1845

Panaji, 19th October, 2021 (Asvina 27, 1943)

SERIES I No. 29

Reg. No. RNP/GOA/32/2021-2023

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

GOVERNMENT OF GOA

Department of Law

Legal Affairs Division

Notification

7/26/2021-LA

The Goa Agricultural Tenancy (Amend-

ment) Act, 2021 (Goa Act 33 of 2021), which

has been passed by the Legislative Assembly

of Goa on 30-07-2021 and assented to by the

Governor of Goa on 12-10-2021, is hereby

published for the general information of the

public.

D. S. Raut Desai, Joint Secretary (Law).

Porvorim, 19th October, 2021.

________

The Goa Agricultural Tenancy

(Amendment) Act, 2021

(Goa Act 33 of 2021) [12-10-2021]

ACT

further to amend the Goa, Daman and Diu

Agricultural Tenancy Act, 1964 (Act 7 of

1964).

BE it enacted by the Legislative Assembly

of Goa in the Seventy-second Year of the

Republic of India as follows:—

Suggestions are welcomed on e-mail: dir–[email protected]

EXTRAORDINARY

1. Short title and commencement.— (1) This

Act may be called the Goa Agricultural

Tenancy (Amendment) Act, 2021.

(2) It shall come into force at once.

2. Amendment of long title.— In the Goa,

Daman and Diu Agricultural Tenancy Act,

1964 (Act No. 7 of 1964) (hereinafter referred

to as the “principal Act”), in the long title,

for the expression “Union territory of Goa,

Daman and Diu”, the words “State of Goa”

shall be substituted.

3. Amendment of section 1.— In section 1

of the principal Act,—

(i)in sub-section (1), the expression

“, Daman and Diu” shall be omitted;

(ii) for sub-section (2), the following

sub-section shall be substituted, namely:—

“(2), It shall extend to the whole of

the State of Goa”.

4. Amendment of section 2.— In section 2

of the principal Act,—

(i) in clause (8), the expression “, Daman

and Diu” shall be omitted;

(ii) in clause (17), for the expression

“Goa, Daman and Diu Government

Gazette”, the words “Official Gazette of the

Government of Goa” shall be substituted.

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5. Amendment of section 18J.— In section

18J of the principal Act, in sub-section (2), in

clause (ii), for sub-clause (d), the following

sub-clause shall be substituted, namely:—

“(d) a co-operative farming society

registered as such under the Goa Co-

operative Societies Act, 2001 (Goa Act 36

of 2001).”.

6. Amendment of section 26.— In section

26 of the principal Act, in sub-section (3), for

the first proviso, the following proviso shall

be substituted, namely:-

“Provided, however, that in the case of

repair/strengthening of bunds which may

be specified by the Government as

protective bunds, the Government shall, on

such conditions and in such manner as

may be prescribed, contribute such sum,

as decided by the Government from time

to time, towards the cost of such repairs:”

7. Repeal and Savings.— (1) The Goa

Agricultural

Tenancy

(Amendment)

Ordinance, 2021 (Ordinance No. 2 of 2021) is

hereby repealed.

(2) Notwithstanding such repeal, anything

done or any action taken under the principal

Act, as amended by the said Ordinance, shall

be deemed to have been done or taken under

the principal Act, as amended by this Act.

Secretariat,

CHOKHA RAM GARG

Porvorim, Goa.

Secretary to the

Dated: 19-10-2021.

Government of Goa

Law Department

(Legal Affairs).

__________

Notification

7/33/2021-LA

The Goa Co-operative Societies (Amend-

ment) Act, 2021 (Goa Act 34 of 2021), which

has been passed by the Legislative Assembly

of Goa on 30-07-2021 and assented to by the

Governor of Goa on 12-10-2021, is hereby

published for the general information of the

public.

D. S. Raut Desai, Joint Secretary (Law).

Porvorim, 19th October, 2021.

The Goa Co-operative Societies

(Amendment) Act, 2021

(Goa Act 34 of 2021) [12-10-2021]

ACT

further to amend the Goa Co-operative

Societies Act, 2001 (Goa Act 36 of 2001).

BE it enacted by the Legislative Assembly

of Goa in the Seventy-second Year of Republic

of India as follows:—

1. Short title and commencement.— (1) This

Act may be called the Goa Co-operative

Societies (Amendment) Act, 2021.

(2) It shall come into force on such date as

the Government may, by notification in the

Official Gazette, appoint.

2. Amendment of section 2.— In section 2

of the Goa Co-operative Societies Act, 2001

(Goa Act 36 of 2001) (hereinafter referred to

as the “principal Act”),—

(i) clause (1) shall be re-numbered as

clause (1A) and before clause (1A) as so

re-numbered, the following clause shall be

inserted, namely:—

“(1) “Administrative Secretary” means

Secretary

Co-operation

the

Government of Goa;”;

(ii) clause (38a) shall be re-numbered as

clause (38b) and before clause (38b) as so

re-numbered, the following clause shall be

inserted, namely:—

“(38a) “Reconciliator” means a

Reconciliator appointed by the Registrar

under sub-section (1) of section 113A on

the panel of Reconciliators;”.

3. Amendment of section 4.— In section 4

of the principal Act, after sub-section (2), the

following sub-section shall be inserted,

namely:—

“(3) The Registrar may, with prior

approval of the Government, appoint a

person having experience in the field of

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banking, management, finance, accounts,

audit, human resource or specialization in

any other field relating to the objects and

activities

undertaken

the

Co-operative societies, to assist him in

deciding the matters, on such terms and

conditions as may be decided by the

Government.”.

4. Insertion of new section 20B.— After

section 20A of the principal Act, the following

section shall be inserted, namely:—

“20B. Deposit Protection Scheme.— (1)

The Government may, by notification in the

Official Gazette, frame Scheme called

Deposit Protection Scheme.

(2) Every co-operative credit society and

other co-operative societies having credit

business, shall register themselves under

such Deposit Protection Scheme and pay

such contributions, so as to secure deposits

of its depositors and members and take

such other measures, as specified in the

Scheme.

