The Gujarat Cooperative societies Act-1961

gujarat · 1962

The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.

S. 1Section 1 updates references to "land mortgage bank" to "land development bank" in existing laws and documents.
S. 2Section 2 defines key terms used in the Gujarat Cooperative Societies Act, 1961, including auditor, bye-laws, Central Bank, certified auditor, committee, company, co-operative bank, and dividend.
S. 3The section outlines the appointment of a Registrar and various assistants by the State Government to oversee cooperative societies.
S. 4Section 4 allows registration of cooperative societies promoting members' or public welfare, barring economically unsound or policy-contravening ones.
S. 5A society may be registered with limited or unlimited liability
S. 6Section 6 outlines registration requirements for different types of cooperative societies in Gujarat, specifying minimum member counts and residency conditions.
S. 7The section allows the State Government to exempt cooperative societies from certain registration requirements under specific conditions.
S. 8Section 8 outlines the application process and requirements for registering a cooperative society in Gujarat.
S. 9Section 9 outlines the process for registering and provisionally registering cooperative societies in Gujarat, including conditions for final registration and issuance of certificates.
S. 10These words were inserted by Guj
S. 11Section 11 determines that the Registrar resolves disputes regarding a person's status for society membership under the Gujarat Cooperative Societies Act.
S. 12The Registrar can classify societies as he sees fit, and his classification is final.
S. 13(1) No amendment of the bye-laws of a society shall be valid until registered under this Act
S. 14Section 14 allows the Registrar to amend society bye-laws if necessary, with state council approval, if society fails to do so.
S. 15Section 15 allows a cooperative society to change its name with Registrar's approval, without affecting existing rights or obligations.
S. 16Section 16 allows a cooperative society to amend its liability and bye-laws, giving members and creditors a month to withdraw investments or demand payments.
S. 17Section 17 allows a cooperative society to amalgamate, transfer assets, divide, convert, or change its objects, subject to member approval and Registrar's sanction.
S. 17APowers to direct amalgamation and re-organisation of societies in public interest, etc
S. 18Section cancels the registration of amalgamated, divided, or converted societies upon the new society's registration.
S. 19The section allows the Registrar to order the reconstruction of a cooperative society in response to a proposed compromise or arrangement.
S. 20Section 20 cancels the registration of a cooperative society if it merges, divides, or ceases to function.
S. 21Section allows two or more cooperative societies to form partnerships with Registrar's approval, exempting them from Indian Partnership and Companies Acts.
S. 22Section 22 specifies who can become a member of a cooperative society in Gujarat, including individuals, firms, and other eligible entities.
S. 23Section 23 of the Gujarat Cooperative Societies Act-1961 disqualifies and removes members found to have made false declarations and regulates membership admission and refusal processes.
S. 24These Words were substituted for the words “ten years” ibid-s
S. 25Section 25 allows certain cooperative societies to admit up to 10% non-voting associate or sympathizer members.
S. 26Section 26 details conditions under which a member's membership in a cooperative society in Gujarat can be terminated.
S. 27Section 27 of the Gujarat Cooperative Societies Act-1961 prohibits members from exercising voting rights until they fulfill prescribed membership payments and repay defaults on loans.
S. 28These word were substituted for the words “from amongst persons eligible to fill the reserved seats”, ibid
S. 29Limits individual member's share to one-fifth unless state government allows more.
S. 30Section 30 regulates the transfer or charge of a member's share in a cooperative society, requiring a one-year holding period and approval by the society.
S. 31Section 31 outlines the process for transferring a deceased member's share in a cooperative society to a nominee or legal representative.
S. 32Section 32 protects members' shares or interests in cooperative societies from attachment or sale for personal debts.
S. 33Section 33 allows members to inspect society documents and obtain copies on request and payment.
S. 34(1) Where a person has ceased to be member of a society under section 26
S. 35Section 35 prioritizes a society's dues in insolvency proceedings against a member, ranking them next to government or local authority dues.
S. 36Section 36 allows expulsion of members for detrimental acts, with approval from the Registrar, and bars re-admission for two years.
S. 37Section 37 grants a registered cooperative society corporate status, perpetual succession, and powers to manage property and legal actions.
