Co-Operative Societies - Preliminary (Ss 1-2)

Link to law: http://www.elaws.gov.bw/desplaylrpage1.php?id=668

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ARRANGEMENT

OF SECTIONS

PART

I
Preliminary

SECTION



1. Short title

2. Interpretation



PART

II
Commissioner for Co-operative Development

3. Powers of the

Minister to foster and encourage co-operative development

4. Appointment of

Commissioner

5. Duties of

Commissioner

6. Register of

co-operative societies

7. Form of register



PART

III
Registration

8. Societies which may

be registered

9. Statement of

co-operative principles

10. Application for

registration

11. Name of society

12. Compulsory

bye-laws

13. Requirements

before registration

14. Power to request

additional information

15. Registration

16. Refusal of

registration

17. Provisional

registration



PART

IV
Rights and Duties of Societies

18. Societies to be

bodies corporate

19. Registered address

20. Amendment by

bye-laws

21. Copy of Act and

bye-laws to be open to inspection

22. Register of

members and officers

23. Effect and proof

of entry in books of a society

24. Disposal of

produce to or through society

25. Charge and set-off

extended to shares and interest in capital

26. Shares and other

interests not liable to attachment

27. Transfer of

interest on death



PART

V
Rights and Liabilities of Members

28. Definition of

member

29. Qualifications for

membership

30. Minor's contracts

with societies

31. Members not to

exercise rights till payment made

32. Maximum size of

share holding

33. Restrictions on

membership in a society

34. Voting

35. Restrictions on

transfer of shares

36. Liability of past

members or estate of deceased members

37. Withdrawal from

membership

38. Removal of persons

ceasing to qualify for membership

39. Expulsion

40. Nominations



PART

VI
Management and Administration

41. General meetings

42. Provisional

committee

43. First general

meeting

44. Annual General

Meeting

45. Business at an

Annual General Meeting

46. Special General

Meeting

47. Notice of general

meeting

48. Proceedings at

general meeting

49. Committee of

management

50. Election of

committee

51. Qualification for

election to the committee

52. Disqualification

53. Removal from the

committee by the general meeting

54. Duties of the

committee

55. Authentication of

documents

56. Validity of acts

of the committee

57. Delegation by the

committee

58. Proceedings of the

committee

59. Duty of care of

the committee

60. Payments to

officers

61. Election of

chairman, secretary and treasurer

62. Duties of chairman

63. Duties of

secretary

64. Duties of

treasurer

65. Duties of manager

66. Optional power to

appoint a supervisory board



PART

VII
Property and Funds

67. Creation of funds

and sources of capital

68. Loans made by

societies

69. Deposits and loans

70. Investment of

funds

71. Restriction on

capital expenditure

72. Statutory Reserve

Fund

73. Distribution of

net surplus

74. Commissioner's

consent to payment



PART

VIII
Accounts and Audit

75. Duty to keep

accounting records

76. Records to be kept

at the registered address

77. Accounting

reference date

78. First accounting

reference period

79. Duty of committee

to prepare profit and loss account and balance sheet

80. Report by the

committee

81. Annual accounts to

be laid before the Annual General Meeting

82. Annual accounts to

be lodged with the Commissioner

83. Audit

84. Nomination of

external auditor

85. Fee of external

auditor

86. Appointment of

qualified head of audit section

87. Delegation of

audit function to secondary society

88. Audit reports to

members, committee and Commissioner

89. Co-operative

Central Fund to replace Audit and Supervision Fund



PART

IX
Amalgamation and Division

90. Amalgamation of

societies

91. Division of a

society



PART

X
Disputes

92. Settlement of

disputes

93. Case stated on

question of law



PART

XI
Liquidation

94. Liquidation

95. Liquidation due to

lack of membership

96. Appointment of

liquidator

97. Liquidator's

powers

98. Power of

Commissioner to control liquidation

99. Appeal against

orders

100. Limitation of the

jurisdiction of a civil court

101. Closure of

liquidation

102. Cancellation of

registration



PART

XII
Powers of the Commissioner

103. Power to supply

assistance

104. Commissioner may

convene meetings

105. Miscellaneous

powers of the Commissioner

106. Commissioner may

attend meetings

107. Inspection of

society

108. Discussion of

inspection report

109. Investigation of

a society

110. Restoration of

misapplied property

111. Appointment of

special officer

112. Appointment of

special members

113. Removal of the

committee by the Minister



PART

XIII
General

114. Power of the

Minister to make regulations

115. Power of the

Minister to amend Schedules 2 and 3

116. Prohibition of

the use of "co-operative" or "tshwaragano"

117. Use of Setswana

at Commissioner's discretion

118. Enforcement of

duty to make return

119. Notice of

intention to sue society

120. Offences

121. Recovery of a

society's property

122. Default penalty

and default fine

123. Exemption from

liability for acts or omissions of Government officers

124. Companies Act not

to apply

125. Savings



Schedule 1 - Compulsory Bye-laws

Schedule 2 - Proceedings at General Meetings

Schedule 3 - Disputes Procedure



Act 5, 1989.



[Date of

Commencement: 12th May, 1989]










Part:I Preliminary (ss 1-2)




[Ch4204s1]1. Short title

This

Act may be cited as the Co-operative Societies Act.

[Ch4204s2]2. Interpretation

In

this Act unless the context otherwise requires-

"accounting

reference date" has the meaning given to it by section 77;

"accounting

reference period" has the meaning given to it by section 78;

"bonus"

means the share in the net surplus of a society divided amongst its members in

accordance with section 73 subsection (5);

"bye-laws"

means the registered bye-laws made by a society in exercise of any power conferred

by this Act, and includes a registered amendment of the bye-laws;

"Commissioner"

means the Commissioner for Co-operative Development appointed under section 4

and includes any person on whom any or all the powers of the Commissioner have

been conferred in accordance with this Act;

"committee"

means the committee of management of a society;

"Co-operative

Central Fund" means the Fund established under section 89;

"dividend"

means a share of the net surplus of a society divided amongst its members in proportion

to the share capital held by them;

"honorarium"

means a share in the net surplus of a society divided amongst some or all of

the members of the committee, chairman, the secretary or the treasurer in

consideration of their services which would not otherwise be remunerated;

"legal

personal representative" in relation to a person who is dead means the

person who in law or in customary law, whichever may be applicable, represents

the estate of that person;

"officer"

means the chairman, vice-chairman, secretary, treasurer, members of the

committee or of any supervisory board or manager of a society and includes any

employee or other person empowered under this Act, any regulations or the

bye-laws of a society to give directions in regard to the business of a society

or to supervise such business;

"primary

society" means a society whose membership is restricted to

individuals;

"producers

society" means a society one of whose objects is the provision of paid

work for its members;

"school

society" means a society whose membership is restricted to the pupils

and staff of a school;

"secondary

society" means a society whose membership is restricted to societies

registered under this Act; such societies may be primary societies or secondary

societies or both;

"society"

means a co-operative society registered in terms of this Act;

"society

with limited liability" means a society in which the liability of its

members is limited by its bye-laws to-

(a) the amount unpaid on the shares held by

them; or

(b) such amount as they may undertake to

contribute to the assets of the society in the event of its being liquidated;

"society

with unlimited liability" means a society the members of which are

jointly and severally liable-

(a) for all its obligations; and

(b) to contribute to any deficit in its assets

in the event of its liquidation;

"special

resolution" means a resolution passed by a majority of not less than

three-fourths of the members present and voting at a general meeting of which

due notice has been given of the intention to propose the resolution as a

special resolution and at which not less than one-half of the total membership

is present.