9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of 1971,
(Cap. 64 of 1973), L.N. 16/74, 31 of 1974



CO-OPERATIVE SOCIETIES
ORDINANCE

Co-operative Societies Ordinance CAP. 64 Arrangement of Sections

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974

Page 3


CO-OPERATIVE SOCIETIES ORDINANCE
Arrangement of Sections
Section
PART I – PRELIMINARY 7
1 Short title……………………………………………………………………………………………. 7
2 Interpretation………………………………………………………………………………………. 7
PART II – REGISTRATION 8
3 Appointment of Registrar and assistant registrars ……………………………………. 8
4 Societies which may be registered …………………………………………………………. 8
5 Conditions of registration …………………………………………………………………….. 9
6 Application for registration …………………………………………………………………… 9
7 Registration ………………………………………………………………………………………… 9
8 Societies to be bodies corporate…………………………………………………………… 10
9 Evidence of registration ……………………………………………………………………… 10
PART III – DUTIES AND PRIVILEGES OF SOCIETIES 10
10 Amendment of the by-laws of a registered society …………………………………. 10
11 Address of society ……………………………………………………………………………… 11
12 Copy of Ordinance, regulation, by-laws, etc., to be open to inspection …….. 11
13 Disposal of produce to or through a registered society ……………………………. 11
14 Creation of charges in favour of registered societies ………………………………. 12
15 Charge and set off in respect of shares or interest of members ………………… 12
16 Shares or interest not liable to attachment or sale…………………………………… 12
17 Transfer of interest on death of member ……………………………………………….. 13
18 Deposits by or on behalf of minors ………………………………………………………. 13
19 Register of members ………………………………………………………………………….. 14
20 Proof of entries in books of society ……………………………………………………… 14
21 Amalgamation or transfer of societies ………………………………………………….. 14

Arrangement of Sections CAP. 64 Co-operative Societies Ordinance

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974 Page 4

22 Division of societies ……………………………………………………………………………15
PART IV – RIGHTS AND LIABILITIES OF MEMBERS 17
23 Qualification for membership ………………………………………………………………17
24 Members not to exercise rights till due payment made …………………………….17
25 Restriction of membership in society …………………………………………………….17
26 Votes of members……………………………………………………………………………….17
27 Representation by proxy………………………………………………………………………17
28 Contracts with society of members who are minors ………………………………..18
29 No individual to hold more than one-fifth of share capital of any
society ………………………………………………………………………………………………18

30 Restrictions on transfer of share or interest …………………………………………….18
31 Liability of past member and estate of deceased member for debts of
society ………………………………………………………………………………………………18

PART V – PROPERTY AND FUNDS OF REGISTERED
SOCIETIES 19
32 Loans made by a registered society……………………………………………………….19
33 Deposits and loans received by a registered society ………………………………..19
34 Restrictions on other transactions with non-members………………………………19
35 Investment of funds …………………………………………………………………………….19
36 Disposal of profits ………………………………………………………………………………20
PART VI – AUDIT, INSPECTION AND INQUIRY 20
37 Audit…………………………………………………………………………………………………20
38 Power of Registrar to inspect societies’ books, etc…………………………………..21
39 Inquiry and inspection …………………………………………………………………………21
40 Dissolution of the committee of a society ………………………………………………22
PART VII – DISSOLUTION 23
41 Dissolution ………………………………………………………………………………………..23
42 Cancellation of registration of a society due to lack of membership ………….23
43 Effect of cancellation of registration ……………………………………………………..24
44 Liquidation after cancellation of registration of society……………………………24
45 Liquidator’s powers …………………………………………………………………………….24
46 Powers of Registrar to control liquidation ……………………………………………..25
47 Enforcement of order ………………………………………………………………………….25
48 Limitation of the jurisdiction of the civil court. ………………………………………26
49 Closure of liquidation ………………………………………………………………………….26
PART VIII – SURCHARGE AND ATTACHMENT 26
50 Power of Registrar to surcharge officers, etc., of a registered society ………..26
51 Appeal to Minister………………………………………………………………………………27

Co-operative Societies Ordinance CAP. 64 Arrangement of Sections

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974

Page 5
PART IX – DISPUTES 27
52 Settlement of disputes ………………………………………………………………………… 27
53 Request Opinion of a Judge ………………………………………………………………… 28
PART X – REGULATIONS 28
54 Regulations ………………………………………………………………………………………. 28
PART XI – MISCELLANEOUS 31
55- Recovery of sums due to Government ………………………………………………….. 31
56 Special powers of Minister to exempt any society from requirements as
to registration ……………………………………………………………………………………. 31

57 Special power of Minister to exempt societies from provisions of
Ordinance …………………………………………………………………………………………. 31

58 Power to exempt from stamp duty and registration fees ………………………….. 31
59 Prohibition of the use of the word “co-operative” ………………………………….. 32
60 Punishment of fraud or misappropriation ……………………………………………… 32
61 Formation of proposed societies ………………………………………………………….. 32
62 Special members of committees of secondary societies ………………………….. 32
63 Tenure of office and powers of special members …………………………………… 33
64 Certain Ordinances not to apply (Cap. 59, Cap. 82) ……………………………….. 34
65 Penalty for non-compliance with certain provisions……………………………….. 34
66 Savings (16 of 1940) ………………………………………………………………………….. 34
Supporting Documents
ENDNOTES 35
Table of Legislation History …………………………………………………………………………….. 35
Table of Renumbered Provisions ………………………………………………………………………. 35
Table of Endnote References ……………………………………………………………………………. 35

Co-operative Societies Ordinance CAP. 64 Section 1

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974

Page 7


CO-OPERATIVE SOCIETIES ORDINANCE
9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of 1971, (Cap. 64 of 1973), L.N.
16/74, 31 of 1974
AN ORDINANCE TO PROVIDE FOR THE FORMATION AND TO
REGULATE THE OPERATIONS OF CO-OPERATIVE SOCIETIES
ENACTED BY THE PARLIAMENT OF TUVALU
Commencement [ 1st September 1952 ] PART I – PRELIMINARY
1 Short title
This Ordinance may be cited as the Co-operative Societies Ordinance.
2 Interpretation
In this Ordinance unless the context otherwise requires —
“bonus” means a share of the profits of a registered society divided
among its members in proportion to the volume of business done by them
with the society from which the profits of the society were derived;
“by-laws” means the registered by-laws made by a society in the exercise
of any power conferred by this Ordinance, and includes a registered
amendment of the by-laws;

