Section 60

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

Restrictions on other transactions with non-members.– Save as is provided in sections 58 and 59, the transactions of a society with persons other than members shall be subjected to such restrictions, if any, as may be prescribed. 51 inserted by Act 7/2010 51a substituted by Act 15/1997 51b substituted by Act 1 of 2019 61.Provident Fund.-(1) A society shall establish a contributory provident fund for the benefit of its employees, to which shall be credited all contributions made by the employees and the society in accordance with the rules or the Employees Provident Funds Act, 1952 (Central Act 19 of 1952) whichever is more beneficial: 52[Provided that the contributory provident fund established under this sub- section shall not apply to the employees of such society to which the provisions of the Self Financing Pension Scheme framed under sub- section (1) of section 80A are made applicable and such society shall establish a Provident Fund in such manner and subject to such conditions or restrictions, as may be prescribed, for the benefit of such employees.] (2)52a[A provident fund, whether contributory or not], established by a 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; (c)shall not be liable to attachment or be subject to any other process of any court or other authority; (d)shall be deposited in the financing bank of the area. 62.Gratuity.-The employees of a society shall be entitled to gratuity at such rates and on such conditions as prescribed. 52 inserted & 52a substituted by Act 16 of 1993 53[CHAPTER VIII PART - A AUDIT 63.Director of Co-operative Audit.-(1)The Government shall by notification in the official gazette, appoint a person to be the Director of Co- operative Audit with jurisdiction over the whole of the State. (2)The qualification and the terms and conditions of the person to be appointed as the Director of Co-operative Audit shall be such, as may be prescribed. 54e[(3)The Government may by general or special order, delegate all or any of the powers of the Director of Co-operative Audit, in the Act to his subordinate officers] 54[or to the subordinate officers of the Registrar.] 54b[(4)It shall be the duty of the managing committee cause to audit the accounts of every society at least once every year: Provided that the accounts of every society shall be audited within six months of the close of the financial year to which such accounts relate.] 54c[54g[(5)The procedure to be adopted in auditing the accounts of different types of co-operative societies should be in the manner specified in the audit manual approved by Director of Co-operative Audit or guidelines, directions as may be issued, from time to time, by the Registrar, the National Bank for Agricultural and Rural Development or Reserve Bank of India, as the case may be, from time to time. (5A) It shall be the duty of the Director of Co-operative Audit in consultation with the Registrar to revise, amend or update audit manual in every five years, as may be prescribed.] (6)Notwithstanding anything contained in any other law for the time being in force, the Audit Certificate issued by the Director of Co-operative Audit or by any officer authorized by him shall be valid for all purposes required to be filed before the State Government and non-Governmental authorities.] 54f[(7)The Director of Co-operative Audit shall be under the control of the Registrar of Co-operative Societies.] 54d[(8)The minimum qualification and experience of auditors for auditing accounts of the Co-operative society may be such, as may be prescribed. (9)Every Co-operative Society shall cause to be audited by an auditor or auditors or team of auditors referred to in sub-section (8) appointed by the general body or special general body from among the panel of auditors approved by the Director of Co-operative Audit: Provided that if there are no auditors available from the above panel, the general body of a society may appoint auditing firms from among a panel approved by the Director of co-operative Audit. (10)The financial accounts of all apex societies shall be audited by auditing firms from among the panel approved by the Director of Co-operative Audit and the administrative matters and related accounts of assisted apex societies shall be audited by the departmental auditors from among the panel approved by the Director of Co-operative Audit as may be prescribed and submit the audit reports to the Director of Co-operative Audit. (11)The audit report of the accounts of an apex co-operative society which includes the report on administrative matters, shall be laid by the Government before the Legislative Assembly, in the manner prescribed. (12)It is the responsibility of the managing committee to convene general body meeting or special general body meeting in order to appoint auditors or auditing firms within the stipulated time from among the panel approved by the Director of Co-operative Audit, failing which, the members of the managing committee shall cease to