Assam Co-operative Societies Act, 2007
No: 4 Dated: Jan, 04 2012
Amendment:- Assam Co-operative Societies (Amendment) Act, 2012
THE ASSAM COOPERATIVE SOCIETIES ACT, 2007
ASSAM ACT NO. IV OF 2012
An Act to consolidate and amend the law relating to cooperative societies in the State of Assam to facilitate the voluntary formation and democratic functioning of cooperative societies as people's institutions based on self-help and mutual aid and to enable them to promote their economic and social betterment.
Preamble:- Whereas it is expedient to consolidate, and amend the law relating to cooperative societies in the State of Assam to facilitate the voluntary formation and democratic functioning of cooperative societies as people’s institutions based on self help and mutual aid and to enable them to promote their economic and social betterment and for matters connected there with or incidental thereto;
It is hereby enacted in the Fifty-eighth Year of the Republic of India as follows:-
CHAPTER - 1
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Assam Cooperative Societies Act, 2007.
(2) It extends to the whole of Assam.
(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context, -
(a) "Administrative Council" means a body intermediary between a managing body and the General Assembly of a registered society;
(b) "Affiliating Society" means the registered society of which a particular society is a member and "Affiliated Society" means the particular society which is a member of the affiliating society;
(c) "Arbitrator" means a person appointed under the provisions of this Act to decide any dispute referred to him; ,
(d) "Audit Officer" means a person appointed under the provisions of this Act to audit the accounts of a registered society;
(e) "area of operation" means the area from which the membership is drawn;
(f) "bye-law" refers to the registered bye-laws of a Society for the time being in force and includes registered amendments of bye-laws of a Society;
(g) “Board” means the Governing body of a co-operative society to which the management of the affairs of the co-operative society is entrusted under the bye-laws and includes Managing Committee of a co-operative Society;
(h) "Co-operative Year" means the period beginning and ending on such dates as may be fixed by the Registrar for the purpose of drawing up the Balance Sheets of registered societies and for all other purposes under this Act;
(i) "Co-operative Demand Certificate" means a certificate as mentioned in sub-section (4) of Section 103 or sub-section (1) of Section 114;
(j) "Co-operative Society" or "society" means a Co-operative Society registered under this Act and includes a society formed after amalgamation of such two or more societies or by division of an existing society;
(jj) "Co-operative Bank" means a Co-operative Society registered under this Act carrying on the business of Banking as defined under Section 5(b) of the Banking Regulation Act, 1949 (Act No. 10 of 1 949), which shall also include Central Co-operative Bank and a State Co-operative Bank as defined under clauses (d) and (u) of Section 2 of the National Bank for Agriculture and Rural Development Act, 1981 (Act No 61 of 1981) and a Primary Co-operative Society carrying on the business of Banking;
(k) "Co-operative" where used as a noun means an autonomous association of persons united voluntarily to meet their common socio-economic need through a jointly owned and democratically controlled enterprise formed in co-operative principles and registered under this Act;
(l) "Chief Executive" means the individual, in paid or honorary capacity, nominated or elected or appointed by the Board from among members, Directors or others, in accordance with the bye-laws of the society who shall perform such functions, and responsibilities and exercise such powers as specified in the Act, bye-laws and assigned by the Board;
(m) "common need" means the economic and social need which is common to all who wish to form a cooperative society;
(n) "Chief Auditor" shall mean the senior most cooperative officer posted at the office of the Registrar;
(o) "delegate" means a person elected by a group of individual members of a society to represent them in the general body of the cooperative society in accordance with the bye-laws of the society;
(p) "Director" means the Director of the Board which shall be construed as member in case of Managing Committee;
(q) "Delegate General Body" in relating to a cooperative society means all its delegates;
(r) "Delegate General Body Meeting" means a meeting of the delegates, called and conducted in accordance with the provisions of this Act and the bye-laws;
(s) "employee" means a person, not being an office bearer, employed by a registered society on a salary or similar form of remuneration other than advance patronage dividend or payment for goods sold to or through such society;
(t) "family" means a person, his spouse, his children and parents dependent on him and jointly residing with him;
(u) "General Assembly" in relation to a cooperative society means the higest authority of a registered society;
(v) "General Meeting" means a meeting of the General Assembly called and conducted in accordance with the provisions of this Act and the bye-laws;
(w) "member" means a person who is admitted as a member of the cooperative society in accordance with the Provisions of this Act and bye-laws of the society and shall include a cooperative self-help group and an institution;
(x) "Primary Cooperative Society" means a President, Vice-President, Chairperson, Vice-Chairperson, Secretary or Treasurer of a Co-operative Society and includes (any other person to be elected by the Board of any Cooperative Society;
(y) "Primary Cooperative Society" means a Cooperative Society whose membership is available only to individual and self help groups and voluntary institutions other than cooperative societies;
(z) "patronage dividend" means the dividend paid to members in relation to their participation in the business of the society in accordance with the provisions of the bye-laws;
(aa) "prescribed" means prescribed by rules made under this Act;
(bb) "Registered Society" means a cooperative society registered under this Act and includes a society formed after amalgamation of such two or more societies or by division of such an existing society;
(cc) "Registrar" means the officer appointed by the State Government under Section 3 to perform the duties of Registrar of Cooperative Societies under this Act;
(dd) "rules" means rules made under this Act;
(ee) "Secondary Cooperative Society or Federal Cooperative Society" means a cooperative society whose members are cooperative societies as well as individuals;
(ff) "surplus" means the excess of income over expenditure of a cooperative society arrived at the end of a financial year after the payment of interest, if any, on share capital and before the payment of surplus refund and allocation of reserves and other funds;
(gg) "self help group (SHG)" means a homogeneous group of persons voluntarily formed to save small amounts of their earnings and also to raise loans to be lent to its members on terms, as mutually agreed upon;
(hh) "Service" means the main services provided to members, through which a cooperative society intends to meet the need common to all members for the fulfillment of which the cooperative society was formed;
(hhh) "State Level Cooperative society" means a Cooperative Society having its area of operation extending to the whole of the State of Assam;
(ii) "Schedule" means the Schedule appended to this Act.
CHAPTER - II
Registration of The Societies
3. The Registrar. - (1) The State Government may appoint an officer to be the Registrar of Cooperative Societies for the State or any portion of it for the registration, supervisions, assistance, counsel and for the all-round development of the Cooperative movement in the State with such other powers and responsibilities as may be provided under this Act or Rules or Bye-laws framed thereunder.
(2) The State Government may also appoint any other person or persons to assist the Registrar and may by general or special order in writing delegate to any such person or persons all or any of the powers and responsibilities of the Registrar under this Act.