Section 3 CAP. 64 Co-operative Societies Ordinance

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974 Page 8

“committee” means the governing body of a registered society to whom
the management of its affairs is entrusted;
“dividend” means a share of the profits of a registered society divided
among its members in proportion to the share capital held by them;
“member” includes a person or registered society joining in the
application for the registration of a society, and a person or registered
society admitted to membership after registration in accordance with the
by-laws;
“officer” includes a chairman, secretary, treasurer, member of committee,
or other person empowered under the regulations or by-laws to give
directions in regard to the business of a registered society;
“registered society” means a co-operative society registered under this
Ordinance;
“Registrar” means the Registrar of Co-operative Societies appointed
under section 3 and includes any person when exercising such powers of
the Registrar as may have been conferred upon him under that section.
PART II – REGISTRATION
3 Appointment of Registrar and assistant registrars
The Minister may appoint a person to be Registrar of Co- Appointment of
operative Societies for Tuvalu and may appoint persons to assist Registrar and
such Registrar, and may, by notice, confer on any such persons all assistant or
any of the powers of a Registrar under this Ordinance.
4 Societies which may be registered
Subject to the provisions hereinafter contained, a society which has as its object
the promotion of the economic interests of its members in accordance with co-
operative principles, or a society established with the object of facilitating the
operations of such a society, may be registered under this Ordinance with or
without limited liability as the Registrar may decide:
Provided that the liability of a society which includes at least one registered
society among its members shall be limited.

Co-operative Societies Ordinance CAP. 64 Section 5

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974

Page 9
5 Conditions of registration
(1) No society, other than a society of which a member is a registered society,
which does not consist of at least 10 persons each of whom is qualified
under section 23 for membership under this Ordinance shall be registered
under this Ordinance.
(2) The word “co-operative” or its vernacular equivalent shall form part of the
name of every society registered under this Ordinance.
(3) The word “limited” or its vernacular equivalent shall be the last word in
the name of every society with limited liability registered under this
Ordinance.
(4) When, for the purposes of this section, any question arises as to age,
residence, or occupation of land constituting the qualification of any
person, that question shall be decided by the Registrar whose decision
shall be final.
6 Application for registration
(1) For the purposes of registration an application shall be made to the
Registrar.
(2) The application shall be signed —
(a) in the case of a society of which no member is a registered society,
by at least 10 persons qualified in accordance with the requirements
of section 5 (1); and
(b) in the case of a society of which a member is a registered society,
by a duly authorised person on behalf of every such registered
society, and, where the members of the society are not all registered
societies, by 10 other members, or, when there are less than 10
other members, by all of them.
(3) The application shall be accompanied by copies of the proposed by-laws
of the society, and the persons by whom or on whose behalf such
application is made shall furnish such information in regard to the society
as the Registrar may require.
7 Registration
(1) If the Registrar is satisfied that a society has complied with the provisions
of this Ordinance and the regulations, and that its proposed by-laws are
not contrary to this Ordinance or to the regulations, he may, if he thinks
fit, register the society and its by-laws. An appeal shall lie to the Minister

Section 8 CAP. 64 Co-operative Societies Ordinance

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974 Page 10

against the refusal of the Registrar to register any society within 1 month
from the date of such refusal.
(2) On registration the society shall pay such fee as may be required by the
regulations.
8 Societies to be bodies corporate
The registration of a society shall render it a body corporate by the name under
which it is registered, with perpetual succession and with power to hold
property, to enter into contracts, to institute and defend suits and other legal
proceedings, and to do all things necessary for the purpose of its constitution.
9 Evidence of registration
A certificate of registration signed by the Registrar shall be conclusive evidence
that the society therein mentioned is duly registered, unless it is proved that the
registration of the society has been cancelled.
PART III – DUTIES AND PRIVILEGES OF SOCIETIES
10 Amendment of the by-laws of a registered society
(1) Any registered society may, subject to this Ordinance and the regulations,
amend its by-laws, including the by-laws which declare the name of
the society.
(2) No amendment of the by-laws of a registered society shall be valid until
that amendment has been registered under this Ordinance, for which
purpose copies of the amendment shall be forwarded to the Registrar.
(3) If the Registrar is satisfied that any amendment of the by-laws is not
contrary to this Ordinance or to the regulations, he may, if he thinks fit,
register the amendment; and an appeal shall lie to the Minister against the
refusal of the Registrar to register any amendment of any by-law.
(4) An amendment which changes the name of a society shall not affect any
right or obligation of the society or of any of its members or past
members, and any legal proceedings pending may be continued by or
against the society under its new name.
(5) When the Registrar registers an amendment of the by-laws of a registered
society, he shall issue to the society a copy of the amendment certified by

Co-operative Societies Ordinance CAP. 64 Section 11

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974

Page 11
him, which shall be conclusive evidence of the fact that the amendment
has been duly registered.
(6) In this section, “amendment” includes the making of a new by-law and the
variation or rescission of a by-law.
11 Address of society
Every registered society shall have an address, registered in accordance with the
regulations, to which all notices and communications may be sent, and shall
send to the Registrar notice of every change of that address.
12 Copy of Ordinance, regulation, by-laws, etc., to be open to
inspection
Every registered society shall keep a copy, written both in English and in the
vernacular of the place where its registered office is situated, of this Ordinance
and of the regulations and of its by-laws and a list of its members open to
inspection, free of charge, at all reasonable times at the registered address of
the society.
13 Disposal of produce to or through a registered society
(1) A registered society which has as one of its objects the disposal of any
article produced or obtained by the work or industry of its members
whether the produce of agriculture, animal husbandry, forestry, fisheries,
handicrafts or otherwise, may provide in its by-laws or may otherwise
contract with its members —
(a) that every such member who produces any such article shall
dispose of the whole or any specified amount, proportion or
description thereof to or through the society; and
(b) that any member who is proved or adjudged, in such manner as may
be prescribed by the regulations, to be guilty of a breach of the by-
laws or contract shall pay to the society as liquidated damages a
sum ascertained or assessed in such manner as may be prescribed
by the aforesaid regulations.
(2) No contract entered into under the provisions of this section shall be
contested in any court on the ground only that it constitutes a contract in
restraint of trade.