(3) The Co-operative societies referred

in sub-section (2) shall renew the

registration under such deposit protection

scheme by making payment of annual

renewal fees as specified in such scheme.

(4)

All

sums

received

towards

registration fees, annual renewal fee and

contributions shall form part of a fund to

be called Deposit Protection Fund as may

be constituted under the Deposit Protection

Scheme.

(5) The Government shall appoint an

authority to be the custodian of such

Deposit Protection Fund who shall be

vested with such powers as may be

specified in the Deposit Protection scheme.

(6) The co-operative societies referred in

sub-section (2) shall appoint Chief

Executive who shall ensure that the

registration of such co-operative societies

under deposit protection scheme is timely

done and renewed. Failure to renew the

registration on the part of Chief Executive

shall constitute an offence under section

118 of this Act.

Provided that a co-operative credit

society may also formulate an additional

deposit protection scheme of it’s own with

prior approval of the Registrar, for securing

the deposits of its depositors.

5. Amendment of section 32.— In section

32 of the principal Act,—

(i) in sub-section (2) for the words “A

Society” the words “The Chief Executive

or any one of the office bearer” shall be

substituted;

(ii) after sub-section (2), the following

sub-sections shall be inserted, namely:—

“(3) In the event of failure on the part

of the Chief Executive or the office bearer

to provide the information under sub-

section (2), the aggrieved member may

file an appeal before the Assistant

Registrar. The Assistant Registrar after

hearing both the parties shall pass an

order within 30 days from the date of

filing such appeal.

(4) Any member who, does not

receive any order within the time

specified in sub-section (3) or is

aggrieved by an order of the Assistant

Registrar, may within a period of sixty

days from the date of request under sub-

section (2) or within a period of thirty

days from the date of order, prefer a

second appeal to the Deputy Registrar.

(5) Where the Deputy Registrar at the

time of deciding such appeal is of the

opinion that the Chief Executive or office

bearer, as the case may be has, without

any reasonable cause, refused to receive

an application for information or has not

furnished information within the time

specified under sub-section (2) or

malafidely denied the request for

information or knowingly given incorrect,

incomplete or misleading information or

destroyed information which was the

subject of the request or obstructed in

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any manner in furnishing the information,

shall impose on the Chief Executive or

the office bearer, as the case may be, a

penalty of rupees two hundred and fifty

for each day of delay from the date of

expiry of a period of 30 days from the

date of application seeking information

till the information is provided or such

amount of penalty as may be decided by

the Deputy Registrar in case of

destruction of information, so however,

the total amount of such penalty shall

not

exceed

rupees

twenty-five

thousand.”.

6. Substitution of section 41.— For section

41 of the principal Act, the following sections

shall be substituted, namely:—

“Restriction on borrowings.— (1) A

society shall receive deposits and loans

from members and other persons, only to

such extent, and under such conditions,

as may be prescribed:

(2) The total amount of deposits received

and/or loans raised during any financial

year shall not exceed ten times of the paid

up share capital, reserve fund, building

fund

and

accumulated

profit

less

accumulated loss, if any, of the society:

Provided that, with prior written approval

of the Registrar, the society may enhance

the limit of borrowings upto twenty-five

times of it’s paid-up share capital, reserve

fund, building fund and accumulated profit

less accumulated loss, if any further

subject to the condition that the society

fulfils all the financial parameters of a

healthy co-operative credit society as

provided under section 76 C.

(3) A mutually aided society shall not

accept share capital from the Government

but may accept other funds or guarantee

from the Government on such terms and

conditions as are mutually agreed upon

through a memorandum of understanding.

(4) A society may accept funds from the

Government or other financing institution

on such terms and conditions as are

mutually contracted upon. Such conditions

may include the right of the Government

or other financier to nominate its

representative on the board of directors of

the society, subject, however, to the

restriction that such representative shall

have the right to vote in the meetings of

the society. Such right to vote of nominated

director shall however be restricted only

on the subject matter of advice and on any

financial matters going against society.

Such nominated director shall also have

the right to put dissent which shall be duly

recorded in the minutes of the meeting of

the Board of Directors.”

7. Omission of section 51.— Section 51 of

the principal Act, shall be omitted.

8. Amendment of section 52.— In section

52 of the principal Act, in sub-section (2),—

(i) for clause (c), the following clause

shall be substituted, namely:—

“(c) Not less than 2% with a maximum

limit of rupees fifty thousand towards

contribution

the

Co-operative

Development Fund which shall be

transferred

the

Co-operative

Development Fund as maintained by the

Registrar of Co-operative Societies within

three months after the close of the

co-operative year;”

(ii) after clause (c), the following proviso

shall be inserted, namely:-

“Provided that the Registrar may with

the prior approval of the Government

transfer such Co-operative Development

Fund or part thereof to the Goa State Co-

operative Union or any other Institution for

the purpose of providing education and

training in the Co-operation.”.

9. Amendment of section 58.— In section

58 of the principal Act, in sub-section (3),—

(i) the existing clause (k) shall be re-

numbered as clause (m);

(ii) after clause (j), the following clauses

shall be inserted, namely:—

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“(k) acquisition of an immovable

property involving an amount of rupees

twenty lakhs and above by following the

codal formalities and the guidelines

issued by the Registrar, subject to the

funds being provisioned in the building

fund, and, or by way of funds raised by

voluntary contribution received from

share holders without expecting any

returns;

(l) disposal of immovable property

involving an amount of rupees twenty

lakhs and above as per the guidelines

issued by the Registrar from time to

time.”.

10. Amendment of section 59.— In section

59 of the principal Act, in sub-section (4), the

following provisos shall be inserted,

namely:—

“Provided that till the seats of reserved

categories are not filled such reserved seats

shall not be counted as members of Board

of Directors or for quorum of its meeting;

Provided further that if for any reason, a

full-fledged board could not be constituted,

it shall be competent for the Registrar to

appoint remaining directors on the board

by granting relaxation to the eligibility

criteria and such appointment shall be co-

terminous with the elected board.”.

