AMMENDMENT BILL - (Structural Reforms)

 

1

Title and commencem-ent
This Act may be called the Punjab Cooperative Societies (Amendment) Act, 1999.

2

Insertion of new Section 2(ee) in the Punjab Cooperative Societies Act,1961
In the Punjab Cooperative Societies Act, 1961 (hereinafter referred to Principal Act) a new Section 2(ee) shall be inserted as follows:
2(ee) "Director, Cooperative Audit means a person appointed by the Government to perform functions of Director, Cooperative Audit of Cooperative Societies under the Act."

3

Insertion of new Section 7(3) in the Punjab Cooperative Societies Act, 1961
In the Principal Act, new section shall be inserted as follows:-
7(3). The application shall also be accompanied by registration fee as may be prescribed.

4

Substitution of Section 8(3) in the Punjab Cooperative Societies Act, 1961
In the Principal Act, Section 8(3) shall be substituted as follows :
8(3) The Registrar shall dispose the application for registration within 120 days. In case no decision is communicated within the said period, it shall be deemed that the applicant society has been registered.

5

Insertion of new Section 9(2) in the Punjab Cooperative Societies Act, 1961.

 

 

 
In the Principal Act, new Section 9(2) shall be inserted as follows :
9(2) Where a society has been deemed to have been registered under section 8(3), the Registrar shall issue, a certificate of deemed registration signed by him within 30 days after the expiry of 120 days and such a certificate shall be conclusive evidence that the Co-operative Society mentioned therein is duly registered under this Act.

6

Substitution of Section 10-A in the Punjab Cooperative Societies Act, 1961
In the Principal Act, Section 10-A shall be substituted as follows:
10-A Power to direct amendment of by-laws of Co-operative Society (1) If in the opinion of the Registrar, an amendment of the bye-laws of a Cooperative Society is necessary or desirbale in the interest of such a society or of the cooperative movement, or to bring such bye-laws in conformity with any provision of the Act or rules made thereunder, he may by notice in wrting, call upon the society to make such amendment within a period of forty five days of the date of service of the notice.

7

 

 

 

 

 

 

Insertion of Section 13-A (1)&(2) in the Punjab Cooperative Societies Act, 1961

 

 

 

 

 

 

 

 

 

 

 
In the Principal Act, new Section 13-A (1) shall be inserted as follows after Section 13(A):
13-A (1) Promotion of subsidiary unit(s) by a co-operative Society-(a) A co-operative society may with the previous approval of the Registrar, Co-operative Societies and by a resolution passed by a two-third majority of members present and voting at a general body meeting of the society-(a) promote one or more subsidiary units for the furtherance of its stated objectives and such organisation and organisations may be registered under any law for the time being in force, as agreed to by general body;
(b) Such a Co-operative Society shall not invest more than 20% of its own funds in such ventures.
Provided that the liability of such subsidiary or subsidiaries in no case shall be extended to the co-operative societies which have promoted such subsidiaries.
13.A(2) Where a Co-operative Society considers necessary, it may collaborate with any other organisation or organisations for the fulfilment of objectives for which it was created:-
Provided that the General Body of the Co-operative Society shall review such collaboration every year.

8

Substitution of Section 19(2) in the Punjab Cooperative Societies Act, 1961
In the Principal Act, Section 19(2) shall be substituted as follows:
Section 19(2)(a) Notwithstanding containing any thing in sub section (1), a Cooperative Society which is a member of a central society, may subject to the rules, appoint one of its members to vote on its behalf in the affairs of that central society.
Section 19(2)(b) Notwithstanding any thing contained in sub section (1), a Cooperative Society, which is a member to an apex Cooperative Society may subject to the rules appoint one of the members of its Managing Committee to vote on its behalf in the affairs of that apex Society.

9

Substitution of Section 26(1) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 26(1) shall be substituted as follows:
26(1) The member of the Committee of a Co-operative Society shall be elected in a manner and by an authority, which may be prescribed by the Government and no person shall be so elected unless he is a shareholder of the society.
Provided that election of the Committee of a society licensed as Urban Co-operative Bank under the Banking Regulation Act, 1949 shall be held for electing members other than the promoter members. Such society shall retain one-third of promoter members on its Committee by rotation.

