Section 81A

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

Provisions as to certain pending Proceedings.-Every proceeding pending before the Tribunal immediately before the commencement of this Act shall stand transferred to and will be decided by the Tribunal constituted under this Act: Provided that all such proceedings relating to orders passed by the Registrar under sections 32 and 33 of the Act, shall be sent to the Government for their decision. Explanation.- ‘Proceeding’ includes any appeal, revision petition or application for review.] 81 substituted by Act 38/1971 82.Appeals to Tribunal.- 83a[ 83b[(1) Any person aggrieved by.- (a)an award of the Co-operative Arbitration Court under sub- section (1) of section 70; or (b)an order of the Registrar made under clause (ii) of sub-section (8) or clause (ii) of sub- section (9) of section 14; or] (c)any decision of the Registrar made under sub-section (6) of section 70; or 83c[xxx] 83c[xxx] (d)any decision under sub-section (6) of section 70 of the person invested with powers in that behalf by the Government; or (e)any award of the arbitrator under sub-section (6) of section 70, may, within sixty days from the date of such decision or award, as the case may be, appeal to the Tribunal and the Tribunal may pass such orders on the appeal, as it may deem fit.]] 83[(1A)The Tribunal shall pass an order under sub-section (1) within six months with direction to communicate the copies thereof within fifteen days to the parties thereof.] (2) An order passed by the Tribunal under sub-section (1) shall be final. 83 inserted by Act 7/2010 83a substituted by Act 1/2000 83b substituted by Act 15/1997 83c omitted by Act 38/1971 83.Appeals to other authorities.-(1) An appeal shall lie under this section against- (a)an order of the Registrar made under sub-section (2) of section 7 refusing to register a society; or (b)an order of the Registrar made under sub-sections (4) and (6) of section 12 refusing to register an amendment of the bye-laws of a society; or (c)a decision of a society refusing to admit any person as a member of the society or expelling any member of the society; or (d)an order made by the Registrar under section 67 apportioning the cost of inquiry held under section 65 or an inspection made under section 66; or (e)an order of surcharge made by the Registrar under section 68; or (f)an order made by the Registrar under section 71 directing the winding up of a society; or (g)any order made by the Liquidator of a society in exercise of the powers conferred on him by section73; or (h)any order made under section 76; or (i)an order for attachment of any property made by the Registrar under section78; or (j)any order made by any person exercising all or any of the powers of the Registrar. (2)An appeal under sub-section (1) shall be made within sixty days from the date of the order or decision,— (a)If the order or decision was made by the Registrar, to the Government; and (b)in other cases, the Registrar, and the Government or the Registrar, as the case may be, may pass such order on the appeal as they or he may think fit. 84.Revision by Tribunal.- The Tribunal may call for and examine the record of any proceedings in which an appeal lies to it for the purpose of satisfying itself as to the legality or propriety of any decision or order passed and if in any case it shall appear to the Tribunal that any such decision or order should be modified, annulled or revised, the Tribunal may pass such order thereon as it may deem fit: Provided that the Tribunal shall not take any action under this section if— (a)the time for appeal against the decision or order has not expired; or (b)the decision or order has been made the subject-matter of an appeal: Provided further that no order shall be made under this section unless notice has been given to all interested parties and they have been given a reasonable opportunity of being heard. 85.Review of orders by Tribunal.- (1) The Tribunal may, either on the application of the Registrar or on the application of any party interested review its own order in any case and pass in reference there to such order as it thinks fit: Provided that no such application shall be entertained unless the Tribunal is satisfied that there has been a discovery of new and important matter or evidence which after the exercise of due diligence was not within the knowledge of the applicant or could not be produced by him at the time when its order was made or that there has been some mistake or error apparent on the face of the record or that there is any other sufficient reason for reviewing its order: Provided further that no such order shall be made under this sub- section unless notice has been given to all interested parties and they have been given a reasonable opportunity of being heard. (2) An application for review under sub-section (1) by any party shall be made within ninety days from the date of communication of the order of the Tribunal. 86.Interlocutory orders by Tribunal.- Where an appeal is made to the Tribunal under section 82 or where the Tribunal call for the record of a case under section 84, it may, in order to prevent the ends of justice being defeated, make such interlocutory order pending the decision of the appeal or revision as it may deem fit. 87.Powers of revision of Registrar and Government.