Karnataka Co-operative Societies
Rules,1960
Chapter I Preliminary
Rule - 1.
Title
These Rules may be called the Karnataka Co-operative Societies Rules, 1960.
Rule - 2.Definitions.
In these Rules, unless
the context otherwise requires,-
(a) Act
means the Karnataka Co-operative Societies Act, 1959. and Section? means a
section of the Act.
(aa)
Audit remuneration means a remuneration fixed by the General Body taking into consideration the guidelines issued under
rule 30 of these rules for the audit of accounts of every Co-operative society.
(b) Co-operative
Development Fund means a fund created by the government into which the surplus assets as shown in the final report of the liquidator as per Rule 33(1) are pooled by the liquidator.
(c)
Decree means
any order, decision or award referred to in Section 101.
(d) Decree-holder means any person
holding a decree as defined in clause (c).
(dd) Form means a
form appended to these rules.
(e) Judgement-debtor means any
co-operative society against
which or any person against
whom a decree as defined
in clause (c) has been obtained.
(f)
Person includes the State Government and a co-operative society.
(g) Recovery
Officer means a person subordinate to the Registrar, and empowered to exercise the powers of the Registrar under
Section 101.
(h) Sale
Officer means an officer empowered by
the Registrar by general or special order, to
attach and sell the property of judgment-debtors or to execute any
decree by attachment and sale of property.
(hh) Section
means a section of the Act.
(i)
Society means a Co-operative Society.
(i-1)
Election Officer means an officer appointed by the Cooperative Election
Authority as the District/Region/ State-election Officer as the case may be, for a specified period other
than Jurisdictional Assistant Registrar / Deputy Registrar / Joint
Registrar of Co-operative Societies.
(i-2)
Returning Officer means an officer of the State Government or local authority
other than jurisdictional Assistant
Registrar / Deputy Registrar / Joint Registrar of Co-operative Societies appointed by the Co-operative
Election Authority or Election Officer as Returning Officer for the respective Co-operative Societies but includes
an Assistant Returning Officer performing any of the functions
of the Returning Officer."
(j)
Other words and expressions defined in the Act shall have the meanings assigned
to them in the Act
Chapter
II Registration of Co-operative Societies and their Bye-Laws
Rule - 3. Formalities
for registration
(1)
A group of persons not less than ten persons
intending to form a cooperative society may join together and elect a
chief promoter among themselves, and
a few promoters to assist him and authorise him to take further steps for registration of the society. Such group of
persons shall decide the name and area of operation of the proposed society, adopt the bye-laws of the proposed
society and also resolve to authorise
the chief promoter to collect the required share capital from the persons
intending to become the members
of the proposed society.
(2)
The chief promoter shall approach the
jurisdictional Registrar along with a list of persons who have joined together to form the proposed cooperative
society, a copy of the proceedings of
the meeting of the said group of persons containing their names, addresses and
signatures, two copies of the
bye-laws of the proposed society and a copy of the project report to show the proposed society
has reasonable chances
of success and is going to be a viable organization.
(3)
The Registrar on being satisfied that, the
proposed society has reasonable chances of success
and is going to be economically viable may permit the chief promoter to collect
such amount of share capital
from such number
of persons intending to become the members of the proposed society within such period as he may specify.
(4) After
getting permission from the Registrar, the chief promoter shall get a few
receipts book printed in the name
of the proposed society and collect the share
capital from the persons intending
to become the members of the proposed society. He shall issue receipts to the proposed members for the amount collected with his signature
under his name and designation. The
money so collected shall be deposited within seven days from the date of collection, in an account opened by the
chief promoter in the name of proposed society, in a scheduled or a cooperative bank. He shall maintain a cash book,
receipt book, voucher book and other
accounts for the money collected and remitted to the bank. However, he shall be competent
to retain such money
as may be necessary and sufficient to incur incidental expenses like printing, stationery, typing, postage,
etc.,
(5)
After collecting the share capital
to the extent permitted by the Registrar from the specified number of persons, the chief
promoter shall convene a meeting of the promoters of the proposed society and place the details of the particulars of
receipts and expenditure incurred and
the names of the proposed members from whom share capital is collected. After getting a resolution passed in the
promoters meeting, he shall submit a
proposal to the Registrar
for the registration of the society
in the prescribed application along
with five copies of the bye-laws of the proposed
society and the list of proposed members with their names and addresses. If there is any change in the promoters
list, it can be ratified by the registering
authority. The application shall be signed by each one of the applicants who is
an individual and by a person duly
authorised on behalf of any cooperative society which is an applicant and shall be accompanied by the
prescribed fee.
Rule - 3A.
Application for Registration and Procedure.
(1)
Every application for the registration of a co-operative society under Section
6 shall contain the particulars specified in and be in the form given in Schedule A appended to these Rules. The application shall also mention
the name and address of one of the applicants to whom any communication
may be sent by the Registrar.
(2)
In cases where the application for
registration under Section 6 is signed by a person duly authorised on behalf of any co-operative society, which is one
of the applicants, a copy of the resolution of the committee
of such society giving such authority shall accompany the application.
(2A) Application for registration of a Co-operative Society shall be accompanied by a treasury
challan for having remitted
the registration fee, as specified below.-
|
Sl. No.?? Jurisdiction of the Society
|
Amount of Rs.
|
|
1.
Less than a Taluk
|
500/-
|
|
2. Taluk
and above but less than a District
|
1000/-
|
|
3. District and above
|
2000/-
|
Provided
that in case of co-operative societies all of whose members are persons
belonging to the category of
scheduled castes or the scheduled tribes or the backward classes or the minority communities or women, the
registration fee to be paid shall be fifty percent of the amount
prescribed.
(3)
The Registrar may, for the purpose of
satisfying himself of the matters specified in
Section 7, call for such further particulars or make such inquiry as he may deem necessary. He may permit the applicants, if so desired by them, in writing to make such alterations or additions to the proposed bye-laws
submitted with the application in order to make them conform to the provisions of the Act, and the
Rules thereunder.
(4)
If the Registrar refuses to register a
co-operative society, he shall communicate the order of refusal by registered post to the applicant
mentioned in the application under rule (1).
Rule - 3B. Factors
to be considered by Registering Authority at the time of registration.
The Registering Authority,
while according permission for the collection of initial share capital at the time of registration of a
Co-operative Society, shall consider the following namely,-
(i)
population
in the area of operation of the proposed
Co-operative Society.
(ii) assessment of economic and financial feasibility like collection of share, funds from
?the share holder.
(iii) overlapping of the existing
similar Co-operative Societies.
(iv) whether the draft bye-laws
are in accordance with the provisions of Act and Rules.
Rule - 4. Change
of form and extent of liability.-
(1)
A change in the form or extent of liability
of a Co-operative Society
shall be effected by a resolution passed at a general meeting of the society.
(2)
At least fifteen
days? clear notice of such meeting shall be given to every member of the Co-operative Society, which shall
be accompanied by a copy of the proposed resolution.
Rule - 5. Subject-matter
of bye-Laws.
(1)
The bye-laws of a Co-operative Society shall provide
for the following matters, namely:-
(a) The name and address
of the society.
(b) The area of its operations.
(c) The objects
of the society.
(d) The
manner in which funds may be raised and the maximum share capital which
an individual member may hold.
(e) The nature
and extent of the liability of the members.
(f) The
extent to which the society may borrow funds and the rate of interest payable
on such funds.
(g) The
entrance and other fees to be collected from members.
(h) ?The purposes for which its funds may be applied.
(i) The terms
and conditions of admission of members and their rights
and liabilities.
(j) The mode of holding meetings and of issue of notices.
(k)
The mode of appointment and removal of the
committee and other officers, the duties and powers of the committee
and such officers and their terms.
(l) the disposal of net profits.
(m) the
preparation and submission of the annual statement specified by the registrar and the publication of the same.
(n) the
mode of custody and investment of the funds and the mode of keeping accounts.
(o) The
constitution of an ?agricultural credit stabilization fund? in case of every co-operative society, which facilitates
the operations of affiliated agricultural co-
operative credit societies and which has received financial assistance
from the state government.
(p) In the case of credit societies,-
(i)
The maximum loan admissible per member.
(ii) the maximum
rates of interest
on loans to members.
(iii) The conditions on which loans may be granted
to members.
(iv) The
procedure for grant of loans and advances and for the grant of extension of time for the repayment of such loans and advances.
(v) the
consequence of default in payment of any sums due. And
(vi) the circumstances under which a loan may be recalled.
(q) In
the case of non-credit societies ( including productive and distributive
types), the mode of conducting business,
the procedure to be followed in purchasing and
selling articles, the procedure for stock-taking, the responsibility for the stock of the society,
and other allied matters.
(r) the services to be provided to the members.
(s) the minimum
services or facilities which a member
shall utilize in a year.
(t) the
minimum number of meetings which a member shall attend during the last five years.
(u) the obligations, rights and duties
of the directors and the members.
(v) the constitution of the representative general body, the number of representatives, the mode of election
of the representatives.
(w) the powers,
functions and duties
of the general body.
(x) the manner
of convening general
meetings and quorum thereof.
(y) the manner of convening board meetings, its quorum,
venue.
(z) the frequency
and number of board meetings
in a year.
(aa) the traveling
allowance, daily allowance or such other allowances or fees admissible to the directors, for
attending meetings or for performing
any other function as a director or office-bearer.
(bb) the
conditions and restrictions of the Chief Executive.
(cc) the principal
place and other places of the business of a cooperative society.
(dd) the
education and training programmes for the members, the directors and the employees.
(ee) the
filling up of casual vacancy then two and half years of term of the board through
co-option.
(ff) the submission of returns to the Registrar.
(gg) the
submission of receipts and payments, income and expenditure, profit and loss accounts and the balance sheet as on
the end of the co-operative year along with
other statements and schedules required for the audit to the
auditors.
(hh) constitution of various funds
as required under the Act and
Rules.
(ii) constitution
of on sub-committees by the board."
(2)
A society may make bye-laws for the following matters,
namely.-
(a) The circumstances under which withdrawals from membership may be permitted.
(b) The
procedure to be followed in cases of withdrawal ineligibility and death of members.
(c)
The conditions, if any, under which the
transfer of share or interest of a member may be permitted.
(d) The
method of appropriating payments made by members from whom moneys are due.
(e) The
authorization of an officer to sign documents and to institute and defend suits and
other legal proceedings on behalf of the society.
(f)
The method of recruitment, the conditions of service and the authority
competent to fix, revise or regulate the scales of pay and allowances of
paid officers and employees of the
society and the procedure to be followed in the disposal of the disciplinary cases against
them. and
(g) Whether
the society is to be affiliated to any supervising union or a financing bank or other institution. and if so, the
charges to be paid in respect of such affiliation.
(3) The
bye-laws of a Co-operative Society may provide for such matters not specified
in sub-rules (1) and (2) as are incidental to the organisation of the society and the management of its business.
Rule - 6. Procedure
regarding amendment of bye-Laws.
(1)
Where a Co-operative Society proposes to
amend its bye-laws, no such amendments shall be made save by a resolution passed by a two-thirds majority
of the members present and voting, at a general
meeting of the society.
(2)
No such resolution shall be valid, unless
notice of clear fifteen days of the text of the existing bye-law, the text of the proposed amendment and reasons
therefore" has been given to the members of the society in accordance with the
bye-laws.
(3)
In every case in which a society proposes to
amend its bye-laws, an application shall be made to the
Registrar together with,-
(a)
a copy of the resolution referred to in sub-rule (1),
(b)
such number of copies
of the proposed amendment as may be specified
by the Registrar in this
behalf.
(bb) a treasury challan
or Demand Draft in favour
of the Registrar for having
remitted the fee specified below:-
Jurisdiction of Societies
Amount of fees If the area of operation of a Society
is.-
(1)
less than a taluk
Rs.400/-
(2)
taluk and above
but less than a district
Rs.1000/-
(3)
district and above but less than region Rs.2,OOO/-
(4)
Region and above Rs.5,OOO/-"
(c)
a certificate signed by the presiding Authority
of the meeting, that the procedure specified
in sub-rule (1) and sub-rule (2) and in the bye-laws has been followed. and
(d)
any other
particulars that may be required
by the Registrar in this behalf.
(4)
Every such application shall be made within
sixty days from the date of the general meeting at which
such amendment was passed:
Provided that the Registrar
may condone the delay, if any, for sufficient
cause.
(5)
When the Registrar registers an amendment of
the bye-laws of a Co-operative Society he shall
send a copy thereof to the financing bank, if any, to which the Co-operative
Society is affiliated.
(6)
Where the Registrar proposes any amendment to
the bye-laws of a Co-operative Society under
Sub-Section (5) of section 12, the authority competent to convene the general
meeting shall place such proposal
before the annual
or special general
meeting, as the case may be, and a decision on such proposal shall be
taken at such meeting and the Co-operative Society shall carry out amendment of bye-laws as directed by the
Registrar as per section 12(5)of the Act.
Chapter
III Members of Co-operative Societies Their rights and liabilities
Rule - 7. Procedure
to enforce prohibition of membership in two or more credit societies:-
[ x
x x x x]
Rule - 8.
Admission of members before the general meeting of a society.
No Co-operative Society shall
admit members within
thirty days prior
to the date of its annual general
meeting.
Rule - 8A.
Prohibition of enhancement of share value.-
No Co-operative Society shall
enhance its share value
six months prior to the date of election of the board.
?Rule - 9. Chairman to have a second or casting
vote.
In the event of an equality
of votes, on any matter
other than the election of the member
of the committee or office
bearers, the Chairman of a meeting of a Co-operative Society shall have a
second or casting vote.
Rule - 10. Disabilities
of a defaulting member.
[x x x x x x]
Rule - 11. Appointment
of nominees.
(1)
A member of a Co-operative Society may
nominate a person or persons to whom,
in the event of his death, his share or interest in the capital of the society shall be transferred or the value
thereof or any other moneys due to him from the society shall be paid. Such member, may from time to time, revoke or vary such nomination.
(2) When
a member nominates more that one person in respect of any shares held by him, he shall, as far as practicable, specify
the amount to be paid or transferred
to each nominee in terms
of a whole share.
(3)
A nomination made by a member under this rule
shall not be valid and shall not, in the event
of the death of the member, have effect, unless,- a. it is made in writing and
is signed by the member in the
presence of at least two witnesses. and b. it is registered in the books
of the society kept for the purpose.
Rule - 12. Value
of share of a member
(1)
If a member resigns his membership of a Co- operative Society or incurs disqualification and ceases to be a member under
section 17 or dies or otherwise
ceases to be a member, the sum representing the value of his share or interest
in the capital of the society to be paid to him or his nominee, heir or legal representative, as the case may be, shall
be ascertained in the manner
following:-
(i)
In the case of a society
with unlimited liability, it shall be the actual amount received by the
society ill respect of such
share or interest.
(ii) In
the case of a society with limited liability, it shall be the amount arrived at
by a valuation based on the financial
position of the society as shown in the last audited balance sheet
preceding the resignation, removal
or death, as the case may be:
Provided that the amount so ascertained shall not exceed the actual amount received
by the society in respect
of such share or interest.
(2)
In case of a dispute between a member or his
nominee, heir or legal representative and the
society regarding the value of the share or interest in the share
capital, the decision of the Registrar thereon shall be final.
Chapter
III-A Representative General Body
Rule - 12A.
Representative General Body of a Co-operative Society
(1)
The area of operation of a Co-operative Society for purpose of clause (a) of
sub-section (2) of Section 26 shall be one taluk.
(2) The
number of members of a Co-operative Society for purpose of clause (b) of the
said section be one thousand.
Rule - 12B.
Election for representatives of general body.-
The process of election in a
co- operative society having
representative general body consists of two phases one, the election of the representatives to the
representative general body, known as representative election in the first phase and then the election of
directors to the board known as general election in the next phase. The Co-operative Election
Authority shall appoint
a Returning Officer
for conducting the general
election and as many Assistant Returning Officers as are required for conducting representative elections in
respect of a co-operative society having representative general body.
Rule - 12C.
Number of representatives on the representative general body.-
(1)
Where,-
(i)
the area of operation of a cooperative
society having representative general body in
case of rural area extends to a Taluk or in the case of a city
corporation and above to a assembly
constituency but less than the State, or
(ii)
the number of members
exceeds one thousand, the minimum
number of representatives to be elected, shall be two hundred and maximum number of representatives shall be one
thousand. The number of representatives elected from each area or constituency, shall be as specified in the bye-laws.
(2)
Where the area of operation of a cooperative
society having representative general body extends
to the whole of the State of Karnataka, the minimum number of representatives
to be elected shall be two from
each Taluka. In respect of a city cooperation, there shall be minimum two representatives for each assembly constitutions of the city corporation, if the membership, in a taluk or any assembly constituency within
a City Corporation is less than fifty,
such area shall be attached to the neighboring taluk or assembly constituency
having least number of members
as provided in the bye-laws.
Chapter
IV. Management of Co-operative Societies
Rule - 13. Election
of the members of the (Board) by the general body
(1)
A Co-operative Society may, for the purpose of election of members to the
committee, divide its membership into different groups on a territorial
or any other basis.
(2)
The bye-laws of such a society may specify
the number or proportion of the members of the
committee, who may be elected to represent each such group on the committee and
may specify further that such representatives may be elected,-
(a) by all the members
of the society. constituting a single
electoral college or
(b)
by different smaller
groups of members
of the society to which such directors belong, constituting more than
one electoral college.
Provided, that the number of
directors to be elected from each electoral college at the general election of the board of such
co-operative society shall be as nearly as possible in proportion to the number
of the members in the respective electoral college.
(3)
However, if the bye-laws of a society do not
provide for such electoral colleges as specified
in sub rule (2(b) when the election to the board of directors of the society
are due, the Co-operative Election
(Authority) is competent to determine such electoral college and notify the same and
conduct such elections of the society as per
the notification issued)
Rule - 13A.
Issue of identify card to members.
The Chief Executive shall
issue to every member of the society
an identify card indicating the name of the society,
full name, membership number, age and residential
address of the member. The recent passport size photo of the member shall also the affixed on the identity
card of the society duly signed by him and attested by the Chief Executive
under the seal of the society.
Rule - 13B.
Co-operative Election Commission (CEC)-
(1) ?The Cooperative Election Authority may
formulate guidelines for preparation of the electoral rolls and for the conduct of elections of all co-operative societies in the state.
(2)
Every cooperative society
shall furnish such documents and information which the Co-operative Election Authority may require
from time to time.
(3) The salary and allowances of the Cooperative Election
Commissioner shall,-
(a) if
he is in service, he shall continue to draw the pay and allowances applicable as per his service conditions,
(b) if
he is not in service, he shall be paid a salary drawn with basic pay at 'the last pay drawn of the pay scale applicable to
Principal Secretary or Secretary to the Government from time to time after reducing
the pension amount from total
emoluments drawn.
(c)
the conditions of service relating to the
payment of traveling allowance, house rent allowance, conveyance facilities, sumptuary
allowance, medical facilities, leave facilities shall be as applicable to a Principal Secretary
or Secretary to the State Government. Government shall be competent to sanction his leave.
(4) Then
salary and allowances of the Secretary of the Co-operative Election Commission shall,-
(a) if he is in service, he shall continue to draw the pay and allowances
applicable as per his service
conditions.
(b) [x x x
x x ]
(c)
[x x x x x]
(5) [x x x x x]
(6) The
salaries, allowances, retirement benefits and the terms and conditions of
service (including conduct,
discipline and control)
the officers and other employees
of the co- operative
election (Authority) shall be such as those applicable to the corresponding
caterogy of employees of the State Government.
Rule -
13BB. Appointment of Election Officer-
The Cooperative Election
Authority shall appoint an election
officer for each district/ region/ state as the case may be, for a specified period.
The Election Officer
shall ordinarily be from the Revenue, Department for Federal and Apex
Cooperative Societies and from the Co-operative Department for other societies.
Rule - 13C.
Conduct of general elections to the board. ?
(1)
The Government may advise the Election Authority on the suitability of
dates for conducting elections as per sub section 2 of Section 39-A of the Act for administrative reasons to be recorded in writing.
(2)
Subject to the general superintendence and directions of the Co-operative Election Authority,
the Chief Executive of the society shall prepare electoral roll for election to
the cooperative society.
The list so prepared by the Chief Executive shall be verified
and approved by the Election
Officer.]
Rule - 13D.
Preparation of Electoral Rolls and calendar of events.-
(1) The
Election Officer shall, after due
verification, send a consolidated list of all cooperative societies in the
district where elections are due at
least 120 days before the date of expiry of the term of office of the boards to the Co-operative Election
Authority indicating therein
the following particulars:-
(a) the name and address of
the society.
(b) number of elected directors of the board.
(c)
the date of expiry of the term of office of
the board.
(d)
the proposed places where the elections are to be held or other particulars as required by the Co-operative Election Authority
(2) The
Co-operative Election [Authority]
shall, on receipt of such reports from the District [Election
Officer] containing the list of cooperative societies where elections are due,
publish the calendar of events for
the preparation of electoral rolls and the conduct of elections of the boards of the cooperative societies[x x x
x x ] indicating the name and address of each society and the date and place of election.
(3) The Authority
[Election] Officer
shall take steps,-
(a) for
publication of draft eligible electoral list along with the list of defaulters,
list of members and list of members
whose repayments will fall due well in advance prior to the date fixed
for election and calling for objections.
