Updated: Friday December 13, 2013/AlJumaa
Safar 10, 1435/Sukravara
Agrahayana 22, 1935, at 08:35:18 PM
[1][1]The Punjab Livestock Associations and Livestock Associations
(Pb. Ord. V of 1979)
[
An
Ordinance to provide for the registration and control of village livestock
associations and village livestock associations’ unions
Preamble.— WHEREAS it is expedient to provide for the
registration and control of livestock associations and livestock associations’
unions;
NOW,
THEREFORE, in pursuance of the Proclamation of fifth day of July, 1977, read
with the Laws (Continuance in Force) Order, 1977 (CMLA’s Order I of 1977), the
Governor of the
CHAPTER
I
PRELIMINARY
1. Short title, extent and commencement.— (1) This Ordinance may be called the Punjab
Livestock Associations and Livestock Associations Unions (Registration and
Control) Ordinance, 1979.
(2) It shall
extend, in the first instance, to the district of Sheikhupura but the
Government may by notification in the official Gazette, extend it to any other
part or the whole of the Province of the
(3) It shall come into force at once.
2. Definitions.— In this Ordinance, unless the context
otherwise requires:-
(a) ‘association’ means a livestock association
constituted and registered under this Ordinance;
(b) ‘Board’ means the Board established under the
Punjab Livestock, Dairy and Poultry Development Board Act, 1974 (Act No. III of
1974);
(c) ‘bye-laws’ means the bye-laws of an
association or union;
(d) ‘committee’ means the governing body of an
association or a union to whom the management of the affairs of an association
or a union is entrusted by or under the bye-laws;
(e) ‘Government’ means the Government of the
(f) ‘prescribed’ means
prescribed by rules made under this Ordinance;
(g) ‘union’ means a union of livestock
associations constituted and registered under this Ordinance;
(h) ‘registration authority’ means the Managing
Director of the Board or an officer appointed by Government to exercise the
powers of a registration authority under this Ordinance.
CHAPTER
II
REGISTRATION
OF ASSOCIATIONS
3. Registration
of association.— (1) Any fifty or more persons possessing such qualifications and
fulfilling such conditions as laid down in the bye-laws intending to constitute
an association may, in the prescribed manner and on payment of prescribed fee,
make an application to the registration authority for the registration of the
association.
(2) The application for registration shall
be signed by the Chairman of the governing body of the association and shall be
accompanied by a copy of the proposed bye-laws and a list of the members of the
association.
(3) If the registration authority is
satisfied that the association has complied with the provisions of this
Ordinance or the rules and that the bye-laws of the association are not
repugnant to the provisions of this Ordinance or the rules, it may register the
association.
(4) If the registration authority grants an
application it shall issue, in the prescribed form, a certificate of
registration of the association and a certified copy of its registered
bye-laws.
(5) The decision of registration authority
granting or refusing to grant registration shall be final and shall not be
called in question in any court or before any authority.
(6) The registration authority shall
maintain a register containing such particulars as may be prescribed, of all
certificates of registration issued under this Ordinance.
4. Incorporation
of association.— The registration of an association shall render it a body corporate in
the name under which it is registered with perpetual succession and a common
seal with power to hold property, enter into contracts, institute and defend
suits and other legal proceedings and to do all acts necessary for the purposes
of carrying out its functions.
5. Certificate of registration.— A certificate of registration issued to an
association under section 3 of this Ordinance shall be conclusive evidence that
the association is duly registered.
6. Amendment in the bye-laws of the
association.— (1) An
association may, by a resolution passed by three fourth majority of the members
present at a special meeting held for the purpose, propose an amendment in the
bye-laws of the association and send it to the registration authority for
approval. If the registration authority is satisfied that the proposed
amendment of bye-laws is not contrary to this Ordinance or the rules, it may
register the amendment.
(2) When registration authority registers
the amendment, it shall issue to the association a copy of the amendment
certified by it.
(3) No amendment of the bye-laws of an
association shall be valid until it is approved and registered by the
registration authority.
CHAPTER
III
RIGHTS
AND LIABILITIES OF MEMBERS
7. Membership.— The persons who join in the formation of an
association and the persons who may subsequently be admitted to the membership
of the association shall be the members of the association.
8. Liability
of members.— The liability of a member shall be limited to the extent of the share
he holds in the capital of the association.
9. Right of vote.— Notwithstanding that a member has more than
one share in the capital of the association, he shall have only one vote.
10. Disqualification.— (1) A member of an association shall not be
entitled to be elected to or to vote at an election of its committee if he has
taken a loan from the association, the Board, or, on the recommendation of the
Board or the association, from any bank or local authority or Government agency
and the loan has been outstanding for six months or more after it has become
due and has not been repaid before the date immediately preceding the day of
election.
Explanation— If the loan is repayable in installments,
default in repayment of any instalment as aforesaid, shall be deemed a
disqualification.
(2) A member shall not be entitled to
receive any service, assistance or loan from the association or any bank
through the association or the Board if he fails to maintain such livestock or
supply such products thereof as are provided in the bye-laws.
CHAPTER
IV
MANAGEMENT
OF THE AFFAIRS OF ASSOCIATIONS
11. Executive authority.— (1) The executive authority of an
association shall vest in the general body.
(2) For day to day administration of an
association, members of the association shall elect a committee consisting of
such members, for such term and in such manner as may be prescribed.