11. Amendment of section 59A.— In section

59A of the principal Act, in sub-section (6),

after the existing proviso, the following

proviso shall be inserted, namely:—

“Provided further that when there is an

equality of votes, the motion shall be

deemed to have lapsed.”.

12.

Substitution of section 61.— For

section 61 of the principal Act, the following

section shall be substituted, namely:—

“61. Disqualification of all Directors of

the Board.— Notwithstanding anything

contained in the foregoing section, all the

Directors of the Board shall incur

disqualification not exceeding six years as

may be decided by the Registrar after

giving an opportunity of being heard, if

during their term as Directors of the

society,—

(a) they did not conduct the annual

general meeting within six months of

closure of the society’s accounting year;

(b)

they

did

not

conduct

requisitioned general meeting within the

specified time;

accounts for the preceding co-operative

year before the general body at its annual

general meeting;

(d) they willfully allow any of the

disqualified directors to continue on the

board;

(e) they did not file the returns within

stipulated time as provided under section

81;

(f) they are held responsible for not

providing the information as required

under section 32 of the Act:

Provided that if it is proved that the

aforesaid omission or commission was with

the consent or connivance of or is attributed

to any gross negligence on the part of any

Auditor, Director, Chief Executive, Managing

Director or any other officer of the society,

such Auditor, Director, Chief Executive,

Managing Director or any other officer of the

society shall be guilty and shall be liable for

disqualification or misconduct, as the case

may be and for penalty which shall not be

less than rupees one hundred but not

exceeding rupees twenty-five thousand.”.

13.

Amendment of section 62.— In section

62 of the principal Act, in sub-section (1), for

clause (i) the following clause shall be

substituted, namely:—

“(i) acquire or dispose of immovable

property of value not exceeding rupees

twenty lakhs;”;

14. Amendment of section 66.— In section

66 of the principal Act, in sub-section (5),—

(i) the expression “and office bearers”

shall be omitted;

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(ii) after sub-section (5), the following

proviso shall be inserted, namely:—

“Provided that, in case of co-operative

housing society and Self Help Group

members not exceeding two hundred

and in the case of panivatap societies,

primary dairy co-operative societies and

resource societies having working capital

less than Rupees fifty lakhs, the elections

of the Board or committee shall be

conducted by such societies in the

General Body before the expiry of the

term of office of the members of the

outgoing board, in accordance with the

rules as prescribed”.

(iii) for sub-section (6), the following sub-

section shall be substituted, namely:—

“(6) The election of the office bearers,

except in case of co-operative housing

societies and self help groups having not

more than two hundred members

and panivatap societies, primary dairy

co-operative societies and the resource

societies having working capital less

than rupees fifty lakhs, shall be

conducted by the authorized person/

authority/body within thirty days from

the date of declaration of the result of

the election to the board:

Provided that the election of office

bearers of co-operative housing societies

and self help group having not more than

two hundred members and panivatap

societies, primary dairy Co-operative

Societies and the resource societies

having working capital less than rupees

fifty lakhs, may be conducted in the first

board meeting of the newly elected

board as per the rules as prescribed:

Provided further that subsequent

vacancy or vacancies on the board

caused due to retirement, resignation,

death etc. shall be filled by election of

new office bearer by remaining directors

as per provisions of bye-laws of the

societies:

Provided also that in all such cases

where the elections are held by the

society and not by the authorized person

appointed by the Registrar a copy of the

proceeding of the meeting conducting

of such elections shall be mandatorily

required to be submitted to the Assistant

Registrar.”.

15. Amendment of section 67.— In section

67 of the principal Act, for sub-section (1),

the following sub-section shall be substituted,

namely:—

“(1) Where there is a vacancy or

vacancies on the Board of Directors, the

remaining directors may exercise all the

powers of the board or may fill the

vacancies on the board by co-option for

the remainder of the term from eligible

persons out of the same class of members

in respect of which the casual vacancy has

arisen, if such vacancies are not more than

one-third of the total number of directors

of the board and the term of office of the

board is less than half of its original term.”.

16. Amendment of section 67A.— In section

67A of the principal Act, after sub-section

(3), the following sub-section shall be

inserted, namely:—

“(4) The Registrar may fix the

remuneration payable to the administrator

which shall be paid from the funds of the

society”.

17. Amendment of section 68.— In section

68 of the principal Act, sub-sections (3) and

(4) shall be omitted.

18. Amendment of section 69.— For section

69 of the principal Act, the following section

shall be substituted, namely:—

“69. Directions by the Registrar for

successful conduct of business.— (1) The

Registrar may, from time to time, issue such

directions or directives to a co-operative

society or a class of co-operative societies

as he considers necessary for successful

conduct of business, in the interest of

shareholders and all matters incidental

thereto and such directions or directives

shall be binding on them.

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(2) In case of failure to comply with

direction issued under sub-section (1), the

Registrar may, by order,—

(a) if such defaulter is a member of

the committee of the society, remove the

member from the committee and appoint

any other person as a member of the

committee for the remainder of the term

of his office and declare him to be

disqualified to be such member for a

period not exceeding six years from the

date of the order;

(b) if such defaulter is an employee of

the society, by order direct the

committee to remove such person from

employment of the society forthwith, and

if any member or members of the

committee, without any good reason or

justification, fail to comply with such

order, remove the member or members

of the committee and appoint any other

person as members and declare him

disqualified as provided in clause (a):

Provided that, before making any such

order under this sub-section, the

Registrar shall give a reasonable

opportunity of being heard to the person

concerned.

(3) The Registrar may, on representation

made to him or on his own motion, modify

or cancel any direction issued under sub-

section (1), and in so modifying or

cancelling any direction may impose such

conditions as he may think fit, subject to

which the modification or cancellation shall

have effect.

(4) Any person aggrieved by the decision

of the Registrar, may prefer an appeal to

the Secretary (Co-operation) to the

Government within thirty days from such

decision.”.

