
the co-operative society or its [office bearers] to take such action as may be
specified in the order within the time mentioned therein to remedy the defects
disclosed in the audit under section 63 or the inquiry under section 64 or inspection
3 3
under section 65 [and 65B] .
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
2. Renumbered by Act 25 of 1998 w.e.f. 15.08.1998.
3. Inserted by Act 25 of 1998 w.e.f. 15.08.1998.
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1
[(2) A report about rectification of defects by the co-operative society shall be
sent by the committee of such society periodically till all such defects are rectified to
the Registrar, the credit agency and the financial Bank, and where the defects were
pointed out in the audit, to the Director of Co-operative Audit.
(3) When the Registrar makes an order under sub-section (1) to remedy the
defects disclosed in the inquiry or inspection, he shall send a copy of the order
alongwith the result of the inquiry or inspection as the case may be, to the Director
of Co-operative Audit who shall take action for incorporation of such results in the
1
next audit report and financial statements wherever necessary.]
1. Inserted by Act 25 of 1998 w.e.f. 15.08.1998.
1 1
[Explanation: x x x]
1. Omitted by Act 19 of 1976 w.e.f. 20.01.1976.
1
[69. Surcharge.- (1) If in the course of an audit, inquiry, inspection or the
winding up of a Co-operative society, it is found that the Committee of Management
of such society or the President, Vice-President, the Chairman, Vice-Chairman or
2
any other member of the Committee of Management [including Government
2
nominees and ex-officio members] or any person who is or was entrusted with the
organization or management of such co-operative society or who is or has at any
time been an officer or an employee of a co-operative society has made any
payment contrary to the Act, the rules or the bye-laws or has caused any deficiency
3 3
in the assets of the co-operative society by breach of trust or [x x x] negligence or
has misappropriated or fraudulently retained any money or other property belonging
to such Co-operative society, the Registrar may, of his own motion or on an
application of the Committee, Liquidator or any creditor, frame charges against such
person or persons and after giving such person and in the case of a deceased
person, to his representative who inherits his estate, an opportunity of making
representation, make an order requiring him to pay or restore the money or property
or any part thereof with interest at such rate as he may determine or to contribute
such sum to the assets of the co-operative society by way of compensation to such
extent as he may consider just and equitable.
(2) This section shall apply, notwithstanding that the act is one for which the
1
person concerned may be criminally liable.]
1. Substituted by Act 19 of 1976 w.e.f. 20.01.1976.
from the principal debtor, as a result of the default of the principal debtor whether
such debt or demand is admitted or not;
(c) any dispute arising in connection with the election of a President, Vice-
president, Chairman, Vice-chairman, Secretary, Treasurer or Member of Committee
of the society.
1
[(d) any dispute between a co-operative society and its employees or past
employees or heirs or legal representatives of a deceased employee, including a
dispute regarding the terms of employment, working conditions and disciplinary
2
action taken by a co-operative society [notwithstanding anything contrary contained
2
in the Industrial Disputes Act, 1947 (Central Act 14 of 1947)] ;
(e) a claim by a co-operative society for any deficiency caused in the assets
of the co-operative society by a member, past member, deceased member or
deceased officer, 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
1
admitted or not.]
1. Clauses (d) and (e) inserted by Act 19 of 1976 w.e.f. 20.01.1976.
71. Disposal of disputes.- (1) The Registrar may, on receipt of the reference of
a dispute under section 70,
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if all references to the co-operative society or its committee in the said provisions
were references to the financing bank.
(2) Where a financing bank has obtained a decree or decision against a co-
operative society in respect of money due to it from the co-operative society, the
financing bank may proceed to recover such moneys, first, from the assets of the
co-operative society and, secondly, from the members of such co-operative society
1
to the extent of their debts to the society.]
1. Inserted by Act 39 of 1975 w.e.f. 23.09.1975.
1
[71B. Powers of credit agency to proceed against members of a co-
operative society for the recovery of money due to it from such society.- (1) If
a co-operative society is unable to pay its debts to a credit agency by reason of its
members committing default in the payment of the moneys due by them, the credit
agency may direct the committee of such co-operative society to take proceedings
against such member under section 70 or initiate proceedings under section 101, as
the case may be, and if the committee fails to do so within a period of ninety days
from the date of receipt of such direction the credit agency may itself proceed
against such defaulting members under section 70 or section 101, as the case may
be, in which case, the provisions of the Act, the rules or the bye-laws shall apply as
if all references to the co-operative society or its committee in the said provisions,
were reference to the credit agency.
(2) Where a credit agency has obtained a decree or award against a co-
operative society in respect of money due to it from the co-operative society the
credit agency may proceed to recover such moneys firstly from the assets of the co-
operative society and secondly from the members of the co-operative society to the
1
extent of their debts due to the society.]
1. Inserted by Act 2 of 1975 w.e.f. 17.07.1975.
CHAPTER X
WINDING UP AND DISSOLUTION OF CO-OPERATIVE SOCIETIES.
72. Winding up of co-operative societies.- (1) If the Registrar after an inquiry
has been held under section 64 or an inspection has been made under section 65
or on receipt of an application made by not less than three-fourths of the members
of a co-operative society, is of opinion that the society ought to be wound up, he
may issue an order directing it to be wound up.
(2) The Registrar may, of his own motion, make an order directing the winding
up of a co-operative society,
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(2) A Liquidator shall, on appointment, take into his custody or under his control
all the property, effects and actionable claims to which the society is or appears to
be entitled and shall take such steps as he may deem necessary or expedient, to
prevent loss or deterioration of, or damage to such property, effects and claims.
(3) Where an appeal is preferred under section 106, an order of winding up of a
co-operative society made under section 72 shall not operate thereafter until the
order is confirmed in appeal:
Provided that the Liquidator shall continue to have custody or control of the
property, effects and actionable claims mentioned in sub-section (2) and have
authority to take the steps referred to in that sub-section.
(4) Where an order of winding up of a co-operative society is set-aside in appeal,
the property, effects and actionable claims of the society shall revest in the society.
74. Powers of Liquidator.- (1) Subject to any rules made in this behalf, the
whole of the assets of a co-operative society in respect of which an order for
winding up has been made, shall vest in the Liquidator appointed under section 73
from the date on which the order takes effect and the Liquidator shall have power to
realise such assets by sale or otherwise.
(2) Such Liquidator shall also have power, subject to the control of the
Registrar,
(a) to institute and defend suits and other legal proceedings on behalf of the
co-operative society by the name of his office;
(b) to determine from time to time the contribution to be made or remaining to
be made by the members or past members or by the estates or nominees, heirs or
1 1
legal representatives of deceased members or by any [office bearers] or former
1 1
[office bearers] , to the assets of the society;
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
(c) to investigate all claims against the co-operative society and, subject to the
provisions of this Act, to decide questions of priority arising between claimants;
(d) to pay claims against the co-operative society including interest up to the
date of winding up according to their respective priorities, if any, in full or rateably,
as the assets of the society may permit; the surplus, if any, remaining after payment
of the claims being applied in payment of interest from the date of such order of
winding up at a rate fixed by him but not exceeding the contract rate in any case;
(e) to determine by what persons and in what proportions the costs of the
liquidation are to be borne;
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1 1
(b) [Agriculture and Rural Development Bank] means a Co-operative
1 1
[Agriculture and Rural Development Bank] registered or deemed to be registered
1
under this Act and admitted as a member of the [State Agriculture and Rural
1 2
Development Bank] [and includes such class or classes of co-operative societies
1
as may be notified by the Registrar and admitted as members of the [State
1 2
Agriculture and Rural Development Bank] ] ;
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
2 2
the discharge of its function as a [Agriculture and Rural Development Bank] may
3 3
issue debentures of such denominations [or take loans] , for such period, and at
4
such rates of interest, as it may deem expedient [on the security of,
1. Sections 79 inserted by Act 40 of 1964 w.e.f. 26.06.1965.
1 1
86. Power of [Agriculture and Rural Development Bank] to receive
moneys and grant discharges.- Notwithstanding that a mortgage executed in
1 1
favour of an [Agriculture and Rural Development Bank] has been transferred, or is
1
deemed under the provisions of section 85 to have been transferred, to the [State
1
Agriculture and Rural Development Bank] ,
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
(a) all moneys due under the mortgage shall, in the absence of any specific
direction to the contrary issued by the Board or Trustee and communicated to the
1 1
mortgagor, be payable to the [Agriculture and Rural Development Bank] and such
payment shall be as valid as if the mortgage had not been so transferred; and
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
1 1
(b) the [Agriculture and Rural Development Bank] shall, in the absence of any
specific direction to the contrary issued by the Board or Trustee and communicated
1 1
to the [Agriculture and Rural Development Bank] , be entitled to sue on the
mortgage or take any other proceeding for the recovery of the moneys due under
the mortgage.
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
2
[86A. Recovery of Loans by development banks.- All loans granted by the
1 1
[Agriculture and Rural Development Bank] , all interests (if any) chargeable
thereon, and costs (if any), incurred in making the same, shall when they become
1 1
due, be recoverable by the [Agriculture and Rural Development Bank]
2
concerned.]
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
Provided that where there is a dispute as regards the amount of any such debt,
the person to whom such debt is due shall be bound to receive payment of the
1 1
amount offered by the [Agriculture and Rural Development Bank] towards the
debt, but such receipt shall not prejudice the right, if any, of such person, to recover
the balance claimed by him.
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
(3) For purposes of determining the particulars of prior debts referred to in sub-
1 1
section (1), any officer of the [State Agriculture and Rural Development Bank] or of
1 1
the [Agriculture and Rural Development Bank] , authorised in this behalf by the
State Government by notification in the official Gazette, may, subject to such
restrictions, limitations and conditions as may be prescribed, by order in writing
require any person to whom any such prior debt may be due, to furnish any
information or any document relating to such debt, and thereupon such person shall
furnish the information or document so required.
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
1
[87A. Mortgages executed by managers of joint Hindu families.-(1)
2 2
Mortgages, in respect of loans by an [Agriculture and Rural Development Bank] or
2 2
the [State Agriculture and Rural Development Bank] either before or after the
3 3
commencement of the [Karnataka] Co-operative Societies (Amendment) Act, 1964
by the manager of a joint Hindu family for the improvement of agricultural land or of
the methods of cultivation, or for financing any other means to increase the
productivity of the land, or for the purchase of land, shall be binding on every
member of such joint Hindu family, notwithstanding any law to the contrary.
1. Sections 87A and 87B inserted by Act 40 of 1964 w.e.f. 26.06.1965.
2. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
3. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.01.11.1973.
2
(2) In other cases, where a mortgage executed in favour of an [Agriculture and
2 2 2
Rural Development Bank] or [State Agriculture and Rural Development Bank]
1 1
either before or after the commencement of the [Karnataka] Co-operative
Societies (Amendment) Act, 1964, is called in question on the ground that it was
executed by the manager of a joint Hindu 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.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.01.11.1973.
2. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
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(3) The value of the property distrained shall be, as nearly as possible, equal to
the amount due and the expenses of the distraint and the costs of the sale.
89. Power of sale when to be exercised.- (1) Notwithstanding anything
contained in the Transfer of Property Act, 1882 (Central Act IV of 1882), where a
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power of sale without the intervention of the court is expressly conferred on the
1 1
[Agriculture and Rural Development Bank] by the mortgage deed, the committee
of such Bank or any person authorized by such committee in this behalf shall, 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 without the intervention of the court.
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
(2) No such power shall be exercised unless and until,
(a) the Board has previously authorized the exercise of the power conferred
by sub-section (1), after hearing the objections, if any, of the mortgagor;
(b) notice in writing requiring payment of such mortgage money or part has
been served upon,
(i) the mortgagor;
(ii) any person who has any interest in or charge upon the property
mortgaged or in or upon the right to redeem the same;
(iii) any surety for the payment of the mortgage debt or any part thereof; and
(iv) any creditor of the mortgagor who has in a suit for the administration of
his estate obtained a decree for sale of the mortgaged property; and
(c) default has been made in payment of such mortgage money or part
thereof for three months after such service.
1
[(3) Notwithstanding anything contained in any law for the time being in force, it
2 2 3 3 3
shall be lawful for [an] [Agriculture and Rural Development Bank] or the [State
3
Agriculture and Rural Development Bank] to purchase any mortgaged property
1
sold under this Chapter.]
1. Substituted by Act 40 of 1964 w.e.f. 26.06.1965.
2. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
3. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
1 2
[89A. Confirmation of sale.- (1) On effecting the sale by an [Agriculture and
2
Rural Development Bank] under section 89, the bank shall, in the prescribed
2 2
manner submit to the [State Agriculture and Rural Development Bank] and the
Registrar a report setting forth the manner in which the sale has been effected and
2 2
the result of the sale, and the [State Agriculture and Rural Development Bank]
may, with the approval of the Registrar, confirm the sale or cancel it.
1. Sections 89A to 89H inserted by Act 40 of 1964 w.e.f. 26.06.1965.
2. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
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1
(2) Where the sale is effected by the [State Agriculture and Rural Development
1 1
Bank] or the Trustee under section 89, the [State Agriculture and Rural
1
Development Bank] or the Trustee, as the case may be, shall in the prescribed
manner submit to the Registrar a report setting forth the manner in which the sale
has been effected and the result of the sale, and the Registrar may confirm or
cancel the sale.
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
89B. Disposal of sale-proceeds.- The proceeds of every sale effected under
section 89 and confirmed under section 89A, shall be applied first in payment of all
costs, charges and expenses incurred in connection with the sale or attempted
sales, secondly in payment of any or all interest due on account of the mortgage in
consequences whereof the mortgage property was sold, and thirdly in payment of
the principal due on account of the mortgage including costs and charges incidental
to the recovery.
If there remain any residue from the proceeds of sale, the same shall be paid to
the person proving himself interested in the property sold, or if there are more such
persons than one, then to such persons upon their joint receipt or according to their
1
respective interest therein, as may be determined by the [Agriculture and Rural
1
Development Bank] :
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
Provided that before any such payments are made the unsecured dues owing,-
1 1
(a) from the mortgagor to the [Agriculture and Rural Development Bank] may
be adjusted, and
(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.
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
89C. Certificate to purchase, delivery of property and title of purchaser.-
(1) Where a sale of mortgaged property has become absolute under section 89A
1
and the sale-proceeds, have been received in full by the [Agriculture and Rural
1
Development Bank] , the bank shall grant a certificate to the purchaser in the
prescribed form certifying the property sold, the sale-price, the date of its sale, the
name of the person who at the 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 or any part of the property specified
in the certificate is situated, shall enter the contents of such certificate in his register
relating to immovable property.
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
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(2) (a) Where the mortgaged property sold is in the occupancy of the mortgagor,
or of some person on his behalf, or some person claiming under a title created by
1
the mortgagor, subsequent to the mortgage in favour of the [State Agriculture and
1 1 1
Rural Development Bank] or an [Agriculture and Rural Development Bank] and a
certificate in respect thereof has been granted under the foregoing sub-section, the
Deputy Commissioner shall, on the application of the purchaser, order delivery to be
made by putting such purchaser or any person whom he may appoint to receive
delivery on his behalf, in possession of the property.
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
(b) Where the property sold is in the occupancy of a tenant or other person
entitled to occupy the same, and a certificate in respect thereof has been granted
under the foregoing sub-section, the Deputy Commissioner shall, on the application
of the purchaser and after notice to such tenants or other persons, order the
delivery to be made by affixing copy of the certificate of sale in a conspicuous place
on the property and proclaiming to the occupant by beat 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 exercise of a power
1 1
of sale under [section 89] , the title of the purchaser shall not be questioned on the
ground that the circumstances required for authorizing 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:
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
Provided that any person who suffers damage on account of unauthorized,
improper or irregular exercise of such power shall have a remedy in damages
1 1
against the [Agriculture and Rural Development Bank] .
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
89D. Recovery of loans on certificate by Registrar.- (1) Notwithstanding
anything contained in sections 70 and 71, on an application made by an
1 1
[Agriculture and Rural Development Bank] for the recovery of arrears of any sum
advanced by it to any of its members and on its furnishing a statement of accounts
in respect of the arrears, the Registrar 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.
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
(2) A certificate by the Registrar under sub-section (1) shall be final and
conclusive as to the arrears due. The arrears stated to be due therein shall be
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recoverable according to the law for the time being in force for the recovery of
arrears of land revenue.
(3) It shall be lawful to the Deputy Commissioner to take precautionary measures
2 2
authorized by section 188 of the [Karnataka] Land Revenue Act, 1964 or any law
or provision corresponding thereto for the time being in force until the arrears due to
1 1
the [Agriculture and Rural Development Bank] together with interest and any
incidental charges incurred in the recovery of such arrears, are paid or security for
payment of such arrears, is furnished to the satisfaction of the Registrar.
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
2. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.01.11.1973.
(4) It shall be competent for the Registrar or a person authorized by him to direct
conditional attachment of the property of the mortgagor until the arrears due to the
1 1
[Agriculture and Rural Development Bank] together with interest and 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.
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
89E. Deputy Commissioner to make recoveries during a certain period.-
(1) During such period as the State Government may by general or special order
notify in the official Gazette, it shall be competent for the Deputy Commissioner on
1
application being made to him in that behalf by an [Agriculture and Rural
1 1
Development Bank] , to recover all sums due to the [Agriculture and Rural
1
Development Bank] (including the cost of such recovery).
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
1 1
(2) Any amount due to an [Agriculture and Rural Development Bank] shall be
recoverable by the Deputy Commissioner or any officer specially authorised by the
Deputy Commissioner in this behalf, in all or any of the following modes, namely:
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
(a) from the borroweras if they were arrears of land revenue due by him;
(b) out of the land for the benefit of which the loan has been granted
according to the procedure for the realization of land revenue by the sale of
immovable property;
(c) from a surety (if any) as if they were arrears of land revenue due by him;
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(d) out of the property comprised in the collateral security (if any) according to
the procedure for the realization of land revenue by the sale of immovable property.