hold their office. In such cases to avoid administrative stalemate, the Registrar may suo moto or on application from the Director of Co-operative Audit or from any person authorized in this behalf, appoint an Administrator or an Administrative Committee consist of not more than three persons, who need not be members of the society, one among them as convener, to manage the affairs of the society, for a period not exceeding six months as may be specified in the order: Provided that Administrator or Administrative Committee shall arrange for the constitution of a new committee or for entering upon office of the new committee, as the case may be.] 54a[(13)The Government may issue notification, either prospectively or retrospectively, by publishing the same in the Gazette, to carry out the purposes of this section.] 53 substituted by Act 1/2000 54, 54a inserted by Act 22/2013 54b, 54c substituted & 54d inserted by Act 8/2013 54e substituted & 54f inserted by Act 7/2010 54g inserted by Act 9/2009 64.Scope of audit, powers of the Director of Co-operative Audit and procedure for audit.- (1) The audit shall include an examination of overdue debts, if any, the verification of the cash balance and securities and a valuation of the assets and liabilities of the society concerned and such other audit matters, as may be prescribed. (2)For the purpose of audit, the Director of Co-operative Audit or the person authorised by him under section 63 shall have the following powers, namely:- (a)he shall, at all reasonable times, have access to all the books, accounts, documents, papers and all other relevant records, securities, cash and other properties belonging to, or in the custody or control of the society; (b) he may summon any person in possession of, or responsible for the custody, of any such books, accounts, documents, papers, other records, securities, cash or other properties, to produce the same at any place at the headquarters of the society or any branch thereof, where there is no working office for a society, at the office of the Director of Co-operative Audit or at the office of any of his subordinate officers, as maybe specified by him; and (c)such other powers as may be prescribed. (3)Every person who is or has been, at any time, an officer or employee of the society and every member and past member of the society, who is in possession of any information and records in regard to the transactions and working of the society, shall furnish such information in regard to the transactions and working of the society, as the Director or the person authorised by the Government under sub-section (3) of section 63 may require. 55[(4)The financial statements and other statutory statements as required by auditors shall be prepared by the chief executive of the society within one month from the date of close of the financial year and submit it before managing committee and the fact shall be reported to the Director of Co- operative Audit or to the persons authorized by him in this behalf. (4A)It shall be the duty of the managing committee of every society to ensure the accuracy of financial and other statutory statements. It is the responsibility of the managing committee to submit the above statements for audit within one month from the date of receipt of the above statements before the auditor. Lapse on the part of managing committee in this regard will be considered as disqualification to hold office and they shall cease to be a member of the committee as may be prescribed. In such cases to avoid administrative stalemate, the Registrar may suo moto or on application from the Director of Co-operative Audit or by any person authorized in this behalf, appoint an Administrator or an administrative committee consisting of not more than three persons, who need not be members of the society, one among them as convener, to manage the affairs of the society, for a period not exceeding six months as may be specified in the order: Provided that administrator or administrative committee shall arrange for the constitution of a new committee, or for entering upon office of the new committee, as the case may be. (4B)Within three months from the date of receipt of the audit report, the Director of Co-operative Audit shall issue an audit certificate to the concerned society with a copy of audit memorandum as may be prescribed.] 