19. Amendment of section 73.— In section

73 of the principal Act, after sub-section (4),

the following sub-section shall be inserted,

namely:—

“(5) Where the society fails to comply

with provision contained in sub-section (4),

the society shall be liable for a fine which

shall not exceed rupees five hundred per

day till such society complies with the

provisions of sub-section (4). The fine so

imposed shall be paid by the offenders

within 30 days from the date of passing of

order. All such fine so imposed if not paid

within specified time, shall be recovered

as arrears of land revenue.”.

20. Amendment of section 74.— In section

74 of the principal Act, in sub-section (2),—

(i) after the expression “or having

working experience of atleast ten years in

co-operative Audit.” The expression “The

panel of auditors so constituted by the

Registrar shall be renewed after every

three years with due consent of the

concerned Chartered Accountants and

certified auditors on payment of such

renewal fees as may be prescribed.” shall

be inserted.

(ii) for sub-section (2) the following

proviso shall be inserted, namely:—

“Provided that before constituting the

panel of auditors, the Registrar may call

for the applications from the Chartered

Accountant and Certified Auditors for

being appointed on the Panel of

Auditors.”;

(iii) in sub-section (4), for the existing

proviso, the following provisos shall be

substituted, namely:—

“Provided that the Registrar may in

any particular case, extend the aforesaid

period by such period as he may

consider necessary where he is satisfied

that such extension shall be in the

interest of the society:

Provided further that in the event of

pendency of audit, the Registrar shall

appoint an auditor from the panel of

auditors constituted under sub-section

(2) and cause the audit.”;

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(iv) for sub-section (5), the following sub-

section shall be substituted, namely:-

“(5) The audit fees payable to the

auditors enlisted on the panel of auditors

shall be fixed by the Registrar with the

approval of the Government.”.

(iv) after sub-section (8), the following

sub-section shall be inserted, namely:—

“(9)

Notwithstanding

anything

contained in this section and section 75

in case of housing co-operative society

and self help group having membership

not exceeding two hundred members

and panivatap society, primary dairy co-

operative society and service resource

society having working capital less than

Rupees fifty lakhs, the Chief executive of

such society shall prepare the statement

of accounts or audit report and submit

to the Board. The Board shall discuss in

its meeting the statement of accounts

and the audit report so submitted by the

Chief executive and record its approval

and within six months from the close of

the co-operative year place such

statement of accounts and the audit

report before the general body for its

approval. The Chief executive while

preparing the statement of accounts and

audit report shall exercise all due

diligence and exercise the powers and

duties of the auditor as specified under

section 75 of the Act:

Provided that in all such cases where

the annual statement of accounts and

audit report is prepared by the Chief

executive, after due approval by the

General Body, a copy of such audit report

or the statement of accounts shall be

submitted to the Assistant Registrar for

scrutiny:

Provided

further

that

any

discrepancies or shortcomings pointed

out by the Assistant Registrar on such

statement of accounts or audit report

shall be made good by the Board of

Directors of such society. Any audit

compliances in such statement of

accounts or audit report shall be placed

before the General Body and a copy of

the action taken on such audit

compliances shall be submitted to the

Assistant Registrar.”.

21. Amendment of section 75.— In section

75 of the principal Act, for sub-section (8) the

following sub-section shall be substituted,

namely:—

“(8) In the event of mismanagement,

misappropriation of society’s funds, the

auditor shall file special report to the

Registrar, failing which, he shall be held

responsible for willful omission or failure

to report to the Registrar which shall

constitute an offence under section 118 of

this Act.”

22. Amendment of section 76A.— In section

76A of the principal Act, after sub-section

(5), the following sub-section shall be

inserted, namely:—

“(6) In case the complaint is found to be

false or frivolous, the cost and expenses of

the inquiry or inspection initiated under

sub-section (2) of section 76 A shall be

borne by such person on whose complaint

such inquiry or inspection is conducted.”

23. Insertion of new sections 76B to 76G.—

After section 76A of the principal Act, the

following sections shall be inserted,

namely:—

“76B. Inspection and scrutiny of

co-operative credit society and other

co-operative societies engaged in credit

business.— (1) Notwithstanding anything

to the contrary contained in section 76A of

the Act, the Registrar shall at least once in

a financial year, cause an inspection of

books of accounts of co-operative credit

society or other co-operative societies

engaged in credit business, by an officer

not below the rank of Co-operative Officer

with the assistance of one or more Senior/

Junior Auditors if required. Such officer

shall provide to the society, a copy of its

report on such inspection.

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Explanation: For the purpose of this

section,—

(i) “Co-operative officer” means a person

appointed as Co-operative Officer by the

Registrar.

(ii) “Senior/Junior auditor” means person

appointed as Senior/Junior auditor by the

Registrar.

(2) Notwithstanding anything to the

contrary contained in any other State law

for the time being in force and without

prejudice to the provisions of sub-section

(1), the Registrar may at any time, cause a

scrutiny to be made by an officer not below

the rank of Co-operative Officer and if

required with the assistance of one or more

Senior/Junior Auditors, of the affairs of any

co-operative credit society or other society

and its books of accounts. A copy of the

report of the scrutiny shall be furnished to

the co-operative credit society or other

society, if such society makes a request for

the same or if any adverse action is

contemplated against such society on the

basis of the scrutiny.

(3) It shall be the duty of every Director

or other officer or employee of the co-

operative credit society or other society, as

the case may be, to produce before any

officer making an inspection under sub-

section (1) or a inquiry under sub-section

(2), all such books of accounts and other

documents in his custody or power and to

furnish him with any statements and

information relating to the affairs of such

society as the said officer may require

within such time as such officer may

specify. Any person making an inspection

under sub-section (1) or a inquiry under

sub-section (2) may obtain written

statement of any Director or other officer

or employee of the co-operative credit

society or other society in relation to its

business.