(b)
for publication of final eligible voters list
on or before fourteen days prior to the date
of election. Provided that the draft list of eligible members and delegates
with right to vote, the list of
defaulters and the list of other members and delegates who are not eligible to vote as also the final list of electoral rolls and
the election calendar shall be
announced on the notice board of the concerned cooperative society, the local panchayat office, the local office of
the department of cooperation, website if any of the cooperative
society
Provided that the draft list
eligible members and delegates with right to vote, the list of defaulters and the list of other members
and delegates who are not eligible to vote as also the final list of electoral rolls and the election calendar shall be
announced on the notice board of the
concerned co-operative society and its branches, if any, the local office of
the department of Co-operation, website
if any of the co-operative society
[x
x x x x x]
(4) [It shall be the duty
of every society to furnish
correct information required
by the election officer to
enable him to approve the electoral rolls as directed by the Co-operative Election
Authority."]
(5) The
chief executive of every cooperative society shall prepare a draft list of the
eligible members or representatives
and delegates with right to vote, the list of members whose repayments will fall due before the date
fixed for publication of final electoral roll and the list of defaulters to the society and list of
other members or representatives and delegates who are not eligible to vote at a general election on the basis of
entries in the updated membership register specifying,-
(a)
the name of the member or representative
admission number, the name of the parent
or husband and the address of such member or representative in the case of an individual member.
(b)
the admission number, the name of the society
the name of the delegate proposed to represent
the society in the case
of a member society. and
submit the said lists to the District Election officer along with the related
books, records and documents
and any other information as the District
Election, Officer may require, at least sixty days
before the date of election.
(6) The
Co-operative Election Authority of the cooperative society shall call upon and
obtain from the member society, the
name of an authorized member of the board of such society as a delegate, together with the resolution
of the board of the said society and the specimen signature of the delegate duly attested and bearing the seal of
the society and furnish all such information under
sub-rule(5).
(7) The final electoral roll shall consist
of the following,-
(a)
all the individual members with right to vote
in respect of a primary cooperative society. or
(b)
all the individual members and the delegates
of the members societies with right to vote in respect of a secondary cooperative society. or
(c)
all the delegates of the member
societies with right to
vote in respect of a federal and an apex society.
(8) The
copy of such electoral roll in respect of each society shall be kept open for
inspection in the office of such society as also
in the office of the
District Election Officer.
(9) The
election calendar of events for general election of directors of the board
shall provide for,-
(a)
date of notification inviting nomination.
(b) last date for receipt
of nomination.
(c)
date and
time for scrutiny of nomination.
(d) date
and time for publication of list of validly nominated candidates.
(e) date and time for withdrawal of nomination papers.
(f)
Date and time for publication list of contesting candidates.
(g) Date
and time for allotment of symbols and publication of contesting candidates with symbols.
(h) Date
and time of poll.
(i)
Date and time of counting and declaration of results.
Rule - 13E.
Returning Officer.-
(1)
For every election of the representatives in
respect of a Co-operative society
having representative general body, or for every general election of the board of every cooperative society
or for every election of the office-bearers of every cooperative society or for an election to
fill a casual vacancy in the office of a representative or a director or an office-bearer of every co-operative society,
in respect of secondary, federal and
apex cooperative societies, the Cooperative election authority, and in respect
of primary cooperative societies, the
election officer shall appoint a returning officer and one or more assistant returning officers as may be
required." shall appoint a returning officer and many Assistant Returning officers as may be
required] shall appo9int a returning officer and one or more assistant returning officers as may be required]
(1A) The Co-operative
Election Authority / The election officer as the case may be shall appoint
returning officers by randomization".
(2)
The following are the
functions of the returning officer,-
(i)
Subject to the supervision of the
Co-operative Election Authority / The Election
Officer as the case may be the returning officer shall prepare and
publish the complete time schedule
for holding election.
(ii) The
returning officer may, in consultation
with the District Election Officer, provide
for sufficient number of polling stations [x x x x x]
(iii)
The returning officer appointed under
sub-rule (1), shall publish a calendar of events
for the purpose of conduct of elections of the directors, at least fifteen
clear days before the date of
election. The notice of the election under the signature of the returning officer or the assistant
returning officer along with the calendar of events shall be sent to all the
eligible members in the
following modes, namely:-
(a)
by ordinary post. or
[(aa) by courier.
or]
(b)
by e-mail
or sms. or
(c)
by local delivery
under proper receipt. and
(d)
by publication in the newspaper
having wide circulation in the area of operation.
(iv)
The notice of election along with the
calendar of events shall also be published on
the notice board of the society and its branches,
if any, and also on the notice boards of the local panchayat, the office of the
returning officer and the office of the District Election Officer. The notice of election shall contain the
following further information regarding. ?
(a) the number
of vacancies to be filled by election.
(b) the area or the constituency (specified in the bye-laws)
from which the directors are to be elected.
(c)
the [eligibility] if any, specified
in the Act, rules or the bye-laws
for being elected
as a member of the
board.
(v)
The Chief Executive of every cooperative
society shall render necessary assistance to the returning officer
in this behalf.
(vi) It
shall be the general duty of the returning officer at any election to do the following
amongst other acts and things as may be necessary
for effectively conducting the election in the manner
provided by these rules.-
(a)
issue notice inviting
the nominations.
(b) receive and scrutinise the nomination papers.
(c)
allot symbols to the contesting candidates.
(d)
publication
of a list of candidates eligible to contest.
(e) make arrangement for polling station/s.
(f)
[make arrangement for appointment of polling personal.]
(g)
make arrangement for ballot box.
(h)
make arrangement for printing of ballot
papers.
(i)
compile results of different polling
stations where necessary.
(j)
declare the result
of an election and issue election certificate thereof.
(vii)
The Returning Officer
shall receive papers from the polling personnel
in connection with connection with the election.
(viii)
The Returning Officer may also take
assistance of the Assistant Returning Officers
and polling personnel as may be required in the discharge of his duties
with the approval of the Co-operative Election Authority/Election Officer as the case may be.
(ix)
The returning officer shall liaise with the
district administration for maintenance of law and order
during election of any cooperative society
within his jurisdiction.
(x) The returning
officer shall send report or returns to the Co-operative Election [Authority], Karnataka
as may be directed by the [Authority]
from time to time.
(xi) All the relevant electoral
records should be preserved in the custody
of the concerned society with proper acknowledgment, but in exceptional cases such documents are required to be kept in the
sub-divisional office if the [Authority]
or returning officer or assistant returning officer orders to that effect.
(xii) The
returning officer shall keep in his custody all documents which he may receive
from the assistant returning
officers or which may be prepared by himself in connection with election of any cooperative society within
his jurisdiction for such period as may be directed by the Co-operative election[Authority].
(xiii) The
returning officer shall perform such other functions as may be entrusted to him
by the Co-operative Election
Commission from time to time.
Rule - 13F.
Appointment of Presiding Officers and Polling Personnel.-
(1)
[the Returning
Officer], shall appoint a presiding officer for each polling station and
such polling officer or officers as he thinks necessary.
(2)
A polling officer shall, if so directed by
the presiding officer, perform all or any of the functions of a presiding officer,
under these rules.
(3)
If the presiding officer, owing to illness or
other unavoidable cause, is obliged to absent
himself from the polling station, his functions shall be performed by
such polling officer as has been
previously authorized by the returning officer to perform such functions during
any such absence.
(4)
It shall be the general duty of the presiding
officer at a polling station to maintain order
there at and to see that the
poll is fairly taken.
(5)
It shall be the duty of the polling officer
at a polling station to assist the presiding officer for such station in
the performance of his
functions.
(6)
Every assistant returning officer shall,
subject to the control of the returning officer, be competent to perform all or any of the functions of the
returning officer as may be assigned to him
by the returning officer or by the Co-operative Election Authority/the Election
Officer as the case may be].
(7)
Under
the supervision and control of the returning officers or the assistant
returning officers, the presiding officer
and the polling
officers shall take poll on the day of election
and immediately after close of the poll, they shall count the votes cast
by the members or representatives/delegates
and prepare the reports / returns as may be directed. They shall also submit the documents
or materials relating
to the election to the concerned returning
officer or the assistant
returning officer.]
[Rule - 14.Notification
of General Election.-
(1) The District
Election Officer shall with the approval of the CEC notify in Form XI the intended
election referred to in Section 39-AA.
(2) The District
Election Officer shall in such notification specify.-
(i)
the last date for making nominations which shall be the [seven] clear day before the date of
election.
(ii) the date for the scrutiny
of nominations, which shall be the day immediately following the last date for making nominations.
(iii) the last date for the withdrawal of candidatures, which shall be the fifth clear day before the date of election.
(iv) the
date on which the poll shall, if necessary, be taken and the hours [between
9.00 am to 4.00 pm] during which the poll shall be taken.
and
(v)
the date before
which the election shall be completed.
(3) (a)
On the issue of the notification under sub-rule (1), the returning officer
shall give a public notice of the
intended election in Form XII by displaying it on the notice board in his office and in the office of the
cooperative society and at such other places as he deems necessary, inviting nominations for such election.
(b) in the said notice, the
returning officer shall specify among other things the last date for receipt of nominations, the place at
which nominations are to be delivered, date of scrutiny of nominations, the last date for
withdrawal of candidature, the date on which a poll shall, if necessary be taken and the hours [between
9.00 am to 4.00 pm]of poll and the date before
which elections shall be completed which shall conform to the dates
notified in that behalf by the District Election Officer under
sub-rule (2).
Rule - 14A.
Presentation of nomination paper.-
(1) On
or before the date appointed for making nominations, each candidate shall in person deliver to the returning
officer/Assistant Returning
Officer [or
the Assistant Returning Officer] at the place specified in this behalf, a nomination paper duly completed in
Form-XIII and signed by the candidate and another member with right to vote as proposer. Such nomination shall
also contain a declaration signed by
the candidate expressing his willingness to stand as a candidate for election
to the board of the society from a general constituency or a constituency
reserved for SCs or STs or Women or Backward Classes.
Provided that no
member/delegate shall be a candidate for more than one constituency and that no member/delegate shall propose more than one candidate from the same constituency.
Provided further that a
nomination paper filed on behalf of a cooperative society shall be accompanied by a resolution of the board
of that society and shall be signed by the candidate himself / herself.
(2) If a,-
(i)
seat is reserved for the backward classes,
scheduled castes, or scheduled tribes, a candidate
shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by
him specifying the particular class, caste or
tribe of which
he is a member and the said
class, caste or tribe is a backward
class, scheduled caste, or scheduled tribe. [who
desires to contest for the seat reserved
for backward classes, scheduled caste and scheduled tribe shall submit a valid caste certificate issued
by the Competent Authority].
(ii) Seat
is reserved for women. the nomination paper shall contain a declaration that the candidate is a woman.
(3) Every
such nomination paper shall be accompanied by a receipt of deposit either by
way of cash or by way of pay order or
demand draft drawn in favour of the cooperative society as specified
below:-
(i)
in respect
of a primary or a secondary society-
Rs.2,000/-.
(ii)
in respect of a federal
or an apex society- Rs.5,000/- Provided that if the candidate belongs to scheduled caste,
scheduled tribes, backward classes and women
group or constituency, the deposit to be paid by him shall be fifty
percent of the amount specified above.
(4) On the presentation of a nomination paper, the
returning officer/Assistant Returning
Officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer as
entered in the nomination paper are the same as those entered in the electoral roll.
(5) The
returning officer/Assistant Returning Officer shall on receiving the nomination
paper, enter on the nomination paper its serial number, date and time of receipt and immediately give
an acknowledgment for having received the same and shall also inform the
candidate of the date,
time and place
fixed for scrutiny of
nominations. The returning officer [or
Assistant Returning Officer] shall, at the close of the time fixed for the receipt of the nomination papers, prepare
and display on the notice board of
the society a list of nominations received by him and also on the notice board
of his office if need be.
Rule - 14B.
Scrutiny of Nominations.-
(1) On
the date fixed for scrutiny of nominations, the
candidates or their proposers, may be present at such time and place as the
returning officer may appoint, and
the returning officer shall provide them an opportunity to give objections within the time and in the
manner laid down in this rule for satisfying themselves about their correctness, eligibility and
completeness.
(2) The
returning officer/Assistant Returning
Officer shall then examine the
nomination papers and shall decide
all objections which may be made to any nomination and may, either on such objection or on his own motion,
after such summary enquiry as he thinks necessary, reject any nomination on any of the following
grounds, namely:-
(i)
that the candidate either is not qualified or
is disqualified for being elected as a director
of the board / representative under the provisions of the Act, the rules and the bye-laws.
(ii) that
the signature of the candidate or the proposer on the nomination paper is not genuine.
Provided that the nomination
of a candidate shall not be rejected merely on the ground of an incorrect description of his name or of the name
of his proposer or of any other
particulars in regard to the candidate or his proposer as entered in the electoral
roll (list of the members/representatives/delegates) if the identity of the candidate or proposer, as the case may be, is established. Provided further that the
returning officer shall not reject any
nomination paper on the ground of any defect which is not of a substantial character.
(iii) that
the nomination paper has been delivered or received after the date and time fixed
for the receipt of the nomination.
(3) The returning
officer/Assistant Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the
same and if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection.
(4) Immediately
after all the nomination papers have been scrutinized and decision accepting or rejecting the same
have been recorded, the returning officer shall prepare a list containing the names
in the alphabetical order in Kannada and addresses as given in the nomination papers of validly
nominated candidates in Form XIV that
is to say candidates whose nominations have been found valid and affix it on
the notice board of his office. A
copy of the said list shall also be published on the notice board of the society
on the same day.
Rule - 14C.
Withdrawal of Candidature.-
(1)
Any candidate may withdraw his candidature by a notice in writing in Form XV signed
by him and delivered in person to the returning officer/Assistant Returning Officer [or
Assistant Returning Officer] at any time after the presentation of the nomination paper but before 3.00 P.M. on the
day following the day on which the nomination
papers have been scrutinised.
(2)
On receipt
of such notice under sub-rule (1),
the returning officer shall note thereon the date and time
at which it was delivered.
(3) No
candidate who has given notice of withdrawal of his candidature under sub- rule (1) shall be allowed to cancel the said notice. A notice of withdrawal of his candidature of a candidate, once given, shall be irrevocable and final.
Rule - 14D.
Preparation of the list of contesting candidates.-
(1) Immediately
after the expiry of the period within
which the candidatures may be withdrawn, the returning officer shall prepare and publish in Kannada language
a list of contesting candidates, that is to say candidates who are included in the list of validly nominated
candidates and who have not withdrawn their candidature within the said period, in Form-XVI. A copy of the said list of the
contesting candidates shall be published on the notice board of the society on
the same day.
Provided that the
Co-operative Election Authority may direct that in any election, the list of contesting candidates may be prepared
in a language other
than Kannada.
(2) The said
list shall contain the names in the alphabetical order in Kannada and the addresses
as given in the nomination papers of the contesting candidates.
(3) Where
a poll becomes necessary, the returning officer shall consider the choice of symbols expressed by the contesting
candidates in their nomination papers and shall allot the symbols
in accordance with rule 14E.
(4) The allotment of any symbol to
a candidate shall be final.
(5) Every candidate
or his proposer shall forthwith
be informed of the symbol allotted to the candidate and be supplied with
a specimen thereof by the returning officer.
Rule - 14E.
Allotment of symbols.-
(1) A
candidate shall choose one of the free symbols other than those symbols which are allotted to recognized political parties
in the State.
Explanation.- For the
purpose of this sub-rule, a recognised political party means every political party recognised by the Election
Commission of India as a National Party or as a State Party in the State of Karnataka under the Election Symbols
(Reservation and Allotment) Order, 1968.
(2) Where
a free symbol has been chosen by only one candidate, the returning officer
shall allot that symbol to that candidate
and to no one else.
(3) Where
the same free symbol is chosen by more than one candidate, the returning
officer shall decide by lot to
which of those candidates that free symbol shall be allotted and shall allot
it to the candidate, to whom the lot falls and to no one else.
(4) The returning
officer shall then prepare and publish a list of validly contesting candidates with symbols containing the names arranged in
alphabetical order in Kannada in Form No.XVI.
Rule - 14F.
Death of a candidate before the poll.
(1) If a candidate for election to the board
from any area or constituency.
?
(i)
dies at any time after 11 a.m. on the last
date for making nomination and his nomination is found valid on scrutiny. or
(ii)
whose nomination has been found valid on
scrutiny and who has not withdrawn his
candidature dies and in either case, a report of his death is received at any
time before the publication of the list
of contesting candidates. or
(iii)
dies as a contesting candidate and a report
of his death is received before the commencement
of the poll, the Returning Officer shall, upon being satisfied about the fact of the death of the candidate and
with the prior approval of the Co-operative Election [Authority] by order announce an adjournment of the poll
to a date to be announced later and send a detailed
report of the facts to the Co-operative Election [Authority].
Provided that no order for
adjourning a poll shall be made in a case referred to in clause (a) except after the scrutiny of all the
nominations including the nomination of the deceased candidate.
(2) The
Co-operative Election Authority shall, on receipt of a report from the
Returning Officer under sub-rule (1),
invite fresh nomination for the said poll from the said area or constituency within seven days of issue of such
order:
Provided that no person who
has given a notice of withdrawal of his candidature before the adjournment of the poll shall be ineligible for being
nominated as a candidate for election after such adjournment.
(3) Where
a list of contesting candidates had been published before the adjournment of the poll under sub-rule (1), the returning officer shall again prepare and publish a fresh list of validly contesting candidates from that constituency
so as to include the name of the candidate who has been validly nominated.
Rule - 14G.
Procedure in contested and uncontested election.-
(1)
If the number of contesting candidates in any area or
constituency is more than the number of seats to be filled from
that area or constituency, a poll shall be taken.
(2)
If the number of such candidates in any
constituency is equal to the number of seats to be filled from that area or constituency, the returning
officer shall forthwith declare all such candidates to be duly elected to fill
these seats in Form XIX as may be
appropriate.
(3)
If the number of such candidates is less than
the number of seats to be filled from that constituency
or place, the returning officer shall declare all such candidates to be duly elected after withdrawal is over in Form
XVII or Form XVIII as may be appropriate and
the District Election
Officer shall, with the approval
of the Co-operative Election Authority call upon the society to elect a
person or persons to fill the remaining seat or seats.
Rule - 14H.
Adjournment of poll in emergencies.-
(1) If at an election, the proceedings at any polling
station or at the place fixed
for the poll are interrupted or obstructed by any riot or open violence,
or if at an election it is not possible to take
the poll at any polling station or such place on account of any natural
calamity, or any other sufficient
cause, the returning officer having jurisdiction over such polling station, or place, shall, with the prior approval of
the Co-operative Election Authority announce an adjournment of the poll from that polling station or place to a
date to be announced later, and where
the poll is so adjourned by a presiding officer, he shall forthwith inform the
returning officer concerned.
Provided that a report or certificate shall be obtained
from the police or Tahsildar
to the effect that the poll has
been interrupted or obstructed by risk
or open violence.
(2) Whenever a poll is adjourned under sub-rule (1), the returning
officer shall immediately report the circumstances to
the CEC, and shall, as soon as may be, with the previous approval of the Co-operative Election Authority appoint
the day on which the poll from that
polling station or place shall recommence, and fix the polling station or place at which and the hours during which
the poll from that polling station or place shall be taken. The returning officer shall not count the votes cast
at such election to the board until such adjourned
poll from that polling station or place shall have been completed.
(3) In
every such case as aforesaid. the Returning Officer shall announce in such manner as the Co-operative Election [Authority]
may direct the date, place and hours of polling fixed under sub-rule (2).
(4) If
the poll at any polling station is adjourned under sub-rule (1), the Returning Officer shall provide the presiding
officer of the polling station at which such adjourned poll is held, with the sealed pocket containing the marked copy
of the electoral roll and a new ballot box.
(5) The
provisions of rules 14 L to 14 O and 14 Q to 14 X shall apply in relation to
the conduct of adjourned poll as they
apply in relation
to the poll before
it was so adjourned.
Rule - 14I.
Fresh poll in the case of destruction, etc., of ballot boxes.-
(1) If at any
election, any ballot box used at a polling station or at a place fixed
for the poll is unlawfully taken out of the custody of the Presiding
Officer or the Returning Officer,
or is accidentally or intentionally
destroyed or lost, or is damaged or tampered with, to such an extent,
that the result
of the poll at that polling station or place cannot be ascertained.
or
(i)
any such error or irregularity in procedure
as is likely to vitiate the poll is committed
at a polling station or at a place
fixed for the poll. the
Returning Officer shall forthwith report the matter
to the Cooperative Election [Authority]:
Provided that a report
or certificate shall
be obtained from the police
or Tahsildar to the effect
that the polling cannot
be continued or counting
of votes is rendered impossible.
(2) Thereupon the Co-operative Election
Authority shall, after taking all material circumstances into account, either-
(i)
declare the poll at that polling station or
place to be void, appoint a day, and fix the
hours, for taking a fresh poll at that polling station or place and
notify the day so appointed and the
hours so fixed on the notice board of the returning officer or the assistant returning officer if any, and on
the notice board of the society, or
(ii)
if satisfied that the result of a fresh poll
at that polling station or place will not, in
any way, affect the result of the election or that the error or
irregularity in procedure is not
material, issue such directions to the Returning Officer as it may deem proper
for the further conduct and completion of the election.
(3)
The provisions of these rules shall apply to every
such fresh poll as they apply to the original poll.
Rule - 14J.
Adjournment of poll or countermanding of election on the ground of booth
capturing.-
(1) If at any
election,-
(i)
booth capturing has taken place at a polling
station or at a place fixed for the poll (hereinafter
in this clause referred to as a place) in such a manner that the result of the poll at that the result of the poll at
that polling station or place cannot be ascertained. or
(ii)
booth capturing takes place in any place for
counting of votes in such a manner that
the result of the counting at that place cannot be ascertained, the returning
officer shall forthwith report the matter to the Co-operative Election [Authority]:
Provided that a report or certificate shall be obtained
from the police
or Tahsildar to the effect that the result of the poll cannot
be ascertained due to booth capturing which has taken place at that polling station or place.