10

Substitution of Section 26(1-C) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 26(1-C) shall be substituted as follows:
26(1-C) Each Committee shall 120 days before the expiry of its term make arrangement for the constitution of a new Committee in accordance with the provisions of this Act and the Rules made thereunder. In case the Committee fails to make such arrangements, the Registrar shall initiate all necessary arrangements for constitution of a new Committee, 90 days before the expiry of its term in accordance with the provisions of the Act, Rules and bye-laws made thereunder

11

Substitution of Section 26(1-F) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 26(1-F) shall be substituted as follows:
26(1-F) Notwithstanding anything contained in this section, where the byelaws of a society so provide, the Registrar may nominate the first committee for a period of six months extendable up to one year in the case of a central society or an apex society.
Provided that the Registrar, may make such changes in the membership of a nominated committee at the time of each extension, as he may consider appropriate, subject, however, to the condition that no mid-term change shall be made during any of the extended period.

12

Substitution of Section 26B(2) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 26B(2) shall be substituted as follows:
26-B(2) No individual shall be eligible for being elected to the committee of any co-operative society after he has served on the committee of that Co-operative Society for two continuous terms’ unless a period of not less than one term has expired since he last so served except in the case of promoter members of the Committees of the societies licensed as Urban Co-operative Bank under the Banking Regulation Act, 1949.
Explanation: For the purpose of computing the period of two terms under sub-section(2), if a period ceased to serve on the committee on account of resignation tendered by him, he shall be deemed to have so served for the full term in which resignation was tendered.

13

Substitution of Section 26(2)(a) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 26(2)(a) shall be substituted as follows:
26(2)(a) Notwithstanding anything contained in Sub-Section(1) where the Government has-
  1. 10% financial and other stakes in the shape of share capital, or
  2. Guaranteed repayment of loan; or
  3. Government subsidies are being channelled through societies; or
  4. The society is engaged in direct implementation of Government policy in regard to those societies may, notwithstanding anything contained in the Bye-laws of the society:-
  1. Nominate on the committee such number of persons not exceeding three or one third of the total numbers thereof, whichever is less, as the Registrar, Co-operative Societies may determine.
  2. Appoint one of the members nominated in the aforesaid manner a chairman of the committee of such society.
Provided that no non-official shall be nominated as chairman or director on a committee of the society; or
iii) Nominate another member in addition to those nominated in the aforesaid manner and appoint him as Managing Director.
Provided further that no person shall be appointed to act as Managing Director unless he is a member of I.A.S., P.C.S. (Executive branch) or a Deputy Registrar, Co-operative Societies, Joint Registrar, Co-operative Societies or an Additional Registrar, Co-operative Societies.
b) Where the Industrial Finance Corporation, the State Finance Corporation or any other financing institution notified in this behalf by the Government has provided finance to a Co-operative Society, the Industrial Finance Corporation, State Finance Corporation other financing institution as the case may be, shall have the right to nominate one person on the committee.

14

Substitution of Section 26(4) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 26(4) shall be substituted as follows:
26(4) Where, in a co-operative society in which Government has -
  • 10% financial and other stake in the shape of share capital; or
  • Guaranteed repayment of loans; of
Government subsidies are being channelled through
societies; or
  • Societies are engaged in direct implementation of Government policy, a difference of opinion in respect of any matter arises between the nominated members of the committee and other members thereof.
The committee shall refer the matter to Government, whose decision thereon shall be final and will operate as if the same was a decision taken by the committee.

15

Substitution of Section 27(1)(a) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 27(1)(a) shall be substituted as follows:
27(1)(a) Remove Committee and appoint a Government servant as an Administrator to manage the affairs of the Society for a period not exceeding six months, as may be specified in the order. The Administrator so appointed shall ensure that elections to the society are conducted before the expiry of the period for which he/she is appointed.
Provided that management of affairs of a society licensed as Urban Co-operative Bank under the Banking Regulation Act, 1949, shall be entrusted to an ad-hoc Committee comprising one-third of promoters member selected by rotation as usual, a nominee of the Government, a representative of Depositors of the Bank nominated by the Government and the Registrar. Such an ad hoc committee shall ensure that election of the member other than promoter members of the society is held within such period not exceeding six months from the date of constitution of such an ad-hoc committee.

