The Registrar or any person empowered by him in this behalf shall be deemed, when exercising any powers under this Act for the recovery of any amount by the attachment and sale or by the sale without attachment of any property, or when passing any orders on any application made to him for such recovery or for taking a step-in-aid of such recovery, to be civil court for the purposes of Article 182 of the First Schedule to the Indian Limitation Act, 1908 (9 of 1908).
SECTION - 67
67. Recovery of sums due to Government.
(1) All sums due from a co-operative society, or from an officer or member or past member of a co-operative society as such, to Government, including any costs awarded to Government under any provision of this Act, may on a certificate issued by the THE PUNJAB COOPERATIVE SOCIETIES ACT, 1961 62 8TH FINAL PRINT AS ON 05.10.2006 Registrar in this behalf, be recovered in the same manner as arrears of land revenue.
(2) Sums due from a co-operative society to Government and recoverable under sub-section (1) may be recovered, firstly, from the property of the society, secondly, in the case of a society the liability of the members of which is limited, from the members, past members or the estates of deceased members, subject to the limit of their liability; and, thirdly, in the case of other societies, from the members, past members or the estates of the deceased members;
Provided that the liability of past members and the estates of deceased members shall in all cases be subject to the provisions of section 22.
SECTION - 67 - A 67-A. Recovery of certain loans as arrears of land revenue :- 1[(1) Notwithstanding anything contained in section 55 or section 56 or section 63, a co-operative society may apply to the Registrar for the recovery of arrears of any loan advanced by it to any member, together with interest accrued thereon and when such an application is made it shall be accompanied by an up -todate statement of accounts in respect of such loan and interest thereon.]
2[(2) The Registrar may, on receipt of an application under sub-section (1) or suo moto, after making such enquiries as he deems fit and after affording the member concerned an opportunity of being heard, grant a certificate in the prescribed form for the recovery of the amount due from such member on account of loan and interest thereon.
1. Substituted by Punjab Act No. 15 of 1978, section-2.
2. Inserted by Punjab Act No. 3 of 1978, section 4, w.e.f. 16th November, 1977 THE PUNJAB COOPERATIVE SOCIETIES ACT, 1961 63 8TH FINAL PRINT AS ON 05.10.2006
(3) Subject to the order, if any, that may be passed in appeal under section 68, the certificate granted by the Registrar under sub-section (2) shall be final and conclusive and the amount specified therein as due from the member on account of loan and interest thereon shall be recovered in the same manner as arrears of land revenue.]
CHAPTER XI APPEALS AND REVISION SECTION - 68
68. Appeals.
(1) An appeal shall lie under this section against-
(a) an order of the Registrar made under sub-section (2) of section 8 refusing to register a society;
(b) an order of the Registrar made under sub-section (4) of section 10 refusing to register an amendment of the bye-laws of a co-operative society;
1[(bb) an order of the Registrar made under section 10.-A directing amendment of bye-laws of a co-operative society;];
(c) a decision of a co-operative society, other than a producer's society, refusing to admit any person as a member of the society who is otherwise duly qualified for membership under the bye-laws of the society;
(d) a decision of a co-operative society expelling any of its members;
2[(e) an order made by the Registrar removing or suspending a committee or a member thereof under Section 27;];
1. Inserted by Punjab Act No. 26 of 1969 section 14 w.e.f. 10th September, 1969
2. Substituted by ibid THE PUNJAB COOPERATIVE SOCIETIES ACT, 1961 64 8TH FINAL PRINT AS ON 05.10.2006
(f) an order made by the Registrar under section 52 apportioning the costs of an inquiry held under section 50 or an inspection made under section 51;
(g) any order of surcharge under section 54;
(h) any decision or award made under section 56;
(i) an order made by the Registrar under section 57 directing the winding up of a co-operative society;
(j) any order made by the liquidator of a co-operative society in exercise of the powers conferred on him by section 59;
(k) any order made under section 65 ;and 1[(l) grant of a certificate under sub-section (2) of section 67-A for the recovery of the amount due from a member on account of loan and interest thereon.]
2 [(2) An appeal against any decision or order under sub-section (1) shall be made within sixty days from the date of decision or order,
(a) if the decision or order was made by the Assistant Registrar to the Deputy Registrar;
(b) if the decision or order was made by the Deputy Registrar to the Registrar or such Additional Registrar or Joint Registrar as may be authorised by the Registrar in this behalf;
(c) if the decision or order was made by the Joint Registrar or Additional Registrar, to the Registrar;
(d) if the decision or order was made by the Registrar, to the Government; and
1. Inserted by Punjab Act No. 3 of 1978 section 5 w.e.f. 16th November, 1977
2. Substituted by Punjab Act No. 26 of 1969, section 14 w.e.f. 10th September, 1969 THE PUNJAB COOPERATIVE SOCIETIES ACT, 1961 65 8TH FINAL PRINT AS ON 05.10.2006
(e) if the decision or order was made by any other person, to the Registrar or such Additional Registrar or Joint Registrar or Deputy Registrar or Assistant Registrar as may be authorised by the Registrar in this behalf.
(3) No appeal shall lie under this section from any decision or order made by any authority in appeal.
(4) Any appeal under sub-section (1) pending immediately before the commencement of the Punjab Co-operative Societies (Amendment ) Act, 1969, before any authority shall stand transferred to the authority to whom such appeal lies on such commencement.].
