Sections Particulars
Preliminary
1 Short title and extent
(1) This Act may be called the Co-operative Societies Act, 1912; and (2) It extends to 2[the whole of India except 3[the territories which, immediately before...
2 Definitions
In this Act, unless there is anything repugnant in the subject or context,- (a) "by-laws" means the registered by-laws for the time being in force, and includ...
Registration
3 The Registrar
The 4[State Government] may appoint a person to be Registrar of co-operative Societies for the 5[State] or any portion of it, and may appoint persons to assis...
4 Societies which may be registered
Subject to the provisions hereinafter contained, a society which has as its object the promotion of the economic interests of its members in accordance with c...
5 Restrictions on interest of member of society with limited liability and a share capital
Where the liability of the members of a society is limited by shares, no member other than a registered society shall- (a) hold more than such portion of the s...
6 Conditions of registration
(1) No society, other than a society of which a member is a registered society, shall be registered under this Act which does not consist of at least ten pers...
7 Power of Registrar to decide certain question
When any question arises whether for the purposes of this Act a person is an agriculturist or a non-agriculturist, or whether any person is a resident in a to...
8 Application for registration
(1) For purposes of registration an application to register shall be made to the Registrar. (2) The application shall be signed- (a) in the case of a society ...
9 Registration
If the Registrar is satisfied that a society has complied with the provisions of this Act and the rules and that its proposed by-laws are not contrary to the ...
10 Evidence of registration
A certificate of registration signed by the Registrar shall be conclusive evidence that the society therein mentioned is duly registered unless it is proved t...
11 Amendment of the by-laws of a registered society
(1) No amendment of the by-laws of a registered society shall be valid until the same has been registered under this Act, for which purpose a copy of the amen...
Rights And Liabilities Of Members
12 Member not to exercise rights till due payment made
No member of a registered society shall exercise the rights of a member unless or until he has made such payment to the society in respect of membership or ac...
13 Votes of members
 (1) Where the liability of the members of a registered society is not limited by shares, each member shall, notwithstanding the amount of his interest in the...
14 Restrictions on transfer of share or interest
(1) The transfer or charge of the share or interest of a member in the capital of a registered society, shall be subject to such conditions as to maximum hold...
Duties Of Registered Societies
15 Address of societies
Every registered society shall have an address, registered in accordance with the rules, to which all notices and communications may be sent, and shall send t...
16 Copy of Act, rules and by-laws to be open to inspection
Every registered society shall keep a copy of this Act and of the rules governing such society, and of its by-laws, open to inspection free of charge at all r...
17 Audit
(1) The Registrar shall audit or cause to be audited by some person authorized by him by general or special order in writing in this behalf the accounts of ev...
Privileges Of Registered Societies
18 Societies to be bodies corporate
The registration of a society shall render it a body corporate by the name under which it is registered, with perpetual succession and a common seal, and with...
19 Prior claim of Society
Subject to any prior claim of the 6[Government] in respect of land-revenue or any money recoverable as land-revenue or of a landlord in respect of rent or any...
20 Charge and set-off in respect of shares or interest of member
A registered society shall have a charge upon the share or interest in the capital and on the deposits of a member or past member and upon any dividend, bonus...
21 Shares or interest not liable to attachment
Subject to the provisions of section 20, the share or interest of a member in the capital of a registered society shall! not be liable to attachment or sale u...
22 Transfer of interest on death of member
(1) On the death of a member a registered society may transfer the share or interest of the deceased member to the person nominated in accordance with the rul...
23 Liability of past member
The liability of a past member for the debts of registered society as they existed at the time when he ceased to be a member shall continue for a period of tw...
24 Liability of the estates of deceased members
The estate of a deceased member shall be liable for a period of one year from the time of his decease for the debts of a registered society as they existed at...
25 Register of members
Any register or list of members or shares kept by any registered society shall be prima facie evidence of any of the following particulars entered therein :- ...