16

Substitution of Section 40(a) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 40(a) shall be substituted as follows:
40 Notwithstanding anything contained in any law for the time being in force, the government may:-
(a) Subscribe to the share capital of a Co-operative Society wherein Government interest is involved.

17

Substitution of Section 48(1) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 48(1) shall be substituted as follows:
48(1) The Registrar and/or Director, Cooperative Audit shall audit or cause to be audited by a person authorised by him, by general or special order in writing in this behalf, the accounts of every co-operative society at least once in each year in a manner prescribed.

18

Substitution of Section 48(5) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 48(5) shall be substituted as follows:
48(5) The Registrar and/or Director, Cooperative Audit or the person(s) authorised by them under Sub-section(1) to audit the accounts of a co-operative society shall have power where necessary:
  1. to summon at the time of his audit any officer, agent, service or member of the society, past or present, who he has reason to believe can give valuable information in regard to transactions of the society or the management of its affairs; and
  2. to require the production of any book or document relating to the affairs of, or any cash or securities belonging to the society by officer, agent, servant, or member in possession of such books, documents, cash or securities and in the event of serious irregularities discovered during audit to take them into custody.

19

Substitution of Section 49 in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 49 shall be substituted as follows:
49. Inspection of societies:- The Registrar, or any person authorised by general or special order in this behalf by the Registrar, may inspect a co-operative society. For the purpose of inspection, the Registrar or the person so authorised by the Registrar shall at all times have access to all books, accounts, papers, vouchers, securities, stock and other property of the society and may in the event of serious irregularities discovered during inspection take them into custody and shall have power to verify the cash balance of the society and subject to the general or special order of the Registrar to call committee and a general meeting. Every officer or member of the society shall furnish such information with regard to the working of the society as the Registrar or the person making such inspection may require.
Provided that Government interest is involved in a co-operative society as under:-
  1. Government have 10% financial stakes in the shape of share capital of the society; or
  2. Guaranteed repayment of loans; or
  3. Government subsidies are being channelled through co-operative society; or
4) A society is directly engaged in implementation of Government policy.
Provided further that in case of other Cooperative Societies, the Registrar may inspect or authorise any other person to inspect the Societies on the request of 1/3 members of its Managing Committee or on the request of at least 10 members of such Society.

20

Substitution of Section 54(1) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 54(1) shall be substituted as follows:
54(1) Provided that no such enquiry shall be held after the expiry of ten years from the date of any act or omission referred to in this sub-section.
 
 

21

Omission of Section 55(2)(C) of the Punjab Cooperative Societies Act, 1961
In the Principal Act, Section 55(2)(C) shall stand omitted.

22

Substitution of Section 56(3) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 56(3) shall be substituted as follows:
56(3) The Registrar or any other person to whom a dispute is referred for decision under this section may, pending the decision of the dispute, make such interlocutory orders including an order of permanent or temporary injunction as he may deem necessary in the interest of justice.

23

Substitution of Section 57(1) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 57(1) shall be substituted as follows:
57(1)Winding up of Co-operative Societies:- If the Registrar, after an enquiry under section 50, or an inspection under section 49 or on receipt of an application made by not less than three-fourths of the members of a Co-operative Society, wherein Government interest( hereinafter referred to as Government interest in other section) is involved, is of the opinion that the society ought to be wound up, he may issue an order directing it to be wound up.

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Insertion of new Section 58(i)(a) in the Punjab Co-operative Societies Act, 1961.

 

 

 

 
In the Principal Act, new Section 58(i)(a) shall be inserted as follows:
58(i)(a) Where a Co-operative Society passes a resolution in its general body to liquidate itself, the Registrar shall upon receipt of such a resolution appoint a liquidator for the purpose and fix his remuneration.
Provided that a notice of thirty clear days of the meeting of general body was sent to all the members, the Registrar, any of the central or apex Co-operative Society of which the society is a member, the creditors and to any other organization with which an agreement or contract has been entered into.

25

Substitution of Section 61(1) in the Punjab Co-operative Societies Act, 1961.
In the Principal Act, Section 61(1) shall be substituted as follows:
"The Registrar may refer after considering the report of the liquidator made to him under sub-section 3 of section 59 order the registration of the cooperative society cancelled.
Provided that in case of Cooperative Societies, which are dysfunctional and do not have any assets and liabilities, the Registrar may after an inspection under section 49 or an enquiry under section 50 of this Act, cancel the registration certificate of such Societies".

