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Bar News Acts League

The National Rural Employment Guarantee Act, 1983

Act ID: 1983

The National Rural Employment Guarantee Act, 1983

"An Act to provide for employment guarantee to landless persons in rural areas. Replaced by MGNREGA."

Table of Contents

195 Sections

Ch. IP

reliminary

S.1Short title and commencement S.2Definitions

Ch. IIR

egistration

S.3The Registrar S.4Societies which may be registered S.5Change of liability S.6Conditions of registration S.7Power of Registrar to decide certain questions S.8Application for registration S.9Registration S.10Evidence of registration S.11Amendment of the bye-laws of registered society S.12Section 12 S.13Division and amalgamation of societies S.14Power to direct amalgamation in public interest, etc S.15Transfer of assets and liabilities among registered societies S.16Classification and categorisation S.17Conversion S.18Joint business S.19Co-operative Unions S.20Registered societies to be members of Co-operative Unions S.20A[ Co-operative education and training. [Inserted by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.]

Ch. IIIQ

ualifications of Members and their Rights and Liabilities

S.21Qualifications for membership of society S.22Admission of associate members S.23Disqualifications for membership of society S.24Right of members to the services by registered society and application for redress S.25Expulsion S.26Votes of members S.27Inspection of accounts by member S.28Restrictions on transfer of share or interest S.29Restrictions on withdrawal of share or interest by members of registered societies S.30Transfer of share or interest on death of member S.31Liability of past member or of the estate of a deceased member

Ch. IVMa

nagement of Registered Societies

S.32General meetings S.33Constitution and meetings of the board S.33A[ Tamil Nadu State Co-operative Societies Election Commission. [Inserted by Act No. 38 of 2012, dated 14.11.2012. w.e.f. 6.10.2012.]S.34Disqualifications for membership of board S.35Members of the board not to hold certain financial interests S.36Disqualification and removal S.36A[ Qualifications and disqualifications for co-option of members to board. [Added by Tamil Nadu Act 19 of 1992, w.e.f. 11th May 1992.]

Ch. VDu

ties and Privileges of Registered Societies

S.37Address of Societies S.38Copy of Act, rules and by-laws to be open to inspection S.39Societies to be bodies corporate S.40first charge of society S.41Charge of immovable property of members borrowing loans from certain registered societies S.42Charge and set off in respect of shares or interest of member S.43Financing bank not to have a claim on certain sums of money S.44Shares, interest, etc., not liable to attachment S.45Reserve fund and bad debt reserve not liable to attachment S.46Register of members S.47Proof of entries in societies' books S.48Deduction from salary, wages or gratuity S.49Exemption from compulsory registration of the instruments relating to shares and debentures of registered society S.50Recovery of moneys due to registered society as arrears of land revenue S.51Powers to exempt from stamp duty and registration fee

Ch. VIS

tate Aid to Registered Societies

S.52Investment by Government in registered societies S.53Provision of funds by Government to apex society S.54Partnership of Government with apex society S.55Subsidiary State Partnership Fund S.56Approval of Government for purchase of shares S.57Liability to be limited in respect of certain shares S.58Restrictions on amount of dividend S.59Indemnity of apex and central societies S.60Disposal of share capital and dividend, etc S.61Disposal of Principal State Partnership Fund and Subsidiary State Partnership Fund on winding-up of an Apex or central society S.62Principal State Partnership Fund and Subsidiary State Partnership Fund not to form part of assets S.63Agreement by Government and apex society S.64Other forms of State aid to registered societies S.65Provisions of this Chapter to override other laws

Ch. VIIP

roperty and Funds of Registered Societies

S.66Restrictions on loans S.67Restrictions on borrowings S.68Investment of funds S.69Funds not to be divided among members S.70Expenditure from funds S.71Properties not to be misused S.72Disposal of net profits

Ch. VIIIP

aid Officers and Servants of Society

S.73Appointment of paid officers and servants of registered society and their conditions of service S.74Recruitment Bureaus S.75Constitution of common cadre of service S.76Suspension of a paid officer or servant of society S.77Removal of paid officer or servant of society S.78Provident Fund S.79Gratuity Fund

Ch. IXA

udit, Inquiry, Inspection and Investigation, Surcharge and Supersession

S.80Audit S.81Inquiry S.82Inspection and investigation S.83Inspection of books by financing bank S.84Maintenance of accounts and books by registered society S.84A[ Returns to be filed to the Registrar. [Substituted by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.]S.85Costs of inquiry and inspection, etc S.86Registered society to pay certain expenses S.87Surcharge S.88Supersession of board S.89Appointment of [Administrator] [Substituted for 'Special Officer' by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 23.2.2013.] in certain circumstances S.89ASection 89A

