Government of Jammu and Kashmir
Officer of the Registrar Cooperative Societies, J&K, Srinagar.

Subject:-Notice  for the attentions of the Cooperatives  Registered under the Jammu   and   Kashmir Self Reliant Cooperative Act of 1999.

Whereas Section 46 of the Jammu and Kashmir Self Reliant Act of 1999, here in after  called as Act,  has cast a statutory Responsibility upon the  cooperative registered thereunder to file Annual Returns with the office of the Registrar Cooperative Societies within 30 days  from the convening of the Annual General Body meetings.

Whereas an about 950 Cooperatives in different disciplines have so far been accorded registration upto 31^st of March 2005, under the Act from the date of its enforcement.viz.15-11-1999.

Whereas the attention of all such cooperatives has time and again been drawn towards the legal obligation regarding the filing of Annual Returns as listed under section 46 of the Act.

Where as through the medium of circular instructions issued on 15-7-2002 and 4-6-2003 conveyed through the respective Deputy Registrars of the Department for the attention of the cooperatives registered under the Act, it was enjoined upon them to file the Returns.

Whereas the attention of all such cooperatives was further drawn towards the legal obligation vide public notices published in the Daily Kashmir Times dated 20^th January 2004 and the Notice published in the Daily Greater Kashmir dated 25-6-2004.

Whereas on the failure of the Cooperatives to file the Returns, District Audit Officers of the concerned Districts were assigned the job, vide this office order issued under No:RCS/SS/236-46 dated 19-4-2005, to prevail upon the cooperatives to file Returns.

Whereas some of the officers have so far reverted informing that majority of the cooperatives were not trainable while a small group of cooperatives having under took different activities has not maintained the records/information in the manner specified under the Act.

Whereas the working of all such cooperatives in the absence of Annual Returns does not find a reflection in the statistical statements of the Department and thus having resulted in the failure of the Department to fulfill the legal  obligation regarding  rendering an account of its working  as mandated under sub section 4 of Section 46  of the Act.

Whereas  the failure to file the Annual Returns  is a cognizable  offence  under sub-section  3 of  section 46 of  the Act  besides  the working of such cooperatives  has cultivated in a work culture not in tendam with the cooperative principles and Ethics.

Whereas  it has further been given to understand  that the Housing Cooperatives registered under the Act have  been managing various exemptions including  the payment of stamp duty in the name of cooperatives.

Whereas  the failure  of such  of the Cooperatives to file the Returns  is enough  to believe  that they have  not  commenced the business from the date of their registration. Or are  simply  using  the name of the cooperative to sustain  commercial interest.

Now therefore, the Cooperatives registered under the Act, are once  again  advised to file the Annual Returns  Year wise from the date of registration strictly in the manner specified under Section 46 of  the Act, within  next thirty days failing which the necessary  legal process to dissolve such cooperatives would be initiated without further notice.

Meanwhile , the list of Housing  Cooperatives registered  under the Act  upto 31^st March 2005 is also published as an Annexure to this Notice for the information of the General Public, so that it is let known  that the such cooperatives   have made a breach of legal  mandates/ obligation and any dealing  with them shall be on their own Risk and Responsibility.

Copy to the:

1. Joint Director Information Srinagar alongwith two spare copies of the Notice  and the Annexure for publication in atleast two local dailies  from Srinagar and Jammu preferably  in Greater Kashmir and Alsafa from Srinagar and Kashmir Times  and the Daily Excelsior from Jammu.

2. General Manager Government Press Srinagar for publication in the next issue of Govt. Gazette.

Annexure to the above Notice

Housing  Cooperative Registered under Jammu and Kashmir Self Reliant Cooperative Act of 1999.