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Karnataka Souharda Sahakari Act, 1997 Chapter II

Title: Registration

State: Karnataka

Year: 1997

.....of funds, maintenance of reserve fund, appropriation of profit. grant of loan, fixation of interest rate on deposits and advances, and such other activities as mentioned in section 6 of the Banking Regulation Act, 1949 as applicable toco-operative societies shall be subject to the provisions of the said Act, the rules, regulations or directions made or issued thereunder from time to time by the Reserve Bank or the National Bank.] ______________________________________ 1. Omitted by Act 21 of 2004 w.e.f. 31.3.2004. Section 10 - Bye--laws (1) Subject to the provisions of this Act or rules, everyCo-operative shall function in accordance with its bye-laws which as far as possible shall adhere to theCo-operative principles. (2) Thebye-laws of every Co-operative shall provide for the following matters, namely:- (i) the name, address and area of operation of theCo-operative; (ii) the objects of theCo-operative; (iii) conditions of eligibility, disqualifications for, and procedure for admission, withdrawal, removal or cessation of membership including that of the directors and office bearers; 1 ["(iiia) the rights, privileges, duties and liabilities of membership.....

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Karnataka Souharda Sahakari Act, 1997 Chapter VII

Title: Settlement of Dispute

State: Karnataka

Year: 1997

.....liquidator under section 50, and every order made by the Karnataka Co--operative Appellate Tribunal under section 46 and every order made under subsection (8) of section 11, shall subject to any other provisions of this Act, be binding on the person or Co--operative or the Federal Co--operative against whom the order, decision or award has been obtained or passed and shall, if not carried out,-- (a) on a certificate signed 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 a decree of such court; or (b) be executed according to the law and under the rules for the time being in force for the recovery as arrears of land revenue: Provided that an application for the recovery of any sum under this clause shall be made to the Deputy Commissioner, accompanied by a certificate signed by the Registrar or by any person authorised by him in this behalf within twelve years from the date fixed in the order, decision or award and if no such date is fixed, from the date of the order, decision or award, as the case may be. (c) be executed by the Registrar or any other person subordinate.....

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Hindu Religious Institutions and Charitable Endowments Act, 1997 Chapter VI

Title: Notified Institutions

State: Karnataka

Year: 1997

.....(2), it is satisfied that the committee has; (a) failed to discharge the duties or perform the functions in accordance with the provisions of this Act or the rules made thereunder; or (b) disobeyed any lawful orders issued under the provisions of this Act or the rules made thereunder by the State Government or the Commissioner, Deputy Commissioner or Assistant Commissioner; or (c) committed any malfeasance or misfeasance or is guilty of breach of trust or misappropriation in respect of the properties of the institution or endowment; (2) Where the prescribed authority proposes to take action under sub-section (1) it shall frame the charge against the Chairman and give him an opportunity of meeting such charge or testing the evidence adduced against the charge and of adducing evidence in favour of the Committee; and the order of dissolution shall state every charge framed against the Committee, explanation offered by the committee and the finding on such charge together with the reasons therefor. (3) Pending enquiry under sub-section (2) the prescribed authority may suspend the Committee and appoint an administrator in accordance with section 29. (4) Any person.....

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Hindu Religious Institutions and Charitable Endowments Act, 1997 Chapter IX

Title: Powers and Functions of Commissioner and Other Officers

State: Karnataka

Year: 1997

.....of Budget accounts, report or return, or (b) wilfully disobeys and lawful orders issued by the Commissioner under the provisions of this Act or rules made thereunder, or (c) continuously neglects his duty or commits any malfeasance or misfeasance or breach of trust in respect of a Notified Institution, or (d) misappropriates or deals improperly with the properties of the Notified Institution of which he is the Chairman, Manager or other person concerned with the management of the Institution. (e) accepts any position in relation to the Notified Institution which is inconsistent with his position as a Chairman, Manager or such other person, or (f) is convicted of an offence involving moral turpitude. (2) Where the Commissioner proposes to take action under sub-section (1), he shall frame charges against the person against whom action is proposed to be taken and give him an opportunity of meeting such charges or testing the evidence adduced against him and of adducing evidence in his favour. The order of removal or dismissal shall state the charges framed against the person, his explanation and the finding on each charge with reasons thereof. (3) Pending.....

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Karnataka Souharda Sahakari Act, 1997 Chapter I

Title: Preliminary

State: Karnataka

Year: 1997

.....share capital of a Co-operative before its registration and includes a person admitted to membership after such registration in accordance with the Act, rules and the bye-laws1[and includes a nominal and an associate member]; "(rr) "National Bank"- means the National Bank for Agriculture and Rural Development constituted under section 3 of the National Bank for Agriculture and Rural Development Act, 1981 (Central Act 61 of 1981);" (s) "Officer Bearer" means the President or Chairperson, Vice President or Vice Chairperson, Administrator, Liquidator and includes a member of the board or any other person not being an employee empowered to exercise the powers of an office bearer in accordance with the bye-laws; (t) "Primary Co-operative" means a Co-operative whose membership is not open to another Co-operative; (u) "Registrar" means an Officer of the Government appointed under section 3 to perform the functions of the Registrar of Co-operatives and includes Additional Registrars of Co-operatives, Joint Registrars of Co-operatives, Deputy Registrars of Co-operatives and Assistant Registrars of Co-operatives appointed to assist the Registrar while exercising all or any of the.....

