Bare ActsThe Kerala Co-operative Societies Act 1969

Section 14B

Partnership of Co-operative Societies

Amendment status not verified — confirm the current text below against the official source.

Partnership of Co-operative Societies.- (1)Any two or more Co-operative Societies with prior permission of the Registrar, may by resolution passed by the majority of the members present and voting at a general body meeting of each of such co-operative societies, may enter into partnership to carry out any one or more specific business. Written notice of the general body meeting shall be given to each member before fifteen clear days of such meeting. (2)The partnership shall be in the interest of the members of the co- operative society or the co-operative societies or shall be in the public interest or shall be in the interest of the co-operative movement in general and it does not mean to be a partnership firm registered under Indian Partnership Act, 1932 (Central Act 9 of 1932)] 24 inserted by Act 8 of 2013 24a existing Section ‘14A’ renumbered as ‘14AA’ and new section ‘14A’ inserted by Act 1 of 2019 15.Cancellation of registration certificates of societies in certain cases.- (1)Where the whole of the assets and liabilities of a society are transferred to another society in accordance with the provisions of section 14, the registration of the first mentioned society shall stand cancelled and that society shall be deemed to have been dissolved and shall cease to exist as a corporate body. (2)Where two or more societies are amalgamated into a new society in accordance with the provisions of section 14 the registration of each of the amalgamating societies shall stand cancelled on the registration of the new society and each amalgamating society shall be deemed to have been dissolved and shall cease to exist as a corporate body. (3)Where a society is divided into two or more societies in accordance with the provisions of section 14, the registration of that society shall stand cancelled on the registration of the new societies and that society shall be deemed to have been dissolved and shall cease to exist as a corporate body. 16.Persons who may become members.-(1)No person shall be admitted as a member of a society except the following, namely:- (a)an individual— (i)who has attained the age of eighteen years: Provided that this sub-clause shall not apply in the case of a society formed exclusively for the benefit of the students of any school or college; (ii)who is not of unsound mind; (iii)who is a resident within, or is in occupation of land in, the area of operation of the society; (b)any other society; 25[(ba) a local self government;] (c)the Government; and (d)any body of persons, whether incorporated or not and whether or not established by or under any law, if such body is approved by the Government in this behalf by general or special order: Provided that in a society formed for the promotion of the economic interests of members through a specified activity no person other than one who is likely to be benefited directly by such activity may be admitted as a member of such society unless such admission is permitted specifically by rules: Provided further that where a society is formed exclusively for the benefit of persons engaged in any particular industry, no person who is not an actual worker in the industry shall be admitted in excess of such percentage of the total membership of the society as may be prescribed: Provided also that the Coffee Board, the Rubber Board and any other statutory or non-statutory Board, Committee or Corporation constituted for the purpose of the development of an industry, may be admitted as a member of a society engaged in marketing and processing of the products of the industry concerned and formed for the workers and growers of such industry, so however that no such Board, Committee or Corporation shall be admitted as a member of a co-operative credit society. 25a[ Provided also that in the case of hospital co-operative societies, industrial and commercial establishments and other organizations registered under any other law may be admitted as members. Explanation:-For the purpose of this sub-section ‘hospital co- operative society’ means a society, the main object of which is to run a hospital or to conduct medical or paramedical courses or to run medical shops;] (2)Membership in any society other than a society formed for the benefit of the Scheduled Castes or the Scheduled Tribes shall not be refused merely on the ground that a person belongs or does not belong to a particular religion, race, community, caste, sect or denomination. A decision on an application for membership shall be taken within two months from the date of receipt of the application. 25b[(2A)Where an application for membership in a society is not disposed of within the time specified in sub-section (2), the Registrar shall be bound, on the written request of the applicant, to determine whether such membership shall be given or not; (2B) Where the Registrar does not, within one month of the date of receipt of such written request, determine whether such membership should be given or not, the applicant may make a representation,- (a)before the Registrar if the request referred to in sub-section (2A) is made to a person on whom, the powers of the Registrar is conferred under sub-section (2) of section 3; or (b)before the Government, if the request referred to in sub- section (2A) is made to the Registrar, and the Registrar or the Government, as the case may be, shall, within thirty days from the date of receipt of such representation determine whether such membership should be given or not.] (3) Where a person is refused admission as a member in a society, the decision refusing admission together with the reasons therefor shall be communicated by the society to that person within a period of fifteen days from the date of the decision. 27[26[16A. xxx] 25, 25a, 25b inserted by Act 1 of 2000 26 inserted by Act 8 of 2013 27 omitted by Act 14 of 2017 17.Expulsion of members.- (1)Any member of a society, who has acted adversely to the interests of the society,28[or has failed to comply with the provisions of the bye- laws] may be expelled upon a resolution of the general body passed at a special meeting convened for the purpose by the votes of not less than two-thirds of the total number of members present and voting at the meeting. (2)No member shall be expelled under sub-section (1) without being given an opportunity of making his representation. (3)A copy of the resolution expelling a member shall be communicated to the member within a period of fifteen days from the date of passing of the resolution. 28 [(4)The expulsion from membership may involve forfeiture of shares held by the member. (5)No member of the society who has been expelled under sub-section (1) shall be eligible for re-admission as a member of that society, for a period of one year from the date of such expulsion.] 28 inserted by Act 8 of 2013 18.Nominal or associate members.-(1)A society may admit any individual as a nominal or associate member: 29d[29c[29b[29[xxx]]]] 29d[29c[29b[29[xxx]]]] 29a[Provided 29c[29b[also]] that a Hospital Co-operative Society may admit any other society as nominal or associate member. Explanation.-The term ‘hospital co-operative society’ shall have the same meaning as in the Explanation to the fourth proviso to sub-section (1) of section 16.] 29g[xxx] 29g[xxx] (2)A nominal or associate member shall not be entitled to any share, in any form whatsoever, in the assets or profits of the society or to be elected to the committee of a society. (3)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. 29 added by Act 15 of 1997 29a inserted by Act 1 of 2000 29b omitted by Act 3 of 2002 29c inserted by Act 9 of 2009 29d omitted by Act 13 of 2012 29e inserted by Act 24 of 2014 29f inserted by Act 14 of 2017 29g omitted by Act 1/2019 19.Member not to exercise rights till due payment made.-No member of a society shall exercise the rights of a member unless he has made such payments to the society in respect of membership or has acquired such interest in the society, as may be prescribed by the rules or the bye-laws. 30a[30[19A. xxx]

Section 14B – The Kerala Co-operative Societies Act 1969 | DailyLaw.ai