89F. Officers of banks not to bid at sales.- At any sale of movable or
immovable property, held under the provisions of this Chapter, no officer or
1 1 1
employee of an [Agriculture and Rural Development Bank] or the [State
1
Agriculture and Rural Development Bank] , except on behalf of the bank of which he
is an officer or an employee, and no person having any duty to perform in
connection with such sale, shall either directly or indirectly bid for or acquire or
attempt to acquire any interest in such property.
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
89G. Section 40 of Bombay Act 28 of 1947 not to apply to alienation in
favour of Land Development Banks.- Nothing contained in section 40 of the
Bombay Agricultural Debtors Relief Act, 1947, or any corresponding law for the time
being in force in any part of the State shall apply to any alienation in favour of the
1 1
[Agriculture and Rural Development Bank] .
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
89H. Provision for Guarantee Funds to meet certain losses.- (1) It shall be
competent for the State Government to constitute one or more Guarantee Funds on
such terms and conditions as it may deem fit, for the purpose of meeting losses that
1
might arise as a result of loans being made by the [Agriculture and Rural
1
Development Bank] on titles to immovable property subsequently found to be
defective or for any other purpose under this Chapter, for which in the opinion of the
State Government, it is necessary to provide for or create a separate Guarantee
Fund.
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
1 1 1
(2) The [State Agriculture and Rural Development Bank] and the [Agriculture
1
and Rural Development Bank] shall contribute to such funds at such rate as may
be prescribed, and the constitution, maintenance and utilisation of such Funds shall
be governed by such rules as may be made by the State Government in this
1
behalf.]
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
1 1
90. Powers of [Agriculture and Rural Development Bank] where
mortgaged property is destroyed or security becomes insufficient.- Where
1 1
any property mortgaged to an [Agriculture and Rural Development Bank] is wholly
or partially destroyed or the security is rendered insufficient and the mortgagor,
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1
having been given a reasonable opportunity by the committee of the [Agriculture
1
and Rural Development Bank] , of providing further security enough to render the
whole security sufficient or of repaying such portion of the loan as may be
determined by the committee, has failed to provide such security or to repay such
portion of the loan, the whole of the loan shall be deemed to fall due at once and the
committee shall be entitled to take action against the mortgagor under section 88 or
section 89 for the recovery thereof.
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
91. Power of Board or of Trustee to distrain and sell property, etc.- (1)
1
The Board or the Trustee may direct the committee of an [Agriculture and Rural
1
Development Bank] to take action against a defaulter under section 88, section 89
or section 90 and if the committee neglects or fails to do so, the Board or the
Trustee may take such action.
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
(2) (a) Where such action is taken by the Board, the provisions of this Chapter
and of any rules or regulations made in this behalf shall apply in respect thereto as
1 1
if all references to the [Agriculture and Rural Development Bank] and to its
1
Committee in the said provisions were references to the [State Agriculture and
1
Rural Development Bank] and the Board, respectively.
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
(b) Where such action is taken by the Trustee, the provisions of this Act and
of any rules or regulations made thereunder shall apply in respect thereto as if all
1 1
references to the [Agriculture and Rural Development Bank] or to its committee in
the said provisions were references to the Trustee.
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
(a) the circumstances required for authorizing the sale had not arisen, or
(b) the power of sale was otherwise improperly or irregularly exercised;
but any person who has suffered any damage by an unauthorized, improper or
irregular exercise of any such power shall have a remedy in damages against the
1 1
[Agriculture and Rural Development Bank] .
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
93. Mortgage not to be questioned on insolvency of mortgagor.-
Notwithstanding anything contained in any law relating to insolvency, a mortgage
1 1
executed in favour of an [Agriculture and Rural Development Bank] shall not be
called in question on the ground that it was not executed in good faith for valuable
1
consideration or on the ground that it was executed in order to give the [Agriculture
1
and Rural Development Bank] a preference over the other creditors of the
mortgagor.
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
94. Appointment of receiver and his powers.- (1) The Board may, on the
1 1
application of an [Agriculture and Rural Development Bank] and under
circumstances in which the power of sale conferred by section 89 may be
exercised, appoint in writing a receiver of the produce and income of the mortgaged
property or any part thereof and such receiver shall be entitled either to take
possession of the property or collect its produce and income, as the case may be,
to retain out of any money realised by him, his expenses of management including
his remuneration, if any, as fixed by the Board, and to apply the balance in
accordance with the provisions of sub-section (8) of section 69-A of the Transfer of
Property Act, 1882 (Central Act IV of 1882).
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
(2) A receiver appointed under sub-section (1) may, for sufficient cause and on
application made by the mortgagor, be removed by the Board.
(3) A vacancy in the office of the receiver may be filled up by the Board.
(4) Nothing in this section shall empower the Board to appoint a receiver where
the mortgaged property is already in the possession of a receiver appointed by a
civil court.
95. Mortgagor's powers to lease.- (1) Notwithstanding anything contained in
the Transfer of Property Act, 1882 (Central Act IV of 1882), or any other law for the
time being in force, a mortgagor shall not grant a lease of the mortgaged property
for a period exceeding five years.
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(2) Any lease granted in contravention of the provisions of sub-section (1) shall
be void.
96. Delegation of certain powers by Board.- The Board may, if it thinks fit,
delegate all or any of its powers under sections 89, 91 and 94 to an executive
committee constituted by it and consisting of two or more of its members.
97. Sections 102, 103 and 104 of the Transfer of Property Act, 1882, to
apply to notices under this Chapter.- The provisions of sections 102 and 103 of
the Transfer of Property Act 1882 (Central Act IV of 1882), and of any rules made
by the High Court under section 104 of that Act for carrying out the purposes of the
said sections, shall apply, so far as may be, in respect of all notices to be served
under this Chapter.
1 2 2 3
[98. Power to [Board] of [State Agriculture and Rural Development
3 3 3
Bank] to supervise [Agriculture and Rural Development Bank] and make
2 2 3
regulations.- The [Board] of the [State Agriculture and Rural Development
3 3
Bank] shall have a general power of supervision over [Agriculture and Rural
3
Development Bank] and may, with the previous sanction of the State Government,
by notification in the official Gazette make regulations, not inconsistent with this Act
or the rules made thereunder, for all or any of the following matters, namely:
1. Substituted by Act 40 of 1964 w.e.f. 26.06.1965.
2. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
3. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
1
(a) for the inspection of the account books and proceedings of [Agriculture and
1
Rural Development Bank] ;
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
(b) for the submission of returns and reports by such banks in respect of their
transactions;
1
(c) for the periodical settlement of accounts between such banks and the [State
1
Agriculture and Rural Development Bank] being accounts relating to the payment
1
of the amounts recovered by such banks on mortgages transferred to the [State
1
Agriculture and Rural Development Bank] ;
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
(d) for the form in which applications to such banks for loans shall be made and
for the valuation of properties offered as security for such loans;
(e) for the investment of moneys realised from the mortgagors;
(f) the conditions of service of employees of such banks;
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(g) the programme and policy to be followed by such banks for making loans;
(h) the types and extent of security to be obtained by such banks for advancing
loans;
(i) generally, for the purpose of safeguarding the interest of the parties,
furtherance of activities of such banks, and carrying out the purposes of this
1
Chapter.]
CHAPTER XII
EXECUTION OF AWARDS, DECREES, ORDERS AND DECISIONS.
99. Enforcement of charge.- Notwithstanding anything contained in Chapter
IX, or any other law for the time being in force, but without prejudice to any other
mode of recovery provided in this Act, the Registrar or any person subordinate to
him empowered by the Registrar in this behalf, may, on the application of a co-
operative society, make an order directing the payment of any debt or outstanding
demand due to the society by any member or past or deceased member, by sale of
the property which is subject to a charge under sub-section (1) of section 32:
Provided that no order shall be made under this section, unless the member,
past member or the nominee, heir or legal representative of the deceased member,
has been served with a notice of the application and has failed to pay the debt or
outstanding demand within seven days from the date of such service.
100. Recovery of moneys due to Societies.- (1) Notwithstanding anything
contained in Chapter IX or any other law for the time being in force, on an
application made by an approved society for the recovery of arrears of any sum
advanced by it to any of its members on account of the financing of crops or
seasonal finance and on its furnishing a statement of accounts in respect of the
arrears, the Registrar may, after making an enquiry in such manner as may be
prescribed, grant a certificate for the recovery of the amount stated therein to be
due as arrears:
Provided that if the determination of the amount due from any person to the
society depends upon decisions on complicated questions of fact or law, the
Registrar shall dispose of the case in accordance with the provisions of section 71
as if it were a dispute referred to him for decision under section 70.
(2) A certificate granted by the Registrar under sub-section (1) shall be final and
conclusive. The arrears stated to be due therein shall be recoverable as arrears of
land revenue or according to the procedure provided in section 101:
Provided that any error in such certificate may be rectified by the Registrar suo
motu or on the application of the society or the member affected by the certificate.
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(ii) within twelve years from the date fixed, in the order, decision or award,
and if no such date is fixed, from the date of the order, decision or award, as the
case may be; or
(c) be executed by the Registrar or any other person subordinate to him
empowered by the Registrar in this behalf, by the attachment and sale or sale
without attachment of any property of the person or a co-operative society against
whom the order, decision or award has been obtained or passed.
1
[(2) (a) Notwithstanding anything contained in this Act every question relating to
the execution, discharge or satisfaction of an order, decision or award referred to in
sub-section (1) or relating to the confirmation or setting aside of a sale held in an
execution of such order, decision or award in pursuance of clause (c) of sub-section
(1), or relating to any claim or objection to an attachment of any property made
under section 103 or in execution in pursuance of the said clause (c), shall be
determined, by an order of the Registrar or any other person subordinate to him,
empowered by the Registrar under the said clause (c) (hereinafter in this section
referred to as authorized person) before whom such question arises.
(b) (i) Where any claim is preferred against, or any objection is made to, the
attachment of any property made under section 103 or in execution in pursuance of
clause (c) of sub-section (1), on the ground that the said property is not liable to
such attachment, the Registrar or the authorized person shall proceed to investigate
the claim or objection:
Provided that where the Registrar or the authorized person considers that the
claim or objection was designedly or unnecessarily delayed, he shall make an order
refusing such investigation;
(ii) Where, upon the said investigation, the Registrar or the authorized
person is satisfied that for the reason stated in the claim or objection, such property
was not, at the date of the attachment, in the possession of the person or co-
operative society against whom the order, decision or award has been obtained or
passed (hereinafter in this section referred to as the judgment-debtor) or of some
person in trust for the judgement-debtor or in the occupancy of a tenant or other
person paying rent to the judgement-debtor or that, being in the possession of the
judgement-debtor at the said date, it was so in his possession, not in his own
account or as his own property, but on account of or in trust for some other person,
or partly on his own account and partly on account of some other person, the
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Registrar or the authorized person shall make an order releasing the property,
wholly or to such extent as he thinks fit, from attachment.
(iii) Where the Registrar or the authorized person is satisfied that the
property was, on the said date, in the possession of the judgement-debtor as his
own property and not on account of any other person, or was in the occupancy of a
tenant or other person paying rent to him, the Registrar or the authorized person
shall disallow the claim;
(iv) Where a claim or an objection is preferred, the party against whom an
order is made may within a period of one year from the date of such order, institute
a suit in a civil court to establish the right which he claims to the property in dispute;
but, subject to the result of such suit, if any, the order of the Registrar or the
1
authorized person shall be conclusive.]
1. Inserted by Act 39 of 1975 w.e.f. 01.06.1960.
1
[101A. Transfer of property made after issue of certificate void against co-
operative society.- Any private transfer or delivery of, or encumbrance or charge
on, property made or created after the issue of the certificate of the Registrar or any
person authorized by him in this behalf under section 101 shall be null and void as
against the co-operative society on whose application the said certificate was
issued.
1. Sections 101A & 101B Inserted by Act 40 of 1964 w.e.f. 26.06.1965.
101B. Transfer of property which cannot be sold.- (1) When in any execution
of an order sought to be executed under section 101, any property cannot be sold
for want of buyers, if such property is in the occupancy of the defaulter, or of some
person on his behalf or of some person claiming under a title created by the
defaulter after the issue of the certificate by the Registrar or any person authorized
by him under section 101, the Court, or the Deputy Commissioner or the Registrar,
as the case may be, may, notwithstanding anything contained in any law for the
time being in force, direct that the said property or any portion thereof shall be
transferred in the manner prescribed, to the co-operative society which has applied
for the execution of the said order.
(2) Where property is transferred to the co-operative society under sub-section
(1) or where the property is sold under section 101, the Court, the Deputy
Commissioner or the Registrar, as the case may be, may in accordance with the
rules place the society or the purchaser, as the case may be, in possession of the
property transferred or sold.
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(3) Subject to such rules as may be made in this behalf, and to any rights,
encumbrances, charges or equities lawfully subsisting in favour of any person, such
property or portion thereof shall be held under sub-section (1) by the said society on
such terms and conditions as may be agreed upon between the Court, the Deputy
Commissioner or the Registrar, as the case may be, and the said society.
(4) Subject to the general or special orders of the State Government, the Deputy
Commissioner or the Registrar may delegate to an officer not below the rank of an
Assistant Commissioner or an Assistant Registrar, the powers exercisable by the
1
Deputy Commissioner or the Registrar under this section.]
1 1
[101C. x x x]
1. Inserted by Act 34 of 1985 w.e.f. 27.06.1985 and Omitted by Act 34 of 1991 w.e.f.. 10.12.1991.
102. Registrar or person empowered by him to be a civil court for certain
purposes.- The Registrar or any person empowered by him in this behalf shall be
deemed, when exercising any powers under this Act for the recovery of any amount
by the attachment and sale or by sale without attachment of any property, or when
passing any orders on any application made to him for such recovery or for taking a
step-in-aid of such recovery, to be a civil court for the purposes of Article 182 of the
1 1
First Schedule to the [Limitation Act, 1963)] .
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.01.11.1973.
1 1
103. Attachment of property before award or order.- [(1)] If the Registrar
is satisfied on an application, report, enquiry or otherwise, that any person with
intent to delay or obstruct the enforcement of any order, decision or award that may
be made against him under the provisions of this Act,
1. Renumbered by Act 40 of 1964 w.e.f. 26.06.1965.
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove the whole or any part of his property from the
jurisdiction of the Registrar, the Arbitrator or Liquidator, as the case may
be,
he may, unless adequate security is furnished, direct the attachment of the said
property; and such attachment shall have the same effect as if made by a
competent civil court.
1
[(2) Where the Registrar directs attachment of the property under sub-section
(1), he shall issue a notice calling upon the person whose property is so attached to
furnish security which he thinks adequate within a specified period; and if the
person fails to provide the security so demanded, the Registrar may confirm the
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order and after the decision in the dispute or the completion of the proceedings
referred to in the foregoing sub-section may direct the disposal of the property so
attached towards the claim if awarded.
(3) Attachment made under this section shall not affect the rights, subsisting
prior to the attachment of the property, of persons not parties to the proceedings in
connection with which the attachment is made, or bar any person holding a decree
against the person whose property is so attached from applying for the sale of the
1
property under attachment in execution of such decree.]
1. Sub-sections (2) & (3) inserted by Act 40 of 1964 w.e.f. 26.06.1965.
104. Recovery of sums due to Government.- (1) All sums due from a co-
2 2
operative society or from an [office bearer] or member or past member of a co-
operative society as such to Government including any costs awarded to
Government under any provision of this Act, may, on a certificate issued by the
3 1 1 3
Registrar [or the [Director of Co-operative Audit] ] in this behalf, be recovered in
the same manner as arrears of land revenue.
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
(2) Sums due from a society to Government and recoverable under sub-section
(1) may be recovered, firstly, from the property of the society; secondly, in the case
of a society the liability of the members of which is limited, from the members, past
members or the estates of deceased members, subject to the limit of their liability;
and, thirdly, in the case of other societies, from the members, past members or the
estates of deceased members:
Provided that the liability of past members and the estates of deceased
members shall in all cases be subject to the provisions of section 25.
1
[(3) Notwithstanding anything contained in the preceding sub-sections, the audit
fee due from a co-operative society may also be recovered in such manner as may
1
be prescribed.]
1. Inserted by Act 3 of 1980 w.e.f. 11.08.1977.
2
[104A. Application of this Chapter to Co-operative Societies in other
States.- The provisions of this Chapter and all rules made under this Act relating
to, or in any manner connected with the recovery of the sum, specified in section
103 shall apply with such modifications if any, as may be directed by the State
Government in regard to the recovery of like sums due to co-operative societies
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registered or deemed to be registered under any law for the time being in force in
any State in India notified in this behalf by the State Government in the official
Gazette as if such co-operative societies had been registered in the 1[State of
2
Karnataka]1 under this Act.]
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.01.11.1973.
CHAPTER XIII
APPEALS, REVISION AND REVIEW.
105. Appeals to the Tribunal.- Any person aggrieved by,
(a) any decision of the Registrar made under clause (a) of sub-section (1) of
section 71; or
(b) any decision of the person invested by the State Government with powers in
that behalf under clause (b) of sub-section (1) of section 71; or
(c) any award of an Arbitrator under clause (c) of sub-section (1) of section 71; or
(d) any determination of a Liquidator under clauses (f) of subsection (2) of
section 74; or
(e) any order made under section 103 with a view to preventing any delay or
1
obstruction in [the execution of any order, decision or award that may be
1
made under sections 69 and 71] ; or
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
1 1
[(f) any order passed under section 69;]
1. Inserted by Act 19 of 1976 w.e.f. 20.01.1976.
may, within sixty days from the date of the decision, award or order, as the case
may be, appeal to the Tribunal.
