Wednesday, 8 April 2015

THE PUNJAB LIVESTOCK ASSOCIATIONS AND LIVESTOCK ASSOCIATIONS UNION (REGISTRATION AND CONTROL) ORDINANCE, 1979

(V of 1979)
CONTENTS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
REGISTRATION OF ASSOCIATIONS
3. Registration of association
4. Incorporation of association
5. Certificate of registration
6. Amendment in the bye-laws of the association
CHAPTER III
RIGHTS AND LIABILITIES
OF MEMBERS
7. Membership
8. Liability of members
9. Right of vote
10. Disqualification
CHAPTER IV
MANAGEMENT OF THE AFFAIRS
OF ASSOCIATIONS
11. Executive authority
12. Maintenance of accounts
13. Suspension and dissolution of committee
14. Cancellation of registration
15. Powers of registration authority
CHAPTER V
DISPUTES
16. Disputes
CHAPTER VI
REGISTRATION OF UNIONS
17. Registration of unions
CHAPTER VII
RULES
18. Rules
19. Recovery as arrears of land revenue
TEXT
1THE PUNJAB LIVESTOCK ASSOCIATIONS AND LIVESTOCK ASSOCIATIONS UNION
(REGISTRATION AND CONTROL) ORDINANCE, 1979
(V of 1979)1
[25th April, 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
Punjab is pleased to make and promulgate the following Ordinance:-
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 Punjab.
(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 Punjab;
(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.
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
(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[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;
2 Added by the Punjab Livestock Associations and Livestock Associations union (Registration and control)
(Amendment) Ordinance, 1984 (XXI of 1984).
(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[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 authorized
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.
3 Added by the Punjab Livestock Associations and Livestock Associations union(Registration and control)
(Amendment) Ordinance, 1984 (XXI of 1984).

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