 bmn • ,lei ue nm punjab co-operative societibs (extension to delm) bill, 1965 a billto-prorde' for the ezteftlioft of the pun;'b ·~erciue socie~ act, ur, , vnim-·terrifory dfj)elni·ard for,, connected there'ldith bz it enacted by parliament in the sixteenth ¥-of the repubuc of india as follows:- '1 this act may be caded the punjab co-operative societies (ex- short tension to delhi) act, 1965 utle punjab act 25 of 1961 s z the punjab co-operative societies act, 1961, as in force in the ldetedilod 'state of punjab on the date of commencemeut of ,this act, is hereby ~b exitended to the union territory of delhi with the following modi- ~-ftc~tions, namely: -a::seti  10 '"  in the said act,-act 1881, -(i) unless otherwise provided, for the word "govern- tuu ment" [exc~t where it oceurs ill section 31, clause (ui) of  section a2, sections 60· and 87 add in the expression clcen_ tral government"], the worda "chief cqmmissioner" shall be substituted·and there shall also :be made in any sentence in which the word "governmellt" occurbr such consequential amendments as the mles of grammar may require; (ii) m aecrttoa 1,  ag' (0) in sub-section (2}, for the words clstate of ptmjab-, t1re words- ""moll territory of delhi" shall be suljatitutedj (b) for sub-section (3) the following sub-section ihall be substituted, namely:-----------------------------------"(3) it shall come into force on such date as the chief commissioner may, by nowication in the delhi gazette, appoint"; 5  (iii) in section 2,-(4) after clause (a), the following clause shall be inserted, namely:-i - (44) "chief commissioiu!r" means the administrator of the union territory of delhi appointed by 10 the president under article 239 of the constitution;'; (b) clause (f) shall be omitted; (c) in clause (g), for the word "government", the words "central government" shall be substituted; (d) after clause (0, the following clause shall be is inserted, namely:-'(m) "tribunal" means the delhi co-operative tribunal constituted under section 68aj'j  (it» in section 3,-  (4) in sub-section (1), for the word "state", the 20 words "union territory of delhi" shall be substituted; (b) after sub-section (3), the following sub-section shan be inserted, namely:-ci (4) the chief commissioner may, by notification in the delhi gazette and subject to such <!on- 25 ditiodti as he may think fit to impose, confer all or any of the powers of the registrar under this act on any federal society, classified as such under the rule with reference to the composition of its membership and the voting rights of its members, or on an o1bcer 30 of such federal society; and every society or ofbcer  on whom tht! powers of the rep'trar are so conferred shall exercise such powers under ,the general gu1dan~  superintendence and control of the registrar"; (t) in bection 6, in clause (c) of section 15, in lection 18, m clause (4) of sub-iection (2), and in sub-aection (3) of retion 26, in sub-section (3)-of section-38-and-ilhectiod-40,-for the word "government", wherever it oecurs, the words ,5 "central government" shall be substituted; (m) in section 26, sub-section (4) shall be omitted; 10  (00) in section 32, in clause (tnt), for the words and figures "section 31 of the ~njab land revenue act, 188'7", the words "any law relating to land revenue for the time being in force" shall be substituted; (viii) in section 38, for sub-sections (1) and (2), the following sub-sections shall be substituted,name~y:-is "(1) the central government may, by notification in the official gazette, remit the income-tax payable in respect of the profits of any class of co:operative societies or the dividends or other payments ~ived by mem-'bers of any class of such societies on account of profits (2) the central government may, by noti1lcation in the oftlcial gazette, remit in respect of any class of co-operative societies-20 25 (4) the stamp duty chargeabl~under any law for the time being in force in respect of any instrument executed by or on behalf of a co-operative society or by an officer or member thereof and relating to the business of such society or any class of such instruments or in respect of any award or order made under this act, in cases, where, but tor such remfi-sion the co-operative society, officer or member,  the case may be, would be liable to pay such