(15) Where an attachment has been made under these rules, any private transfer of delivery of the property attached or of any interest therein any payment to the defaulter of any debt dividend or other moneys contrary to such attachment shall be void as against all claims enforceable under the attachment.
Explanation:- For the purpose of this sub-rule, claims enforceable under an attachment include claims for the ratable distribution of assets under sub-rule (24).
(16) Persons employed in serving notice or in other process under these rules shall be entitled to travelling allowance at such rates as may from time to time be fixed by the Recovery Officer.
(17) Where the cost and charges incurred in connection with attachment and sale of movable property or the attachment and sale or sale without attachment or immovable property under this rule, exceeds the amount of the cost deposited by the decree-holder, such excess shall be deducted from the sale proceeds of the property sold or the moneys paid by the defaulters as the case may be, and the balance shall be made available to the decree-holder .
(18) Every person making a payment towards and money due for the recovery of which application has been made under ‘this rule shall be entitled to a receipt for the amount singed by the sale Officer or other officer empowered by the Recovery Officer in that behalf, such receipt shall state the name of the person making the payment and subject-matter in respect of which the payment is made .
(19) (a) Where any claim is preferred to, or any objection is made of the attachment of, any property attached under this rule on the ground that such property is not liable to such attachment the sale officer shall investigate the claim or objection and dispose of it on merits ;
Provided that no such investigation shall be made when the Sale Officer considers that the claim or objection is frivolous.
(b) Where the property to which the claim or objection relates has been advertised for sale, the Sale Officer may postpone the sale pending the investigation of the claim or objection
(c)Where a claim or an objection is preferred, the party against whom an order is made may institute a suit within six months from the date of the order to establish the right which he claims to the property is dispute but subject to the result of such 2Suit, if any, the order shall be conclusive.
(20) (i) Any deficiency if price which may happen on re-sale held on under class clause (j) of sub rule (11) by reason of the purchaser default , and all expenses incurred on such re-sale shall be certified by the sales officer to the recovery Officer and shall at the instance of the either the decree-holder or the default be recoverable from the defaulting purchaser under the provision of this rule. The costs , if any , incidental to such recovery shall also be borne by the defaulting purchaser.
(ii) Where the property may, on the second sale, sell for a higher price than at the first sale, the defaulting purchaser at the first sale shall have no claim to the difference or increase.
(21) Where any property has been attached in execution of a decree. But by reason of the decree-holders default the Recovery officer is unable to proceed further with the application for execution, he shall either dismiss the application or for any sufficient reason adjourn the proceeding to a future date. Upon the dismissal of such application, the attachment shall cease.
(22) (a) Where the sale officer attaches or has attached , under these rules, any property not in the custody of any court , which is already under attachment made in execution of a decree of any Court such court shall receive and realize such property and shall determine claims thereto and any objections to the attachment thereof ;
Provided that where the property is under attachment in the execution of decree of more courts than one , the court which shall receive or realize such property and shall determine any claim thereto and any objections to the attachment thereof shall be the court of the highest grade, or where there is no difference in grade between such courts, the courts under whose decree the property was first attached .
(b) Where assets are held by them sales officer and before the receipt of such assets demand notices in pursuance of application for execution of decree against the same defaulter have been receive from more than one decree- holder and the decree holders have not obtained satisfaction the assets after deducting the costs of realization shall be ratably distributed by the sales officers among all such decree-holders in the manner provided in Section 73 of the Code of Civil procedure , 1908.
(23) Where a defaulter dies before the decree has been fully satisfied an application under sub- rule (i) may be made against the legal representative of the deceased and there upon the provisions of this rule shall, save as otherwise provided in this sub-rule, apply as if such level representative was the defaulter. Where the decree is executed against such level representative , he shall be liable only to the extent of property of the deceased which has come to his hands and has not been duly disposed of and for the purpose of ascertaining such liability the Recovery Officer executing the decree may. of his own motion or on the application of the decree –holder, compel such legal representative to produce such accounts as he thinks fit.