- (1) The Registrar may of his own motion or on application call for and examine the record of any officer subordinate to him not being an officer exercising the powers of the Registrar, and the Government may of their own motion or on application call for and examine the record of the Registrar including any officer exercising the powers of the Registrar, in respect of any proceeding, not being a proceeding in respect of which an appeal to the Tribunal is provided by section 82, to satisfy himself or themselves as to the regularity of such proceedings, or the correctness, legality or propriety of any decision passed or order made thereon, and if, in any case it appears to the Registrar or the Government that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, he or they may pass orders accordingly: Provided that every application to the Registrar or the Government for the exercise of the powers under this section shall be preferred within three months from the date on which the proceeding, decision or order to which the application relates was communicated to the applicant. (2)No order prejudicial to any person shall be passed under sub- section (1) unless such person has been given an opportunity or making his representation. (3)The Registrar or the Government, as the case may be, may suspend the execution of any decision or order pending the exercise of his or their power under sub-section (1) in respect thereof.. (4)The Registrar or the Government may award costs in proceedings under this section to be paid either out of the funds of the society or by such party to the application for revision as the Registrar or the Government may deem fit. CHAPTER XIV Co-operative Union 84b[84c[88.Constitution of Circle co-operative Unions.-(1) The Government shall, by notification in the Gazette, constitute a Circle Co- operative Union for each circle in the State with the following members, namely:- 84[(a)seven members representing the various categories of affiliated societies within the circle, elected, in such manner as may be prescribed, by the members of the committee of each such category of societies from among themselves;] [(b)two members elected, in such manner as may be prescribed by the employees of the affiliated Co-operative Societies within the circle, from among themselves; (c)one member elected by the women members of the committee of the affiliated societies referred to in clause (a), from among themselves; (d)one member belonging to the Scheduled Castes or Scheduled Tribes elected by the Scheduled Caste or Scheduled Tribe members of the committees of the affiliated societies referred to in clause (a), from among themselves; (e)the Assistant Registrar of Co-operative Societies (Audit), having jurisdiction over the circle , ex-officio; (f)the Assistant Registrar of Co-operative Societies (General), having jurisdiction over the circle, ex-officio, who shall be the Secretary of the Circle Co-operative Union. (2)Each Circle Co-operative Union shall elect one of the members, other than an ex- officio member, to be its Chairman. (3)The term of office of an elected member shall be 84a[five] years from the date on which he enters upon office. (4)The ex-officio members shall have all the powers of an elected member. (5)The affiliated and functioning societies alone shall have the right to vote and contest in the election to the Circle co-operative Union. 84b[xxx]] Explanation.- For the purpose of this sub-section a society which is carrying on activities in accordance with its principal object shall be a functioning society.] 84 substituted by Act 11/2018 84a substituted by Act 1/2000 84b substituted and sub section 6 omitted by Act 15/1997 84c substituted by Act 16/1993 84d clause ‘b’ omitted and clause ‘c’ to ‘g’ renumbered as clause ‘b’- ‘f’ by Act 1 of 2019. 85[88A.Appointment of officer on default or negligence of members of a Circle Co- operative Union.— If the Registrar is satisfied that the members of a Circle Co-operative Union persistently make default or are negligent in the performance of the duties imposed on them as per the provisions of this Act or the rules made there under or commit any act which is prejudicial to the interest of that Circle Co-operative Union or willfully disobey or fail to comply with any lawful order or direction, the Registrar may, after giving the member an opportunity to state their objections, if any, by an order in writing, remove the members and appoint an officer of the Co-operative Department not below the rank of an Assistant Registrar to manage its affairs for a period not exceeding six months as may be specified in the order, 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 case, exceed one year or till the said Circle Co-operative Union is reconstituted, whichever is earlier.] 85 inserted by Act 15/1997 86[88B.Appointment of officer on failure to constitute the Circle Co-operative Union.