55a[(5)The Auditor or auditing firms appointed as per Section 63 shall complete the audit within four months from the date of receipt of the statements and submit audit report to the Director of Co-operative Audit or to the persons authorized by him in this behalf.] (6)The amount of fee 55c[or cost] for the audit of accounts of society for each year shall be such, as may be fixed by the Director of Co-operative Audit, in accordance with the rules made in this behalf. (7)The fee 55c[or cost] shall be paid by the society concerned within thirty days of intimation thereof and in case of non-payment of the fee 55c[or cost] within the period it shall be recoverable in the manner specified in section79 55b[or can be recovered from the account maintained in the financing bank by the society, through an order issued by the Registrar upon the request from the Director of Co-operative Audit.] (8)The procedure for payment of the fee 55c[or cost] shall be such, as may be prescribed. (9)If the result of the audit held under section 63 discloses any defects in the working of a society, the Director of Co-operative Audit may bring such defects to the notice of the society and if the society is affiliated to another society, also to the notice of that other society. (10)If the result of the audit held under section 63 discloses any serious defect in the working of the society, the Director of Co-operative Audit or the person authorized by him shall communicate the same forthwith to the Registrar for immediate further action. (11)The Director of Co-operative Audit may, by order in writing, direct the society or its officers to take such action, as may be specified in the order, within the time mentioned therein to rectify the defects disclosed in the audit, under intimation to the Registrar. 55d[(12)Notwithstanding anything contained in this Act it shall be the duty of the committee of a society,- (a) to request the Director of Co-operative Audit to get its accounts audited every year by remitting the required fee or cost for audit in advance or as determined by the Director of Co-operative Audit and to get its books, accounts, financial statements and all other statements required by the auditor for audit, written up and completed and to submit them for audit through its Chief Executive, to the Director of Co-operative Audit or officer authorized by him for the purpose of audit within the time limit stipulated in sub-section (4), before a request for audit is made to the Director of Co-operative Audit; (b) to place the audit certificate in full before the general body or the representative general body and to read over to the general body or Representative General body of the defects mentioned in it and also to place the rectification reports of each defects before the general body or the Representative General body. (c) to rectify all the defects mentioned in the audit certificate and to submit the rectification reports on the defects mentioned in the audit certificate, to the Director of Co-operative Audit and to the Registrar within two months of the receipt of the audit certificate.] 55 substituted & 55a inserted by Act 8/2013 55c, 55d inserted by Act 7/2010 PART – B INQUIRY, SUSPENSION, IVESTIGATION AND SURCHARGE 65.Inquiry by the Registrar.-(1)The Registrar may,- (a)on his own motion; or (b)on an inquiry report of the Vigilance Officer appointed under section 68A; or (c) on a report of the Director of Co-operative Audit appointed under section 63; or (d)on an application by the majority of the members of the committee of the society, or by not less than one third of the quorum for the general body meeting, whichever is less; or (e)on an application by the apex society or financing bank of which such society is a member; or (f)on an application of a society to which the society concerned is affiliated; hold an enquiry by himself or by a person authorized by order in writing, into the constitution, working and financial condition of the society, if he is satisfied that it is necessary so to do. (2)The Registrar or the person authorized by him under sub-section (1) shall, for the purpose of an inquiry under this section, have the following powers, namely:- (a)he shall, at all reasonable times, have free access to the books, accounts, documents, securities, cash and other properties belonging to, or in the custody of the society and may summon any person in possession of or responsible for the custody of any such books, accounts, documents, securities, cash or other properties, to produce the same at any place at the headquarters of the society or at any branch thereof or where there is no working office for the society, at the office of the Registrar or at the office of any of his subordinate officers; (b)he may summon any person who, he has reason to believe, has knowledge of any of the affairs of the society, to appear before him at any place at the headquarters of the society or any branch thereof and may examine such person on oath; and (c) (i) he may, notwithstanding any rule or bye-law specifying the period of notice for a general body meeting of the society, himself call a general body meeting or require the President or Secretary of the society to call a general body meeting at such time and place at the headquarters of the society or any branch thereof, to determine such matters as may be directed by him; (ii)any meeting called under sub-clause (i), shall have all the powers of a general body meeting called under the bye-laws of the society. (3)When an inquiry is made under this section, the Registrar may communicate the result of the inquiry to the financing bank, if any, to the society to which such society is affiliated and to the Circle Co-operative Union. (4)When an