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Karnataka Souharda Sahakari Act, 1997 Chapter V

Title: Accounts, Audit and Inquiry

State: Karnataka

Year: 1997

.....inquiry, if satisfied that any or all of the office bearers or directors or Chief Executive is or are responsible for any payment contrary to the Act, rules or the bye-laws and has or have caused loss or deficiency in the assets of the Co-operative by breach of trust or negligence or has or have misappropriated or fraudulently retained any money or property belonging to such Co-operative, without prejudice to any civil or criminal proceedings to which they may be liable, may direct the board to convene the general meeting within such reasonable time as the Federal Co-operative or the Registrar, as the case may be, specify to discuss the findings of the inquiry report and for initiating necessary action against the concerned. ______________________________________ 1. Substituted by Act 21 of 2004 w.e.f. 31.3.2004. Section 37 - Action on inquiry Report 1[The Registrar], as the case may be, after such inquiry, if satisfied that any or all of the office bearers or directors or Chief Executive is or are responsible for any payment contrary to the Act, rules or the bye-laws and has or have caused loss or deficiency in the assets of the Co-operative by breach of trust or.....

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Karnataka Souharda Sahakari Act, 1997 Section 43

Title: Execution of Orders, Etc

State: Karnataka

Year: 1997

.....has been obtained or passed. (2) (a) Notwithstanding anything contained in this Act, every question relating to the execution, discharge or satisfaction of an order, decision or award referred to in sub--section (1) or relating to the confirmation or setting aside of a sale held in an execution of such order, decision or award in pursuance of clause (c) of subsection (1) or relating to any claim or objection to an attachment of any property made under section 44 or in execution in pursuance of the said clause (c) shall be determined, by an order of the Registrar or the authorised person before whom such question arises. (b)(i) Where any claim is preferred against or any objection is made to the attachment of any property made under section 44 or in execution in pursuance of clause (c) of sub--section (1) of this section on the ground that the said property is not liable to such attachment, the Registrar or the authorised person shall proceed to investigate the claim or objection: Provided that where the Registrar or the authorised person considers that the claim or objection was designedly or unnecessarily delayed, he shall make an order refusing such investigation. .....

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Karnataka Souharda Sahakari Act, 1997 Chapter IV

Title: Management of Co--operative

State: Karnataka

Year: 1997

..... (a) unless he needs the services of the Co--operative and accepts the responsibility of membership and is competent to contract under the Contract Act, 1872 (Central Act IX of 1872); (b) if he conducts any business, such business being in conflict or competition with the business of the Co--operative as specified in the bye--laws; and (c) unless he fulfills such other conditions as may be specified in the bye--laws of the Co--operative: Provided that after the registration of a Co--operative, the members shall be admitted only by the elected board. (2) No person shall be eligible to continue as a member if such person,-- (a) has not used the services of the Co--operative for two consecutive years to the minimum level specified in the bye--laws; or (b) has not attended three consecutive general meetings of the Co--operative and such absence has not received the consent of the general body; or (c) is in default regarding any payment to be made to the Co--operative exceeding an amount and for a period specified in the bye--laws. (3) If a question arises as to the eligibility or otherwise of a person to become a member or to continue as a member, the board shall.....

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Hindu Religious Institutions and Charitable Endowments Act, 1997 Chapter I

Title: Preliminary

State: Karnataka

Year: 1997

.....and religious education and teaching of philosophy; (e) observance of religious festivals; and (f) any other public religious purpose; (25) 'Rules' means the rules made under this Act; (26) 'Specific Endowment' means any property or money endowed for the performance of any specific service or charity in a Hindu religious institution or charitable institution or for the performance of any other charity. Explanation: Where a specific endowment attached to a charitable institution or a Hindu religious institution is situated partly within the State and partly outside the State, control shall be exercised in accordance with the provisions of this Act over the whole of the specific endowment provided the Charitable Institution or the Hindu religious institution is situated within the State; (27) 'Temple' means a place by whatever designation known, used as a place of public religious worship having separate existence and dedicated to or for the benefit of or used as of right by the Hindu community or any section thereof as a place of public religious worship and includes a Mandira, Samadhi, Brindavana, Gaddige, shrine, Sub-shrine, Utsava Mantapa, tank or other necessary.....

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Karnataka Souharda Sahakari Act, 1997 Section 11

Title: Amendment of Bye--laws

State: Karnataka

Year: 1997

.....amendments are in conformity withsub-section (3) of section 10;] (4) If the proposed amendment is in accordance with the provisions of this Act and rules, the Registrar shall register the proposed amendment within a period of ninety days from the date of receipt of the application. (5) The Registrar shall communicate by registered post to theCo-operative within a period of fifteen days after registration a copy of the amendment so registered together with a certificate duly signed and sealed by him and such certificate shall be conclusive evidence that the amendment has been duly registered. A copy of such certificate and registered amendment shall be sent to the FederalCo-operative. (6) If the proposed amendment is not in accordance with the provisions of this Act and Rules, the Registrar shall refuse to register the proposed amendment within a period of ninety days from the date of receipt of the application failing which the amendment shall be deemed to have been registered: Provided that no order refusing the registration of such amendment shall be made except after giving theCo-operative an opportunity of being heard. (7) The Registrar shall communicate by.....

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