1
[105A. Appeals relating to admission of members to societies.- (1) Any
person who has made an application for admission as a member under sub-section
(3) of section 16 may appeal to the Registrar against any refusal of the co-operative
society to admit him as a member or against any failure on its part within the period
referred to in sub-section (4) of section 16 to admit him as a member or to send a
notice of its refusal to admit.
1. Section 105A inserted by Act 40 of 1964 w.e.f. 26.06.1965.
(2) Every appeal under sub-section (1) shall be made by a petition in writing
within sixty days by the person seeking admission of the communication of refusal,
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or within sixty days on which the admission shall be deemed to have been refused
1 1
under sub-section (4) of section 16 as the case may be. [x x x]
1. Omitted by Act 39 of 1975 w.e.f. 23.09.1975.
(3) The Registrar shall, after causing reasonable notice to be given to the co-
operative society and also to the person seeking admission, and giving them a
reasonable opportunity to make their representations, if any, in writing, by order,
direct either that the person shall be admitted by the co-operative society or that he
need not be admitted by the society, and in the former case the co-operative society
shall give effect to the decision within ten days of the receipt of the order.
(4) Before making an order under sub-section (3) on an appeal against any
refusal of the co-operative society to admit a person as a member, the Registrar
may require the co-operative society to disclose to him the reasons for such refusal
and on the failure or refusal of the co-operative society to disclose such reasons,
the Registrar may presume that the disclosure if made would be unfavourable to the
1
co-operative society. [The Registrar shall dispose of every appeal as expeditiously
as possible.]1
1. Inserted by Act 39 of 1975 w.e.f. 23.09.1975.
(5) All proceedings in appeals under this section or in relation thereto shall be
confidential, and no suit, prosecution or other legal proceedings shall lie in respect
1
of any allegation made in such proceedings, whether orally or otherwise.]
1
106. Appeals to other authorities.- (1) [Subject to the provisions of section
1
108A, an appeal shall lie under this section] against,
1. Substituted by Act 39 of 1975 w.e.f. 23.09.1975.
(a) an order of the Registrar made under sub-section (2) of section 7 refusing to
register a co-operative society;
1
[(b) an order of the Registrar made under sub-section (4) or sub-section (6) of
section 12]1
1. Substituted by Act 13 of 2004 w.e.f. 22.03.2004.
1 1
[(c) an order of the Registrar under section 17]
1. Omitted by Act 40 of 1964 w.e.f. 26.06.1965 and again inserted by Act 13 of 2004 w.e.f.
22.03.2004.
(d) an order of the Registrar under sub-section (2) of section 27;
1 1
[(d-1) an order of the Registrar under section 29C;]
1. Inserted by Act 70 of 1976 w.e.f. 19.07.1976.
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1 1
[Explanation.- x x x]
1. Omitted by Act 40 of 1964 w.e.f. 26.06.1965.
1[(3) Where an appeal is preferred, the appellate authority may, in order to
prevent the ends of justice being defeated, make such interlocutory orders pending
the final decision of appeal as it may deem fit;
(4) In disposing of an appeal under this section the appellate authority, may
after giving the parties an opportunity of making their representations, pass such
1
order thereon as it may deem fit]
1. Inserted by Act 24 of 2001 w.e.f. 05.09.2001.
1
107. Revision by Tribunal.- [Subjects to the provisions of section 108A, the
1
Tribunal may] suo motu or on application of any person aggrieved call for and
examine the record of any 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 and
if in any case it shall appear to the Tribunal that any such decision or order should
be modified, annulled or revised, the Tribunal may pass such order thereon as it
may deem fit.
1. Substituted by Act 39 of 1975 w.e.f. 23.09.1975.
1
108. Powers of revision of State Government.- [Subject to the provisions of
1
section 108A, the State Government] suo motu at any time, and, on application of
any person aggrieved, within a period of six months from the date of any order, may
call for and examine the record of any case or proceedings of any officer
subordinate to it except those subject to appeal or revision by the Tribunal or those
in respect of which an appeal has been made to the State Government under
section 106, and the State Government after such enquiry as it deems fit is satisfied
that the order of the officer is contrary to law and has resulted in a miscarriage of
justice, pass such orders thereon as the State Government deems just:
1. Substituted by Act 39 of 1975 w.e.f. 23.09.1975.
Provided that no order shall be made to the prejudice of any person under this
section unless he has been given a reasonable opportunity of being heard.
1
[108A. No appeal or revision in certain cases.- Notwithstanding anything
contained in this Act, where with the previous sanction in writing or on the
requisition of the Reserve Bank,
(i) a co-operative bank has been ordered to be wound up; or
(ii) a scheme of amalgamation or reorganization of a co-operative bank is given
effect to; or
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(iii) an order for the removal of the committee and the appointment of an
2 2
Administrator [and Special Officer] in respect of a co-operative bank, has
been made,
there shall be no appeal or revision against such order or action and the sanction or
requisition of the Reserve Bank shall not be liable to be called in question in any
1
court of law.]
1. Inserted by Act 39 of 1975 w.e.f. 23.09.1975.
CHAPTER XIV
oFFENCES AND PENALTIES.
109. Offences.- (1) Any person other than a co-operative society carrying on
business under any name or title of which the word Co-operative or its equivalent
in any Indian language, is part, without the sanction of the State Government, shall
1 1
be punishable with a fine which may extend to [two thousand] rupees.
1. Substituted by Act 5 of 1984 w.e.f. 09.01.1984.
1
[(1A) If default is made in giving effect to the order of the Registrar within the
period specified in sub-section (3) of section 105A, the co-operative society and
2 2
every [office bearer] of the society who is in default shall be punishable with fine
which may extend to one thousand rupees or with further fine which may extend to
1
one hundred rupees for every day after the first during which the default continues.]
1. Inserted by Act 40 of 1964 w.e.f. 26.06.1965.
person or body of persons authorized in this behalf under the provisions of this Act,
2
shall be punishable [with imprisonment which may extend to two years but shall not
be less than three months and with fine which may extend to three thousand rupees
2
but shall not be less than five hundred rupees] .
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
1 1
(12) Any [office bearer] or a member of co-operative society who willfully
recommends or sanctions for his own personal use or benefit or for the use or
benefit of a person in whom he has interest, a loan in the name of any other person
shall be punishable with imprisonment for a term which may extend to one year or
with fine which may extend to three thousand rupees or with both.
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
1
[(12A) where any person conducting audit under section 63 or inquiry under
section 64 or inspection under section 65 or section 65B,
(i) willfully omits to mention in his report any defects or irregularity which he
has noticed or might have noticed had he exercised due deligence during
the course of audit, inquiry or inspection; or
(ii) willfully makes false observation in his report;
shall without prejudice to any other action that may be taken against him under any
law for the time being in force be punishable with imprisonment for a term which
may extend to six months or with fine which may extend to three thousand rupees
or with both.
(12B) Where a Chief Executive fails to send periodical extracts of cash book and
certified copies of the proceedings of the General Meetings and Committee
Meetings to the Registrar and the financing bank or credit agency within the time
limits specified under sub-section (6) of section 29G, he shall be punishable with
imprisonment for a term which may extend to six months or with fine which may
1
extend to three thousand rupees or with both.]
1. Sub-sections (12A) & (12B) inserted by Act 25 of 1998 w.e.f. 15.08.1998.
1 1
(13) Any co-operative society or any [office bearer] or employee or paid servant
thereof who fails to give effect to any decision or award under section 71 including
order if any, passed by the appropriate appellate authority, such decision or award
not being a money decree, shall if such failure is by,
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
(a) the Board, be punishable with fine which may extend to five thousand
rupees, and
1 1
(b) an [office bearer] or an employee or a paid servant of such co-operative
society, be punishable with imprisonment for a term which may extend to six
months or with fine which may extend to five thousand rupees or with both.
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
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Provided that nothing contained in this sub-section shall render any such person
liable to any punishment provided in the aforesaid sub-section or in any rules, if he
proves that the offence was committed without his knowledge or that he exercised
all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where an offence
under sub-section (1) or (4) of section 109 or any rule has been committed by a
company and it is proved that the offence has been committed with the consent or
connivance of or is attributable to any neglect on the part of, any director, manager,
secretary or other officer of the company, such director, manager, secretary or other
officer shall also be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation.For the purposes of this section,
(a) company means a body corporate, and includes a firm or other association
of individuals; and
(b) director in relation to a firm means a partner of the firm.
1
[110A. Power to compound offences.- (1) The Registrar may accept from
any person against whom a reasonable suspicion exists that he has committed any
offence punishable under sub-sections (1), (1A), (2), (5), (7), (9), (13) and (14) of
section 109 2[except an offence in respect of contravention of section 63]2 sum of
money not exceeding one thousand rupees by way of composition for the offence
which such person is suspected to have committed.
1. Inserted by Act 25 of 1998 w.e.f. 15.08.1998.
2. Inserted by Act 13 of 2004 w.e.f. 22.03.2004.
1
[(1A) The Director of Co-operative Audit may accept from any person against
whom a reasonable suspicion exists that he has committed an offence in respect of
contravention of section 63 punishable under sub-section (9) of section 109, a sum
of money not exceeding one thousand rupees by way of composition for the offence
which such person is suspected to have committed]1.
1. Inserted by Act 13 of 2004 w.e.f. 22.03.2004.
(2) On the payment of such money to the Registrar 1[or the Director of Co-
operative Audit, as the case may be]1 the suspected person if in custody, shall be
discharged, the property, if any, seized shall be released and no further proceeding
1
shall be taken against such person or property.]
1. Inserted by Act 13 of 2004 w.e.f. 22.03.2004.
111. Cognizance of offences.- (1) No court inferior to that of a Magistrate of
the First Class shall try any offence under this Act.
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CHAPTER XV
MISCELLANEOUS
1 2 2
[ [111-A. x x x]
1. Sections 111A & 111B inserted by Act 19 of 1976 w.e.f. 20.01.1976.
2 2
113. Address of a co-operative society.- [(1)] Every co-operative society
1 1
shall have an [office and address registered] in accordance with the rules to which
all notices and communications may be sent and shall send to the Registrar notice
of any change thereof within thirty days of the change.
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
(2) Except with the permission of the Registrar or any other person deciding a
dispute, as the case may be, no party shall be represented at the hearing of a
dispute by a legal practitioner.
(3) (a) If the Registrar or any other person to whom a dispute is referred is
satisfied that a person, whether he be a member of the co-operative society or not,
has acquired any interest in the property of a person who is a party to a dispute, he
may order that the person who has acquired the interest in the property may join as
a party to the dispute; and any decision that may be passed on the reference by the
Registrar or his nominee or any other person shall be binding on the party so joined,
in the same manner as if he were an original 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 included, the Registrar or any other person
to whom a dispute is referred for decision under section 70 may, at any stage of the
hearing of the dispute, if satisfied that the mistake was bona fide, order any other
person to be substituted or added as a plaintiff or a defendant, upon such terms as
he thinks just.
(c) The Registrar or any other person to whom a dispute is referred for
decision under section 70, may, at any stage of the proceedings, either upon or
without the application of any party and on such terms as may appear to the
Registrar, or any other person deciding a dispute, as the case may be to be just,
order that the name of any party improperly joined whether as plaintiff or defendant,
be struck out, and that the name of any person who ought to have been joined
whether as plaintiff or defendant or whose presence before the Registrar, or any
other person deciding a dispute under section 70, as the case may be, may be
necessary in order to enable the Registrar or such person effectually and
completely to adjudicate upon and settle all the questions involved in the dispute, be
added.
(d) 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 such reliefs, he shall not forward a claim for any relief so
omitted, except with the leave of the Registrar or any other person to whom a
1
dispute is referred for decision under section 70.]
1
118. Bar of jurisdiction of courts.- (1) Save as provided in this Act, no [civil,
1
labour or revenue court or Industrial Tribunal] shall have any jurisdiction in respect
of,
1. Substituted by Act 2 of 2000 w.e.f. 20.06.2000.
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the relief which he claims; and the plaint shall contain a statement that such notice
has been so delivered or left.
126. Acts of co-operative societies not to be invalidated by certain defects.-
No act of a co-operative society or any committee or of any officer shall be deemed
to be invalid by reason only of the existence of any defect in the constitution of the
society or the committee or in the appointment or election of an officer or on the
ground that such officer was disqualified for his appointment.
1 1
[126A. x x x]
1. Inserted by Act 70 of 1976 w.e.f. 19.07.1976 and Omitted by Act 25 of 1998 w.e.f. 15.08.1998.
127. Indemnity.- No suit, prosecution or other legal proceedings shall lie
2
against the Registrar or any person subordinate to him or acting on his authority [or
3 3
the [Director of Co-operative Audit] or any other person subordinate to him acting
2 1
on his authority] [or against the new committee of the co-operative society or the
1
Administrator or the Special Officer appointed under section 30 or section 30A] in
respect of anything in good faith done or purporting to have been done under this
Act.
1. Inserted by Act 70 of 1976 w.e.f. 19.07.1976.
may be specified by him and make such regulations as may be necessary for
carrying out the said purpose. Where such federal society is so authorized by the
Registrar, the affiliated co-operative societies shall not have powers to deal with
such categories of employees except to the extent the regulations may permit.
1. Inserted by Act 39 of 1975 w.e.f. 23.09.1975 and substituted by Act 5 of 1984 w.e.f. 09.01.1984.
(2) The Registrar shall have power to require the affiliated co-operative societies
to make contribution of such sum every year towards expenditure, as the federal
society is likely to incur or has incurred for the purpose. If any co-operative society
fails to pay the said sum to such authority as may be specified by the Registrar and
within the time fixed by him, the Registrar may on the application of the authority,
and after such enquiry as he may consider necessary, make an order requiring the
co-operative society to pay the amount, and every such order shall be enforceable
1
against the co-operative society as if it were an award under section 71.]
1
[128B. Duties of police officer.- It shall be the duty of every police officer to
assist the Registrar or any person subordinate to the Registrar reasonably
demanding his aid for the lawful exercise of any power vesting in the Registrar or
1
such person under this Act or any rule or bye-law made thereunder.]
1. Inserted by Act 25 of 1998 w.e.f. 15.08.1998.
129. Powers to make rules.- (1) The State Government may, for the whole or
any part of the State and for any class of co-operative societies, after previous
publication, by notification in the official Gazette, make rules to carry out the
purpose of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:
(a) the applicant to whom the order refusing the registration of a co-operative
society may be sent by the Registrar;
(b) the procedure and conditions for change in the form and extent of the
liability of a co-operative society;
(c) the matters in respect of which a co-operative society shall or may make
bye-laws;
(d) the procedure to be followed for amendment of bye-laws by a co-
operative society;
(e) the qualifications of individuals who may be admitted as members of co-
operative societies
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(f) the provision for a second or casting vote by the chairman of a meeting of
a co-operative society;
(g) the appointment by a co-operative society of one of its members to
represent and vote on its behalf at a meeting of another co-operative society of
which it is a member;
1 1
[(h) x x x]
1. Omitted by Act 25 of 1998 w.e.f. 15.08.1998.
(i) the procedure for the nomination of a person to whom the share or interest
of a member on his death may be transferred or the value thereof may be paid;
(j) the mode in which the value of a deceased members share shall be
ascertained;
1
[(k) conduct of election of members of the committee and office bearers of
the co-operative society including appointment of returning officers, polling officers
1
and such other officers, and their powers and functions;]
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
(l) the requisitioning of a general meeting of a co-operative society;
1
[(m) remuneration payable to the members of the committee and the
administrator or the Special Officer appointed in place of a committee removed by
1
the Registrar;]
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
1 1
(n) the qualifications [x x x] for membership of committee of a co-operative
2
society [the authority competent to decide questions of disqualification and appeals
2
from such decisions;]
1. Omitted by Act 39 of 1975 w.e.f. 23.09.1975.
(s) the objects of the reserve fund of a co-operative society and mode of its
investment;
(t) the mode of disposal of reserve fund of a co-operative society on its
winding up;
(u) the extent and conditions subject to which a co-operative society may
receive deposits and loans;
(v) the restrictions on transactions by a co-operative society with non-
members;
(w) the restrictions on grant of loans by a co-operative society against its
shares;
(x) the form and standards of fluid resources to be maintained by co-
operative societies accepting deposits and granting cash credits;
(y) the levy of audit fees on co-operative societies;
(z) the procedure to be followed in proceedings before the Registrar,
1 1
Arbitrator or other person deciding disputes [and the fees payable to arbitrators] ;
1. Inserted by Act 40 of 1964 w.e.f. 26.06.1965.
(aa) the conditions subject to which assets of a co-operative society shall vest
in a liquidator and the procedure to be adopted in winding up of a co-operative
society;
1
[(bb) the procedure for recovery of amounts due or payable to a co-operative
1
society and for the transfer of property under section 101-B;]
1. Substituted by Act 40 of 1964 w.e.f. 26.06.1965.
(cc) the mode of making attachment before judgment;
1
[(dd) the procedure and conditions for the issue, redemption, re-issue,
transfer, replacement or conversion of debentures issued by a society to which
Chapter XI is applicable;
1. Substituted by Act 40 of 1964 w.e.f. 26.06.1965.
(dd-1) the maximum amount of principal, the rate of interest and other
conditions for the guarantee of debentures issued by a society to which Chapter XI
is applicable;
(dd-2) the qualifications and methods of appointment of an officer to effect
sale under section 89 and the powers and function which such an officer may
exercise;
(dd-3) for the appointment of a receiver of the produce and income of the
mortgaged property for sale under section 89, the conditions in which he may be
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appointed or removed, the powers and functions which he may exercise and the
expenses of management and remuneration which he may receive;
1
(dd-4) the circumstances in which action may be taken by a [Agriculture and
1
Rural Development Bank] against a mortgagor under section 91;
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
(dd-5) in case of sale of immovable property under Chapter XI,
(i) the procedure for proclamation and conduct of the sale and the
conditions on which the proposed sale may be abandoned;
(ii) the method of calculating the expenses incidental to the sale or
proposed sale;
(iii) the procedure for the receipt of deposit and disposal of the proceeds of
sale;
(iv) the procedure for a resale if a proposed sale is abandoned or the
purchase money is not deposited within the prescribed time and the penalty to be
levied against the purchaser who fails so to deposit the purchase money;
1
(v) the form and method of disposal of money by a [Agriculture and Rural
1
Development Bank] under section 89B;
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
(vi) the form of sale certificate under section 89C;
(vii) the procedure for the delivery by the Court to the purchaser of the
property purchased under section 89C;
(viii) the form of the notice referred to in section 97; and
(ix) the fee payable for the service of such notices and the manner of
serving such notices, on the land lord named in such notices;
(dd-6) the time within which and the procedure according to which property
1 1
purchased by a [Agriculture and Rural Development Bank] at a sale of immovable
1
property under Chapter XI shall be disposed of by the Bank;]
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
(ee) the manner of registering the address of a co-operative society;
1 1
(ff) the [account books and records] and registers to be kept by a co-
operative society and power of Registrar to direct the accounts and books to be
written up;
1. Substituted by Act 25 of 1998 w.e.f. 15.08.1998.
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121, and every rule made under section 129 shall, as soon as may be, after it is
issued or made be laid before each House of the State Legislature while it is in
session for a total period of thirty days which may be comprised in one session or in
two or more sessions and if before the expiry of the said period, either House of the
State Legislature makes any modification in the notification, order or rule or directs
that the notification, order or rule shall not have effect and if the modification or
direction is agreed to by the other House, the notification, order or rule shall
thereafter have effect only in such modified form or be of no effect, as the case may
be.
