The Jammu and Kashmir Co-Operative Societies Act, 1989
Union territory Act of Jammu and Kashmir · Act 10 of 1989184 provisions
The enactment
| Long title | An Act to consolidate and amend the law relating to Co-operative Societies in the *State, with a view to providing for the orderly development of the co-operative movement in the *State in accordance with the directive principles of State policy enunciated in the Constitution of Jammu and Kashmir. |
|---|---|
| Type | Act |
| Citation | Act 10 of 1989 |
| Year | 1989 |
| Jurisdiction | Union territory of Jammu and Kashmir |
| Status | In force as published by the source |
| Provisions published | 184 |
| Subjects | agriculture |
Full text, provision by provision
Every provision below opens in full, free and without an account.
- Section 1 Short title, extent and commencement.
- Section 2 Definitions.
- Section 3 The Registrar.
- Section 4 Societies which may be registered.
- Section 5 Application for registration of Co-operative Societies.
- Section 6 Registration.
- Section 7 Registration certificate.
- Section 8 Registration with limited or unlimited liability.
- Section 8A Conversion
- Section 9 Amendment of the bye-laws of Co-operative Society
- Section 10 Power to direct amendment of bye-laws.
- Section 11 Change of name of Co-operative Society
- Section 12 When amendment of bye-laws comes into force.
- Section 13 Change of liability.
- Section 14 Amalgamation, transfer of assets and liabilities and division of Cooperative Societies.
- Section 15 Cancellation of registration certificate of Co-operative Societies in certain cases.
- Section 16 Re-organisation of Societies.
- Section 17 Persons who may become members.
- Section 18 Nominal or associate members.
- Section 19 Member not to exercise rights till due payment made.
- Section 20 Votes for members.
- Section 21 Manner of exercising vote.
- Section 22 Restrictions on holding of shares.
- Section 23 Restriction on transfer of shares or interest.
- Section 24 Transfer of interest on death of member.
- Section 25 Liability of a past member and estate of deceased member.
- Section 26 Final authority in a Co-operative Society.
- Section 27 Annual general meeting.
- Section 28 Special general meeting.
- Section 29 Election and nomination of members of Committees.
- Section 29A Bar to election, nomination and continuance as member of Committees.
- Section 29B Qualification for membership of the Committees
- Section 30 Supersession/removal of Committee.
- Section 30A Transitional provision.
- Section 30B Transitory provision for revival of certain Cooperative Banks.
- Section 31 Securing possession of records.
- Section 32 Acts of Co-operative Societies not to invalidate by certain defects.
- Section 32A Autonomy in all financial and internal administrative matters.
- Section 33 Co-operative Societies to be bodies corporate.
- Section 34 First charge of Co-operative Society on certain assets.
- Section 35 Declaration for creating charge.
- Section 36 Charge and set off in respect of shares or interest of members in the capital or a Co-operative Society.
- Section 37 Shares or interest not liable to attachment.
- Section 38 Register of members.
- Section 39 Proof of entries in Co-operative societys books.
- Section 40 Exemption from compulsory registration of instruments.
- Section 41 Exemption from certain taxes, fee and duties.
- Section 42 Deduction from salary to meet societys claim in certain cases.
- Section 43 Direct partnership of Government in Co-operative Societies
- Section 44 Indirect partnership of Government in Co-operative Societies.
- Section 45 Principal Government Partnership Fund.
- Section 46 Subsidiary Government Partnership Fund.
- Section 47 Approval of Government of purchase of shares
- Section 48 Liability to be limited in respect of certain shares.
- Section 49 Restriction on amount of dividend.
- Section 50 Indemnity of apex and central societies
- Section 51 Disposal of share capital and dividend etc.
- Section 52 Disposal of Principal Government Partnership Fund and Subsidiary Government Partnership Fund on winding up of an apex or a central society.
- Section 53 Principal Government Partnership Fund and Subsidiary Partnership Fund not to form part of assets.
- Section 54 Agreement by Government and apex societies subject to the foregoing provisions of this Chapter.
- Section 55 Other forms of Government aid to Co-operative societies.
- Section 56 Provisions of this Chapter to over-ride other laws.
- Section 57 Fund not to be divided.
- Section 58 Procedure for calculation of profits.
- Section 59 Disposal of net profits.
- Section 60 Investment of funds
- Section 61 Restriction on loans.
- Section 62 Instructions on borrowings.
- Section 63 Restriction on other transactions with non-member.
- Section 64 Audit.
- Section 65 Communication of defects in audit to Co-operative society
- Section 66 Inspection of books of a Co-operative society.
- Section 67 Inquiry by Registrar
- Section 68 Costs of inquiry.
- Section 69 Surcharge.
- Section 70 Dispute which may be referred to arbitration.
- Section 71 Recovery of money by Financing Bank.
- Section 72 Reference of disputes to the authorities or arbitration.
- Section 73 Recovery of sums advanced.
- Section 73A Registrar’s obligations.
- Section 74 Winding up of Co-operative Societies.
- Section 75 Liquidator
- Section 76 Powers of liquidator.
- Section 77 Cancellation of registration of a Co-operative Society.
- Section 78 Definitions.
- Section 79 State and other Agriculture and Rural Development Banks.
- Section 80 Powers of Agriculture and Rural Development Bank to advance loans and to hold lands.
- Section 81 Appointment of Trustee and his powers and functions.
- Section 82 Trustee to be a Corporation sole
- Section 83 Issue of debentures by the Board.
- Section 84 Powers to borrow money by issue of bonds or by way of loan.