(4) The Registrar, after considering the

report if he is of the opinion that the affairs

of such society are being conducted to the

detriment of the interests of its depositors,

he may,—

(a) prohibit the society from receiving

fresh deposits;

(b)

prohibit

the

society

from

advancing fresh loans or reduce the loan

sanctioning limit;

administrative and capital cost;

(d) issue such other direction as he

may deem fit in the interest of such

society in particular and members at

large;

(e) if the Registrar is satisfied that the

inspection report reveals serious

financial or administrative irregularities

or violation of the provisions of the Act,

Rules, Bye-laws or any guidelines or

notification or if he is satisfied that the

financial or administrative affairs of the

society are managed in a manner

detrimental to the interest of the

members, he shall recover such sum of

money equivalent to the loss caused to

the

society

from

every

person

responsible for causing such loss and

such act shall constitute offence in terms

of section 118 of this Act.;

(f) direct to amalgamate, merge with

other society or may order for liquidation

for winding up of its affairs:

Provided that the Registrar after

assessing the financial position of such

society, may cancel or modify or relax

any such order passed under clause (a),

(b), (c) or (d) of sub-section (4) upon such

terms and conditions as he may deem

fit.

76C.

Ailing

Co-operative

Credit

societies.— (1) For the purposes of this

section an Ailing Co-operative credit

society shall mean a Co-operative credit

society and such other co-operative

societies engaged in the business of credit

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which does not fulfill any of the financial

parameters specified in sub-section (2) to

qualify to be a financially healthy co-

operative society:—

(2) A financially healthy co-operative

credit society means a co-operative credit

society which fulfills the following financial

parameters, namely:—

(A) Resources— The collective wealth

of a society or its means of producing

wealth or increasing its business. The

collective wealth of the cooperative credit

society is determined on the basis of the

following financial parameters

(i) Share Capital: The funds raised by

the Cooperative Credit Society against

the shares allocated to its members. For

a financially healthy cooperative credit

society the share capital should be 5 %

of the total liabilities in the annual

balance sheet of such society.

(ii) Reserves and other funds: the

funds

created

out

way

appropriation of the net surplus or profits

earned. For a financially healthy

cooperative credit society the total

reserves and other such funds as are

provided in section 52 of this Act shall

be in the proportion of 6 % of the total

liabilities in the annual balance sheet of

such society.

(iii) Deposits and Borrowings: The total

deposits and borrowings of a financially

healthy cooperative credit society shall

be 84 % of the total liabilities in the

Annual Balance sheet of such society.

(iv) Other liabilities: A financially

healthy cooperative credit society may

have other liabilities resulting out of its

business operations, which may be

specified and the same shall be 3 % of

the total liabilities on the annual balance

sheet of such society.

(v) Net surplus: Net surplus or net

Profit of the financially healthy

cooperative credit society shall be 1 %

to 2 % of total liabilities in the annual

balance sheet of such society.

(vi) Non Performing Assets (N.P.A.): Net

N.P.A. of a healthy co-operative society

shall not exceed 10% of advances at any

point of time.

Explanation: “Non Performing Assets”

means assets which do not generate

income. In case any loan account, which

does not generate income for more than

180 days, it should be treated as non

performing assets.

(b) Utilization: The practical and effective

use of funds of the society as per the

directives of the Registrar or in accordance

with the Bye Laws and the business of the

society. The following financial parameters

shall determine the Utilization of the

cooperative credit society.

(i) Loans and Advances: The total

Loans and Advances extended by the

financially healthy Cooperative Credit

society shall be 70 % of the liabilities in

the balance sheet.

(ii) SLR: SLR or Statutory Liquidity

Ratio is the minimum percentage of

deposits that a bank has to maintain in

form of gold, cash or other approved

securities. The Proportion of SLR for a

financially healthy cooperative credit

society shall be 20 % of the total deposits

(i.e. 16.80 % of the total liabilities).

(iii) CRR: CRR or Cash Reserve

Ratio refers to a certain percentage of

total deposits of the cooperative credit

society which is required to be

maintained in the form of cash reserve

with a central Bank. The Proportion of

CRR for a financially healthy cooperative

credit society shall be 5% of the total

deposits (i.e. 4.2 % of the total liabilities)

(iv) Fixed Assets: Land, buildings,

equipments or any assets which are

purchased by the society for term use

and are not likely to be converted quickly

into cash. For a financially healthy

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cooperative credit society the total

liability on account of Fixed assets shall

be 4% of the total liabilities in the balance

sheet.

(v) Other assets: Means miscellaneous

assests that cannot be classified as

current assets, fixed assets or intangible

assets. For a financially healthy

cooperative credit society the total

liability on account of Fixed assets shall

be 5 % of the total liabilities in the annual

balance sheet.

(3) Where a Co-operative credit society

does not fulfill the financial parameters

as specified in sub-section 2, such

co-operative credit society shall be

classified as ailing Co-operative credit

society. The Registrar shall direct the Board

of Directors of such ailing co-operative

credit society to submit detailed action plan

complying the requirements of financial

parameters as contained in sub-section (2)

above. The Registrar may suggest

measures to streamline the functioning of

such ailing societies and may also seek

assistance of any person appointed under

sub-section (3) of section 4 of this Act so

that such co-operative credit societies fulfil

the

specified

financial

parameters

confirming their financial health.

(2) The Registrar shall display on his

website a list of such ailing co-operative

credit societies for information of depositors

and general public.

76D. Inquiry into working of ailing co-

operative credit societies.— (1) The

Registrar may make such inquiry as he may

deem fit, to ascertain the financial

condition of the ailing co-operative credit

society, upon information received or upon

his own knowledge about such ailing co-

operative credit society.

(2) The Registrar may, if he deems

necessary or expedient so to do require by

order, the Deputy Registrar or any

subordinate officer to enquire into the

affairs of such ailing co-operative credit

society and make a report with respect to

matters as specified in the order.

(3) The Deputy Registrar or any

subordinate officer so appointed under sub-

section (2) above shall complete its inquiry

as expeditiously as possible and submit its

report to the Registrar within thirty days

from the date of such order:

Provided that the Registrar may extend

the said period upto fifteen days by

recording the reasons in writing.

