(1) A copy of any entry in a book of 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 document obtained and kept by it in the course of its business, or of any entries in such document 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
1. Substituted by Orissa Act 23 of 1994.
2. Substituted by Orissa Act 11 of 2004.
under the Orissa Co-operative Societies Act, 1951 (Orissa Act 11 of 1952), shall be deemed to be registered under this Act, and its bye-laws shall, so far as they are not inconsistent with the provisions of this Act, continue in force until altered or rescinded.
(2) All appointments, rules and orders made, notifications and notices issued, all transactions entered into and suits and other proceedings instituted under any of the said Acts, shall, so far as may be, deemed to have been respectively made, issued, entered into and instituted under this Act.
4[133-A. Special provisions relating to insured Co-operative Banks :– Notwithstanding anything contained in this Act, in the case of an insured Co-operative Bank– 5[(i) an order or approval to pass a resolution for winding up, amalgamation, division, compromise or transfer of assets and liabilities of the bank shall not take effect unless previous sanction therefor has been accorded in writing by the Reserve Bank of India.]
(ii) an order for winding up of the bank shall be made by the Registrar if so required by the Reserve Bank of India in the circumstances mentioned in Section 13-D of the Deposit Insurance Corporation Act, 1961 (47 of 1961);
(iii) if so required by the Reserve Bank of India in writing in the public interest or for preventing the affairs of the bank being conducted in a manner detrimental to the interests of the depositors or for securing the proper management thereof, the Registrar shall pass an order for the removal of the Committee of the Bank and for appointment of an Administrator for such period, not exceeding five years in the aggregate, as may, from time to time, be specified by the Reserve Bank:
1[x x x x]
(iv) no appeal, revision or review shall lie against an order referred to in Clauses (i), (ii) or (iii), made or passed with the previous sanction in writing or on the requisition of the Reserve Bank of India and no such order or sanction shall be liable to be called in question in any manner;
(v) the liquidator of the insured Co-operative Bank or the transferee bank, as the case may be, shall be under an obligation to repay the Deposit Insurance Corporation established under the Deposit Insurance Corporation Act, 1961 (47 of 1961), in the circumstances, to the extent and in the manner provided in Section 21 of that Act.
Explanation :– for the purposes of this Section–
1. Substituted by the Orissa Act 23 of 1994.
2. Substituted by the Orissa Act 11 of 2004.
3. Inserted by the Orissa Act 28 of 1991.
thereof may be paid;
(j) the mode in which the value of a deceased member's share shall be ascertained;
(k) the election of members of Committee by the general body of a Society and election of a preliminary Committee by the applicants for the registration of the Society to conduct the affairs of the Society for certain period;
(l) the requisitioning of a general meeting of a Society;
(m) the remuneration payable to a new Committee or, Administrators appointed in place of a Committee removed by the Registrar;
(n) the qualification of employees of Societies;
(o) the prohibition against officers of a Society being interested in contracts with the Society;
(p) the matters connected with the direct and indirect partnership of the State Government in Societies;
(q) the rate at which dividend may be paid by Societies;
(r) the payment to be made to the 'Co-operative Education Fund', by a Society out of its net profits and the mode of its investment;
(s) the mode of investment of funds of a Society;
(t) the objects of the reserve fund of a Society and mode of its investment;
(u) the mode of disposal of reserve fund of a Society on its winding up;
(v) the extent and conditions subject to which a Society may receive deposits and loans;
(w) the restrictions on transactions by a Society with non-members;
(x) the restrictions on grant of loans by a Society against its shares;
(y) the form and standards of fluid resources to be maintained by Societies accepting deposits and granting cash credits;
(z) the levy of audit fees on Societies;
(aa) the procedure to be followed in proceedings before the Registrar, Arbitrator or other person deciding disputes;
(bb) the conditions subjects to which assets of a Society shall vest in a liquidator and the procedure to be adopted in winding up of Society;
(cc) the procedure for recovery of amounts due or payable to Society;
(dd) the mode of making attachment before judgement;
(ee) the procedure for the distraint and sale of property mort- 11 of 1952) is hereby repealed.