(24) Where in connection with the proceeding on an application under section 63 of the Act, any person requires the issue of any process or objects to any process issued or objects to any order passed he shall pay such fee as may be specified by the Registrar in this behalf.
73 Delegation of powers under Section 65- The powers of the Registrar under section 65 shall not be exercised by an officer below the rank of Assistant Registrar.
74 Mode of service of summons –(1) Every summon issued under the act shall be in writing , duty authenticated by the seal if any, of the officer by whom it is issued and shall be signed by such Officer or by any person authorised by him in writing in that behalf. It shall require the person summoned to appear before the said officer at a stated time, date and place shall specify whether his attendance is required for the purpose of giving evidence , or to produce a document or for both purposes ; and any particular document the production of which is required shall be described in the summons with reasonable accuracy.
(2) Any person may be summoned to produce a document, without being summoned to give evidence, and person summoned merely to produce document shall be deemed to have complied with the summons if he causes such document to be produced, instead of attending personally to produce the same .
(3) The service of summons under the Act on any person may be effected in any of the following ways:-
(a) by giving or tendering it to such person or
(b) if such person is not found, by leaving it at his last known place of abode or business or by giving or tendering it to some adult member of his family; or
(c) if the address of such person is known to the Registrar or other authorised person , by sending it to him by registered post ; or
(d) if none of the means aforesaid is available , by affixing it at some conspicuous part of his last known place of abode or business.
(4) Where the serving officer delivers or tenders copy of the summons to the defendant personally or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to an acknowledgement of service endorsed on the original summons.
(5) The serving officer shall in all cases in which the summons has been served under sub-rule (4) endorse or annex or cause to be endorsed or annexed . an or to the original summons a return stating the time and the manner in which the summons was served and the name and address or the person, if any, identifying the person served and witnessing the delivery or tender of the summons.
(6) Where the party to be summoned is a public officer or is the servant of company or local authority or any institution the officer is issuing the summons may, if it appears that summons may be most conveniently so served, send it by registered post prepaid for acknowledgement for service on the party to be summoned to the head of the office in which he is employed together with the copy to be served endorsed on the original summons.
75. Appeals Section 85 (2)– For the purposes of section 68, no appeal shall be entertained unless it is accompanied by a copy of the order appealed against.
76. Returns to be submitted by co-operative societies -Section 85 (2)– The registrar may lay down the returns to be submitted by a Co-op. Society and provide for the persons by whom and the form in which such returns will be submitted . if a Co-op. Society fails to comply with the directive within in a reasonable time, the Registrar may have the returns completed at the expenses of the Co-op. Society.
77. Inspection of documents – Section 85(2)- Any member of the public shall be permitted, on payment of a fee of one rupee for each occasion of inspecting, to inspect, for any lawful purpose, any public document (exclusive of public document privileged under sections 123, 124, 128 and 131 of the Indian Evidence Act, 1972 ) filed in the office of the Registrar, Co- operative Societies , and in particular the following documents namely :-
(1) The registration register
(2) The registration certificate of a Co- op. Society .
(3) The registered bye–laws of a co- op. Society and amendments effected in such bye –laws.
(4) An order canceling the registration of a co- op. Society.
(5) An order directing the liquidation of a registered co- op. Society.
(6) The annual accounts of the Co- op. Society.
(7) Any decision of the Registrar or award of an Arbitrator.
78. Fees for copies of public document:- The fees prescribed for certified copies of any public documents, which any person has under the proceeding rule a right of inspection, are as follows:-
|
1 |
For registration certificate |
Rs. 3-00 |
|
2 |
In the case of other documents, sum Calculated at the following rates:- |
|
|
(i) First two hundred words or under |
Rs. 0.75 |
|
|
(ii) Every additional hundred words of fraction thereof. |
Rs. 0.37 |
|
79. Form of order – The order of the liquidator under clauses (b) and (e) of sub-section (2) of section 59 shall be in the form given in Appendix (g) 279-A. The form of certificate to be issued under sub-section (2) of section 67-a shall be in the form given in Appendix ‘H’.