12. Maintenance of accounts.— (1) Every association shall—
(a) maintain accounts in the prescribed form and
have the same audited in accordance with its bye-laws;
(b) submit its annual audit report and audited
accounts to the registration authority at such time and in such manner as may
be prescribed;
(c) pay all money received by it into separate
accounts kept in its name at such bank or banks or post office as may be
approved by the registration authority;
(d) furnish to the registration authority such
particulars with regard to the accounts and other record as the registration
authority may, from time to time, require.
(2) The registration authority or an officer
authorised by it in this behalf may, at all reasonable times, inspect the books
of accounts and other record of an association, the securities, cash and other
properties held by the association and all documents relating thereto.
13. Suspension
and dissolution of committee.— (1) If, after making such inquiries as it may think fit,
the registration authority is of the opinion that the committee has committed
any irregularity in respect of the funds of the association or is responsible
for any mal-administration in the conduct of the affairs of the association or
has failed to comply with the provisions of this Ordinance or the rules or the
bye-laws, it may, by an order in writing, suspend the committee for such term,
not exceeding four months, as it may deem fit or dissolve the committee:
[2][2][Provided that no order under this subsection
shall be passed without giving to the Committee an opportunity of being heard.]
(2) Where a committee is suspended or
dissolved under sub-section (1) the registration authority shall appoint an
Administrator or a care-taker body consisting of such members as it may deem
fit and in that event the Administrator or the care-taker body shall have all
the authority and powers of the committee.
(3) Where the committee has been dissolved
and an Administrator or a care-taker body has been appointed, the registration
authority shall, within 30 days of the date of such appointment, arrange
re-election of the committee.
(4) Where the
committee has been suspended and the registration authority is of the opinion
that the management of the affairs of the association has been properly
secured, it shall remove the Administrator or the care-taker body and hand over
the management of the affairs of the association to the committee. If the
registration authority is of the opinion that the management of the affairs of
the association has not been or is not likely to be secured properly during the
period of suspension of the committee, it shall dissolve the committee and
arrange re-election of the committee as provided under sub-section (3) above.
14. Cancellation of registration.— (1) The registration of an association shall
not be cancelled except as hereinafter provided.
(2) Not less
than three-fourths of the members of an association may in the prescribed
manner, apply to the registration authority for making an order for the
cancellation of the registration of the association.
(3) If the registration authority, after
considering the application and making such enquiry as it may deem fit, is of
the opinion that the registration of the association ought to be cancelled, it
may order that the registration be cancelled.
15. Powers of
registration authority.— The registration authority while ordering the
cancellation of the registration of an association may—
(a) order any person, bank or body who holds any
money, securities or other assets of the association, not to part with such
money, securities and assets without the previous permission, in writing, of
the registration authority;
(b) appoint a person to wind up the affairs of the
association with power to institute and defend suits and other legal
proceedings on behalf of the association and to make such order and take such
actions as may appear to him to be necessary for the purpose;
(c) order any money, securities or assets,
remaining after satisfaction of the liabilities of the association to be paid
to the members; and
(d) order any article, vehicle, instrument or
other property provided to the association by the Board or any other Government
agency or department to be handed over to such other association as may be
specified.
CHAPTER
V
DISPUTES
16. Disputes.— (1) If any dispute touching the business of an association arises
between—
(a) members or past members of an association or
persons claiming through members or past members;
(b) members or past members or persons so claiming
and any past or present officer, agent or servant of an association;
(c) an association or its committee and any past
or present member of the association or between association or its committee
and any past or present officer, agent or servant of the association or a
surety or such officer, agent or servant; whether such surety is or is not a
member of the association;
(d) one association and another association;
(e) an association and a union;
(f) an association and the Board;
it shall be referred to the registration
authority for decision.
(2) The registration authority may hear the
dispute itself or nominate any other officer of the Board to decide the matter.
(3) Any party aggrieved by the decision of
the registration authority or his nominee, may, within thirty days of the date
of the decision, prefer an appeal to the Board. The decision of the
registration authority or his nominee, subject to the result of the appeal,
shall be final and shall not be called in question before any court or
authority:
[3][3][Provided that the appeal shall not be
decided without giving the parties an opportunity of being heard.]
(4) The decision of the registration
authority, so far as it relates to the payment of money or delivery of any
property, shall be deemed to be a decree passed by a civil court and, upon an
application to the court, be executed by such court as if it was a decree
passed by itself.
CHAPTER
VI
REGISTRATION
OF UNIONS
17. Registration of unions.— (1) Such number of associations as may be
prescribed intending to constitute a union, may, in the prescribed manner and
on payment of prescribed fee, make an application to the registration authority
for the registration of a union.
(2) The application for the registration of
a union shall be signed by a duly authorised person on behalf of every
association intending to join the union.
(3) Subject to the provisions of
sub-sections (1) and (2) above and such other rules as may be prescribed, the
provisions of sections 3 to 16, shall apply in relation to a union as if
reference in those sections to an association is a reference to a union.
CHAPTER
VII
RULES
18. Rules.— The Government may make rules for carrying into effect the provisions
of this Ordinance.
19. Recovery
as arrears of land revenue.— The Government may prescribe such loans and
advances as are granted to an association or a member by the Board, to be
recoverable as arrears of land revenue.
[1][1]This
Ordinance was promulgated by the Governor of the Punjab on 20th April, 1979;
and, published in the Punjab Gazette (Extraordinary), dated 25th April, 1979,
pages 572-A to 572-H.
[2][2]Added by the Punjab Livestock
Associations and Livestock Associations
[3][3]Added by the Punjab Livestock
Associations and Livestock Associations
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