26

 

 

Substitution of Section 63-A in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 63-A shall be substituted as follows:
63-A The decision, an award or order given by the Registrar or any person authorised by him in this behalf, be deemed to be a decree of a civil court, and shall be executed in the same manner as decree of such court ;

27

Insertion of new Section 67(1) in the Punjab Co-operative Societies Act, 1961
In the Principal Act, new Section 67(1) shall be inserted as follows:
All sums from a Cooperative Society or from an officer or a member or a past member of a Cooperative Society, as such to Government including any cost awarded to Government under any provision of this Act, may on a certificate issued by the Registrar or the Director, Cooperative Audit in this behalf, be recovered in the same manner as arrears of land revenue.

28

Substitution of Section 68(2) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 68(2) shall be substituted as follows:
68(2) An appeal against any decision or order under sub-section (1) shall be made within 60 days from the date of decision or order. An appeal shall lie before Divisional Tribunal and State Tribunal under this section against any decision or order under sub-section(1), of any person authorised to exercise the powers given to him under the provision of the Act to settle dispute at original jurisdiction except appeals pertaining to recoveries which shall lie before:-
  1. if the decision or order was made by the Assistant Registrar to the Deputy Registrar.
  2. if the decision or order was made by the Deputy Registrar to the Registrar or such Additional Registrar or Joint Registrar as may be authorised by the Registrar in this behalf.
  3. if the decision or order was made by the Joint Registrar or Additional Registrar, to the Registrar.
  4. if the decision or order was made by the Registrar to the Government.
  5. if the decision or order was made by any other person, to the Registrar or such Additional Registrar or Joint Registrar or Deputy Registrar or Assistant Registrar as may be authorised by the Registrar in this behalf.

29

Substitution of Section 68(3) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 68(3) shall be substituted as follows:
68(3) No appeal shall lie under this section for any decision or order made by any authority in an appeal.

30

Substitution of Section 68(4) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 68(4) shall be substituted as follows:
68(4) Any appeal under sub-section(1) pending immediately before the commencement of the Punjab Co-operative Societies(Amendment) Act, 1969, before any authority shall stand transferred to the authority to which such appeal lies on such commencement.
Provided that in the absence of Divisional Tribunal, till the constitution of Divisional Tribunal, all the appeals shall lie before the officers as prescribed under sub-section 2(a) and 3 and 4 above.

31

Insertion of new Section 69(1) in the Punjab Co-operative Societies Act, 1961.
In the Principal Act, new Section 69(1) shall be inserted as follows:
69(1) An appeal shall lie before the State Tribunal against the order of Divisional Tribunal.

32

Insertion of new Section 69(2) in the Punjab Co-operative Societies Act, 1961
In the Principal Act, new Section 69(2) shall be inserted as follows:
69(2) All appeals of Apex Co-operative and all revision petitions shall lie before State Tribunal.

33

Insertion of new Section 69-A (1) in the Punjab Co-operative Societies Act, 1961.
In the Principal Act, new Section 69-A(1) shall be inserted as follows:
69-A (1) The State Government shall, by notification in the official Gazette, constitute Divisional and State Tribunal as the State Government may deem fit, to exercise the functions conferred under this Act.

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Insertion of new Section 69-A(2)(i) in the Punjab Co-operative Societies Act, 1961

 
In the Principal Act, new Section 69-A(2)(1) shall be inserted as follows:
The State Level Tribunal set up under this Act may consist of maximum three members to be appointed by the State Government from the following:
  • Retired or serving member of Indian Administrative Service who is or has been a Financial Commissioner; and
  • Retired or serving additional Registrar, Cooperative Societies.

35

Insertion of new Section 69-A (2)(ii) in the Punjab Co-operative Societies Act, 1961.
In the Principal Act, new Section 69-A(2)(2) shall be inserted as follows:
The Divisional Tribunal set up under the Act may consist of maximum member to be appointed by the State Government from the following:
  • Retired or serving member of Indian Administrative Services who is or has been Secretary to the Government;
  • Retired or serving Joint Registrar, Cooperative Societies.