Section 14 CAP. 64 Co-operative Societies Ordinance

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974 Page 12

14 Creation of charges in favour of registered societies
Subject to any prior claim of the Crown on the property of the debtor and, to the
lien or claim of a landlord in respect of rent or any money recoverable as rent
and in the case of immovable property to any prior registered charge thereon —
(a) any debt or outstanding demand payable to a registered society by
any member or past member shall be a first charge on all crops or
other agricultural produce, felled timber or other forest produce,
marine produce, fish (fresh-water and salt-water), livestock, fodder,
agricultural, industrial and fishing implements, plant, machinery,
boats, tackle and nets, raw materials, stock in trade and generally all
produce of labour and things used in connection with production
raised, purchased or produced in whole or in part from any loan
whether in money or in goods given him by the society:
Provided that nothing herein contained shall affect the claim of any
bona fide purchaser or transferee without notice;
(b) any outstanding demands or dues payable to a registered housing
society by any member or past member in respect of rent, shares,
loans or purchase money or any other rights or amounts payable to
such society shall be a first charge upon his interest in the
immovable property of the society.
15 Charge and set off in respect of shares or interest of members
A registered society shall have a charge upon the shares or interest in the capital
and on the deposits of a member or past member or deceased member and upon
any dividend, bonus, or profits payable to a member or past member or to the
estate of a deceased member in respect of any debt due to the society from such
member or past member or estate, and may set off any sum credited or payable
to a member or past member or estate of a deceased member in or towards
payment of any such debt.
16 Shares or interest not liable to attachment or sale
Subject to section 15, the share or interest of a member in the capital of a
registered society shall not be liable to attachment or sale under any decree or
order of a court in respect of any debt or liability incurred by such member, and
a trustee in bankruptcy shall not be entitled to, or have any claim on, such share
or interest:
Provided that where a society is dissolved the property and the shares of any
member who has been adjudicated in bankruptcy shall be vested in the trustee in
bankruptcy.

Co-operative Societies Ordinance CAP. 64 Section 17

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974

Page 13
17 Transfer of interest on death of member
(1) On the death of a member, a registered society may transfer the share or
interest of the deceased member to the person nominated in accordance
with the regulations made in this behalf, or, if there is no person so
nominated, to such person as may appear to the committee to be the heir
or legal representative of the deceased member, or may pay to such
nominee, heir or legal representative, as the case may be, a sum
representing the value of such member’s share or interest, as ascertained in
accordance with the regulations or by-laws:
Provided that —
(a) in the case of a society with unlimited liability such nominee, heir
or legal representative, as the case may be, may require payment by
the society of the value of the share or interest of the deceased
member ascertained as aforesaid;
(b) in the case of a society with limited liability, the society may
transfer the share or interest of the deceased member to such
nominee, heir or legal representative, as the case may be, being
qualified in accordance with the regulations and by-laws for
membership of the society, or, on his application within 6 months
of the death of the deceased member, to any person specified in the
application who is so qualified.
(2) A registered society shall pay all other moneys due to the deceased
member from the society to such nominee, heir or legal representative, as
the case may be.
(3) All transfers and payments made by a registered society in accordance
with the provisions of this section shall be valid and effectual against any
demand made upon the society by any other person.
18 Deposits by or on behalf of minors
(1) A registered society may receive deposits from or for the benefit of
minors and it shall be lawful for a registered society to pay such minors
the interest which may become due on such deposits. Any deposits made
by a minor may, together with the interest accrued thereon, be paid to that
minor; and any deposit made on behalf of a minor may, together with the
interest accrued thereon, be paid to the guardian of that minor for the use
of the minor.
(2) The receipt of any minor or guardian for money paid to him under this
section shall be a sufficient discharge of the liability of the society in
respect of that money.

Section 19 CAP. 64 Co-operative Societies Ordinance

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974 Page 14

19 Register of members
Any register or list of members kept by any registered society shall be prima
facie evidence of any of the following particulars entered therein —
(a) the date at which the name of any person was entered in such
register or list as a member;
(b) the date at which any such person ceased to be a member.
20 Proof of entries in books of society
(1) A copy of any entry in a book of a registered society regularly kept in the
course of business shall, if certified in such manner as may be prescribed
by the regulations, be received in any legal proceedings, civil or criminal,
as prima facie evidence of the existence of such entry, and shall be
admitted as evidence of the matters, transactions and accounts therein
recorded in every case where, and to the same extent as, the original entry
itself is admissible.
(2) No officer of any such society shall, in any legal proceedings to which the
society is not a party, be compelled to produce any of the society’s books
the contents of which can be proved under subsection (1), or to appear as
a witness to prove any matters, transactions or accounts therein recorded
unless the court for special reasons so directs.
21 Amalgamation or transfer of societies
(1) Any 2 or more registered societies may by a resolution passed by a three-
fourths majority of the members present at a special general meeting of
such society held for the purpose, amalgamate as a single society:
Provided that no such resolution may be put to the meeting without the
prior approval of the Registrar in writing and that each member shall be
given a clear 15 days’ written notice of the resolution and the date of the
meeting. Such amalgamation may be effected with or without any
dissolution or division of the funds of the amalgamating societies or either
of them and the resolution of the societies concerned shall on such
amalgamation be a sufficient conveyance or assignment to vest the assets
and liabilities of the amalgamating societies in the amalgamated society.
(2) Any registered society may by a resolution passed in accordance with the
procedure laid down in subsection (1) transfer its assets and liabilities to
any other registered society which is prepared to accept them and such
resolution shall be a sufficient conveyance or assignment to vest the assets
and liabilities in the other society:

Co-operative Societies Ordinance CAP. 64 Section 22

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974

Page 15
Provided that when any such amalgamation or transfer of its liabilities
involves the transfer of its liabilities by any society to any other society, it
will not be made without giving 3 months’ notice to the creditors of both
or all such societies:
Provided further that if any creditor of any of the societies concerned
objects to such amalgamation or transfer of assets and liabilities and gives
written notice to that effect to the society or societies concerned 1 month
before the date fixed for such amalgamation or transfer the amalgamation
or transfer shall not be made until the dues of such creditor have
been satisfied.
22 Division of societies
(1) Any registered society may, with the approval of the Registrar, by a
resolution passed by a three-fourths majority of the members present at a
special general meeting of the society held for the purpose, resolve to
divide itself into 2 or more societies, provided that each member has had
15 clear days written notice of the resolution and the date of the meeting.
The resolution (hereinafter in this section referred to as a preliminary
resolution) shall contain proposals for the division of assets and liabilities
of the society among the new societies in which it is proposed to divide it
and may prescribe the area of operation of, and specify the members who
will constitute, each of the new societies.
(2) A copy of the preliminary resolution shall be sent to all the members and
creditors of the society. A notice of the resolution shall also be given to all
other persons whose interests will be affected by the division of
the society.
(3) Any member of the society may, notwithstanding any by-law to the
contrary, by notice given to the society within a period of 3 months from
his receipt of the resolution, intimate his intention not to become a
member of any of the new societies.
(4) Any creditor of the society may, notwithstanding any agreement to the
contrary, by notice given to the society within the said period intimate his
intention to demand a return of the amount due to him.
(5) Any other person whose interest will be affected by the division may by
notice given to the society object to the division unless his claim
is satisfied.
(6) After the expiry of 3 months from the receipt of the preliminary resolution
by all the members and creditors of the society and of the notice by other
persons given under subsection (2), another special general meeting of the
society, of which at least 15 clear days notice shall be given to its