(2) The Co-operative Election Authority shall, on the receipt of a
report from the returning officer under
sub-rule (1) and after taking all material circumstances into account,
either,-
(i)
declare that the poll at that polling station
or place be void, appoint a day, and fix
the hours, for taking fresh poll at that polling station or place and notify
the date so appointed and hours so
fixed on the notice board of the returning officer or the assistant
returning officer if any, and
on the notice board of the society,
or
(ii)
if satisfied that in
view of the large number of polling stations or places involved in
booth capturing, the result of the election is likely to be affected, or that booth capturing had affected counting of
votes in such a manner as to affect the result of the election, countermand the election.
Explanation.- In this rule, the term "booth capturing" includes, among other things, all or any of the following
activities, namely:-
(a) seizure
of a polling station or a place fixed for the poll by any person or persons, making polling authorities surrender the
ballot papers and doing of any other act which
affects the orderly
conduct of elections.
(b) taking
possession of a polling station or a place fixed for the poll by any person or persons and allowing only his or their own
supporters to exercise their right to vote and
prevent others from free exercise of their right to vote.
(c)
Coercing or intimidating or threatening directly
or indirectly any member and preventing
him from going to the polling station or a place fixed for the poll to cast his vote.
(d)
seizure of a place for counting of votes by any
person or persons, making the counting
authorities surrender the ballot papers or voting machines and the doing of anything
which affects the orderly counting of votes.
Rule - 14K.
Manner of voting.-
At every election where a poll is taken, votes shall be given by ballot and all the members or
representatives or delegates voting at an election shall do so in person at the polling station and no v shall be received by proxy.
Rule - 14L.
Ballot paper and ballot box.
(1)
Every ballot paper shall have a counterfoil in Form XVII.
(2)
Serial number of the ballot paper and its
counterfoil shall be printed on the left hand
side on the back of
the ballot paper.
(2A) Separate
ballot paper shall be printed for each constituency
or seat as the case may be, if necessary."
(3)
If two or more candidates bear the same name,
they shall be distinguished by the addition of their residence or occupation or in some
other manner.
(4)
The ballot paper shall contain the names of
the contesting candidates arranged in alphabetical order in Kannada
typewritten, cyclostyled or printed, according
to convenience. The ballot paper shall also bear the seal of the returning
officer or presiding officer with his initials on its
reverse. Further, the ballot paper shall contain a column for the voter to inscribe mark ?x? against the name or names of the candidates to whom
he wants to vote.
(5)
For the purpose of printing of ballot papers,
the returning officer/ Assistant returning
officer shall choose any capable press.
(6)
The returning officer/assistant returning
officer shall arrange the ballot box/ boxes locally. The ballot
box shall be made of tin
or any other metal.
Rule - 14M.
Arrangement at polling stations.
(1) Outside each polling station
there shall be displayed prominently.-
(a) a notice specifying the polling area and the particulars of the voters (members
/representatives/delegates) entitled to vote at the polling
station. and
(b)
a copy of the
list of contesting candidates.
(2) At
each polling station, there shall be set up one or more voting compartments in
which the voters can record their votes
screened from observation.
(3) The
returning officer shall provide at each polling station a sufficient number of
ballot boxes, copies of the electoral
roll, ballot papers, instruments for stamping the distinguishing mark on the ballot papers and articles
necessary for the voters to mark the ballot papers, and such other materials as are necessary for the conduct of the poll.
(4) Canvassing or soliciting of votes during the conduct of election shall be strictly
prohibited within one hundred
meters from the polling station or the place of polling.
Rule - 14N.
Admission to the polling stations.-
The presiding officer shall
regulate the number of voters to be admitted
at any one time inside the polling station and shall exclude there from all persons other than-
(a) polling officers.
(b) public servants
on duty in connection with the election.
(c)
persons authorized by the District
Election Officer and the Co-operative Election Authority
(d)
either the
candidate or his authorised agent
(e) a
child in arms accompanying a member.
(f)
a person
accompanying a blind or infirm voter
who cannot move without help.
(g) such other persons as the returning
officer or the presiding officer may employ for
the purpose of election.
Rule - 14O.
Identification of voters.-
(1) A
register shall be kept at the place of election and every voter shall before affixing his signature in the register
kept for the purpose produce identity
card issued under Rule 13 and then sign in the register and proceed to secure
the identification slip.
(2) As
each voter enters the polling station, the presiding officer or the polling
officer authorized by him in this behalf shall check the voter?s
name and other particulars with the
relevant entry in the electoral roll and then call out the serial number, name
and other particulars of the
elector.
(3) In
deciding the right of a person to obtain a ballot paper, the presiding officer
or the polling officer, as the case
may be, shall overlook merely clerical or typing or printing errors in an entry in the electoral roll
if he is satisfied that such person is identical with the voter
whom such entry relates.
Rule - 14P.
Preparation of ballot boxes for poll.
(1)
Immediately before the commencement of the poll, the presiding officer shall
demonstrate to the candidates that the ballot box is empty and bears the labels.
(2)
The ballot box shall then be closed, sealed and secured and placed in full view of the presiding officer
and the candidates.
(3)
Where a seal is used for securing a ballot
box, the presiding officer shall affix his own
signature on the seal and obtain thereon the signatures of such of the
candidates present as are desirous of affixing the same.
(4)
Every ballot box used at a polling station
shall bear labels, both inside and outside,
marked with,
(a) The serial
number, if any, and the name of the constituency/class.
(b) the serial number and name of the polling
station.
(c)
the serial number of the ballot box (to be filled in at the end of the poll on the label outside
the ballot box only). and
(d)
the date of poll.
Rule - 14Q.
Issue of ballot papers to the voters.
(1)
Every ballot paper before it is issued to a voter, and the counterfoil attached
thereto shall be stamped on the back with such Society's seal with signature of retuming officer as the voter may direct, and every ballot paper, before it is
issued shall be signed in full on its back by the presiding officer.
(2) At the time of issuing a ballot paper
to a voter, the polling
officer shall,
(a) record on its counterfoil the electoral roll number of the voter and obtain his signature or thumb impression
on the said counterfoil.
(b) mark
the name of the voter in the electoral roll to indicate that a ballot paper has been issued to him, without, however, recording
therein the serial number of the ballot paper issued to that voter.
Provided that no ballot
paper shall be delivered to a voter unless he has put his signature
or thumb impression on the counterfoil of that ballot paper.
Provided further
that all the voters who have obtained
identification slips by producing
the identity card before the time fixed for closing the poll and who are
present at the polling station shall
be issued a ballot paper and allowed to vote.
Rule - 14R.
Maintenance of Secrecy of voting within the polling station and voting
procedure.-
Every elector, to whom a
ballot paper has been issued, shall maintain secrecy of voting within the polling station and for the purpose observe the voting
procedure laid down by
Co-operative Election
Authority.
Rule - 14S.
Recording of votes of blind or infirm voters.-
(1) If
the presiding officer is satisfied
that owing to blindness or other physical infirmity, a voter is unable to
recognize the symbols on the ballot
paper or to make a mark thereon without assistance, the presiding officer
shall permit such member to take with him a companion of not less than eighteen
years of age to the voting compartment for recording
the vote on the ballot paper on his behalf
and in accordance with his wishes, and, if necessary, for folding the ballot
paper so as to conceal the vote and inserting it into the ballot
box.
Provided that no person
shall be permitted to act as the companion of more than one voter at any polling station
on the same day. Provided
further that before any person is permitted
to act as the companion of a
voter on any day under this rule, the person shall be required to declare that he will keep secret, the vote
recorded by him on behalf of the voter and that he has not already acted as
the companion of any other
voter at any polling station
on that day.
(2) The
presiding officer shall keep a record in this respect as provided below,- Statement of Illiterate, Blind and Infirm Voters Election of the directors
of (name of the cooperative society)
|
SL.No.of the
Voter
|
Full name
of
Voter
|
Full name
of
Companion
|
Address of
Companies
|
Signature of
Companion.
|
|
|
|
|
|
|
|
|
|
|
|
|
Signature of the P.O.
Rule - 14T.
Closing of poll.
After the polling is over,
(i)
the presiding officer shall close the polling
station at the hour fixed in that behalf and
shall not thereafter admit any member into the polling station. Provided
that all the members present at the polling station Provided that all the members present
at the polling station before it is closed shall be allowed
to cast their votes.
(ii)
If any question
arises whether a member was present at the polling
station before it was closed, it shall be decided by the presiding officer and his decision shall be final.
Rule - 14U.
Sealing of ballot boxes after the poll.
(1)
As soon as practicable after the closing of the poll, the presiding officer shall
close the slit of the ballot box, seal up the slit and thereafter the ballot box shall be sealed and secured.
(2)
Where it becomes necessary to use a second
box by reason of the first ballot box getting
full, the first ballot box shall be closed, sealed and secured before any other
ballot box is put into use.
Rule - 14V.
Account of ballot papers.
The presiding officer shall,
at the close of the poll, prepare a ballot paper account in Form XVIII and enclose
it in a separate cover with the words ?Ballot Paper Account? super scribed thereon.
Rule - 14W.
Sealing of other packets.
(1) The
presiding officer shall then make into separate packet-
(a)
the marked
copy of the electoral roll.
(b)
the counterfoils of the
used ballot papers.
(c)
the ballot
paper signed in full by the presiding officer but not issued to the members.
(d)
any other ballot
papers not issued to the voters.
(e)
the ballot papers cancelled for violation of voting procedure.
(f)
any other cancelled ballot papers.
(g)
any other papers directed by the CEC to be kept in a sealed packet.
(2) Each
such packet shall be sealed with the seal of the presiding officer and with
seal either of the either the
candidate or his authorized agent who may be present at the polling station and may desire
to affix his seal thereon.
Rule - 14X.
counting of votes.
(1) After the polling is over, the presiding officer/polling officer shall close the poll and deliver the sealed ballot box
to the returning officer who shall arrange for counting of votes immediately. Votes shall be counted by or under the
supervision of the returning officer or the assistant returning officer. Each
candidate or his authorised agent
shall have a right to be present at the time of counting. But the absence of any candidate or his
agent at the time of counting shall
not vitiate counting or announcement of results by the returning officer. The CEC has to issue guidelines in this regard.
(2)
After the counting of all ballot papers
contained in all the ballot boxes used in an co- operative society has been completed, the returning officer
shall make the entries in a result sheet in Form-XXI and announce the particulars.
Rule14Y. Declaration
of result of election and returns to CEC.
(1) After the counting is over-
(i)
the candidate who has secured the largest number of valid votes shall be declared as elected.
(ii)
If equality is found to exist between the
candidates to be declared elected, the Returning Officer
shall forthwith decide
between these candidates, by drawing lots and
the candidate in whose favour the lot falls shall be considered to have
received an additional vote.
(2) After
the completion of the counting of votes, the Returning Officer shall declare
the result of the elections
immediately and publish the list of elected candidates on the notice board of his office and also on the notice
board of the society and deliver a copy of it to the Chief Executive of the society
on the same day in Form XXII. He shall immediately thereafter record the proceedings of the
election in a comprehensive report which shall form part of the election records
and shall be binding on all. The returning officer
shall immediately also furnish
a copy of such a report together with a copy of the return of the results of polling to the chief executive
of the society and send signed copies thereof to the District Election
Officer and the CEC.
Rule - 14Z.
Grant of certificate of election to the elected candidate.
As soon as may be after a candidate has been declared to be
elected by the returning officer, the returning officer shall grant to such candidate a certificate of
election in Form XXIII and obtain from the candidate anacknowledgement of its receipt duly signed by him and immediately send the acknowledgement to the District Election Officer.
Rule - 14AA.
Election expenses.
All expenditures like stationary, printing, postage, Xeroxing,
fax, rent for the ballot boxes, indelible
ink, police security
and such other items of expenditure related to the election of representatives or directors of a cooperative society shall be
borne by the society. Expenditure towards preparation of electoral roll, the
travelling and other allowances and also remuneration payable to the returning officer,
assistant returning officer,
presiding officer and other polling personnel shall also be borne by the society
itself at such rates as may be fixed by the CEC from time to time.
Rule - 14AB.
Custody of ballot boxes and papers relating to election.
(1) All
ballot boxes used at an election
shall be kept in such custody as the in the custody of the chief executive of such
Co-operative Society.
(2) Chief Executive
Officer shall keep in safe custody.
(a)
the packets of unused ballot
papers with counterfoils attached thereto.
(b)
the packets of unused ballot
papers whether valid or rejected,
(c)
packets of
counterfoils of used ballot papers.
(d)
the packets
of the marked copy of the
electoral roll. and
(e)
the packets of the declaration by voters and the attestation of their signatures, and
(f)
all other papers relating to election.
Rule14AC.
Production and inspection of election papers.
(1) While
in the custody of the returning officer,-
(a)
the packets of unused ballot
papers with counterfoil attached thereto.
(b)
the packets of used
ballot papers whether valid or rejected.
(c)
packets of
counterfoils of used ballot papers.
(d)
the packets
of the marked copy of the electoral roll and
(e)
the packets of the declaration by voters and the attestation of their signatures.
shall not be opened and
their contents shall not be inspected by or produced before, any person
or authority except under the orders of a competent
court.
(2) Subject to such conditions and to the payment
of such fee as the CEC may direct.
(a) all other
papers relating to the election shall be open to public inspection. and
(b)
copies thereof shall on application be furnished.
(3) Copies
of the returns forwarded by the returning officer shall be furnished by him on payment of a fee of two rupees for each such copy.
Rule - 14AD.
Disposal of election papers.
Subject to any directions to
the contrary given by the CEC or
by a competent Court,-
(a) the
packets of unused ballot papers shall be retained for a period of six months
and shall thereafter be
destroyed in such manner as the
CEC may direct
(b)
the other packets,
shall be retained
for a period of one year and shall thereafter be destroyed.
Provided that packets containing the counterfoils of used ballot
papers shall not be destroyed
except with the previous approval of the CEC.
(c)
all other papers relating to the election
shall be retained for such period as the CEC
may direct.
Rule - 14AE.
Return or forfeiture of candidate?s deposit.
(1) The
deposit made under rule 14A shall
either be returned to the person making it or his legal representative or be
forfeited to the cooperative society.
(2) Except in cases mentioned
in this rule, the deposit
shall be returned
as soon as practicable after the
result of the election is declared.
(3) If
the candidate is not shown in the list of contesting candidates or if he dies
before the commencement of this
poll, the deposit shall be returned as soon as practicable after the publication of the list or after the death, as the case may be.
(4) Subject
to the provisions of sub-rule (3), the deposit shall be forfeited if at an
election where a poll has been taken
the candidate is not elected and the number of valid votes polled by him does not exceed one sixth of the total number of
valid votes polled by all the candidates divided by the number of members to be elected.
Provided that in the case of
a candidate belonging to backward classes, scheduled castes, the scheduled tribes or women, the deposit shall not be
forfeited unless the number of valid votes polled by him/ her is less than one tenth of the total number
of valid votes polled.
Rule - 14F.
Report of casual vacancy in a cooperative society.
When a casual vacancy occurs in the office of a representative
or director the chief executive of the cooperative society shall give notice of such vacancy within seven days from
the date of if the remaining term of
the office of the board is more than half of its original term to the CEA The CEA shall conduct elections within sixty days from the date it being
notified about the occurrence of any
casual vacancy in the office of a director or representative of a cooperative
society to fill up such casual vacancy in the manner provided in these rules.
Rule - 14AG.
Election of the office-bearers.
(1) The
Returning Officer appointed for the conduct
of general election of directors to the board shall be the Returning Officer
for the conduct of election
of the office bearers also.
(2) Whenever
a casual vacancy occurs in the office of the President or Vice-President, or any other office bearers, the Chief
Executive shall send a communication to the CEC conveying the occurrence of such vacancy within seven days from
the date of occurrence of the
vacancy. The CEC shall take steps for conducting election to fill up the casual vacancy in the office of the President or
Vice President or any other office bearer as the case may be, and appoint a returning officer for the purpose of
the conducting election to till casual vacancy.
(3) The
Returning officer/Assistant Returning Officer, appointed under sub-rule (1) or sub-rule (2), shall within fifteen days, from the date of constitution or deemed constitution of the board after a general election
of the board or from the date of appointment as per sub-rule(2) convene a
meeting of all the directors for electing the
chairperson/President, Vice Chairperson /Vice-President and such other
office-bearers as are required to be
elected under the byelaws of the
co-operative society. The meeting shall
be convened by giving a notice of seven clear days sent by registered post, or personal
delivery under acknowledgement indicating the date, time and venue
of meeting.
(4) Not
less than two hours before the time fixed for the meeting for the election of President or Vice-President or any other office-bearers,
any member of the board desirous of
being elected as the president or vice president or any other office-bearer, as
the case may be, may submit his
nomination by delivering the nomination paper in Form XXIV to the Returning Officer. Such nomination
shall be proposed by another member
of the board eligible to do so and seconded by a third member
of the board eligible to do
so.
(5) No
director shall propose or second under sub-rule (4) more than one candidate for the office of the President or vice-President or
any other office bearer of the society.
Provided that if any
director has proposed or seconded more than one candidate for the office of the President or Vice-President
or any other office bearer of the society, the
nomination which is received first shall be considered for scrutiny.
(6) The Returning
Officer appointed under sub-rule (1) shall preside over the meeting of the board convened for the purpose
of electing the office bearers or filling up the casual vacancy in the office of the President or Vice President
as the case may be.
(7) After
the commencement of the meeting, the Returning Officer shall scrutinize all such nomination papers and shall read out
to the directors present at such meeting, the names of the directors who in his opinion have been duly nominated,
together with those of the proposers and the
seconders.
(8) Any
candidate may withdraw his candidature by notice in writing duly signed by him and delivered to the Returning Officer
within thirty minutes after the scrutiny of the nomination papers.
(9) The notice
of withdrawal shall be given
in writing by the candidate in person.
(10) No director who has given a notice of withdrawal of his candidature under sub-rule (8) shall be allowed to cancel the notice of withdrawal
(11) The Returning
Officer shall, on being satisfied as to the genuineness of the notice of withdrawal and the identity of the
director delivering it under sub-rule (9) read out to the directors
present at such meeting the name/names of the person/
persons withdrawing his/their
candidature.
(12) After
the time fixed for withdrawal is over, if for any office for which election is to be held, the number of candidates who have been validily nominated
and have not withdrawn
their candidature in the manner and within the time specified, does not exceed
the number of candidates to be
elected for that office, the Returning Officer shall forthwith make a declaration that the validly nominated
candidate shall be deemed to have been elected for that office.
(13) If
the number of validly nominated candidates for any office exceeds the number of candidates to be elected for that
office, the Returning Officer shall proceed to
take a poll by secret
ballot as hereinafter provided.
(14) The
votes shall be taken by secret ballot and the directors voting for and against any candidate shall record their votes in the ballot
papers supplied to them.
(15) Any director
present at the meeting may refrain from voting if he so chooses to do.
(16) After
the voting by all the directors present and wishing to vote is over, the Returning Officer shall count the votes
and declare the candidates who have secured the highest number of valid votes to have been duly elected.
(17) When
an equality of valid votes is found to exist between any two or more candidates and the addition of one vote will entitle any of those candidates to be declared elected, the
Returning Officer shall forthwith decide
between those candidates by lot in such manner as he may determine and proceed
as if the candidate on whom the lot falls has received an additional
vote. He shall thereafter declare the candidate on whom
the lot falls to have been
duly elected.
(18) The
Returning Officer shall cause a record of the minutes of the meeting which shall contain the names of all the members
present. The minutes shall be signed by the Returning
Officer, the chief executive as also the directors present and wishing to sign.
The minutes shall be made available
to any member for inspection
(19) The
Returning Officer shall immediately thereafter record the proceedings of the election in a comprehensive report which
shall form part of the records of the election and shall be binding on all. The Returning Officer shall also
furnish a copy of such a report together
with a copy of the return of the results of the polling to the chief executive
of the society and send a report to the District Election Officer and CEC.
(20) After
declaration of the result of election, the Returning Officer shall hand over the ballot papers and records
relating to the election of the office-bearers to the chief executive
of the society in a sealed cover. These shall safely be preserved by the chief executive of the society for a period of
six months from the date of election or till such time a dispute or an appeal regarding the election, if any, filed is
disposed of whichever is later and shall thereafter be destroyed.
Rule - 14AH.
Elections to the first board after registration.
The provisions of Rules 13 B
to 13 G and 14 to 14 AG shall,
mutatis mutandis, apply to the election of the first board after registration of a society.
Provided that no list of defaulters
as contemplated under Rule 13E(7) is required to be published.
Rule - 14AI.
Election of the office.
bearers in the first
board.?The provisions of Rule 14AG shall
mutatis mutandis apply to the election of the office bearersb of the first
board of the society after registration.
Rule - 14AJ.
General meetings.
(1)
The board of a co-operative society may, at
any time, call a general meeting
of its general body.
Provided that one such
meeting known as annual general meeting shall be held within the twenty fifth
day of September every year to transact the business stated
in Section 27.
(2) The
chief executive, after the board decides the date and time of the general meeting
to be convened, shall convene the
annual general meeting by giving a notice of at least fifteen clear days as specified in the bye-laws.
However in the case of exigency, a special general meeting may be convened by giving a notice of atleast
ten clear days in writing. The
notice may be sent in the following modes, namely:
(a) by ordinary
post. or by bulk post or by courier
(b)
by e-mail,
sms. or
(c)
by local delivery
under proper receipt. and
(d)
by publication
in the newspaper having wide circulation in the area of operation.
(3) When
a special general meeting is called by the Registrar or any person authorised by him under sub-section (3) of Section
27 or a special general meeting under sub-section (2) of Section 28, he
may determine-
(i)
the period of notice of such meeting which shall not be less than ten clear days, as the case??????? maybe.
