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Section 40

The Manipur Co-Operative Societies Act, 1976State Act of Manipur · Act 14 of 1976

(l) A copy of any entry in any book, register or list, regularly kept in the course of business and in the possession of a society, shall, if duly certified in such manner as may be prescribed, be admissible in evidence of the existence of the entry and shall be admitted as evidence of the matters and transactions therein recorded in every case Where, and to the same extent to which the original entry would, if produced have been admissible to prove such matters.

(2) ln the ease of such societies, as the State Government may by general or special order direct, no officer of a Society shall in any legal proceedings to Which the society is not a party, be compelled to produce any of the society’s books, the contents of which can be proved under the foregoing sub-section, or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of the Court or a Judge made for special cause.

41, Nothing in elauSe (b) and (c) of sub-section (1) of section 17 of the Indian Registration Act, 1903, shall apply-

(a) to any insti'ument relating to shares in a society, notwithstanding that the assets of the society consist in Whole or in part of immovable property ; or

(b) to any debentures issued by any society and not creating deelaring, assigning, limiting or extinguishing any right, title 01‘ interest to or in immovable property, except in so far as it entitles the holder to the Security afi'orded by a registered instrument whereby the society has'mortgaged, conveyed or otherwise transferred the whole or part or its immovable property, or any interest therein to trustees upon trust for the benefit of the holders of such debentures ; or

(c) to any endorsement upon, or transfer of any debentures issued by any society.

42. The State Government, by notification in the Official Gazette may, in the case of any society or class of societies, remit-

(a) the stamp duty With which, under any law relating to stamp duty for the time being in force, instruments executed by or on behalf of a society or by an officer or member thereof, and relating to the business of the societymy class oi such instruments, or awards of the Registrar or his nominee or board of nominees under this Act are respectively, chargeable.

(b) any fee payable by or on behalf of a society under the law relating to the registration of documents and to court fees, for the time being in force, and

(c) any other tax or fee or duty ( or any portion thereof ) payable by or on behalf of a society under any law for the time being in force, Which the State Government is competent to levy.

43. A society shall receive deposits and loans from members and other persons, only to such extent, and under such conditions, as r‘: ay be prescribed or specified by the bye-laws of the society.

Where this provision sits

ActThe Manipur Co-Operative Societies Act, 1976
Section40
JurisdictionState of Manipur
StatusIn force as published by the source

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