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The Gujarat Co-Operative Societies Act, 1961

170 sections · 0 chapters

Section undefined Preamble
Section 1 Short title, extent and commencement.
Section 2 Definitions.
Section 3 Registrar and other officers and their powers.
Section 4 Societies which may be registered
Section 5 Registration with limited or unlimited liability
Section 6 Conditions of Registration.
Section 7 Power to exempt societies from conditions as to registration.
Section 8 Application for registration.
Section 9 Registration and provisional registration, certificate of registration.
Section 10 Registrar of societies.
Section 11 Power of Registrar to decide certain questions.
Section 12 Classification of societies.
Section 13 Amendments of bye-laws of societies.
Section 14 Power to direct amendment of by-laws.
Section 15 Change of name
Section 16 Changes of Liability.
Section 17 Amalgamation, transfer, division or conversion of societies.
Section 17A Powers to direct amalgamation and re-organisation of societies in public interest, etc.
Section 18 Cancellation of registration of amalgamated divided or converted societies.
Section 19 Reconstruction of societies.
Section 20 Cancellation of registration.
Section 21 Partnership of societies.
Section 22 Person who may become member.
Section 23 Removal from membership in certain circumstances.
Section 24 Open membership.
Section 25 Nominal associate and sympsthiser member
Section 26 Cessation of membership.
Section 27 No rights of membership to be exercised till due payments are made
Section 28 Voting powers of members.
Section 29 Restrictions on holding of shares.
Section 30 Restrictions on transfer of share or interest
Section 31 Transfer of interest on death of member
Section 32 Shares or interest not liable to attachment
Section 33 Right of members to see books, etc.
Section 34 Liability of person who has ceased to be member
Section 35 Insolvency of members.
Section 36 Expulsion of members.
Section 37 Societies to be bodies corporate.
Section 38 Address of societies.
Section 39 Register of members.
Section 40 Copy of Act, etc. to be open to inspection
Section 41 Admissibility of copy of entry as evidence
Section 42 Exemption from compulsory registration of instruments relating to shares and debentures of society.
Section 43 Power to exempt from taxation.
Section 44 Restriction on borrowings.
Section 44A Power of Committee of co-operative credit structure
Section 45 Restrictions on making loans.
Section 46 Restrictions on other transactions with non members
Section 47 Change and set-off in respect of share or interest of member on immovable property of members borrowing from certain societies.
Section 48 Prior claim of society
Section 49 Charge on immovable property of members borrowing from certain societies.
Section 50 Deduction from salary to meet society’s claim in certain cases.
Section 51 Direct partnership of State Government in societies.
Section 52 Indirect partnership of State Government in societies.
Section 53 Principal State Partnership Fund
Section 54 Subsidiary State Partnership Fund
Section 55 Approval of State Government for purchase of shares
Section 56 Liability to be limited in respect of certain shares
Section 57 Restriction on amount of dividend.
Section 58 Indemnity of Apex and Central Societies.
Section 59 Disposal of share capital and dividend, etc.
Section 60 Disposal of Principal or Subsidiary State Partnership Fund on Winding up of Apex or Central Society
Section 61 Principal or Subsidiary State partnership Fund not to form part of assets
Section 62 Agreement by State Government and Apex Societies
Section 63 Other forms of State aid to societies.
Section 64 Provisions of this Chapter to override other laws
Section 65 Fund not to be divided
Section 66 Appropriation of profits.
Section 67 Reserve Fund
Section 67A Bad Debt Reserve Fund.
Section 68 Restriction on dividend.
Section 69 Contribution to education fund of Gujarat State Co-operative Union.
Section 70 Contribution to public purposes.
Section 71 Investment of Funds.
Section 72 Employees provident fund.
Section 73 Final authority of society.
Section 73A Freedom for affiliation or disaffiliation with a federal society of choice.
Section 74 Committee, its powers and functions.
Section 74A Disqualification for being designated officer simultaneously of certain specified societies or for being designated officer of the same society for more than six years.
Section 74B Reservation of seats on committees of certain societies for Scheduled Castes and Tribes and small and marginal farmers.
