Co-operative Societies (Special Provisions) ACT

Arrangement of Sections

1. Short title.

2. Amalgamation of registered societies.

3. Cancellation, and effect of cancellation, of registration of society.

4. Appointment of liquidators of dissolved societies.

5. Powers of liquidator.

6. Power of Registrar to control liquidations.

7. Enforcement of orders.

8. Limitation of power of civil court.

9. Closure of liquidation.

10. Requisitioning of property for the purposes of a principal society.

11. Taking possession of property requisitioned for a principal society,

12. Prevention of or obstruction to taking possession of property for and on behalf of a principal society.

13. Compensation in respect of property requisitioned for a principal society.

14. Interest on compensation.

15. Date of commencement of accruement of compensation.

16. Mode of payment of compensation.

17. Determination of compensation.

18. Payment of compensation.

19. Provision for cases where compensation is not accepted,

20. Offences.

21. Offences by bodies of persons.

22. No termination of services of employees of a dissolved society or an amalgamating society without approval of Registrar.

23. No action to lie in respect of the termination of senders, of employees of dissolved societies or am alga mating societies.

24. Minister, Registrar or liquidator not to be liable civilly or criminally, and acts, of Minister, Registrar or liquidator not to be questioned in any civil court.

25. Duration of this Act.

26. Interpretation.

35 of 1970.

AN ACT to make special provisions for the implementation of a scheme to reorganize the co-operative movement, in particular for the dissolution of societies and the amalgamation of societies, and for matters connected therewith or incidental thereto.

[Date of Commencement: 31st December 1970]

1. Short title.

This Act may be cited as the Co-operative Societies (Special Provisions) Act.

2. Amalgamation of registered societies.

(1) Where, for the purpose of reorganizing the co-operative movement, the Registrar thinks it necessary to do so, he may by Order published in the Gazette amalgamate one or more societies (such a society is hereinafter referred to as an “amalgamating society”) registered under the Co-operative Societies Ordinance with any other society (hereinafter referred to as a “principal society”) registered under the aforesaid Ordinance.

(2) An Order made under sub-section (1) shall have the effect of cancelling the registration of each amalgamating society.

(3) With effect from the date on which any amalgamating society is amalgamated with a principal society under sub-section (1)—

(a) all the property, movable or immovable, of each such amalgamating society on the day immediately preceding the date of such amalgamation shall be transferred to and vested in the principal society;

(b) all the rights, debts, liabilities and obligations of each amalgamating society on the day immediately preceding the date of such amalgamation shall be transferred to the principal society;

(c) all contracts, deeds, bonds, agreements and other instruments which subsist or have effect on the day immediately preceding the date of such amalgamation and to which any amalgamating society is a party shall have effect against or in favour of the principal society, as the case may be, and may be enforced as fully and effectually as if, instead of such amalgamating society, the principal society had been a party thereto; and

(d) all suits, appeals or other legal proceedings instituted by or against any amalgamating society and pending on the day immediately preceding the date of such amalgamation shall not abate or be discontinued or be in any way prejudicially affected by reason of the amalgamation of such amalgamating society and may be continued and enforced by on against the principal society, as the case may be:

Provided that nothing in paragraph (c) of this sub section shall be construed as curtailing in am manner the right of a principal society to terminate the services of, or to vary the conditions of service of any employee of the principal society who, on the day immediately preceding the date of such amalgamation was an employee of any amalgamating society.

3. Cancellation, and effect of cancellation, of registration of society.

(1) Where, for the purpose of reorganizing the co-operative movement, the Registrar is of opinion that any society registered under the Co-operative Societies Ordinance (hereinafter referred to as the “principal enactment”) should be dissolved, he may notwithstanding the provisions of the principal enactment, cancel the registration of such society.

(2) There shall be no appeal from an order made to the Registrar under sub-section (1).

(3) Where the registration of a society is cancelled under sub-section (1), such society shall, with effect from the date of such order, cease to be a corporate body.

4. Appointment of liquidators of dissolved societies.

(1) Where the registration of any society is can celled under section 3, the Registrar may appoint on or more persons to be the liquidator or such society (hereinafter referred to as a “dissolved society”).

(2) With effect from the date of the appointment of a liquidator or liquidators of a dissolved society all the property of such society and all privileges conferred such society by or under the principal enactment shall vest in such liquidator or liquidators.

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