stamp duty; (b) any fee payable under any law for the time being in force relating to the registration of documents or court-fees"; (ix) in section 39,-' '-  35 (4) after sub-section (2), the following sub-section shall be inserted, namely:-'(2a) where a requisition in writing from any society registered or deemed to be registered in any reciprocating state in respect of a member of that (" ','   ·8ociety who huexec:uted anyauch agreement u 11 hte1ftd· to id:luho-aecttog· (1) ~ who for the time ---nployect in the union-temtcnyof'delhi,-ii ~ved by his employer, ide reqwaitiod ahall be mtiid upon  if: it had dean "qude :by a lociety in 5 delhi and the provisions of this section shall have 6ct  accordingly    -e~macm--for the purposes of:1his sub-section, ilreclproeating state"  jdeildl i &df state or 1jdioil· territory which the· chief commilsioder may, 10 by dowloation in the delhi guettp',tteelare to be a reci'procating state'; i  ~) inlub-section· (3), after the worda, bmckets and 1lgare ''under sub-section (2) ", the words, brackets, agure andlletter "or iub-seetion (2a)" shall be inserted; 15  (z) :in section 63, for the words and figures "or arbitrat,or under sections 54, 56, 62 and 68", the words, figures and  '18tten "~ arbitrator or tribunal under sections 54, 56, 62, 68, '68a and 68b" shall be substituted; (;ri) in section 66, for the words andftgures  article 20 9 of 182 of the first schedule to the indian limitation act, 1908" t 1908 the words and figures "article 136 of'the schadule to the  88 0(,  umltatlon aict, '1983" shall: be iubstitlatedj 1988 , (zii)in section 68, far sub-section  (2), the following sub-section shall be substituted, namely:-25 ii (2) an appeal against any decision or order under sup-sect1on (1) shall be made within sixty days from the elate of' the declaion or order,-(4) if the decision or order falls under clause (i), (g), (h) or (k) of sub-section (1), to the 30  tribunal;   "  " '~) in any other case, to the ,chief commissioner or the registrar accgrding t88 the decision or order was made by the registrar or any other person"; ·,(ziu) after section 68 the following sections shall be 35 inserted, l'lamely:-delhi eo-oper8-tift tribunal  6&\ (1)' ~ chief owmi  ner ihail constitute a  tdltuaal io he auk the delhi co-opentive tribud81, to  -the- fudc-s,feaedl • :  tribanal by or under this act ~ ,(a), the ffribunal 8hall ·cgdiiatof· not more thal'l tbme  bem painsd", auab quauftcatioda as may be pl'elcribed  jj  ,  (a~ anyj ;ummcj: in ·th membertibip of the tribunal · 1iball_~$uledbr  the chief cammi  mer (4)  subject to the previous appro~~ of the chief commissioner, the tribunal shall frame regulatiolls atdli'mt db·1!le prmriiioda 4!f tiiia act and the rules ,~'tmreudd  , ,1ar; mgulatlng~ ,ita pax:edure and the 1 diapoml of ,ita 1 bulbw  10  (15) ~ ftiiilauoda made ·under ·  ection (4) · ~,:be- ~pubumtd ill ithe delhi gazette (6) the tribunal may call far and examine the · ~ «d, of anr; proaaeriinp ,in which· an qllljal lies tu it, :for;the purpastt at ~ itlf ito;iba iaplity or i~ ~  'pl¥lpti$,,aqj_iiod ordl'deii!prn d/add ifi in any case-it ,shall appetar~to: tbe~(toat~pisjch:decision or order should be modified,~)8dq\jjjetl~'oj3~, the tribunal may pass such order thereon as it may deem  fit 20 (7) an order passed in appeal under section 88 or tnl reviljioll" ujrier' aunection· (8), ~ 1ba ·aection or in 'nview' uader, ilecuddf88b j by-the-l1r1bunal,:1ha1l be ftna1 i ,add; 00dctlus1ve, and·· shall i ddt be called'1nquuon in any , civil~ qrnv_ue, 0ciw't ezp14ngticm-the tribunal hearing an appeal under this act shall exercise au the powers conferred upon an appellate court by section 97 of, and order xli of the first schedule ,to, the code of civil pr~e, 1908 i ~ - 30 3s 68b (1) th6 'dribunal may eitbei 011 the application review of the repart• or qd the application of any party ~ert interested, review its own order in any case, and pass in of reference thereto such order~ as it thinks just tribunal provided that:olsuchapplication(made by the party shall be entertained unleu the trii¥'nal 1& aatiafted that there has been the discovery of" ,dew and important matter of evidence, which 'after the exercise of due d:1l1ience was >not wtthbithe lmowledge of the applicant or could not be pmducecl1by-blm·at the time when its oi'der was made, or