Section 74C Provision for conduct of elections committees and officers of certain societies and term of office of members of such committees.
Section 74D Appointment of custodian in certain circumstances.
Section 75 Handing over records and property to new Chairman on election.
Section 75A Restriction on rates of sitting foes and travelling and daily allowances of members of committees.
Section 76 Appointment of officers and employees and their conditions of service.
Section 76A Appointment or removal of Managing Director or Chief Executive Officer to be approved
Section 76B Removal of officer.
Section 77 Annual general meeting.
Section 78 Special general meeting.
Section 79 Acts of societies, etc., not to be invalidated by certain defects.
Section 80 Power to appoint Government nominee.
Section 80A Extension of term of nominated committee or appointment of custodian.
Section 81 Super session of committee.
Section 81A Supersession of Committee of Primary Agricultural Credit Co-operative Society
Section 82 Register’s power to enforce performance of obligations.
Section 83 Register’s power to seize records, etc.
Section 84 Auditor
Section 85 Rectification of defects in accounts.
Section 86 Inquiry by Registrars.
Section 87 Inspection of book of indebted society
Section 88 Inspection of books by Registrar or Financing Bank or federal society.
Section 89 Suspension of officer or servant of society
Section 90 Costs of inquiry and inspection
Section 91 Mode of recovery of sums imposed as penalty or awarded as costs.
Section 92 Registrar to bring defects disclosed in inquiry or inspection to notice of society
Section 93 Power of Registrar to assess damages against delinquent promoters, etc.
Section 94 Power to enforce attendance etc.
Section 95 Constitution or recognition of federal society to supervise working of societies.
Section 96 Disputes.
Section 97 Limitations.
Section 98 Settlement of disputes.
Section 99 Procedure for settlement of disputes and power of Registrar, his nominee or board of nominees.
Section 100 Attachment before award.
Section 101 Decision of Registrar or his nominee, or board of nominees
Section 102 Appeal against decision of Registrar or his nominee or board of nominees.
Section 103 Money how recovered.
Section 104 Private transfer of property made after issue of certificate void against society.
Section 105 Transfer of property which cannot be sold.
Section 106 Recovery of crop loans.
Section 107 Winding up.
Section 108 Appointment of liquidator.
Section 109 Appeal against order of winding up.
Section 110 Power of Liquidator
Section 111 Effects of order winding up
Section 112 Bar of suit in winding up and dissolution matters
Section 113 Audit of Liquidator’s accounts
Section 114 Termination of liquidation proceedings.
Section 115 Disposal of surplus assects
Section 115A Order foe winding up, reconstruction, super session of committee, etc. of insured Co-operative Bank not to be made without sanction or Requisition of Reserve bank of India.
Section 115B Definitions.
Section 115C Qualifications and disqualifications for being committee member.
Section 115D Right to vote.
Section 115E Term of officers.
Section 115F Ensurance of certain things by Committee.
Section 115G Urban Bank Credit Equalization Fund.
Section 115H Officers and theirs punishment and Cognizance
Section 115I Application of the provisions of section 84 to specified bank
Section 115J Chapter to override other provisions of Act.
Section 115K Savings.
Section 115L transitory provisions.
Section 116 Application of Chapter to certain Land Development Bank.
Section 117 Definitions
Section 118 Appointment, powers and functions of Trustee.
Section 119 Issue of debentures.
Section 120 Guarantee by State Government.
Section 121 Vesting of property in trustee and debenture holder’s charge on assets.
Section 122 Priority of mortgage.
Section 123 Order granting loans conclusive of certain matters.
Section 124 Mortgages executed in favour of Primary Land Development Banks to stand vested in State Land Development Bank
Section 125 Registration of mortgage in favour of Land Development Banks.
Section 126 Mortgages not to be questioned on insolvency of mortgagor.
Section 127 Right of land development bank to pay prior debrs of mortgagor.
Section 128 Mortgages executed by managers of joint Hindu families.
Section 129 Restrictions on lease.
Section 130 Section 8 of Act XXXII of 1956 to apply to mortgages to Land Development Banks, subject to certain modifications.
Section 131 Power of Primary Land Development Bank to receive money and give discharge.
Section 132 Power of land Development Bank where mortgage property is destroyed or security becomes insufficient.