(4) The Registrar shall conclude its

inquiry as expeditiously as possible and

pass final order suggesting the action for

such ailing co-operative credit society

within sixty days from the commencement

of the inquiry:

Provided that the Registrar may extend

the said period to ninety days with the

approval of Government, by recording the

reasons for such extension. An opportunity

of hearing shall be granted to such ailing

co-operative credit society and to present

their cases so also to comply with the

requirements of the financial parameters

as contained in sub-section (2) of section

76 C.

76E. Powers of the Registrar to make

suitable order on completion of inquiry of

an ailing Co-operative credit society.— (1)

The Registrar, after making an inquiry

under section 76D, by an order in writing,

decide whether it is practicable for the

ailing credit co-operative society to achieve

the financial parameters as contained in

sub-section (2) of section 76C within

reasonable time frame. The Registrar shall,

subject to such restrictions or conditions

as may be specified in the order, give such

time to the ailing co-operative credit society

to achieve the financial parameters.

(2) If the Registrar decides under sub-

section (1) that it is not practicable for an

ailing Co-operative Society to achieve the

financial parameters as contained in sub-

section 2 of section 76C, within a

reasonable time and that it is necessary or

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expedient in the public interest to adopt

all or any of the measures specified in

section 76E in relation to the said ailing

co-operative credit society, he may, as soon

as may be, by order in writing, direct any

of his subordinate officer under whose

jurisdiction the society is functioning or

apex society specified in the order to

prepare such scheme as may be specified

in the order providing for measures in

relation to such ailing co-operative credit

society.

(3) The Registrar may,— (a) if order made

under sub-section (2) is not complied with

by the ailing co-operative credit society

concerned; or

(b) if the ailing co-operative credit society

fails to revive in pursuance of the said order,

pass a fresh order in respect of such ailing

co-operative credit society.

(4) An appeal shall lie to the Secretary

(Cooperation) to the Government upon any

such order passed by the Registrar under

section 76 D or section 76 E within a period

of 30 days from the date of such order.

76F. Preparation and sanction of

schemes.— Where an order is made under

sub-section (3) of section 76D in relation to

any ailing co-operative credit society, the

subordinate

officer

under

whose

jurisdiction the society is functioning or

Apex society specified in the order shall

prepare as expeditiously as possible and

ordinarily within a period of sixty days from

the date of such order, a scheme in terms

of said order with respect to such ailing

co-operative credit society.

76G. Reference to the Government by the

Registrar.— The Registrar shall make an

annual report to the Government of ailing

co-operative credit societies with particular

reference

their

activities

and

suggestions, if any, for the strengthening

of such ailing co-operative credit

societies.”.

24. Amendment of section 79.— For

section 79 of the principal Act, the

following section shall be substituted,

namely:—

“79. Action on special audit or inquiry

report or inspection report.— On

communication of a special audit report

under sub-section (5) of section 76 or an

enquiry or inspection report under sub-

section (5) of section 76A or an inquiry

report under sub-section (5) of section

77 to the persons concerned, the

Registrar may, where the special audit

or inquiry report or inspection report

reveals mismanagement on the part of

any or all of the office bearers or

directors, without prejudice to any civil

or criminal proceedings to which they

may be liable, direct the board to

convene a general meeting within such

reasonable time as he may specify so as

to enable him to bring to the notice of

the general meeting, either directly or

through his nominee, the findings of the

special audit or inquiry report or

inspection report, for necessary action.”.

25. Amendment of section 82.— In section

82 of the principal Act,—

(i) in sub-section (2),—

(a) for the expression “The Registrar

or the person authorized by him”, the

expression “The Registrar or Registrar’s

Nominee or the person authorized by the

Registrar” shall be substituted;

(b) in the proviso, for the expression

“The Registrar shall not pass”, the

expression “The Registrar or Registrar’s

Nominee shall not pass” shall be

substituted.

following provisos shall be inserted,

namely:-

“Provided further that the Registrar

or Registrar’s nominee shall not pass any

order of recovery under this section

unless the person against whom any

such order is passed is given an

opportunity of being heard;

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Provided also that where any matter

is referred for decision to the Registrar’s

nominee or the person authorized by

him, the Registrar may, at any time,

withdraw such matter from such

nominee or person authorized by him

and may decide the matter himself, or

refer it again, for decision to any other

nominee or person to be authorized by

him.”.

26. Amendment of section 83.— In section

83 of the principal Act,—

(i) after sub-section (4), the following

sub-section shall be inserted, namely:-

“(5) Where the Registrar is satisfied

that, any person against whom the order

has been passed under this section has

failed to comply with the directions, he

may impose a penalty of two hundred

and fifty rupees for each day of delay,

however, the total amount of such penalty

shall not exceed fifty thousand rupees.”;

(ii) in the Explanation 1, for the

expression “under the provisions of sub-

section (1)”, the expression “under the

provisions of sub-section (2)” shall be

substituted.

27. Amendment of section 86.— In section

86 of the principal Act, for sub-section (3),

the following sub-section shall be substituted,

namely:—

“(3) Notwithstanding anything contained

in section 83, the Registrar may,—

(a)

thinks

fit,

suspend

proceedings in regard to any dispute, if

the question at issue between a society

and a claimant or between different

claimants, is one involving complicated

questions of law and fact, until the

question has been tried by a regular suit

instituted by one of the parties or by the

society. If any such suit is not instituted

within two months from the date of

the Registrar’s order suspending

proceedings, the Registrar shall take

action as is provided in sub-section (1).

(b) on requisition from the society, and

with the approval of the Government and

subject to such conditions as he may

think fit to impose, appoint any

empanelled Registrar’s Nominee to

decide the matter. After being satisfied

that the matter referred to him or

brought to his notice is a dispute within

the meaning of section 83, shall subject

to the rules, decide the dispute.

by notification in the Official Gazette and

subject to such conditions as it may

think fit to impose, appoint a retired

officer not below the rank of Assistant

Registrar of Co-operative Societies

having working experience of at least

five years, to decide the disputes as

specified under section 83 of this Act and

to exercise such powers as specified in

the notification. The Officer so appointed

shall work under the general guidance,

supervision and control of the Registrar.”.