Section 22 CAP. 64 Co-operative Societies Ordinance

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974 Page 16

members, shall be convened for considering the preliminary resolution. If
at such meeting the preliminary resolution is confirmed by a resolution
passed by a majority of not less than two-thirds of the members present,
either without changes or with such changes as in the opinion of the
Registrar are not material, he may, subject to the provisions of section 7
and of subsection (9), register the new societies and the by-laws thereof.
On such registration, the registration of the old society shall be deemed to
have been cancelled and the society shall be deemed to be dissolved from
the date of such cancellation.
(7) The opinion of the Registrar as to whether the changes made in the
preliminary resolution are or are not material shall be final and no appeal
shall lie therefrom.
(8) At the special general meeting referred to in subsection (6) provision shall
be made by another resolution for —
(i) repayment of the share capital of all the members who have given
notice under subsection (3);
(ii) satisfaction of the claims of all the creditors who have given notice
under subsection (4); and
(iii) satisfaction of the claims of such of the other persons who have
given notice under subsection (5) as the Registrar decides or
securing their claims in such manner as the Registrar directs:
Provided that no member or creditor or other person shall be entitled to
such repayment or satisfaction until the preliminary resolution is
confirmed as provided in subsection (6).
(9) If within such time as the Registrar considers reasonable the share capital
of the members referred to in subsection (8) is not repaid or the claims of
the creditors referred to in that subsection are not satisfied, or the claims
of the other persons are not satisfied or secured as provided in paragraph
(iii) of that subsection, the Registrar may refuse to register the
new societies.
(10) The registration of the new societies shall be a sufficient conveyance or
assignment to vest the assets and liabilities of the original society in the
new societies in the manner specified in the preliminary resolution as
confirmed under subsection (6).

Co-operative Societies Ordinance CAP. 64 Section 23

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974

Page 17
PART IV – RIGHTS AND LIABILITIES OF MEMBERS
23 Qualification for membership
In order to be qualified for membership of a co-operative society a person other
than a registered society, must —
(a) have attained the age of 16 years;
(b) be resident within or in occupation of land within the society’s area
of operations as described by the by-laws.
24 Members not to exercise rights till due payment made
No member of a registered society shall exercise the rights of a member unless
or until he has made such payment to the society in respect of membership or
acquired such interest in the society, as may be prescribed by the regulations
or by-laws.
25 Restriction of membership in society
Except with the sanction of the Registrar, no person shall be a member of more
than one registered society whose primary object is to grant loans to
its members.
26 Votes of members
No member of any registered society shall have more than one vote in the
conduct of the affairs of the society:
Provided that in the case of an equality of votes the Chairman shall have the
casting vote:
Provided further that in the case of societies of which a registered society is a
member that society may have such voting powers as are provided in
the regulations.
27 Representation by proxy
A registered society which is a member of any other registered society may
appoint any one of its members or, with the consent of the Registrar, any other
person as its proxy for the purpose of voting in the conduct of the affairs of such
other registered society.

Section 28 CAP. 64 Co-operative Societies Ordinance

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974 Page 18

28 Contracts with society of members who are minors
The minority of any person duly admitted as a member of any registered society
shall not debar that person from executing any instrument or giving any
acquittance necessary to be executed or given under this Ordinance or the
regulations made thereunder, and shall not be a ground for invalidating or
avoiding any contract entered into by any such person with the society; and any
such contract entered into by any such person with the society, whether as
principal or as surety, shall be enforceable at law or against such person
notwithstanding his minority.
29 No individual to hold more than one-fifth of share capital of any
society
No member, other than a registered society, shall hold more than one-fifth of the
share capital of any co-operative society.
30 Restrictions on transfer of share or interest
(1) The transfer or charge of the share or interest of a member or past member
or deceased member in the capital of a registered society shall be subject
to such conditions as to maximum holding as may be prescribed by this
Ordinance or by the regulations.
(2) In the case of a society registered with unlimited liability, a member shall
not transfer any share held by him or his interest in the capital of the
society or any part thereof, unless —
(a) he has held such share or interest for not less than 1 year; and
(b) the transfer or charge is made to the society, or to a member of the
society, or to a person whose application for membership has been
accepted by the committee.
31 Liability of past member and estate of deceased member for debts
of society
(1) The liability of a past member for the debts of a registered society as they
existed on the date on which he ceased to be a member shall not continue
for a period of more than 1 year reckoned from that date.
(2) The estate of a deceased member shall not be liable for the debts of the
society as they existed on the date of his decease for, a period of more
than 1 year reckoned from the date of his decease.

Co-operative Societies Ordinance CAP. 64 Section 32

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974

Page 19
PART V – PROPERTY AND FUNDS OF REGISTERED
SOCIETIES
32 Loans made by a registered society
(1) A registered society shall not, except as provided in section 35, make any
loan to any person other than a member: Provided that, with the consent of
the Registrar, a registered society may make loans to another registered
society.
(2) Except with the permission of the Registrar, a registered society shall not
lend money on the security of any movable property other than the
produce or goods in which the society is authorised to deal.
(3) The Minister may, by general or special order, prohibit or restrict the
lending of money on mortgage of any description of immovable property
by any registered society.
33 Deposits and loans received by a registered society
A registered society shall receive deposits and loans from persons who are not
members only to such extent and under such conditions as may be prescribed by
the regulations or by-laws.
34 Restrictions on other transactions with non-members
Save as provided in sections 32 and 33, the transactions of a registered society
with persons other than members shall be subject to such prohibitions and
restrictions as may be prescribed by the regulations.
35 Investment of funds
A registered society may invest or deposit its funds —
(a) with any bank or person carrying on the business of banking
approved for this purpose by the Registrar; or
(b) in any securities issued or guaranteed by a Government under the
British Crown; or
(c) with any other registered society approved for this purpose by the
Registrar; or
(d) in any other mode approved by the Registrar.