(i) At least fifteen day’s clear notice, specifying the date, place time and agenda for a meeting of a general body/committee and at least seven days clear notice for a meeting of any smaller body set up by either of them, whether convened by the registrar, the President or otherwise, shall be given to all the members of the general body/committee or smaller body, as the case may be:
Provided that a shorter notice may be given to all the members of the general body/committee or smaller body, as the case may be, with the permission of the registrar or under his direction.
(i-a) The Registrar, may, of his own motion or on a reference made to him, declare the proceeding of the meeting referred to in clause(1) is invalid, if he is satisfied that the meeting was held without proper notice or without all the members having received the notice for the meeting or if the meeting or if the meeting was not conducted at the appropriate place and time; and
(ii) No matter shall 1except with the permission of directions of the Registrar, be considered either in a meeting of a general body/committee or in a meeting of any smaller body, set up by either of them, unless that matter is specifically included in the agenda which is circulated to all members at least fifteen clear days or seven days in advance, respectively.
(iii) Should a difference of option in respect of any matter arise between a nominated member of the committee and other members thereof the option of the nominated member shall be recorded in the minutes of the proceeding of the meeting in the words of the nominated member and the proceedings. Shall also be got signed from the nominated member. As required by sub-section (4) of section 26 the chairman shall, as soon as possible. Make a reference to the Government and if no reference is made within seven days of meeting, the Registrar may, on receipt of a report from a nominated member, make a reference to the government for getting its decision.
2(2) .................................
80-A Bar on voting by Government nominated Members on certain matter, the members nominated by the Government to the committee of a Co-operative Society under clause (A) of sub-section (2) of Section 26 shall not vote in the election of the office bears of that Co-operative Society.
80-B The Managing Director of a Co-operative Society shall be its Principal Executive Officer and the employees of the Co-op. Society shall exercise their powers and perform their duties under his superintendence and control. The Managing Director shall exercise has powers and perform his duties under the over all supervision and control of the committee.
80-C Notwithstanding any thing containing in rule 80-B, when a chairman has been appointed in pursuance of proviso (a) to clause (a) of sub-section (2) of Section 26 of the Act and when such a Chairman is a member of the Indian Administrative Service, or Joint Registrar, or an Additional Registrar, Co-operative Societies. 23 and is also working whole-time in such a capacity, all power of the Principal Executive Officer, by whatever name called, of a Co-operative Society, will vest in the Chairman. All other employees of the Co-op. Society will exercise their powers and perform their duties his superintendence and control. The Chairman, with the prior approval of the Registrar, may delegate any of his powers to any employee of the Co-op. Society.
81. Repeal:- The Punjab Co-operative Societies Rules, 1956, are hereby repealed.
Provided that any action taken, order issued, bye law made under the provisions of the rules hereby repealed shall, in so far as it is not inconsistent with the provisions of these rules, be deemed to have been taken, issued or made under the provisions of these rules.
APPLICATION FOR REGISTRATION OF
A CO-OPERATIVE SOCIETY
We the undersigned hereby apply for the registration of a co-operative society as proposed hereunder Section 8 (1) of the Punjab Co-operative Societies Act, 1961, and enclose herewith three copies of the bye laws as required by rule 4
1. Name of proposed co-operative society
2. Class of co-operative society and liablity
3. Address to be registered
4. Areea of operation
5. Main objects
6. Number of members at present
7. Occupation of members
8. Estimated unsecured debts of members (in case of credit/service Co-op. Society)
9. Area Mortgaged by members (in case of credit service Co-op. Society and Mortgage banks)
10. Captial with details of shares, deposits fee, etc.
11. Value of share and mode of payment.
12. Names of members of managing committee.
13. Name of applicat for purposes of correspondance by the Register (See rule 3)
|
Name and Father’s Name |
Age |
Place of residence |
Number of residence (Vill& post office) |
Signature shares sub scribed |
|
1 |
2 |
3 |
4 |
5 |
APPENDIX
“G”
FORM
OF LIQUIDATION ORDER
Society
under liquidation Tehsil________________District___________ Authorised under
section 59 (2) (b) and(e) of the Punjab Co-operative Societies Act, 1961
do hereby order/assess
Shri____________________ Son of Sh.____________Caste________Resident
of_________ Tehsil__________
District _____________________to pay Rs____________________as Debts/
contribution/liquidation expenses, as
member /past member/estate Nominee, heir or
legal representative of
Shri________________Son of
Sh.________________resident of_________________ deceased member/past
officer/present officer toward assets of the Co-op. Society.