28. Amendment of section 91C.— In section

91C of the principal Act,—

(i) the word “resource”, shall be omitted;

(ii) after sub-section (3), the following

sub-section (4) shall be inserted, namely:—

“(4) The Collector shall exercise

powers as vested under the Goa Land

Revenue Code, 1968 (Act 9 of 1969) or

any law for the time being in force, until

the arrears due to the concerned society,

together with interest and any incidental

charges incurred in the recovery of such

arrears, are paid, or security for payment

of such arrears is furnished to the

satisfaction of the Registrar.”.

29. Amendment of section 91D.— In section

91D of the principal Act, in sub-section (1),

for the expression “an officer of a Federal

Institution duly empowered by him in this

behalf,” the expression “an officer of a Federal

Institution or Chief Executive as defined under

clause (9) of section 2, duly empowered by

him by special order,” shall be substituted.

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30. Insertion of new sections 104A.— After

section 104 of the principal Act, the following

section shall be inserted, namely:-

“104A. Conversion of Co-partnership Co-

operative Housing Society.— (1) All the

existing co-partnership Co-operative

housing Societies shall be converted as co-

ownership co-operative housing societies

and shall be governed accordingly.

(2) All such co-partnership co-operative

housing societies being converted to co-

ownership co-operative housing society in

view of sub-section (1) above, shall adopt

the relevant byelaws of the Co-ownership

co-operative housing society, within a

period of 30 days from the date of coming

into force of the Goa Co-operative Societies

(Amendment) Act, 2021:

Provided that, until such co-operative

housing society adopts the bye laws of co-

ownership co-operative housing society,

such co-operative society shall be governed

by existing bye laws.

(3) After conversion under sub-section

(1) the rights of the co-partnership Co-

operative housing societies shall stands

transferred, along with encumbrances and

liabilities, to the members of the Co-

ownership co-operative housing society

according to their proportionate shares.”.

104B. Enforcement of transfer of title.—

(1) Any existing member of such co-

operative housing society converted under

sub-section (1) of section 104A, may

produce the agreement for sale executed

with the promoter or the builder alongwith

the document of subsequent sale, if any, or

a share certificate issued by such

cooperative

housing

society

for

authentication by the Registrar.

(2) The Registrar, on receiving such

application, within reasonable time and in

any case not later than 6 months after

making

such

enquiry

deemed

necessary, may authenticate either the sale

agreement or share certificate and send a

copy of such authentication certificate

online to the registration officer appointed

under the Registration Act, 1908.

Explanation 1: The Registrar shall do a

limited inquiry to confirm the authenticity

of the sale agreement or share certificate

and in case of registered sale agreement

only the fact of registration to be confirmed.

Explanation 2: Any dispute relating to

title shall be dealt by the competent civil

court.

(3) After the authentication by the

Registrar, the document to be any member

of such cooperative society shall present

the document before the registration officer

appointed under the Registration Act, 1908,

for registration as a document under the

relevant provision of the Registration Act,

1908.”.

31. Amendment of section 111.— In section

111 of the principal Act, after sub section (2),

the following sub-section shall be inserted,

namely:-

“(3) Notwithstanding anything contained

in any other law for time being in force, no

complaint or dispute from any defaulting

member shall be entertained until the

default is made good.”.

32. Insertion of new section 113A.— After

section 113 of the principal Act, the following

section shall be inserted, namely:-

“113A.

Constitution

Panel

Reconciliators.— (1) The Registrar shall with

prior approval of the Government,

constitute a panel of Reconciliators from

amongst the persons having experience in

the field of law, banking, management,

finance, accounts, audit, human resource

or specialization in any other field relating

to the objects and activities undertaken by

the Co-operative Societies, and having their

office address within the State of Goa.

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(2) Every Co-operative housing society

having more than five members shall

appoint in its General Body meeting a

Reconciliator

from

the

Panel

Reconciliators constituted under sub-

section (1).

(3) Any dispute or difference of opinion

arising amongst the members or any non

compliance or delay in compliance affecting

the members/society shall be referred to

such Reconciliator for decision.

(4) The Reconciliator shall hear the

matter referred to him under sub-section

(3).

(5) The Reconciliator shall after giving

an opportunity of being heard to all the

affected parties, pass an award which shall

be binding on all the parties to the dispute.

(6) The Reconciliator shall complete

reconciliation proceedings as early as

possible, within a period of three months.

(7) Person aggrieved with the decision

of the Reconciliator may prefer appeal to

such authority as prescribed.

(8) The Reconciliator shall keep all the

records of the proceedings which shall

form part of the records of the society.

(9) Co-operative housing society or

member of such society or any person

affected by such society or managing

committee shall not approach the Registrar

or any judicial forum without exhausting

the remedy before the Reconciliator or the

failure is reported by the Reconciliator to

the board”.

(10) The fee of the Reconciliator shall be

such as may be notified by the Registrar

with prior approval of the Government and

the same shall be paid equally by the

parties to dispute or as may be ordered in

the order for costs subject to maximum

limits as notified.

33. Amendment of section 118.— In section

118 of the principal Act, after clause (g), the

following clause shall be inserted, namely:-

“(h) Board or employee or any officer of

co-operative societies fails to obey the

direction or instructions issued by the

Registrar in accordance with the Act.”.

34. Amendment of section 120.— In section

120 of the principal Act,

(i) in sub-section (3), for the expression

“concerned,”, the figure “ : ” shall be

substituted;

(ii) after sub-section (3), the following

provisos shall be inserted, namely:-

“Provided that the Registrar may

appoint an authority competent to

compound any offence under the

provisions of this Act.

Provided further that no prosecution

shall be carried out against any offender

under the provisions of this Act where

such offence is compounded by

imposition

penalty

such

compounding authority appointed by the

Registrar, on payment of such sum as

provided under the provisions of this Act

or as may be provided under section 119

of this Act to the Government, however,

such sum shall not, in any case, exceed

the maximum amount of the penalty

prescribed.”.

35. Amendment of section 122.— In section

122 of the principal Act, in sub-section (1),

for the expression “all sums due from a

society or from an office bearer”, the

expression “all sums and penalties due from

directors or an office bearer” shall be

substituted.

