Power to make rules

§130

Summary

(1) The State Government may 2[ * * *] make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the power under sub-section (1), the rules to be made under this section may provide for all or any of the following matters ; (i) the applicant to whom, and the manner in which, the order refusing the registration of a co-operative society may be communicated by the Registrar under sub-section (2) of section 7 ; (ii) the matters in respect of which a co-operative society shall or may make bye-laws ; (iii) the procedure and condition for charge in the form and extent of the liability of a co-operative society ; (iv) the procedure to be followed for amendment of bye-laws by a co-operative society ; (v) constitution of committees of management ; (vi) the provision for a second or casting vote by the Chairman of a general meeting of the committee of management of a co-operative society; (vii) the appointment by a co-operative society of one or more of its members to represent and vote on its behalf at a meeting of another co-operative society of which it is member ; (viii) rights and liabilities of ordinary members and the proportion of members who are individuals and other members in the constitution of the general body or the committee of management of a co-operative society having other co-operative societies also in its membership ; (ix) the exercise of the right of vote where a share is held jointly by more than one person ; (x) the procedure for the nomination by a member of a person to whom the share or interest of such member on his death may be transferred or the value thereof may be paid ; (xi) the mode in which the value of the share of a deceased or past member shall be ascertained and its payment ; 3[(xii) the election of the members and Chairman and ViceChairman of the Committee of Management of a co-operative society including delimitation of constituencies, reservation of seats for women and members belonging to weaker sections, settlement of election disputes, and levy of fees in respect of any such matter ; (xii-A) the nomination of women and members belonging to weaker sections in the committee of management of a co-operative society ;]3 (xiii) the calling of a general meeting or a meeting of the committee of the management of a co-operative society and the quorum and procedure at such meetings ; (xiv) the remuneration payable to a committee or administrator or administrators appointed in place of a committee of management superseded or suspended by the Registrar ; (xv) the qualifications or disqualifications for membership of committee of management of a co-operative society ; (xvi) the restrictions against officers of a co-operative society being interested in contracts with the society ; (xvii) the matters connected with the direct and indirect partnership of the State Government in co-operative societies ; (xviii) determination of distributable profits out of net profits for purposes of payment of dividend and bonus, and allocation to funds of a society ; (xix) the establishment and control of Co-operative Education Fund, payment to be made other Fund by a co-operative society out of its net profits and the mode of investment of the Fund and its disposal ; (xx) the mode and conditions of investment of funs of a cooperative society and of establishment and investment of Contributory Provident Fund ; (xxi) the objects of reserve and other funds of a co-operative society, their utilization and mode of investment ; (xxii) the mode of disposal of reserve fund and surplus funds of a co-operative society on its winding up ; (xxiii) the extent and conditions subject to which a co-operative society may receive deposits and take loans ; (xxiv) the restrictions on transactions by a co-operative society with non-members ; (xxv) the restrictions on grant of loans by a co-operative society ; (xxvi) the form and standards of fluid resources to be maintained by co-operative societies accepting deposits and granting cash credits ; (xxvii) conducting of audit and levy of audit fees on co-operative societies ; (xxviii) procedure to be followed in various proceedings under this Act including proceedings before the Registrar, an arbitrator or board of arbitrators or before Tribunals or other authorities in entertaining and disposing of appeals and reviews ; (xxix) the fees and expenses that may be charged in proceedings under this Act ; (xxx) the conditions subject to which assets of a co-operative society shall vest in a liquidator and the procedure to be adopted in winding up of a co-operative society ; (xxxi) the procedure for recovery of amounts due or payable to a co-operative society ; (xxxii) the mode of making attachment before judgment and the procedure for sale of property in proceedings under this Act ; (xxxiii) the qualifications of members of the Tribunal ; (xxxiv) the manner of registering the address of a co-operative society ; (xxxv) the account books and registers to be kept by a cooperative society and power of Registrar to direct the account books and registers to be written up ; (xxxvi) the manner of certification of copies of entries in the books and of document kept by a co-operative society in the course of business ; (xxxvii) the statements, reports and returns to be furnished by co-operative societies to the Registrar ; (xxxviii) restrictions on persons appearing as legal practioners in proceedings under this Act ; (xxxix) inspection of documents and levy of fees for granting certified copies thereof ; (xl) the maximum rate of interest to be charged by a Central Bank from the co-operative societies ; (xli) the levy of supervision fees to be realized from the cooperative societies ; (xlii) duties and functions of honorary organizers and honorary managers and payments of allowances and honorarium to them and to the office hearers, delegates and other members of co-operative societies; (xliii) method of communicating or publishing any order, decision or award required to be communicated or published under the Act or the rules ; and (xliv) any other matter which may be or is required to be prescribed. 4[3. * * *]

