KCS Act
KCS Act
KCS Act
03 OF 2013
(l) to cause the audit of accounts of the society within the specified
time limit and obtain the audit report within the said period;
(m) to consider the audit report, take action for rectification of the
defects and remedying the irregularities pointed out, if any, in the
audit, cause compliance report and place the reports before the
general body;
(n) to consider the enquiry or inspection reports, if any, take action for
rectification of the irregularities pointed out, if any, in the enquiry
or inspection, cause compliance report and place the reports before
the general body;
(o) to place the annual report, annual financial statements, annual
plan and budget for the approval of the general body;
(p) to institute, defend or compromise legal proceedings;
(q) to initiate civil, criminal and disciplinary action, as the case may
be, against any person who may have incurred civil or criminal
liability by way of misappropriation or causing loss to the society;
(r) to convene annual general meeting in time and special general
meetings whenever necessary and on requisition;
(s) to frame regulations necessary for the proper and effective
functioning of the society;
(t) to take such other measures or to do such other acts as may be
required under this Act, the rules or as may be specified in the
byelaws or as may be delegated by the general body.
21. Omission of section 29.- section 29 of the Principal Act, shall
be omitted.
22. Amendment of section 29C.- In section 29C of the Principal
Act,-
(i) In sub section (1),-
(a) In clause (c), the words “or any of his near relation” and the
proviso at the end shall be omitted;
(b) In clause (f), in the explanation, the words “and clause (c)” shall
be omitted.
(c) In clause (o), in sub clause (i), for the word ,“member”, the word,
“director” shall be substituted.
(d) after clause (o), the following shall be inserted, namely:-
“(p) he has absented himself for three consecutive meetings of the
board of such society , without leave of absence.”
(ii) after sub-section (2), the following shall be inserted, namely:-
“(3) If the board of a cooperative society fails,-
(a) to assist the cooperative Election Commission for conducting
elections as per section 39A and section 29F; or
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Provided further that the board may fill up a casual vacancy on the board
by nomination out of the same class of members in respect of which the
casual vacancy has arisen, if the remaining term of office of the board is less
than half of its original term”.
24. Amendment of section 29 F.- In section 29F of the Principal Act,-
(i) for sub-sections (4) the following shall be substituted, namely:-
“(4) The term of office of the office-bearers of a cooperative
society shall be five years from the date of election and shall be co-
terminus with the term of the board.
(5) The Cooperative Election Commission shall conduct
elections to the board and also to the office of President or Chair
person, Vice President or Vice-Chairperson and such other office-
bearers as are required to be elected as per the bye-laws of the
cooperative society within fifteen days from the date of constitution or
deemed constitution of the board after a general election.
(6) The cooperative election commission shall conduct elections
within sixty days from the date it being notified about the occurrence
of any casual vacancy in the office of a director or any office bearer of
a co-operative society to fill up such casual vacancy”.
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(ii) sub sections (5), (6), (7) and (8) shall be omitted.
25. Amendment of section 29-G.- In section 29G of the Principal
Act, after sub-section (4B) , the following shall be inserted, namely:-
“(4C) The Chief Executive of a Cooperative Society shall not have
a right to vote in the election of the office bearers of the board”.
26. Substitution of section 30.- For section 30 of the Principal Act,
the following shall be substituted, namely:-
“30-Supersession or suspension of the board.- (1) Notwithstanding
anything contained in any law of the time being in force, no board of a
cooperative society shall be superseded or kept under suspension for a
period exceeding six months.
the Reserve Bank of India / National Bank as the case may be and the
provisions of Banking Regulation Act,, 1949 shall also apply.
(3) The administrator so appointed shall, subject to the control of the
Registrar and such instructions as he may give from time to time, exercise
all or any of the functions of the board or of any office- bearer of the co-
operative society and take such action as he may consider necessary in the
interest of the society.
(4) In case of supersession of a board, the administrator shall, before
the expiry of his term of office, arrange for the conduct of elections and the
constitution of a new board in accordance with this Act,, the rules and the
bye-laws of the co-operative society and hand over management to the
elected board.
(5) In case of suspension of a board, the Registrar shall reinstate the
said board and the administrator shall, on the expiry of his term of office,
handover the management to the said board and the period of
suspension shall be reckoned while computing the original term of office of
the board.