Liquidator___________________
Dated_______________________
APPENDIX “H”
(See Rule 79-A)
FORM OF CERTIFICATE FOR RECOVERY UNDER
SECTION 67-A OF THE ACT
Where the___________ Co-operative Society
Ltd.______________ Tehsil_____________District_____________made and advance of
Rs_________on_________to Shri_______________ Son of Shri__________________of
Village_________________ Its member and a sum of Rs.____________________ has
not been paid back by the said member to the society by the due date.
Whereas the Said Co-op Society has applied for the recovery of the said amount alongwith interest occurred thereon as areas of land revenue Whereas as I have satisfied myself, after due enquiry and after affording to the said Shri _____________________ son of Shri ________________________-an opportunity of being heard that the aforesaid sum of Rs. _____________with interest of Rs. ___________occurred thereon up to _________________________________at the rate of Rs. _________________ per annum is due.
Now, therefore, I _________________________exercise the powers of the Registrar, Co-operative Societies, Punjab do hereby grant this certificate under Section 67-A(2) (of the Punjab co operative Societies Act , 1961 for the recovery of the amount of as interest up to ______(total Rs.______________________)
Issued under my
hand and seal
Dated
EXERCISING
THE POWER OF
REGISTRAR,
CO-OPERATIVE SOCIETIES, PUNJAB
1.
A special general meeting of a co-operative society may be called from
time to time by the committee or by an officer of the co-operative society
under the directions of the committee.
2.
A special general meeting of a Co-operative Society shall be called by the Committee on the receipt of a
req2uisition for such a meeting from one-fifty of the total number of members.
3.
If, on the receipt of the requisition referred to in the proceeding rule the committee fails, within a reasonable time,
no exceeding one month call a the special general meeting the signatories to
the requisition may refer the matter to the Registrar who may, if he thinks
fit, summon the special general meeting.
4.
A special general meeting called by the Registrar or any person
authoriseed by him in writing shall be held in such manner and at such time and
place as may be directed by him.
5.
When the Registrar or any person authorised by him calls a special
general meeting of the co-operative society, the matter for consideration for
such a meeting may also be laid down by him and such matters shall be considered at the meeting so called.
6.
If at a general meeting or special general meeting there is no quorum
within one hour of the time fixed for the meeting it shall be adjourned and a
fresh general meeting or special general meeting, as the case may be shall be reconvened after giving due notice. If at
the reconvened meeting also there is no quorum within one hour of the time
appointed for the meeting, than at the end of one hour the members present
shall constitute quorum
7.
Every resolution a general meeting or special general meeting shall be
passed by a majority of the votes of the members present.
1.
A meeting of the committee shall be called from time to time by the
President or Chairman, as the case may be or such officer of the Co-operative
society as may be specified in the by-laws.
2.
Any three of one-third of the total members of the committee whichever
is less, may in writing request the President or Chairman, as the case may be,
of a co-operative society to summon a special meeting of the committee and may
propose items which shall be considered in such meeting. On receipt of such a requisition, the President or
Chairman shall convene a meeting of the Committee. If within seven days of the
receipt of this requisition, the
President or Chairman fails to summons the meeting, the Registrar, on the
application of the signatories of the requisition, may summon a meeting of the
committee after giving due notice to all the members as may be required under
the rules or bye-laws.
The quorum at a general meeting or a special general meeting shall be one-forth of the total number of members or 500 whichever is less. The quorum at a committee meeting shall be one-third of total number of members of the committee.
The Registrar or his representative may attend any meeting of the committee of a Co-operative Society at any time but he shall not have the right to vote unless permitted under the by-laws.