S. 38Section 38 mandates cooperative societies to register an address for notices and inform the Registrar of any changes within thirty days.
S. 39Section 39 mandates cooperative societies to maintain a detailed member register and use it as evidence for membership dates.
S. 40Section 40 mandates that every cooperative society must display its Act, rules, bye-laws, and member list for public inspection at its registered address.
S. 41Section 41 allows certified copies of society records to be used as evidence, while protecting officers from being compelled to produce these records in unrelated legal proceedings.
S. 42Section 42 exempts certain instruments related to society shares and debentures from compulsory registration under the Indian Registration Act.
S. 43Section 43 allows the State government to waive stamp duty, registration fees, and other taxes for cooperative societies.
S. 44Section 44 of the Gujarat Cooperative Societies Act-1961 allows society committees to manage financial and internal policies, including interest rates and borrowing, subject to RBI directives.
S. 44APower of Committee of co-operative credit structure
S. 45Section 45 restricts loans and deposits in Gujarat Cooperative societies to members, except with special sanction or for certain deposits.
S. 46Section 46 restricts a society's transactions with non-members to prescribed limitations.
S. 47Section 47 allows a society to charge and set off debts due from members against their shares, deposits, and profits.
S. 48Section 48 prioritizes debts owed to cooperative societies as first charges on members' agricultural produce, assets, and property.
S. 49Section 49 mandates members borrowing from a cooperative society to declare a charge on their land for loan repayment.
S. 50Section 50 allows society members to authorize salary deductions for society debts, with employers required to remit these deductions.
S. 51The State Government can subscribe to a society's share capital but must not exceed 25% and cannot return it without government approval.
S. 52The Gujarat Cooperative Societies Act allows the state government to fund societies for buying shares in other limited liability societies.
S. 53Section 53 establishes a Principal State Partnership Fund for an apex society to use for specific purposes, including purchasing shares in other societies.
S. 54Section 54 establishes a Subsidiary State Partnership Fund for Central societies to use for buying shares in primary societies and payments to Apex societies.
S. 55Section 55 prohibits the purchase of shares in a society from state partnership funds without prior state government approval.
S. 56Section 56 limits liability for shares purchased by government or societies from specified funds to the amount paid upon winding up.
S. 57Section 57 specifies the dividend entitlement for Apex and Central societies purchasing shares from state funds.
S. 58Section 58 outlines the financial claims and entitlements of the State Government and Apex societies in case of dissolution of societies funded by state partnership funds.
S. 59Section 59 mandates that funds received by cooperative societies must be credited to specific partnership funds and ultimately paid to the State Government.
S. 60Section 60 specifies the disposition of funds in Subsidiary State Partnership Funds upon dissolution of respective societies.
S. 61Section 61 excludes funds in state partnership funds from being counted as assets of the apex or central society.
S. 62Section 62 allows the State Government to make agreements with Apex societies for funding and with Central societies for financial support from the Principal State Partnership Fund.
S. 63Section 63 allows the State Government to provide various forms of financial aid to cooperative societies, including loans, guarantees, and subsidies.
S. 64Section 64 makes sections 52 to 62 applicable to societies despite conflicting laws.
S. 65Section 65 prohibits distribution of society funds to members except for certain rebates or salaries, and limits honorarium payments.
S. 66Section 66 outlines how a profit-earning cooperative society in Gujarat calculates and appropriates its annual net profits.
S. 67(1) Every society which does or can, derive a profit from its transactions, shall maintain a reserve fund
S. 68These words were substituted for the words “Land Mortgage Bank”, ibid
S. 69These words were substituted for the words “State Land Mortgage Bank:, ibid
S. 70Section 70 allows cooperative societies to allocate up to 20% of net profits for prescribed cooperative, charitable, or public purposes, subject to state or district board approval.
S. 71(1) A society may invest, or deposits its fund,— Contribution to public purpose
S. 72Section 72 establishes employee provident funds for society members, prohibits fund use in society business, and mandates investment and administration per section 71.
S. 73Section 73 grants final authority to the general body or elected delegates, and allows credit societies to affiliate or disaffiliate with federal societies by a three-fourth majority.
