Assam Co-operative Societies Act, 1949

No: 1 Dated: Jan, 25 1950

Assam Co-operative Societies Act, 1949

(Assam Act No. 1 of 1950)

An Act to facilitate the formation and working of Co-operative Societies and to consolidate and amend the law relating to Co-operative Societies in the Province of Assam

Preamble. - Whereas it is expedient further to facilitate the formation and working of Co-operative Societies for the purpose of thrift, self-helf, mutual aid and creating the quality of credit worthiness among agriculturists, artisans and other persons with common economic needs so as to bring about a higher standard of living better business, better methods of production, equitable distribution and exchange and for that purpose to consolidate and amend the law relating to co-operative Societies in the Province of Assam;

It is hereby enacted as follows :

CHAPTER I

Preliminary

1. Short title, extent and commencement. - (1) This Act may be called the Assam Co-operative Societies Act, 1949.

(2) It extends to the whole of the State of Assam.

(3) It shall come into force on such date as the State Government may appoint.

2. Definitions. - In this Act, unless there is anything repugnant in the subject of context-

(a) "Administrative Council" means a body intermediary between a Managing Body and the General Assembly of registered society :

(b) "Affiliating Society" means the registered society of which a particular society is a member and "Affiliated Society" means the particular society which is a member of the affiliating society;

(c) "Arbitrator" means a person appointed under the provisions of this Act to decide any dispute referred to him;

(d) "Audit Officer" means a person appointed under the provisions of this Act to audit the accounts of a registered society;

(e) "By-law" refers to the registered bye-laws for the time being in force and includes a registered amendment of bye-laws;

(f) "Co-operative Year" means the period beginning and ending on such dates as may be fixed by the Registrar for the purpose of drawing up the balance sheets of registered societies;

(g) "Co-operative Demand Certificate" means a certificate as defined in Section 83;

(h) "Employee" means a person not being an office-bearer, employed by a registered society on a salary or similar form of remuneration other than advance patronage dividend or payment for goods sold to or through such society;

(i) "General Assembly" means the supreme body of a registered society as defined in Section 31;

(j) "Managing Body" means the body to which the management of the affairs of a registered society is directly entrusted and does not include the Administrative Council;

(k) "Member" means a person admitted to membership after registration in accordance with the bye-laws and rules of the society and includes a promoter;

(l) "Office-bearer" means a member duly elected by the appropriate body of a registered society, according to its bye-laws to any office of such society, including the office of President, Chairman, Vice-President, Vice-Chairman, Secretary, Managing Director and Treasurer : provided that any officer appointed by Government to hold charge of any office of a registered society shall be deemed to be an office-bearer unless specifically stated to be contrary;

(m) "Prescribed" means prescribed by rules;

(n) "Promoter" means any eligible person or registered society signing the application of a society;

(o) "Registered Society" means a co-operative society registered or deemed to have been registered under this Act and includes a society formed after amalgamation of such two or more societies or by division of such an existing society :

(p) "Registrar" means a person appointed to perform the duties of a Registrar of Co-operative Societies under this Act:

(q) "Rules" means rules made under this Act;

(r) "Signature" includes the thumb-impression of an illiterate person;

(s) "Bank" means-

(i) A Banking Company as defined in the Banking Regulation Act, 1949.

(ii) The State Bank of India constituted under the State Bank of India Act, 1955.

(iii) A subsidiary Banks as defined in the State Bank of India (Subsidiary Banks) Act, 1959.

(iv) A corresponding new Bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970;

(v) The Agricultural Refinance Corporation constituted under the Agricultural Refinance Corporation Act, 1963.

(iv) Agricultural Finance Corporation Limited, a company incorporated under the Indian Companies Act, 1956; and

(t) A "Financing Bank" means a bank as defined in Clause (s) of Section 2 of this Act or a Co-operative Bank providing working capital to a registered Co-operative Society.

CHAPTER II

Registration of Societies

3. The Registrar. - (1) The State Government may appoint a person to be a Registrar of Co-operative Societies for the Province or any portion of it for the registration, supervision assistance, counsel and control of registered societies and for the development of the co-operative movement and control over all co-operative education and with such other powers and responsibilities as may be provided under this Act or rules or bye-laws framed thereunder.

(2) The State Government may also appoint persons to assist the Registrar and may, by general or special order in writing delegate to any such person or to any other Government officer all or any of the powers of the Registrar under this Act.

(3) The State Government may also appoint non-official helpers with such designations and functions as prescribed to aid in the organisation of Co-operative Societies.

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