PUNJAB CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2017 (Act No. 27 of 2017)

Preamble - PUNJAB CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2017

THE PUNJAB CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2017

[Act No. 27 of 2017]

[15th December, 2017]

PREAMBLE

An Act further to amend the Punjab Co-operative Societies Act, 1961.

Be it enacted by the Legislature of the State of Punjab in the Sixty-eighth Year of the Republic of India as follows:-

Section 1 - Short title and commencement

(1)     This Act may be called the Punjab Co-operative Societies (Amendment) Act, 2017.

 

(2)     It shall come into force on and with effect from the date of its publication in the Official Gazette.

Section 2 - Amendment in section 13 of Punjab Act 25 of 1961

In the Punjab Co-operative Societies Act, 1961(hereinafter referred to as the principal Act), in section 13, for sub-sections (11) and (12), the following sub-sections shall be substituted, namely:-

"(11) In case a member or a creditor who had objected to the proposed order under sub-section (9) remains aggrieved with the orders of the Registrar, may make second reference to the Government within thirty days of passing of such order. The Government shall, after affording due opportunity of hearing to the members and creditors who have made second reference to the Government, annul, modify or uphold the order of the Registrar passed under sub-section (9). The decision of the Government in this regard shall be final.

(12) The order passed by the Registrar under sub-section (9) or by the Government under sub-section (11), as the case may be, shall be final and where such an order involves the transfer of any assets and liabilities, the same shall, notwithstanding anything contained in any law for the time being in force, be a sufficient conveyance to vest the assets and liabilities in the society in which these are vested under that order without any further assurance.".

Section 3 - Amendment in section 19 of Punjab Act 25 of 1961

In the principal Act, in section 19, for sub-section (2), the following subsection shall be substituted, namely:-

"(2) Notwithstanding anything contained in sub-section (1), a co-operative society which is a member of another co-operative society, may, subject to the rules, appoint one of the members who is eligible to vote on its behalf in the affairs of that other society.

Explanation.- In case the member appointed by a society, to vote on its behalf in the affairs of another society of which such society is a member, gets elected to the committee of that society, his term of office shall be co-terminus with the term of committee of that society.".

Section 4 - Amendment in section 26 of Punjab Act 25 of 1961

In the principal Act, in section 26, in sub-section (1-D), after the proviso, the following Explanation shall be added, namely:-

"Explanation.- The delay caused in constitution of an elected committee due to judicial proceedings in civil courts in this regard, shall be excluded at the time of computing the period for which an Administrator is appointed.".

Section 5 - Amendment in section 27 of Punjab Act 25 of 1961

In the principal Act, in section 27, in sub-section (1), the existing Explanation shall re-numbered as Explanation 1 and thereafter the following Explanation shall be added, namely:-

"Explanation 2.- The delay caused in constitution of an elected committee due to judicial proceedings in civil courts in this regard, shall be excluded at the time of computing the period for which an Administrator is appointed as provided in clause (a).".

Section 6 - Amendment in section 69 of Punjab Act 25 of 1961

In the principal Act, in section 69, the following Explanation shall be added, namely:-

"Explanation.-

(i)       The application of a party to a reference shall not lie before the Registrar or the Government, as the case may be, if appeal under section 68 of the Act lies or has been availed of by such a party to a reference;

 

(ii)      The application of a party to a reference shall not lie before the Registrar or the Government, as the case may be, if an order or decision is made in revision by the Registrar or any authority authorized by him in this regard;

 

(iii)     No revision shall lie under section 69 against any order passed under the service rules of the concerned co-operative societies where in a revision is already provided in the service rules of that society; and

 

(iv)    No revision under section 69 shall be available against any office order passed by the Registrar or his subordinates.".