26 Proof of entries in societies' books
A copy of any entry in a book of a registered society regularly kept in the course of business, shall, if certified in such manner as may be prescribed by the...
27 Exemption from compulsory registration of instruments relating to shares and debentures of registered society
Nothing in section 17, sub-section (1), clauses (b) and (c), of the Indian Registration Act, 1908 (16 of 1908), shall apply to- (1) any instrument relating to...
28 Power to exempt from income-tax, stamp - duty and registration fees
8[(1)] The 9[Central Government], by notification1 in the 9[Official Gazette], may in the case of any registered society or class of registered society remit ...
Property And Funds Of Registered Societies
29 Restrictions on loans
(1) A registered society shall not make a loan to any person other than a member : that, with the general or special sanction of the Registrar, a registered s...
30 Restrictions on borrowing
A registered society shall receive deposits and loans from persons who are not members only to such extent and under such conditions as may be prescribed by t...
31 Restrictions on other transactions with non-members
Save as provided in sections 29 and 30, the transactions of a registered society with persons other than members shall be subject to such prohibitions and res...
32 Investment of funds
(1) A registered society may invest or deposit its funds - (a) in the Government Savings Bank, or (b) in any of the securities specified in section 20 of the...
33 Funds not to be divided by way of profit
No part of the funds of a registered society shall be divided by way of bonus or dividend or otherwise among its members : that after at least one-fourth of th...
34 Contribution to charitable purpose
Any registered society may, with the sanction of the Registrar, after one-fourth of the net profits in any year has been carried to a reserve fund, contribu...
Inspection Of Affairs
35 Inquiry by Registrar
(1) The Registrar may of his own motion, and shall on the request of the Collector, or on the application of a majority of the committee, or of not less than ...
36 Inspection of books of indebted society
(1) The Registrar shall, on the application of a creditor of a registered society, inspect or direct some person authorized by him by order in writing in this...
37 Costs of inquiry
Where an inquiry is held under section 35, or an inspection is made under section 36, the Registrar may apportion the costs, or such part of the costs as he m...
38 Recovery of costs
Any sum awarded by way of costs under section 37 may be recovered, on application to a Magistrate having jurisdiction in the place where the person from whom ...
Dissolution Of Society
39 Dissolution
(1) If the Registrar, after an inquiry has been held under section 35 or after an inspection has been made under section 36 or on receipt of an application ma...
40 Cancellation of registration of society
Where it is a condition of the registration of a society that it should consist of at least ten members, the Registrar may, by order in writing, cancel the re...
41 Effect of cancellation of registration
Where the registration of a society is cancelled, the society shall cease to exist as a corporate body- (a) in the case of cancellation in accordance with the...
42 Winding up
(1) Where the registration of a society is cancelled under section 39 or section 40, the Registrar may appoint a competent person to be liquidator of the soci...
Rules
43 Rules
(1) The 4[State Government] may, for the whole or any part of the 5[State] and for any registered society or class of such societies, make rules to carry out ...
Miscellaneous
44 Recovery of sums due to Government
(1) All sums due from a registered society or from an officer or member or past member of a registered society as such to the Government, including any costs ...
45 Power to exempt societies from conditions as to registration
Notwithstanding anything contained in this Act, the 4[State Government ] may, by special order in each case and subject to such conditions, if any, as it may ...
46 Power to exempt registered societies from provisions of the Act
The 4[State Government] may, by general or special order, exempt any registered society from any of the provisions of this Act or may direct that such provisi...
47 Prohibition of the use of the word "co-operative"""
(1) No person other than a registered society shall trade or carry on business under any name or title of which the word "co-operative" is part without the sa...
48 Indian Companies Act, 1882, not to apply
The provisions of the 20Indian Companies Act, 1882 (6 of 1882), shall not apply to registered societies....
49 Saving of existing societies
Every society now existing which has been registered under the Co-operative Credit Societies Act, 1904 (10 of 1904), shall be deemed to be registered under th...
50 [Repeal.] Repealed by the Second Repealing and Amending Act, 1914
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