S. 73AFreedom for affiliation or disaffiliation with a federal society of choice
S. 74Section 74 of the Gujarat Cooperative Societies Act-1961 vests management in a committee, with specific provisions for professional representation on Central and State Co-operative Banks.
S. 74ASection 74A prohibits individuals from serving as designated officer for certain societies simultaneously or for more than six years in the same society.
S. 74BSection 74B reserves two seats on the committee for Scheduled Castes/Scheduled Tribes and small/marginal farmers in specified societies.
S. 74CSection 74C outlines the election process and term of office for committees and officers in specified cooperative societies in Gujarat.
S. 74DAppointment of custodian in certain circumstances
S. 75Section 75 mandates the retiring Chairman to hand over society records and property to the new Chairman, with Registrar intervention if necessary.
S. 75ARestriction on rates of sitting foes and travelling and daily allowances of members of committees
S. 76Section 76 outlines qualifications and service conditions for society officers, with special provisions for central and state bank CEOs and directors.
S. 76AAppointment or removal of Managing Director or Chief Executive Officer to be approved
S. 76BThe Registrar can remove and disqualify a cooperative society officer for negligence or misconduct.
S. 77Section 77 mandates annual general meetings for societies to present financial statements and can be extended by the Registrar.
S. 78Section 78 outlines the process for calling special general meetings and penalties for failure to convene them.
S. 79Section 79 protects acts done in good faith by society officers or committees, even if there are later organizational defects.
S. 80Section 80 allows the State Government to nominate three representatives to a cooperative society's committee if it has subscribed to its capital or guaranteed its debts.
S. 80AExtension of term of nominated committee or appointment of custodian
S. 81Section 81 allows the State Government or Registrar to remove a negligent committee and appoint a new one or administrators to manage the society for up to two years.
S. 81ASuper session of Committee of Primary Agricultural Credit Co-operative Society
S. 82Section 82 mandates cooperative societies to maintain accounts and comply with Registrar's directives, with penalties for non-compliance.
S. 83Register’s power to seize records, etc
S. 84Section 84 mandates annual audits of cooperative society accounts by authorized auditors, with specific requirements for Central and State Co-operative Banks.
S. 85Section 85 mandates cooperative societies to correct audit-revealed defects and report actions to the Registrar.
S. 86The Registrar can investigate a society's constitution, operations, and finances on his own or through an authorized agent.
S. 87Section 87 allows the Registrar to inspect a society's books if a creditor applies, and grants the Registrar and authorized persons access to inspect society's books and documents.
S. 88These words were substituted for the words “Primary Land Mortgage bank”, ibid
S. 89Section 89 allows the Registrar to suspend a society's officer or servant if there's evidence of misconduct, pending investigation.
S. 90Section 90 outlines how costs for inquiries and inspections under the Gujarat Cooperative Societies Act are funded and apportioned among relevant parties.
S. 91Section 91 allows penalties or costs imposed by the Registrar to be recovered by a Magistrate as if it were a fine.
S. 92Section 92 allows the Registrar to direct a cooperative society to remedy defects and empowers the State Government to review such directions.
S. 93Section 93 allows the Registrar to investigate and recover misapplied funds or compensate for breaches of trust by society officers.
S. 94Section 94 grants the Registrar or authorized person power to summon witnesses and compel document production like a civil court.
S. 95Section 95 empowers the State Government to form or recognize federal societies to oversee cooperative societies and to levy fees for supervision.
S. 96Section 96 mandates disputes involving a cooperative society's constitution, management, or business to be referred to the Registrar for resolution.
S. 97Section 97 sets out specific limitation periods for disputes involving cooperative societies in Gujarat, overriding general limitation laws.
S. 98Section 98 outlines the Registrar's authority to decide or delegate disputes in cooperative societies, barring disqualified individuals, and to suspend proceedings for complex issues.
S. 99Section 99 outlines the Registrar's powers to manage disputes in cooperative societies, including witness summons and allowing non-lawyers to represent parties except in complex cases.
S. 100Section 100 allows the Registrar to attach a party's property to prevent them from evading an award or order unless adequate security is provided.