36

Insertion of new Section 69(3) in the Punjab Co-operative Societies Act, 1961.
In the Principal Act, new Section 69(3) shall be inserted as follows:
69(3) A person shall not be qualified for appointment as a Presiding Officer of a State Tribunal, unless:-
he is a serving or a retired member of the Indian Administrative Service who is or has been a Financial Commissioner.

37

Insertion of new Section 69(3-A) in the Punjab Co-operative Societies Act, 1961.
In the Principal Act, new Section 69(3-A) shall be inserted as follows:
69(3-A) A person shall not be qualified for appointment as a Presiding Officer of a Divisional Tribunal, unless:-
  1. he is a serving or a retired member of the Indian Administrative Service who is or has been a Secretary to the Government or
  2. he is or has been atleast a Joint Registrar, Cooperative Societies, Punjab.

38

Insertion of new Section 69(4) in the Punjab Co-operative Societies Act, 1961.
In the Principal Act, new Section 69(4) shall be inserted as follows:
69(4) No person shall be appointed or continue as a member or as a Presiding Officer of a Tribunal, if he has attained the age of sixty-five years.

39

Insertion of new Section 69(5) in the Punjab Co-operative Societies Act, 1961.
In the Principal Act, new Section 69(5) shall be inserted as follows:
69(5) Subject to the provisions of sub-section(4), the term of office of a member or the Presiding Officer of a Tribunal shall be three years.

40

Insertion of new Section 69(6) in the Punjab Co-operative Societies Act, 1961.
In the Principal Act, new Section 69(6) shall be inserted as follows:
69(6) The Presiding Officer or a member of a Tribunal shall be entitled to such salaries and allowances and shall be governed by such conditions of service as may be prescribed.

41

Insertion of new Section 69(7) in the Punjab Co-operative Societies Act, 1961

 

 

 

 

 

 
In the Principal Act, new Section 69(7) shall be inserted as follows:
69(7) The Presiding Officer or a member of a Tribunal may be removed from the office by the State Government, if:-
  1. he is adjudged an insolvent; or
  2. he takes up employment outside the duties of his office, or
  3. in the opinion of the State Government:-
  1. he has become incapable of acting on account of unsoundness of mind or any other reason ; or
  2. he has been convicted for any offence involving dishonesty or moral turpitude; or
iii) becomes subject of any disqualification, which would prevent him from continuing as a member or Presiding Officer of a Tribunal.

42

Insertion of new Section 69(8)(i) in the Punjab Co-operative Societies Act, 1961.
In the Principal Act, new Section 69(8)(ii) shall be inserted as follows:
The Government may make rules and procedures for the functioning of the State and Divisional Tribunals in accordance with the provisions of this Act.

43

Insertion of new Section 69(8)(ii) in the Punjab Co-operative Societies Act, 1961.
In the Principal Act, new Section 69(8)(ii) shall be inserted as follows:
The Government shall have the right to inspect and review or cause to have the review and inspection of the functioning of the State and Divisional Tribunals, periodically.

44

Insertion of new Section 70-A(6) in the Punjab Co-operative Societies Act, 1961.
In the Principal Act, new Section 70-A(6) shall be inserted as follows:
70-A(6) The Registrar shall after making a reference to pass an order under sub section (1-4) of this section to RBI or NABARD wait for a reply for 30 days from the date of such reference after which he shall pass an order as deemed fit in the matter.

45

Substitution of Section 71(1) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 71(1) shall be substituted as follows:
71(1) Offences: Any person other than a co-operative society carrying on business under any name or title of which the word " co-operative" or its equivalent in any Indian language, is part, without the sanction of the Government shall be punishable with fine which may extend to two thousand rupees and in the cases of continuing breach with a further fine which may extend to fifty rupees for every day during which the breach is continued after conviction for the first such breach.

46

Substitution of Section 71(2) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 71(2) shall be substituted as follows:
71(2) Any member or past member or the nominee, heir or legal-representative of a deceased member of a co-operative society who contravenes the provisions of Section 31 and 32 by disposing of any property in respect of which the society is entitled to have a first charge under that Section or do any other act to the prejudice of such claim, shall be punishable with fine which may extend to five thousand rupees.