-Where the term of office of the Circle Co-operative Union has expired and a new union has not been constituted, or where the members of the existing Circle Co-operative Union resigns enblock or where vacancies occur in the Circle Co-operative Union either by resignation or otherwise and the number of remaining members cannot constitute the quorum or where the Circle Co-operative Union fails to hold its regular meeting consecutively for six months or where the Registrar is satisfied,- (i)that a new Circle Co-operative Union cannot be constituted before the expiry of the term of office of the existing Circle Co- operative Union; or (ii)on the date on which the term of office of the existing Circle Co-operative Union expires; or (iii)a new Circle Co-operative Union is prevented from entering upon office or the new Circle Co-operative Union fails to enter upon office, the Registrar may appoint an officer to manage the affairs of the Circle Co-operative Union, for a period of six months as may be specified in the order, 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 case exceed one year or till the said Circle Co-operative Union is reconstituted, whichever is earlier.] 88C.Removal of Chairman.-A committee shall remove from office the Chairman, or any other officer of the committee, if a motion expressing want of confidence in any or all of them is carried with the support of the majority of the members of such committee in accordance with the procedure as may be prescribed.] 86 inserted by Act 8/2013 87a[87b[89. Establishment of State Co-operative Union.- (1)The Government shall, by notification in the Gazette, establish a State Co- operative Union. (2)The State Co-operative Union shall consist of – (a)a general body; and (b)a managing committee 87j[(3)Each of the Circle Co-operative Unions, Apex Societies and Central Societies shall elect a delegate in such manner as may be prescribed, and all such delegates, the employees’ representatives, the representative of the women members, the representative of the members belonging to the Scheduled Castes or Scheduled Tribes, the Ex-officio members and the Government nominees in the managing committee of the State Co-operative Union shall constitute the General Body of the State co-operative Union.] (4)The Managing Committee referred to in clause (b) of sub- section (2) shall consist of the following members, namely:- (a)87i[one member from each Revenue district in the State], elected, in such manner as may be prescribed, by the delegates of the Circle Co-operative Unions, of that District from among themselves; 87j[(b) one members elected, in such manner as may be prescribed, by the delegates of the Apex Societies in the State other than Kerala State Co-operative Bank, from among themselves; 87j(c) two members elected by the board of directors of the Kerala State Co-operative Bank from among themselves;] (d) one member elected, in such manner as may be prescribed by the members of the Circle Co-operative Unions elected under clause (c) of sub-section (1) of section 88, from among themselves 87c[xxx]; (e)one member elected, in such manner as may be prescribed, by the members of the Circle Co-operative Union elected under clause (d) of sub-section (1) of section 88, from among themselves 87d[xxx]; (f)one member elected, in such manner as may be prescribed, by the members of the Circle Co-operative Unions elected under clause (e) of sub-section (1) of section 88, from among themselves; (g)two members nominated by the Government; (h)87e[the Secretary of the State Co-operative Union, ex- officio] (5)The managing committee shall elect one of 87f[its members, other than the ex-officio member] to be the chairman of the State Co-operative Union. (6)The term of office of the members of the general body and of the managing committee of the State Co-operative Union shall be 87[87h[five]] years from the date on which they enter upon office. (7)The Registrar or any Officer, not below the rank of Additional Registrar of Co- operative Societies, nominated by him shall be the Secretary of the State Co-operative Union. 87g[(8)An ex-officio member and a nominated member shall have all the powers of an elected member of the managing committee.]]] 87 inserted by Act 1/2000 87a substituted by Act 15/1997` 87b substituted by Act 16/1993 87c omitted, 87d, 87e, 87g inserted & 87f substituted by Act 5/1992 87h substituted by Act 29/1986 87i substituted by Act 38/1971 87j sub-section 3 and class (b) and (c) of sub-section (4) substituted by Act 1 of 2019 Inserted by Act 1 of 2019 Amendment of Section 89.- In section 89 of the principal Act,- (i) For sub-section (3) the following sub-section shall be substituted, namely:- “(3) Each of the Circle Co-operative Unions, apex societies and central societies shall elect a delegate in such manner as may be prescribed, and all such delegates, the employees’ representatives, the representative of the women members, the representatives of the members belonging to the Scheduled Castes or Scheduled Tribes, the ex-officio members and the Government nominees in the managing committee of the State Co-operative Union shall constitute the General Body of the State Co-operative Union.”; (ii) in sub-section (4),- (a) for clause (b) the following clause shall be substituted, namely:- “(b) one member elected, in such manner as may be prescribed, by the delegates of the apex societies in the State other than the Kerala State Co- operative Bank, from among themselves;”; (b) for clause (c) the following clause shall be substituted, namely:- (c) “(c) two members elected by the Board of Directors of the Kerala State Co-operative Bank from among themselves;”. 88[89A.Appointment of officer or committee of default on negligence of the managing committee of the State Co-operative Union.