SC highlights defects in Sindh Co-operative Societies Act
ISLAMABAD: The Supreme Court highlighted defects in Sindh Co-operative Societies Act, 2020, and called for correction/ amendment by the Sindh provincial legislatures for appropriate rectification.
The Sindh Co-operative Societies Act, 2020, which by virtue of Section 119 of the Act, repealed the Cooperative Societies Act, 1925, enacted to consolidate and amend the law relating to cooperative societies in the Province of Sindh to facilitate the formation and working of co-operative societies for the promotion of thrift, self-help, and mutual aid among agriculturists and other persons with common economic needs, so as to bring about better living, better business, and better methods of production.
The judgment of two-judge bench, comprising Justice Muhammad Ali Mazhar and Justice Aqeel Ahmed Abbasi, which heard civil petition against the Sindh High Court (SHC) regarding immovable property dispute, noted that instead of providing right of appeal to the High Court in the Act, which is a substantive right, it is provided in the Rules.
Furthermore, the nature/ categories of disputes required to be resolved or decided by the Special Court for Cooperatives are also provided in the Rules rather than being defined in the Act with a specific provision to deal with civil disputes, just as offences are properly described in the Act itself without any ambiguity.
It stated; Some corrections in the nomenclature of the Act are also required in Section 104 of the Act, which articulates: '(1) No Court other than the Special Court for Cooperative Societies established under section 121 shall try offences under this Chapter and disputes referred to in section 78'.
The judgment further noted; 'The Act ends at Section 119 and there is no Section 121 in the Act. While Section 78 is germane to transfer of property which cannot be sold, and the execution of an order sought to be executed under Sections 81 and 82.'
The judgment said perhaps due to misprinting or inadvertence, instead of Sections 73 and 117, the wrong taxonomies of sections of the Act are printed, which is causing confusion and is open to correction/ amendment by the provincial legislatures/ government of Sindh for appropriate rectification.
Copyright Business Recorder, 2025
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