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Ejaz Ahmads  Commentaries on  U.P. Co-operative Societies Act, 1965 by Mahavir Singh
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Ejaz Ahmads Commentaries on U.P. Co-operative Societies Act, 1965 by Mahavir Singh

by Revised by Mahavir Singh
Edition: 5th Edition, 1989  with Supplement 1992
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Product Details:

Format: Hardcover
Pages: 879 pages
Publisher: Eastern Book Company
Language: English
ISBN: 8170124050
Dimensions: 24.2 CM X 5.10 CM X 16 CM
Publisher Code: B/405
Date Added: 2001-01-01
Search Category: Lawbooks

Overview:

With a synopsis at the beginning, the work provides very crisp and analytical commentary on each section. It is supported with Court rulings and the author has emphasised on the principles laid down by the Supreme Court and the High Courts in respect of the law relating to the Co-operative Societies.

Reviews

 

  • All India Reporter : In this commentary all the important Indian cases have been included. A large number of foreign cases are also added to have a clear view of the complicated points of law. There are XV chapters covering 135 sections and XI appendices; a table of cases; latest notifications under Section 113 and a subject-index is also added at the end in the book. The book will be of immense help to those who are concerned with the Co-operative Societies Act.
  • Gujarat Law Reporter : The present revising author has in this book, painstakingly updated the various rules and notifications on the subject. The learned author has also drawn on the principles laid down by the Supreme Court and various High Courts including the Allahabad High Court. The book contains everything that a practitioner on the Co-operative line would require, and over and above legal practitioners, it will also be of great use and utility to the organizations in the co-operative field in U.P. and elsewhere.

 

  • Kerala Law Times : Profuse reference has been made to the decisions of the Supreme Court and various High Courts, taking into account the various parent decisions of English Courts. This is a dependable reference book to those who are in need of any query on co-operative movement.

 

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Table Of Contents:

                   INTRODUCTION 1
                   PREAMBLE 20

CHAPTER I : PRELIMINARY
                   Short title, extent and commencement 40
                   Definitions 46

CHAPTER II : REGISTRATION OF CO-OPERATIVE SOCIETIES
                   Registrar 73
                   Societies which may be registered 84
                   Registration with limited or unlimited liability 89
                   Application for registration 90
                   Registration 98
                   Registration certificate 100
                   Co-operative Societies to be bodies corporate 102
                   Change of name of co-operative society 109
                   Change of liabilities 110
                   Amendment of bye-laws of a co-operative society 113
                   When amendments of bye-laws come into force 118
                   Power to direct amendments in bye-laws 118
                   Amalgamation and merger of co-operative societies 124
                   Division of co-operative societies 129

CHAPTER III MEMBERS OF CO-OPERATIVE SOCIETIES AND THEIR RIGHTS AND LIABILITIES
                   Persons who may be members of a co-operative society 133
                   Classes of members 138
                   Member not to exercise right till due payment made 140
                   Vote of members 142
                   Manner of exercising vote 147
                   Restriction on holding of shares 147
                   Restrictions on transfer of shares or interest 149
                   Transfer of interest on death of member 151
                   Liability of past member and estate of deceased member 157
                   Admission to and withdrawal from membership 163
                   Universal membership for primary agricultural credit society 165
                   Removal or expulsion of a member by a society or the
                   Registrar 167

CHAPTER IV : MANAGEMENT OF SOCIETIES
                   Final authority in co-operative society 173
                   Committee of Management 177
                   Chairman 202
                   The Secretary, his emoluments and functions 207
                   Appointment of Managing Director instead of
                   Secretary for apex societies 212
                   Annual general meeting 216
                   Other general meetings 224
                   Nominees of the Government on the Committee of
                   Management 225
                   Supersession or suspension of committee of management 231
                   Securing possession of records, etc. 244
                   Registrar's emergency powers to seize records, etc. 246
                   Removal of an officer of a co-operative society 248

CHAPTER V : PRIVILEGES OF CO-OPERATIVE SOCIETIES
                   First charge of co-operative society on certain assets 250
                   Deduction from salary to meet society's claim in certain cases 258
                   Charge and set-off in respect of shares or interest of members
                   in the capital of a co-operative society 261
                   Share or interest not liable to attachment 263
                   Exemption from compulsory registration of instruments 264

CHAPTER VI : STATE AID TO CO-OPERATIVE SOCIETIES
                   Promotion of co-operative movement by Government 266
                   Principal State Partnership Fund 270
                   Subsidiary State Partnership Fund 272
                   Approval of State Government for purchase of shares 273
                   Liability to be limited in respect of certain shares 274
                   Restrictions on amount of dividend 274
                   Indemnity of apex and central societies 275
                   Disposal of share capital and dividends, etc. 275
                   Disposal of Principal State Partnership Fund and Subsidiary
                   State Partnership Fund on winding up of an apex or
                   central society 276
                   Principal State Partnership Fund and Subsidiary State
                   Partnership Fund
                   not to form part of the assets 277
                   Terms and conditions for providing moneys 277
                   Other forms of State aid to co-operative societies 277
                   Provisions of this Chapter to override other laws 282

CHAPTER VII : PROPERTIES AND FUNDS OF CO-OPERATIVE SOCIETIES
                   Fund not to be divided 282
                   Disposal of net profits 283
                   Investment of funds 287
                   Restrictions on borrowings 288/3
                   Restrictions on loans 288/4
                   Restrictions on other transactions with non-members 288/8
                   Contributory Provident Fund 288/9