Section 36 CAP. 64 Co-operative Societies Ordinance

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974 Page 20

36 Disposal of profits
(1) At least one-fourth of the net profit of every registered society, as
ascertained by the audit prescribed by section 37, shall be carried to a fund
to be called the general reserve fund, which shall be employed as
prescribed by the regulations; and the remainder of such profits and any
profits of past years available for distribution may be divided among the
members by way of dividend or bonus, or allocated to any funds
constituted by the society to such extent or under such conditions as may
be prescribed by the regulations or by-laws:
Provided that in the case of a society with unlimited liability, no
distribution of profits shall be made without the general or special order of
the Minister.
(2) Any registered society may, with the sanction of the Registrar, after one-
fourth of the net profits in any year has been carried to the general reserve
fund, contribute an amount not exceeding 10 per cent of the remaining net
profits to any charitable purpose or to a common-good fund.
PART VI – AUDIT, INSPECTION AND INQUIRY
37 Audit
(1) The Registrar shall audit or cause to be audited by some person authorised
by him by general or special order in writing the accounts of every
registered society once at least in every year.
(2) The audit under subsection (1) shall include an examination of overdue
debts, if any, and a valuation of the assets and liabilities of the
registered society.
(3) The Registrar and every other person appointed to audit the accounts of a
society shall have power when necessary —
(a) to summon at the time of his audit any officer, agent, servant or
member of the society who he has reason to believe can give
material information in regard to any transactions of the society or
the management of its affairs; or
(b) to require the production of any book or document relating to the
affairs of, or any cash or securities belonging to, the society by the
officer, agent, servant or member in possession of such book,
document, cash or securities.

Co-operative Societies Ordinance CAP. 64 Section 38

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974

Page 21
38 Power of Registrar to inspect societies’ books, etc.
The Registrar, or any person authorised by general or special order in writing by
the Registrar, shall at all times have access to all the books, accounts, papers and
securities of a registered society, and shall be entitled to inspect the cash in hand;
and every officer of the society shall furnish such information in regard to the
transactions and working of the society as the person making such inspection
may require.
39 Inquiry and inspection
(1) The Registrar may of his own motion, and shall on the application of a
majority of the committee, or of not less than one-third of the members of
a registered society, hold an inquiry or direct some person authorised by
him by order in writing in this behalf to hold an inquiry into the
constitution, working, and financial condition of a registered society; and
all officers and members of the society shall furnish such information in
regard to the affairs of the society and produce the cash in hand and such
books, accounts, papers and securities of the society as the Registrar or the
person authorised by him may require.
(2) The Registrar shall, on the application of a creditor of the registered
society, inspect or direct some person authorised by him in writing in this
behalf to inspect the books of the society, if the applicant —
(a) proves that an ascertained sum of money is then due to him and that
he has demanded payment thereof and has not received satisfaction
within a reasonable time; and
(b) deposits with the Registrar such sum as security for the costs of the
proposed inspection as the Registrar may require.
(3) The Registrar shall communicate the results of any such inspection to the
creditor and to the society into whose affairs inquiry has been made.
(4) Where an inquiry is held under subsection (1) or an inspection is made
under subsection (2), the Registrar may apportion the costs or such part of
the costs, as he may think right, between the registered society, the
members demanding an inquiry, the officers or former officers of the
society, and the creditors, if any, on whose application the inquiry was
made.
(5) Any sum awarded by way of costs against any society or person under this
section may be recovered, on application to the court in the place where
the registered office of the society is situated or the person resides or
carries on business for the time being, in like manner as a fine imposed by
the court.

Section 40 CAP. 64 Co-operative Societies Ordinance

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974 Page 22

40 Dissolution of the committee of a society
(1) If the Registrar is of the opinion that the committee of any registered
society is not performing its duties properly he may, after giving an
opportunity to the committee to state its objections, if any, to its
dissolution, and after considering such objections at a general meeting of
the society summoned by him, by order in writing —
(a) dissolve the committee; and
(b) direct that the affairs of the society shall be managed and
administered by a suitable person or persons appointed as
hereinafter provided.
(2) Every direction under paragraph (b) of subsection (1) shall have effect for
such period not exceeding 2 years as may be specified in the order
containing such direction:
Provided that the Registrar may in his discretion from time to time amend
the order for the purpose of extending the period during which the
direction shall have effect so, however, that the aggregate period during
which the direction shall so have effect shall not exceed 4 years.
(3) Where any order is made under subsection (1) the Registrar shall by the
same or a subsequent order appoint a fit and proper person or 2 or more
such persons to manage and administer the affairs of the society, and may
from time to time remove or replace any person so appointed.
(4) Subject to the general direction and control of the Registrar, any person or
persons appointed under this section to manage the affairs of a registered
society —
(a) shall have the power to recover the assets and discharge the
liabilities of the society and take such other steps as may be
necessary in its interests; and
(b) may exercise all the powers, rights and privileges of a duly
constituted committee of the society.
(5) The Registrar may fix the remuneration payable to any person car persons
appointed by him under this section to manage the affairs of a registered
society; and the amount of such remuneration and other expenses, if any,
incurred in the management of the society shall be payable from its funds.
(6) It shall be the duty of the person or persons appointed under this section to
manage the affairs of a registered society, and who are holding office
immediately prior to the date on which the direction given under
paragraph (b) of subsection (1) ceases to have effect, to arrange, prior to
the date aforesaid, for the appointment of a new committee in accordance
with the by-laws of the society.