Ch. XS

ettlement of Disputes

Ch. XIIn

sured Co-Operative Banks

S.91Order for winding-up, division, amalgamation, etc., of insured co-operative bank not to be made without sanction of Reserve Bank of India

Ch. XIIJ

oint Farming Societies

S.92Application of Chapter S.93Definitions S.94Admission of members S.95Creation of charge in favour of joint fanning society by a member S.96Agreement between the joint farming society and its members in respect of lands S.97Vesting of lands in joint fanning society and registration of agreement S.98Prohibition against withdrawal of lands during the period of agreement S.99Disposal of lands after the expiry of the agreement S.100Principles and method of determining compensation for land acquired under section 99 S.101Payment of compensation S.102Restriction on the acquisition of land under the Land Acquisition Act, 1894, for joint farming societies

Ch. XIIILif

t Irrigation Societies

S.103Application of Chapter S.104Definitions S.105Declaration by members of a lift irrigation society S.106Agreement regarding period of membership, sharing of expenditure, etc S.107Prohibition against withdrawal of membership S.108Regulation of supply of water S.109Admission of transfers of land and heirs, etc., as members S.110Concessions and facilities for the small farmers' lift irrigation society

Ch. XIV

[Agriculture and Rural] [Substituted by Section 5 of the Tamil Nadu Co-operative Societies (Amendment) Act, 1999 (Tamil Nadu Act 50 of 1999) which came into force on the 15th December 1999.] Development Banks

S.111Application of Chapter S.112Definitions S.113State and Primary [Agriculture and Rural] [Substituted by Section 5 of the Tamil Nadu Co-operative Societies (Amendment) Act, 1999 (Tamil Nadu Act 50 of 1999) which came into force on the 15th December 1999.] Development Banks S.114Purposes for which loans may be granted S.115Appointment of Trustee, his powers and functions S.116Issue of debentures by the board of State [Agriculture and Rural] [Substituted by section 5 of the Tamil Nadu Co-operative Societies (Amendment) Act, 1999 (Tamil Nadu Act 50 of 1999) which came into force on the 15th December 1999.] Development Bank S.117Discontinuance or modification of guarantee by Government S.118Recovery of moneys due to Primary [Agriculture and Rural] [Substituted by section 5 of the Tamil Nadu Co-operative Societies (Amendment) Act, 1999 (Tamil Nadu Act 50 of 1999) which came into force on the 15th December 1999.] Development Banks by distraint and sale of produce S.119Power of sale without the intervention of Court S.120Recovery of moneys due to [Agriculture and Rural] [Substituted by section 5 of the Tamil Nadu Co-operative Societies (Amendment) Act, 1999 (Tamil Nadu Act 50 of 1999) which came into force on the 15th December 1999.] Development Banks as arrears of land revenue S.121Mortgages executed in favour of Primary [Agriculture and Rural] [Substituted by section 5 of the Tamil Nadu Co-operative Societies (Amendment) Act, 1999 (Tamil Nadu Act 50 of 1999) which came into force on the 15th December 1999.] Development Banks, etc., to stand vested in State [Agriculture and Rural] [Substituted by section 5 of the Tamil Nadu Co-operative Societies (Amendment) Act, 1999 (Tamil Nadu Act 50 of 1999) which came into force on the 15th December 1999.] Development Bank S.122Powers of Primary [Agriculture and Rural] [Substituted by section 5 of the Tamil Nadu Co-operative Societies (Amendment) Act, 1999 (Tamil Nadu Act 50 of 1999) which came into force on the 15th December 1999.] Development Bank where mortgaged property is wholly or partially destroyed or the security rendered is insufficient S.123Power of board of the State [Agriculture and Rural] [Substituted by section 5 of the Tamil Nadu Co-operative Societies (Amendment) Act, 1999 (Tamil Nadu Act 50 of 1999) which came into force on the 15th December 1999.] Development Bank or Trustee to give directions to Primary [Agriculture and Rural] [Substituted by section 5 of the Tamil Nadu Co-operative Societies (Amendment) Act, 1999 (Tamil Nadu Act 50 of 1999) which came into force on the 15th December 1999.] Development Bank for taking action for recovery of moneys due, etc S.124Mortgagor's power to lease S.124A[ Prohibition of transfer of the property mortgaged by the mortgagor. [Inserted by the Tamil Nadu Co-operative Societies (Amendment) Act, 1999 (Tamil Nadu Act 50 of 1999) which came into force on the 15th December 1999.]S.125Mortgage not to be questioned on insolvency of mortgagor S.126Priority of mortgage over other claims S.127Verification of encumbrances S.128Right of Primary [Agriculture and Rural] [Substituted by section 5 of the Tamil Nadu Co-operative Societies (Amendment) Act, 1999 (Tamil Nadu Act 50 of 1999) which came into force on the 15th December 1999.] Development Bank to pay prior debts of mortgagor S.129Power to summon witnesses and requisition of documents S.130Registration of documents executed on behalf of a Primary [Agriculture and Rural] [Substituted by section 5 of the Tamil Nadu Co-operative Societies (Amendment) Act, 1999 (Tamil Nadu Act 50 of 1999) which came into force on the 15th December 1999.] Development Bank or of the State [Agriculture and Rural] [Substituted by section 5 of the Tamil Nadu Co-operative Societies (Amendment) Act, 1999 (Tamil Nadu Act 50 of 1999) which came into force on the 15th December 1999.] Development Bank S.131Power of Primary [Agriculture and Rural] [Substituted by section 5 of the Tamil Nadu Co-operative Societies (Amendment) Act, 1999 (Tamil Nadu Act 50 of 1999) which came into force on the 15th December 1999.] Development Bank to receive moneys and grant valid discharges notwithstanding assignment of mortgage deeds to the State [Agriculture and Rural] [Substituted by section 5 of the Tamil Nadu Co-operative Societies (Amendment) Act, 1999 (Tamil Nadu Act 50 of 1999) which came into force on the 15th December 1999.] Development Bank S.132Special provisions for mortgages executed by managers of joint Hindu families, karnavans of Marumakkattayam tarwards or tavazhis or of Nambudri Illoms, etc S.133Proof of documents and of entries therein S.134Service of notice S.135Power to make regulations S.136The provisions of this Chapter to override other provisions S.136AApplication of Chapter S.136BProvisions of this Chapter to have overriding effect S.136CDefinitions S.136DSpecial provisions applicable to short-term co-operative credit structure societies

