The Multi-Unit Co-Operative Societies Act, 1942
(Act 6 of 1942)
mh507
[Dated 2nd March, 1942]
For statement of objects and reasons, see Gazette of India, 1942, Part V, p. 17.
An Act to provide for the incorporation, regulation and winding up of co-operative societies with objects not confined to one Province
Whereas it is expedient to provide for the incorporation, regulation and winding up of co-operative societies with objects not confined to one Province;
It is hereby enacted as follows:-
1. Short title, extent and application. - (1) This Act may be called the Multi-unit Co-operative Societies Act, 1942.
[(2) It extends to the whole of Pakistan.]
(3) It applies to all co-operative societies with objects not confined to one Province incorporated before the commencement of this Act under the Co-operative Societies Act, 1912 (II of 1912), or under any Act relating to co-operative societies in force in any Province, and to all co-operative societies with objects not confined to one Province to be incorporated after the commencement of this Act.
2. Co-operative societies to which this Act applies registered before commencement of this Act. - (1) A co-operative society to which this Act applies which has been registered in any Province under the law relating to co-operative societies in force in that Province shall be deemed in any other Province to which its objects extend to be duly registered in that other Province under the law there in force relating to co-operative societies, but shall, save as provided in sub-sections (2) and (3), be subject for all the purposes of registration, control and dissolution to the law relating to co-operative societies in force for the time-being in the Province in which it is actually registered.
(2) Where any such co-operative society has established before the commencement of this Act or establishes after the commencement of this Act a branch or place of business in a Province other than that in which it is actually registered, it shall, within six months from the commencement of this Act or the date of establishment of the branch or place of business, as the case may be, furnish to the Registrar of Co-operative Societies of the province in which such branch or place of business is situated a copy of its registered bye-laws, and shall at any time it is required to do so by the said Registrar submit any returns and supply any information which the said Registrar might require to be submitted or supplied to him by a co-operative society actually registered in that Province.
(3) The Registrar of Co-operative Societies of the Province in which a branch or place of business such as is referred to in sub-section (2) is situated may exercise in respect of that branch or place of business any powers of audit and of inspection which he might exercise in respect of a co-operative society actually registered in the Province.
3. Co-operative Societies to which this Act applies registered after commencement of this Act. - (1) A society which might, if its objects were confined to one Province, be registered as a co-operative society in any Province under the law relating to co-operative societies in force in that Province, shall, notwithstanding that its objects are not confined to the Province in which its principal place of business is to be situated, be deemed for the purposes of registration as a co-operative society to be situated wholly in that Province, and may be registered by the Registrar of Co-operative Societies of that Province in accordance with the law relating to co-operative societies for the time being in force in that Province, and if so registered shall be deemed in any other Province to which its objects extend to be duly registered in that other Province under the law there in force relating to co-operative societies but shall, save as provided in sub-sections (2) and (3), be subject for all the purposes of registration, control and dissolution to the law relating to co-operative societies in force for the time being in the Province in which it is actually registered.
(2) Where any such co-operative society establishes a branch or place of business in a Province other than that in which it is actually registered, it shall within six months from the date of establishment of the branch or place of business furnish to the Registrar of Co-operative Societies of the Province in which such branch or place of business is situated a copy of its registered bye-laws, and shall at any time it is required to do so by the said Registrar submit any returns and supply any information which the said Registrar might require to be submitted or supplied to him by a co-operative society actually registered in that Province.
(3) The Registrar of Co-operative Societies of the Province in which a branch or place of business such as is referred to in sub-section (2) is situated may exercise in respect of that branch or place of business any powers of audit and of inspection which he might exercise in respect of a co-operative society actually registered in that Province.
[3A. Co-operative societies to which this Act applies registered in the Federal Capital. - (1) A society which might, if its objects were confined to the Federal Capital, be registered as a co-operative society in the Federal Capital under the law relating to co-operative societies in force therein, shall, notwithstanding that its objects are not confined to the Federal Capital, be deemed for the purpose of registration as a co-operative society to be situated wholly in the Federal Capital, and may be registered, in accordance with the law relating to co-operative societies for the time being in force in the Federal Capital by the Registrar of Co-operative Societies of the Federal Capital appointed by the Federal Government, and if so registered shall be deemed in any Province to which its objects extend to be duly registered in that Province under the law there in force relating to co-operative societies but shall, save as provided in sub-sections (2) and (3), be subject for all the purposes of registration, control and dissolution to the law relating to co-operative societies in force for the time being in the Federal Capital, reference in that law to "Registrar" being construed as a reference to the said Registrar of Co-operative Societies appointed by the Federal Government.
(2) Where any such co-operative society establishes a branch or place of business in any Province, it shall within six months from the date of establishment of the branch or place of business furnish to the Registrar of Co-operative Societies of the Province in which such branch or place of business is situated a copy of its registered bye-laws, and shall at any time it is required to do so by the said Registrar submit any returns and supply any information which the said Registrar might require to be submitted or supplied to him by a co-operative society actually registered in that Province.
(3) The Registrar of Co-operative Societies of the Province in which a branch or place of business such as is referred to in sub-section (2) is situated may exercise in respect of that branch or place of business any powers of audit and of inspection which he might exercise in respect of a co-operative society actually registered in that Province.]
4. Appointment and powers of Federal Registrar of Co-operative Societies. - (1) The [Federal] Government may, if it thinks fit, appoint a [Federal] Registrar of Co-operative Societies.
(2) The [Federal] Registrar of Co-operative Societies, if appointed, shall exercise in respect of any co-operative society to which this Act applies, to the exclusion of Provincial Registrars, the powers and functions exercisable by the Registrar of Co-operative Societies of the Province in which such society is actually registered.
5. Penalty for failure to furnish information required under this Act. - If any co-operative society fails to furnish the information which it is required to furnish by or under sub-section (2) of section 2 or sub-section (2) of section 3, or to submit any return required to be submitted under either of those sub-sections, the society, and any officer or member of the society responsible for the failure, shall each be liable to fine which may extend to fifty rupees, and the registration of the society may, at the discretion of the Registrar of Co-operative Societies of the Province in which the society is actually registered, be cancelled.
6. Power of Federal Government to make rules. - The [Federal] Government may, by notification in the official Gazette, make rules for carrying into effect the provisions of this Act.