inquiry made under this section reveals only minor defects which, in the opinion of the Registrar, can be remedied by the society, he shall communicate the result of the inquiry to the society and the society, if any, to which that society is affiliated. He shall also direct the society or its officers to take such action within the time specified therein to rectify the defects disclosed in such inquiry. (5)The inquiry under this section shall be completed within a period of six months 56[which period may at the discretion of the Registrar and for reasons to be recorded in writing, be extended from time to time, so however that the aggregate period shall not in any way, exceed one year.] (6)If the Registrar, on completion of the inquiry finds that there is a major defect in the constitution or working or financial condition of the society, he may initiate action in accordance with the provisions of section 32. 56 inserted by Act 8/2013 66.Supervision and Inspection.- (1) The Registrar shall supervise or cause to be supervised by a person authorised by him by general or special order in writing in this behalf, the working of every society as frequently, as he may consider necessary. The supervision under this sub-section may include an inspection of the books of the society. (2)The Registrar may, on his own motion, or on the application of a creditor of a society, inspect or direct any person authorized by him, by order in writing in this behalf, to inspect the books of the society: Provided that no such inspection shall be made on the application of a creditor unless the applicant,- (a)satisfies the Registrar that the debt is a sum then due and that he has demanded payment thereof and has not received satisfaction within a reasonable time; and (b)deposits with the Registrar such a sum as security for the costs of the proposed inspection as the Registrar may require. (3)Where the inspection under sub-section (2) is made on the application of a creditor, the Registrar shall communicate the result of such inspection to such creditor. 57a[(4)The Registrar or any person authorised by him under sub- section (1) or sub-section (2) shall at all reasonable time have free access to and have power to inspect the books, records, accounts, documents, securities, cash balance and other properties belonging to the society and may summon any person in possession of or responsible for the custody of such books, records, accounts , documents, securities, cash balance and other properties, to produce the same for inspection at any place at the Headquarters of the society or any branch thereof or where there is no working office for the society, at the office of the Registrar or at the office of any of his subordinate officers. (4A)It shall be the duty of every officer and employee of the society to co-operate with and assist in such supervision or inspection, to furnish any information that may be required for the purpose and to produce the books, records, cash balance etc. referred to in sub-section (4), on demand by such officer, failing which it shall be treated as an offence under sub- section (4) of section 94]. (5)The Registrar or the person authorized by him under sub- section (1) or sub-section (2) may, by order in writing, direct the society or its officers to take such action, as may be specified in such order, within the time that may be mentioned in such order. (6)The Circle Co-operative Union shall have the power to direct that a non-official member thereof shall be present at an inspection under sub- section (2): Provided that such non-official member shall not have the power to make the inspection himself. (7)Apex Society or Federal Co-operative Society or a financing bank shall have the right to inspect the books of any registered society which is affiliated to it, through its officers. (8)An officer of an Apex Society or Federal Co-operative Society or a financing bank, inspecting the books of a society shall at all reasonable times have the access to the books, accounts, documents, securities, cash and other properties belonging to the society and may call for such information, statements and return, as may be necessary to ascertain the financial condition of the society and the safety of the sums lent to it. (9)An officer referred to in sub-section (8) shall also have power to summon any person in possession of or responsible for the custody of any books, accounts, documents, securities, cash and other properties, referred to in that sub-section to produce the same for inspection or verification at any place at the headquarters of the society or any branch thereof. (10)Apex Society or Federal Co-operative Society or the financing bank may also report to the Registrar about the action to be taken against the society, as a result of the inspection by its officers. 