131. Repeal and savings.- The Bombay Co-operative Societies Act, 1925
1 1
(Bombay Act VII of 1925) as in force in the [Belgaum Area] , the Madras Co-
operative Societies Act, 1932 (Madras Act IV of 1932) and the Madras Co-operative
Land Mortgage Banks Act, 1934 (Madras Act X of 1934) as in force in the
1 1
[Mangalore and Kollegal Area] , the Coorg Co-operative Societies Act, 1936
(Coorg Act II of 1936) as in force in Coorg District, the Mysore Co-operative
Societies Act, 1948 (Mysore Act LII of 1948), as in force in the Mysore Area the
Hyderabad Co-operative Societies Act, 1952 (Hyderabad Act XVI of 1952), and the
Hyderabad Co-operative Land Mortgage Banks Act, 1349 F (Hyderabad Act II of
1 1
1349 Fasli) as in force in the [Gulbarga Area] , are hereby repealed:
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.01.11.1973.
Provided that any co-operative society existing on the date of commencement of
this Act which has been registered or deemed to be registered under any of the
aforesaid repealed enactments shall be deemed to be registered under this Act; and
the bye-laws of such society shall so far as they are not inconsistent with the
provisions of this Act or the rules made thereunder, continue in force until altered or
rescinded in accordance with the provisions of this Act and the rules made
thereunder:
Provided further that subject to the preceding proviso section 6 of the
1 1 1 1
[Karnataka] General Clauses Act, 1899 ( [Karnataka Act] III of 1899) shall be
applicable in respect of the repeal of the said enactments and sections 8 and 24 of
the said Act shall be applicable as if the said enactments had been repealed and re-
1 1
enacted by a [Karnataka Act] .
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.01.11.1973.
132. Power to remove difficulties.- (1) If any difficulty arises in giving effect to
the provisions of this Act in consequence of the transition to the said provisions from
the provisions of the Acts in force immediately before the commencement of this
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Act, the State Government, may, by notification in the official Gazette, make such
provisions as appear to it to be necessary or expedient for removing the difficulty.
(2) If any difficulty arises in giving effect to the provisions of this Act (otherwise
than in relation to the transition from the provisions of the Acts in force before the
commencement of this Act), the State Government may by notification make such
provisions, not inconsistent with the purposes of this Act, as appear to it to be
necessary or expedient for removing the difficulty.
****
NOTIFICATION
I
Bangalore, dated the 25th May, 1960. [No. A & F 21 CAD 59 (II)]
In exercise of powers conferred by sub-section (3) of Section 1 of the Mysore
Co-operative Societies Act, 1959 (Mysore Act 11 of 1959), the Government of
Mysore hereby appoint the 1st day of June 1960, as the date on which the said Act
shall come into force.
By Order and in the name of the Governor of Mysore,
(B. BEERAPPA)
Secretary to Government, Agriculture and Forest
Department.
II
Bangalore, dated 22nd23rd June, 1965.[No. DPC 88 CBA 64.]
S.O. 2640.In exercise of the powers conferred by sub-section (2) of Section 1
of the Mysore Co-operative Societies (Amendment) Act, 1964 (Mysore Act 40 of
1964), the Government of Mysore hereby appoints the Twenty-sixth day of June
1965, as the date on which the said Act shall come into force.
By Order and in the name of the Govenor of Mysore,
(L. S. GAI)
Under Secretary.
III
Bangalore, dated 11th April 1968 [No. DPC 257 CMD 65]
S.O. 526.In exercise of the powers conferred by sub-section (3) of Section 1 of
the Mysore Agricultural Produce Marketing (Regulation) Act, 1966 (Mysore Act 27
of 1966), the Government of Mysore hereby appoints the first day of May 1968, as
the date on which the said Act, shall come into force.
(Published in Karnataka Gazette, Extraordinary, PART IV2C(ii) No. 314, dated
11th April, 1968.)
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IV
Bangalore, dated the 30th December 1967 [No. FD 421 CSL 67.]
S.O. 2511.In exercise of the powers conferred by sub-section (2) of Section 1
of the Mysore Sales Tax (Amendment) Act, 1967 (Act No. 16 of 1967), the,
Government of Mysore hereby appoints the 1st day of January 1968, as the date on
which all the provisions of the said Act shall come into force.
By Order and in the name of the Governor of Mysore,
(N. S. BHARATH)
Deputy Secretary to Government
Finance Department.
V
Bangalore, dated 17th July 1975.[ No. PD 87 PCM 71]
S.O. 2050.In exercise of the powers conferred by sub-section (3) of Section 1
of the Karnataka Agricultural Credit Operations and Miscellaneous Provisions Act,
1974 (Karnataka Act 2 of 1975), the Government of Karnataka hereby appoints the
Seventeenth day of July 1975 as the date on which the said Act shall come into
force in the whole of the State of Karnataka.
By Order and in the name of the Governor of Karnataka,
(DHIRENDRA SINGH)
Deputy Secretary to Government,
Planning Department.
VI
Bangalore, dated the 23rd September 1975 [ No. RDC 322 CEA 75]
S.O. 3077.In exercise of the powers conferred by sub-section (2) of Section 1
of the Karnataka Co-operative Societies (Amendment) Act, 1975 (Karnataka Act
No. 39 of 1975), the Government of Karnataka hereby appoints the twenty-third day
of September 1975 as the date on which the said Act shall come into force.
By Order and in the name of the Governor of Karnataka,
(C. S. HUBLI)
Deputy Secretary to Government,
Rural Development and Co-operation Department.
(Published as S.O. 3077 in Part-IV 23 (ii) of Gazette Extraordinary dated
23.09.75 as No. 3471.)
VII
Bangalore, dated 12th August 1998. [No. CMW 131 CLM 98]
In exercise of the powers conferred by sub-section (2) of Section 1 of the
Karnataka Co-operative Societies (Amendment) Act, 1997 (Karnataka Act 25 of
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1998), the Government of Karnataka hereby appoints the fifteenth day of August
1998 to be the day from which all the provisions of the said Act, except provisions of
Section 6(2)(iv) inserted by Section 5, Section 29G inserted by Section 29, Section
39A (3) inserted by Section 36, Section 69(3) inserted by Section 46 and Section
111A omitted by Section 61 of the said Act, shall come into force.
VIII
Bangalore, dated 27th October 1998. [No. CMW 131 CLM 98]
In exercise of the powers conferred by sub-section (2) of Section 1 of the
Karnataka Co-operative Societies (Amendment) Act, 1997 (Karnataka Act 25 of
1998), the Government of Karnataka hereby appoints the twenty seventh day of
October 1998 to be the day from which the provisions of section 6(2) (iv) inserted by
section 5; section 29G inserted by section 29, section 39A (3) inserted by section
36, section 69 (3) inserted by section 46 and section 111A omitted by section 61 of
the said Act, shall come into force.
By Order and in the name of the Governor of Karnataka,
(M.R. RANGANATH)
Officer on Special Duty,
Co-operation Department.
IX
Bangalore, dated 20th June 2000. [No. CMW 60 CLM 99]
In exercise of the powers conferred by sub-section (2) of Section 1 of the
Karnataka Co-operative Societies (Second Amendment) Act, 1997 (Karnataka Act 2
of 2000), the Government of Karnataka hereby appoints the twentieth day of June
2000 to be the day from which all the provisions of the said Act, except the
provisions of section 26A and section 26B inserted by section 2 of the said Act shall
come into force.
By Order and in the name of the Governor of Karnataka,
(LIZZIE PHILIPS)
Officer on Special Duty,
Co-operation Department.
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X
Bangalore dated 2nd June, 2003 [No. CMW 90 CLM 2003]
In exercise of the powers conferred by sub-section (2) of section1 of the
Karnataka Co-operative Societies (Second Amendment) Act, 1997 (Karnataka Act
No.2 of 2000), the Government of Karnataka hereby appoints the 31st of May, 2003
to be the date from which the provisions of Section 26A and Section 26B inserted
by Section 2 of the said Act shall come into force.
By Order and in the name of the Governor of Karnataka,
R.S. Huchachary
Officer on Special Duty,
Co-operation Department.
XI
Bangalore dated 5th September, 2001 [No. CMW 48 CLM 2001]
(Published in Karnataka Gazette Part-IV-A Extraordinary No.1648 dated:
07.09.2001)
In exercise of the powers conferred by sub-section (2) of Section 1 of the
Karnataka Co-operative Societies (Second Amendment) Act, 2000 (Karnataka Act
24 of 2001), the Government of Karnataka hereby appoints the fifth day of
September 2001 to be the day from which all the provisions of the said Act, shall
come into force.
By Order and in the name of the Governor of Karnataka,
(LIZZIE PHILIPS)
Officer on Special Duty,
Co-operation Department.
XII
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172
ARRANGEMENT OF SECTIONS
Sections:
1. Short title and commencement
2. Amendment of section 2
3. Amendment of section 2AA
4. Omissionof section 2B
5. Amendment of section 12
6. Amendment of section 18
7. Insertionof new section 18A
8. Amendment of section 20
9. Amendment of section 27
10. Amendment of section 28A
11. Amendment of section 29
12. Amendment of section 29C
13. Amendment of section 29G
14. Amendment of section 30
15. Amendment of section 31
16. Amendment of section 39A
17. Amendment of section 63
18. Amendment of section 64
19. Amendment of section 69
20. Amendment of section 106
21. Insertion of new section 121
22. Amendment of section 124
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173
174
(12) To reduce the term of office of the office bearers from the
existing two and half years to one year.
175
176
177
178
179
180
181
182
183
184
136
137
138
139
M.R.HEGDE
Secretary to Government
Department of Parliamentary Affairs and Legislation
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The Government of India (GOI) also appointed a task force on 05.08.2004 under the
Chairmanship of Prof. A.Vaidyanathan to suggest measures for revival of short-term
cooperative credit structure in the country. The said task force travelled extensively
throughout the country and interacted with cooperative societies and cooperators and
made a critical study of the short-term cooperative credit structure in the Country and
submitted its report to GOI on 04.02.2005. Thereafter the GOI held discussions with the
representatives of the State Governments and formulated a revival package for
revitalisation of short-term credit cooperative structure on the basis of the
recommendations of Prof.A.Vaidyanathan and taking into account the views of the State
Governments and communicated the revival package to the States in January 2006.
The Government of Karnataka has accepted the revival package and signed tripartite
Memorandum of Understanding(MoU) with GoI & NABARD on 25.03.2008. The said MoU
envisages certain amendments to be brought to the Karnataka Cooperative Societies Act
1959 giving more powers to the cooperative societies and at the same time vesting certain
powers with RBI / NABARD. It is a pre-condition under the MoU that the Karnataka
Cooperative Societies Act 1959 be amended accordingly before release of the financial
assistance by GoI through NABARD under the package.
In the light of the recommendations of Sri B.S. Viswanathan Committee Report and
the MoU signed with GoI on 25.03.2008 and administrative requirements, it is considered
necessary to amend the Karnataka Cooperative Societies Act 1959 as follows.
2) Section 12.- It is proposed to amend Section 12 by inserting the words 'or to give
effect to the provisions of the Act or Rules made thereunder' after the words 'interest
of such society' to have a clear understanding.
4) Section 20.- It is proposed to amend Section 20 clarifying the word 'affairs' to mean
'the general meeting and the election of the members of the committee' and to give a
notice of forty five days to the defaulters instead of thirty days.
7) Section 28B.- It is proposed to amend Section 28B stipulating that the period of the
administrator shall not exceed three months in respect of a society in cooperative
credit structure.
9) Section 29A.- It is proposed to amend Section 29A by omitting the word 'elected' so
as to have a clear understanding regarding the term of office of the members of the
committee.
10) Section 29C.- It is proposed to amend Section 29C that the disqualification
mentioned in caluse (e) shall not be applicable to the chief executive.
11) Section 29F.- It is proposed to amend Section 29F to stipulate that the chief
executive shall not have the right to vote at a meeting convened for the purpose of
electing office-bearers.
12) Section 29G.- It is proposed to amend Section 29G to enable the co-operative credit
structure to appoint their own chief executives in the light of the revival package and
stipulating that the chief executive shall be a member of the committee.
13) Section 30.- It is proposed to amend Section 30 in the light of the revival package.
14) Section 31.- It is proposed to amend Section 31 by omitting the words 'or for any
other reason' so as to limit the power to appoint the special officer to a situation of
want of quorum only and to stipulate that the period of special officer shall not
exceed three months in respect of a society in cooperative credit structure.
15) Section 39A.- It is proposed to amend Section 39A by stipulating multi-level holding
of elections to different cooperative societies and that the State Government should
not postpone the elections of a society in co-operative credit structure for a period
exceeding three months.
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16) Section 54.- It is proposed to omit the Section 54 in keeping with the MoU.
17) Section 56.- It is proposed to amend Section 56 to state the mode of moblisation of
funds of a co-operative society and to provide that TA, DA & Other allowances
payable to the members of the committee be specified in the bye-laws subject to the
maximum rate specified by the Registrar.
18) Section 58.- It is proposed to amend Section 58 to lay down that a Co-operative
Bank may invest its funds in Scheduled bank or financial institution regulated by
the Reserve Bank as per the directives of the Reserve Bank of India.
19) Section 59.- It is proposed to amend Section 59 to provide for the limit of deposits
and loans that a cooperative society can raise to be specified in the bye-laws.
20) Section 60.- It is proposed to amend Section 60 to enable a cooperative society to
make loans to another cooperative society without the sanction of the Registrar.
21) Section 63.- It is proposed to amend Section 63 making it obligatory on the part of
every society to get its accounts audited every year and elaborate the scope of audit.
22) Section 64.- It is proposed to amend Section 64 to enable a copy of the inquiry
report to the cooperative society and the society shall report the action taken
thereon within three months to the Registrar.
23) Section 65.- It is proposed to amend Section 65 to enable a copy of the inspection
report to the cooperative society and the society shall report the action taken
thereon within three months to the Registrar.
24) Section 69.- It is proposed to amend Section 69 stipulating that the application
shall be decided within a period of twelve months which may be extended upto
eighteen months.
25) Section 70.- It is proposed to amend Section 70 substituting the words 'or any
other office bearer' for the words 'secretary, treasurer' as the latter are paid
employees.
26) Section 70A.- It is proposed to amend Section 70A stipulating that a dispute
relating to the disciplinary action against or service conditions of an employee shall
be filed within a period of twelve months from the date of cause of action.
27) Section 71.- It is proposed to amend Section 71 stipulating that the dispute shall
be decided within a period of twelve months which may be extended upto eighteen
months.
28) Section 76.- It is proposed to amend Section 76 by omitting clauses (b) & (c) as they
have been inserted in Section 2.
30) Section 100.- It is proposed to dispense with the approval of the Registrar in the
light of the revival package.
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31) Section 105.- It is proposed to amend section 105 stipulating that 25% of the
amount due shall be deposited before filing an appeal.
32) Section 106.- It is proposed to amend section 106 by providing appeals against the
orders passed under section 28A(5), 99, 105A and 111 and lay down the appellate
authorities specifically. It is also proposed to stipulate that 25% of the amount due
shall be deposited before filing an appeal and that the appeal shall be decided within
a period of twelve months which may be extended upto eighteen months.
33) Section 111.- It is proposed to amend section 111 to provide for the sanction of the
Registrar for launching a criminal case in respect of all matters concerning a co-
operative credit structure society in keeping with MoU. It is also proposed to provide
that no sanction of the Registrar or the Director of Cooperative Audit is necessary for
filing criminal complaints against the concerned for misappropriation.
34) Section 128A.- It is proposed to retain Section 128A for a period of six months in
order to comply with directions of the Hon'ble High Court in certain cases and give
postings to employees who are on weighting and to settle such other service
conditions of the employees of primary cooperative agricultural and rural
development banks.
As the matter was urgent and both the Houses of the Karnataka Legislature
were not in Session, the Karnataka Cooperative Societies (Amendment)
Ordinance,2009 (Karnataka Ordinance No. 8 of 2009) was promulgated on
30.10.2009.
This Bill seeks to replace the said Ordinance.
[L.C.Bill No. 1 of 2010, File No.DPAL 50 Shasana 2009]
[Entry 32 of List II of the Seventh Schedule to the Constitution of India.]