(6) Notwithstanding anything contained in this Act,, the Registrar
shall, in the case of a cooperative bank, if so required in writing by the
Reserve Bank of India, in public interest or for preventing the affairs of the
cooperative bank being conducted in a manner detrimental to the interest of
the depositors or for securing the proper management of the cooperative
bank, by order in writing, remove the board of that cooperative bank and
appoint an administrator to manage the affairs of the cooperative bank for
such period not exceeding one year as may be specified by the Reserve Bank
of India.
(7) Any officer or employee of the Government or a Cooperative
organization may be appointed as administrator of a cooperative society-
(i) if he is appointed on full time basis, his pay and other
allowances shall be borne by the cooperative society. The
service rules applicable to him in the department or
organization shall continue to govern his service as
administrator of the society;
(ii) if he is appointed as administrator in addition to his regular
post, he shall be paid remuneration at the rate of ten percent of
his basic pay out of the funds of the cooperative society. The
service rules applicable to him in the department or
organization shall continue to govern his service as
administrator of the society;
27. Amendment of section 34.- In section 34 of the Principal Act, in
sub-section (1), the following provisos shall be inserted, namely:-
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(7) The Governor may suspend from office, and if deemed necessary
prohibit also from attending the office during inquiry, the election
commissioner in respect of whom an enquiry has been ordered under sub-
section (6) until the Governor has passed orders on receipt of the report of
the High Court Judge.
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(c) provide all necessary help, assistance and cooperation for the
smooth preparation of electoral rolls for and the conduct of
elections.”
29. Omission of section 53A.- section 53A of the Principal Act, shall
be omitted.
30. Amendment of section 56.- In section 56 of the Principal Act, in
sub-section (2), for the second proviso, the following shall be substituted,
namely:-
“Provided further that no director shall be paid travelling allowance,
daily allowance or such other allowances or fees for attending meetings of
the board or committees or sub-committees or for performing any other
functions as a director at a rate higher than the maximum rate specified in
the byelaws for the purpose, having regard to the financial position and
profitability of the society”.
31. Insertion of new section 57A.- After section 57 of the Principal
Act,, the following shall be inserted, namely:-
“57A- Cooperative Education and Training.-(1) The cooperative
education fund shall be utilized for the purpose of promotion of the
cooperative movement in the State and for providing education to the
members, directors and cooperators of the cooperative societies and the
general public and training to the employees of the cooperative societies.
(2) Every co-operative society shall pay its contribution to the
Karnataka State Cooperative Federation within thirty days from the date of
its annual general meeting.
(3) All contributions made by the cooperative societies towards co-
operative education fund, grants received from the Government of India or
the State Government and donations, if any, made by any person shall be
credited to the cooperative education fund.
(4) The cooperative education fund shall be maintained and
administered by the Karnataka State Cooperative Federation Limited for
such programmes and in such manner as may be prescribed.
(5) No expenditure out of the cooperative education fund shall be
incurred without the approval of an advisory committee constituted for the
purpose as prescribed”.
32. Amendment of section 58.- In section 58 of the Principal Act,-
(i) in clause (e),-
(a) the words “or financial institution” shall be omitted.
(b) for the word “Registrar”, the words, “general body of that society
till the date of the next annual general body meeting”, shall be
substituted.
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board or the office-bearer or the chief executive or any other employee of the
society and may summon any person in possession or responsible for the
custody of any such books, accounts, documents, papers, securities, cash
or other properties to produce the same at the registered office of the society
or any branch thereof or at any public office at the headquarters of the
society.
(6) Every person who is, or has at any time been, an officer or
employee of the society and every member and past member of the society
shall furnish such information in regard to the transactions and working of
the society as the Auditor or Auditing firms approved by the Director of
Cooperative Audit may require.
(7) The board of every cooperative society shall ensure that the annual
financial statements like the receipts and payments or income and
expenditure, profit and loss and the balance sheet along with such
schedules and other statements as may be prescribed as at the end of a
cooperative year are prepared and presented for audit before the auditor or
auditing firm within thirty days of the closure of that cooperative year.
(8) The Auditor or Auditing firm shall conduct and complete the audit
of accounts as provided for in this Act, or the rules and send copies of the
audit report and communicate the results of audit to the cooperative society,
the Registrar, the Director of co-operative audit and to the financing bank or
credit agency, and if the society is affiliated to any other cooperative society,
to such cooperative society, as early as possible but within the first day of
September every year.