SCHEDULE – 1 [I] [See Section 103 (4)]
1. Application to set aside sale :– (1) When immovable property has been sold by the 1[Registrar] under Clause (c) of Sub-Section (1) of Section 103, any person owing such property or holding an interest therein or when the property sold has been mortgaged to the 2[State Co-operative Agricultural and Rural Development Bank] or a 2[Co-operative Agricultural and Rural Development Bank,] any person entitled to a notice under Section 91, may, within thirty days of the date of the sale, apply to the 1[Registrar] to have the sale set aside on his depositing with him :–
(a) for payment to the purchaser as compensation a sum equal to five per centum of the purchase money;
(b) for payment to the State Government, the Society, the 2[State Cooperative Agricultural and Rural Development Bank] or the 2[Cooperative Agricultural and Rural Development Bank] or the liquidator in consequence of whose application the sale was held, the amount specified in the proclamation of sale for the recovery of which the sale was ordered to be held together with interest thereon and the expenses of attachment, if any, and sale and other costs due, in respect of such amount less any amount which may since the date of such proclamation have been received by the State Government, the Society, the 1[State Co-operative Agricultural and Rural Development Bank], the 1[Co-operative Agricultural and Rural Development Bank] or the liquidator, as the case may be.
(2) At any time within thirty days from the date of sale of immovable property, under Section 103 the Society, the 1[State Co-operative Agricultural and Rural Development Bank] the 1[Co-operatrive Agricultural and Rural Development Bank] or the liquidator at whose instance the sale was held, or any person entitled to share in ratable distribution of assets or whose interests are affected by the sale, apply to the 2[Registrar] to set aside the sale on the ground of a material irregularity or mistake or fraud in publishing or conducting it:
Provided that no sale shall be set aside on the ground of irregularity, mistake or fraud, unless, upon the facts proved, the 2[Registrar] is satisfied that the applicant has sustained substantial injury by reason of such irregularity, mistake or fraud.
(3) The purchaser at any such sale may also, within the period of thirty days from the date of sale, apply to the 2[Registrar] to set aside the sale, on the ground that the person from whom the sum is recoverable under the award, person whose property was sold or to his successor-in-interest.
(2) All payments of such residue made in accordance with Sub-Paragraph (1) shall be valid and effectual against any demand relating thereto, made by any person upon the Auditor-General or the Society, the 4[State Cooperative Agricultural and Rural Development Bank] or the 4[Co-operative Agricultural and Rural Development Bank] or the liquidator, as the case may be, in consequence on whose application the sale was held.
5. Certificate of sale :– (1) When the sale is confirmed under Paragraph 2, the 3[Registrar] shall on application grant a certificate in the prescribed form specifying who, at the time of the sale, is declared to be the purchaser and such certificate shall bear the date on which the sale was made absolute.
(2) The 3[Registrar] shall send a copy of every certificate granted under Sub-Paragraph (1) to the registering officer appointed under the Indian Registration Act, 1908 (16 of 1908), within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situated and notwithstanding anything contained in the said Act, such registering officer shall enter the contents of such copy in his register of non-testamentary documents relating to immovable property.
(3) Notwithstanding anything contained in the Orissa Tenancy Act, 1913 (Bihar and Orissa Act 2 of 1913), the purchaser of any immovable property, sold under Section 103 shall, if the property sold or any portion of it is an occupancy holding or part of an occupancy holding to which the said Act applies, file along with his application for grant of certificate under Sub-Paragraph
(1) a notice giving particulars of the transfer in the forms prescribed under the said Act and deposit the fee as prescribed therein for the service of it and the 1[Registrar] shall thereupon transmit the notice to the Collector who shall cause it to be served on the landlord in the manner prescribed under the said Act.