S. 101Section 101 allows the Registrar or nominee to award dispute resolution costs, which are binding unless appealed.
S. 102Section 102 allows aggrieved parties to appeal Registrar's decisions to the Tribunal within two months.
S. 103Section 103 mandates that unexecuted orders by the Registrar or authorized officials are treated as civil court decrees for execution.
S. 104Section 104 nullifies any private transfers or charges on society property after a certificate is issued by the Registrar.
S. 105Section 105 allows the transfer of defaulter's property to the society in execution of an order when it cannot be sold due to lack of buyers.
S. 106Section 106 allows the Registrar to grant certificates for recovering crop loan arrears from society members after necessary inquiries.
S. 107(1) If the Registrar, — Winding up [1962: Guj
S. 108Section 108 appoints a liquidator to manage a society's assets during its winding up and transfers control of all property and records to the liquidator.
S. 109Section 109 allows society members to appeal a winding-up order to the Registrar within two months, except for specific orders.
S. 110Section 110 empowers the liquidator to manage and liquidate the society's assets, settle claims, and conduct legal proceedings.
S. 111Section 111 makes a winding-up order effective after appeal expiry or dismissal, allowing asset realization by the liquidator.
S. 112Section 112 restricts civil court jurisdiction over society dissolution, allowing only with Registrar's leave.
S. 113Section 113 mandates the liquidator to submit annual accounts to the Registrar and be liable for negligence-induced irregularities.
S. 114Section 114 of the Gujarat Cooperative Societies Act-1961 mandates a three-year winding-up period for societies, with possible extensions up to four years total, and requires final reports and meetings.
S. 115Section 115 directs the disposition of surplus assets from dissolved cooperative societies, either to specified society objects, the Registrar's trust for a new society, or public utility, federal society, or charitable purposes.
S. 115ASection 115A mandates Reserve Bank of India's prior written approval for winding up or restructuring insured cooperative banks.
S. 115BSection defines terms used in the chapter for Urban Co-operative Banks in Gujarat Cooperative societies Act-1961.
S. 115CSection 115C outlines qualifications and disqualifications for being a committee member in Gujarat Cooperative Societies.
S. 115DSection 115D restricts voting rights in cooperative society elections to members who have been members for the prior financial year.
S. 115ESection 115E limits the chairman, vice-chairman, or Managing Director's term to two three-year terms with a two-year break before re-eligibility.
S. 115FSection 115F mandates a committee to ensure monthly reporting of loans, bank registration, defect rectification, timely loan recovery, and initiation of legal proceedings against misappropriation.
S. 115GSection 115G establishes an Urban Bank Credit Equalization Fund to be funded by the State Co-operative Bank from its annual profits.
S. 115HSection 115H penalizes committee members for failing to comply with or ensure the accuracy of reports under section 115F, with fines and imprisonment for violations.
S. 115IApplication of the provisions of section 84 to specified bank
S. 115JSection 115J overrides conflicting provisions in the Act, rules, or byelaws for this chapter.
S. 115KSection 115K exempts existing committee members from changes in section 115C made by the 2002 amendment.
S. 115LSection 115L limits the continuous term of a Chairman, Vice-chairman, or Managing Director in a cooperative society to six years.
S. 116Section 116 of the Gujarat Cooperative Societies Act-1961 allows Land Development Banks to provide long-term loans for agricultural improvements, housing, land acquisition, debt relief, and animal husbandry.
S. 117Section defines "Land Development Bank," "Primary Land Development Bank," and "State Land Development Bank" for cooperative societies in Gujarat.
S. 118Section 118 appoints a trustee to secure obligations of the State Land Development Bank to debenture holders.
S. 119Section 119 authorizes the State Land Development Bank to issue debentures with government and trustee approval, subject to rules and conditions.
S. 120Section 120 guarantees the principal and interest of debentures issued under section 119, up to a limit set by the State Government.
S. 121Section 121 transfers mortgaged properties and assets from the State Land Development Bank to the Trustee upon debenture issuance, granting debenture holders a floating charge on these assets.
S. 122Section 122 gives priority to land development bank mortgages over government claims on loans granted after the mortgage.