(First Published in the Karnataka Gazette Extra-ordinary on the Thirtieth day of March, 2010)
(Received the assent of the Governor on the Twenty ninth day of March, 2010)
Whereas it is expedient to amend the Karnataka Co-operative Societies Act, 1959 (Karnataka
Act 11 of 1959) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty first year of the republic of India
as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Co-operative
Societies (Amendment) Act, 2010.
(2) Sections 2, 3, 4, 6, 8, 9, 12, 13, 14, 15, 16, 17, 18, 19, 21, 28, 29, 30 excluding section
98D sought to be inserted therein 33, 34 and 35 shall be deemed to have come into force with effect
from the third day of November, 2009. Sections 1, 5, 7, 10, 11, 20, 22, 23, 24, 25, 26, 27, 31, 32
and 37 shall come into force at once. Section 98D sought to be inserted by section 30 shall come
into force on such date as the State Government may by notification in the Official Gazette,
appoint.
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2. Amendment of section 2.- In the Karnataka Co-operative Societies Act, 1959 (Karnataka
Act 11 of 1959) (hereinafter referred to as the Principal Act), in section 2,-
(i) in clause (a-1), for the word, 'Government', the words, 'Government or State' shall be
substituted.
"(a-1-1) 'Agriculture and Rural Development Bank means a Co-operative Agriculture and
Rural Development Bank registered or deemed to be registered under this Act and admitted as a
member of the State Agriculture and Rural Development Bank and includes such class or classes of
co-operative societies as may be notified by the Registrar and admitted as members of the State
Agriculture and Rural Development Bank."
(a-2-1) 'Backward Class' means the Backward Classes as notified under clause (a) of
section 2 of the Karnataka State Commission for Backward Classes Act, 1995(Karnataka Act No.28
of 1995);
"(b-2) 'Co-operative Credit Structure' means and includes Primary Agricultural Credit Co-
operative Societies by whatever name called, Central Co-operative Banks, State Co-operative Bank,
Agricultural and Rural Development Banks and State Agricultural and Rural Development Bank.
(b-3) 'Central Co-operative Bank' means a federal society engaged in the business of
banking.
"(f-1) 'Multipurpose Cooperative Society' means a primary society the object of which is to
provide various services including services related to credit, business, industry and consumer
durables to its members.
"(f-2) 'National Bank' means the National Bank for Agriculture and Rural Development
established under section 3 of the National Bank for Agriculture and rural Development Act, 1981
(Central Act No. 61 of 1981)."
"(j-4) State Agriculture and Rural Development Bank means the Karnataka State Co-
operative Agriculture and Rural Development Bank, Limited."
(j-5) 'State Cooperative Bank' means an apex society doing the business of banking."
3. Amendment of section 12.- In section 12 of the Principal Act, in sub-section(5), for the
words 'interest of such society', the words 'interest of such society or to give effect to the provisions
of the Act or rules made thereunder' shall be substituted.
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"(a) an individual who needs the services of such co-operative society and is competent to
enter into contract under the Contract Act, 1872(Central Act IX of 1872)"
(ii) after clause (a) as so substituted, the following shall be inserted, namely:-
"(a-1) a depositor"
(i) in sub-section (1) for the word affairs, the words general meeting or in the election
of the members of the committee shall be substituted; and
(a) for the words a meeting, the words a general meeting or an election of the
members of the committee shall be substituted.
(b) in the explanation, for the words 'such meeting', the words 'the general
meeting or the date of election of the members of the committee' shall be
substituted.
(c) in the explanation, for the words, 'not less than fifteen days', the words, 'not
less than thirty days' shall be substituted.
(i) in sub-section (1), the words at a general meeting or an election of the members of the
committee of a cooperative society shall be inserted at the end; and
(ii) in sub-section(2), in clause (a), the following proviso shall be inserted at the end namely.-
"Provided that where a new committee has been elected to a cooperative society, such newly
elected committee shall send a delegate or nominee to any other cooperative society where it is a
member".
(a) after the words "a firm", wherever they occur, the words "or a self-help group" shall
be inserted; and
(b) for the word 'affairs', the words general meeting or the election of the members of
the committee shall be substituted.
7. Amendment of section 28A.- In section 28A of the Principal Act in sub-section(5), for the
words, 'term of office of the committee', the words 'term of office of the committee or if the elections
are not held within the time limits specified in Section 39A,' shall be substituted.
8. Amendment of section 28B.- In section 28B of the Principal Act, in sub-section(3), the
following proviso shall be inserted; namely:-
"Provided that the Administrator so appointed shall not continue for a period beyond three
months in respect of a society in cooperative credit structure."
9. Amendment of section 29.- In section 29 of the Principal Act, after sub-section(4), the
following shall be inserted; namely
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"(5) The nominated member under sub-section (1) shall perform the following duties,
namely:-
(c) to register his vote of dissent in all matters in which, according to the best judgement,
the resolutions sought to be carried in the committee meetings are not in the interests
of the society or of the co-operative movement or are likely to be pre-judicial to the
interests of the society or of the co-operative movement;
(d) to register his vote of dissent when the meeting of the committee seeks to pass a
resolution contravening any express order of the State Government or of the Registrar
or any provisions of the Act or the rules or the bye-laws of the society; and
(e) to keep the Registrar and the Government appraised of such resolution under clause (c)
or clause (d) if adopted by majority of votes;
10. Amendment of section 29A.- In section 29A of the Principal Act, in sub-section(1), for
the words 'the term of office of the elected members of the committee', the words 'the term of office of
the members of the committee' shall be substituted.
11. Amendment of section 29C.- In section 29C of the Principal Act, in sub-section (1), in
clause (e), after the word employee, the words other than the chief executive shall be inserted.
12. Amendment of Section 29F:- In section 29F of the Principal Act, in sub-section (4), the
following shall be inserted, at the end, namely,-
"The chief executive shall not have a right to vote at such a meeting."
(i) the words, figures and letter "subject to the provisions of section 128 A" shall be
omitted.
(ii) in the proviso, in item (i), for the words "assisted society", the words "assisted society
other than a society in co-operative credit structure" shall be substituted.
(iii) after the first proviso, the following shall be inserted, namely:-
"Provided further that a society in co-operative credit structure shall have the option of
getting the chief executive appointed by requesting the Government or the Registrar, as the case
may be."
(3) in sub-section (4-A), the words or to vote at the end shall be omitted;
(4) after sub section (4-A), the following shall be inserted, namely.-
(4-B): Notwithstanding anything contained in this Act or the Rules or the byelaws of a
cooperative society, the Chief Executive shall be a member of the committee of the
cooperative society
14. Amendment of section 30.- In section 30 of the Principal Act, for sub-section (1), the
following shall be substituted, namely.-
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(a) persistently makes default or is negligent in the performance of the duties imposed on
it by this Act or the rules or the bye-laws; or
(b) commits any act which is prejudicial to the interests of the society or its members; or
(d) has serious financial irregularities or frauds which have been detected; or
(e) fails to get its accounts audited for three consecutive years; or
(h) is not functioning in accordance with the provisions of this Act, the rules or bye-laws or
any order or direction issued by the State Government or the Registrar including the
direction issued under Section 30-B,
the Registrar may, after giving the committee an opportunity to state its objections, if any, by order
in writing, remove the said committee and appoint an administrator to manage the affairs of the
society for such period, not exceeding six months, as may be specified by the Registrar. The
Registrar may, and for the reasons to be recorded in writing extend the period of such appointment
for a further period of six months at a time, and in any case such extension shall not exceed one
year in the aggregate:
Provided that the supersession of the committee of a Co-operative Bank shall be done only
after consultation with the Reserve Bank of India."
15. Amendment of section 31.- In section 31 of the Principal Act, in sub - section (1),
(a) the words 'or for any other reason' shall be omitted.
"Provided that the Special Officer so appointed shall not continue for a period beyond three
months in respect of a society in cooperative credit structure."
"(2) Every general election of the members of the committee shall be held
(a) in respect of primary societies within twenty days before the date of expiry of the
term of office of the Committee
(b) in respect of secondary societies within tendays before the date of expiry of the term
of office of the Committee.
(c) in respect of federal societies, within fifteen days after the date of expiry of the term
of office of the Committee
(d) in respect of apex societies, within thirty days after the date of expiry of the term of
office of the Committee
(2A).-The date of such general election shall be fixed by the Committee or in the absence of
the committee by the Administrator or Special Officer."
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"Provided that the State Government shall not postpone the elections of a society in a co-
operative credit structure for a period beyond three months."
17. Omission of section 54.- section 54 of the Principal Act shall be omitted.
18. Substitution of section 56.- For section 56 of the Principal Act, the following shall be
substituted, namely:-
"56 Mobilisation of Funds.- (1) A co-operative society may mobilise funds in the form of share
capital, deposits, debentures, loans and other contributions from,-
(iii) any other person, institutions and organisations to such extent and subject to such
conditions as may be specified in the bye-laws of the co-operative society.
(2) No part of the funds, other than the net profits of a co-operative society, shall be paid by
way of bonus or dividend or otherwise distributed among its members:
Provided that a member may be paid such remuneration, allowances or honoraria at such
rate as may be specified in the bye-laws for any services rendered by him to such co-operative
society.
Provided further that no member other than a member of a society in co-operative credit
structure shall be paid travelling allowance, daily allowance or such other allowances or fees for
attending meetings of the committees or for performing any other functions as a member at a rate
higher than the maximum rate specified by the Registrar for the purpose and different rates may be
specified for different classes of co-operative societies or for different purposes."
19. Amendment of section 58.- In section 58 of the Principal Act, for clause(e) and the
proviso, the following shall be substituted, namely:-
"(e) with any scheduled bank or financial institution regulated by the Reserve
Bank of its choice and approved by the Registrar".
Provided that no such approval shall be necessary in respect of a society in cooperative credit
structure and a cooperative bank.
Provided further that in the case of a Co-operative Bank, such investment shall be made in
accordance with the instructions and directives issued by the Reserve Bank from time to time."
20. Amendment of section 59.- In section 59 of the Principal Act, in sub-section (1), the
words "as may be prescribed or" shall be omitted.
21. Amendment of section 60.- In section 60 of the Principal Act, in sub-section(1), in the
proviso thereunder, the words and the coma "with the general or special sanction of the Registrar,"
shall be omitted.
22. Amendment of section 63.- In section 63 of the Principal Act,-
"(1) Every co-operative society shall get its accounts audited atleast once in each year by
the Director of Co-operative Audit or by a person authorised by him by general or special
order in writing in this behalf."
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(ii) in sub-section (2), for the words and figure, "sub-section(1)", the words and figures, "sub-
section(1) or section 98U or section 98V" shall be substituted.
(iii) in sub-section (3), the words "or the authorised person," shall be omitted.
(iv) in sub-section (4), the words "or the person authorised", shall be omitted.
(v) in sub-section (6), for the words "or any officer", the words "or any person" shall be
substituted.
(12) Without prejudice to provisions of sub-section (3), the auditor shall inquire,-
(a) whether loans and advances made by the cooperative society on the basis of
security have been properly secured and whether terms on which they have been
made are not prejudicial to the interests of the cooperative society or its members;
(b) whether transactions of the cooperative society which are represented merely by
book entries are not prejudicial to the interests of the cooperative society;
(d) where it is stated in the books and papers of the cooperative society that any
shares have been allotted for cash, whether cash has actually been received in
respect of such allotment, and if no cash has actually been so received, whether
the position as stated in the account books and the balance-sheet is correct,
regular and not misleading; and
(e) whether any special issue or subject matter referred to for enquiry by the Reserve
bank or the National Bank has been duly enquired into and report thereof is
submitted to the Reserve Bank or the National Bank as the case may be.
(13) The auditor shall make a report to the members of the co-operative society on the
accounts examined by him and on every balance sheet and profit and loss account and on every
other document required to be part of or annexed to the balance sheet or profit and loss account,
which are placed before the cooperative society in general meeting during his tenure of office, and
the report shall state whether, in his opinion and to the best of his information and according to the
explanations given to him, the said accounts give the information required by this Act in the manner
so required and give a true and fair view,-
(a) in the case of the balance sheet, of the state of the cooperative societys affairs as at
the end of the year; and
(b) in the case of the profit and loss account, of the profit or loss for the year.
(a) whether he has obtained all the information and explanations which to the best of his
knowledge and belief were necessary for the purpose of his audit;
(b) whether in his opinion, proper books of accounts have been kept by the cooperative
society so far as appears from his examination of those books, and proper returns
adequate for the purpose of his audit have been received from branches or offices of the
cooperative society not visited by him;
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(c) whether the report on the accounts of any branch office audited by a person other than
the cooperative societys auditor has been forwarded to him and how he has dealt with
the same in preparing the auditors report; and
(d) whether the cooperative societys balance sheet and profit and loss account dealt with
by the report are in agreement with the books of account and returns.
(15) Where any of the matters referred to in clauses (a) and (b) of sub-section(13) or in
clauses (a), (b), (c) and (d) of sub-section (14) is answered in the negative or with a qualifying
observation, the auditors report shall state the reason for the answer.
(i) in sub-section (4), for the word "communicate", the words "send a copy of the inquiry
report and communicate" shall be substituted.
(ii) after sub-section(4), the following shall be inserted, namely.-
"(5) If the result of the inquiry held under sub-section (1) discloses any defects in the
working of the society, the society shall within three months from the date of the receipt of
the inquiry report and communication of the result of the inquiry explain to the Registrar
the defects or the irregularities pointed out in the inquiry and take steps to rectify the
defects and remedy the irregularities and report to the Registrar the action taken by it
thereon. The Registrar may also make an order directing the society or its office bearers to
take such action, as may be specified in the order to remedy the defects within the time
specified therein."
24. Amendment of section 65: In section 65 of the Principal Act,
(i) in sub-section (2), for the word "communicate", the words "send a copy of the inspection
report and communicate" shall be substituted.
25. Amendment of section 69: In section 69 of the Principal Act, after sub-section(3), the
following shall be inserted, namely.-
"(4) The application under sub-section(1) shall be decided within a period of twelve months
excluding the period of stay granted by the Court if any. However, the Registrar may for
reasons to be recorded in writing extend the said period not exceeding eighteen months."
26. Amendment of section 70.- In section 70 of the Principal Act, in sub-section(2), in
clause (c), for the words "Secretary, Treasurer", the words "or any other office-bearer" shall be
substituted.
(i) in sub-section(1), in the proviso, for the words "Managing Director, Honorary Secretary
or Other Officer of the committee", the words "or other Office-bearer" shall be
substituted.
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(ii) after sub-section(2), the following proviso shall be inserted at the end, namely:-
28. Amendment of section 71.- In section 71 of the Principal Act, after sub-section (4), the
following shall be inserted, namely.-
"(5) The dispute under sub-section(1) shall be decided within a period of twelve months
excluding the period of stay granted by the Court if any. However, the Registrar may for
reasons to be recorded in writing extend the said period not exceeding eighteen months."
29. Amendment of section 76.- In section 76 of the Principal Act, clauses(b) and clause(c)
shall be omitted.
30. Insertion of Chapter XI-A.- After chapter XI of the Principal Act, the following chapter
shall be inserted, namely:-
"Chapter XI-A
98A. Application of this Chapter.- This chapter shall apply only to co-operative societies in
co-operative credit structure.
98C. Approval of bye-laws.- (1) The bye-laws or any amendment to the bye-laws of a co-
operative credit structure society shall be registered by the Registrar within thirty days from the
date of receipt of the application.
(2) If the Registrar is satisfied that the proposed bye-laws or the amendments to the bye-laws
are contrary to the provisions of the Act and the rules made thereunder, he shall reject the same
after recording reasons thereon within thirty days from the date of receipt of the application.
98D. Ensuring membership to Depositors.- (1) Every person or group holding a minimum
deposit of rupees five thousand for a continuous period of one year in a primary agricultural credit
co-operative society shall become a member of the society by subscribing the minimum share capital
specified in the bye-laws and shall have full membership with voting rights:
Provided that a person having deposit of less than rupees five thousand for a period of less
than one year shall remain a nominal member.
(2) A borrower group shall become a member of a primary agricultural credit cooperative
society under sub-section (1) of section 16 by subscribing the prescribed share capital specified in
the bye-laws and shall have full voting rights.
(3) Every depositor group or borrower group admitted as a member under sub-section (1) of
section 16 shall be entitled to vote through one delegate nominated by the group.
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Provided that in the case of the State Co-operative Bank & a Central Co-
operative bank, the interest rates shall be in conformity with the guidelines
issued by the Reserve Bank;
(ii) the borrowing, investment, depositing its surplus funds, loaning policies (including
individual loans) and other business policies;
(iii) the personnel policies including issues relating to recruitment, promotion, staffing,
training, posting and compensation to staff as per business requirements of the society;
(iv) the internal checks and control systems, appointment of auditors, compensation for the
audit and other internal administrative issues; and
(v) the borrowing from any financial institution regulated by the Reserve Bank of India,
keeping in mind the interest of the society and its members."
Provided that the State Government may further reduce its contribution or such society shall
have option to further repay the subscription of the State Government and if the society intends to
repay the subscription of the State Government, it shall not be prevented from doing so by the State
Government.
98G. Restriction on number of Government Nominees.- (1) Where the Government has
subscribed to share capital, there shall be only one nominee of the State Government in the
Committee of the State Cooperative Bank or a Central Cooperative Bank or the State Agriculture
and Rural Development Bank or a Agriculture and Rural Development Bank.
(2) There shall be no nominee of the State Government in the Committee of a primary
agricultural credit cooperative society irrespective of whether the State Government has subscribed
to the share capital of such society or not.
98H. Freedom for affiliation or disaffiliation with a federal society.- (1) A Co-operative
Credit Structure society registered under Karnataka Co-operative Societies Act, 1959 shall be
eligible to become a member of a Federal cooperative or a Secondary co-operative registered under
the provisions of Karnataka Souharda Sahakari Act, 1997.