(ii)
the time and place of such
meeting. and
(iii)
the subjects to be considered in such meeting.
(4) The Registrar
or any person authorized by him
may preside over such meeting.
(5) The
meeting notice shall clearly state the place, date, time and agenda of the meeting. The Chief Executive shall send
detailed notes on each of the subjects in the agenda including a copy each of the audited balance-sheet, profit and
loss account, together with the auditor?s
report thereon relating to the preceding year, a report on the follow up action
taken by the board on the audit
report for the preceding year and the proposal to amend the bye- laws if any with the text of the proposed
amendment along with the notice of the meeting. However the chief executive should also make available at the
office the detailed notes on all the
subjects in the agenda and complete auditor's report relating to the preceding
year, to the members who are
desirous of such information.
(6) The
quorum for the general meeting shall be the attendance of ten percent or thousand
in numbers which ever is less of
the total number of members with right to vote of the general body of the co-operative society.
No business shall be transacted at any general meeting unless there is a quorum
at the time when the business of the meeting
is due to commence.
(7) If there is no quorum within an hour from the time fixed for the meeting, such
meeting shall be adjourned.
Provided that a meeting which has been convened
on the requisition of the members shall not be adjourned
but dissolved.
(8) If
at any time during the meeting when any business is being transacted sufficient number of members are not present to form
the quorum, such business shall not be transacted and the chairperson or the member presiding over the meeting, on
his own or on his attention being
drawn to this fact, shall adjourn the meeting and the business that remains to
be transacted at this meeting, if
any, shall be disposed of in the usual manner at the adjourned meeting.
(9) When the meeting
is adjourned under either sub-rule (6) or subrule (7), the adjourned meeting shall be held on that day itself or
at such place and on such date and time as may be fixed by the chairperson of the meeting
within seven days from the date of adjournment. In such an adjourned
meeting, no subject other than those
listed in the agenda of the meeting
adjourned shall be discussed and the decisions taken. Even for the adjourned
meeting, there shall be the required quorum for consideration of the subjects.
(10) The
business which could not be considered at the meeting so adjourned for want of quorum shall be brought before and
disposed of at a meeting so fixed or at any subsequent meeting at which
there is a quorum.
(11) All decisions
shall be taken by a simple majority of the members present in the general
meeting unless stated otherwise in the Act, the rules or the bye-laws. When there is an equality
of votes for or against
a decision on any subject
other than election,
the chairperson of the meeting
shall have a second or casting vote.
(12) If
for any reason, the president or the chairperson is unable to attend the
meeting of the general body, the
vice-president or the vicechairperson, or in his absence, any other member of the board elected by the
directors present at the meeting from among themselves shall preside over the said
meeting.
(13)
The chief executive shall record the minutes
of the proceedings of the meeting truly
and accurately as per the deliberations in the meeting in the book kept for the
purpose with its pages consecutively numbered. When any member expressed
dissent in the deliberation
on any subject, the Chief Executive shall record the same truly and accurately. The minutes of the meeting shall contain a
fair and correct summary of the deliberations
thereat.
(14) The
proceedings of each meting so recorded by the chief executive shall be signed
by him and the chairperson of the meeting.
(15) The chief executive shall send a certified copy of the minutes of the meeting
to all the members, the Registrar and the
financing bank within thirty days from
the date of such meeting and publish a certified copy on the notice board of the co-operative society.
(16) The books containing the minutes of the proceedings
of any meeting shall-
(a)
be kept
at the registered office of the co-operative society. and
(b)
be open during business hours, to the inspection of any member of the co- operative society.
Rule - 14AK.
Board Meetings.
(1) The board may meet as and when required for transacting the business stated
in Section 28C of the Act, or
the byelaws.
Provided that the interval
between two consecutive meetings of the board shall not exceed
three months.
(2) The
chief executive shall convene a meeting of the board, in consultation with the chairperson or president of the
co-operative society, by giving a notice of at least seven clear days as specified in the bye-laws. In
exigencies, a meeting of a board may be convened by giving a notice of at least of three clear days. The notice may
be sent in the following modes, namely:
(a) by speed post. or
(b) by courier. or
(c)
by local delivery
under proper receipt
(3) The
notice shall state clearly the place, date, time and agenda of the meeting. The Chief Executive shall send detailed notes
containing the pros and cons, the provisions of law if any and the
financial implications on each subject on the agenda along with such notice.
(4) The
number next to fifty per cent of the strength of the board as specified in the bye-laws
shall form the quorum for a meeting
of the board. the members
who are all attending the meeting shall sign in the Book kept for the purpose
before commencement of the board meeting. If there is no quorum at the time
of transacting any business in any meeting of the board, no such business shall be transacted.
(5) The
provisions of sub-rules (6) to (10) and (12) to (15) of rule 14AJ shall,
mutatis mutandis apply
to the board meetings.
(6) Normally
no subject other than those listed in the agenda shall be taken up for discussion. However, if there is no
sufficient time to wait for the decision on any subject in the next
meeting of the board, such subject may be taken up for discussion and decision as an additional subject with the
permission of the Chairperson of the meeting
after giving necessary notes on such subject to all the directors and after
discussion and decision on all the
subjects listed on the agenda. Provided that no subject relating to the following
matters shall be taken
up for discussion and decision as additional subject, namely
a)
election of
directors.
b)
election of office-bearers.
c)
filling up
the post of a director by co-option.
d)
filling up
the post of a casual vacancy of a director by cooption.
e)
imposition
of penalties against
the employees. and
f)
any subject involving financial implication.
Further provided
that no additional subject is placed without relevant additional
agenda notes.
(7) The
board shall not take any decision which is contrary to the provisions of the Act, the Rules or the bye-laws or
detrimental to the interest of the co-operative society. The directors shall be jointly and severally
liable for any decision taken contrary to the provisions of the Act, the Rules or the bye-laws or any decision
detrimental to the interest of the co- operative society.
(8) The
Chief Executive shall record the minutes of the meeting truly and accurately as per the deliberations. The
proceedings of each meeting in the minutes book shall be signed by the chief executive and the chairperson
of the meeting. The minutes of the meeting shall contain a fair and correct
summary of the proceedings
thereat.
(9) When
any director expresses dissent in the deliberations on any subject, the Chief Executive shall record the same truly and
accurately as per the deliberations in the minutes of the meeting. The minutes of the meeting so recorded and signed
shall be sent to all the directors within seven days from the date of meeting.
(10) If
any director has any objection relating to recording of any decision on a subject on the ground that the said
decision has not been recorded as per the decision taken in the meeting or the said subject was not
discussed in the meeting, he shall communicate his opinion within three days from the date of receipt of the
minutes of the meetings. In the event of
a majority of the directors communicating such objection on any decision, the
Chief Executive shall not implement
such decision but shall place the same in the next meeting
of the board.
(11) If
for any reason, the president or the chairperson is unable to attend the
meeting of the general body, the
vice-president or the vice chairperson, or in his absence, any other member of the board elected by the
directors present at the meeting from among themselves shall preside over the said meeting.
(12) Where
in any meeting of the general body or board of a cooperative society, another
co-operative society is to be represented, such cooperative society
shall be represented in such meeting only through
chairperson or president or a member of the board duly authorized by the board of such co-operative, as the case
may be and where there is no board of
such co-operative society, for whatever reasons, through the administrator or
the special officer of such
co-operative society.
Rule14AL.
Reservation in favour of S.C. / S.T.s, Women and Backward Classes on the
board.-
Where the board of a
cooperative society is elected on area/ constituency basis, the constituencies where reservation of seats shall be
provided for in favour of S.C. / S.T.s,
Women and Backward Classes on the board shall be decided in the Annual General Meeting preceding the date of the general
election of the board and shall be subject to such guidelines as may be issued by the Government in this behalf. It
shall be ensured that the reservation of seats shall be so rotated that all the constituencies are covered under reservation in a phased
manner.
Provided that if in a
constituency reserved for SC, ST, Women or Backward Classes a member belonging to that caste or class
or category residing within that constituency is not available, a member from any other constituency but within the
area of operation of the society may contest
from that reserve constituency.
Rule - 14ALA.
Rotation of backward classes seats.
Two seats reserved for
backward classes shall be
filled up as following, namely,-
(i)
all the seats
for the first term shall
be filled by candidates from category 'A'and
(ii)
all the seats for the second and third term shall be filled by candidates from category 'A' and
'B'and
(iii) all the seats
for the fourth term-shall be
filled up by candidates from category 'A' . and this
process shall be continued
sequentially.
Provided that the Registrar of Co-operative Societies
shall issue clarifications /directions /Instructions in this regard,
if necessary."
Explanation:- Backward
classes consisting of category "A" and "B" means as
prescribed m Kamataka Panchayat Raj Act.]
Rule - 14AM.
Powers and Functions of the chief executive-
(1) In
addition to the powers stated in
sub-sections (4) and (5) of Section 29G, the chief executive shall have the
following powers and duties-
(1)
furnish to the board periodical
information necessary for apprising the operations and functioning of the society.
(2)
present the draft annual report and financial
statements for approval of the board within thirty
days of the closure
of the cooperative year.
(3)
be responsible
for the general conduct, supervision, control and management of the day to
day business and affairs of the society.
(4)
be responsible for the general supervision
and control over the employees of the society
including the power to sanction leave, to impose any punishment or suspend them.
Provided that, where the
power of keeping the employee under suspension pending enquiry or imposing any punishment is not conferred expressly on
him under the bye-laws or the service
regulations of the society, such suspension or punishment shall be imposed with the approval
of the board
(2) Arrange for proper maintenance and custody of cash balance,
stock and other properties of the society.
(3) Pay all costs
of management and working expenses
out of the funds of the
society. ?
(4) Issue
notices for meetings of the general body, board and subcommittees if any, along with the agenda
and the notes on each subject in the agenda.
(5) Remain
present in all meetings of the general body, the board and sub committees, if any, and produce all the papers and
information required at such meetings and sign, along with the chairperson, the minutes of such meetings.
(6) Present
the annual financial statements for the previous year along with schedules, returns and other statements for audit
with the approval of the board before the auditor or auditing firm within thirty days of the closure of the cooperative year.
(7) Place
before the board the reports of audit under section 63, inquiry under section
64 and inspection under section 65
along with actions that may be taken to rectify the defects or remedy the irregularities noted in the
said reports.
(8) Send
the reports of compliance on the rectification of the defects and remedying of the irregularities noted in the said
reports after approval by the board and continue to send such rectification reports to the Director of cooperative
audit or the Registrar, as the case
may be, periodically till all such defects are rectified and such
irregularities are remedied,
(9) Institute,
defend, conduct, compound or abandon any suit or other legal proceedings by or against the society and enter into
compromise or arbitration with the creditors
and debtors of the society with the
approval of the board.
(10) If
any director of the cooperative society is eligible to continue in his post,
under the Act, rules and bye-laws it
has to report to the jurisdictional Registrar within thirty days.
(11) Submit
such information, reports and returns concerning the affairs of the society as may be required by the Registrar from time to time:
(12) In respect
of an apex society, the chief executive -
(i)
shall have power to transfer
the employees in consultation with the chairperson.
(ii)
may place an employee under suspension, where a disciplinary enquiry into the charges
against him is contemplated or pending.
(13) When
the post of the Chief Executive is vacant or during his absence on leave, the current
routine powers and duties of the chief
executive shall, be performed by the officer
next below him].
(14) If
any decision or resolution is taken by the board of a Co-operative Society in
clear contravention of the Act, Rules
or byelaws, such decisions shall not be carried out and the Chief Executive shall report
the matter to the jurisdictional Registrar].
Rule - 15.(1)Remuneration
payable to the administrator and special officer-
Any officer or employee
of the Government or a Cooperative organization may be appointed
as administrator or special officer of a cooperative society of the Act-
(i)
if he is appointed on full time basis, his
pay and other allowances shall be borne by the
cooperative society. The service rules applicable
to him in the department or organization shall
continue to govern
his service as special officer of the society.
(ii)
if he is appointed as administrator/special
officer in addition to his regular post, he shall
be paid remuneration at the rate of ten percent of his basic pay out of the
funds of the cooperative society. The service rules applicable to him in the department or organization shall
continue to govern his service as administrator/ special officer of the society.]
Rule - 16.Disqualification
for membership of committee.
[x x x x x ]
Rule - 17. (1)Officers
and employees of Co-operative Societies qualifications, etc:
(1)
Subject to the budget allotment
sanctioned by the General Body, the Managing
Committee of the Co-operative society shall from time to time determine
the strength of the establishment of
the Co-operative society keeping in view the work load and the Business requirements of the Co-operative society and the scale of pay and other allowances admissible to each employee of the establishment thereof with
reference to the financial position of the Co-operative society:
Provided that in respect of
a Co-operative society which is under loss continuously during the preceding three years or where there is an
accumulated loss or where the ratio of establishment
expenditure to the working capital or turn over as at the end of preceding
three years exceed two per cent, [prior
approval of the prior approval of the Government shall be obtained for any such determination and prior approval of Registrar
shall be obtained for increase in the scale of pay and
other allowances ]
Explanation- For the purpose
of sub-rule (1)
(a) Establishment expenditure means all expenses
on salary, allowances, traveling expenses,
leave salary, gratuity, provident fund contributions and such other related expenses
of all the employees of the Co-operative society.
(b) Working
capital means, total of paid up share capital, reserve fund, other funds, deposits, borrowings and unappropriated
profits of a Co-operative Society as have not
been invested in buildings and
other fixed assets.
(c)
Turnover means sales during the year inclusive
of credit sales and sales on commission basis provided that in case of
sale of controlled commodities under Public Distribution System
of Government, fifty percent of such sales is excluded
from the sales
turnover:
Provided that whenever any
new post is created or any enhancement of allowances done or any revision of pay scales effected in any
Co-operative society the Chief Executive of such Co-operative Society shall send a factual report to the
Registrar along with complete details regarding
the financial implications, the resolution of the committee and justification
for the same:
Provided further
that the Registrar
may issue necessary
guidelines to the Co-operative Societies
in this behalf.
Provided also that,-
(a)
the cadre strength of the Cooperative Societies
in case of agricultural credit structure
shall not exceed the limit specified by the National
Bank for Agriculture and Rural Development, Human Resources Policy ,if specified..
(b) the cadre strength of the
Karnataka Milk Federation and District
Milk unions shall be in accordance with the
National Dairy Development Board,
if specified..
(c)
the cadre strength
in case of urban banks shall not exceed the limits specified
by the Reserve Bank of India or method adopted by the nationalized
banks..
(d)
the cadre
strength of other cooperative societies shall not exceed the limit specified by the Registrar.
Provided also that, subject
to sub-rule (1), in the absence of guidelines by National Bank for Agriculture and Rural Development, Reserve
Bank of India, National Dairy Development Board, the Registrar of Co-operative Societies shall specify such guidelines.
(2)
No persons shall be eligible for appointment
to the posts mentioned below unless he possesses
the qualification specified against them.The designation and qualification of the chief executive officer of agriculture credit structure,
Karnataka Milk Federation and district
milk union, urban banks shall be as specified in the Annexure and in respect of other societies, the Registrar of Co-operative Societies shall specify such guidelines"
Provided that in sub rule
(2) the person to be appointed as Chief Executive of a District Central Co-operative Bank or the State
Co-operative Bank shall satisfy the qualification and experience as prescribed by the National Bank for Agriculture
and Rural Development or Reserve Bank of India.
(1)
[Chief Executive, Secretary, Assistant Secretary
or Manager. ?
(i)
A degree or post-graduate degree
in Co-operation of any recognised university. or
(ii)
Any degree (other
than degree or post-graduate degree
in co-operation) of any recognized university:
Provided that preference
shall be given to persons possessing higher diploma in Co-operative Management. If no suitable candidate with higher diploma in Co-operative
Management is available, Diploma in
Co-operation of an institute of Co-operative Management or a Co- operative
training Centre shall be
considered.]
(2)
Accountants, Clerks, Ledger-keepers, Sales
Clerks and Shroffs.-
(i)
[A degree or post- graduate degree in co-operation or any other degree of a
University established by Law in India. or
(ii)
[xxxxx]
(3)
[In the case of an assisted
Society, the Government shall appoint officers
of the level of Group A
Officers and the Registrar shall appoint up to the level of Group B Officers
specified in column
(2) of the table below
as the Chief Executives of the assisted Co-operative Societies.
[TABLE
|
Category of Societies
|
Cadre of Officers who may be appointed as
Chief Executive
|
|
All Co-operative Societies whose
area of operation
(i) is less than
a District
|
-----
not below
the rank of Senior Inspector of Co- operative Societies
|
|
(ii) extends
to a District
|
not below the rank of Assistant Registrar of
Co-operative Societies
|
|
(iii)is beyond
a District (including Apex
Societies)
|
not below the rank of Deputy
Registrar of
Co-operative Societies.]]
|
[Provided
that in sub-rule (2) the person to be appointed as Chief Executive of a District
Central Co-operative Bank or the State Co-operative Bank shall satisfy
the qualification and
experience as prescribed by the National Bank for Agriculture and Rural Development or Reserve Bank of India.]
(3)
No appointment by direct recruitment shall be made except by calling for applications
from eligible candidates by notifying the same. provided that, this restriction shall not apply to the appointment of an officer
whose service have been lent by the Government.
[Provided that this restriction shall not apply.?
(i)
To the appointment of an officer whose services
have been lent by the Government.
(ii)
To the filling
up of a post through
compassionate appointment as per rules.
(iii)
[x x
x x x]
(4)
[The
Managing Board of a co-operative society may engage persons on ?Out source? basis in the exigency of service of the
co-operative society, for a period which ordinarily shall not exceed
eleven months.]
[x x x x x.]
[Rule - 17-A.
Constitution of recruitment committee for direct recruitment.
(1) The recruitment committee for direct recruitment, shall be as following, namely.-
|
(i)
|
President of the concerned Co-operative Societies
|
President
|
|
(ii)
|
One Director to be selected by the Board
of that
Society
|
Member
|
|
(iii)
|
Registrar??? of?? Co-operative? Societies? or?? his
nominee not below the Member rank of Assistant Registrar of
Co-operative Societies
|
Member
|
|
(iv)
|
One Expert with experience in the field
of cooperation with Member
particular reference to the
activities of the Co-operative society to be nominated by the board of that society
|
Member
|
|
(v)
|
The Chief Executive of the society
|
Member-Secretary
|
(2) The minimum
quorum for the meetings shall be three.
[Rule - 18.
Conditions of service of the employees of the co-operative societies.-
Every co- operative society shall lay down in its
bye-law, conditions of service of its employees. If it is not already laid down, it can be incorporated within three months from the date of commencement
of these rules.]
Rule ? 19. Prohibition
against being interested in contracts, etc.-
(1) No officer of a Co-operative Society
shall have any interest, directly or
indirectly otherwise than as
such officer.-
(a) in any contract made with the society.
or
(b) in
any property sold or purchased by the society. Or
(c)
in any other transaction of the society
except as investment made or as loan
taken from the society or the
provision of residential accommodation by the society to any paid employee of the society.
(2) No [Office-bearer
or member of the [Board]
or employee] of a Co-operative Society shall
purchase, directly or indirectly, any property of a member of the society, sold
for the recovery of his
dues to the society.
Chapter V Properties and funds of Co-operative Societies
[Rule - 20.
Co-operative Education and Training.-
(1) Every
cooperative society shall remit its
contribution towards cooperative education fund to the account of the Karnataka State Cooperative
Federation Limited, Bangalore
within thirty days from the
date of its annual general meeting.
(2) The cooperative education fund shall be maintained and administered by the Karnataka
State Cooperative Federation Limited and shall be utilized on the advice of an advisory
committee consisting of the following
members, namely.-
(a) President, Chairperson of the State Cooperative Federation Chairperson
(b) Four apex societies? president/ chairpersons i.e. Karnataka State Cooperative Apex Bank Ltd., Karnataka
Cooperative Milk Federation Ltd.,
Karnataka State Cooperative Urban Banks Federation Ltd., and Karnataka State Credit Cooperative Societies Federation Ltd., Member are the members.
(c)
The Director, Regional
Institute of Co-operative Management, Bangalore. Member
(d)
The Registrar of Cooperative Societies
or his Nominee Member
(e) The chief executive officer
of the State co-operative Federation.
Member Secretary.
(3) The quorum
for a meeting of the advisory
committee shall be five. The advisory
committee shall be convened
at least once in three months.
(4) The
Karnataka State Cooperative Federation shall maintain this fund in a separate account
and all income by way of interest
or otherwise accruing
from the contribution towards this fund
shall be credited to this fund.
(5) No
expenditure out of the co-operative education fund shall be incurred without the approval of this advisory committee.
The auditor of the State Co-operative Federation shall verify the utilization
of the fund and certify the same.
(6) Subject
to such directions as the advisory committee may give from time to time, the fund
may be utilized for any of the following purposes connected with the cooperative education, training and human resource
development of the co-operative societies, namely:-
(a) education
of the members, directors including office-bearers and employees of the cooperative societies and the
general public in the principles and practice of co- operation.
(b) human resource
development in the cooperative societies.
(c)
development
of cooperative societies.
(d) capacity building
and business management.
(e) professionalization.
(f)
technical
up gradation.
(g) education, training,
research, man power
and power and related infrastructure.
(h) research and development.
(i)
development
of the cooperative movement in general.
(j)
co-operative
propaganda and publicity.
(k) publication of the books
and journals relating to the cooperative movement.
(l)
conduct of research,
case studies and education in the field of co-operative movement.
(m) award
of prize, or honorarium for rendering meritorious service to the cause of the co-operative movement of the State.