57b[(11)Notwithstanding anything contained in sub-section (1) and (2) above, the Registrar or his subordinate officers authorized by him under sub-section (1) shall have power to hold an enquiry with necessary records of a society, on any petition received, and to inspect the affairs of the society periodically, in such cases, the inspecting officers shall have same powers as specified in sub-section (4). Explanation I- The “affairs of a society” for the purpose of this sub-section includes, among other things, matters relating to administration, management and the business of a society. Explanation II- The duty of the officers and chief executive of a society and the nature of offences and penalties mentioned in 57[sub-section (4A)] shall be applicable to this sub section also.] 57 substituted by Act 22/2013 57a substituted & 57b inserted by Act 7/2010 58[58a[66A. Powers of Registrar to give directions.- Subject to the provisions of the Act and the Rules made there under, the Registrar may issue general directions and guidelines to any or all of the co-operative societies in furtherance of the purposes of the Act or for implementing Government policies for the benefit of the members and the general public.]] 58a[66B. Suspension of Officers.- If the Registrar, in the course of any inquiry under section 65 or on inspection under section 66 or on audit under section 64 or on the report of Vigilance Officer appointed under section 68A, is satisfied that any officer other than the President, Vice President, Chairman, Vice Chairman and member of the committee of any society, has done any act detrimental to the interest of the society or its members and that there is reason to believe that such officer has indulged in misappropriation, manipulation of accounts, forgery, destruction or tampering of records of the society, he may, for reasons to be recorded in writing issue a direction to the committee of the said society to suspend the officer or officers responsible for the offence forthwith.] 58 substituted by Act 7/2010 58a inserted by Act 1/2000 59[66 C. Submission of returns to the Registrar.-Every Co- operative Society shall file returns, within six months of the closure of every financial year, before the Registrar, containing the following particulars, namely:- (a)a comprehensive annual report of its activities; (b)its audited statements of accounts; (c)plan for surplus disposal as approved by the general body of the Co-operative Society; (d)list of amendments to the bye-laws of the co-operative society , if any; (e)declaration regarding date of holding of its general body meeting and conduct of elections when due; and (f)any other information required by the Registrar in pursuance of any of the provisions of this Act or the rules.] 59 inserted by Act 8/2013 67.Cost of inquiry or inspection.- Where an inquiry is held under section 65, or an inspection is held under section 66 on the application of a creditor, the Registrar may, by order, apportion the cost, or such portion of the cost, as he may deem fit, between the society to which the society concerned is affiliated, the society, the member or creditor demanding an inquiry or inspection and the officers or former officers, of the society: Provided that— (a)no order of apportionment of the cost 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. 68.Surcharge.- (1) If in the course of an audit, inquiry, inspection or the winding up of a society, it is found that any person, who is or was entrusted with the organization or management of such society or who is or has, at any time been an officer or an employee of the society, has made any payment contrary to the Act and the rules or the bye-laws, or has caused any loss or damage in the assets of the society by breach of trust, or wilful negligence or mismanagement or has misappropriated or fraudulently retained any money or other property belonging to such society or has destroyed or caused the destruction of the records, the Registrar may, of his own motion or on the application of the committee, liquidator or any creditor, inquire himself or direct any person authorised by him by an order in writing in this behalf, to inquire into the conduct of such person. (2) Where an inquiry is made under sub-section (1), the Registrar may, after giving the person concerned, an opportunity of being heard, by order in writing, require him to repay or restore the money or other property or any part thereof, with interest at such rate, or to pay contribution and costs or compensation to such extent, as the Registrar may consider just and equitable. 60[(3)Where the money, property, interest, cost or compensation is not repaid or restored as per sub-section (2), the Registrar shall take urgent steps to recover such amounts from the concerned persons as arrears of public revenue due on land as specified in Section 79 of the Act.] 60 inserted by Act 7/2010 61[68A. Vigilance Officer.- (1)The Government shall appoint an officer, not below the rank of Deputy Inspector General of Police, as Vigilance Officer with powers to inquire into and investigate the cases of misappropriation, corruption and any other major irregularity in the societies as may be referred to him by the Registrar. (2)The Vigilance Officer shall conduct the inquiry and investigation in such manner, as may be prescribed. (3)The Vigilance Officer shall be under the administrative control of the Registrar of Co-operative Societies: Provided that the powers of the Registrar of Co-operative Societies under this section shall not be conferred on any other person.] 