(2) A co-operative registered under Karnataka Souharda Sahakari Act, 1997 may become the
member of a Federal society or a Secondary society registered under the Karnataka Cooperative
Societies Act 1959.
(3) A co-operative society under the Co-operative Credit Structure shall be at liberty to
affiliate or disaffiliate with any Federal society or a Secondary society of its choice keeping in view
the financial position of the Federal society or the Secondary society.
Provided that a resolution approving such affiliation or disaffiliation with a Federal society or
a Secondary society shall be passed in the annual general meeting held for the purpose with three
fourths majority of the total members.
Provided further that before dis-affiliation, the society shall discharge its financial liability, if
any, to the society from whom it is dis-affiliating.
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98J. Freedom of investment and deposit.- A co-operative Society under the Co-operative
Credit Structure may, subject to the guidelines of the Reserve Bank, if any, invest or deposit its
funds in any Bank or financial institution regulated by the Reserve Bank and not necessarily in the
federal society to which it is affiliated.
98M. Contribution to any fund.- The Registrar shall have no powers to direct any co-
operative society in Co-operative Credit Structure to contribute to any funds other than those
required for improving its net worth or own funds.
(i) is a person who represents a society other than a primary agricultural credit cooperative
society or a Agriculture and Rural Development Bank on the Committee of a Central Co-operative
Bank or the State Co-operative Bank or the State Agriculture and Rural Development Bank, if such
society which he represents has committed a default towards the payments of such Bank on
intimation of such defaults by the Chief Executive of the bank concerned;
(ii) is a person who is a defaulter to discharge the liabilities to a primary agricultural credit
cooperative society or a Agriculture and Rural Development Bank or represents a primary
agricultural credit cooperative society or a Agriculture and Rural Development Bank on the
committee of a Central Co-operative Bank or the State Cooperative Bank or the State Agriculture
and Rural Development Bank, if such society which he represents has committed a default towards
the payments of such Bank on intimation of such defaults by the Chief Executive of the bank
concerned;
(iii) is a person,-
(c) who is in default to the society or any other co-operative society in respect of any
loan taken by him or has any dues of the society on the date of filing of nomination,
or
(d) who has directly or indirectly, any interest in any subsisting contract made with the
society or in any property sold or purchased by the society or in any other
transaction of the society, except in any investment made in, or any loan taken
from the society, or
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(e) against whom any proceeding for surcharge under section 69 relating to any
cooperative society is pending, or
(f) against whom a criminal proceeding relating to any transaction of a any co-
operative society is pending in which cognizance has been taken.
98O. Applicability of Section 20 and Section 29C to the election of a new committee.-
The provisions of section 20 and section 29C shall be applicable for election of a new committee of a
society in co-operative credit structure.
98P. Supersession of the Co-operative Credit Structure.- (1) The supersession of the
committee of the State Co-operative Bank or a central co-operative bank shall be done by the
Registrar only after prior consultation with the Reserve Bank.
(2) The supersession of the committee of a Primary Agricultural Credit Co-operative Society
shall be done by the Registrar only on the following grounds, namely: -
(e) if there is a failure in getting the audit of accounts conducted for three consecutive years
as per the Act, or
(f) if there is willful disobedience or failure to comply with any lawful direction / guidelines
issued by the Registrar.
98Q. Elections.- (1) The election to the committee of a co-operative society under the Co-
operative Credit Structure shall be conducted before the expiry of the term of the existing Committee
and in case of supersession of the committee of such co-operative society, the election shall be
conducted within two months from the date of supersession:
Provided that in circumstances beyond control, the State Government may allow holding of
such elections within a period not exceeding six months from the date of supersession.
(2) A member of the committee of a Primary Agriculture Credit Cooperative Society which has
been superseded under this Act shall not be eligible to be re-elected, re-appointed, re-nominated or
re-co-opted as a member of the committee for a period of four consecutive years from the date of
supersession.
98R. The Prudential norms.- The prudential norms including Capital to Risk Weighted
Assets Ratio shall be prescribed by the Registrar for all the Primary Agricultural Credit Cooperative
Societies in consultation with the National Bank.
98S. Removal of Directors and Chief Executive Officers.- (1) The members of the
committee or chief executive officers of the State Co-operative Bank and Central Co-operative Banks
shall fulfill the criteria stipulated by the Reserve Bank for the time being in force.
(2) A member of the committee of the State Cooperative Bank or a Central Co- operative
Bank or a person holding the post of chief executive officer who does not fulfill the criteria
stipulated by the Reserve Bank shall be treated as ineligible for such post and if such person is
holding the post, he shall be removed by the Registrar or the appointing authority, as the case
may be, within two months of being so advised by the Reserve Bank or the National Bank.
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However, the existing elected members of the committee holding their post as such members
on the date of the commencement of Karnataka Cooperative Societies (Amendment) Act 2009
shall continue to hold their offices till the expiry of their remaining term.
98T. Co-option of professionals in the committee.- (1) The managing committee of the
State Cooperative Bank or Central Co-operative Banks shall have at least such number of
professionals having special knowledge or experience in such fields as may be stipulated by the
Reserve Bank from time to time and if such number of professionals do not get elected, the
committee of that society shall, to the extent of the shortfall, co-opt professionals having special
knowledge or experience in such fields as may be stipulated by the Reserve Bank. The co-opted
members shall have all the rights of members inclusive of voting right and the term of such
members shall be co-extensive with the term of other elected members.
(2) if any person who, in the opinion of the Reserve Bank or the National Bank, has
been co-opted as a member of the committee without having the requisite special knowledge or
experience in such fields as may be stipulated by the Reserve Bank, the committee of such
society shall ensure removal of that person within two months of being so advised by the
Reserve Bank or the National Bank, after giving him an opportunity of being heard.
98U. Audit of accounts.- The State Co-operative Bank and a Central Co-operative Bank
shall cause audit and certification of its accounts by a Chartered Accountant selected by it from the
panel approved by the National Bank.
98V. Special audit of Co-operative Credit Structure.- The Director of Co-operative Audit
shall arrange to conduct the special audit of the State Cooperative Bank or Central Co-
operative Banks on the request of the Reserve Bank in the manner and form stipulated by the
Reserve Bank and also arrange to furnish a copy of the report of such special audit to the
Reserve Bank and National Bank within the time stipulated. The provisions relating to audit of
accounts made under this Act shall also apply to such special audit.
98W. Restriction for using the word 'Bank'. - No primary agricultural credit society or its
federation or association shall, except those which are permitted to act as a Bank under the
Banking Regulation Act, 1949 (Central Act 10 of 1949), be registered with the word 'Bank', 'Banker',
'Banking' or any other derivative of the word 'Bank' in its registered name or shall use the same as a
part of its name:
Provided that where any primary agricultural credit society or its federation or association,
except those which are permitted to act as a Bank under the Banking Regulation Act, 1949 (Central
Act 10 of 1949), has been registered with the word 'Bank' or any of its derivatives as a part of its
name or has been using the same as a part of its name before the commencement of the Karnataka
Co-operative Societies (Amendment) Act 2009, it shall within three months from the date of such
commencement, change its name so as to remove the word 'Bank' or its derivative, if any, from its
name:
Provided further that where any such society fails to comply with the above provisions within
the period specified therein, the Registrar shall order the winding up of such society after giving a
reasonable time and opportunity to the committee of such society for complying with the above
provisions.
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(2) The Registrar shall, on being advised by the Reserve Bank for supersession or winding up,
ensure that the administrator or the liquidator as the case may be, is appointed within one month
from the date of receipt of the advice from the Reserve Bank or within such time as may be
permitted by the Reserve Bank.
(3) If, in the opinion of the Reserve Bank or the National Bank, the chief executive officer of
the State Co-operative Bank or a Central Co-operative bank does not fulfill eligibility criteria
specified by the Reserve Bank, the Registrar shall direct compliance of the orders of the Reserve
Bank or, as the case may be, the National Bank within two months of being so advised by the
Reserve Bank or the National Bank.
(4) If in the opinion of the Reserve Bank or the National Bank, a person has been co-opted as
a member of the committee of the State Cooperative Bank or a Central Cooperative Bank without
having the requisite special knowledge or experience in such fields as may be stipulated by the
Reserve Bank, the Registrar shall, on being advised by the Reserve Bank or the National Bank,
direct compliance of the orders of the Reserve Bank or, as the case may be, the National Bank
within two months of being so advised by the Reserve Bank or the National Bank.
31. Amendment of section 100.- In section 100 of the Principal Act, in sub-section (3), in
the explanation,-
(1) in item (ii), the words "as may be prescribed by the Registrar" shall be omitted.
"(iii) "seasonal finance" shall mean the advancing of loans for the purposes enumerated in
item (ii) above, such loans being repayable on or before the 31st March following or such
other date as may be specified by the financing bank or the credit agency."
32. Amendment of section 105.- In section 105 of the Principal Act, shall be renumbered
as sub-section (1) thereof and after sub-section (1) as so renumbered, the following sub-section shall
be inserted, namely:-
(2) No appeal against an order, decision or award for payment of money shall be considered
by the Appellate Authority under sub-section(1) unless it is accompanied by satisfactory
proof for having deposited with the concerned society twenty five percent of the amount
due in terms of the order, decision or award. After the disposal of the appeal, the amount
so deposited shall be adjusted towards the amount payable by the appellant and in case no
amount is required to be paid by the Appellant, the amount so deposited shall be refunded
to him by the Society.
(a) in sub-section(1),-
(i) for clauses (a) and (b), the following shall be substituted, namely,-
(ii) the existing clause (d-1) shall be renumbered as (d-2) and before such clause as so
renumbered, the following shall be inserted, namely,-
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(iii) in clause(e), the words, "removing the committee of a co-operative society" shall be
omitted.
(iv) in clause(e-1), the words, "appointing a special officer" shall be omitted.
(v) clause (j), the words, "directing the winding up of a co-operative society" shall be
omitted.
(b) in sub-section (2), for clauses (a) and (b) and the first proviso thereunder, the following
shall be substituted, namely
"(a) If the act, decision or order was made by the Assistant Registrar, to the jurisdictional
Deputy Registrar;
(b) If the act, decision or order was made by the Deputy Registrar, to the jurisdictional
Joint Registrar;
(c) If the act, decision or order was made by the Joint Registrar, to the jurisdictional
Additional Registrar or to the Registrar, as the case may be;
(d) If the act, decision or order was made by the Additional Registrar, to the Registrar;
(e) If the act, decision or order was made by the Registrar, to the State Government".
"(5) The appeal shall be decided within a period of twelve months excluding the period of
stay granted by a Court if any. However, the Registrar may for the reasons to be recorded
in writing extend the period not exceeding eighteen months.
(6) No appeal against an order for execution of an order, decision or award for payment of
money shall be entertained by the Appellate Authority under sub-section(1) unless it is
accompanied by satisfactory proof for having deposited with the concerned society,
twenty five percent of the amount in terms of the order, decision or award. After the
disposal of the appeal, the amount so deposited shall be adjusted towards the amount
payable by the appellant and in case no amount is required to be paid by the Appellant,
the amount so deposited shall be refunded to him by the Society.
34. Amendment of section 111.- In section 111 of the Principal Act, for sub-section (2), the
following shall be substituted, namely.-
"(2) No prosecution shall be instituted under this Act without the previous sanction of,-
(a) the Director of Co-operative Audit in respect of matters arising out of audit
other than matters relating to co-operative credit structure society;
(b) the Registrar in respect of all other matters including matters relating to audit
in respect of cooperative credit structure society.
Provided that no sanction of the Registrar or the Director of Cooperative Audit shall be
necessary for filing criminal complaints against the delinquents for alleged misappropriation or
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embezzlement of funds of a cooperative society detected during the course of audit, inquiry or
inspection or in the normal course of business of a cooperative society."
35. Insertion of Section 128A.- After Section 128 of the Principal Act, the following shall be
inserted and the same shall be omitted with effect from the first of July 2010.
(2) The Registrar shall have power to require the affiliated co-operative societies to make
contribution of such sum every year towards expenditure, as the federal society is likely to incur or
has incurred for the purpose. If any co-operative society fails to pay the said sum to such authority
as may be specified by the Registrar and within the time fixed by him, the Registrar may on the
application of the authority, and after such enquiry as he may consider necessary, make an order
requiring the co-operative society to pay the amount, and every such order shall be enforceable
against the co-operative society as if it were an award under Section 71."
36. Power to remove difficulty.- (1) If any difficulty arises in giving effect to the provisions
of the Principal Act as amended by this Act, the State Government may, by notification in the
Official Gazette, make such provisions as appears to it to be necessary or expedient for removing the
difficulty:
Provided that no such notification shall be issued under this section after the expiry of two
years from the date of commencement of the relevant provision under the Karnataka Co-operative
Societies (Amendment) Act, 2010.
(2) Every notification issued under this section shall, as soon as may be, after it is made, be
laid before the State Legislature.
37. Repeal and Savings.- (1) The Karnataka Co-operative Societies (Amendment) Ordinance,
2009 (Karnataka Ordinance No. 8 of 2009) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the principal Act
as amended by the said Ordinance, shall be deemed to have been done or taken under the Principal
Act as amended by this Act.
G.K. BOREGOWDA
Secretary to Government,
Department of Parliamentary Affairs and Legislation
Arrangement of Sections
Sections:
Amending Act 04 of 2011.- The Karnataka State Co-operative Agriculture and Rural
Development Bank has expressed that the revival package for long-term loan (under Prof. A.
Vaidyanathan committee) has not been implemented, it is necessary to continue the existing system
till the Government of India takes a decision to implement the Prof. A. Vaidyanathan package for the
long-term credit structure. Therefore, it is considered necessary to continue the Common Cadre
Committee to prevent adverse effect on the functioning of Primary Co-operative Agricultural and
Rural Development (PCARD) Banks. Hence, it is proposed to insert the new section 97A in the
Karnataka Co-operative Societies Act, 1959.
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(First Published in the Karnataka Gazette Extra-ordinary on the Fourth day of February, 2011)
(Received the assent of the Governor on the Second day of February, 2011)
Whereas it is expedient further to amend the Karnataka Co-operative Societies Act, 1959
(Karnataka Act 11 of 1959) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty first year of the Republic of India
as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Co-operative
Societies (Amendment) Act, 2011.
(2) It shall come into force on such date as the State Government may, by notification, appoint
and different dates may be appointed for different provisions of the Act.
2. Insertion of new section 97A.- In the Karnataka Co-operative Societies Act, 1959
(Karnataka Act 11 of 1959) (hereinafter referred to as the principal Act), after section 97, the
following shall be inserted, namely:-
97A. Constitution of a common cadre for the employees of primary agriculture and
rural development banks.- (1) Notwithstanding anything contained in this Act, rules or the bye-laws,
where the Registrar, in the interest of a co-operative movement considers that the creation of a
common cadre of employees for primary agriculture and rural development banks which are affiliated
to State Agriculture and Rural Development Bank is necessary, he shall authorize the State
Agriculture and Rural Development Bank to make regulation as may be necessary to exercise the
power of appointment, transfer and disciplinary action in respect of such category of employees of
Primary Co-operative Agricultural and Rural Development (PCARD) Bank as may be specified by
him. Where the Karnataka State Co-operative Agricultural and Rural Development (KASCARD)
Bank is so authorized by the Registrar, the affiliated Primary Co-operative Agricultural and Rural
Development (PCARD) Bank shall not have powers to deal with such category of employees except
to the extent such regulations may permit.
(2) The Registrar shall also have power to require the Primary Co-operative Agricultural and
Rural Development (PCARD) Banks to make contribution of such sum every year towards
expenditure, as the Karnataka State Co-operative Agricultural and Rural Development (KASCARD)
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Bank is likely to incur for the purpose. If any Primary Co-operative Agricultural and Rural
Development (PCARD) Bank fails to pay the said sum, the Registrar or such Officer as may be
specified by him within the time specified by him, on the application of the Karnataka State Co-
operative Agricultural and Rural Development Bank, and after such enquiry as he may consider
necessary, make an order requiring the Primary Co-operative Agricultural and Rural Development
(PCARD) Bank to pay the amount, and every such order shall be enforceable against such Primary
Co-operative Agricultural and Rural Development (PCARD) Bank, as if it were an award under
section 71.
3. Amendment of section 98Q.- In section 98Q of the principal Act, in sub-section(1), for the
words, "before the expiry of the term of the existing committee", the words, brackets, figures and
letter "in accordance with the provisions of the sub-section (2) of section 39A" shall be substituted.
G.K. BOREGOWDA
Secretary to Government,
Department of Parliamentary Affairs and Legislation
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Provided that the Registrar may by order curtail the term under sub-clause (i) and take
necessary steps to hold general meeting of the co-operative society and elections before the expiry of
the term so curtailed.
(4) Every order under sub-section (3) shall be published in the Official Gazette and shall, unless
otherwise specified in the order, come into force on such publication.
(5) The order referred to in sub-section (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 or division or reorganization as the case may be.
(6) Notwithstanding anything contained in the Transfer of Property Act, 1882 (Central Act 4 of
1882) or the Registration Act, 1908 (Central Act 16 of 1908), in the event of amalgamation, the
registration of the amalgamated co-operative society and in the event of division, the registration of new
co-operative societies shall with effect from the date specified in the order of amalgamation or division in
each case be sufficient conveyance to vest the assets and liabilities of the amalgamating co-operative
societies or the original co-operative society in the amalgamated co-operative society or the new co-
operative societies, as the case may be.
(7) The amalgamation or division or reorganization of a co-operative society shall not affect any
right or obligation of the co-operative societies so amalgamated or the co-operative society so divided or
reorganized or render defective any legal proceedings which might have been continued or commenced
by or against the co-operative societies which have been so amalgamated or divided or reorganized and
accordingly such legal proceedings may be continued or commenced by or against the amalgamated
co-operative society, the reorganized co-operative society or the new co-operative societies as the case
may be."