(7) The
State Co-operative Federation shall prepare annual budgets and formulate
training and education programmes for
the development of co-operatives and co-operative movement particularly in matters such as financial
and business management in the co-operative societies, member education, awareness buildings on cooperative
principles and values etc., according
to the overall guidelines issued by the advisory committee and be responsible
for implementation of the same.
(8) The
State Cooperative Federation and the District Cooperative Unions shall submit
returns to the Registrar once in a year showing
the details of the training programmes conducted.
(9) The board of every cooperative society
shall also include
in its annual budget provision
for expenses on member and potential member education and training of
its directors and employees. It shall
ensure that the members, directors and employees are well informed and trained about the theory, principles and
practice of co-operation. It shall also aim at ensuring that the transparency,
the levels of awareness, member participation and member control expected of any good co-operative society are reached
out to the members, the directors and the employees
of the co-operative society.]
[Rule - 20-A.
Funds of Karnataka State Co-operative Urban Banks Federation.
(1)
Every Urban Cooperative Bank shall contribute
1% of its net profit to the Karnataka State
Co-operative Urban Banks Federation within thirty days from the date of its Annual
General Meeting.
(2)
The amount so contributed under in sub-rule
(1) shall be maintained and administered
by the Karnataka State Co-operative Urban Banks Federation and shall be utilized
as advised by the advisory
committee consisting of. ?
|
(a)
|
President, Karnataka State Co-operative Urban
Banks Federation
|
President
|
|
(b)
|
Presidents of four Urban
Co-operative Banks nominated for such period
by the Karnataka State
Co-operative Urban Banks Federation
|
Member
|
|
(c)
|
Regional??? director,? Regional?? Institute? of??????????????? Co-
operative Management, Bangalore.
|
Member
|
|
(d)
|
Registrar of Co-operative Societies or his nominee
not below the rank of Assistant Registrar of Co-
operative Societies
|
Member
|
|
(e)
|
Chief Executive, Karnataka State Co-operative
Urban Bank's
Federation
|
Member
Secretary
|
(3)
The quorum for a meeting of the advisory
Committee shall be five. The advisory committee shall convene a meeting at least
once in three months.
(4)
Sub rule (7) to (9) of rule 20 shall mutatis
- mutandis apply to the Advisory Committee also.]
Rule - 21. Disposal
of unappropriated profits.-
Any
profits not appropriated in the manner specified
in the Act, the Ru1es and the bye-laws shall forthwith be credited by a Co- operative
Society to its reserve fund.
Rule - 21-A.
Maximum rates of Travelling Allowance, Daily Allowance and sitting fee.-
[ x
x x x x]
Rule - 22. Manner
of determining net profits under sub-section (1) of Section 57 and rate at
which dividend may be paid by Co-operative Societies.-
(1) In determining net profits from which not less than 25 per cent are to be taken to the reserve
fund under sub-section (2) of Section 57, the following
procedure shall be adopted.-
(a)
All interest accrued due, but not actually
realized shall be deducted from the gross profits
for the year, before the net profits are arrived at. So much of the accrued interest
that has been so deducted
from the profits
of the year, as are actually recovered during the subsequent year. The
Registrar may, in special cases and after due
enquiry, permit a society to treat interest accrued due for a period not
exceeding one year as profits. but,
if the amount so permitted to be treated as profits is not actually recovered during the subsequent
year before the net profits of that year are
arrived at.
(b)
All interest paid and due for the year shall
be charged off to profit.
(c)
All management expenses
paid and due for the year shall be charged
off to profit.
(d)
All rents, rates, taxes, subscriptions and
insurance charges paid and due for the year shall be charged
off to profit.
(e)
Audit fee due for the year in accordance with
the scale fixed by Government shall be charged off to profit.
(f)
Adequate provision for depreciation on furniture, stock, building, land and other property
owned by the society shall be made in accordance with the provisions of the bye-laws
and charged off to profit.
(g)
In the case of Trading
Co-operative Societies, Marketing Co-operative Societies, Industrial Co-operative Societies
and Processing Co-operative Societies provision shall also made for contribution to the
Trade fluctuation Fund in pursuance of the by-
laws to be framed for this purpose.
(h)
Any other items notified by the Registrar as
being a charge on the profits of any particular
class or type of societies shall also be charged off to profit during the audit of such class or type of societies.
(2) [No Co-operative Society shall pay its share-holders a dividend exceeding twenty-five per cent in any year on the paid-up share
capital in the name
of each share-holder:
[x x
x x x.]
Provided further
that bonus, if any, paid on shares shall also be subject
to the overall limitation mentioned in this sub-rule.]
Rule ? 23. Object
and investment of Reserve Fund.-
(1)
A reserve fund maintained by a Co- operative Society shall belong to
the society and is intended
to meet unforeseen losses.
It ?shall
be indivisible and no
member shall have any claim to a share in it.
(2)
A Co-operative Society shall not invest or
deposit its reserve fund except in one or more
of the modes mentioned in clauses (a)
to (d) of Section
58 of the Act:
Provided that the Registrar
may, by general or special order, permit any Co-operative Society or any class of Co-operative
Societies to invest the reserve fund or a portion thereof on its own business, or in the
construction or purchase of buildings or lands required for carrying
on the objects of the society.
(3)
No Co-operative Society whose reserve fund
has been separately invested or deposited shall
draw upon, pledge or otherwise employ such fund, except with the sanction of
the Registrar previously obtained
in writing.
Rule ? 24. Disposal
of Reserve Fund on winding up of a Co-operative Society.-
(1) On
the winding up of a Co-operative
Society, the reserve fund together with other funds constituted by the society
in accordance with its bye-laws,
shall be applied
by the liquidator to the discharge of such liabilities of the society
as may remain un discharged out of the assets of the society, in the following order,
namely:
(a)
the debts of the society.
(b)
the dividend upon paid-up share capital at rates not exceeding six per cent for any periods
for which dividend has not been paid,
or such dividend upon paid up share capital as will bring dividend to the
maximum rate for any period for which the dividend at
a rate lower than the maximum specified
has been paid. No dividend
shall, however, be paid on share capital,
if the bye-laws of the society do not provide for payment of dividend.
(2) [any surplus
funds remaining after the payment mentioned in sub-rule (1) shall be utilized in the
following manner and subject to the following conditions, namely.-
(a) in
the case of a Co-operative Society other than a financing bank,- (i) the
surplus funds shall be applied to
such object of public utility as may be selected by the general body of the dissolved Society at a meeting and approved
by the Registrar. If within thirty
days, after the issue of notice by
the liquidator appointed to wind up the affairs of the society, the General
Body fails to make any selection that is approved
by the Registrar. the liquidator shall transfer the surplus funds to the Co- operative Development Fund.
(b) In
the case of financing bank, the surplus funds shall be assigned by the
Registrar to the reserve fund or
funds of any other financing bank or banks, to which the societies working in the area in which the financing
Bank which is being wound up
carried on its operations are affiliated. If there is no financing bank working
in such area, the Registrar shall
direct the liquidator of the concerned liquidated society to transfer such surplus funds to the Co-operative Development Fund.
(c)
The Registrar shall utilize the Co-operative
Development Fund for the following purposes with the
prior approval of the State Government, namely.-
(i)
?? Organization
and establishment of research centers for the purpose of conducting study, research
in the Co-operative sector and to hold seminars
and workshops at State/National level on the latest trends in Co-operative movement.
(ii) Creation
of infrastructure such as construction of buildings, acquisition of vehicles
and other facilities.
(iii) Any
other related development works, assignments entrusted by the State Government from time to time or any other statutory body/agencies who are in the Co-operative
field, duly recognized and authorized by the State
Government.
(iv) the Registrar
shall submit annual progress report and future programmes
of activities to be undertaken by the Department to the Government.]
[Rule - 24-A.
Transfer of surplus fund and assets of liquidated society.-
Notwithstanding anything contained in rule 24 and 33, the
surplus amount available or indisposed immovable property is left with the liquidated society, the liquidator
shall transfer the surplus fund to the co-operative
development fund and the immovable property to Government as directed by the Registrar of Co-operative Societies.]
[Rule - 25.
Borrowings by Co-operative Societies.-
[x x x x x.]
Rule ? 26. Transactions
with non-members.-
Save as otherwise provided
for in Section 59 and Section 60 [x
x x x x] no Co-operative Society shall enter into any credit transaction with a person
other than a member, unless.-
(a)
the bye-laws of the society
permit it to enter into such transactions. or
(b) the previous
sanction of the Registrar has been obtained by the society.
Rule ? 27. Restrictions
on grant of loans by a Co-operative Society.-
(1)
No Co-operative Society shall
grant loans or make advances
against the security of its
own shares.
(2)
The total amount of loans granted by a
Co-operative Society to the members of its [Board]
of Management and outstanding against them in the aggregate shall not at any
time exceed [ten
per cent] of the total of all loans granted by the society and outstanding
against its members at any time.
Rule ? 28. Maintenance
of fluid resources.-
Every Co-operative Society
accepting deposits and granting cash
credits shall maintain fluid resources in such form and according to such standards
as may be fixed by the Registrar, from time to time,
by general or special order.
Rule - 28-A.?? Declaration by a member borrowing loans from
certain societies.-
(1)
A declaration under
clause (1) of sub-section (1) of Section 33 shall
be in form I.
(2)
A register of such declaration shall be kept by
the society in form II.
[Rule - 28-B.
General Meetings.-
[x x x x x]
Rule - 28-C.
Committee Meetings.-
[x x
x x x.]
[Rule - 28-D.
Foreign tour of Office bearers and members of Co-operative Society.-
The provisions relating to foreign tours of office-bearers and
members shall be as following namely.-
(1)
Foreign tour by a director or an office
bearer of a Co-operative Society shall not be considered more than twice in their tenure with prior permission of the Government.
(2) If
the director is on two boards, he shall not undertake foreign tour from both the societies
during the same tenure.
(3) Foreign tour by chief executive or Officer or Official of a Co-operative Society shall not be considered more than twice in five years with the prior permission of Government.
(4) Foreign
tour by the members of a Co-operative Society shall not be considered more than twice
in five years
(5)
The above foreign study tour shall be to
acquire special knowledge and skills improvement, to attend workshop, seminar also.
Provided the above proposals
of such Co-operative Societies which are in continuous profit during last three years and where there is no accumulated
loss shall only be considered for foreign
tours.]
Chapter VI ?Audit
[Rule - 29.
Subject-matter of audit.-
(1)
A cooperative society shall maintain books of accounts
and registers having regard to its objects
and showing a true and accurate
picture/status of all the transactions relating to its affairs
particularly with reference to all receipts and payments. all income and expenditure. administration and management. business
operations. every contact
made with members
and those having business relationship with the society. conduct of
general meetings/ board meetings/sub-committee
meetings and such other meetings. transaction with members and
nonmembers. loans and advances to the members
and recovery of such loans. its assets and liabilities. all purchases and sales of goods. production, processing and manufacturing. utilization of materials
or labour. recruitment and promotion of employees and disciplinary action
against them. raising resources and
utilization of the funds. investment of funds. bank accounts. accounts
and audit. distribution of profit etc., It shall maintain the original registration certificate. its byelaws with the registered amendments. the
service rules with upto date amendments. its business rules / subsidiary regulations with upto date amendments. the Cooperative
Societies Act and rules with upto date amendments. other law books applicable to its business and administration. etc.,
It shall also keep such account books and registers in connection with the business of the society as the Registrar of
Co-operative Societies may from time to
time, require.
Explanation:- For the purpose
of this rule ?Annual audit? means the audit of accounts
of a cooperative society for the cooperative year to be conducted after the
close of that co-operative year under
Section 63. It culminates in the submission of audited financial statements along with the accompanying audit report after verification of the financial
statements and the records and documents of the cooperative society.
(2)
The audit under sub-section (1) of Section 63
shall include, in addition to the matters specified
in sub-sections (2) and sub-sections (14) to (18) of the said section, the
following particulars.-
(a) examination of the programmes and activities undertaken by the society
with reference to the
objectives mentioned in the bye-laws.
(b) verification of receipts and payments/ income
and expenditure with reference to original receipts and vouchers about their genuinty
and property.
(c)
verification of balances at the credit of the
depositors and creditors and of the amounts
due by the society?s debtors, of such proportion thereof as may be fixed by the Registrar
of Co-operative Societies
or the Reserve Bank of India or NABARD
as the case may be.
(d) examination of the transactions of the members of its
board.
(e) examination
of the recruitment and promotion of the employees including their service conditions and disciplinary actions
against them.
(f)
examination of the services provided to the
members and the extent of utilization of the said
services by the members/directors.
(g) maintenance
of accounts-adequacy and updating computerization of the transactions of the
society.
(h) compliance with the transparency and other related laws to the extent applicable to the co-operative societies
in the various transactions and operations of the society.
(i)
examination of the statement of accounts of
the society to the prepared by the board
in such form as may be stipulated by the Registrar of Cooperative Societies or the Reserve
Bank of India or the NABARD
as the case may be.
(j)
certification of the profits
actually realized or loss actually
incurred.
(k) whether, in the case of a cooperative bank, the guidelines, etc., issued by the
Reserve Bank of India and NABARD have been adhered
to.
(l)
any other matter that may be specified
by the Register of Co-operative Societies or the Reserve Bank of India or
the NABARD as the case may be:
Provided that the audit shall, in addition to financial audit, also include
administrative audit, performance audit, propriety audit and cost audit.
(3)
The board of every cooperative society shall
ensure that the annual financial statements
like the receipts and payments / income and expenditure, profit and loss and
the balance sheet along with
schedules and other statements are prepared and presented for audit before the auditor
or auditing firm within thirty
days of the close of the cooperative year:
Provided that the schedules
and returns to be furnished to the auditor
or auditing firm shall include
the following.-
(a)
statement of
general information and working of the society.
(b)
statement of verification by the board of cash and closing
stock as at the end of the cooperative year.
(c)
statement of bank reconciliation and balance
confirmation.
(d)
membership
and share schedule.
(e)
list of employees
and members of the board.
(f)
loans and advances
to the directors.
(g)
loans and advances
to the employees.
(h)
demand, collection and balance statement.
(i)
list of defaulter
members.
(j)
list of the members
having right to vote.
(k)
schedule of investments made and confirmation statement.
(l)
schedule of bad and
doubtful debts.
(m)
loan confirmation statement.
(n)
investment
on the assets during the year.
(o)
schedule of
directors who have absented for three or more meetings
of the board.
(p)
schedule of members
who have not attended three or more general meetings.
(q)
schedule of members who have complied with the requirement of the bye-laws
as far as obligations of membership are concerned.
(r)
statement of misappropriation or embezzlement cases.
(s)
schedule of unrecovered loans and advances
for one year and above.
(t)
schedule of the arbitration and execution cases.
(u)
schedule of the reserves and other funds.
(v)
schedule of the depositors if any.
(w)
schedule of the assets and properties.
(x) schedule of the closing
stock.
(y)
schedules relating to the objectives set out
in the byelaws and the extent to which they are achieved type wise societies.
(z)
schedule of loans and advances
to the members.
(4)
While examining the irregularities mentioned in clauses (a) & (b) of sub-section (17) of Section 63, the
auditor or auditing firm shall exercise such due care, diligence and skills as intelligent and prudent person would
exercise honestly in similar circumstances and incorporate the findings
in the audit report.
(5)
While conducting the statutory audit of a
co-operative society, the auditor/auditing firm
may issue, from time to time during audit, interim objection to the chief executive of the co-operative society of
to the officer performing duties of the chief
executive for compliance or explaining the defects and irregularities
pointed out in such objections within
a period not exceeding five days. The chief executive shall return the interim objection sheets with
the compliance/reply to the auditor/auditing
firm within the time specified by the auditor. The auditor
or auditing firm shall review the compliance report and drop such objections which, in his opinion, have been complied
with satisfactorily and shall incorporate the remaining objections in the audit report.
Rule - 29-A.
Qualification for appointment as an auditor or auditing firm.-
(1)
The auditor or auditing firm who shall be included in the panel of auditors
may be an auditor or auditing firm where as provided in the Act.
(2)
None of the following persons
shall be qualified
for appointment as an auditor/auditing firm for a co-operative society.-
(i)
an officer or employee of the co-operative society.
(ii)
a person who is a member of that co-operative society.
(iii)
a person who indebted to the co-operative society or who has given any guarantee
or provided any security in connection with the indebtedness of any third person
to the co-operative society
prior to or during
the course of audit.
(iv) a
person or a member of his family who has a direct or indirect interest in the affairs
of the co-operative society. And
(v) a
person who is willfully not complied with the provisions of the Act or the rules during the audit of accounts of any
co-operative society for the previous co-operative year.
(3)
Any person
not having the qualification and experience for appointment as an auditor under
Section 63 and any person
no included in the panel of auditors
or auditing firms maintained and approved by the
Director of Co-operative Audit shall not be appointed as an auditor/auditing firm for the conduct
of audit of accounts of any co-operative
society.
(4)
An auditor or auditing firm ceases
to hold office when he.-
(a)
resigns. Or
(b) completes his/her
term of office.
(5)
Only the person appointed as an
auditor/auditing firm of a co-operative society shall sign the audit report or sign or authenticate any other document
of the co-operative society required by law to be
signed or authenticated by the auditor/auditing
firm.
(6)
The audit report
shall be read in the general meeting
of a co-operative society and shall
be open to inspection by any member
of the cooperative society.
Rule - 29-B.
Procedure for enlistment of the Auditors and Auditing firms.-
(1)
The Director of Cooperative Audit
shall give a public notification in a widely circulated kannada news paper
and through departmental website inviting
applications from the intending Chartered Accountants and Chartered Accountants Firms [and Cost Accountants and Cost Accountant Firm] possessing the requisite qualification and experience and willing
to be included in the list of Auditors and or Auditing firms for taking up the
audit of accounts of any Co-operative
societies.
(2)
The Director of Co-operative Audit shall
scrutinize the applications according to the
rules and prepare a draft list of eligible Auditors and Auditing firms
and publish in the Departmental Website.
Earlier sub-rule (3)
(3)
The enlistment of the Auditor or Auditing
Firm shall be valid till such period he withdraws his name or he is disqualified for any professional misconduct. Further, the Director
of Co-operative Audit shall enlist any Auditor or Auditing Firm on an
application made by the concerned in the format
prescribed if applicant satisfied
the required conditions.
Note.- The Director of
Co-operative Audit shall categories the societies into three groups based on working capital and total
turnover and also classify the Auditors into three categories based on their experience for assigning them to
respective category of societies in the following
manner.
|
Sl.
No.
|
Categories of Societies
|
Panel of Chartered
Accountant and Chartered Accountant
Firms and Departmental Auditors
eligible for audit
|
|
1
|
Group ?A? Societies having
more than RS.25 crores of working capital/turnover
|
Chartered Accountants and Chartered Accountant Firms having
minimum of ten years
experience.
|
|
2
|
Group ?B? Societies having
Chartered Accountants
|
Chartered Accountants and
|
|
|
and Chartered Accountant more than Rs.10 crores of working capital/turnover
|
Chartered Accountant Firms
having minimum of five years experience.
|
|
3
|
Group ?C? Societies having
less than Rs.10 crores
of working capital/turnover, grouped
into district- wise
lists.
|
Chartered Accountants and Chartered Accountant Firms having minimum
of three years experience and officials of the Department of Co-operative Audit,
grouped into district-wise
panels.
|
|
|
Auditors listed against
?A? Category Societies can Audit
?B? and ?C? Category Societies and Auditors
listed against ?B? Category can take up the Audit of
?C? Category Societies.
|
|
(4)
[
|
Sl.
No.
|
Categories of Societies
|
Panel of Chartered Accountant and Chartered Accountant Firms and Departmental Auditors eligible for Audit and Cost Accountants and Cost
Accountants Firms
|
|
1
|
Group ?A? Societies having
more than RS.25 crores of working capital/turnover
|
Chartered Accountants and Chartered Accountant and Cost Accountants Firms
having minimum of ten years experience and officials of the
Department of Co- operative Audit
not below the rank of Deputy Director of
Co-operative Audit.
|
|
2
|
Group ?B? Societies having more than Rs.10 Crores of working
capital/turnover and below Rs. 25 Crores of working
capital/turnover.
|
Chartered Accountants and Chartered
Accountant Firms having minimum
of five years
experience and officials of the Department of Co- operative Audit, having
minimum of five years
experience.
|
|
3
|
Group ?C? Societies having
less than
Rs.10 Crores of working capital/turnover, grouped into district-wise lists.
|
Chartered Accountants and
Chartered Accountant Firms and Cost Accountants Firms having minimum of three years
experience and officials of the Department of Co-
operative Audit, Grouped into
district-wise panels.
|
Auditors listed against ?A? Category Societies
may Audit ?B? and ?C? Category Societies
and Auditors listed against ?B? Category may audit of ?C? Category
Societies.
Note.- District
Central Co-operative Banks and Apex Bank
shall select Chartered Accountants or Chartered Accounts Firms from the panel of
auditors prepared and maintained by the National Bank.]
(5)
The categorization of Auditors and grouping
of co-operative societies shall be made/updated every year after the end of financial year.
(6)
The general body of every cooperative society
shall select an auditor/ auditing firm out of
the panel communicated by the Director of Cooperative Audit for being appointed
as the Auditor/auditing firm, for the
audit of accounts of the cooperative society. But, the same person shall not be appointed as an
auditor or auditing firm of the same cooperative society for more than two
years consecutively.
(7)
The Auditor/Auditing firm so appointed by the
general body shall complete the audit of
accounts of the cooperative society for the previous cooperative year in
accordance with the provisions of the
Act and these Rules as early as possible and submit the audited financial statements and the accompanying audit report within thirty days from the
date of completion of audit or by the first day of September, whichever is earlier, to the cooperative society, the
Registrar and the Director of Cooperative Audit and the financing agency, if any.