-If the Government are satisfied that the managing committee of the State Co-operative Union persistently makes default or is negligent in the performance of the duties imposed on it by the provision of this Act or the rules made thereunder or commits any act which is prejudicial to the interest of the State Co-operative Union or willfully disobeys or fails to comply with any lawful order or direction issued under this Act or the rules, the Government may, after giving the managing committee an opportunity to state its objections, if any, by order in writing, remove the members and appoint an officer of the Co-operative Department not below the rank of an Additional Registrar or a committee consisting of three members to manage its affairs for a period not exceeding six months, as may be specified in the order, which period, at the discretion of the Government and for reasons to be recorded in writing, be extended, from time to time; so, however, that the aggregate period shall not, in any case, exceed one year or till the State Co-operative Union is reconstituted, whichever is earlier.] 88 inserted by Act 15/1997 89[89B. Appointment of officers or committee on failure to constitute the managing committee of the State Co-operative Union.-Where the term of the managing committee of the State Co-operative Union has expired and a new managing committee has not been constituted or where the members of the existing managing committee resigns enblock or where vacancies occur in the managing committee either by resignation or otherwise and the number of remaining members cannot constitute the quorum or where the State Co- operative Union fails to hold its regular meeting consecutively for six months or where the Government are satisfied,— (i)that a new managing committee cannot be constituted before the expiry of the term of office of the existing managing committee; or (ii)that on the date on which the term of the existing managing committee expires; or (iii)that a new managing committee is prevented from entering upon office or a new managing committee fails to enter upon office, the Government may appoint an Officer of the Co-operative Department to manage the affairs of the State Co-operative Union, for a period of six months as may be specified in the order, which period may at the discretion of the Government and for reasons to be recorded in writing, be extended from time to time, so however that the aggregate period shall not in any case exceed one year or till the managing committee is reconstituted, which ever is earlier.] 90[89.C Removal of Chairman, Vice-chairman etc..-The committee shall remove from office the Chairman, the Vice-Chairman or any other officer of the committee if a motion expressing want of confidence in any or all of them is carried with the support of the majority of the members of such committee in accordance with the procedure as may be prescribed.] 89 & 90 inserted by Act 8/2013 90.Co-operative Societies to affiliate to State Co-operative Union.- (1) Every co- operative society in the State shall, within a period of six months from the commencement of this Act, or within a period of six months from the date of its registration, whichever period expires later, get itself affiliated to the State Co-operative Union. (2)The affiliation under sub-section (1) shall be in force for a period of one year from the date of affiliation and shall be renewed on the expiry of that period. (3)The fees payable by a co-operative society for an affiliation to the State Co-operative Union or for the renewal of such affiliation shall be such as may be prescribed. (4)If any co-operative society fails to affiliate to the State Co- operative Union as required by sub-section (1) or to renew such affiliation as required by sub-section (2), such society shall not be entitled to any of the privileges conferred on a co-operative society 91[under chapter V of this Act.] 91 substituted by Act 16/1993 91.Functions of State Co-operative Union.- (1) The functions of the State Co- operative Union shall be— (a)to organize, assist and generally develop co-operative societies; (b)to carry on co-operative propaganda; and (c)to spread education on co-operative principles and practices; 92[(d) to participate in the developmental activities and decentralized planning of the Local authorities; (e) to organize training programmes for the employees of the societies and for the members of the committee and to ensure their participation in such programmes.] (2) The State Co-operative Union shall perform such other functions as may be prescribed. 92 inserted by Act 1/2000 92.Assets, liabilities, etc., of Regional Unions.- (1) Notwithstanding anything contained in this Act or in the bye-laws of the Cochin Central Co-operative Institute Ltd., the Malabar Co-operative Institute Ltd., and the South Kerala Co- operative Union Ltd., all properties and all rights of whatever kind used, enjoyed or possessed by and all interest of whatever kind owned by or vested in or held by them and all liabilities legally subsisting against them shall on and from the date of commencement of this Act and subject to such directions as may be issued by the Registrar by general or special order made in this behalf, pass to the Kerala State Co-operative Union Ltd. (2)The duties performed and the functions discharged by the aforesaid societies shall be performed and discharged by the Kerala State Co- operative Union Ltd., and the employees of the said societies shall become the employees of the Kerala State Co- operative Union Ltd. (3)The management of the Kerala State Co-operative Union Ltd., shall, notwithstanding anything contrary in the bye-laws thereof, be vested in a committee consisting of all the members of the Board of Directors of the aforesaid societies including the Kerala State Co-operative Union Ltd. 93.Assets, liabilities etc., of State Union.