61 inserted by Act 1/2000 62 [62a[CHAPTER IX SETTLEMENT OF DISPUTES 69.Disputes to be decided by Co-operative Arbitration Court and Registrar.- (1) Notwithstanding anything contained in any law for the time being in force, if a dispute arises,- (a)among members, past members and persons claiming through members, past members and deceased members; or (b)between a member, past member or person claiming through a member, a past member or deceased member and the society, its committee or any officer, agent or employee of the society; or (c)between the society or its committee and any past committee any officer, agent or employee or any past officer, past agent or past employee or the nominee, heirs or legal representatives of any deceased officer, deceased agent or deceased employee of the society; or (d)between the society and any other society; or (e)between a society and the members of a society affiliated to it ; or (f)between the society and a person, other than a member of the society, who has been granted a loan by the society or with whom the society has or had business transactions or any person claiming through such a person; or (g)between the society and a surety of a member, past member, deceased member or employee or a person, other than a member, who has been granted a loan by the society, whether such a surety is or is not a member of the society; or (h)between the society and a creditor of the society, such dispute shall be referred to the Co-operative Arbitration Court constituted under section 70A in the case of non- monetary disputes and to the Registrar, in the case of monetary disputes; and the Arbitration Court, or the Registrar, as the case may be, shall decide such dispute and no other court or other authority shall have jurisdiction to entertain any suit or other proceedings in respect of such dispute. 63a[63b[XXX]] (2)For the purposes of sub-section (1), the following shall also be deemed to be disputes, namely:- (a)a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not; (b)a claim by a surety against the principal debtor, where the society has recovered from the surety any amount in respect of any debt or demand due to it 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 the Board of management or any officer of the society; Explanation:- A dispute arising at any stage of an election commencing from the convening of the general body meeting for the election, shall be deemed to be a dispute arising in connection with the election. (d)any dispute arising in connection with employment of officers and servants of the different classes of societies specified in sub-section (1) of section 80, including their promotion and inter se seniority. (3)No dispute arising in connection with the election of the Board of Management or an officer of the society shall be entertained by the Co- operative Arbitration Court unless it is referred to it within one month from the date of the election. 63[(4)All monetary disputes mentioned in Schedule III to the Act shall be filed within the time limit specified in the said Schedule.] 62 substituted by Act 1/2000 62a substituted by Act 15/1997 63 inserted by Act 8/2013 63a substituted by Act 15/1997 63b inserted by Act 29/1986 63(b) and 63(a) “Explanation.- In this section and in section 70, the term “Registrar” means the Registrar of Co-operative Societies appointed under sub-section (1) of section 3 and includes any person on whom the powers of the Registrar under this section and section 70 are conferred.” 64b[69A. Co-operative Ombudsman.- (1)The Government may, by notification in the official Gazette, frame a scheme to be called the “Kerala Co- operative Ombudsman Scheme” with the object of enabling redressal of complaints relating to deficiency in banking or other services rendered by co- operative societies dealing with banking business. (2)The Government may appoint one or more persons as Ombudsman or Ombudsmen to carry out the functions entrusted to them by or under the scheme. (3)The term of office of the Ombudsman or Ombudsmen, as the case may be, shall be three years from the date of their entering office or 64[attaining the age of sixty five years], which ever is earlier. 64a[(4)The Ombudsman or Ombudsmen so appointed under sub section (2) shall be a person or persons having minimum of ten years of Bar practice and having experience and expertise in banking or co-operative field.] (5)The functions, powers, duties etc. of the Ombudsman shall be such, as may be specified in the scheme. (6)The Ombudsman shall be under the control of the Government.] 64 substituted by Act 22/2013 64a substituted by Act 8/2013 64b inserted by Act 7/2010 70.Award on disputes.