6. Delivery of property to purchaser :– (1) When the immovable property sold is in the occupancy of the persons, whose right, title and interest in the property have been sold, or of some person on behalf of such person or mortgagor, or of some person claiming under a title created by such person subsequently to the attachment of such property other than a lease for a period not exceeding five years created by the mortgagor subsequent to the mortgage in favour of the 1[State Co-operative Agricultural and Rural Development Bank] or the 1[Co-operative Agricultural and Rural Development Bank] as the case may be, and a certificate in respect thereof has been granted under Paragraph 5, the 1[Registrar] granting the certificates shall on the application of the purchaser or delivery to be made by putting such purchaser or any person, whom he may appoint to receive delivery on his behalf, in possession of the property and if need be, removing any person who refuses to vacate the same.
(2) Where the property sold is in the occupancy of a tenant or other
(6) All Co-operative Organisations, in order to best serve the interest of their members and their communities, shall actively co-operate in every practical way with other Co-operatives at local, national and international levels having as their aim the achievement of unity of action by co-operators throughout the world.
SCHEDULE – III [See Sub-Section (3-a) of Section 28-A]
1. The following shall constitute “corrupt practices” namely :–
(1) “Bribery” that is to say– (A) any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his agent, of any gratification, to any person whomsoever with the object of directly or indirectly inducing–
(a) a person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at an election; or
(b) an elector to vote or refrain from voting at an election or as a reward, to–
(i) a person for having so stood or not stood or for having withdrawn or not having withdrawn his candidature; or
(ii) an elector for having voted or refrained from voting;
(B) the receipt of, or agreement to receive, any gratification, whether as a motive or a reward–
(a) by a person for standing or not standing as, or for withdrawing or not withdrawing from being, a candidate; or
(b) by any person whomsoever for himself or any other person for voting, or refraining from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate to withdraw or not to withdraw his candidature.
Explanation :– For the purposes of this clause, the term “gratification” is not restricted to pecuniary gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward, but it does not include the payment of any expenses bonafide incurred, at or for the purpose of, any election and duly entered in the account of election expenses.
(2) Undue influence, that is to say any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person with the consent of the candidate or his election agent, with the free exercise of any electoral right:
Provided that without prejudice to the generality of the provisions of this ance of the prospects of election of a candidate, by the Election Officers, or any person appointed to perform any duty, in connection with the election, or endeavour on the part of any such person to–
(a) persuade any person to give his vote, or dissuade him from giving his vote at an election; or
(b) influence the voting of any person at an election in any manner.
2. “Prohibited Act” shall mean–
(i) canvassing for, or soliciting the vote of any elector, or persuading such elector not to vote at the election, or not to vote for any particular candidate; and
(ii) exhibition of any notice or sign, other than an official notice, relating to the election by any person on the date of poll at any place of polling or any public or private place within one hundred metres of such place of polling.
3. The following shall constitute “Disorderly conduct”, namely :–
(i) use or operation of loudspeaker and other voice amplifying or reproducing devices; or
(ii) shouting or acting otherwise, in a manner disturbing the tranquillity and order at a place of polling or any public or private place within the periphery of such place of polling so as to cause annoyance to, or to interfere with any person, visiting the place of polling or on election duty.
4. The following shall constitute “Misconduct”, namely :–
(i) disobedience of the lawful directives of the Chief Electoral Officer or the Election Officer or any other person authorised by the Chief Electoral Officer or Election Officer in regard to the Election; and
(ii) acts, designed to influence or disturb or actually influencing or disturbing any process of election at, or within the periphery of, the place of election.
APPENDIX I Provisions of the Orissa Co-operative Societies (Amendment) Act, 1967 (Orissa Act 31 of 1967), not incorporated in the original Act.
4. Repeal and Savings :– (1) x x x x x x
(2) Notwithstanding such repeal anything done, any action taken, any rules made or any notification issued in exercise of any power conferred by or under the said Ordinance shall be deemed to have been done, taken, made or issued in exercise of the powers conferred by or under this Act as if this Act was in force on the day on which such thing was done, action was taken, rules were made or notification was issued.