-On a date to be notified by the Government after the formation of the State Co-operative Union under section 89, all properties and all rights of whatever kind used, enjoyed or possessed by and all interests of whatever kind owned by or vested in or held by and all liabilities legally subsisting against the Kerala State Co-operative Union Ltd., shall subject to such directions as may be issued by the Registrar, vest in the State Co-operative Union so formed and all the employees of the Kerala State Co-operative Union. Ltd., shall become the employees of the State Co- operative Union. CHAPTER XV Offences and Penalties 94.Offences.-(1) No person other than a society shall trade or carry on business under any name or title of which the word ‘co-operative’ or its equivalent in any Indian language is part without the sanction of the Government: Provided that nothing in this section shall apply in any area to the use by any person or his successor in interest of any name or title under which he carried on business at the date on which the Co-operative Societies Act, 1912 (Central Act 2 of 1912), the Co- operative Societies Act (Travancore Act X of 1089) or the Cochin Co-operative Societies Act, XXVI of 1113, as the case may be, came into operation in that area. (2)Any person carrying on any trade or business in contravention of sub-section (1) shall be punishable with fine which may extend to 93d[two thousand rupees.] (3)Any member or past member or the nominee, heir or legal representative of a deceased member of a society who contravenes the provisions of section 35 by disposing of any property in respect of which the society is entitled to have a first charge under that section or does any other act to the prejudice of such claim, shall be punishable with fine which may extend to 93d[two thousand rupees]. (4)The committee of a society or an officer or member thereof willfully making a false return or furnishing false information or failing to produce cash balance on demand or failing to make the records available for audit, inquiry or inspection, or any person willfully or without any reasonable excuse disobeying any summons, requisition or lawful written order issued under the provisions of this Act or willfully not furnishing any information required from him by a person authorized in this behalf under the provisions of this Act, shall be punishable with fine which may extend to 93d[five thousand rupees.] 93[(4A)Any officer or custodian, willfully fails to handover custody of books, accounts, documents, records, cash, security and other property belonging to a society of which he is an officer or custodian, to an authorized officer such as Administrator, Administrative Committee, Liquidator, Auditor, or to any person authorized in this behalf by the Registrar or by the Director of Co-operative Audit, shall be punishable with imprisonment for a term which may extent to one year or with fine which may extent to five thousand rupees or with both. (4B)Whoever, before, during or after the election of members of the committee or of office bearer or of delegates indulges in or adopt any corrupt practices mentioned hereunder shall be punishable with imprisonment which may extent up to six months or with fine which may extent up to one thousand rupees or with both,— (a)fraudulently defaces or fraudulently destroys any nomination paper; or (b)fraudulently defaces, destroys or removes any lists, notice or other document affixed by or under the authority of the Co-operative Election Commission or the Electoral Officer or the Retuning Officer; or (c)fraudulently defaces or fraudulently destroys any ballot paper or the official mark or the ballot box or any identity card for election relating to any society; or (d)supplies any forged ballot paper or forged identity card; or (e)fraudulently put any other matter other than ballot paper in the ballot box which he is not authorized by law; or (f)commits any criminal offence against the Electoral Officer or the Returning Officer or the Polling Personnel or other office bearers and employees of a society; or (g)offers any gift or promise with the intention to influence members to vote in favour of him or to any other person; or (h)compel any person to withdraw or not to withdraw from being a candidate at an election to any society.] (5)Any employer or officer who, without sufficient cause,— (a)fails to deduct any amount as required by sub-section (2) of section 37; or (b)fails to pay to a society the amount deducted by him under that sub-section within a period of seven days from the date on which such deduction is made, shall be punishable with fine which may extend to 93d[five thousand rupees]. (6)If any person collecting the share money for a society in formation does not deposit the same in the State Co-operative Bank, 93e[xx] a Postal Savings Bank or in any other bank approved by the Registrar within fourteen days of its receipt, he shall be punishable with fine which may extend to 93d[five thousand rupees]. (7)If any person collecting the share money for a society in formation makes use of the funds so raised for conducting any trade or business in the name of the society to be registered or otherwise, he shall be punishable with fine which may extend to 93d[five thousand rupees]. 