that there has beej) ~e d1iatak or error apparent on the face of the record, or for any other -----=ufilcient,eason:~------provided further that no iu$ order shall be varied or revised unless notice has been given to the parties , interested to appear and be hearrd in support of such order (2) an application for review under lub-aection (1) by any party shall be made within ninety day from the date nf communication of the order of the tribunal"; 10: (=,,) in section 69, after the word and ftgures "section 68", the ,brackets and worda "(not being"aily: proce«iinp in which an appeal lies to the tribudal)" shall be inserted; (=) in section 70, for the word "govemmant", wherever it occurs the worda ''tribunal or the chief commission- is er" aball be apbatituted and for the word and 1lgqres "section 69", th~ words, 1lgures and letter "section 68a or section 69" aha11 be subati~ted; (:wi) in section 77, for ·the words "oftlcial gazette", the words "delhi gazette" shall be sub3tituted; 20 (:wii) in section 81, in sub-aeat1on (1), for the words and figures "or under the punjab co-operative societies act, 1954", the words and figures "or under the bombay co-operative societies act, 1925, asin force in the union territory of  bombay delhi" shall be substituted· 25 'act 'i at , 1~ '(xviii) in section 83,-(4) in sub-section (1), after the words "hold an inquiry", the words "and the tribunal" shall be inserted; (u) in sub-section (2), after the word "liquidator", the words "or the tribunal" shall be inserted; 30 (xb:) in section 85,- :; (4) in sub-aection (2),~  i  i"  ··-'f'mm=- "'(i)" afterciause (mnii) ~ tne-' fottr\ving clause shall be inserted, 'namely: ,,'!' ~,: ;   l "(~i4) 'the qualulcations of the mem- 3s hers of the triblmai;"i '  i· (2) clause (~) shall be omitted; ------""'---'-~·,(b~fn -1ub-aectiod -(3),-for-the worda 'cu1e state  legislature"" the word "parliament" and for the word  , t: the word "thirty" shall be substituted; ()  ectioll 86 ihali be omitted  - j '3 on the day on which the punjab co-operative societies act, ::g-l 1~1, as extended by this act to the union tenitory of delhi comes ::vtn, into force ~erefn by virtue of a noti1lcation issued undersub-aectioll (3) of secijo'tl 1 of,·that act, the bodl~ay co-operative societies act, 10 1~, as ul' force in the unionterritbty of delhi shall stand repealed: '   : 'i" provided that the repeal, shall dot a1!ect,-;' (4) the previous operation of the act so repealed or anything duly done or suffered thereunder; or (b) an, right, privilege, obligation or liability acquired, accrued or incurred under the act 80 repealed; or ' 1 - (c) any penalty, forfeiture or punishment incurred in reepeet of any offence committed against the act 80 repealed; or :  20 (d) any investigation, legal proceeding or remedy in respect of any such right, privilete ~bligation, liability, penalty, forfeiture or punishment as aforesaid; and may such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if that act had not, been redealas td,  ,  ••  -  {' w 'ltl' pursuance of the general pouey to 'simpllfy eoqmrative law and procedure to meet ·the -requhemente -8" oooepenilve development, it has become necary to replace the ,existing ,co-operative legiilat10n on the subject in the uhlon' tetrltory '(,tjdelhi '!be i ~ay c~, ,societies ,act, 1925 'w- extended to ~1n ~hut~ act·balbeenrepmile4 andreplaced by new acts in tlut ~taa, ·of; ¥aaraabtra anc:i 'gujnat  as the, ~~~oj¢c cqddj~ t~ in;,t)ejqi are vera similar to ui08e in the stlte of pllnjab, it i& cqdllidered rtbat the·~ co-opetative socif~ ~ljj61, whi," comes close to the concept of a model co-operative law and which suits the conditions in punjab, wn1 be iluftable,wlthlodle"mocuftcati~, ~r delhi ,  2 the laliem mtures gf thepubjab 'a~t are tbatit oonbdna pr0-visions for obviating delays in the registration of co-operative locie-~~ , emtributi~ft, by c&opb8tlveoeid &o'eo-opii'mh'e education fund, statetipbiiht!rifrlpln 'e&q,ej'-wft\re lkjiietlea and mcped1tioul amalgamation and division of co-operative societies as well 88 for recoftly -of dues -to such soeieties it is-accordingly 'proposed to ~d-, the <p\mjab' :het 'to 'the'l!jdiod territory of;dell'lt mldjtional provisions which do not find place in the punjab a'~~ have -aso been made in the bill they mainly relate to the conferment of