APPENDIX
‘C’
1. Definition: In this appendix, unless the context otherwise requires :
(a) “Eelection” means election to the committee
(b) “Returning Officer” means the Registrar or any person authorised by him in this behalf by a special or general order
(c) “Presiding Officer” means a person appointed by the Returning Officer to be incharge of the polling station for the purpose of the election.
(d) “Manager” means any person appointed as such by the Registrar for the purpose of the provisions contained in this Appendix and if no such person is appointed, then head of office of a co-operative society, by whatever name called, to whom the management of the Co-operative Society is entrusted.
(e) “Voter” means person entitled an elector who is authorised to vote on behalf of a co-operative society in the affairs of another co-operative society;
(g) “Candidate” means a voter who files his nomination papers to seek election of a member of the committee of a co-operative society.
2. Qualifications of candidates :- No person shall be eligible for election as a member of the committee if he is subject to any disqualification mentioned in the Act and rules framed thereunder.
3. Voting - The election shall be held by secret ballot and a voter shall exercise his vote only in favour of one candidate.
4. Election Programme (1): The manager shall draw a detailed programme of election and send the same to the Registrar for approval and for the appointment of Returning Officer for conducting the election..
(2) The zonal list of voters shall be prepared, if necessary, by the Manager in accordance with the directions issued by the Registrar from time.
(3) The notice indicating the election programme together with the zones constituted, if any shall be exhibited by the Manager at the registered office of the Co-operative society and at some common places in the area of operation of the co-operative society. This would be in addition to another made of notice which may be laid down either in the by-laws or in the resolution of the committee or may be specified by the Registrar by a general or special order.
5 Filing of nomination papers :The nomination papers duly completed shall reach the Returning Officer by such date , time and place as may be specified in the election programme.
6 Security of nomination paper :- (1) The Returning Officer shall scrutinise the nomination papers at the place, date and time specified in this behalf, hear objections, if any, presented by the objector in person to the eligibility of any candidate and dispose of these objections after such enquiry as he may consider necessary. The decision of rejections or accepting the nomination papers and brief statement of reasons thereof shall be endorsed on the nomination papers and signed by the Returning Officer. While scrutinsing the nomination papers, the Returning Officer may.
a) permit any clerical error in the nomination papers in regard to names or numbers to be corrected in order to being them in conformity with the corresponding entires in the list of voters.
b) Where necessary, direct that any printing error in the said entires may be overlooked.
(2) The person objecting under sub-rule (1) must be a voter.
(3) The returning officer shall, after scrutiny of nomination papers prepare and announce a list of validity nominated candidates and the same shall be exhibited at the registered office of the Co-op. Society. The Returning Officer after preparing the list of validity nominated candidate shall declare such candidate as elected if there is no contest about his election and communicate the same to the Presiding Officer and the Manager of the Co-op Society.
7. Withdrawal of nomination papers- Any candidate may withdraw his nomination by a notice in writing which shall be subscribed by him and delivered to the Returning Officer by the date as specified in the election programme.
8. Death of a candidate- if report is received by the Returning officer of the death of a candidate after the last date of the filling of the nomination papers and before the commencement of the poll, the Returning Officer shall cancel the poll in respect of that Zone for which he was a candidate and report the fact to the Manager and all proceedings with reference to the election of that zone shall be commenced again on the basis of the list of voters already prepared.
9. Appointment of Presiding Officer and his duties. :- The Returning Officer may appoint Presiding Officer for each polling station and also Polling Officer and Polling Assistants to assist the Presiding Officer to conduct the poll. The Presiding Officer shall perform such duties as may be prescribed by the Registrar from time to time.
10. Procedure of casting of vote: - (1) If the Registrar so requires a voter shall be required to produce an admission card, , at the time of casting of his vote, top be issued by the co-operative society under postal certificate, the representative of members society in addition, produce resolution of their respective co-operative society authorising them to represent the co-operative society in the general meeting.
