THE CO-OPERATIVE SOCIETIES ACT, 1925 (Sind Act VII of 1925)
THE CO-OPERATIVE SOCIETIES ACT, 1925 (Sind Act VII of 1925) The Co-operative Societies Act, 1925, is a crucial piece of legislation in Pakistan that governs the formation, operation, and regulation of cooperative societies. This act, which has historical roots dating back to the colonial era, provides a legal framework for the establishment and functioning of cooperative societies, aiming to promote cooperation, self-help, and economic development among individuals and communities. In this introduction, we will explore the historical context, key objectives, and legal significance of this act. CHAPTER I Preliminary Short title. Extent. Definitions. CHAPTER II Registration The Registrar. 4-A. Power of Registrar to issue search warrant. Societies which may be registered. Restrictions on interest of member of society with limited liability and a share capital. Conditions of registration. 7-A. Eligibility for membership. Power of Registrar to decide certain questions. Application for registration. Registration. Evidence of registration. Annual general meeting. Special general meeting. Change of name: its effect. Amalgamation and division of societies. 15-A. Merger of a society in a company, etc. Amendment of the by-laws of a society. 16-A. Powers of the Registrar to amend bye-laws. CHAPTER III Rights and Liabilities of Members No rights of membership to be exercised till due payments are made. 17-A. Special provisions for membership of resource societies. 17-B. Expulsion of a member. Votes of members. 18-A. General body and managing committee. 18-B. Disqualification for being , and for voting at an election of Director, Manager or other officer of the society. Restrictions on transfer of share or interest. CHAPTER IV Duties of Societies Address of societies. Copy of Act etc., to be open to inspection. Audit. 22-A. Power of Registrar to exercise powers under section 50-A in the course of an audit. 22-B. Internal audit committee. CHAPTER V Privileges of Societies Societies to be bodies corporate. Prior claim of society. Charge and set-off in respect of shares or interest of member. Shares or interest not liable to attachment. Transfer of interest on death of member. Liability of past member. Liability of the estate of deceased member. Register of members. Admissibility of copy of entry as evidence. Exemption from compulsory registration of instruments relating to shares etc of society. Power to exempt from income-tax, stamp-duty, registration and court fees. 33-A. Provincial Government may give loans or guarantee interest or return. CHAPTER VI Property and Funds of Societies Restrictions on loans. Restrictions on borrowing. Restrictions on other transactions with non-members. Investment of funds. Restrictions on dividend. Reserve Fund. Restriction on distribution of profits. Provident fund. Contribution to charitable purpose. CHAPTER VII Inspection of Affairs Inquiry by Registrar. Inspection of books of indebted society. 44-A. Inspection of books and properties. 44-B. Power of Registrar to exercise powers under section 50-A in the course of an inquiry or inspection. 44-C. Power to remove officers. 44-D. Power of Registrar to give directions. 44-E. Special measures. Costs of inquiry. Recovery of costs. CHAPTER VIII Liquidation and Arbitration Winding up. Society may be wound up if membership is reduced. 48-A. Winding up of housing society. Effect of cancellation of registration. Power of a liquidator. 50-A. Power of Registrar to assess damage against delinquent promoters, etc. Bar of suit in winding up and dissolution matters. Disposal of surplus assets. Surplus assets of housing society. Arbitration. 54-A. Registrar’s power to set aside the award and order the dispute to be referred back to arbitration. Attachment before award. Appeal against award of arbitrator. Finality of awards in certain orders. Powers to enforce attendance. Money how recovered. Powers of Registrar to recover certain sums by attachment and sale of property. Registrar or person empowered by him to be a Civil Court for certain purposes. 59-A. Transfer of property which cannot be sold. CHAPTER VIII-A Distraint 59-B. Definitions. 59-C. Cases in which application for distraint may be made. 59-D. Form of application. 59-E. Procedure on receipt of application. 59-F. Execution of order for distraint. 59-G. Service of notice of demand and the grounds of distraint. 59.H. Right to reap, etc., produce. 59.I. Sale proclamation to be issued unless demand is satisfied. 59.J. Place of sale. 59.K. Provisions relating to growing crops. 59.L. Manner of sale. 59.M. Postponement of sale. 59.N. Payment of purchase money. 59.O. Certificate be given to the purchaser. 59.P. Proceeds of sale how to be applied. 59.Q. Certain persons may not purchase. 59.R. Procedure where demand is paid before the sale. 59.S. Distraint of property which is under attachment. 59.T. Suit for compensation for wrongful distraint and appeals. 59.U. Savings. CHAPTER IX Offences Offences. Default by a society, officer or member. Wilful neglect or default by a society, etc. Wilful furnishing of false information. Disobedience of summons, requisition, or order. Indulgence in fraudulent activities. Performing acts without approval. Making a false report or refusing to do an act. Violation of the master plan. Penalty for offences not otherwise provided for. Prohibition of the use of the word “co-operative”. 62.A. Penalty. Cognizance of offences. CHAPTER X Appeals and Revisions Appeal. 64.A. Power of Provincial Government and the Registrar to call for proceedings of subordinate officers and to pass orders thereon. 64.AA. Finality of orders of Provincial Government. CHAPTER XI Miscellaneous Recovery of sums due to Government. 65.A. 65.B. Officers of societies to be public servants. Power to exempt societies from conditions as to registration. Powers to exempt societies from provisions of Act. Companies Act not to apply. Branches, etc., of societies outside the province. Notice necessary in suits. 70.A. Bar of Jurisdiction. Rules. Repeal and savings. 72.A. Construction of references to Co-operative Societies Act, 1912, in enactments. 72.B. [Repealed] [Repealed] Schedule [Repealed] THE CO-OPERATIVE SOCIETIES ACT, 1925 (Sind Act VII of 1925) [4 December 1925]
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