CHAPTER VIII : AUDIT, INQUIRY, INSPECTION AND SURCHARGE
                   Audit 288/11
                   Inquiry by Registrar 288/16
                   Inspection of books and property of a co-operative society 291
                   Costs of inquiry 294
                   Surcharge 295
                   Registrar's power to order remedying of defects 298

CHAPTER IX : SETTLEMENT OF DISPUTES
                   Disputes which may be referred to arbitration 299
                   Reference of dispute to arbitration 350
                   Powers of creditor society against debtor society
                   and its members 365

CHAPTER X : WINDING UP AND DISSOLUTION OF CO-OPERATIVE SOCIETIES
                   Winding up of co-operative societies 367
                   Liquidator 371
                   Power of Liquidator 375
                   Bar of suit in winding up and dissolution matters 396
                   Cancellation of registration of a co-operative society 404

CHAPTER XI : CO-OPERATIVE FARMING SOCIETIES
                   Registration of Co-operative Farming Societies 406
                   Certain requirements of registration 409
                   Consequences of registration 409
                   Lunacy of members 412
                   Admission of new members 413
                   Effect of cessation of membership 414
                   Heirs entitled to become members of the co-operative
                   farming society 416
                   Consolidation of land held by a co-operative farming society 416
                   Distribution of profit 418
                   Power of a co-operative farming society to raise loan on
                   the mortgage
                   of land held by it 419
                   Concessions and facilities for co-operative farming societies 420
                   Power to make rules 420
                   Definitions 421
                   Provisions of Chapter to prevail over other laws 422

CHAPTER XI-A : INSURED CO-OPERATIVE BANKS
                   Interpretation 422
                   Special provisions applicable to insured Co-operative Banks 424

CHAPTER XII : EXECUTIONS OF AWARDS AND ORDERS
                   Enforcement of charge 428
                   Execution of certain orders and awards 431
                   Registrar or person empowered by him to be a civil court for
                   certain purposes 446
                   Attachment of property before award or order 447
                   Recovery of sums due to Government 448
                   Special provision for recovery of certain dues of
                   agricultural society 449

CHAPTER XIII : APPEAL AND REVIEW
                   Co-operative Tribunal 451
                   Appeal against awards of Registrar 453
                   Appeal against the awards, orders and decisions 453
                   Review of order of appellate authority 461
                   Interim orders 463
                   Transfer of appeals 464
                   Finality of orders and decisions 465

CHAPTER XIV : OFFENCES AND PENALTIES
                   Offences and penalties under the Act 466
                   Penalty for contravention of Section 8 or Section 106 472
                   Compounding of offences 473
                   Cognizance of offences 473

CHAPTER XV : MISCELLANEOUS AND TRANSITIONAL PROVISIONS
                   Prohibition against the use of word ''lgdkjh or Co-operative'' 476
                   Address of co-operative Society 477
                   Copy of Act, rules and bye-laws to be open to inspection 478
                   Powers of civil court to tribunals, arbitrators and others in
                   certain matters 478
                   Exemption from Indian Limitation Act, 1963 480
                   Bar of jurisdiction of court 480
                   Power to exempt society from conditions of registration 481
                   Power to exempt class of societies 482
                   Register of members 483
                   Proof of the entries in books of co-operative societies 484
                   Service of notice under the Act 487
                   Notice necessary in suits 488
                   Control of expenditure in litigation in certain cases 489
                   Acts of co-operative societies not to be invalidated by
                   certain defects 490
                   Indemnity 491
                   Qualifications for appointment as secretary, manager, etc. of
                   co-operative societies 491
                   Power of Registrar to determine terms of employment
                   of society 492
                   Authority to control employees of co-operative societies 492
                   Centralisation of certain services 496
                   Constitution or recognition of co-operative federal authority to
                   supervise working of co-operative societies 498
                   Registrar and other officers to be public servants 501
                   Powers of Registrar to direct amalgamation or merger of
                   co-operative societies 504
                   Power of Registrar to direct division of a co-operative society
                   into two or more co-operative societies 506
                   Writing off of non-recoverable assets 507
                   Registrar's power to annul resolution of a co-operative society or
                   cancel order passed by an officer of a co-operative society in
                   certain cases 508
                   Registrar's power to permit a co-operative society to function as a
                   Land Development Bank 510
                   Power to make rules 510
                   Provisions in regard to existing societies and their bye-laws 516
                   Other provisions in regard to existing societies 519
                   Power to remove difficulties 520
                   Repeals, amendment and construction of enactments 521
                   Certain Acts not to apply to co-operative societies 523

APPENDICES
                   U.P. Co-operative Societies Rules, 1968 525
                   U.P. Co-operative Societies Employees' Service
                   Regulations, 1975 655
                   U.P. Co-operative Banks Centralised Service Rules, 1976 688
                   U.P. Primary Agricultural Co-operative Credit Societies Centralised
                   Service Rules, 1976 692
                   U.P. Co-operative Department Accounts (Non-Gazetted) Service
                   Rules, 1977 703
                   U.P. Co-operative Department Group III Subordinate Service
                   Rules, 1977 713
                   U.P. Co-operative Consumer's Stores Centralised Service
                   Rules, 1979 721
                   U.P. Co-operative Service Rules, 1979 726
                   U.P. Co-operative Processing Units and Cold Storages Centralised
                   Service Rules, 1981 754
                   U.P. Regularization of Ad Hoc appointments (On Posts belonging to
                   Co-operative Societies Centralised Service) Rules, 1985 809
                   Notifications 760
                   U.P. Co-operative Societies Act, 1965
                   SUBJECT INDEX 813
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