(9) The auditor or auditing firm shall have right to receive all notices
and every communication relating to the general meeting of a cooperative
society and, at the cost of the cooperative society, shall be entitled to attend
such meeting and to be heard at the general body meeting, in respect of all
or any part of the business with which he is concerned as auditor or
auditing firm.
(10) If the result of the audit held under sub-section(1) discloses any
defects in the working of the society, the board shall take steps to rectify the
defects and remedy the irregularities pointed out in the audit report and
place the audit report along with the action taken report before the general
meeting to be held before the twenty-fifth day of the September every year
and explain therein the said defects or the irregularities. The board shall
continue to take steps for rectification of all the defects and remedying of all
the irregularities in the audit report and appraise the general meetings every
year till all the defects are rectified and the irregularities are remedied. The
board shall send report of action taken to the Registrar and Director of Co-
operative Audit within thirty days from the date of the general meeting.
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(11) The Director of Co-operative Audit shall submit the audit reports
of an Apex cooperative society to the State Government annually for being
laid before the legislature in the manner prescribed.
(12) If it appears to the general body of a co-operative society that
there is a prima-facie case of fraud or misappropriation or embezzlement of
funds not detected or properly examined by the auditor during the regular
audit or misclassification of accounts, the general body may resolve to
provide for a re-audit of any account of the society with a view to truly
reflect the financial position of the society and the provisions of the Act, and
the rules applicable to the audit shall apply to such re-audit;
(13) If it appears to the State Government on an application by a
cooperative society or otherwise that it is necessary or expedient to re-audit
the accounts of a society, the State Government may, by an order provide for
such re-audit and the provisions of the Act, and the rules applicable to the
audit shall also apply to such re-audit.
Provided that such re-audit shall be ordered only when there is a
prima-facie case of fraud or mis-appropriation or embezzlement of funds not
detected or properly examined by the auditor or auditing firms during
regular audit or misclassification of accounts or for any other valid reasons
with a view to truly reflect the financial position of the society.
(14) Without prejudice to the provisions of sub- sections (5) and (6),
the auditor shall inquire;
(a) Whether loans and advances made by the co-operative society on
the basis of security have been properly secured and whether
terms on which they have been made are not prejudicial to the
interests of the co-operative society or its members;
(b) Whether transactions of the co-operative society which are
represented merely by book entries are not prejudicial to the
interests of the co-operative society;
(c) Whether personal expenses have been charged to revenue account;
(d) Where it is stated in the books and papers of the co-operative
society that any shares have been allotted for cash, whether cash
has actually been received in respect of such allotment, and if no
cash has actually been so received, whether the position as stated
in the account books and the balance sheet is correct, regular and
not misleading; and
(e) Whether any special issue or subject matter referred to for enquiry
by the Reserve Bank or National Bank has been duly enquired into
and report thereof is submitted to the Reserve Bank or National
Bank as the case may be.
(15) The auditor shall make a report to the cooperative society on the
accounts examined by him and on every balance sheet and profit and loss
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(18) Where any of the matters referred to in clauses (a) and (b) of sub-
section (14) or in clauses (a) and (b) of sub section (15) or clause (a) to (d) of
sub-section (16) is answered in the negative or with a qualifying observation,
the auditor’s report shall state the reason for the answer.
(19) The remuneration of the auditor or auditing firm of a cooperative
society shall be borne by the society and shall be at such rates as may be
fixed by general body of the society.
(20) The Director of Cooperative Audit shall maintain a list of
cooperative societies districtwise, the list of working societies, the list of
societies whose accounts are audited, the list of societies whose accounts
are not audited within the prescribed time and the reasons therefor. He
shall co-ordinate with the cooperative societies and the auditors or auditing
firms and ensure the completion of audit of accounts of all the cooperative
societies in time every year.
Explanation: For the purpose of this section,- (i) ‘Auditor’ means an
auditor or an officer of the Department of Cooperative Audit who has
passed, in addition to the graduation or post graduation degree,
Higher Diploma in Cooperative Management / Diploma in Cooperative
Audit / General Diploma in Cooperative management and who has
completed the period of probation successfully and who has a working
knowledge of the kannada language; or a Chartered Accountant
within the meaning of the Chartered Accountants Act, 1949 who shall
have a fair knowledge of the functioning of the cooperative societies
and shall have an experience of at least three years in auditing of
which the auditor would like to be included in the panel and chartered
accountants shall have working knowledge of the Kannada language.