Ch. XVW

inding-up and Cancellation of Registration of Registered Societies

S.137Winding-up of registered societies S.138Liquidator S.139Powers of Liquidator S.140Cancellation of registration S.141Bar of legal proceedings S.142Restoration of society ordered to be wound up

Ch. XVIE

xecution of Decrees, Decisions, Awards and Orders

S.143Power of the Registrar to recover certain sums by attachment and sale of property S.144Recovery of debts S.145Publication of information respecting members or past or deceased members from whom any debt or outstanding demand is due to the society S.146Registrar or person empowered by him to be a Civil Court for certain purposes S.147Officers or servants of registered societies and sale officers not to bid at sales S.148Recovery of sums due to Government S.149Powers of financing bank to proceed against members of registered society S.150Powers of Registrar to issue certificate for recovery of sums due from members of registered society

Ch. XVIIA

ppeals, Revision and Review

S.151Co-operative Tribunal S.152Appeals S.153Revision S.154Review S.155Execution of orders passed in appeal, revision or review S.156Bar of jurisdiction of Civil Courts

Ch. XVIIIO

ffences and Penalties

S.157Punishment for furnishing false information or disobeying summons or other lawful order, requisition or direction S.158Punishment for acting in contravention of sections 40, 41, 95, 105, 124 or 124-A S.159Prohibition of the use of the word "co-operative" or its equivalent S.160Punishment for failure to give effect to decision, award or order S.161Punishment for misuse of properties of the society S.162[ Punishment for adopting corrupt practice in elections of members of the board or office bearers of the board. [Inserted by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.]S.163Punishment for offences not otherwise provided for S.164Cognizance of offences S.164A[ Other provisions of law not barred. [New section 164-A was inserted by the Tamil Nadu Co-operative Societies (Second Amendment) Act 2004 (T.N. Act 18 of2004) published in the Official Gazette on the 5th August 2004, the insertion has come into force on 1st September 2004.]S.165Delivery of possession of records and properties of a registered society S.166Registrar's powers to enforce performance of duties

Ch. XIXMis

cellaneous

S.167Furnishing of security and attachment of property S.168Power to exempt societies from conditions as to registration S.169Exemption of self-reliant societies S.170Power to exempt registered societies S.171Arbitrator in fixing compensation for lands acquired and Tribunal to be Civil Court S.172Delegation of powers of Government S.173Saving of existing societies S.174Acts of societies, etc., not to be invalidated by certain defects S.175Companies Act, 1956 not to apply S.176Protection of action taken in good faith S.177Construction of references to Co-operative Societies Act in enactments S.178Writing off non-recoverable assets S.179Power to amend the Schedule S.180Power to make Rules S.181Power of Registrar to give directions in the public interest, etc S.182Power of Government to give directions S.183Repeals and savings S.184Power to remove difficulties