93a[(8)If any officer, employee, agent, servant of a society or any other person dealing with the society misappropriates or unauthorisedly or illegally keeps any money belonging to that society, he shall be punishable with imprisonment for a term which may extend to 93d[three years] and with fine which may extend to 93d[twice the amount of money involved in the offence]]. 93b[(8A)If any person dishonestly or fraudulently makes or executes or cause to make or execute, any false or improper document or valuation certificate or project report or register or cause to register any fictitious company or firm or society in order to support any application for loan and thereby induces any society to deliver any loan to him or to any other person which causes loss to the society, he shall be punishable with imprisonment for a term which may extent to three years and with fine which may extent to twice the amount of money involved in the offence. (8B)If any officer, employee, member, agent or servant of a society or any other person abets, connives or conspires the commission of an offence punishable under sub-section (8A), he shall be punishable with imprisonment for a term which may extent to three years and with fine which may extent to twice the amount of money involved in the offence.] (9)The provisions of this section shall be without prejudice to any action that may be taken against the offenders under any other law for the time being in force. 93c[(10)The Vigilance Officer appointed under section 68A shall have power of litigation and power to make complaints before a court of law in respect of offences mentioned in sub-sections (2), (3), (4), (5), (6) and (7) of this section subject to section 95. (11)Amount of fine mentioned in sub-sections (4), (5), (6), (7), (8), (8A) and (8B) of this section shall not be met from the funds of the society.] 93 inserted by Act 8/2013 93a substituted & 93b, 93c inserted by Act 7/2010 93d substituted by Act 1/2000 93e omitted by Act 1 of 2019 95.Cognizance of offences.- 94[94a[(1)The offences punishable under sub- sections (4A), (4B), (8), (8A) and (8B) of section 94 shall be cognizable.] (2)Where a sentence of fine is imposed under sub-section (8), (8A) or (8B) of section 94, the court in fixing the amount of the fine shall take into consideration the amount involved in the offence, the amount or value of the property, if any, which the accused person has obtained by committing the offence and the loss caused to the society. (3)When a court imposes a sentence of which fine forms a part, the court may, when passing judgement, order the whole or any part of the fine recovered to be applied in the payment to the society as compensation for any loss caused by the offence. (4)No prosecution shall be instituted under sub-section (2), (3), (4), (5), (6) and (7) of section 94 without the previous sanction of the Registrar.] 94 substituted by Act 8/2013 94a substituted by Act 7/2010 95[95A.Offences by companies.-(1)If the person committing any offence under this Act is a company, the Company as well as every person in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in the sub section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all the diligence to prevent the commission of such offence. (2)Notwithstanding anything contained in sub section(1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributed to any neglect on the part of any Director, Manager, Secretary or other Officer, of the Company, such Director, Manager, Secretary or other Officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation- For the purpose of this section, — (a)‘Company’ means any body corporate and includes a firm or other association of individuals or a society or a co-operative society, (b)‘Director’ in relation to firm, means partner in the ‘firm.] 95 inserted by Act 7/2010 CHAPTER XVI Miscellaneous 96.Address of a society.- Every society shall have an address registered in accordance with the rules to which all notices and communications may be sent and shall send to the Registrar, notice of any change thereof within thirty days of the change. 97.Copy of Act, rules and bye-laws to be open to inspection.-Every society shall keep a copy of this Act, the rules and its bye-laws open to inspection free of charge at all reasonable times at the registered address of the society. 98.Tribunal, Registrar, etc., to have certain powers of civil court.- (1) In exercising the functions conferred on it or him by or under this Act, the Tribunal, the Registrar, the Arbitrator or any other person deciding a dispute and the liquidator of a society shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) in respect of the following matters, namely:- (a)summoning and enforcing the attendance of any person and examining him on oath; (b)requiring the discovery and production of any document; (c)receiving evidence on affidavits; and (d)issuing commissions for examination of witnesses. (2) In the case of any affidavit, any officer appointed by the Tribunal, the Registrar, the Arbitrator or any other person deciding a dispute or the liquidator, as the case may be, in this behalf may administer the oath to the deponent. 