47

Substitution of Section 71(3) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 71(3) shall be substituted as follows:
71(3) A co-operative society or an officer or member thereof willfully making a false return or furnishing false information, or any person willfully or without any reasonable excuse disobeying any summons, requisition or lawful written order issue under the provisions of this Act or willfully not furnishing any information required from him by person authorized in this behalf under the provisions of this Act, shall be punishable with fine which may extend to two thousand rupees.

48

Substitution of Section 71(4) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 71(4) shall be substituted as follows:
(3) Any employer who, without sufficient cause, fails to pay to a co-operative society the amount deducted by him under section 39 within a period of fourteen days from the date on which such deduction is made shall, without prejudice to any action that may be taken against him under any law for the time being in force, be punishable with fine which may extend to five thousand rupees.

49

Substitution of Section 71(5) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 71(5) shall be substituted as follows:
71(5) Any officer or custodian who wilfully fails to hand over custody of books, records, cash, security and other property belonging to a co-operative society, of which he is an officer or custodian, to a person entitled under section 26,48,49,50 or 51 shall be punishable with fine which may extend to two thousand rupees and in the case of a continuing breach with a further fine which may extend to{two hundred and fifty rupees} for every day during which the breach is continued after conviction for the first such breach.

50

Substitution of Section 71(6) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 71(6) shall be substituted as follows:
71(6) Any person who fraudulently acquires or abets in the acquisition of any such property which is subject to a charge under Section 31 and 32 shall be punishable with fine, which may extend to two thousand rupees.

51

Substitution of Section 74 in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 74 shall be substituted as follows:
74. Copy of Act, Rules, Bye-Laws etc. to be opened to inspection:- Every co-operative society shall keep a copy of this Act, the Rules, Bye-Laws, balance sheet, inspection note, list of members, and Audit Report open to inspection to members only free of charge, at all reasonable times at the registered address of the society.

52

Substitution of Section 84-A(1) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 84-A(1) shall be substituted as follows:
84-A (1) An Apex society may suo-motto or on request of a society and when required to do so by the Registrar, shall constitute a common cadre of all or specified class of employees in the service of that society or in the service of the central societies which are members of the Apex Society or in the service of the primary societies which are members of the apex society of the aforesaid societies.
Provided that appointment of staff from common cadres to be limited to:
  1. Societies which wish to utilise these services.
  2. Societies where Government interest is involved.

53

Insertion of new Section 84-A (1)(i) in the Punjab Co-operative Societies Act, 1961.
In the Principal Act, new Section 84-A(1)(i) shall be inserted as follows:
84(A)(1)(i) All employees of Co-operative Societies shall be governed by such appointment and service rules as may be framed and adopted by the society with prior approval of the Registrar.
Provided that such rules are not contrary to the rules framed by the Government for different categories of employees at comparable levels in the Government.

54

Substitution of Section 84-A(1)(ii) in the Punjab Cooperative Societies Act, 1961.
In the Principal Act, Section 84-A(1)(ii) shall be substituted as follows:
84-A (1)(ii) An apex society may suo-motto; and when required to do so by the Registrar, shall constitute a common cadre of all or specified class of employees in the service of that society or in the service of the central societies which are members of the apex society or in the service of the primary societies which are members of the apex society or the aforesaid societies.

55

Substitution of Section 84-A (1)(iii) in the Punjab Cooperative Societies Act, 1961.

 
In the Principal Act, Section 84-A(1)(iii) shall be substituted as follows:
84-A(1)(iii) When a common cadre is constituted under sub section (1) the apex society shall make rules for the regulation of recruitment and the conditions of service of such employees with the prior approval of the Registrar

56

 

 

 

Substitution of Section 84-B in the Punjab Cooperative Societies Act, 1961.

 
In the Principal Act, Section 84-B shall be substituted as follows:
84-B Notwithstanding any thing contained in this Act or any other law for the time being in force, it shall not be mandatory for the Registrar or the Committee of a Society to grant parity in payment or payment in excess of salaries, allowances or perquisites allowed to the employees of the Government.

57

In the Principal Act, for sections 1-86, these sections shall be renumbered, namely:
1 to 86 to 1- of the Punjab Cooperative Societies Act, 1961.