- (1)The Co-operative Arbitration Court, on receipt of reference of a dispute under sub-section (1) of section 69, shall pass an award 65[within one year] in accordance with the provisions of this Act and the rules and the bye-laws made thereunder and such award shall, subject to the provisions of section 82 , be final. 65a[ 65b[xxx]] (2)The Co-operative Arbitration Court may, pending award of dispute referred to it under section 69, make such interlocutory orders as it may deem necessary in the interest of justice. (3)The Co-operative Arbitration Court shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), while trying a suit in respect of the following matters, namely:- (i)the summoning and enforcing the attendance of any defendant or witness and examining the witness on oath; (ii)the discovery and production of any document or other material object producible as evidence; (iii)the reception of evidence on affidavits; (iv)issuing of any commission for the examination of any witness; and (v)any other matter which may be prescribed. (4)The Registrar may, on receipt of the reference of a dispute under sub- section (1) of section 69, - (a)elect to decide the dispute himself; or (b)transfer it for disposal to any person who has been invested by the Government with powers in that behalf; or (c)refer it for disposal to an arbitrator appointed by the Registrar: Provided that a transfer under clause (b) or a reference under clause (c) shall not be made to a person equal or superior to him in rank. (5)The Registrar may withdraw any reference transferred under clause (b) of sub-section (4) or referred under clause (c) of that sub-section and he may elect to decide the dispute himself or transfer it to any other person under clause (b) of sub-section (4) or refer it to any other arbitrator under clause (c) of that sub-section. (6)The Registrar or the person invested with powers in this behalf shall, decide the dispute or the arbitrator shall pass an award, in accordance with the provisions of this Act and the rules and the bye-laws and such decision or award shall, subject to the provisions of section 82, be final. Pending decision or award, the Registrar, such person or the arbitrator, as the case may be, may make such interlocutory orders as he may deem necessary in the interest of justice. 65 inserted by Act 9/2009 65a omitted by Act 15/1997 65b inserted by Act 29/1986 65(a) & 65(b) “Provided that a transfer under clause (b) or a reference under clause (c) shall not be made to a person equal or superior to him in rank.” 66a[66b[70A.Co-operative Arbitration Courts.-(1)The Government shall constitute such number of Co-operative Arbitration Courts, as are necessary to exercise the powers and discharge the functions conferred on it under this Act. (2)The qualifications, term, salary and allowances and other conditions of service of the person to be appointed as the Co-operative Arbitration court shall be such, as may be decided by the Government from time to time. (3)The Government shall make rules for regulating the procedure and disposal of business of the Co-operative Arbitration Court. 66[(4)The Government or Registrar shall appoint as many officers and employees as may be necessary, to assist the Co-operative Arbitration Court.] (5)The officers and employees referred to in sub-section (4) shall continue to be Government servants for all purposes and their terms and conditions of service shall continue to be the same as applicable to them under the Government.]] 66 substituted by Act 7/2010 66a substituted by Act 1/2000 66b inserted by Act 15/1997 67[67a[70B.Provisions as to pending proceedings.- On the constitution of Co-operative Arbitration Court, every dispute pending before the Registrar or any person invested with the power to dispose of the dispute by the Government or the arbitrator appointed by the Registrar, in respect of non-monitory disputes, relating to the local area of jurisdiction of the Arbitration Court, shall be transferred to such Arbitration Court and the Court shall dispose of the same as if it were a dispute referred to it under section 69.]]] 67 substituted by Act 1/2000 67a inserted by Act 15/1997 CHAPTER – X Winding up and dissolution of Co-operative Societies 71.Winding up of societies.- (1)If the Registrar, after an inquiry has been held under section 65 or an inspection has been made under section 66 or on receipt of an application made by not less than three-fourths of the members of a society, is of opinion that the society ought to be wound up, he may, after giving the society an opportunity of making its representation and in consultation with the financing bank to which the society is affiliated and the circle co-operative union, by order in writing, direct it to be wound up. (2)The Registrar may of his own motion, by order in writing, direct the winding up of a society,- (a)where it is a condition of the registration of the society that the society shall consist of at least twenty-five members and the number of members has been reduced to less than twenty-five; or (b)where the society has not commenced working within six months of its registration, unless extension of time is granted by the Registrar, or has ceased to work; or (c)where the number of actual workers falls below the prescribed limit in the case of a society formed exclusively for the benefit of persons engaged in a particular industry or occupation. 