96[99.Orders to be pronounced.- In cases where parties have been heard, the order, decision or award made or given by the Registrar, the Tribunal, the Arbitration Court, the Arbitrator, the Liquidator or any officer or other person under this Act, shall be pronounced on the day on which the case is finally heard or on some future day of which due notice shall be given to the parties or the date shall be pronounced openly on the day of final hearing.] 100.Bar of jurisdiction of courts.-No civil or revenue court shall have any jurisdiction in respect of any matter for which provision is made in this Act. 101.Power to exempt societies.- The Government may, if they are satisfied that it is necessary so to do in the public interest, by general or special order for reasons to be recorded, exempt any society or any class of societies from any of the provisions of this Act or direct that such provisions shall apply to such society or class of societies subject to such modifications as may be specified in the order. 102.Register of members.- Any register or list of members or shares kept by any society shall be prima facie evidence of the following particulars entered therein:- (a)the date on which the name of any person was entered in such register or list as a member; (b)the date on which any such person ceased to be a member. 96 substituted by Act 7/2010 103.Proof of entries in society’s books.-(1) Notwithstanding anything contained in the Indian Evidence Act a copy of any entry in a book of a society regularly kept in the course of its business shall, if certified in such manner as may be prescribed, be received in any suit or legal proceedings as prima facie evidence of such entry and shall be admitted as evidence of the matters, transactions and accounts therein recorded in the same manner and to the same extent as the original entry itself is admissible. (2)A society may grant copies of any documents obtained and kept by it in the course of its business, or of any entries in such documents; and any copy so granted shall, when certified in such manner as may be prescribed, be admissible in evidence for any purpose in the same manner and to the same extent as the original document, or the entries therein as the case may be. (3)No officer of a society and no officer in whose office the books of a society are deposited after liquidation shall, in any legal proceedings to which the society or the liquidator is not a party, be compelled to produce any of the society’s books or documents, the contents of which can be proved under this section, or to appear as a witness to prove the matters ,transactions and accounts therein recorded except under order of the court, the Tribunal or the arbitrator made for special cause. 104.Service of notice.- Every notice or order issued or made under this Act may be served on any person, by properly addressing it to the last known place of residence or business of such person preparing and posting by registered post a letter containing the notice or order and, unless the contrary is proved, such service shall be deemed to have been effected at the time at which the letter would be delivered in the ordinary course. 105.Acts of societies not to be invalidated by certain defects.- No act of a society or any committee or of any officer shall be deemed to be invalid by reason only of the existence of any defect in the constitution of the society or the committee or in the appointment or election of the officer or on the ground that such officer was disqualified for his appointment: Provided that nothing in this section shall be deemed to apply to any act done by any society or committee or officer in cases where such defect or disqualification was previously declared by a competent authority. 106.Immunity for acts done or purporting to be done in good faith.- No suit, prosecution or other legal proceedings shall lie against any officer or the Government for anything which is in good faith done or purporting to be done under the provisions of this Act or the rules or the bye-laws. 107.Companies Act, 1956, not to apply.- The provisions of the Companies Act, 1956 (Central Act 1 of 1956), shall not apply to any co-operative society. 108.Duties of Police Officer.- 97[(1) It shall be the duty of every police officer, as defined in the Kerala Police Act, 1960 (5 of 1961), to assist and protect the Registrar, the Director of Co-operative Audit and the Vigilance Officer appointed under this Act or any Officer subordinate to them in exercising the powers, duties and function conferred on them under the Act, if any such officer demands the assistance and protection of a police officer as above.] (2)Any Police Officer who omits or refuses to perform any duty imposed on him under sub-section (1) shall be deemed to have committed an offence under clause (d) of section 41 of the Kerala Police Act, 1960 (5 of 1961). 97 substituted by Act 7/2010 109.Power to make rules.