36. Amendment of section 123B.— In

section 123B of the principle Act, sub-section

(2) shall be omitted.

Secretariat,

CHOKHA RAM GARG

Porvorim, Goa.

Secretary to the

Dated: 19-10-2021.

Government of Goa

Law Department

(Legal Affairs).

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Department of Law & Judiciary

Law (Establishment) Division

Notification

14/16/2019-LD(Estt.)/2133

The following Notifications No. P1604/2021

dated 01-10-2021 which have been issued by

the High Court of Judicature at Bombay,

Appellate Side, is hereby published for

general information of the public.

By order and in the name of the Governor

of Goa.

Amir Y. Parab, Under Secretary, Law (Estt.).

Porvorim, 13th October, 2021.

________

THE HIGH COURT OF JUDICATURE AT

BOMBAY

APPELLATE SIDE

[For insertion in the Goa Government

Gazette Part IV-C]

Notification

P. 1604/2021

In exercise of the powers conferred under

Article 227 and 235 of the Constitution of

India, the Hon’ble the Chief Justice and the

Judges of the Bombay High Court are hereby

pleased to direct that the following

amendments be made in Chapter XVI, Para

16 and Chapter XXI Para 10 of the Criminal

Manual.

(I)

In Chapter XVI, Para 16, Substitute words

“Superior quality A4 size white paper having

not less than 75 GSM with printing on both

sides of the paper with Font – Times New

Roman or Georgia, Font size 14 with inner

margin of 5 cms. and outer margin 3 cms.”

in place of words “foolscap size.”

(II)

In Chapter XXI, Para 10, Substitute words

“Superior quality A4 size white paper having

not less than 75 GSM with printing on both

sides of the paper with Font – Times New

Roman or Georgia, Font size 14 with inner

margin of 5 cms. and outer margin 3 cms.”

in place of words “on substantial paper and

on the outer three quarters margin only of

sheets of foolscap paper, the inner one-

quarter margin of every sheet being left

blank.”

High Court of

MAHENDRA W. CHANDWANI

Judicature

REGISTRAR GENERAL

at Bombay

Dated: 1st October, 2021.

–––––––

Notification

P. 1604/2021

In exercise of the powers conferred under

Article 227 and 235 of the Constitution of

India, the Hon’ble the Chief Justice and the

Judges of the Bombay High Court are hereby

pleased to direct that the following

amendments be made in Chapter VIII, Para

137; Chapter XI, Para 268, Chapter XXII, Para

459 clause (iv), Chapter XXVII, Para 521,

clause Nos. (b), (c), (e) and (g) Chapter XXIX,

Para 559 (11) & Para 559 (21), Chapter XXXII,

Para 635 Rule(6), Chapter XXXII, Para 635

Proforma of Registers (Rules 7) and Chapter

XLIII, Para 769 of the Civil Manual.

(I)

In Chapter VIII, Para 137, Substitute words

“Superior quality A4 size white paper having

not less than 75 GSM with printing on both

sides of the paper with Font – Times New

Roman or Georgia, Font size 14 with inner

margin of 5 cms. and outer margin 3 cms.”

in place of words “durable paper of foolscap

size.”

In Chapter VIII, Para 137 the word

“carbon” in second last line be deleted.

(II)

In Chapter XI, Para 268, Substitute words

“Superior quality A4 size white paper having

not less than 75 GSM with printing on both

sides of the paper with Font – Times New

Roman or Georgia, Font size 14 with inner

margin of 5 cms. and outer margin 3 cms.

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with mirror image on the back side of page.”

in place of words “foolscap paper leaving one

quarter margin of the sheet blank.”

(III)

In Chapter XXII, Para 459, clause (iv),

Substitute words “Superior quality A4 size

white paper having not less than 75 GSM” in

place of words “foolscap sheet”.

(IV)

In Chapter XXVII, Para 521, clause (b),

Substitute words “Superior quality A4 size

white paper having not less than 75 GSM” in

place of words “foolscap size”.

In Chapter XXVII, Para 521, clause (c),

Substitute words “Superior quality A4 size

white paper having not less than 75 GSM” in

place of words “foolscap size”.

In Chapter XXVII, Para 521, clause (e),

Substitute words “Superior quality A4 size

white paper having not less than 75 GSM” in

place of words “foolscap size”.

In Chapter XXVII, Para 521, clause (g),

Substitute words “Superior quality A4 size

white paper having not less than 75 GSM” in

place of words “foolscap size”.

(V)

In Chapter XXIX, Para 559 (11), Substitute

words, “Superior quality A4 size white paper

having not less than 75 GSM” in place of

words “good paper”.

In Chapter XXIX, Para 559 (21), Substitute

words, “Superior quality A4 size white paper

having not less than 75 GSM with printing

on both sides of the paper with Font – Times

New Roman or Georgia, Font size 14 with

inner margin of 5 cms. and outer margin 3

cms.” in place of words “stout paper, and on

the outer three quarter margin only if sheets

of foolscap paper, the inner one quarter

margin of every sheet being left blank”.

(VI)

In Chapter XXXII, Para 635, in Rule 6,

Substitute words “Superior quality A4 size

white paper having not less than 75 GSM” in

place of words “size of foolscap paper”.

(VII)

In Chapter XXXII, Para 635, in Rule 7

(Proforma of Register), Substitute words

“Superior quality A4 size white paper having

not less than 75 GSM” in place of words

“foolscap”.

(VIII)

In Chapter XLIII, Para 769, Substitute

words “Superior quality A4 size white paper

having not less than 75 GSM with printing

on both sides of the paper with Font–Times

New Roman or Georgia, Font size 14 with

inner margin of 5 cms. and outer margin

3 cms.” in place of words “foolscap paper of

good quality, leaving at least one-fourth

margin blank. Both sides of the paper may

be used,”.

In Chapter XLIII, Para 769, Substitute word

“for” in place of word “of”.

High Court of

MAHENDRA W. CHANDWANI

Judicature

REGISTRAR GENERAL

at Bombay

Dated: 1st October, 2021.

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