S. 123Section 123 establishes that written loan orders from the Land Development Bank are conclusive evidence of specified improvements and purposes.
S. 124Section 124 transfers mortgages and assets from Primary Land Development Banks to State Land Development Banks.
S. 125Section 125 exempts certain mortgages from registration under the Indian Registration Act, requiring only a copy to be filed.
S. 126Notwithstanding anything contained in the Presidency-towns Insolvency Act, 1909 or the Provincial Insolvency Act
S. 127Section 127 mandates Land Development Bank to collect prior debts from debtors at its office, with disputes resolved by accepting bank's offered amount.
S. 128Section 128 of the Gujarat Cooperative Societies Act-1961 states that mortgages by joint Hindu family managers are binding unless for non-binding purposes, except for certain agricultural loans.
S. 129Section 129 prohibits leasing or creating tenancy rights on mortgaged property to a land development bank without prior consent, enforcing bank rights against tenants.
S. 130Section 130 applies Hindu Minority and Guardianship Act rules to Land Development Bank mortgages, substituting Collector for Court and Commissioner for appeal.
S. 131Section 131 mandates mortgage payments to the Primary Land Development Bank unless otherwise directed by the State Land Development Bank or the trustee.
S. 132Section 132 of the Gujarat Cooperative Societies Act-1961 declares that if mortgaged property is destroyed or security becomes insufficient, the entire loan becomes immediately due.
S. 133Section 133 allows land development banks to apply to the Registrar for distraint and sale of mortgaged land produce to recover unpaid installments.
S. 134Section 134 empowers the Land Development Bank to sell mortgaged property by auction without court intervention if the mortgage is not paid.
S. 135Section 135 allows land development banks to buy and resell or lease out mortgaged properties, exempting them from maximum agricultural holding limits.
S. 136Section 136 details the reporting and approval process for land sales by cooperative societies in Gujarat.
S. 137Section 137 outlines how proceeds from property sales are to be used to pay costs, mortgage interest, principal, and any remaining balance is distributed to interested parties.
S. 138Section 138 of the Gujarat Cooperative Societies Act-1961 mandates the delivery of mortgaged property to the purchaser upon sale and certificate issuance.
S. 139Section 139 allows the Registrar to recover cooperative society arrears from members by treating them as land revenue.
S. 140Section 140 allows the Collector to recover dues from Land Development Banks as if they were land revenue arrears.
S. 141The section authorizes the state government to establish Guarantee Funds to cover losses from defective property titles and sets contribution and governance rules for these funds.
S. 142Section 142 ensures that members' joint and several liability for loans is conclusive evidence of their individual contributions.
S. 143Section 143 exempts officers of land development banks from personal appearances in registration proceedings and treats their official agreements as conclusive evidence.
S. 144Section 144 applies provisions of the Transfer of Property Act to cooperative societies' securities.
S. 145Section 145 prohibits bank officers from bidding in property sales conducted under this chapter.
S. 145ASection 145A applies most election rules to societies in specified categories except for section 104.
S. 145BSection 145B defines key terms for elections in specified cooperative societies in Gujarat.
S. 145CSection 145C mandates elections for cooperative society members to occur one month before their term ends.
S. 145D(1) Save as otherwise provided
S. 145ESection 145E of the Gujarat Cooperative Societies Act-1961 mandates election expenses to be borne by the society, with the Collector managing deposits and reimbursements.
S. 145FSection 145F disqualifies certain individuals from being elected or serving on committees of specified societies in Gujarat due to employment, criminal convictions, or corrupt practices.
S. 145G[Deleted
S. 145H[Deleted
S. 145IRemoval or reduction of period of disqualification
S. 145Jcorrupt practices
S. 145K(1) Every officer, clerk
S. 145LSection 145L prohibits election officials and police from influencing voters and outlines penalties for violations.
S. 145MSection 145M prohibits canvassing, soliciting votes, and using loudspeakers near polling stations on election day.
S. 145NPenalty for disorderly conduct at the polling station
S. 145OPenalty for mis conduct at the polling station
S. 145PSection 145P penalizes corrupt practices in cooperative society elections with fines up to 1,000 rupees.
S. 145QSection penalizes misconduct by election officials in Gujarat Cooperative Societies Act, imposing fines for breaches of duty.