- (1) The Government may, for the whole or, any part of the State and for any class of societies, after previous publication, by notification in the Gazette, make rules 98[either prospectively or retrospectively] to carry out the purposes of this Act. (2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (i)the applicant to whom the order refusing the registration of a society may be sent by the Registrar; (ii)the procedure and conditions for change in the form and extent of the liability of a society; (iii)the matters in respect of which a society shall or may make bye- laws; (iv)the procedure to be followed for amendment of bye-laws by a society; (v)the qualifications or disqualifications of individuals who may be admitted as members of societies; (vi)the payment to be made and the interests to be acquired before the exercise of the right of membership; (vii)the appointment by a society of one of its members to represent and vote on its behalf at a meeting of another society of which it is a member; (viii)the maximum number of shares or portion of the share capital of a society which may be held by an individual member; (ix)the procedure for the nomination of a person to whom the share or interest of a member on his death may be transferred or the value thereof may be paid; (x) the mode in which the value of a deceased member’s share shall be ascertained; (xi)the election of members of the committee by the general body of a society; (xii)the requisitioning of a general body meeting of a society; (xiii)the remuneration payable to a new committee or administrator or administrators appointed by the Registrar under section 32 or section 33; (xiv)the qualifications or disqualifications for membership of the committee of a society; (xv)the qualifications of employees of societies; (xvi)the prohibition against officers of a society being interested in contracts with the society; (xvii)the matters connected with the direct and indirect partnership of the Government in societies; (xviii)the rate at which dividend maybe paid by societies; (xix)the constitution of the Co-operative Education Fund, the payment to be made to the fund by a society out of its net profit and the mode of its investment; (xx)the mode of investment of funds of a society; (xxi)the objects of the reserve fund of a society and the mode of its investment; (xxii)the mode of disposal of the reserve fund of a society on its winding up; (xxiii)the extent to which and the conditions subject to which a society may receive deposits and loans; (xxiv)the restrictions on transactions by a society with non members; (xxv)the restrictions on grant of loans by a society against its shares; (xxvi)the form and standards of fluid resources to be maintained by societies accepting deposits and granting cash credits; (xxvii)the procedure to be followed in proceedings before the Registrar, arbitrator or other person deciding disputes; (xxviii)the conditions subject to which the assets of a society shall vest in a liquidator and the procedure to be adopted in the winding up of a society; (xxix)the procedure for the recovery of amounts due or payable to a society; (xxx)the mode of making attachment before judgment; (xxxi)the manner of registering the address of a society; (xxxii)the account books and registers to be kept by a society and power of the Registrar to call for any returns or to direct the accounts and books to be written up; (xxxiii)the manner of certification of entries in the books of a society and of copies of documents kept by it in the course of its business; (xxxiv)the statements and returns to be furnished by a society to the Registrar; (xxxv)the restrictions on persons appearing as legal practitioners; (xxxvi)the inspection of documents and the levy of fees for granting certified copies thereof; (xxxvii)the procedure to be followed in, and the fees for, audit and arbitration under this Act; and (xxxviii)any other matter required or allowed by this Act to be prescribed. (3)Every rule made under this section shall be laid as soon as may be after it is made before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees that the rule should be either modified or annulled, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 98 inserted by Act 7/1988 110.Repeal and savings.- The Madras Co-operative Societies Act, 1932 (VI of 1932), as in force in the Malabar district referred to in sub-section (2) of section 5 of the States Re- organisation Act, 1956 (Central Act 37 of 1956) and the Travancore-Cochin Co-operative Societies Act, 1951 (X of 1952), are hereby repealed. (2)Notwithstanding the repeal of the Madras Co-operative Societies Act, 1932 and the Travancore-Cochin Co-operative Societies Act, 1951 and without prejudice to the provisions of sections 4 and 23 of the Interpretation and General Clauses Act, 1125 (VII of 1125),— (i)all appointments, rules and orders made, notifications and notices issued, and suits and other proceedings instituted ,under any of the Acts hereby repealed shall, so far as may be, be deemed to have been respectively made, issued and instituted under this Act; (ii)any society existing in the State on the date of the commencement of this Act which has been registered or deemed to be registered under any of the aforesaid repealed Acts shall be deemed to be registered under this Act, and the bye-laws of such society shall, so far as they are not inconsistent with the provisions of this Act, continue in force until altered or rescinded. Appendix