Section 133 Power to distrain.
Section 134 Sale of mortgaged property.
Section 135 Right of mortgage bank to buy mortgaged property.
Section 136 Confirmation of sale.
Section 137 Disposal of sale proceeds.
Section 138 Certificate to purchaser, delivery of property and title of purchaser
Section 139 Recovery of loans on Certificate by Registrar
Section 140 Collector to make recoveries during certain period.
Section 141 Provision for guarantee funds to meet certain losses.
Section 142 Agreements executed by members for loans advanced by Land Development Banks to be conclusive evidence
Section 143 Exemption of officer of Land Development Banks from personal appearance before registering officers
Section 143A Transfer of rights and liabilities of Government in respect of schemes sanctioned under Bom. XXVIII of 1942
Section 144 Service of notice
Section 145 Officers of banks not to bid at sales
Section 145-I Removal or reduction of period of disqualification
Section 145-J Corrupt practices
Section 145-N Penalty for disorderly conduct in or near polling station
Section 145-O Penalty for misconduct at the polling station
Section 145A Application
Section 145B Definitions
Section 145C Time when election to be held
Section 145D Conduct of elections
Section 145E Cost of conducting elections
Section 145F Disqualification for membership
Section 145G [Deleted.]
Section 145H [Deleted.]
Section 145K Maintenance of secrecy of voting.
Section 145L Officers etc. at election not to act for candidates or to influence voting
Section 145M prohibition of canvassing in or near polling station
Section 145P Penalty for illegal hiring or procuring of conveyances at elections
Section 145Q Breaches of a official duty in connection with election
Section 145R Removal of a ballot papers from polling station to be offence
Section 145S other offences and penalties therefore
Section 145T Application of section 149 to offences under this Chapter subject to certain modifications
Section 145U Disputes relating to elections to be submitted to the Tribunal
Section 145V Deposit towards cost for hearing and power to award cost
Section 145W Contents of petition
Section 145X Relief that may be claimed by the petitioner
Section 145Y Powers to make rules for purposes of this Chapter
Section 145Z Special provision for election of officers of specified societies
Section 146 Prohibition of use of the word “Co-operative”
Section 147 Offences
Section 148 Punishments for offences under section 147
Section 149 Cognizance of offences
Section 150 Gujarat State Co-operative Tribunal
Section 151 Review of orders of Tribunal.
Section 152 Tribunal to have power of Civil Court
Section 153 Appeals
Section 154 Extension of period limitation of appellate authority in certain cases
Section 155 Power of State Government and Registrar to call for proceedings of subordinate officers to pass orders thereon
Section 156 Constitution of State Co-operative Council, its functions, etc.
Section 157 Recovery of sums due to Government.
Section 158 Competency of a member to transfer land or interest therein to society.
Section 159 Registrar’s powers to recover certain sums by attachment and sale of property
Section 160 Registrar’s powers to give direction
Section 161 Power to exempt societies from provisions of Act
Section 162 Delegation of powers of State Government and of Registrar
Section 163 Branches etc. of societies outside the State
Section 164 Registrar and other officers to be public servants
Section 165 Indemnity for acts done in good faith
Section 166 Bar of Jurisdiction of Courts
Section 167 Notice necessary in suits
Section 168 Rules
Section 169 Repeal saving and construction
Section 170 Companies Act not to apply.
Section undefined Schedule

The Gujarat Co-Operative Societies Act, 1961

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The Gujarat Co-Operative Societies Act, 1961
Section 145P

←Section 145M Section 145Q→

Section 145P of The Gujarat Co-Operative Societies Act, 1961 — Penalty for illegal hiring or procuring of conveyances at elections

Bare section text

Official Legislative Text

Penalty for illegal hiring or procuring of conveyances at elections. If any person is guilty of any such corrupt practice as is specified clause (3) or (4) of section 145-J at or in connection with an election , he shall, on conviction , be punished with fine which may extend to thousand rupees.

Notes for this section are being prepared — this page will update on its own once they’re ready.

145MPreviousSection 145M prohibition of canvassing in or near polling station 145QNextSection 145Q Breaches of a official duty in connection with election