Arunachal Pradesh Cooperative Societies Act, 1978

No: 3 Dated: Jun, 30 1979

THE ARUNACHAL PRADESH CO-OPERATIVE SOCIETIES ACT, 1978

(Act No. 3 of 1979)

    An Act to provide for the proper management of the Co-operative movement in the State of Arunachal Pradesh.

    WHEREAS with a view to providing for the orderly development of the Cooperative movement in the State of Arunachal Pradesh in accordance with the relevant directive principles of state policy enunciated in the Constitution of India, it is expedient to frame adequate legislation relating to co-operative societies in that territory ;

    It is hereby enacted by the Legislative Assembly of Arunachal Pradesh in the Twenty-ninth Year of the Republic of India as follows :

CHAPTER – I

Preliminary

1. Short title, extent and commencement:-(1) ThisAct may be called theArunachal Pradesh Cooperative Societies Act, 1978.

(2) It extends to the whole of the State of Arunachal Pradesh.

(3) It shall come into force on such date as the Government ofArunachal Pradesh may by notification in the Official Gazette, appoint.

2. Definition:- In this Act, unless the context otherwise requires :

(1) “Agricultural Marketing Society” means a society :-

(a) The object of which is the marketing of agricultural produce and the supply of implements and other requisites for agricultural production, and

(b) Not less than three-fourth of the members of which are agriculturist or societies formed by agriculturist ;

(2) “ Arbitrator” means a person appointed under this Act, to decide disputes referred to him by the Registrar and includes the Registrar’s nominees or Board of nominees ;

(3) “Apex Bank” means the Arunachal Pradesh State Cooperative Apex Bank Limited ;

(4) “Auditor” means a person appointed by the Registrar of by a society to audit the accounts of the society ;

(5) “Bonus” means payment made in cash or kind out of the profits of a society to a member, or to a person who is not a member, on the basis of his contribution (including any contribution in the form of labour or service) to the business of the society. And in the case of a farming society, on the basis both of such contribution and also the value or income or, as the case may be, the area of the lands of the members brought together for joint cultivation, as may be decided by the society ;

(6) “Bye-laws” means by-laws registered under this Act and for the time being in force, and includes registered amendment of such bye-laws ;

(7) “Central Bank” means a Cooperative Bank, the objects of which include the creation of fund to be loaned to other societies ;

(8) “Committee” means the committee of management, or other directing body, to which the management of the affairs of a society is entrusted ;

(9) “Company” means a company as defined in the company’s Act,1956 and includes a Banking Company and also any board, corporation or other corporate body constituted or established by any Central, or State Act for the purpose of the development of any industry ;

(10) “Consumers Society” means a society the object of which is -

(a) The procurement, production or processing and distribution of goods to, or the performance of other services for, its members as also other customers, and

(b) The distribution among its members and customers, in the proportion prescribed by rules or by the bye-laws of the society of the profits accruing from such procurement, production or processing and distribution ;

(11) “Co-operative bank” means society registered under this Act and doing the business of Banking as defined in clause (b) of sub-section (1) of section 5 of the Banking Companies Act, 1949 ;

(12) “Cooperative year” means the 12 months period beginning on 1st April and ending on 31st March.

(13) “Dividend” means the amount paid, out of the profits of a society, to a member in proportion to the shares held by him ;

(14) “farming society” means a society in which the object of increasing agricultural production, employment and income and the better utilization of resources, land are brought together and jointly cultivated by all the members, such lands -

(a) being owned by or leased to the members (or some of them), or

(b) coming in possession of the society in any other manner whatsoever ;

(15) “federal society” means by a society -

(a) Not less than five members of which are themselves societies, and

(b) In which the voting rights are so regulated that the members which are societies have not less than four-fifth of the total number of votes in the general meeting of such society ;

(16) “firm” means a firm registered under the Indian PartnershipAct,1932;

(17) “general society” means a society not falling in any of the class of societies defined by other clauses of this section ;

(18) “Government” means the Government of Arunachal Pradesh ;

(19) “Housing society” means a society the object of which is providing its members with dwelling houses ;

(20) “Liquidator” means a person appointed as liquidator under the Act ;

(21) “ Local authority” includes a school board and an agricultural produce market committee constituted by or under any law for the time being in force ;

(22) (a) “member” means a person joining in an application for the registration of a cooperative society which is subsequently registered or a person duly admitted to membership of a society after registration, and includes a nominal, associate or sympathizer member ;

(b) ”associate member” means a member who holds jointly a share of a society with others, but whose name does not stand first in the share certificate ;

(c) “nominal member” means a person admitted to membership as such after registration in accordance with the bye-laws ;

(d) ”sympathizer member” means a person who sympathizes with the aims and objects of the society and who is admitted by the society as such member ;

(23) “officer” means a person elected or appointed by a society to any office of such society according to its bye-laws; and includes a Chairman, Vice-Chairman, President, Vice-President, Managing Director, Manager, Secretary, Treasurer, member of the committee, and any other person elected or appointed under this Act, the rules or the bye-laws, to give directions in regard to the business of such society ;

(24) “Official Gazette” means the Arunachal Pradesh Gazette ;

(25) “Prescribed” means prescribed by rules ;

(26) “Processing society” means a society the object of which is the processing of goods ;

(27) “Producers society” means a society the object of which is the production and disposal of goods or the collective disposal of the Labour of the members thereof ;

(28) “Registrar” means, in relation to the multi-State Co-operative Societies, the Central Registrar appointed by the Central Government and in relation to State Co-operative Societies, the Registrar appointed by the State Government under the law made by the Legislature of the State ;

(29) “resource society” means a society the object of which is the obtaining for its members of credit, goods or services required by them ;

(30) “rules” means rules made under this Act ;

(31) “Co-operative Society” means a society registered or deemed to be registered under any law relating to Co-operative Societies for the time being in force in any State ;

(32) “ society with limited liability” means a society having the liability of its members limited by its bye-laws ;

(33) “society with unlimited liability” means a society the members of which are in the event of its being wound up, jointly and severally liable for and in respect of its obligations and to contribute to any deficiency in the assets of the society ;

(34) “working capital” means funds at the disposal of a society inclusive of paid up share capital, funds build out of profits, and money raised by borrowing and by other means.

(35) “Authorized person” means a person referred to as such in article 243ZQ of the Constitution of India.

(36) “ Board” means the Board of Directors of the governing body of a Co-operative Society, by whatever name called, to which the direction and control of the management of the affairs of a Society is entrusted to.

(37) “Multi-State Co-operative Society” means a Society with objects not confined to one State and registered or deemed to be registered under any law for the time being in force relating to such Co-operatives.

(38) “Office bearer” means the President, Vice-President, Chairman, ViceChairman, Secretary or Treasurer of a Co-operative Society and includes any other person to be elected by the Board of any Co-operative Society.

(39) “State Act” means the Arunachal Pradesh Co-operative Societies Act, 1978 (Act No.3 of 1979) or any other related laws made by the Legislature of the State.

(40) “State level Co-operative Society” means a Co-operative Society having its area of operation extending to the whole of the State and defined as such in any other law made by the Legislature of the State”.