(8)
Provided for the audit of co-operative year
2012-13, including arrears of audit if any, the
board of a co-operative society is competent to appoint the Auditor from the
panel communicated by the Director
of Co-operative Audit and shall get its accounts audited
before 1st of September, 2013.
(9)
The chief executive
of the society shall communicate the appointment of the auditor
or auditing firm within five days from the date of the general body
meeting, to the auditor / auditing firm and Director of Cooperative Audit.
(10)
When a Co-operative Societies is newly registered, the General Body of the society
is in its first general meeting
shall appoint the Auditor or Auditing Firm from the list of eligible Auditors and Auditing Firms in
the respective panel of Auditors published in
the Departmental Website.
(11)
The Director of Co-operative Audit shall
co-ordinate with the cooperative societies audit
as scheduled. Any problem arising in the conduct of and or concerning audit
shall be referred to the Director of
Cooperative Audit, who shall arrange for its redressal and issue necessary directions to the concerned.
(12)
The audit report
shall also contain
schedules and statements with particulars of-
(a)
all transactions which appear to be contrary
to the provisions of the Act, the rules or
the byelaws of the cooperative society.
(b)
all transactions which appear to be contrary to the guidelines issued by the Reserve Bank
of India and National Bank.
(c)
schedules and statements as in sub-rule(3), duly verified and certified.
(13)
The Director of Co-operative Audit shall be
competent to issue necessary guidelines to the auditors
or auditing firms for the purpose
of ensuring timely
completion of Audit.
(14)
The Director of co-operative audit shall
update the list of cooperative societies of every district
as on 1st of April every year. reconcile it with that of the Registrar of Cooperative societies of that District.
Rule - 29-C.
Audit of a Cooperative Society which is defunct or under liquidation.?
Where a society is under liquidation, the liquidator shall convene a
General Body Meeting which shall
appoint an Auditor or Auditing Firm out of the list of eligible Auditor or
Auditing Firm published in the
Departmental Website. Where it is not possible to convene the general body meeting
the liquidator shall follow the procedure in Rule
33(i).
Rule - 29-D.
Submission of the Audit Report of an Apex society to the Government.-
For the purposes of sub-section (11) of Section 63, the Director of
Cooperative Audit shall submit a
copy of the audit report of an apex cooperative
society to the State Government to lay before the State Legislature.
Rule - 29-E.
Requisition for Re-audit of the account by the General body.-
When the general body of a cooperative society
resolves to provide for re-audit of any account of the society under sub-section (12) of Section 63, it shall appoint a
different auditor or auditing firm
for conducting such re-audit. The cost of such re-audit shall be borne by the
cooperative society.
Rule - 29-F.
Re-audit of an account by the order of the State Government.-
When the State Government orders for the re-audit of the accounts
of a cooperative society, the Director
of Co-operative Audit shall arrange
for such re-audit
by a different auditor or auditing firm.
The cost of such re-audit
shall be borne by the co-operative society.]
[Rule - 29-G.
Preservation of audit report-
Co-operative Societies shall
maintain Audit report as a permanent
record. Director of Co-operative Audit and District Deputy Director of Co-operative Audit shall maintain audit
reports in digitalised format up to a period of ten years:
Provided in the event of any
dispute or the pendency of a criminal case, The Department of Cooperative Audit shall preserve the
record of a co-operative Society till such dispute or the criminal case is finally decided.]
[Rule - 30.
Remuneration payable to the auditor or auditing firm.-
The remuneration payable to an auditor or auditing
firm for taking up the auditor
for having audited the accounts of a cooperative society of any cooperative year shall be fixed by the general body of that society based on the working
capital and turnover and as per guidelines issued by the Government in this
regard from time to time.]
[Rule - 30-A.
Remittance of Audit [remunearation].-
In the event of a
Co-operative Society failing to pay
the remuneration payable to the Government or an auditor under the provisions of Rule 30, the Director of
Co-operative Audit may call upon the bank where the concerned Co-operative Society has maintained its account to
remit ht e outstanding amount of
remuneration to the Government. On receipt of such demand, the bank shall remit
the sum as audit remuneration to the
Government or the concerned auditor out of the amount at the credit of society. The bank shall comply
with the directions issued by the Director of Co- operative Audit and indicating the particulars of the
remittance. Further the same procedure will
be followed if any payment of remuneration is due to any Charted Accountant and Charted
Accountant?s Firms.]
Chapter VII
Settlement of Disputes
Rule - 31.
Procedure for reference and arbitration.-
(1)
A reference to the Registrar of any dispute under Section 70 of the Act
shall be in writing and stamped with such stamp and in accordance with such
scale as may be notified by Government
in this behalf.
(2)
[No co-operative society shall spend any money out of the funds of the cooperative
society, disputes relating to the election of any of its members referred to the Civil Court.]
(3)
Where on receipt of a reference under
sub-rule (1) the Registrar decides under clause
(c) of sub-section (2) of Section 71 to refer it for disposal by arbitration,
the reference shall be made to one
arbitrator appointed by the Registrar.
(4)
(a) The Registrar, the Arbitrator, or other
person deciding the dispute shall, after service
of summons on the parties concerned, in a manner prescribed by these rules,
record a brief note of the evidence
of the parties and witnesses who attend and upon the evidence so recorded, and after consideration of any
documentary evidence produced by the parties, shall give a decision or award, as the case may be, in accordance with
justice, equity and good conscience.
(b) The decision or award given shall be in writing and pronounced
in open Court. If a party duly
summoned fails to attend, the dispute may be decided ex parte. Ex parte decisions
on awards may, on sufficient cause for non-attendance being shown, be set aside
by the Registrar, and the dispute
ordered to be re-taken on the file and disposed
of:
Provided that no application
for setting aside an ex parte decision or award shall lie, unless made within thirty days from the date of
such decision or award, then the party for whose non-attendance, such decision or award was made, had been duly
served in the dispute or in other
cases within thirty days from the date of knowledge of such decision or award
having been made.
(5)
[(a) When the Registrar,-
(i)
decides the dispute
himself under clause (a). or
(ii)
transfer it for disposal to any person
who has been invested by the State
Government with the powers
in that behalf under clause (b). or
(iii)
refers a dispute
for disposal to an Arbitrator under clause (c), of sub-section of Section 71, he shall have powers to require the party or parties concerned to deposit in advance such fee as
may be determined by him.]
(b) The Registrar,
Arbitrator, or other persons deciding a dispute under Section 71 shall have power to order the [fees
and expenses] incurred in determining such dispute to be paid either out of the funds
of the society or by such party
or parties to the dispute,
as he may think fit.
(c) The Registrar, may, in
his discretion, remit the whole or any part of the fees collected under clause (a).
(6)
(a) Where one of the parties to the dispute
is a minor or a person of unsound mind, the Register on being satisfied
of the fact of the minority or unsoundness of mind, and after notice to the proposed guardian shall appoint a proper person to
be guardian for such minor or person
of unsound mind. The person so appointed may, for sufficient reasons, be
permitted to retire or be removed and a new guardian
appointed in his place.
(b) When a necessity arises
for the appointment of a guardian to a minor or a person of unsound mind in a dispute before the
Arbitrator appointed by the Registrar to decide the dispute, the file may be returned
to the Registrar, for the appointment of a guardian.
(7)
(a) When an award has been made, the person
who made it should cause it to be filed in the
office of the Registrar, together with any depositions and documents which have
been taken and proved before him and
notice of the filing shall be given to the parties.
(b) Where the decision or
award involved the payment of money or delivery of grain and such payment is not made within one week
or such further time as may be allowed by the
Registrar, the Registrar
may, on the application of the decree-holder, issue a certificate, as provided for in Section 101 of the Act. The certificate shall be in the following form:
Office of the Registrar
of Co-operative Societies, Bangalore.
Dispute No?.. Of???
Certified that a decree/decision /award as noted in the enclosure have been passed in the above dispute
and the same has
not been satisfied (or satisfied in part).
Seal of the Registrar. Signature of the Registrar.
(8)
[The following scale of batta be paid to witnesses summoned by the party at whose instance
the witness is summoned,
Witness will be divided
into two classes.-
Class I - Persons whose monthly
income is Rs. 8,000 and above.
?Class II - Persons whose monthly
income is below
Rs. 8,000.
SCALE OF BATTA
Travelling allowance
for journey to and fro from the place of hearing where the latter
is in a different station from that of the witness.
|
Class of Witness
|
Journey??????????????? by Road
|
Conveyance charges??????????????? from
Bus/Rail?????? to place???? of???????????? the
|
Subsistence allowance including expenses per
day
|
|
At Bangalore
|
At????? other????????? place
within the
State
|
|
|
|
hearing
|
|
|
|
Class I
|
One and half times
the bus
fare
|
Four???????????? Rupees per
kilometer
|
Rs.350-00
|
Rs.200-00
|
|
Class II
|
One and half times
the bus
fare
|
Three???????????? Rupees per
kilometer
|
Rs.300-00
|
Rs.175-00
|
(9)
Expenses under sub-clause (8) shall be
treated as costs of the dispute and the authority deciding the dispute shall have full power to determine by
whom or out of what property and to what extent such costs and all other costs incidental to the dispute
are to be paid and to give all necessary directions for the
purposes aforesaid. Where the authority deciding the dispute directs that any costs shall not follow the event, the
authority shall state its reasons in writing.
(10)
Interest on cost at any rate
not exceeding six per cent per annum may be awarded and such interest shall be added to the costs and shall be recoverable as such.
Rule ? 32. Mode
of service of summons.-
(1)
Every summons issued under the Act and these rules shall be in writing:,
shall be authenticated by the seal, if any, of the officer by whom it is
issued and shall be signed by such officer or by any person authorized by him
in writing in that behalf. It shall
require the person summoned to appear before the said officer at a stated time and place, and shall specify whether
his attendance is required as a party to a dispute to answer the claim or as a witness to give evidence or to produce
a document or for both purposes, and
any particular document the production of which is required shall be described in the summons with reasonable accuracy.
(2)
Any person may be summoned to produce a
document without being summoned to give
evidence. and any person summoned merely to produce document shall be deemed to have complied with the summons, if he
causes such document to be produced, instead of attending personally to produce the same.
(3)
The service of summons under the Act on any
person may be effected in any of the following ways.-
(a)
by giving or tendering it to such person. or
(b)
if such person is not found, by leaving it at his last known place of residence or of business or by giving or tendering
it to some adult member of his family. orif the address of such person is known to the
Registrar or other authorized person by sending it to him by registered
post prepaid for acknowledgement. or
(c)
if none
of the means aforesaid is available, by affixing it in some conspicuous part
of his last known place of residence or business.
(4)
Where the serving officer delivers or tenders
copy of the summons to the person summoned
personally or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy
is so delivered or tendered, to an acknowledgement of service endorsed on the original summons.
(5)
The serving officer shall in all cases in
which the summons has been served under sub-rule
(4) endorse or annex, or cause to be endorsed or annexed, on or to the original summons a return stating the time when and
the manner in which summons was served and the
name and address of the person, if any, identifying the person served and
witnessing the delivery or tender of the summons.
(6)
Where the party to be summoned is a public
officer or is a servant of a Railway Company
or local authority, the officer issuing the summons may, if it appears that the summons may be most conveniently so served, send it by registered post,
prepaid for acknowledgement for service on the party to be summoned, to the head
of the office in which he
is employed, together with a
copy to be retained
by the party.
CHAPTER VIII Winding up and Dissolution of Co-operative Societies
Rule ? 33. Procedure
to be adopted by Liquidator.-
Where a Liquidator has been appointed under sub-section
(1) of Section 73, the following procedure shall be adopted.-
(a)
The appointment of the Liquidator shall be
notified by the Registrar in the Official Gazette.
(b)
The Liquidator shall, as soon as the order of
winding up of the society takes effect, publish by such means as he may think proper, a notice requiring
all claims against
the society, the winding up of which has been ordered, to be submitted
to him, within [one
month] of publication of the notice. All liabilities recorded in the account
books of a society shall be deemed
ipso facto to have been duly submitted to him under this clause.
(c)
The Liquidator shall decide questions of
priority arising between claimants and shall
draw up a scheme
for the payment of their dues.
(d)
The Liquidator shall recover all sums and
other properties to which the society is entitled and may
institute such suits for that purpose or such suits incidental to liquidation proceedings as he may think proper.
(e)
The Liquidator may empower any person, by
general or special order in writing, to make collections and to grant valid receipts
on his behalf.
(f)
The Liquidator shall,
after settling the assets and liabilities of the society,
as they stood on the date on which the order of winding up is made, proceed next to determine the contribution to be made by
each of its members, past members or by the
estates, or nominees, heirs or legal representatives of deceased members
or by any officers or former officers
respectively to the assets of the society, under clauses (b) and (c) of sub-section (2) of Section 74.
Should necessity arise, he may also make a subsidiary
order regarding such contributions and such order shall be enforceable in the same manner
as the original order.
(g)
All the funds in the charge of the Liquidator
shall be deposited in the Government Treasury or in the Post Office Savings Bank or in a Co-operative Bank or with such other Bank as may
be approved by the Registrar
and shall stand in his name.
(h)
The Registrar shall fix the amount of remuneration, if any, to be paid to the Liquidator.
The remuneration shall be included in the cost of liquidation, which shall be payable out of the assets
of the society in priority
of all other claims.
(i)
[The Liquidator may call for meetings of the members
of the society, under liquidation:
[Provided
that if for any reason it is impracticable for the Liquidator to convene the
general meeting of the members
of the dissolved society for the purpose
of finalization of the Liquidation proceedings, he shall make a detailed report to the. Registrar with reasons therefore and shall, after obtaining the
permission of the Registrar to dispense with the calling of such general
meeting, submit his final report to Registrar.]
(j)
The Liquidator shall submit to the Registrar
a quarterly report in such form as the Registrar may specify showing
the progress made in the
Liquidation of the society.
(k)
The Liquidator shall keep such books and
accounts as may from time to time be prescribed
by the Registrar who may at any time cause such books and accounts to be audited.
(l)
At the conclusion of the liquidation, the
Liquidator shall call for a general meeting of
the members of the dissolved society at which the Liquidator or any
other person authorized by him by special or general order in writing
in this behalf, shall summarize the result of his proceedings
and shall take a vote as to the disposal of any surplus funds in the manner prescribed in sub-rule (2) of Rule 24. The Liquidator shall submit his final report to the Registrar
with a copy of the proceedings of the general
meeting referred to above and make over to the Registrar all books and registers and accounts, et., belonging to the society
and all books and accounts
relating to the liquidation proceedings kept by him.
(m)
If any liability cannot be discharged by the
Liquidator owing to the whereabouts of the
claimants not being known or for any other cause, the amount covered by such undischarged liability may be deposited in
a Co-operative Bank and shall be available for
meeting the claims of the person or persons concerned. Substituted for the
words ?The Liquidator shall? by GSR 85,
dated28-3-1987.
(n)
A Liquidator may, at any time, be removed by
the Registrar and he shall on such removal
be bound to hand over all the property and documents relating to the society under liquidation
to such persons as the Registrar may direct.
(o)
All the books and records of a society whose
registration has been cancelled and the proceedings
of liquidation of a society ordered to be wound up may be destroyed by the Registrar after the
expiry of three years from the completion of the liquidation.
Chapter IX Execution of Awards, Decrees,
Orders and Decisions
[Rule - 33-A.
Approved Societies.-
All societies which are
registered or deemed to be registered
under the Karnataka Co-operative Societies Act, 1959, and affiliated to any District
Central Co-operative Bank within the State of Karnataka, are declared as approved Societies for the purposes of Section 100 of the Act.
Rule - 33-B.
Manner of enquiry to be made by the Registrar before granting certificates to
approved Societies for the recovery of the amount of arrears.-
(1)
An approved
society shall send intimation to the borrower fifteen days prior to the
due date for the repayment of the loan in Form III requiring
the borrower to repay the loan on or before the
due date and notifying the debtor that on failure to pay the dues in time,
action will be taken against him under Section 100 of the Act.
(2)
In case the society has not sent an
intimation, the society shall, before submitting an application to the Registrar for obtaining a certificate under
Section 100, send a notice in Form
IV, informing the borrower that the failure on his part to repay the dues in
time has made him liable for action
being taken against him under Section 100 of the Act.
(3)
If the debt is not discharged on the due
date, the society shall submit to the Registrar an application in Form V for the grant of a certificate under
Section 100 for the recovery of the
debt due to it by the debtor as an arrear of land revenue, within one month
from the date when the debt was due.
(4)
The application for grant of a certificate
under Section 100 shall be accompanied by a copy
of the ledger account certified as true by the Secretary and either the
Chairman or anyone of the members of
the Managing Committee of the Society, and a copy of the intimation or the notice sent to the borrower to pay the dues
in time.
(5)
On receipt of an application from a society and before the grant of the
certificate the Registrar may request
the Deputy Commissioner to take action in accordance with sub-section (3) of Section 100.
(6)
On receipt of an application from a society
referred to in sub-rule (3) and further supported
by an affidavit regarding the demand and its urgency, the Registrar shall decide such application within fifteen
days from the date of receipt of the application by him, after causing such inquiry as to the correctness and truthfulness of the demand,
as he may think fit.
(7)
The Registrar may, if deemed necessary, cause
a notice in Form VI to be issued to the
borrower and to the sureties, if any, within ten days from the date of the
receipt of the application asking him
to show cause why a certificate under Section 100 for the recovery
of the dues as an arrear of land revenue
should not be granted to the
society.
(8)
In the event of the borrower making a
representation and disputing the demand of the
society within a period of eight days from the date of receipt of a notice
given to him by the Registrar, the
Registrar shall take such evidence as he may think necessary from the records of the society to
satisfy about the correctness of the transaction. In the absence of such
representation from the borrower, the Registrar shall proceed forthwith
to decide the application of the society after causing such enquiry to be made as he may think fit.
(9)
The Registrar shall decide the application for grant of certificates under Section 100 received from societies as
expeditiously as possible and, in any
case, not later than two months from the date of the receipt
of the application by him.
(10)
The Registrar shall maintain a Register of
applications from societies for grant of certificates
in Form VII and of the certificates granted by him to applicant by him to applicant societies.]
Rule ? 34. Application
for execution to the Recovery Officer.-
(1)
Every decree-holder requiring execution of a decree under the provisions of clause
(c) of Section 101, shall apply to
the Recovery Officer within whose jurisdiction the judgment-debtor resides or has property and shall deposit the
probable cost of execution as may be fixed by such officer.
(2)
Every such application shall be made in the
form specified by the Registrar and shall
be signed by the decree-holder. The decree-holder may indicate whether he
wishes to proceed against the
immoveable property mortgaged to the decree-holder or other immoveable property or to secure the
attachment of moveable property. Where he wishes to proceed against immoveable property, he shall give in the
applications such description of
the property as is sufficient for its identification. In case such property can
be identified by boundaries or numbers in a record
of rights, settlement or survey, the
specification of such boundaries or numbers and the specification of the judgment-debtor?s share or interest in
such property to the best of the belief of the decree- holder and so far as he has been
able to ascertain, shall be given
in the application.
(3) On
receipt of such application, the Recovery Officer shall verify the correctness
and genuineness of the particulars
set forth in the application with the records, if any, in the office of the Registrar and prepare a
demand notice, in writing in duplicate in the form specified by the Registrar, setting forth the name of the
judgment-debtor and the amount due
and forward it to the Sales Officer. In case the execution is against
immoveable property, the amount shall
include the expenses, if any, and the batta to be paid to the person who shall serve the demand notice,
the time allowed for payment. and in case of
non-payment, the particulars of the immoveable properties, if any, to be
attached and sold or to be sold
without attachment as the case may be:
Provided that where the
Recovery Officer is satisfied that a judgment-debtor with intent to defeat or delay the execution
proceedings against him is about to dispose of the whole or any portion of his property, the demand notice issued
shall not allow any time to the
judgment-debtor for payment of the amount due by him and the property of the defaulter
shall be attached forthwith.
Rule ? 35. Procedure
in execution.-
Unless the decree-holder has
expressed a desire that proceedings
should be taken in a particular order as laid down in sub-rule (2) of Rule 34 execution
shall ordinarily be taken in the following manner,-
(i)
moveable property of the judgment-debtor
shall be first proceeded against. but this shall not preclude
the immoveable property
being proceeded against
simultaneously in case of necessity.
(ii)
if there is no moveable property, or if the
sale proceeds of the moveable property
or properties attached and sold are insufficient to meet in full the demand of the decree-holder the immoveable property
mortgaged to the decree-holder, or other immoveable property belonging to the judgment-
debtor may be proceeded against.
Rule ? 36. Attachment
and sale of specific moveable property including crops on land.-
In the attachment and sale of moveable property
the following rules shall be observed.-
(a)
The Sale Officer shall after giving previous
notice to the decree-holder, proceed to the
village where the judgment-debtor resides,
or has property to be attached and serve the demand
notice issued under sub-rule (3) of Rule 34 upon the judgment-debtor, if he is
present. If the amount due together
with the expenses be not at once
paid, the Sale Officer shall make the
attachment by seizure or otherwise and shall immediately deliver to the judgment-debtor a list or inventory of
the property attached and an intimation of the
place, date and hour at which the attached property will be brought to
sale, if the amounts due are not paid
before such date. If the judgment-debtor is absent, the Sale Officer shall serve the demand notice
aforesaid on some adult male member of his family,
or on the authorized agent of the judgment-debtor or when such service cannot be affected, shall affix a copy of such
demand notice on some conspicuous part of the
judgment-debtor?s residence. He shall then proceed to make the
attachment and shall fix the list or
inventory of the property attached on the usual place of residence of the judgment-debtor, endorsing thereon the
place where the property may be lodged or kept and an intimation of the place, date and
hour of sale.
