(1) Every year, within thirty days of the holing of the annual general meeting, every co-operative shall file the following return with the Registrar;
(a) annual report of activities;
(b) audited annual statements of accounts with auditor’s report;
(c) statistical statements indicating name of the co-operative; core services offered by the co-operative to its members; total number of members as on the last day of the year; total liabilities expressed as --
(i) funds from members, and surpluses,
(ii) funds from the government, if any, and
(iii) funds from other external sources as on the last day of the financial year; quantum in rupees of services:
Provided (i) to members, and (ii) to non-members; and surplus/deficit at end of year.
(2) Along with the returns specified in sub-section (1), every co-operative shall furnish the following information to the Registrar:
(a) the date of the Annual General Meeting at which the returns being filed with the registrar were considered and/or approved;
(b) the total number of members on the rolls of the co-operative who were eligible to vote on the date of such Annual General Meeting;
(c) the number of eligible members present at such annual general meeting;
(d) list of names of Directors, their addresses and their terms of office;
(e) name and address of the auditor appointed for auditing the current year’s accounts.
(3) The Registrar shall submit an annual report to the Government by 30 June of each year, containing statistical information on the co-operatives in the state compiled from the return received during the previous financial year, under sub-section (1) (c), with regard to the total number of co-operatives in the state, their membership, funds, services and surplus/deficit; and the report shall also contain information on the strength of staff in the department of cooperation, including those on deputation, establishment expenses on the department, fee raised under this Act by the department, and a statistical summary of statutory power exercise during the previous financial year.
(4) Any person may apply in writing to the Registrar seeking a copy of the annual report, or of any return/s or any information filed by the co-operatives with the Registrar, and such information shall be made available by the Registrar on reasonable fee.
(5) Where the co-operatives under sub-section (1) and (2) fail to file returns and information to the Registrar within the specified period, the Registrar may impose a penalty not exceeding thousand rupees after giving the co-operative, an opportunity of being heard.
inquiry 46. (1) The Registrar may, after first providing an opportunity to the co-operative concerned to present its case, for reasons to be recorded in writing, on his/her own motion, or on the application of a secondary co-operative to which the co-operative is affiliated, or of a creditor to whom the co-operative is indebted, or of not less than one-third of the Directors, or of not less than onetenth of the members, hold an inquiry of cause an inquiry to be made into any specific subject or subjects relating to any gross violation of any of the provisions of this Act by the co-operative.
(2) Except when an inquiry is undertaken of the Registrar’s own motion, the Registrar shall order an inquiry only after the receipt of a fee, from the applicant or the applicants, deemed sufficient to meet the costs of the inquiry to be conducted.
(3) The inquiry shall be completed within a period of one hundred and twenty days from the date of ordering the inquiry. it is further provided that the Registrar may not extend this period beyond sixty day.
(4) The Registrar shall, within a period of thirty days from the date of the completion of the inquiry, as specified in sub-section (3), communicate the report of the inquiry or the reasons for the non-completion of the inquiry, as the case may be,
(a) to the co-operative concerned;
(b) to the applicant secondary co-operative, if any;
(c) to the applicant- creditor, if any;
(d) to the person designated by the applicant-Directors, if any;
(e) to the person designated by the applicant- members, if any; and
(f) to any person, on payment of fee specified by the Registrar.
CHAPTER VII OFFENCES Offences 47. (1) Any person who willfully or knowingly makes or assists in making a report, return, notice or other document required in this Act to be sent to the Registrar that contains an untrue statement of a material fact or omits a material fact whose absence makes a statement in the report misleading shall be punishable with imprisonment which may extend to two years or with fine which may extend to ten thousand rupees or with both.
(2) Where the person guilty of an offence under sub-section (1) is a body corporate and whether or not the body corporate has been prosecuted or convicted, any Director or officer of the body corporate who knowingly authorizes, permits or acquiesce in the offence is also guilty of an offence and liable on summary conviction to imprisonment which may extend to ninety days or with fine which may extend to one thousand rupees or with both.
(3) Every person who:
(a) without reasonable cause, contravenes any provision of this Act for which no penalty is otherwise provided; or
(b) fails to give any notice or send any return or document that is required by this Act;
is guilty of an offence and is liable on summary conviction to a fine which may extend to ten thousands rupees.
(4) An offence by a co-operative shall be deemed to have been also committed by office-bearer of the co-operative bound by the articles of association thereof to fulfil the duties whereof the offence is a breach, or if there is no such office-bearer, then by each of the Directors, unless the office- bearer or the Directors, as the case may be, prove to have attempted to prevent the commission of the offence
(5) Where a person is convicted of an offence under this Act, the Court may, in addition to any punishment imposed, order the person to comply with the provisions of the Act.
(6) No prosecution for an offence under this Act shall be commenced after two years from the time when the cause of action or the subject matter of the complaint arose.
(7) No civil remedy for an act or omission under this Act is suspended or affected by reason that the act or omission is an offence under this Act.
CHAPTER –VIII DISPUTES Disputes 48. (1) Notwithstanding anything contained in any other law for the time being in force, if any dispute touching the constitution, management or business of a co-operative arises
(a) among members, past members and persons claiming through members and deceased members; or
(b) between a member, past member or a person claiming through a member, past member or deceased member and the co-operative, its Board, Director, office- bearer, or liquidator, past or present; or
(c) between the co-operative or its Board and any past Board, any Director, office-bearer, or any past Director, past office-bearer, or the nominee, heir, or legal representative of any deceased Director or deceased officebearer of the co-operative, such dispute shall be referred to the Arbitral Tribunal of the co-operative.
[Explanation:- For the purposes of this sub-section, a dispute shall include a claim by a co-operative for any debt or other amount due to it form a member, past member, the nominee, heir or legal representative of a deceased member, and/ or surety, whether such debt or other amount be admitted or not.]
(2) If any question arises whether a dispute referred to the Arbitral Tribunal under this section is a dispute touching the constitution, management or business of the co-operative. Such question shall be decided by the Arbitral Tribunal.
(3) The Arbitral Tribunal shall decide the dispute in accordance with the provisions of this Act and the articles of association, and such decisions shall be final. Pending final decision on the dispute, the Arbitral Tribunal may make such interlocutory orders, as it may deem necessary in the interest of justice.
(4) Every order or decision made under this section, shall be executed by the civil court having jurisdiction, as if such order is a decree of that court, on a certificated issued by the Arbitral Tribunal.
(5) Notwithstanding anything contained in sub-section (4), or in any other law for the time being in force, and without prejudice to any other mode of recovery which is being taken or may be taken, an Arbitral Tribunal may, on the application made by the co-operative for the recovery of arrears due to the co-operative by any of its members, and on its furnishing a statement of accounts in respect of the arrears and after making such inquiry as the tribunal deems fit, issue a certificate for the recovery of the amount stated therein to be due as arrears.
(6) A certificate issued by the Arbitral Tribunal under sub- section (5) shall be final and conclusive proof of the arrears stated to be due and the certificate shall be executed by the chief executive in the manner specified in the articles of association.
Arbitral Tribunal