(ii) ‘Auditing firm’ means a firm of more than one Chartered
Accountant within the meaning of the Chartered Accountants Act,
1949 who or which shall have a fair knowledge of the functioning of
the cooperative societies and shall have an experience of at least three
years in auditing of which the auditing firm would like to be included
in the panel and chartered accountants shall have working knowledge
of the Kannada language.
35. Amendment of section 64.- In section 64 of the Principal Act,-
(i) after sub-section (2A), the following proviso, shall be inserted,
namely:-
“Provided that the State Government shall, on a report made by the
Registrar, shall have power to extend the period for holding the enquiry
beyond eighteen months if it is satisfied that, there are genuine grounds
for the extension.”
(ii) in sub-section (3), for clause (b), the following shall be substituted;
namely:-
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“(b) the inquiry officer may also summon any officer of a financing
bank or a credit agency as the case may be or any person having
any kind of business relationship with the society or any person
who is connected with the functioning of and who has knowledge
about the affairs of the society to produce any records or
documents, if any, related to the transactions with and working of
the society and furnish such information and the explanations, at
the registered office or branch of the society or at any public office
at the headquarters of the society, as the inquiry officer may
require for the purpose of the inquiry.”
(iii)after sub-section (4), the following shall be inserted, namely:-
“(4A) On receipt of the inquiry report and the result of the inquiry
from the Registrar, it shall be the responsibility of the board to
initiate immediate necessary action for rectification of deficits, if
any, therein and place the report before the annual general
meeting or a special general meeting convened for the purpose at
the earliest.
Provided that the general body of the cooperative society shall not
be competent to pass a resolution negativing the findings of the
inquiry”.
(iv) in sub-section (5), for the words “three months”, the words “forty
five days” shall be substituted”.
36. Amendment of section 65.- In section 65 Principal Act,-
(i) after sub-section (2), the following shall be inserted, namely:-
“(2A) On receipt of the inspection report and the result of the inspection
from the Registrar, it shall be the responsibility of the board to initiate
necessary action for rectification of defects, if any, therein and place the
report before the annual general meeting or a special general meeting
convened for the purpose at the earliest.
Provided that the general body of the cooperative society shall not be
competent to pass a resolution negativing the findings of the inspection”.
(ii) in sub-section (3),
“(a) for the word “inquiry” wherever it occurs, the word “inspection”
shall be substituted.
(b) for the words “three months”, the words “forty five days” shall be
substituted.
37. Amendment of section 68.- In section 68,-
(i) in sub-section (1),
(a) for the words ‘remedy the defects”, the words “rectify the defects
and remedy the irregularities” shall be substituted.
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(b) the words “the audit under section 63 or” shall be omitted.
(ii) in sub-section(3), for the words ‘’who shall take action for
incorporation of ”, the words “who shall inform the society auditor
or auditing firm auditing the accounts of the society for
incorporation” shall be substituted.
38. Amendment of section 69.- In section 69 of the Principal Act,
after sub-section (4), the following proviso, shall be inserted, namely:-
“Provided that the State Government shall, on a report made by the
Registrar, may extend the period beyond eighteen months if it is satisfied
that, there are genuine/valid grounds for such extension”.
(ii) in sub-section (2), in clause (b), for the words, “or has ceased to
work”, the words “within a period of six months of the date of its
registration or has ceased to function for six months” shall be
substituted.
(iii) after sub-section (4), the following shall be inserted, namely:-
“(5) Notwithstanding anything in this section, the Registrar shall
make an order for the winding up of a cooperative society, if the general
body of the society, by a resolution passed by two thirds majority of the
members present and voting in a general meeting decides for the winding up
of that society”.
42. Amendment of Section 98B.- In section 98B of the Principal
Act,, after the words, “over riding effect”, the words, “except the provisions of
sections 12, 16, 17, 19A, 20, 27, 27A, 27B, 28, 28A, 29C, 29E, 29F, 29G,
30, 31, 39A, 39AA, 56, 57A, 63, 64, 65, 70, 72, 108 & 109” shall be
inserted.
43. Omission of section 98 P.- section 98P of the Principal Act, shall
be omitted.