Co-operative Societies Ordinance CAP. 64 Section 41

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974

Page 23
(7) No order under subsection (1) shall be made by the Registrar in respect of
any registered society without the Minister’s prior approval.
(8) Nothing in this section shall be deemed to affect the power of the
Registrar to cancel the registration of the society under section 41.
PART VII – DISSOLUTION
41 Dissolution
(1) If the Registrar, after holding an inquiry or making an inspection under
section 39 or on receipt of an application made by three-fourths of the
members of a registered society, is of the opinion that the society ought to
be dissolved, he may make an order for the cancellation of the registration
of the society.
(2) Any member of a registered society may, within 2 months from the date
of an order under subsection (1), appeal from such order in the prescribed
manner to the Minister.
(3) Where no appeal is presented within 2 months from the making of an
order cancelling the registration of a society, the order shall take effect on
the expiry of that period; and where an appeal is presented within 2
months, the order shall not take effect until it is confirmed.
(4) Where the Registrar makes an order for the cancellation of the registration
of a society under subsection (1) he may make such further order as he
may think fit for the custody of the books and documents and the
protection of the assets of the society until the order cancelling
registration takes effect.
(5) No registered society shall be wound up save by an order of the Registrar.
42 Cancellation of registration of a society due to lack of membership
The Registrar may, by order in writing, cancel the registration of any registered
society other than a society which includes among its members one or more
registered society, if at any time it is proved to his satisfaction that the number of
the members has been reduced to less than 10, and every such order shall take
effect from the date thereof.

Section 43 CAP. 64 Co-operative Societies Ordinance

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974 Page 24

43 Effect of cancellation of registration
Where the registration of a society is cancelled by an order under section 41 or
under section 42 the society shall cease to exist as a corporate body from the
date on which the order takes effect, hereinafter referred to as the date of
dissolution:
Provided that any privileges conferred on the society by or under sections 14, 15,
16 and 17 shall be deemed to be vested in any appointed for that society by
the Registrar.
44 Liquidation after cancellation of registration of society
Where the registration of a society is cancelled under section 41 or section 42
the Registrar may appoint one or more persons to be, subject to his direction and
control, the liquidator or liquidators of the society.
45 Liquidator’s powers
(1) A liquidator appointed under section 44 shall, subject to the guidance and
control of the Registrar and to any limitations impose by the Registrar by
order under section 46 have power to —
(a) determine from time to time the contribution to be made by
members and past members or by the estate of deceased members
of the society to its assets;
(b) appoint a day by notice before which creditors whose claims are not
already recorded in the books of the society shall state their claims
for admission or be excluded from any distribution made before
they have proved them;
(c) decide any question of priority which arises between creditors;
(d) refer disputes to arbitration and institute and defend suits and other
legal proceedings on behalf of the society by his name or office;
(e) decide by what persons and in what proportions the costs of
liquidation are to be born;
(f) give such directions in regard to the collection and distribution of
assets as may be necessary in the course of winding up the society;
(g) compromise any claim by or against the society provided the
sanction of the Registrar has the first been obtained;
(h) call such general meetings of members as may be necessary for the
proper conduct of the liquidation;
(i) take possession of the books, documents and assets of the society;

Co-operative Societies Ordinance CAP. 64 Section 46

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974

Page 25
(j) sell the property of the society;
(k) carry on the business of the society so far as may be necessary for
winding it up beneficially:
Provided that nothing herein contained shall entitle the liquidator of
a credit society to issue any loan; and
(l) arrange for the distribution of the assets of the society in a
convenient manner when a scheme of distribution has been
approved by the Registrar.
(2) Subject to such regulations as may be made in this behalf, any liquidator
appointed under this Ordinance shall in so far as such powers are
necessary for carrying out the purposes of this section, have power to
summon and enforce the attendance of parties and witnesses and to
compel the production of documents by the same means and so far as may
be in the same manner as it is provided in the case of a civil court.
46 Powers of Registrar to control liquidation
A liquidator shall exercise his powers subject to the control and revision of the
Registrar, who may —
(a) rescind or vary any order made by a liquidator and make whatever
new order is required;
(b) remove a liquidator from office;
(c) call for all books, documents and assets of the society;
(d) by order in writing limit the powers of a liquidator under section
45;
(e) require accounts to be rendered to him by the liquidator;
(f) procure the auditing of the liquidator’s accounts and authorise the
distribution of the assets of the society;
(g) make an order for the remuneration of the liquidator;
(h) refer any subject of dispute between a liquidator and any third party
to arbitration if that party shall have consented in writing to be
bound by the decision of the arbitrator.
47 Enforcement of order
(1) The decision of an arbitrator on any matter referred to him under section
46 shall be binding upon the parties, and shall be enforceable in like
manner as an order made by the Registrar under that section.

Section 48 CAP. 64 Co-operative Societies Ordinance

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974 Page 26

(2) An order made by a liquidator or by the Registrar under section 45 or
section 46 may be enforced by the court having jurisdiction over the place
where the registered office of the society is situated in like manner as a
decree of the court.
48 Limitation of the jurisdiction of the civil court.
Save in so far as is hereinbefore expressly provided, no civil court shall have any
jurisdiction in respect of any matter concerned with the dissolution of a
registered society under this Ordinance.
49 Closure of liquidation
(1) In the liquidation of a society whose registration has been cancelled, the
funds, including the general reserve fund, shall be applied first to the costs
of liquidation, then to the discharge of the liabilities of the society, then to
the payment of the share capital and then, provided the by-laws of the
society permit, to the payment of a dividend at a rate not exceeding 10 per
cent per annum for any period for which no disposal of profits was made.
(2) When the liquidation of a society has been closed and any creditor of the
society has not claimed or received what is due to him under the scheme
of distribution, notice of the closing of the liquidation shall be published
in the manner provided for subsidiary legislation and in such other manner
as the Registrar may require; and all claims against the funds of the
society liquidated shall be proscribed when 2 years have elapsed from the
date of the publication.
(3) Any surplus remaining after the application of the funds to the purposes
specified in subsection (1) and the payment of any claims for which an
action is instituted under subsection (2) shall be available for use by the
Registrar for any co-operative purpose at his discretion.
PART VIII – SURCHARGE AND ATTACHMENT
50 Power of Registrar to surcharge officers, etc., of a registered
society
(1) Where, in the course of the winding up of a registered society, it appears
that any person who has taken part in the organisation or management of
such society or any past or present officer of the society has misapplied or
retained or become liable or accountable for any money or property of