(b)
After the attachment is made, the Sale
Officer may arrange for the custody of the property
attached, with the decree-holder or otherwise. If the Sale Officer requires the decree-holder to undertake the custody of
the property he shall be bound to do so and any
loss incurred due to his negligence shall be made good by the decree-holder. If the attached
property is live-stock, the decree-holder shall be responsible for providing the necessary food therefore. The Sale Officer may,
at the instance of the judgment-debtor
or of any person claiming an interest in such property, leave it in the village or place where it was attached, in
the charge of such judgment-debtor or person, if he enters
into a bond in the form specified
by the Registrar with one or more sufficient
sureties for the production of the property when called
for.
(c)
No attachment
under clauses (a) or (b) shall
be made after sunset and before sunrise.
(d)
The attachment made shall not be excessive,
that is to say, the property attached shall be
in value as nearly as possible proportionate to the sum due by the
Judgment-debtor, together with interest and all expenses incidental to the attachment
and sale.
(e)
If crops or ungathered products of the land
belonging to judgment-debtor are attached,
the Sale Officer may cause them to be sold when fit for reaping or
gathering of at his option may cause
them to be reaped or gathered in due season and stored in proper place until sold. In the latter case, the expense of
reaping or gathering and storing such crops or
products shall be defrayed by the owner upon his redeeming the property
or from the proceeds of the sale in
the event of its being sold.
(f)
The Sale Officer shall not work the bullocks
or cattle, or make use of the goods or moveables
attached and he shall provide the necessary food for the cattle or livestock, the expense attending which shall be
defrayed by the owner upon his redeeming the
property or from the proceeds of the sale in the
event of its being sold.
(g)
It shall be lawful for the Sale Officer to
force open any stable, cow-house, granary, godown,
out-house or other building and he may also enter any dwelling house, the outer door of which may be open and may
break open the door of any room in such dwelling
house for the purpose of attaching property belonging to a Judgment-debtor and lodged therein, provided always that
It shall not be lawful for the officer to break open or enter apartment in such dwelling
house appropriated for the zenana or residence
of women except as hereinafter provided.
(h)
When the Sale Officer may have reason to
suppose that the property of a judgment- debtor
is lodged within a dwelling house, the outer door of which may be shut or within any apartments appropriated to women, which by custom or usage are considered
private, the Sale Officer shall represent the fact to the Officer in charge of the nearest police station. On such
representation the officer-in-charge of the said station shall send a
Police Officer to the spot in the presence of whom the Sale
Officer may force open the outer door of such dwelling house, in like
manner as he may break open the
door of any room within the house, except the zenana. The Sale Officer may also, in the presence of a Police Officer,
after due notice given for the removal of women
within a zenana and after furnishing means for their removal in a suitable manner, if they be women of rank who,
according to the custom or usage cannot appear in public, enter the zenana apartments for the purpose
of attaching the judgment-debtor?s
property, if any deposited therein, but such property, if found, shall be immediately removed from such
apartments after which they shall be left free for occupation as before.
(i)
The Sale Officer shall on the day previous to and on the day of sale, cause proclamation of the time and
place of the intended sale to
be made by beat of drum in the village in which the judgment-debtor resides and in such other place or places as the
Recovery Officer may consider necessary to give
due publicity to the sale. No sale shall take place until after the expiration
of the period of 15 days from the
date on which the sale notice has been served or affixed in the manner prescribed in clause (a):
Provided that where the
property seized is subject to speedy and natural decay, or where the expense of keeping it in custody
is likely to exceed its value, the Sale Officer may sell it at any time before the expiry of the said period of 15 days unless the amount
is sooner paid.
(j)
At the appointed time, the property
shall be put up in one or more lots, as the Sale Officer
may consider advisable, and shall be disposed of to the
highest bidder:
Provided that it shall be
open to the Sale Officer to decline to accept
the highest bid where the
price offered appears to be unduly low or for other reasons. Where the property
is sold for more than the amount
due, the excess amount, after deducting the interest and the expenses of process
and the other charges, shall be paid to the judgment-debtor:
Provided further, that the
Recovery Officer or the Sale Officer may, in his discretion adjourn the sale to a specified day and hour
recording his reasons for such adjournment. Where a sale is so adjourned for a longer period than 7 days, a fresh
proclamation under clause (h) shall be made unless the judgment-debtor consents
to waive it.
(k)
The property shall be paid for in cash at the time of sale or as soon thereafter
as the officer holding the
sale shall appoint, and the purchaser shall not be permitted to carry away any part of the property until he has paid for it in full. Where the purchaser fails
to pay the purchase
money, the property
shall be resold.
(l)
Where any property which has been attached
under these rules has been forcibly or clandestinely removed
by any person, the Sale Officer may apply to Magistrate having jurisdiction for restoration of
such property. Where the Magistrate is satisfied about the truth of the facts, as alleged in the application he
may order forthwith such property to be
restored to the Sale Officer.
(m)
Where prior to the sale, the judgment-debtor
or any person acting on his behalf or any person claiming
an interest in the property
attached pays the full amount due including interest, batta and other costs
incurred in attaching the property, the Sale
Officer shall cancel
the order of attachment and release the property forthwith.
(n)
The moveable properties mentioned as exempt
from attachment in the proviso to Section
60 of the Code of Civil Procedure, 1908 (V of 1908), shall not be liable to attachment or sale under these rules.
Rule ? 37. Attachment
of other moveable property.-
(1)
Where the moveable property to be attached is the salary or allowances or
wages of an officer or servant of Government or Railway Company or local authority, the Recovery Officer may, on
receiving a report from the Sale
Officer, order that the amount shall, subject to the provisions of Section 60
of the Code of Civil Procedure, 1908
(V of 1908), be withheld from such salary or allowances or wages, either in one payment or by monthly
installments as the said Recovery Officer may
direct and upon notice of the order, the Officer or other person whose
duty it is to disburse such salary or
allowances or wages shall withhold and remit to the Sale Officer the amount due under the order or the monthly
installment, as the case may be.
(2)
Where the property to be attached consists of
the share or interest of the judgment- debtor
in moveable property belonging to him and another as co-owners, the attachment shall be made by a notice to the judgment-
debtor, prohibiting him from transferring the
share or interest or charging it in any way.
(3)
Where the property to be attached is a
negotiable instrument not deposited in a Court, nor in the custody of a public officer, the attachment shall be
made by actual seizure and the instrument shall be brought
to the office of the Recovery Officer
ordering the attachment and be held subject
to his further orders.
(4)
Where the property to be attached is in the
custody of any Court or public officer, the attachment shall be made by
a notice to such Court or officer
requesting that such property and any interest
or dividend becoming
payable thereon may be held subject to the further
orders of the Recovery
Officer issuing the notice:
Provided that where such
property is in the custody of a Court or Recovery Officer of another district, any question of title or
priority arising between the decree-holder and any other person not being the judgment-debtor, claiming to be
interested in such property by virtue
of any assignment, attachment or otherwise shall be determined by such Court or Recovery
Officer, as the case may be.
(5)
(a) Where the property to be attached
is a decree either for the payment of money or for sale in enforcement of a mortgage or
charge, the attachment shall be made, if the
decree sought to be attached was passed by the Registrar or by any person to whom a
dispute was transferred by the Registrar under Section 71 of the Act or by an Arbitrator, then by
the order of the Registrar.
(b) Where the Registrar
makes an order under clause (a) he shall, on the application of the decree-holder, who has attached the
decree, proceed to execute the attached decree and apply the net proceeds in
satisfaction of the decree
sought to be executed.
(c) The holder of a decree
sought to be executed by the attachment of another decree of the nature specified in clause (a), shall be
deemed to be the representative of the holder of the attached decree and to be entitled to execute such attached
decree in any manner, for the holder thereof.
(d) Where the property to be
attached in execution of a decree is a decree other than a decree of the nature referred to in clause (a),
the attachment shall be made by the issue of a notice by the Recovery Officer to the holder of such decree, prohibiting
him from transferring or charging the same
in anyway.
(e) The holder of a decree attached under this sub-rule, shall give the Recovery Officer executing the decree such information and aid as may reasonably
be required.
(f) On the application of the holder of a decree
sought to be executed by the attachment of another decree, the Recovery Officer making an order of attachment under
this sub-rule shall give notice of such order to the judgment-debtor bound by the decree-attached. and no payment or
adjustment of the attached decree made by the judgment-debtor
in contravention of such
order after receipt of notice thereof, either through the said Recovery
Officer or otherwise, shall be recognized so long as the attachment
remains in force.
(6)
Where the moveable
property to be attached is,-
(a) a debt due
to the judgment-debtor in question.
(b) a share in the capital of a corporation or
a deposit invested therein. or
(c)
other moveable property
not in the possession of the defaulter, except property deposited in or in the custody of any
Civil Court, the attachment shall be made by a
written order signed by the Recovery Officer
prohibiting,-
(i)
in the case of a debt, the creditor from recovering the debt and the debtor from making payment thereof.
(ii)
in the case of a share or deposit, the person
in whose name the share or the deposit may
be standing, from transferring the share or deposit or receiving any dividend
or interest thereon. and
(iii) in
the case of any other moveable property except aforesaid, the person in
possession of it from giving it over
to the judgment-debtor. A copy of such order shall be sent in the case of the debt to the debtor, in the case of the share or deposit to the proper officer of the corporation and in the case of the
other moveable property except property deposited in or in the custody of a Civil Court, to the person in
possession of such property. As soon as
the debt referred to in clause (a) or the deposit referred to in clause (b)
mature, the Recovery Officer
may direct the person concerned to pay the amount
to him.
(7)
Where the share referred to in clause (b) is
not withdrawable the said Recovery Officer shall arrange for its sale through a broker. Where the share is
withdrawable, its value shall be paid to
the said Recovery Officer or to the party referred to in clause (c) and the
person concerned shall place it in
the hands of the said Recovery Officer, as it becomes deliverable to the defaulter.
Rule ? 38. Attachment
and sale of immoveable property.-
(1) Immoveable property
shall not be sold in execution of a decree unless such property has been previously attached:
Provided that where the decree has been obtained
on the basis of a mortgage of such property it shall not be necessary to attach it.
(2) In the attachment and sale or sale without
attachment of immoveable property, the following rules shall be observed,-
(a) The
Sale Officer shall serve or cause to be served a copy of the demand notice
issued under sub-rule (3) of Rule 34
upon the judgment-debtor or, if he is not available, upon some adult male member of his family
or upon his authorized agent, or,
if such service is not possible,
shall affix a copy thereof on some conspicuous part of the immoveable property about to be attached
and sold or sold without attachment, as the case may be.
(b) If
the judgment-debtor fails to pay the amount specified in the demand notice
within the time allowed, or, if no
time is allowed, immediately, the Sale Officer shall proceed to attach and sell, or sell without
attachment, as the case may be, the immoveable
property specified in the demand notice.
(c)
Where attachment is required before sale, the
sale officer shall cause a notice of attachment to be served on the judgment-debtor personally or on an adult male member
of his family, or on his authorized agent. Where such service is not possible, the notice shall be affixed in some
conspicuous part of the judgment-debtor?s last
known place of residence. The fact of attachment shall also be
proclaimed by beat of drum or other
customary mode at some place on or adjacent to the property attached, and at such other place or places as the
Recovery Officer may consider necessary to give
due publicity to the sale. The attachment notice shall set forth that, unless
the amount due with interest and
expenses be paid within the date therein mentioned, the property will be brought to sale. A copy of such notice shall be
sent to the decree- holder. Where the
Recovery Officer so directs the attachment shall also be notified in the Official
Gazette.
(d) Proclamation
of sale shall be published by
affixing a notice in the office of the Recovery
Officer and in the Taluk Office at least thirty days before the date fixed for the sale. It shall also be published by
beat of drum in the village on two consecutive
days previous to the date of sale and on the day of sale prior to the
commencement of the sale. Such
proclamation shall, where attachment is required before sale, be made after the attachment has been effected.
Notice shall also be given to the decree-holder and the judgment-debtor. The proclamation shall state the time
and place of sale and specify as fairly and accurately as possible,-
(i)
the property to be sold.
(ii)
any encumbrance to which
the property is liable.
(iii) the amount for the recovery of which
sale is ordered. and
(iv) every other matter which the sale officer considers
material for a purchaser to know in order
to judge the nature
and value of the property.
(e)
When any immoveable property is sold under
these rules, the sale shall be subject to the
prior encumbrances on the property, if any. The decree-holder shall, when the amount for the realization of which the sale is held exceeds
Rs. 100, furnish
to the Sale Officer within such time as may be fixed by him or by the
Recovery Officer, an encumbrance
certificate from the Registration Department for the period of not less than twelve years prior to the date of
attachment of the property sought to be sold, or in cases falling under the proviso
to sub-rule (1) prior to the date of the application for execution. The time for the production of the encumbrance certificate may be extended
at the discretion of the Sale Officer or the Recovery Officer as the case may be:
Provided that in case where
an encumbrance certificate is not obtainable owing to the destruction of the connected records, an
affidavit from the village patwari (shanbhogue) in regard to the encumbrances known to him supported by a certificate
from the Registration Department that the encumbrance certificate cannot be granted owing to the destruction of the connected records, shall be accepted in the
place of an encumbrance certificate
(f)
The sale shall be by public auction to the highest
bidder, provided that it shall be open to
the Sale Officer to decline to accept the highest bid where the price offered
appears to be unduly low or for other
reasons and provided also that the Recovery Officer or the Sale Officer may, in his discretion, adjourn the sale to a
specified day and hour, recording his
reasons for such adjournment. Where a sale is so adjourned to a longer period than 7 days, a fresh proclamation
under clause (d) shall be made, unless the judgment-debtor consents in writing to waive it.
(g) The
sale shall be after the expiry of not less than 30 days calculated from the
date on which notice of the
proclamation was affixed in the office of the Recovery Officer. The time
and place of sale shall be fixed by the Recovery Officer and the place of sale shall be the village
where the property
to be sold is situated
or such adjoining prominent place
of public resort as may be fixed by the said
Recovery Officer.
(h) A
sum of money equal to 15 per cent of the price for which the immoveable property is purchased in the auction shall be paid
by purchaser to the Sale Officer at the time of purchase, and in
default of such deposit, the property
shall forthwith be resold:
Provided that, where the
decree-holder is the purchaser and is entitled to set off the purchase money under clause (1) the Sale
Officer shall dispense with the requirements of this rule:
[Provided
further that where the Government is the purchaser the purchase money shall be remitted to the Decree-holder immediately
after the expiry of ninety days from the date of the sale.]
(i)
The remainder of the purchase money and the
amount required for the general stamp for the sale
certificate shall be paid within 45 days from the date of sale:
[x x x x x.]
Provided further that in calculating
the amounts to be paid under this clause, the
purchaser shall have the advantage
of any set off to which he may be entitled under clause (1).
(j)
In default of payment of the remainder of the
purchase money, within the period mentioned
in clause (i), the deposit, may, if the Recovery Officer thinks fit, after defraying the expenses of the sale, be
forfeited to the Government and the defaulting
purchaser shall forfeit all claims to the property or to any part of the
sum for which it may subsequently be sold.
(k) Every
resale of immoveable property in default of payment of the amounts mentioned in clause (i) within the period allowed
for such payment, shall be made after the issue of a fresh proclamation in the manner and for the period therein
before prescribed for the sale.
(l)
Where a decree-holder purchases the property,
the purchase money and the amount due
on the decree shall be set off against one another, and the Sale Officer shall
enter up satisfaction of the decree
in whole or in
part, accordingly.
(3) Where
prior to the sale, the judgment-debtor, or any person acting on his behalf or
any person claiming an interest in
the property sought to be sold tenders payment of the full amount due together with interest, batta
and other expenses incurred in bringing the property to sale, including the expenses of attachment, if any, the Sale
Officer shall forthwith release the property
after cancelling where
the property has been attached, the order of attachment.
(4) (a)
Where immoveable property has been sold, any person either owning such property
or holding an interest therein by
virtue of a title acquired before such sale may apply to have the sale set
aside on his depositing with the
Recovery Officer,-
(i)
For payment to the purchaser a sum equal to 5
per cent of the purchase money. and
(ii)
for payment to the decree-holder the amount of arrears specified
in the proclamation of scale as
that for the recovery of which the
sale was ordered together with interest thereon and the expenses of attachment, if any, and sale and other costs due in respect of
such amount, less amount which may
since the date of such proclamation have been received by the decree-holder.
(b) If such deposit and
application are made within 30 days from the date of sale, the Recovery Officer shall pass an order
setting aside the sale and shall repay to the
purchaser the purchase money so far as it has been deposited together
with the 5 per cent deposited by the
applicant:
Provided that, if more persons than one have made deposit and application under this sub-rule, the application of the first
depositor to the Recovery Officer
shall be accepted:
[Provided further that where the purchaser
is the Government, the sale shall be set aside if the person
owning the property or any person
interested, therein,-
(i)
makes the application within sixty days from the date of sale along
with,-
(a) a sum equal to five per cent of the purchase
money for payment
to Government. and
(b) fifty per cent of tile amount due under
the decree for payment to the decree
holder. and
(ii) pay the balance within
thirty days thereafter i.e., within ninety days from the date of sale.]
(a)
If a person applies under sub-rule (5) to set aside the sale of an immoveable property, he shall not be
entitled to make an application under this sub-rule.
(5) (a) At any time within 30 days from the date
of the sale of an immoveable property, the decree-holder
or any person entitled to share in a rateable distribution of the assets or whose interests are affected by the sale, may apply to the Recovery Officer
to set aside tile sale on the ground of a material
irregularity or mistake
or fraud in publishing or conducting
it:
Provided that no sale shall
be set aside on the ground of irregu1arity or mistake or fraud unless the said Recovery Officer is
satisfied that the applicant has sustained substantial injury by reason
of such irregularity, mistake or fraud:
[Provided further
where the purchaser is Government the sale will be confirmed,-
(a) after
the expiration of sixty days where no application
to have sale set aside is made under sub-rule
(4). or
(b) after
the expiration of ninety days where an application to set aside under sub-rule
(4) is made but the balance of the
amount due under the decree is not deposited within ninety days from the date of sale.]
(c)
If the application be allowed, the said Recovery Officer shall set aside the sale and may direct
a fresh one.
(6) (a)
On the expiration of thirty days from the date of sale, if no application to
have the sale set aside, either under sub-rule (4) or sub-rule
(5) is made or if such application has been made and is rejected, the said Recovery
Officer shall make an order confirming the sale.Provided that if he shall have reason to think that the sale ought to be set aside notwithstanding that no such application
has been made or on grounds other than those
alleged in any application which has been made and rejected, he may,
after recording his reasons in writing, set aside the sale.
(b) Whenever the sale of any immoveable property
is not confirmed or is set
aside, the deposit or the purchase money, as the case may be, shall be returned
to the purchaser.
(7) On the confirmation of a sale under this rule, the Recovery Officer
shall grant a certificate
of sale bearing his seal and signature to the purchaser, and such certificate
shall state the property sold and the
name of the purchaser, and it shall be conclusive evidence of the fact
of the sale to such purchaser.
(8) [The land purchased by Government in satisfaction of any decree prior to commencement of the Karnataka
Co-operative Societies (V Amendment) Rules,
1977 shall be reconveyed to the person who own the
property or held an interest therein by virtue of a title acquired before the sale if he makes application for such
reconveyance and deposits with the
recovery officer within a period of ninety days from the date of coming into
force of these rules.-
(a)
five per
cent of the purchase money as solatium.
(b)
purchase money at the interest
of eight and a half per cent per annum from the date of sale up to the date of deposit.]
[Rule - 38-A.
Transfer of property which cannot be sold.-
(1)
When in execution of an order sought to be executed under Section
101, any property cannot be sold for want of
buyers, if such property is in the possession of the defaulter or some
person in this behalf, or some person
claiming it under a title, created by the defaulter subsequent to the issue of
the certificate by the Registrar or
any person authorized by him under clause (a) or (b) of the said section the officer conducting the
execution shall as soon as practicable report the fact to the Court or the Deputy Commissioner or the
Registrar, as the case may be, and the Society
applying for the execution
of the said order.
(2)
On receipt of a report under sub-rule (1),
the society may, within SIX months from the date
of the receipt of the report or within such further period as may for
sufficient reasons be allowed in any
particular case by the Court or the Deputy Commissioner or the Registrar, submit an application in writing to the
Court, the Deputy Commissioner or the Registrar, as the case may be,
stating whether or not it agrees to take over such property.
(3)
On receipt of an application under sub-rule
(2), notices shall be issued to the defaulter and to all persons known to be interested in the property,
including those whose names appear in the
Record of Rights as persons holding any interest in the property, about the
intended transfer.
(4)
On receipt of such a notice, the defaulter,
or any person owing such property or
holding an interest therein by virtue of a title
acquired before the date of the issue of a certificate
under Section 101, may within
one month from the date of receipt
of such notice, deposit with the Court or the Deputy
Commissioner, or the Registrar, for payment to the society a sum equal to the amount due under the
order sought to be executed together with interest thereon and such additional sum for payment of costs and other incidental expenses as may be determined in this behalf by the Court
or the Deputy Commissioner or the Registrar, as the case may be.
(5)
On failure of the defaulter, or any person
interested, or any person holding any interest in the property, to deposit the amount under sub-rule (4), the
Court or the Deputy Commissioner or the Registrar, as the case may be shall direct the property
to be transferred to the Society on the conditions stated in the certificate in Form
in.
(6)
The certificate granted under sub-rule (5)
shall state whether the property is transferred to the Society in full
or partial satisfaction of the amount due to it from the defaulter.
(7)
If the property is transferred to the Society
in partial satisfaction of the amount due to it from the defaulter, the Court or the Deputy Commissioner or the Registrar,
as the case may be, shall on the production by the society of a
certificate signed by the Registrar recover the balance due to the society in
the manner laid down in Section 101.