powers of kegtstl'ar" on federal co-openitive-'idscitutiolll, 'the appointment of a -coooperatite· '1'rtbunal with 'appedate and reyisicmb1'7" powers in certain matten and the' teeoftl"y 'f1l ,1lidoliil4ib due tc> - 'eo-operative society registered elsewhere in india from a member thereof employed in  he- union territory of delhi, if aimdar faotlity has ·bam pzo-~rfjlr'b, 'iaw'tln' lute stwte'or uiiior 'h!tttto,-wmn'sa6j!lodety m 'jewiblend 3 the bill leeks to extend to the union territory of delhi ·the punjab co-operative socie~ies ad, 1961, with the modiftcatioll8 referred to above and to repeal the bombay co-operative societies act, 1925,'in its application to that union territory so it dey new delhi; the 25th nouember, 1965 '  - , ,   p&uidbiin~li ulmda&ncui u;"  2m oj' tjd eqhsti'1'u'j'1 or qtdja  [copy of letter no 3-18/59-ct 185 dated the 2'ni nt» u  ,  ,  ttari b  iiw thy, depot,' kiatltar ta u ~  om  "ia  lde alii; - 1_~""'1d·tliear,  liak"'''3 , , j' •• , - ~"""t:mwii'", iqffllm' $c ~~  ~ 1m _u ,11·  aiiu coopfmtln ~  ~ '·kl ~ - , junu- _ e unto ", fii piiit· q  "'" tilt , ctojiitatt • iaii  nit, 1t8t  __ tiona, to that territory, he baa been pieued   ~uc;g'" ~ qf u ~ill'ia, \ho 14,6jblai- , ••  01 ~:~) qt~~ l17~ c~~o) of ~ a7~~"~" ~~," ~f~"·  l • _', ,j,  , :,,,i '  ' " :ii~ ~  _' '  , by extendin• the punjab co-operative soc:ietiea act, 1961 with -certain modtftcatiodl, to the union h territory of delhi, tbia bill  to replace the bombay c~perative societies act, 192& in ita appu-fatlcio'to tlai· union' teriitory of delhi no new eqenditure, apart from what 1ah1dg pent on the administration' of the bombay c0-operative societies act, 1925 11 contemplated by reason merely of the jiimf':l&qf tbii bul sect10u 3, , a, 50, 51,66an4 68 of the punjab co-operative soeletlel act '1961 which provide for the appomtmldt' ,of beptrar a~ other oilcen, audit, inapection and inquiry by the registrar of ccm;perattve·· societies,  a~~t· of  arbltraton ':ud liquldabl tiy the ~ will dot· entau ~y additiodal expeddfture: u the reptrar's org8:hiaation 1a' already ud4ertaldna th'" reapons1bllttl 1h tterma of the existing co-operative socleties act in force in the 'oii1od teirltory of" delhi  ;:1'·'&ctloc 8iia' \vhi~' is be1dg incorporated ~ the punjab c~ "   i ,-, " ,   ,  - ·opntlve societies' act, 1961' whlle eztendtng it to the union territory of delhi povidea for the codstitution of a tribudal on ijie un of section 83-a of the co-operative societte act in farce in the territory and therefore no additional expenditure is involved section 38 provides for remillion of certain tun including income-taz, ltamp duty, coun/ee, reg:wtratiod fee land revenue taxes on agrlaultural income, taxes on sales or purchase of goods and tues on professiona, trades, camnp and employments the financialliabllity to government u a result of the application of this enabung provision will depend upon the nature and the extent of exemption given from time to time the co-operative societies act in force in the union territory of delhi already contains an enabling provjaign to exempt co-operatives from tneome-tax, stamp duty court-fee and registration fee section 40 c!f the punjab co-operative sbcleties act provides for financial assistance to co-operauvea in the form of share capital loana and advancee subsidies and euarantee the system envisaged in this prottision is already in v~~gue and no adcutional expenditure to tbegovernment is env1saged the budget provision of the co-operative department of the union territory of delhi for the currenf year is of the order of ri 1836 lakbs no additional expenditure is contemplated by reason merely of the passing of this bill --::--=-the-= ~ab c~tive societies act, 1961, as extended by this bill, empowers the chief commissioner of delhi to make rulel to carry out the purposes of the act it has been provided in the bill that all the rules 10 framed have to be laid before paruament 2 the matters on which rules can be made are matters of pro- "\ cedure or detail and the delegation of legislative power is thus of - normal character a bnl to provide for the extension of the punjab co-operative societies act, 1961, to the union territory of delhi and (or snatters connected therewith , (shrl s k psy, minisur of c~                           dtwlo/lfmlll and c o-ojiiration) 