44. Omission of section 98T.- section 98T of the Principal Act, shall
be omitted.
45. Amendment of section 105A.- In section 105A of the Principal
Act,,(i) in sub-section (1), for the word “Registrar”, the words “general body”,
shall be substituted.
(ii) for sub-section (3), the following shall be substituted; namely:-
“(3)The general body of the cooperative society shall, after giving
a reasonable opportunity to the person concerned to make his
representation, if any, in writing and after considering the reasons
for refusal of membership by the board, direct either that the
person shall be admitted as a member by the cooperative society or
that he need not be admitted by the cooperative society, and in the
former case, the board shall give effect to the decision within ten
days of the resolution of the general body”.
(iii) sub-section (4) and (5) shall be omitted.
46. Amendment of section 106.- In section 106 of the Principal
Act,, after sub-section (5), the following proviso, shall be inserted, namely:-
“Provided that the State Government shall, on a report made by the
Registrar, may extend the period beyond eighteen months if it is satisfied
that, there are genuine/valid grounds for such extension.”
47. Amendment of section 108.- In section 108 of the Principal Act,
for the words, “an appeal has been made to the State Government under
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section 106”, the words “an appeal has been made to the State Government
or other authorities under section 106” shall be substituted.
48. Amendment of section 109.- In section 109 of the Principal Act,
after sub-section(16), the following shall be inserted, namely:-
“(17) The members of the board who fails and the chief executive
who fail to submit the accounts and the information required by the
auditor as per section 63 within the stipulated time shall be
punishable with imprisonment for a term which may extend to six
months or with a fine which may extend to five thousand rupees or
with both;
(18) Every member of the board who fails and the chief executive
who fails to get its accounts for the previous year audited as per
section 63 within the stipulated time and present the same before the
annual general meeting shall be punishable with imprisonment for a
term which may extend to six months or with a fine which may
extend to ten thousand rupees or with both;
(19) Every member of the board who and the chief executive who
fail to file annual returns with the Registrar as per section 27B shall
be punishable with imprisonment for a term which may extend to six
months or with fine which may extend to five thousand rupees or
with both;
(20)Every member of the board which fails and the chief
executive who fails to provide necessary books, records and
information within time and assist the cooperative election
commission for the conduct of elections within the time stipulated
under section 39AA shall be punishable with imprisonment for a
term of six months or with fine of ten thousand rupees or with both;
(21)Any person who, before, during or after the election of the
members of the board or office-bearers, adopts any corrupt practice
under section 39C or commits any electoral offences under section
39K shall be punishable with imprisonment for a term which may
extend to six months or with fine which may extend to ten thousand
rupees or with both.”
49. Amendment of section 113.- In section 113 of the Principal Act,
In sub-section (2) in the proviso, the words “with the previous permission of
the Registrar” shall be omitted.
50. Amendment of section 117.- In section 117 of the Principal Act,,
sub-section (2) shall be omitted.
51. Amendment of section 118.- In section 118 of the Principal Act,
in sub-sections (1), for clauses (b) and (c), the following shall be substituted,
namely:-
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(vi) in clause (o), for the word “qualification”, the words “qualification,
experience and procedure” shall be substituted.
(vii) after clause (t) the following shall be inserted, namely:-
“(t-1) procedure for the maintenance and administration
of education fund by the Karnataka State Cooperative
Federation;
(t-2)- the cost of preparation of the electoral rolls for, and
the conduct of, the elections by the election commission”.
(viii) in clause (y), for the word “Societies” and the remuneration
payable to the auditor or auditing firm;” shall be substituted.
(ix) for clause (ii), the following shall be substituted; namely:-
“(ii) Procedure for empanelment of the auditors and auditing firms
to be sent to the cooperative societies”.
54. Power to remove difficulties.-(1) If any difficulty arises in giving
effect to the amendments made by this Act, the State Government may, by
order published in the official Gazette, make such provisions not
inconsistent with the provisions of the Principal Act, and the Constitution
(ninety seventh amendment) Act,, 2011 as appear to it to be necessary or
expedient for removing the difficulty.
Provided that no such order shall be made under this section after the
expiry of two years from the date of commencement of this Act,-
(2) Every order made under this section shall, as soon as may be,
after it is made, be laid before the State Legislature.
(G.K. BOREGOWDA)
Secretary to Government,
Department of Parliamentary Affairs
and Legislation
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