68[(3)If a proposal for revitalization of a society, in respect of which an order under sub-section (2) has been passed, is received by the Registrar within a period of one year from the date of such order, the Registrar may cancel the same and allow the society to continue to exist: Provided that this sub-section shall not apply in the case of a society which does not commence functioning within a period of six months from the date of registration.] 68 substituted by Act 1/2000 72.Liquidator.- (1)Where the Registrar has made an order under section 71 for the winding up of a society, he shall appoint a liquidator for the purpose and may fix his remuneration. (2)The 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 69[83] against an order of winding up of a society made under section 71 such order shall not operate thereafter until it 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 to have authority to take the steps referred to in that sub-section. (4)Where an order of winding up of a society is set aside in appeal, the property, effects and actionable claims of the society shall re-vest in the society. 69 substituted by Act 38/1971 73.Powers of Liquidator.-(1)Subject to any rules made in this behalf, the whole of the assets of a society in respect of which an order of winding up has been made shall vest in the liquidator appointed under section 72 from the date on which the order takes effect and the liquidator shall have power to realise such assets by sale or otherwise. (2)The 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 society by the name of his office; (b)to determine from time to time the contribution (including debts due) to be made or remaining to be made by the members or past members or by the estates or nominees, heirs or legal representatives of deceased members or by any officers or former officers, to the assets of the society; (c)to investigate all claims against the society and, subject to the provisions of this Act, to decide questions of priority arising between claimants; (d)to pay claims against the 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; (f)to determine whether any person is a member, past member or nominee of a deceased member; (g)to give such directions in regard to the collection and distribution of the assets of the society as may appear to him to be necessary for the winding up of the affairs of the society; (h)to carry on the business of the society so far as may be necessary for the beneficial winding up of the same; (i)to make any compromise or arrangement with creditor or persons claiming to be creditors or having or alleging to have any claim, present or future, whereby the society may be rendered liable; and (j)to compromise all calls or liabilities to calls and debt and liabilities capable of resulting in debts and all claims present or future, certain or contingent subsisting or supposed to subsist, between the society and a contributory or alleged contributory or other debtor or person apprehending liability to the society and all questions in any way relating to or affecting the assets or the winding up of the society, on such terms as may be agreed upon and to take any security for the discharge of any such call, liability, debt or claim and give a complete discharge in respect thereof. 70[(2A) The liquidator shall complete the winding up proceedings within a period of three years from the date of his appointment under sub- section (1) of section 72. Explanation,- In computing the period of three years, the period during which an appeal, if any, preferred against an order of winding up of a society under section71 is pending, shall be excluded.] (3)When the affairs of a society have been wound up, the liquidator shall make a report to the Registrar and deposit the records of the society in such place as the Registrar may direct. 70 inserted by Act 1/2000 74.Cancellation of registration of a society.-Where in respect of a society which has been ordered to be wound up under section 71 no liquidator has been appointed under section 72 after two months from the date of such order, or if an appeal has been filed against the order of winding up, from the date of confirmation of the order in appeal, or where the affairs of a society in respect of which a liquidator has been appointed under section 72 have been wound up or where the Registrar is satisfied that the final winding up of the affairs of the society is not possible on account of the destruction of the records, the Registrar shall, by order in writing, cancel the registration of the society and the society shall be deemed to be dissolved and shall cease to exist as a corporate body from the date of such order of cancellation. 71[CHAPTER XA Insured Co-operative Banks