By Order and in the name of the Governor of Karnataka,
G.K. BOREGOWDA
Secretary to Government,
Department of Parliamentary Affairs and Legislation
Provided that every cooperative society shall make amendments to its bye-laws in conformity
with the amendments made to this Act or the rules from time to time within ninety days from the date
of coming into force of the said amendments.
(ii) sub-sections (5) and (6) shall be omitted.
7. Omission of section 14A.- section 14A of the Principal Act shall be omitted.
8. Amendment of section 16.- In section 16 of the Principal Act,-
(i) in sub-section (1) in clause (a), after the words such cooperative society, the
words, and is residing in the area of the operation of the society shall be inserted;
(ii) in sub section (4), for the words three months, the words two months, shall be
substituted;
(iii) sub-sections (5), (6) and (7) shall be omitted.
9. Amendment of section 17.- In section 17 of the Principal Act, in sub-section (1), after
clause (d), the following shall be inserted, namely:-
(e) is not eligible for membership under section 16;
(f) is a paid employee of the society or of its financing bank; or
(g) as such member, has failed to transact, such minimum business; or utilize such
minimum services or facilities in a year as may be specified in the byelaws for a
continuous period of three years.
10. Amendment of section 18A.- In section 18A of the Principal Act, in clause (a), for sub-
clause (iii), the following shall be substituted, namely:-
(iii) disqualification and cessation
11. Insertion of new section 19A.- After section 19 of the Principal Act, the following shall be
inserted, namely:-
19A- Access to information.- Every member of a cooperative society shall have
access to the books, information and accounts of the cooperative society kept in regular
transaction of its business with such member.
12. Amendment of section 20.- In section 20 of the Principal Act,-
(i) in sub-section (1),
(a) for the words no member, the words no member, no representative or no
delegate shall be substituted;
(b) and the proviso thereunder shall be omitted.
(ii) in sub-section (2), after clause (a-iii) and the proviso thereunder, the following shall be
inserted, namely:-
(a-iv) a member, a representative or a delegate who has failed to attend three
general meetings out of the last five general meetings;
(a-v) a member or a representative who has failed to utilize such minimum
services or facilities in a co-operative year as may be specified in the byelaws for
three consecutive cooperative years.
(iii) in sub-section (2), in clause (b), in sub-clause (iv),-
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(a) for the words seventy five percent, the words fifty percent, shall be substituted;
(b) in item (a), for the words seventy five percent, the words fifty percent, shall be
substituted;
13. Amendment of section 21.- In section 21 of the Principal Act, in sub-section (1),
(a) after the words every member, the words and comma, every representative, shall be
inserted;
(b) and the following explanation shall be inserted at the end, namely:-
Explanation: For the purposes of section 20 and this section and wherever else it occurs,
the word delegate means a member of a cooperative society to represent that society in
other cooperative societies.
14. Amendment of section 26.- In section 26 of the Principal Act,-
(i) in sub-section (2), for the words the Registrar may amend the bye-laws of the
cooperative society, the words the general body of a cooperative society may amend its
byelaws shall be substituted;
(ii) for sub-sections (3) and (4), the following shall be substituted; namely:-
(3)- The amendments of the bye-laws made under sub-section (2) shall be sent to the
Registrar for approval under section 12.
15. Amendment of section 27.- In section 27 of the Principal Act, in sub-section (1),-
(i) for the words thirtieth day of September, the words twenty fifth day of September,
shall be substituted;
(ii) in clause (n), the word and at the end shall be omitted;
(iii) after clause (n), the following shall be inserted, namely:-
(n-1)-review of the use of the services of the society by the members and
directors of the society;
(n-2)- consideration of the loans and advances made to the directors and their
relatives, the defaults, if any, and the action taken for recovery thereof;
(n-3)- consideration of the inquiry and inspection reports, if any, and the
compliance report of the board on the action taken regarding the rectification of
defects and remedying of the irregularities pointed out in the said reports;
(n-4)- appointment of auditors;
(n-5)- voluntary amalgamation, division, merger, transfer of assets and liabilities;
(n-6)- decision on bad debts considered as irrecoverable;
(n-7)- review of the remuneration, TA, DA & other allowances
paid to the directors including the office-bearers in connection with their duties in
that capacity or their attendance at related meetings;
(n-8) review of the actual utilization of the reserve and other funds;
(n-9) liquidation of the cooperative society; and
(iii) the proviso at the end shall be omitted;
(iv) in sub-section (2), clause (b) shall be omitted;
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(4B)-(1) The State Government may nominate one person as its representative on the
board of every assisted society other than the board of a primary agricultural credit
cooperative society.
Provided that the person so nominated as a member of a cooperative society shall hold office
as such member during the pleasure of the State Government.
(2) Where an officer of Government is nominated under clause (1), such officer may, if unable to
be present himself at any meeting of the board, depute a subordinate officer to the meeting as his
representative and such subordinate officer shall be deemed to be a person nominated as a
representative of the State Government for the purpose of such meeting.
19. Amendment of section 28B.- In section 28B of the Principal Act, for sub-section (1), the
following shall be substituted, namely-
(1) The election of a board shall be conducted before the expiry of the term of the
board so as to ensure that the newly elected members of the board assume office
immediately on the expiry of the term of office of the members of the outgoing board.
20. Insertion of section 28C.- After section 28B of the Principal Act, the following shall be
inserted, namely:-
28C- Powers and functions of the board.-(1) The board of a cooperative society may
exercise all such powers and perform all such duties as may be necessary or expedient for the
purpose of carrying out its functions under the Act,, the rules and the bye-laws.
(2) Without prejudice to the generality of the foregoing powers, such powers and duties shall
include the following:-
(a) to admit members;
(b) to dispose of applications for allotment of shares;
(c) to mobilize resources and invest funds;
(d) to provide services or facilities including sanction of loans and advances to the members
and determination of the security to be taken;
(e) to elect the chairperson and such other office-bearers;
(f) to acquire or dispose of moveable and immoveable property required for achieving the
objectives of the society;
(g) to determine the cadre strength of the establishment of the society, qualifications, pay
scales and other allowances admissible to each employee and other conditions of service
of the employees;
(h) to appoint the chief executive and such other employees as are not required to be
appointed by the chief executive of the society subject to the provisions of section 29G;
(i) to lay down conduct and discipline rules, initiate disciplinary action against the delinquent
employees and impose penalties proportionate to the gravity of the charges subject to the
provisions of the bye-laws of the society;
(j) to set up specific goals to be achieved towards the organizational objectives;
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(k) to approve the expenditure necessary for the business of the society subject to the
provisions of annual budget;
(l) to cause the audit of accounts of the society within the specified time limit and obtain the
audit report within the said period;
(m) to consider the audit report, take action for rectification of the defects and remedying the
irregularities pointed out, if any, in the audit, cause compliance report and place the
reports before the general body;
(n) to consider the enquiry or inspection reports, if any, take action for rectification of the
irregularities pointed out, if any, in the enquiry or inspection, cause compliance report and
place the reports before the general body;
(o) to place the annual report, annual financial statements, annual plan and budget for the
approval of the general body;
(p) to institute, defend or compromise legal proceedings;
(q) to initiate civil, criminal and disciplinary action, as the case may be, against any person
who may have incurred civil or criminal liability by way of misappropriation or causing loss
to the society;
(r) to convene annual general meeting in time and special general meetings whenever
necessary and on requisition;
(s) to frame regulations necessary for the proper and effective functioning of the society;
(t) to take such other measures or to do such other acts as may be required under this Act,
the rules or as may be specified in the byelaws or as may be delegated by the general
body.
21. Omission of section 29.- section 29 of the Principal Act, shall be omitted.
22. Amendment of section 29C.- In section 29C of the Principal Act,-
(i) In sub section (1),-
(a) In clause (c), the words or any of his near relation and the proviso at the end shall
be omitted;
(b) In clause (f), in the explanation, the words and clause (c) shall be omitted.
(c) In clause (o), in sub clause (i), for the word ,member, the word,
director shall be substituted.
(d) after clause (o), the following shall be inserted, namely:-
(p) he has absented himself for three consecutive meetings of the board of such society ,
without leave of absence.
(ii) after sub-section (2), the following shall be inserted, namely:-
(3) If the board of a cooperative society fails,-
(a) to assist the cooperative Election Commission for conducting elections as per section 39A
and section 29F; or
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(b) to call the annual general meeting under section 27 or special general meeting when
required under section 28; or
(c) to present the audited accounts and annual report in the annual general meeting,
every member of such defaulting board shall be disqualified for being elected or appointed or
continued as a member of the board of the society for a period of five years from the date of the order
of disqualification.
(iii) after sub-section (9), the following shall be inserted, namely:-
(10) No director of a cooperative society shall be eligible for being elected or appointed or
continued as a delegate of another society, if he suffers from any disqualification mentioned in
sub-section (1). The provisions of sub-section (8) shall, mutatis-mutandis, apply.
(11) No member of a cooperative society shall be eligible for being elected or appointed or
continued as a representative, if he suffers from any disqualification mentioned in sub-section (1)
other than clauses (m) and (n) thereof. The provisions of sub-section (8) shall, mutatis-mutandis,
apply.
23. Amendment of section 29E.- In section 29E of the Principal Act, the following proviso shall
be inserted at the end, namely:-
Provided that the cooperative election commission shall conduct the election to fill up any
vacancy in the office of the director of the board if the remaining term of office of the board is more
than half of its original term.
Provided further that the board may fill up a casual vacancy on the board by nomination out of the
same class of members in respect of which the casual vacancy has arisen, if the remaining term of
office of the board is less than half of its original term.
24. Amendment of section 29 F.- In section 29F of the Principal Act,-
(i) for sub-sections (4) the following shall be substituted, namely:-
(4) The term of office of the office-bearers of a cooperative society shall be five
years from the date of election and shall be co-terminus with the term of the board.
(5) The Cooperative Election Commission shall conduct elections to the board and
also to the office of President or Chair person, Vice President or Vice-Chairperson and such
other office-bearers as are required to be elected as per the bye-laws of the cooperative
society within fifteen days from the date of constitution or deemed constitution of the board
after a general election.
(6) The cooperative election commission shall conduct elections within sixty days
from the date it being notified about the occurrence of any casual vacancy in the office of a
director or any office bearer of a co-operative society to fill up such casual vacancy.
(ii) sub sections (5), (6), (7) and (8) shall be omitted.
25. Amendment of section 29-G.- In section 29G of the Principal Act, after sub-section
(4B) , the following shall be inserted, namely:-
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(4C) The Chief Executive of a Cooperative Society shall not have a right to vote in the
election of the office bearers of the board.
26. Substitution of section 30.- For section 30 of the Principal Act, the following shall be
substituted, namely:-
30-Supersession or suspension of the board.- (1) Notwithstanding anything contained in
any law of the time being in force, no board of a cooperative society shall be superseded or kept
under suspension for a period exceeding six months.
Provided that in case of a cooperative society carrying on the business of banking, the
provision of this clause, shall have effect as if for the words six months, the words one year had
been substituted.
(2) If in the opinion of the Registrar, the board of a cooperative society-
(i) persistently makes default or is negligent in the performance of the duties imposed on it
by this Act, or the rules or the bye-laws; or
(ii) commits any act, which is prejudicial to the interest of the society or its members; or
(iii) where there is a stalemate in the constitution or functioning of the board; or
(iv) has serious financial irregularities or frauds which have been detected; or
(v) fails to provide books and records, necessary information and assistance to the election
commission as per the calendar set out by the election commission to conduct elections to
the board within the stipulated time and as a result or otherwise, the election commission
has failed to conduct elections to the board within the stipulated time;
Registrar, may, after giving the board an opportunity to state objections, if any, by order in
writing, superceed or suspend the said board and appoint an administrator to manage the
affairs of the society for such period not exceeding six months.
Provided that the board of any cooperative society shall not be superseded or kept
under suspension where there is no Government share holding or loan or financial assistance
or any guarantee by the Government.
Provided further that the supersession or suspension of the board of a cooperative
bank shall be done only after consultation with the Reserve Bank of India / National Bank as
the case may be and the provisions of Banking Regulation Act,, 1949 shall also apply.
(3) The administrator so appointed shall, subject to the control of the Registrar and such
instructions as he may give from time to time, exercise all or any of the functions of the board or of
any office- bearer of the co-operative society and take such action as he may consider necessary in
the interest of the society.
(4) In case of supersession of a board, the administrator shall, before the expiry of his term of
office, arrange for the conduct of elections and the constitution of a new board in accordance with
this Act,, the rules and the bye-laws of the co-operative society and hand over management to the
elected board.
(5) In case of suspension of a board, the Registrar shall reinstate the said board and the
administrator shall, on the expiry of his term of office, handover the management to the said board
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and the period of suspension shall be reckoned while computing the original term of office of the
board.
(6) Notwithstanding anything contained in this Act,, the Registrar shall, in the case of a
cooperative bank, if so required in writing by the Reserve Bank of India, in public interest or for
preventing the affairs of the cooperative bank being conducted in a manner detrimental to the interest
of the depositors or for securing the proper management of the cooperative bank, by order in writing,
remove the board of that cooperative bank and appoint an administrator to manage the affairs of the
cooperative bank for such period not exceeding one year as may be specified by the Reserve Bank
of India.
(7) Any officer or employee of the Government or a Cooperative organization may be
appointed as administrator of a cooperative society-
(i) if he is appointed on full time basis, his pay and other allowances shall be borne by
the cooperative society. The service rules applicable to him in the department or
organization shall continue to govern his service as administrator of the society;
(ii) if he is appointed as administrator in addition to his regular post, he shall be paid
remuneration at the rate of ten percent of his basic pay out of the funds of the
cooperative society. The service rules applicable to him in the department or
organization shall continue to govern his service as administrator of the society;
27. Amendment of section 34.- In section 34 of the Principal Act, in sub-section (1), the
following provisos shall be inserted, namely:-
Provided that the employee shall obtain prior concurrence in writing of the employer
agreeing to deduct from his salary or wages such an amount as specified in such agreement.
Provided further that the liability of the employer shall be limited to the extent of deduction of
an amount which if included makes the total of all the deductions from the salary not to exceed fifty
percent of the salary of the employee.
Provided also that the board of the cooperative society shall determine the amount of loan
and the number of instalments to be granted to the employee in such a manner that the total of all
deductions including the deduction on account of the loan instalment alongwith interest thereon shall
not exceed fifty percent of the salary of the employee.
28. Substitution of section 39A.- For section 39A of the Principal Act, the following shall be
substituted, namely:-
39A- Conduct of elections.- (1) Every general election of the members of the board and
election of the office-bearers of a cooperative society including any casual vacancy to the extent
applicable shall be held subject to the superintendence, direction and control of the Cooperative
Election Commission.
(2) The general elections of the members of the boards of the cooperative societies shall be
held in four stages as under,-
(a) the elections in respect of primary cooperative societies shall be held in the first stage;
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(b) in the second stage, the electoral process for holding elections to the secondary
societies shall commence fifteen days after the completion of the elections of the
primary societies;
(c) in the third stage, the electoral process for holding election to the federal societies
shall commence thirty days after the completion of the elections of the secondary
societies; and
(d) in the fourth stage, the electoral process for holding election to the apex societies shall
commence thirty days after the completion of the elections of the federal societies.
Provided that the cooperative election commission may start the preparatory work for
the preparation of the electoral rolls for and the conduct of the elections during the last
six months prior to the expiry of the term of office of the board of a cooperative
society.
(3)Notwithstanding anything contained in this Act,, the rules or the bye-laws of any
cooperative society, the elections to the boards and consequent election of the office-bearers which
are due during March and April 2013 shall be held;
(i) before the thirtieth day of September 2013 in respect of the primary cooperative
societies;
(ii) before the thirty first day of October 2013, in respect of the secondary cooperative
societies;
(iii) before the thirtieth day of November 2013 in respect of the federal societies;
(iv) before the thirty first day of December 2013 in respect of the apex cooperative
societies;
Provided that the incumbent boards of all such cooperative societies shall continue to be in
their respective offices till the conduct of the elections as above.
39AA Co-operative Election Commission.-(1)The State Government shall, by notification in
the Official Gazette, constitute a Cooperative Election Commission consisting of a cooperative
election commissioner and a secretary.
(2)The cooperative election commission shall be vested with the superintendence, direction
and control of the preparation of the electoral rolls for, and the conduct of, all elections to the
cooperative societies in the State.
(3)The Governor shall appoint a person who is or has been an officer of the rank of Principal
Secretary or Secretary to the State Government to be cooperative election commissioner on the
recommendation of the Chief Minister and such cooperative election commissioner shall hold office
for a term of five years.
(4)The State Government shall appoint a person who is or has been an officer of the rank of
Additional Registrar of Cooperative societies to be the Secretary of the Cooperative Election
Commission.
(5)The conditions of service including the salary and allowances of the cooperative election
commissioner and the secretary shall be such as may be prescribed.
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(a) inform the cooperative election commission about the expiry of its term of office at
least six months before the date of expiry of such term;
(b) furnish such books, records and information as the commission may require as per the
calendar prescribed by the Cooperative Election Commission; and
(c) provide all necessary help, assistance and cooperation for the smooth preparation of
electoral rolls for and the conduct of elections.
29. Omission of section 53A.- section 53A of the Principal Act, shall be omitted.
30. Amendment of section 56.- In section 56 of the Principal Act, in sub-section (2), for the
second proviso, the following shall be substituted, namely:-
Provided further that no director shall be paid travelling allowance, daily allowance or such
other allowances or fees for attending meetings of the board or committees or sub-committees or for
performing any other functions as a director at a rate higher than the maximum rate specified in the
byelaws for the purpose, having regard to the financial position and profitability of the society.