S. 145RSection penalizes ballot paper theft or aiding it at elections and allows arrest and search by Presiding Officer.
S. 145SSection 145S of the Gujarat Cooperative Societies Act-1961 penalizes electoral frauds like tampering with nomination papers, ballot papers, and election documents.
S. 145TSection 145T allows Metropolitan Magistrates to impose fines for offenses under this chapter, with Collector's sanction needed for prosecution.
S. 145USection 145U of the Gujarat Cooperative Societies Act-1961 mandates disputes over elections to be referred to a Tribunal, with specific timelines and powers for hearing and resolution.
S. 145VA petitioner presenting an election petition under section 145U shall pay a deposit not exceeding Rs
S. 145WSection 145W outlines the requirements for filing an election petition in Gujarat Cooperative societies, including details of alleged corrupt practices.
S. 145XSection allows a petitioner to claim declaration of election void and own election as valid.
S. 145YThe section allows the state government to make rules to regulate election stages and voter list preparation.
S. 145ZSection 145Z governs the election of officers by members of specified categories of cooperative societies in Gujarat.
S. 146Section 146 prohibits unauthorized use of "co-operative" in business names and fines violations, except for registered societies.
S. 147Section 147 of the Gujarat Cooperative Societies Act-1961 prohibits various fraudulent or non-compliant actions by members and officers of cooperative societies.
S. 148Section 148 outlines penalties for various offenses under Section 147 of the Gujarat Cooperative Societies Act, 1961.
S. 149(1) No court inferior to that of a Presidency Magistrate or a Magistrate of the First class shall try offence under th
S. 150Section 150 establishes the Gujarat State Co-operative Tribunal, outlines its membership, and conditions for termination of a member's appointment.
S. 151Section 151 allows the Tribunal to review its own orders under certain conditions, with a 90-day limit for interested parties to apply for review.
S. 152Section 152 grants the Tribunal the same powers as a civil court to conduct evidence, summon witnesses, and enforce document production.
S. 153Section 153 outlines the appeal process for decisions made by Registrars or liquidators in Gujarat Cooperative Societies Act-1961.
S. 154Section 154 allows the appellate authority to accept late appeals if the appellant provides valid reasons.
S. 155Section 155 allows the government and registrar to review any officer's records to ensure decisions and proceedings are lawful and regular.
S. 156Section 156 establishes the Gujarat State Co-operative Council with specific members including government officials and elected representatives.
S. 157Section 157 allows recovery of society dues to the Government as land revenue arrears, prioritizing society property, then members, and finally their estates.
S. 158Section 158 allows members to transfer land to a Cooperative Farming Society despite other property laws.
S. 159Section 159 empowers the Registrar or designated officers to recover due amounts from cooperative societies through property attachment and sale.
S. 160Registrar’s powers to give direction
S. 161The State Government can exempt societies from certain provisions of the Act or modify their application with prior notice.
S. 162The State Government can delegate its powers under the Act to the Registrar or other entities, except certain specified powers.
S. 163Section 163 prohibits Gujarat cooperative societies from operating outside Gujarat and requires out-of-state societies to get permission to operate in Gujarat.
S. 164Designates certain officials and members as public servants under the Indian Penal Code.
S. 165Section 165 provides immunity from lawsuits for Registrar and subordinates acting in good faith under the Act.
S. 166Section 166 restricts civil and revenue courts from having jurisdiction over cooperative society registration, dissolution, and related disputes, which are to be handled by the Registrar.
S. 167Section 167 prevents suits against cooperative societies or officers until two months after written notice is given to the Registrar.
S. 168(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of thi
S. 169Section 169 repeals the Bombay Co-operative Societies Act, 1925, while preserving its prior operations and transferring existing societies and proceedings to the new act.
S. 170Section 170 clarifies that the Companies Act, 1956, does not apply to cooperative societies registered under the Gujarat Cooperative Societies Act, 1961.
S. 1925Rectification of defects in accounts
S. 1942Bom
S. 1948Bom
S. 19821962: Guj
S. 20081962: Guj