- Section 85 Charge of debentures holders on certain properties.
- Section 86 Guarantee by Government of Principal of, and interest on debentures bonds etc
- Section 87 Security for loans
- Section 88 Mode of dealing with applications for loans
- Section 89 Other Guarantees by the Government.
- Section 90 Order granting loan conclusive of certain matters.
- Section 91 Priority of mortgage over certain claims.
- Section 92 Right of Agriculture and Rural Development Bank or of the State Agriculture and Rural Development Bank to purchase mortgaged property
- Section 93 Mortgages executed in favour of Agriculture and Rural Development Bank to stand vested in State Agriculture and Rural Development Bank.
- Section 94 Registration of mortgages in favour of Agriculture and Rural Development Bank.
- Section 95 Restriction or lease and transfer
- Section 96 Recovery of loans by Agriculture and Rural Development Bank.
- Section 97 Power of Agriculture and Rural Development Bank to receive money and grant discharges.
- Section 98 Right of Agriculture and Rural Development Bank to pay prior debts of Mortgagor.
- Section 99 Distraint when to be made.
- Section 100 Power of sale when to be exercised.
- Section 101 Power of Agriculture and Rural Development Bank where mortgaged property is destroyed or security becomes insufficient.
- Section 102 Power of Board or of Trustee to distrain and sell property etc.
- Section 103 Title of purchaser not to be questioned on the ground of irregularity etc.
- Section 104 Mortgage not to be questioned on insolvency of mortgagor.
- Section 105 Appointment of Receiver and his powers.
- Section 106 Mortgager’s powers to lease.
- Section 107 Registration of documents executed on behalf of an Agriculture and Rural Development Bank or of the State Agriculture and Rural Development Bank.
- Section 108 Delegation of certain power by the Board.
- Section 109 Sections 102, 103 and 104 of the Transfer of Property Act, 1882 to apply to notice under this Chapter.
- Section 110 Power of the Board to make regulations.
- Section 111 Mortgage Bank to be Agricultural Class.
- Section 112 Over-riding effect.
- Section 113 Housing Co-operative Societies.
- Section 114 Definition for purposes of this Chapter
- Section 115 Issue of debentures.
- Section 116 Appointment and powers of trustee.
- Section 117 Vesting property in trustee.
- Section 118 Guarantee by Government of principal of, and interest on debentures.
- Section 119 Guarantee Fund.
- Section 120 Rights of debenture holders.
- Section 121 Raising of loans from Government and funding agencies at National and International levels.
- Section 122 Accepting of deposit.
- Section 123 Distraint when to be made.
- Section 124 Distraint how to be effected.
- Section 125 Sale of property distrained.
- Section 126 Power of sale of mortgage and property when and how to be exercised.
- Section 127 Application for sale and manner of sale.
- Section 128 Application to set aside sale.
- Section 129 Disposal of sale proceeds.
- Section 130 Grant of certificate to purchaser
- Section 131 Delivery of property to purchaser.
- Section 132 Appointment and power of receiver.
- Section 133 Title of purchaser not impeachable for irregularities.
- Section 134 Eviction of defaulter member and tenants etc. and applicability of the Residential and Commercial Tenancy Act, 2012.
- Section 135 Appointment of Sale Officers.
- Section 136 Mortgages executed in favour of Housing Society to stand vested in Housefed.
- Section 137 Requirement when property mortgaged is destroyed or security is rendered insufficient etc.
- Section 138 Power of Board and Trustee to direct distraint sale.
- Section 139 Mortgage not to be questioned in insolvency of mortgagor.
- Section 140 Right of Housing Society to pay prior debts of mortgagor.
- Section 141 Power of Housing Society regarding mortgages transferred to Housefed.
- Section 142 Mortgages executed by Manager of Joint Hindu Family.
- Section 143 Non-applicability of Land Acquisition Act to Lands of Housing Societies
- Section 144 Proof of document or entries in documents.
- Section 145 Application of this Chapter to loans advance by Housing Society from funds not borrowed from Housefed.
- Section 146 Application of provisions of Transfer of Property Act, Samvat 1977 to notices.
- Section 147 Officers of Housing Societies and Sale Officers not to bid at sales.
- Section 148 Delegation of powers of Board.
- Section 149 Board’s power of supervision
- Section 150 Regulation under this Chapter.
- Section 151 Power to make rules.
- Section 152 Enforcement of charges.
- Section 153 Execution of orders etc.
- Section 154 Attachment of property before award or order.
- Section 155 Registrar or person empowered by him to be civil court for certain purposes.
- Section 156 Recovery of sum due to Government.
- Section 157 Constitution of Co-operative Appellate Tribunal.
- Section 158 Constitution of Co-operative Appellate Tribunal.
- Section 159 Limitation for appeal.
- Section 160 Revision.
- Section 161 Review.
- Section 162 Interlocutory orders.
- Section 163 Offences.
- Section 164 Cognizance of offences
- Section 165 Address of a Co-operative Society
- Section 166 Copy of Act, Rules and Bye-laws to open to inspection.
- Section 167 Prohibition against the use of the word “Co-operative”.
- Section 168 Notice necessary in suits.
- Section 169 Travelling and other allowances etc.
- Section 170 Securities etc.
- Section 171 Companies Act not to apply.
- Section 172 Saving of existing societies.
- Section 173 Indemnity.
- Section 174 Power of Civil Court
- Section 175 Bar of Jurisdiction of Courts.
- Section 176 Power to make rules.
- Section 177 Repeal and savings.
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