Provided that a copy of resolution, duly attested, of a co-operative society authorising one of its members to represent it for election shall reach the Manager of the Co-op. Society whose election, is to be held at least four days before the date of polling. In case such a resolution is not received by the Manager within the stipulated period such representative of the Co-op. Society shall not be entitled to vote.
(2) If any difficulty in regard to the identification of individual members or representatives of the member Co-op. Societies Returning Officer or the Presiding Officer, as the case may be , may call upon one or more officials of the State Co-operative Department to assist him.
(3) The Manager shall make such arrangements in regard to the admission and seating of members and others invited by the co-op. As may be considered necessary by Returning Officer.
11. Declaration off election result :- (1) After the counting of the votes has been completed, the candidates who secure a majority of votes shall be declared elected by the Returning Officer or the presiding Officer, as the case may be , if the number of votes in favour of two or more candidates are equal, the matter shall be decided by lots drawn by the Returning Officer or the Presiding Officer, as the case may be.
(2) When the result of the election has been declared the Returning Officer or the Presiding Officer, as the case may be shall prepare a consolidated list of elected candidates, including those declared elected unopposed and communicate the names of persons elected under his signatures to the Assistant Registrar and the Deputy Registrar concerned and in the case of the central and apex Co-op. Societies such a list shall also be sent to the Registrar apex, Co-op. The Returning Officer or the Presiding Officer, as the case may be , shall also direct the Manager to exhibit a list of the names of persons elected at some conspicuous place at the registered office of the Co-op. Society for a minimum period of 7days after the declaration of the result of the election.
12. General : (1) The Registrar may issue such instructions as may be necessary for the purpose of drawing of election programme, filing of nomination papers, withdrawal of nomination papers, allotment of symbols, manner of voting counting and other relevant matters to facilitate the holding of elections in respect to a Co-op. Society or class of C-op. Societies.
(2) If any dispute arises in connection with the election of any officer of the Co-op. Society, it shall be referred within 90 days of the date of declaration of the result of such election to the Registrar in the same manner as provided in rule 51 of the Rules.
PART
II
RULES
FOR ELECTION IN PRIMARY
CO-OPERATIVE
SOCIETIES IF HELD IN A SPECIAL MEETING
1. Calling of General Meeting : (1) The meeting for the election shall be convened by the Manager or the Secretary of the Cooperative society, as the case may be, under the directions of the committee in the manner prescribed in the bye-laws of the Co-op. Society and at least 15 days notice specifying the date time and place of the meeting shall be given to all member.
2. The notice of the meeting shall be given
(i) by affixing a copy of the notice at the officer of the Co-operative Society; and
(ii) a) by circulation of the notice book and getting the signatures of members on it; or
b) by sending the notice to the members by “Registered post; or
c) by beat of drum in the area of operation of the Cooperative Society; provided the area of 9operation consist of one village only..
3. Presiding over the meeting: The meeting shall be presided over the Returning Officer.
4. Proposals of candidates for contesting election :- The name of the candidates shall be proposed and seconded by any of the members present in the meeting
2 The Returning Officer shall ask for withdrawal, if any, of the names proposed immediately after such proposals have been made.
5. Voting :If the number of the candidates left after the withdrawal is equal to ore less than the number of persons to be elected, then all the persons shall be declared elected by the Returning Officer.
If the number of the candidates is larger than the number of persons to be elected, then the election shall take place by secret ballot.
APPENDIX “D”
I______________________________Age______________________residingAt______________________________________having been admitted to the Limited_________________and being desirous of borrowing loan from The Co-op. Society_______________________________________________ With unlimited liability having borrowed loan from The Co-op Society _______________________________________________ The date of coming into force of the Punjab Co-operative Societies Act 1961 marked this declaration as required by secton 32 of the Punjab Cooperative Societies Act, 1961 that
I_________________own__________________land specified in the have interest as a tenant in Schedule, and I hereby create a charge on the said _____land________ In favour of the Co-operative Society for the payment of the amount of loan which the Co-op Society ____may make_______and for all future advance had made if any which the Co-op Society may make to me subject to the maximum amount Rs. ____________________________ together with interest on such amount of the loan and advances.