SECTION - 69 1 [69. Revision.
The State Government and the Registrar may, suo moto or on the application of a party to a reference, call for and examine the record of any proceedings in which no appeal under section 68 lies to the Government or the Registrar, as the case may be, for the purpose of satisfying itself or himself as to the legality or propriety of any decision or order passed and if in any case it appears to the Government or the Registrar that any such decision or order should be modified, annulled or revised, the Government or the Registrar, as the case may be, may, after giving persons affected thereby an opportunity of being heard, pass such order thereon as it or he may deem fit.]
1. Substituted by Punjab Act No. 26 of 1969, section 15 w.e.f. 10th September, 1969 THE PUNJAB COOPERATIVE SOCIETIES ACT, 1961 66 8TH FINAL PRINT AS ON 05.10.2006 SECTION - 70
7. Interlocutory orders :
Where an appeal is made under section 68 or where the 1[Government or the Registrar] calls for the record of a case under section 69, the appellate authority or the [Government or the Registrar], as the case may be, may, in order to prevent the ends of justice being defeated, make such interlocutory orders, including an order of stay, pending the decision of the appeal or revision as such authority or the [Government or the Registrar] may deem fit.
2[ CHAPTER XI-A] 3[INSURED CO-OPERATIVE BANK] SECTION -70-A 70-A Order for winding up, reconstruction, supersession of Committee etc. of Insured Co-operative Bank. - Notwithstanding anything contained in this Act, 3[in the case of an insured co-operative bank,] -
(1) an order for winding up or an order sanctioning a scheme of compromise or arrangement or of amalgamation or 4[reconstruction including division or reorganisation] of the bank may be made only with the previous sanction in writing of the Reserve Bank of India;
(2) an order for the winding up of the bank shall be made by the Registrar if so required by the Reserve Bank of India in the circumstances referred to in section 13-D of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (Central Act 47 of 1961.)
1. Substituted for the word "Government" by the Act 26 of 1969, section 16 w.e.f. 10th September, 1969
2. Chapter XI-A inserted by Punjab Act 12 of 1981 section 2
3. Substituted by Punjab Act 15 of 1994, section 2
4. Substituted by Punjab Act 12 of 1981, section 2 THE PUNJAB COOPERATIVE SOCIETIES ACT, 1961 67 8TH FINAL PRINT AS ON 05.10.2006
(3) if so required by the Reserve Bank of India in the public interest or for preventing the affairs of the bank being conducted in the manner deterimental to the interests of the depositors or for securing the proper management of the bank, an order shall be made by the Registrar for supersession of the committee of the bank and the appointment of an administrator therefor for such period or periods not exceeding five years in the aggregate, as may from time to time be specified by the Reserve Bank of India, and the administrator so appointed shall after the expiry of his term of office continue in office until the day immediately preceding the date of the first meeting of the committee of such bank;
(4) an order for winding up of the bank or an order sanctioning a scheme of compromise or arrangement or of amalgamation or 1[reconstruction including division or reorganisation] or an order for the supersession of the committee of the bank and the appointment of an administrator therefor made with the previous sanction in writing or on the requisition of the Reserve Bank of India shall be final and shall not be liable to be called in question in any manner in any Court; and
(5) the liquidator or 2[insured co-operative bank] or the transferee bank, as the case may be, shall be under an obligation to repay the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (Central Act 47 of 1961) in the circumstances, to the extent and in the manner referred to in section 21 of the Act.
Explanation-In this section, -
(a) the expression “ co-operative bank” shall have the meanings
1. Inserted by Punjab Act 12 of 1981, section 2
2. Substituted by Punjab Act 15 of 1994, section 2 THE PUNJAB COOPERATIVE SOCIETIES ACT, 1961 68 8TH FINAL PRINT AS ON 05.10.2006 assigned to it in the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (Central Act 47 of 1961);
(b) the expression “ insured co-operative bank” 1[means a co-operative society] which is an insured bank under the provisions of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (Central Act 47 of 1961);
2[(bb) the expression "Reserve Bank of India" means the Reserve Bank of India constitued under the Reserve Bank of India Act, 1934 (Central Act 2 of 1934);
(c) the expression “ transferee bank” in relation to an insured co-operative bank means a co-operative bank -
(i) with which such insured co-operative bank is amalgamated , or
(ii) to which the assets and liabilities of such insured co-operative bank is transferred, or
(iii) into which such insured co-operative bank is divided under sub-section (1) of section 13.]
CHAPTER XII OFFENCES AND PENALTIES SECTION-71
71. Offences.
(1) Any person other than a co-operative society carrying 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 shall be punishable 1 . Substituted for the words "a cooperative bank" by the Punjab Act 15 of 1994, section 2 2 . Substituted by the Act ibid section 2 THE PUNJAB COOPERATIVE SOCIETIES ACT, 1961 69 8TH FINAL PRINT AS ON 05.10.2006 with fine which may extend to two hundred rupees and in the cases of a continuing breach with a further fine which may extend to five rupees for every day during which the breach is continued after conviction for the first such breach.
(2) Any member or past member or the nominee, heir or legal representative of a deceased member of a co-operative society who contravenes the provisions of sections 31 and 32 by disposing of any property in respect of which the society is entited to have a first charge under that section or do any other act to the prejudice of such claim, shall be punishable with fin