KERALA CO-OPERATIVE SOCIETITES ACT, 1969

Department of Cooperation, Government of Kerala > KCS Acts & Rules > KERALA CO-OPERATIVE SOCIETITES ACT, 1969

KERALA CO-OPERATIVE SOCIETITES ACT, 1969

Part A

Section Description
Preamble
1. Short title, extent and commencement
2 Definitions
3 Registrar
4 Societies which may be registered
5 Registration with limited liability only
6 Application for registration of Co-operative Societies
7 Registration
8 Registration Certificate
8A Affiliation to Apex Society
9 Co-operative Societies to be bodies corporate
9A Publication of name by a Co-operative Society
10 Change of name of society
11 Change of liability
12 Amendment of bye-laws of a Society
13 When Amendment of bye-laws come into force
13A Subject matter of bye-laws
14 Amalgamation, transfer of assets and liabilities and division of society
14A Promotion of subsidiary Institutions for economic welfare of members
14B Partnership of Co-operative Societies
15 Cancellation of registration certificate of societies in certain cases
CHAPTER III
Member of Co-operative Societies and their rights and liabilities
16 Persons who may become members
16A Ensuring participation of members in the management of societies
17 Expulsion of members
18 Nominal or associate members
19 Member not to exercise rights till due payment made
19A Member participation
19B Right of a member to get information
20 Votes of members
21 Manner of exercising vote
22 Restrictions on holding of shares
23 Restrictions on transfer of shares or interests
24 Restriction on withdrawal of shares
25 Transfer of interest on death of members
26 Liabilities of past member or of estate of deceased member
CHAPTER IV
Management of Co-operative Societies
27 Final authority in a society
28 Appointment of committee
28A Reservation for women members and members belonging to Scheduled Castes or Scheduled Tribes in the committee
28AA Reservation for persons with banking experience or professional qualification in the committees of Urban Co-operative Banks
28AB Election and Removal of President, Vice President etc.
28B State Co-operative Election Commission
29 Annual general body meeting
30 Special general body meetings
31 Nominees of Government on committee of an apex or a central society
32 Supersession of Committee
33 Appointment of new committee or Administrator on failure to constitute committee, etc.
34 Securing possession of Records etc.
CHAPTER V
Privileges of Co-operative Societies
35 First charge of society on certain assets
36 Charge on land owned or held by members borrowing loans from certain Societies
36A Charge on movable or immovable property of borrower by creating Gehan
37 Deduction from salary to meet society’s claim in certain cases
38 Charges and set off in respect of shares or interest of members in the capital of a society
39 Shares or interest or reserve fund not liable to attachment
40 Exemption from certain taxes, fees and duties.
41 Exemption from compulsory registration of instruments
CHAPTER VI
State Aid to Co-operative Societies
42 Direct partnership of Government in societies
43 Indirect partnership of Government in societies
44 Principal State Partnership Fund
45 Subsidiary State Partnership Fund
46 Approval of Government for purchase of shares
47 Liability to be limited in respect of certain shares
48 Restrictions on amount of dividend
49 Indemnity of apex and central societies
50 Disposal of share capital and dividend, etc.
51 Disposal of Principal State Partnership Fund and Subsidiary State Partnership Fund on winding up of apex or central society
52 Agreement by Government and apex societies
53 Order forms of State aid to societies
54 Provisions of Sections 43 to 52 to override other laws
Chapter VI
Properties and funds of Co-operative Societies
55 Funds not to be divided
56 Disposal of net profit
56A Disposal of non banking assets
57 Investment of funds
57A Co-operative Development and Welfare Fund
57B Deposit Guarantee Scheme
57C Consortium Lending Scheme
57D Co-operative Risk Fund Scheme
58 Restrictions on borrowings
59 Restrictions on loans
60 Restrictions on other transactions with members
61 Provident Fund
62 Gratuity
CHAPTER VIII
Part A – Audit
63 Director of Co-operative Audit
64 Scope of audit, Powers of the Director of Co-operative Audit and Procedure for Audit
Part B – Inquiry, Suspension, Investigation and Surcharge
65 Inquiry by Registrar
66 Supervision and inspection
66A Powers of the Registrar to give directions
66B Suspension of Officers
66C Submission of return to the Registrar
67 Cost of inquiry or inspection
68 Surcharge
68A Vigilance Officer
CHAPTER IX
Settlement of Disputes
69 Disputes to be decided by Co-operative Arbitration Court and Registrar
69A Co-operative Ombudsman
70 Award on disputes
70A Co-operative Arbitration Courts
70B Provisions as to pending proceedings
CHAPTER X
Winding up and dissolution of Co-operative Societies
71 Winding up of Societies
72 Liquidator
73 Powers of Liquidator
74 Cancellation of registration of Society
CHAPTER XA
Insured Co-operative Banks
74A Insured Co-operative Banks
CHAPTER XB
Special provisions relating to Co-operative Societies, their office bearers and employees
74B Opening of Branches
74C Inspection in certain Co-operatives
74D Duty of Chief Executive to supply confirmation certificate
74E Manner of acceptance of deposits and lending of money
74F Write off of loans
74G Library in Co-operative Societies
CHAPTER XI
Execution of awards, decrees, orders and decisions
75 Enforcement of charge
76 Execution of orders etc.
77 Registrar or person empowered by him to be a civil court for certain purposes
78 Attachment of property before award or order
79 Recovery of sums due to Government
CHAPTER XII
Establishment
80 Officers, etc. Of Co-operative Societies
80A Pension Scheme
80B Co-operative Service Examination Board
80C The Kerala Co-operative Employees Welfare Scheme
80D Kerala Co-operative Employees Welfare Board
80E Transfer of assets and control of the existing Kerala State Co-operative Employees Welfare Board
CHAPTER XIII
Appeals, Revision and Review
81 Tribunal
81A Provisions as to certain pending proceedings
82 Appeals to Tribunal
83 Appeals to other authorities
84 Revision by Tribunal
85 Review of orders by Tribunal
86 Interlocutory orders by Tribunal
87 Powers of revision of Registrar and Government
CHAPTER XIV
Co-operative Unions
88 Constitution of Circle Co-operative Unions
88A Appointment of officer on default or negligence of members of Circle Co-operative Union
88B Appointment of Officers on failure to constitute the Circle Co-operative Union
88C Removal of Chairman
89 Establishment of State Co-operative Union
89A Appointment of officer or committee on default or negligence of the managing committee of the State Co-operative Union
89B Appointment of Officers or committee on failure to constitute the managing committee of the State Co-operative Union
89C Removal of Chairman, Vice Chairman etc.
90 Co-operative Societies to affiliate to State Co-operative Union
91 Functions of State Co-operative Union
92 Assets, liabilities etc. Of Regional Unions
93 Assets, liabilities etc. Of State Union
CHAPTER XV
Offences and Penalties
94 Offences
95 Cognizance of offences
95A Offences by companies
CHAPTER XVI
Miscellaneous
96 Address of a society
97 Copy of Act, rules and bye-laws to be open to inspection
98 Tribunal, Registrar etc. To have certain powers of civil court
99 Orders to be pronounced
100 Bar of jurisdiction of courts
101 Power to exempt societies
102 Register of members
103 Proof of entries in society’s book
104 Service of notice
105 Acts of societies not to be invalidated by certain defects
106 Immunity for acts done or purporting to be done in good faith
107 Companies Act, 1956, not to apply
108 Duties of Police Officer
109 Power to make rules
110 Repeal and savings
Schedule I
Schedule II
Schedule III