Co-operative Societies Ordinance CAP. 64 Section 51

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974

Page 27
such society or has been guilty of misfeasance or breach of trust in
relation to such society, the Registrar may, on the application of the
liquidator or of any creditor or contributory, examine into the conduct of
such person and make an order requiring him to repay or restore the
money or property or any part thereof with interest at such rate as the
Registrar thinks just or to contribute such sum to the assets of such society
by way of compensation in regard to the misapplication, retainer,
dishonesty or breach of trust as the Registrar thinks just.
(2) This section shall apply notwithstanding that the act is one for which the
offender may be criminally responsible.
51 Appeal to Minister
Any person aggrieved by any order of the Registrar made under section 50 may
appeal to the Minister within 21 days from the date of such order and the
decision of the Minister shall be final and conclusive.
PART IX – DISPUTES
52 Settlement of disputes
(1) If any dispute touching the business of a registered disputes society
arises —
(a) among members, past members and persons claiming through
members, past members and deceased members; or
(b) between a member, past member, or person claiming through a
member, past member or deceased member, and the society, its
committee, or any officer of the society; or
(c) between the society or its committee and any officer of the
society; or
(d) between the society and any other registered society,
such dispute shall be referred to the Registrar for decision; and a claim by
a registered society for any debt or demand due to it from a member, past
member or the nominee, heir or legal representative of a deceased
member, shall be deemed to be a dispute touching the business of the
society within the meaning of this subsection.
(2) The Registrar may on receipt of a reference under subsection (1) —
(a) decide the dispute himself; or

Section 53 CAP. 64 Co-operative Societies Ordinance

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974 Page 28

(b) refer it for disposal to an arbitrator or arbitrators.
(3) Any party aggrieved by the award of the arbitrator or arbitrators may
appeal therefrom to the Registrar within such period and in such manner
as may be prescribed.
(4) A decision of the Registrar under subsection (2) or under subsection (3)
shall be final and shall not be called in question in any civil court.
(5) The award of the arbitrator or arbitrators under subsection (2) shall, if no
appeal is referred to the Registrar under subsection (3), or if any such
appeal is abandoned or withdrawn, be final and shall not be called in
question in any civil court and shall be enforced in the same manner as if
the award had been a judgment of a civil court.
53 Request Opinion of a Judge
Notwithstanding anything contained in the last foregoing section, the Registrar
at any time when proceeding to a decision under this Ordinance, or the Minister
at any, time when an appeal has been referred to him against any decision of the
Registrar under this Ordinance, may refer any question of law arising out of such
decision for the opinion of a judge, whose opinion given on such question shall
be final and conclusive.
PART X – REGULATIONS
54 Regulations
(1) The Minister may make all such regulations as may be necessary for the
purpose of carrying out or giving effect to the principles and provisions of
this Ordinance.
(2) In particular and without prejudice to the generality of the power
conferred by subsection (1), such regulations may —
(a) prescribe the forms to be used, the fees to be paid and the
conditions to be complied with in applying for the registration of a
society and the procedure in the matter of such applications;
(b) prescribe the conditions to be complied with by persons applying
for admission or admitted as members, and provide for the election
and admission of members from time to time, and the payment to
be made and interest to be acquired before exercising rights of
membership;

Co-operative Societies Ordinance CAP. 64 Section 54

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974

Page 29
(c) subject to section 29, prescribe the maximum number of shares or
portion of the capital of a registered society which may be held by a
member;
(d) prescribe the extent to which a registered society may limit the
number of its members;
(e) provide for the withdrawal and expulsion of members and for the
payments to be made to members who withdraw or are expelled and
for the liabilities of past members;
(f) provide for general meetings of the members and for the procedure
at such meetings and the powers to be exercised by such meetings;
(g) provide for the appointment, suspension and removal of the
members of the committee, and for the powers to be exercised and
the duties to be performed by the committee and other officers;
(h) prescribe the matters in respect of which a society may or shall
make by-laws and for the procedure to be followed in making,
altering and rescinding by-laws, and the conditions to be satisfied
prior to such making, alteration or rescission;
(i) regulate the manner in which funds may be raised by means of
shares or debentures or otherwise;
(j) prescribe the conditions to be observed by a registered society
applying for financial assistance from Government;
(k) prescribe the payments to be made, the conditions to be complied
with, and the forms of the bonds, instruments or other documents to
be executed, by members applying for loans or cash credits, the
period for which loans may be made or credits granted, and the
maximum amount which may be lent and the maximum credit
which may be allowed to individual members with or without the
consent of the Registrar;
(l) provide for the mode in which the value of a deceased member’s
interest shall be ascertained, and for the nomination of a person to
whom such interest may be paid or transferred;
(m) provide for the mode in which the value of the interest of a member
who has become of unsound mind and incapable of managing
himself or his affairs shall be ascertained and for the nomination of
any person to whom such interest may be paid or transferred;
(n) provide for the formation and the maintenance of reserve funds, and
the objects to which such funds may be applied, and for the
investment of any funds under the control of any registered society;

Section 54 CAP. 64 Co-operative Societies Ordinance

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974 Page 30

(o) prescribe the conditions under which profits may be distributed to
the members of a society with unlimited liability and the maximum
rate of dividend which may be paid by societies;
(p) prescribe the accounts and books to be kept by a registered society,
and for the periodical publication of a balance sheet showing the
assets and liabilities of a registered society;
(q) provide for the audit of the accounts of registered societies and for
the charges, if any, to be made for such audit, and provide for the
levy of contributions from all or any registered societies to a fund to
be used for the audit and supervision of existing societies and co-
operative propaganda and prescribe for the administration of such a
fund;
(r) prescribe the returns to be submitted by registered societies to the
Registrar, and the persons by whom and the form in which the same
are to be made;
(s) provide for the persons by whom, and the form in which, copies of
entries in books of registered societies may be certified;
(t) provide for the formation and maintenance of a register of members
and, where the liability of members is limited by shares, a register
of shares;
(u) provide for the inspection of documents and registers at the
Registrar’s office and the fees to be paid therefor and for the issue
of copies of such documents or registers;
(v) prescribe the manner in which any question as to the breach of any
by-law or contract relating to the disposal of produce to or through
a society may be determined, and the manner in which the
liquidated damages for any such breach may be ascertained or
assessed;
(w) prescribe the mode of appointing an arbitrator or arbitrators and the
procedure to be followed in proceedings before the Registrar or
such arbitrator or arbitrators;
(x) prescribe the procedure to be followed by a liquidator appointed
under section 44;
(y) prescribe the forms to be used, the fees to be paid, the procedure to
be observed and all other matters connected with or incidental to
the presentation, hearing and disposal of appeals under this
Ordinance or the regulations.