(1) The State Government may 2[ * * *] make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the power under sub-section (1), the rules to be made under this section may provide for all or any of the following matters ; (i) the applicant to whom, and the manner in which, the order refusing the registration of a co-operative society may be communicated by the Registrar under sub-section (2) of section 7 ; (ii) the matters in respect of which a co-operative society shall or may make bye-laws ; (iii) the procedure and condition for charge in the form and extent of the liability of a co-operative society ; (iv) the procedure to be followed for amendment of bye-laws by a co-operative society ; (v) constitution of committees of management ; (vi) the provision for a second or casting vote by the Chairman of a general meeting of the committee of management of a co-operative society; (vii) the appointment by a co-operative society of one or more of its members to represent and vote on its behalf at a meeting of another co-operative society of which it is member ; (viii) rights and liabilities of ordinary members and the proportion of members who are individuals and other members in the constitution of the general body or the committee of management of a co-operative society having other co-operative societies also in its membership ; (ix) the exercise of the right of vote where a share is held jointly by more than one person ; (x) the procedure for the nomination by a member of a person to whom the share or interest of such member on his death may be transferred or the value thereof may be paid ; (xi) the mode in which the value of the share of a deceased or past member shall be ascertained and its payment ; 3[(xii) the election of the members and Chairman and ViceChairman of the Committee of Management of a co-operative society including delimitation of constituencies, reservation of seats for women and members belonging to weaker sections, settlement of election disputes, and levy of fees in respect of any such matter ; (xii-A) the nomination of women and members belonging to weaker sections in the committee of management of a co-operative society ;]3 (xiii) the calling of a general meeting or a meeting of the committee of the management of a co-operative society and the quorum and procedure at such meetings ; (xiv) the remuneration payable to a committee or administrator or administrators appointed in place of a committee of management superseded or suspended by the Registrar ; (xv) the qualifications or disqualifications for membership of committee of management of a co-operative society ; (xvi) the restrictions against officers of a co-operative society being interested in contracts with the society ; (xvii) the matters connected with the direct and indirect partnership of the State Government in co-operative societies ; (xviii) determination of distributable profits out of net profits for purposes of payment of dividend and bonus, and allocation to funds of a society ; (xix) the establishment and control of Co-operative Education Fund, payment to be made other Fund by a co-operative society out of its net profits and the mode of investment of the Fund and its disposal ; (xx) the mode and conditions of investment of funs of a cooperative society and of establishment and investment of Contributory Provident Fund ; (xxi) the objects of reserve and other funds of a co-operative society, their utilization and mode of investment ; (xxii) the mode of disposal of reserve fund and surplus funds of a co-operative society on its winding up ; (xxiii) the extent and conditions subject to which a co-operative society may receive deposits and take loans ; (xxiv) the restrictions on transactions by a co-operative society with non-members ; (xxv) the restrictions on grant of loans by a co-operative society ; (xxvi) the form and standards of fluid resources to be maintained by co-operative societies accepting deposits and granting cash credits ; (xxvii) conducting of audit and levy of audit fees on co-operative societies ; (xxviii) procedure to be followed in various proceedings under this Act including proceedings before the Registrar, an arbitrator or board of arbitrators or before Tribunals or other authorities in entertaining and disposing of appeals and reviews ; (xxix) the fees and expenses that may be charged in proceedings under this Act ; (xxx) the conditions subject to which assets of a co-operative society shall vest in a liquidator and the procedure to be adopted in winding up of a co-operative society ; (xxxi) the procedure for recovery of amounts due or payable to a co-operative society ; (xxxii) the mode of making attachment before judgment and the procedure for sale of property in proceedings under this Act ; (xxxiii) the qualifications of members of the Tribunal ; (xxxiv) the manner of registering the address of a co-operative society ; (xxxv) the account books and registers to be kept by a cooperative society and power of Registrar to direct the account books and registers to be written up ; (xxxvi) the manner of certification of copies of entries in the books and of document kept by a co-operative society in the course of business ; (xxxvii) the statements, reports and returns to be furnished by co-operative societies to the Registrar ; (xxxviii) restrictions on persons appearing as legal practioners in proceedings under this Act ; (xxxix) inspection of documents and levy of fees for granting certified copies thereof ; (xl) the maximum rate of interest to be charged by a Central Bank from the co-operative societies ; (xli) the levy of supervision fees to be realized from the cooperative societies ; (xlii) duties and functions of honorary organizers and honorary managers and payments of allowances and honorarium to them and to the office hearers, delegates and other members of co-operative societies; (xliii) method of communicating or publishing any order, decision or award required to be communicated or published under the Act or the rules ; and (xliv) any other matter which may be or is required to be prescribed. 4[3. * * *]

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