31. Insertion of new section 57A.- After section 57 of the Principal Act,, the following shall
be inserted, namely:-
57A- Cooperative Education and Training.-(1) The cooperative education fund shall be
utilized for the purpose of promotion of the cooperative movement in the State and for providing
education to the members, directors and cooperators of the cooperative societies and the general
public and training to the employees of the cooperative societies.
(2) Every co-operative society shall pay its contribution to the Karnataka State Cooperative
Federation within thirty days from the date of its annual general meeting.
(3) All contributions made by the cooperative societies towards co-operative education fund,
grants received from the Government of India or the State Government and donations, if any, made
by any person shall be credited to the cooperative education fund.
(4) The cooperative education fund shall be maintained and administered by the Karnataka
State Cooperative Federation Limited for such programmes and in such manner as may be
prescribed.
(5) No expenditure out of the cooperative education fund shall be incurred without the
approval of an advisory committee constituted for the purpose as prescribed.
32. Amendment of section 58.- In section 58 of the Principal Act,-
(i) in clause (e),-
(a) the words or financial institution shall be omitted.
(b) for the word Registrar, the words, general body of that society till the date of the next
annual general body meeting, shall be substituted.
(ii) the first proviso shall be omitted.
33. Amendment of section 59.- In section 59 of the Principal Act, for sub-section (2), the
following shall be substituted, namely:-
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(2) Notwithstanding anything contained in sub-section (1), the general body of a cooperative
society shall have power to permit the society to borrow from a credit agency subject to such
conditions as may be stipulated in the resolution of the general body.
Provided that such resolution is valid till the date of the next annual general meeting.
34. Substitution of section 63.- For section 63, the following shall be substituted, namely:-
63 Audit.- (1) Every Cooperative society shall get its accounts audited at least once in a
year before the first of September following the close of the cooperative year by an auditor or an
auditing firm appointed by the general body of the cooperative society from a panel of auditors or
auditing firms approved by the Director of cooperative audit;
Provided that the Director of co-operative audit shall be the authority competent to prepare
and maintain a list of auditors and auditing firms who satisfy the prescribed qualification and
experience for undertaking the audit of accounts of co-operative societies in the state.
Provided further that the Director of cooperative audit shall communicate a panel of auditors
and auditing firms, not exceeding ten, to every cooperative society within thirty days from the close of
the co-operative year.
(2) The general body of every cooperative society shall at its general meeting appoint an
auditor or an auditing firm to audit the accounts of the society for the cooperative year in which the
general meeting is held.
(3) The manner of preparation of the list of auditors and auditing firms by the Director of co-
operative audit and the procedure for giving the panel to each co-operative society shall be such as
may be prescribed.
(4) The audit under sub-section (1) of this section or under section 98U or section 98V shall
include an examination of overdue debts, if any, the physical verification and valuation of the assets
and liabilities, verification of the cash balance and securities, certification of the profits or losses,
compliance with the transparency law and other laws applicable to the cooperative societies including
the instructions and directives of NABARD or Reserve Bank of India and an examination of the
working and the other prescribed particulars of the society.
(5) The auditor or auditing firm shall at all times have access to all the books, accounts,
documents, papers, securities, cash and other properties belonging to the society or in the custody of
any member of the board or the office-bearer or the chief executive or any other employee of the
society and may summon any person in possession or responsible for the custody of any such
books, accounts, documents, papers, securities, cash or other properties to produce the same at the
registered office of the society or any branch thereof or at any public office at the headquarters of the
society.
(6) 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 Auditor or Auditing firms approved by the Director of
Cooperative Audit may require.
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(7) The board of every cooperative society shall ensure that the annual financial statements
like the receipts and payments or income and expenditure, profit and loss and the balance sheet
along with such schedules and other statements as may be prescribed as at the end of a cooperative
year are prepared and presented for audit before the auditor or auditing firm within thirty days of the
closure of that cooperative year.
(8) The Auditor or Auditing firm shall conduct and complete the audit of accounts as provided
for in this Act, or the rules and send copies of the audit report and communicate the results of audit to
the cooperative society, the Registrar, the Director of co-operative audit and to the financing bank or
credit agency, and if the society is affiliated to any other cooperative society, to such cooperative
society, as early as possible but within the first day of September every year.
(9) The auditor or auditing firm shall have right to receive all notices and every
communication relating to the general meeting of a cooperative society and, at the cost of the
cooperative society, shall be entitled to attend such meeting and to be heard at the general body
meeting, in respect of all or any part of the business with which he is concerned as auditor or auditing
firm.
(10) If the result of the audit held under sub-section(1) discloses any defects in the working of
the society, the board shall take steps to rectify the defects and remedy the irregularities pointed out
in the audit report and place the audit report along with the action taken report before the general
meeting to be held before the twenty-fifth day of the September every year and explain therein the
said defects or the irregularities. The board shall continue to take steps for rectification of all the
defects and remedying of all the irregularities in the audit report and appraise the general meetings
every year till all the defects are rectified and the irregularities are remedied. The board shall send
report of action taken to the Registrar and Director of Co-operative Audit within thirty days from the
date of the general meeting.
(11) The Director of Co-operative Audit shall submit the audit reports of an Apex cooperative
society to the State Government annually for being laid before the legislature in the manner
prescribed.
(12) If it appears to the general body of a co-operative society that there is a prima-facie case
of fraud or misappropriation or embezzlement of funds not detected or properly examined by the
auditor during the regular audit or misclassification of accounts, the general body may resolve to
provide for a re-audit of any account of the society with a view to truly reflect the financial position of
the society and the provisions of the Act, and the rules applicable to the audit shall apply to such re-
audit;
(13) If it appears to the State Government on an application by a cooperative society or
otherwise that it is necessary or expedient to re-audit the accounts of a society, the State
Government may, by an order provide for such re-audit and the provisions of the Act, and the rules
applicable to the audit shall also apply to such re-audit.
Provided that such re-audit shall be ordered only when there is a prima-facie case of fraud or
mis-appropriation or embezzlement of funds not detected or properly examined by the auditor or
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auditing firms during regular audit or misclassification of accounts or for any other valid reasons with
a view to truly reflect the financial position of the society.
(14) Without prejudice to the provisions of sub- sections (5) and (6), the auditor shall inquire;
(a) Whether loans and advances made by the co-operative society on the basis of security
have been properly secured and whether terms on which they have been made are not
prejudicial to the interests of the co-operative society or its members;
(b) Whether transactions of the co-operative society which are represented merely by book
entries are not prejudicial to the interests of the co-operative society;
(c) Whether personal expenses have been charged to revenue account;
(d) Where it is stated in the books and papers of the co-operative society that any shares
have been allotted for cash, whether cash has actually been received in respect of such
allotment, and if no cash has actually been so received, whether the position as stated in
the account books and the balance sheet is correct, regular and not misleading; and
(e) Whether any special issue or subject matter referred to for enquiry by the Reserve Bank
or National Bank has been duly enquired into and report thereof is submitted to the
Reserve Bank or National Bank as the case may be.
(15) The auditor shall make a report to the cooperative society on the accounts examined by
him and on every balance sheet and profit and loss account and on every other document required to
be part of or annexed to the balance sheet or profit and loss account. The report shall state whether,
in his opinion and to the best of his information and according to the explanations given to him, the
said accounts give the information required by this Act, in the manner so required and give a true and
fair view,-
(a) in the case of the balance sheet, of the state of the cooperative societys affairs as at the end
of the year; and
(b) in the case of the profit and loss account, of the profit or loss for the year.
(16) The auditors report shall also,-
(a) state whether he has obtained all the information and explanations which to the best
of his knowledge and belief were necessary for the purpose of his audit;
(b) state whether in his opinion, proper books of accounts have been kept by the co-
operative society so far as appears from his examination of those books and proper
returns adequate for the purpose of his audit have been received from branches or
offices of the co-operative society not visited by him;
(c) state whether the report on the accounts of any branch office audited by a person
other than the co-operative societys auditor has been forwarded to him and how he
has dealt with the same in preparing the auditors report;
(d) state whether the co-operative societys balance sheet and profit and loss account
dealt with by the report are in agreement with the books of account and returns;
(17) The audit report shall have,
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(a) all particulars of the defects or the irregularities observed in audit and in case of financial
irregularities and misappropriation or embezzlement of funds or fraud, the
auditor/auditing firm shall investigate and report the modus operandi, the entrustment,
amount involved, and fix the responsibility for such misappropriation or embezzlement of
funds or fraud, on the members of the board or the employees of the society or any
other person as the case may be with all necessary evidence.
(b) accounting irregularities and their implications on the financial statements to be
indicated in detail in the report with the corresponding effects on the profit and loss.
(c) the functioning of the general body, board and sub-committees of the Co-operative
Society to be checked and any irregularities or violations observed reported duly fixing
the responsibilities for such irregularities or violations.
(d) all schedules and other statements as may be prescribed.
(18) Where any of the matters referred to in clauses (a) and (b) of sub- section (14) or
in clauses (a) and (b) of sub section (15) or clause (a) to (d) of sub-section (16) is answered in the
negative or with a qualifying observation, the auditors report shall state the reason for the answer.
(19) The remuneration of the auditor or auditing firm of a cooperative society shall be borne
by the society and shall be at such rates as may be fixed by general body of the society.
(20) The Director of Cooperative Audit shall maintain a list of cooperative societies
districtwise, the list of working societies, the list of societies whose accounts are audited, the list of
societies whose accounts are not audited within the prescribed time and the reasons therefor. He
shall co-ordinate with the cooperative societies and the auditors or auditing firms and ensure the
completion of audit of accounts of all the cooperative societies in time every year.
Explanation: For the purpose of this section,- (i) Auditor means an auditor or an officer of
the Department of Cooperative Audit who has passed, in addition to the graduation or post
graduation degree, Higher Diploma in Cooperative Management / Diploma in Cooperative
Audit / General Diploma in Cooperative management and who has completed the period of
probation successfully and who has a working knowledge of the kannada language; or a
Chartered Accountant within the meaning of the Chartered Accountants Act, 1949 who shall
have a fair knowledge of the functioning of the cooperative societies and shall have an
experience of at least three years in auditing of which the auditor would like to be included in
the panel and chartered accountants shall have working knowledge of the Kannada language.
(ii) Auditing firm means a firm of more than one Chartered Accountant within the
meaning of the Chartered Accountants Act, 1949 who or which shall have a fair knowledge of
the functioning of the cooperative societies and shall have an experience of at least three
years in auditing of which the auditing firm would like to be included in the panel and
chartered accountants shall have working knowledge of the Kannada language.
35. Amendment of section 64.- In section 64 of the Principal Act,-
(i) after sub-section (2A), the following proviso, shall be inserted, namely:-
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Provided that the State Government shall, on a report made by the Registrar, shall have
power to extend the period for holding the enquiry beyond eighteen months if it is satisfied that,
there are genuine grounds for the extension.
(ii) in sub-section (3), for clause (b), the following shall be substituted; namely:-
(b) the inquiry officer may also summon any officer of a financing bank or a credit agency as
the case may be or any person having any kind of business relationship with the society
or any person who is connected with the functioning of and who has knowledge about
the affairs of the society to produce any records or documents, if any, related to the
transactions with and working of the society and furnish such information and the
explanations, at the registered office or branch of the society or at any public office at
the headquarters of the society, as the inquiry officer may require for the purpose of the
inquiry.
(iii) after sub-section (4), the following shall be inserted, namely:-
(4A) On receipt of the inquiry report and the result of the inquiry from the Registrar, it
shall be the responsibility of the board to initiate immediate necessary action for
rectification of deficits, if any, therein and place the report before the annual general
meeting or a special general meeting convened for the purpose at the earliest.
Provided that the general body of the cooperative society shall not be competent to pass
a resolution negativing the findings of the inquiry.
(iv) in sub-section (5), for the words three months, the words forty five days shall be
substituted.
36. Amendment of section 65.- In section 65 Principal Act,-
(i) after sub-section (2), the following shall be inserted, namely:-
(2A) On receipt of the inspection report and the result of the inspection from the Registrar, it
shall be the responsibility of the board to initiate necessary action for rectification of defects, if any,
therein and place the report before the annual general meeting or a special general meeting
convened for the purpose at the earliest.
Provided that the general body of the cooperative society shall not be competent to pass a
resolution negativing the findings of the inspection.
(ii) in sub-section (3),
(a) for the word inquiry wherever it occurs, the word inspection shall be substituted.
(b) for the words three months, the words forty five days shall be substituted.
37. Amendment of section 68.- In section 68,-
(i) in sub-section (1),
(a) for the words remedy the defects, the words rectify the defects and remedy the
irregularities shall be substituted.
(b) the words the audit under section 63 or shall be omitted.
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(ii) in sub-section(3), for the words who shall take action for incorporation of , the words
who shall inform the society auditor or auditing firm auditing the accounts of the society
for incorporation shall be substituted.
38. Amendment of section 69.- In section 69 of the Principal Act, after sub-section (4), the
following proviso, shall be inserted, namely:-
Provided that the State Government shall, on a report made by the Registrar, may extend
the period beyond eighteen months if it is satisfied that, there are genuine/valid grounds for such
extension.
thirds majority of the members present and voting in a general meeting decides for the winding up of
that society.
42. Amendment of Section 98B.- In section 98B of the Principal Act,, after the words, over
riding effect, the words, except the provisions of sections 12, 16, 17, 19A, 20, 27, 27A, 27B, 28,
28A, 29C, 29E, 29F, 29G, 30, 31, 39A, 39AA, 56, 57A, 63, 64, 65, 70, 72, 108 & 109 shall be
inserted.
43. Omission of section 98 P.- section 98P of the Principal Act, shall be omitted.
44. Omission of section 98T.- section 98T of the Principal Act, shall be omitted.
45. Amendment of section 105A.- In section 105A of the Principal Act,,(i) in sub-section (1),
for the word Registrar, the words general body, shall be substituted.
(ii) for sub-section (3), the following shall be substituted; namely:-
(3)The general body of the cooperative society shall, after giving a reasonable
opportunity to the person concerned to make his representation, if any, in writing and after
considering the reasons for refusal of membership by the board, direct either that the
person shall be admitted as a member by the cooperative society or that he need not be
admitted by the cooperative society, and in the former case, the board shall give effect to
the decision within ten days of the resolution of the general body.
(iii) sub-section (4) and (5) shall be omitted.
46. Amendment of section 106.- In section 106 of the Principal Act,, after sub-section (5),
the following proviso, shall be inserted, namely:-
Provided that the State Government shall, on a report made by the Registrar, may extend
the period beyond eighteen months if it is satisfied that, there are genuine/valid grounds for such
extension.
47. Amendment of section 108.- In section 108 of the Principal Act, for the words, an
appeal has been made to the State Government under section 106, the words an appeal has been
made to the State Government or other authorities under section 106 shall be substituted.
48. Amendment of section 109.- In section 109 of the Principal Act, after sub-section(16),
the following shall be inserted, namely:-
(17) The members of the board who fails and the chief executive who fail to submit the
accounts and the information required by the auditor as per section 63 within the stipulated
time shall be punishable with imprisonment for a term which may extend to six months or
with a fine which may extend to five thousand rupees or with both;
(18) Every member of the board who fails and the chief executive who fails to get its
accounts for the previous year audited as per section 63 within the stipulated time and
present the same before the annual general meeting shall be punishable with imprisonment
for a term which may extend to six months or with a fine which may extend to ten thousand
rupees or with both;
(19) Every member of the board who and the chief executive who fail to file annual
returns with the Registrar as per section 27B shall be punishable with imprisonment for a
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term which may extend to six months or with fine which may extend to five thousand rupees
or with both;
(20)Every member of the board which fails and the chief executive who fails to provide
necessary books, records and information within time and assist the cooperative election
commission for the conduct of elections within the time stipulated under section 39AA shall
be punishable with imprisonment for a term of six months or with fine of ten thousand rupees
or with both;
(21)Any person who, before, during or after the election of the members of the board
or office-bearers, adopts any corrupt practice under section 39C or commits any electoral
offences under section 39K shall be punishable with imprisonment for a term which may
extend to six months or with fine which may extend to ten thousand rupees or with both.
49. Amendment of section 113.- In section 113 of the Principal Act, In sub-section (2) in the
proviso, the words with the previous permission of the Registrar shall be omitted.
50. Amendment of section 117.- In section 117 of the Principal Act,, sub-section (2) shall be
omitted.
51. Amendment of section 118.- In section 118 of the Principal Act, in sub-sections (1), for
clauses (b) and (c), the following shall be substituted, namely:-
(b) the removal of a member or the removal and disqualification of a director or the
removal of a board;
(c) any surcharge application required under section 69 or any dispute required under
section 70 to be referred to the Registrar or the recovery of moneys under section 100 or
the execution of any award or order referred to the Registrar for execution under section
101;
52. Amendment of section 124.- In section 124 of the principal Act, in the proviso, for the
words issued by certificate of posting, the following words shall be substituted, namely :-
published on the notice boards of the society at its registered office and its branches, and,-
(a) sent by bulk posting at places wherever the facility is available; or
(b) sent by E-mail and S.M.S.; or
(c) sent by ordinary post and published in,-
(i) one Kannada news paper having wider circulation at places where the co-operative
societies whose area of operation is less than a district, are situated or
(ii) one Kannada newspaper and one English newspaper having wider circulation at
places where the co-operative societies, whose area of operation extends to a district
and above and to the whole of the state, are situated;.
53. Amendment of section 129.- In section 129 of the Principal Act, in sub-section (2),-
(i) after clause (e), the following shall be inserted, namely:-
(e-1) right of a member to get information regarding his transaction of business with the
society.
(ii) for clause (g), the following shall be substituted; namely:-
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G.K. BOREGOWDA
Secretary to Government,
Department of Parliamentary Affairs and Legislation