Co-operative Societies Ordinance CAP. 64 Section 55-

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974

Page 31
PART XI – MISCELLANEOUS
55- Recovery of sums due to Government
(1) All sums due from a registered society or from an officer or member or
past member of a registered society as such to the Government may be
recovered in the manner provided for the recovery of debts due to the
Government under the law for the time being in force.
(2) Sums due from a registered society to the Government and recoverable
under subsection (1) may be recovered, first from the property of the
society; secondly, in the case of a society of which the liability of
members is limited, from the members subject to the limit of their
liability; and thirdly, in the case of other societies, from the members.
56 Special powers of Minister to exempt any society from requirements
as to registration
Notwithstanding anything contained in this Ordinance the Minister may by order
in each case and subject to such conditions as he may impose, exempt any
society from any of the requirements of this Ordinance as to registration.
57 Special power of Minister to exempt societies from provisions of
Ordinance
The Minister may by order exempt any registered society or class of societies
from any of the provisions of this Ordinance, or may direct that such provisions
shall apply to any society or class of societies with effect from such date or with
such modifications as may be specified in the order.
58 Power to exempt from stamp duty and registration fees
The Minister by notification in the Gazette may, in the case of any registered
society or class of registered societies, remit —
(a) the stamp duty with which, under any law for the time being in
force, instruments executed by or on behalf of a registered society,
or by an officer or member, and relating to the business of such
society, or any class of such instruments are respectively
chargeable; or
(b) any fee payable under the law of registration for the time being
in force.

Section 59 CAP. 64 Co-operative Societies Ordinance

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974 Page 32

59 Prohibition of the use of the word “co-operative”
(1) No person other than a registered society shall trade or carry on business
under any name or title of which the word “co-operative” is part without
the sanction of the Minister:
Provided that nothing in this section shall apply to the use by any person
or his successor in interest of any name or title under which he traded or
carried on business at the commencement of this Ordinance.
(2) Any person who contravenes the provisions of this section shall be liable
on summary conviction to a fine of $10, and in the case of a continuing
offence to a further fine not exceeding $2 for each day during which the
offence continues.
60 Punishment of fraud or misappropriation
If any person obtains possession by false representation or imposition of any
property of a society, or having the same in his possession withholds or
misapplies the same, or wilfully applies any part thereof to purposes other than
those expressed or directed in the rules of the society, and authorised by this
Ordinance, he shall on the complaint of the society, or of any member authorised
by the society, or the committee thereof, or of the Registrar or any assistant
registrar by his authority, be liable on summary conviction to a fine of $40 with
costs, and to be ordered to deliver up all such property or .o repay all moneys
applied improperly, and in default of such delivery or repayment or of the
payment of such fine to be imprisoned for 3 months, but nothing in this section
shall prevent any such person from being proceeded against for an indictable
offence if not previously convicted of the same offence under this Ordinance.
61 Formation of proposed societies
(1) No person shall collect moneys in the nature of subscriptions for the
purpose of the formation of a society to be registered under this Ordinance
without first obtaining the permission in writing of the Registrar.
(2) Any person who contravenes this section shall be liable on summary
conviction to a fine of $20 and to imprisonment for 3 months.
62 Special members of committees of secondary societies
(1) Notwithstanding any other provision of this Ordinance, the Minister may
in accordance with this section appoint special members to the committee
of any secondary society if the society is in receipt of financial assistance

Co-operative Societies Ordinance CAP. 64 Section 63

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974

Page 33
from the Government or if the Minister considers such appointments to be
necessary in the interests of the national economy.
(2) Special members appointed under this section —
(a) shall be appointed from among persons who in the opinion of the
Minister possess suitable academic or professional qualifications or
sufficient experience in business, trade or commerce or a co-
operative movement to enable them properly to discharge their
functions; and
(b) may be appointed from among persons who are not members of any
registered society.
(3) The number of special members appointed to a committee under this
section shall not exceed one-third of the number of ordinary members
including the chairman of the committee.
(4) For the purposes of this section a society shall be deemed to be in receipt
of financial assistance from the Government if —
(a) within the immediately preceding 3 years the society has received
any grant of money from the Government; or
(b) any money has been lent to the society by the Government and the
loan has not been repaid; or
(c) any loan made to the society has been guaranteed by the
Government and either the guarantee is still outstanding or the
guarantee has been honoured by the Government and the society
has not paid to the Government all sums (including interest, if any,
thereon) paid by the Government under the terms of the guarantee.
(5) In this section “secondary society” means a registered society the
members of which are registered societies.
63 Tenure of office and powers of special members
(1) A special member of a committee appointed under section 62 shall remain
a member of the committee until his appointment is terminated by
the Minister.
(2) Where the Minister has appointed special members to a committee under
section 62 any such special member may require in writing that any
decision taken by the committee shall not have effect until the approval of
the Minister has been obtained and, where any such requirement is made
in respect of any such decision, the decision shall be of no force or effect
and shall not in any way be acted upon until the Minister has signified his
approval thereof.

Section 64 CAP. 64 Co-operative Societies Ordinance

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974 Page 34

(3) In addition to the power conferred by subsection (2), a special member
appointed to a committee under section 62 shall, unless the Minister
otherwise directs, have all the powers had by the Ordinary members of
that committee.
64 Certain Ordinances not to apply (Cap. 59, Cap. 82)
The provisions of the Companies and Business Registration Ordinance and the
Trade Unions Ordinance shall not apply to a registered society.
65 Penalty for non-compliance with certain provisions
(1)
(a) Any registered society or an officer or a member thereof, wilfully
neglecting or refusing to do any act or to furnish any information
required for the purposes of this Ordinance by the Registrar or other
persons duly authorised by him in this behalf; or
(b) any person wilfully or without any reasonable excuse disobeying
any summons, requisition or lawful written order issued under the
provisions of this Ordinance, or failing to furnish any information
lawfully required from him by a person authorised to do so under
the provisions of this Ordinance, shall be guilty of an offence under
this Ordinance.
(2) Every offence referred to in subsection (1) shall be punishable with a fine
of $200.
66 Savings (16 of 1940)
(1) Any Co-operative Society registered under the Native Co-operative
Societies Ordinance 1940 before the 1st September 1952 in accordance
with the provisions of that Ordinance shall be deemed to be a registered
society in accordance with the provisions of this Ordinance.

Co-operative Societies Ordinance CAP. 64 Endnotes

9 of 1951 (Cap. 67 of 1952), 5 of 1960, 8 of 1968, 9 of
1971, (Cap. 64 of 1973), L.N. 16/74, 31 of 1974

Page 35
ENDNOTES
Table of Legislation History
Legislation Year and No Commencement

Table of Renumbered Provisions
Original Current

Table of Endnote References