(8)
The transfer of the property
under sub-rule (5) shall be effected as follows.-
(a) Where
the property is growing or standing crop, it may be delivered to the society before it is cut and gathered and the
Society shall be entitled to enter the land, and to do all that is necessary for the purpose
of tending and cutting and gathering.
(b) Where
the property is in the possession of the defaulter or of some person on his behalf or some person claiming under a
title created by the defaulter subsequent to the issue of a certificate under Section 101, the Court or the
Deputy Commissioner or the Registrar, as the case may be, shall, order delivery to be made by putting the society
or any person whom the Society may appoint to receive delivery on its
behalf, in actual possession of the property and if need be,. by
removing any person who illegally refuses to vacate the same.
(c)
Where the property is in the possession of a
tenant or other person entitled to hold the same
by a title acquired before the date of issue of a certificate under Section
101, the Court or the Deputy Commissioner
or the Registrar as the case may be, shall order delivery to be made by affixing a copy of the certificate of
transfer of the property to the society
in some conspicuous place on the property
and proclaiming to such person by
beat of drum or other customary mode at some convenient place, that the interest of the
defaulter has been transferred to the Society.
(9)
The Society shall be
required to pay expenses incidental to sale.
(10)
Where the land is transferred to the Society
under clause (a) of sub-rule (8) before a growing
or standing crop is cut and gathered, the Society shall be liable to pay the
current year?s land revenue on the
land.
(11)
[(The Society
shall forthwith report
any transfer of property under clause (b) or (c) of sub-rule (8).-
(i)
to the City Municipal Corporation, Municipal
Council or Town Panchayat in case the property
is situated in a larger urban area, smaller urban area or transitional area respectively.
(ii)
to the Village
Accountant, in case the property is situated
in other areas, for information and entry in the record
of rights by the concerned authorities.]
(12)
The Society to which the property is
transferred under sub-rule (5), shall maintain for each such defaulter
a separate account showing all the expenses
incurred including payment
to outside encumbrances, land revenue and other dues on the property and
all the income derived from it.
(13)
The Society to which the property is
transferred under sub-rule (5), shall use its best endeavour to sell the property as soon as practicable to the
best advantages of the Society as well
as that of the defaulter, the first option being always given to defaulter who
originally owned the property. The
sale shall be subject to the confirmation by the Registrar. The proceeds of the sale shall be applied to
defraying the expenses of the sale and other expenses incurred by the Society and referred to in sub-rules (9) and
(12) and to the payment of the arrears due by the defaulter under the order in execution, and the surplus (if any), shall then be paid to the defaulter.
(14)
Until the property
is sold, the society to which the property is transferred under sub-rule
(5) shall use its best endeavours to lease it or to make any other use that can
be made of it so as to derive the largest possible income
from the property.
(15)
When the society to which property is
transferred under sub-rule (5) has realized all its dues, under the order in execution
of which the property was transferred, from
the proceeds of management of the property, the property, if unsold,
shall be restored to the defaulter.]
Rule ? 39. Effect
of an attachment on private alienation, etc.-
Where an attachment has been made under these rules, any private
transfer or delivery of the property attached or of any interest therein and any payment to the judgment-debtor of any
debt, dividend or other moneys contrary to such attachment, shall
be void as against all claims enforceable under the attachment.
Explanation.-For the purpose of this sub-rule,
claims enforceable under an attachment include claims for the rateable distribution of assets under Rule 44.
Rule ? 40. Batta,
costs and receipts for payments made.-
(1)
Persons employed in serving notices or other processes under these rules
shall be entitled to batta at such rates as may from time to time be
fixed by the Recovery Officer.
(2) Where
the cost and charges incurred in connection
with the attachment and sale of moveable
property or the attachment and sale or sale without attachment of immoveable property under this rule, exceeds the
amount of the cost deposited by the decree-holder under sub-rule (1) of Rule 34, such excess shall be deducted from the
sale proceeds of the property sold or
the moneys paid by the
judgment-debtor as the case
may be, and the balance
shall be made available to the
decree-holder.
(3)
Every person making a payment to the Sale
Officer or other officer empowered by the Recovery Officer
in that behalf, towards any money due for the recovery of which application has been made under these
rules, shall be entitled to a receipt for the amount, signed by such officer. such receipt shall
state the name of the person making
the payment and the subject-matter in respect of which the
payment is made.
Rule ? 41. Investigation
of claims to property attached.-
(1) Where
any claim is preferred to or any
objection is made to the attachment of, any property attached under these
rules, on the ground that such
property is not liable to such attachment, the Sale Officer shall investigate the claim or objection and make an order
either rejecting the claim or allowing the claim and to that extent
raising the attachment made:
Provided that the Sale Officer may refuse to investigate the claim if he considers
that the claim
or objection is frivolous or made on
or after the date fixed for sale.
(2) Where the property to which the claim or objection relates
has been advertised for sale, the Sale Officer
may postpone the sale pending
the investigation of the
claim or objection.
(3) Where
a claim or an objection is preferred the party against whom an order is made
may institute a suit within six months from the date of the order to establish
the right which he claims to the property in dispute, but subject to the result
of such suit, if any, the order shall be conclusive.
Rule ? 42. Loss
caused by re-sale due to default by purchaser at first sale.-
(1) Any
deficiency of price, which may
happen on are-sale held, under clause (k) of sub-rule (1) of Rule 36 or clause (h) and (k) of sub-rule (2) of Rule
38, by reason of the purchaser?s default, and all expenses attending such re-sale shall be certified by the Sale
Officer to the Recovery Officer and
shall, at the instance of either the decree-holder or the judgment-debtor be
recoverable from the defaulting
purchaser. The costs, if any, incidental to such recovery shall also be borne by the defaulting purchaser.
(2) Where
the property is on second sale, sold for a higher price than the first sale,
the defaulting purchaser at the first sale shall have no claim to the difference or increase.
Rule ? 43. Dismissal
of application for execution for default of decree-holder.-
Where any property has been attached in execution of a
decree, but by reason of the decree-holder?s default, the Sale Officer or Recovery Officer
is unable to proceed further
with the application for execution such officer shall either dismiss the application or for any sufficient
reason adjourn the proceedings to a future date. Upon the dismissal
of such application, the attachment shall cease.
Rule ? 44. Distribution
of assets when there are claims under several decrees.-
(1) Where
the Sale Officer attaches or has
attached under these rules, any property not in the custody of any Court, which is already under attachment
made in execution of a decree of any Court such Court shall receive and realize such property and shall
determine claims thereto and any objections
to the attachment thereof.Provided that where the property is under attachment
in the execution of decrees, of more Courts
than one, the Court which shall receive or realize such property and shall determine and claim thereto and any
objection to the attachment thereof
shall be the Court of the highest grade, or where there is no difference in
grade between such Courts, the Court
under whose decree the property
Was first attached.
(2) Where
assets are held by the Sale Officer and before the receipt of such assets,
demand notices in pursuance of
applications for execution of decree against the same judgment-debtor have been received
from more than one decree-holder and the decree-holders have not obtained satisfaction, the assets after
deducting the costs of realisation, shall be rateably distributed by the Sale Officer among all such decree- holders
in the manner provided in Section 73 of
the Code of Civil
Procedure, 1908.
Rule ? 45. Death
of judgment-debtor-Execution against legal representative.-
(1) Where a judgment-debtor dies before the decree has been fully satisfied, an application under sub-rule
(1) of Rule 34 may be made or continued against the legal representative of the
deceased and thereupon all the
provisions of this Chapter shall, save as otherwise provided in this rule, apply as if such legal representative were
the judgment-debtor.Provided that a show-cause
notice shall be issued to such legal representative and his objections heard, before execution
is proceeded against him.
(2) Where
the decree is executed against such legal representative, he shall be liable
only to the extent of the property of
the deceased which has come to his hands and has not been duly disposed of. and for the purpose of
ascertaining such liability, the Recovery Officer executing the decree may, of his own motion or on
the application of the decree-holder, compel such legal representative to produce such accounts as he thinks
fit.
Rule ? 46. Fee
for processes issued under these Rules.-
Where, in connection with the proceedings on an application under
Section 100 of the Act, any person requires the issue of any process or objects to any process issued or objects to any
order passed, he shall pay such fee, as may
be specified by the Registrar in this behalf.
Rule ? 47. Mode
of making attachment before judgment.-
(1) Attachment
of property under Section 103 of
the Act, shall be made in
the manner provided in Rules
36, 37 and 38.
(2) Where
a claim is preferred to property attached under sub-rule (1), such claim shall
be investigated in the
manner and by the authority specified in Rule 41.
(3) Where
an attachment of any property is made under sub-rule (I), the Recovery Officer shall order the attachment
to be withdrawn.-
(a) when the party concerned furnishes the security
required, together with security for the
cost of the attachment.
(b)
when the liquidator determines under clause (b) of sub-section (2) of Section 74 of the Act that no contribution is payable by the party concerned.
or
(c)
when the Registrar passes an order under
sub-section (1) of Section 69 that the party
concerned need not repay or restore any money or property or contribute any sum to the assets of the society
by way of compensation or.
(d) when the dispute referred
to in sub-section (1) of Section 71 has been decided against
the party at whose
instance the attachment was made.
(4) Attachment made under sub-rule (1) shall not affect the rights existing prior to the attachment,
of persons not parties to the proceedings in connection with which the
attachment was made, nor bar any
person holding a decree against the person whose property is attached from applying
for the sale of the property under attachment in execution of such decree.
(5) Where
property is under attachment by virtue of the provisions of this rule and a
decree is subsequently passed against
the person whose property is attached, it shall not be necessary upon an
application for execution
of such decree
to apply for re-attachment of the property.
Rule ? 48. Procedure
for distraint and sale of produce including standing crops on property
mortgaged to a [Primary
Agriculture and Rural Development Bank].-
(1) On
receipt of an application from the [Board]
of a [Primary
Agriculture and Rural Development Bank] under Section 88, the Registrar may, after satisfying himself that the installment or any part of
such installment has remained unpaid for more than one month from the date on
which it fell due, and that the application has been made within twelve months from the date on which the installment
fell due, make an order for the distraint of a
sufficient part of the produce of the mortgaged land including the standing crops thereon.
(2) On
the making of an order under sub-rule (1) the Registrar shall send a copy of
such order to the Sale Officer for
effecting the distraint ordered, whereupon the Sale Officer shall proceed in the manner provided for in Rule 36 for attachment and
sale of specific moveable property so far as such provisions apply
to distraint and sale of the produce of land including standing crops.
Rule - 49.
Sale of mortgaged property under Section 89.-
(a) The
procedure prescribed in Rule 38 for
sale without attachment of immoveable property shall, to the extent necessary,
be applicable to a sale of mortgaged
property under Section 89.
(b) The provision
of Rule 42 shall also apply to such sales.
[Chapter IX-A Primary Agriculture and Rural Development Bank]
Rule - 49-A.
Procedure for submission and consideration of applications for loans from [Primary
Agriculture and Rural Development banks].-
(1) All applications for loans from a Primary
Agriculture and Rural Development Bank shall be made in the form prescribed by the [State Agriculture and Rural Development Bank.] The form shall among other things contain a list of documents which are required
to be submitted for purposes
of dealing with the
application.
(2) Every
[Primary
Agriculture and Rural Development Bank] shall keep sufficient stock of printed copies of the forms of loan
applications and shall supply them to the intending borrower on payment of such fees as may be specified, from time
to time by the [State Agricultural and Rural Development Bank.]
(3) Every [Primary
Agricultural and Rural Development Bank] shall specify, from time to time, the name,
designation and address of the officer ?(hereinafter in this Chapter
referred to as "the receiving
officer"), who shall receive all loans applications from the intending borrowers.
(4) The
application together with copies of necessary documents and the amount of all
fees specified by the [State
Agriculture and Rural Development Bank] with the approval of the Registrar and deposit equivalent to the
value of one share of the Bank shall be submitted by the applicant to the
Receiving Officer.
(5) On
receipt of an application for loan, the Receiving Officer shall affix his
initials on the application and mention his designation and
the date of receipt of the application.
(6) After
an application for loan has been received, the Receiving Officer shall verify
whether it contains all the
necessary particulars and is accompanied by the necessary documents. If any details
are lacking, he shall get the application completed by the applicant.
(7) Each
application shall be entered in the chronological order in the register of
applications for loans from the
Primary Agriculture and Rural Development Bank to be maintained by the Receiving
Officer and shall be
dealt with in the same
order.
(8) For
purposes of Section 82-B, the prescribed officer shall be, [x
x x x x] the Assistant Registrar of Co-operative Societies.
(9) (i)
Immediately after the application is entered in the register of applications
for loans from the [Primary
Agriculture and Rural Development Bank], the Receiving Officer shall give at least eight days public notice in
Form IV calling upon all persons interested to present their objections to the grant of the loan, applied for. The
notice shall also be affixed at the chavadi
of the village or villages where the applicant resides and in the limits of
which the land or lands proposed to
be improved or offered, as security for the loan is or are situated. A copy of the notice shall be exhibited in
the head office and relevant branch office, if any, of the [Primary
Agriculture and Rural Development Bank] concerned and in the office, if any, of the person giving the notice.
(ii) If any person
interested fails to appear as required by the aforesaid notice, the questions
at issue shall be decided in his
absence and such person shall have no claim whatsoever against the property for which the loan applied
for will be sanctioned till such time as the loan together with interest thereon or any other dues arising out of
the loan are paid in full by the loanee.
(10) The
prescribed Officer shall after making an order under sub-section (2) of Section
82- B, forward the applications
within two days of their disposal to the Primary Agriculture and Rural Development Bank concerned. The [Primary
Agriculture and Rural Development Bank] may appoint
any enquiry Officer
(hereinafter in this Chapter referred
to as "the Enquiry
Officer") to enquire into the applications. The Enquiry Officer shall make
inquiry by actually visiting the land
in which the improvement is proposed to be effected and the lands and other property offered as security. He
shall, after such inquiry, forward a report in the form prescribed by a regulation made by the [State
Agriculture and Rural Development Bank.]
(11) The
enquiry Officer may make such other enquiries as may be necessary and shall
value the lands according to such
formula as may be laid down by the [State
Agriculture and Rural Development
Bank], with the approval of the Registrar, from time to time, estimate the repaying capacity of the applicant and
examine the feasibility and utility of the proposed improvement. He shall then submit his report stating what amount
of loan may be granted to the
applicant against what security and for what purpose and the period within
which it may be recovered from him.
(12) After completion of the enquiry,
the application together
with his reports
shall be submitted by the enquiry Officer to the [Primary
Agriculture and Rural Development Bank] together
with the Certificate regarding outstanding Government dues and the certificates specified
by the [State Agriculture and Rural Development Bank.]
(13) On receipt
of the report of the Enquiry
Officer under sub-rule (12), the [Primary Agriculture and Rural Development Bank] shall satisfy itself that the inquiry has been properly conducted. If there are any deficiencies, the Bank shall get them completed immediately.
(14) The [Primary Agriculture and Rural Development Bank] may then undertake further
scrutiny as may be necessary and pass final orders.
(15) In the case of rejection of applications for loans, the reasons therefore
shall be communicated by the Bank to the applicant.
When the loan has been sanctioned, the Bank shall
lay down the terms and conditions regarding grant of the loan, regarding
payment of installments, submission
of report on the progress of improvement of land and release of subsequent installments. The applicant
shall be required to be present at the head office or branch office of the Bank on a date to be fixed for execution of
the mortgage deed and for receiving the amount
of loan or the first installment thereof.
(16) The
applicant, while receiving the amount of the loan or the first installment of
the loan, shall purchase shares of
the Bank to such extent as may be required under the bye-laws of the Bank. [The
Primary Agriculture and Rural Development Bank] shall issue receipt to the applicant
giving full particulars of the amount paid by him from time to time.
Rule - 49-B.
Registration of mortgage or lease under Section 85-A.-
Copies of instruments referred to in Section 85-A, duly
certified by the Secretary of the [Primary
Agriculture and Rural Development
Bank] shall be sent by the [Primary
Agriculture and Rural Development Bank]
to the Registering Officer concerned within a period of three months from the
date of execution of the instruments by registered post or by delivery
in person.
Rule - 49-C.
Submission of report for confirmation of sale under Section 89-A.-
(1) The
report referred to in sub-sections
(1) and (2) of Sections 89-A, shall contain, amongst other details, the following particulars.-
(a)
a brief
account of the circumstances which rendered
the sale necessary.
(b)
full details showing how the provisions of sub-section (2) of Section 89 have been complied with.
(c)
full details showing how the procedure for holding the sale of immovable property
has been followed.
(d) name of the Sale Officer.
(e)
place of sale.
(f)
date of sale.
(g) description of property sold.
(h) name of purchaser and his address.
(i)
value realized.
(j)
cost of sale. and
(k)
date of receipt
of purchase money from the purchaser.
(2) The [State
Agriculture and Rural Development Bank] or the Registrar may call for any clarification deemed necessary from the [Primary
Agriculture and Rural Development Bank] and
satisfy itself or himself that the sale has properly been conducted and the [Primary Agriculture and Rural Development Bank]
shall furnish the same forthwith. The Registrar may call for any clarification from the State Agriculture and
Rural Development Bank for the same
purpose and such clarification shall
be furnished forthwith by the [State
Agriculture and Rural Development Bank.]
Rule - 49-D.
Certificate of purchase.-
The certificate to be granted by [Primary Agriculture and Rural Development Bank] under sub-section
(1) of Section 89-C shall be in Form
V.]
[CHAPTER IX-B Co-operative Appellate Tribunal
Rule - 49-E.Sittings
of the Tribunal. ?
[x x x x x]
Rule - 49-F.
Office hours and holidays.-
[x
x x
x x.]
CHAPTER X Miscellaneous
Rule - 50.
Maintenance of register of names, etc., of Co- operative Societies.-The
Registrar shall maintain.-
(1) A
register of the names and addresses of all Co-operative Societies registered under the Act, and
(2) A record of the bye-laws of each such Co-operative Society,
with all subsequent amendments thereto arranged in the order in which
the amendments are registered.
[Rule - 51.
Accounts and other books to be maintained by societies.-
[x x
x x x .]
Rule ? 52. Power
of Registrar to direct accounts and books to be written up.-
The Registrar may, by order in writing, direct any
Co-operative Society to get any or all the accounts and books required to be kept by it under Rule 51
written up to such date, in such form and within such time as the may direct. In case of failure by any Society to do
so, the [Registrar]
may depute an officer subordinate to
him or authorize any other person to write up the accounts and books. In such cases, it shall be
competent for the [Registrar]
to determine with reference to the
time involved in the work and the emoluments of the officer deputed or other
person authorized, the charges which
the society concerned should pay to the State Government or the person
authorized, as the case
may be and to t Its
recovery from the society.
Rule ? 53. Statements
and Returns to be furnished by Societies.-
(1) Every
Co-operative Society shall prepare for each Co-operative year in such form as may be specified by [The Director
of Co-operative Audit and furnish within [One
month] from the end of that year to the Registrar and the
Director of Co-operative Audit].-
(a) a statement showing the receipts
and disbursements for the year.
(b) a profit and loss account.
(c)
a balance sheet. and
(d) such other statements or returns as may be specified by the [Director of Co- operative Audit.]
(2) [Any other statements, returns
and information which the Registrar
requires under section
27-B and any other statements and returns which the Auditor
or Auditing firm requires
under sub section (7) of section (63) shall also be furnished to the Registrar
or the Auditor as the case may be.]
(3) [After
the auditor or auditing firm has verified the statements of accounts along with
the relevant books and records and
furnished the audited financial statements along with the accompanying audit report by the first day
of September of every year, the society shall
publish the audited financial statements as required under
the law.]
(4) [x x x x x.]
(5) Every
Co-operative Society shall prepare a list of its members as on the last day of
each Co-operative year. The list of
members shall be received fourteen days prior to the date of the meeting fixed for the election of the
committee of the society and shall include the members admitted and exclude the members removed during the period
commencing from the date when the list
was last revised and ending with the
date of the revision of the list.
[Rule - 53-A.
Procedure for seizure of books, documents, securities of Society, etc.-
(1) Any
Officer or person who seizes any book or property of a society under Section
66, shall prepare a list of all
things seized and shall give the person from whose custody the books or property have been seized, a
copy of such list and a receipt for having seized
the same. A copy of the list shall also be sent to the next higher authority or such Officer person [within twenty-four hours of such seizure.]
(2)
If such Officer or person reasonably suspects
that the seizure which he is about to make
under Section 66 is likely to be obstructed or resisted by any person, be may send a requisition to the
Officer-in-charge of the nearest police station seeking police help and it shall be the duty of such
Police Officer to give necessary help
to make such seizure.
(3)
The books or
property so seized shall be retained
by such Officer or person only for so long as may be necessary for their
examination or inspection or for any inquiry
under this Act:
Provided that the books or property
so seized shall
not be retained for more than sixty
days at a time except
with the permission of the next
higher authority.
Rule ? 54. Certifying
copies of entries in books.-
(1) For
the purpose specified in Section 123 a copy
of an entry in the books of a Co-operative Society regularly kept in the course
of a business shall e certified.-
(a) by the [Chief Executive] of the society and shall
also bear the society?s seal. Or
(b)
by the Liquidator
where an order has been passed under Section 73, appointing a Liquidator of the society.
(2) [Charges
for preparation of certified copies shall be rupee per folio if the preparation
of copies is by Photocopying recess including Photostat, Xerox or resograph
or any other process by which
the original is mechanically or electronically copied representing faithfully the original.
(3) If
the certified copies are prepared otherwise than as provided under sub-rule
(2), the charges shall be as specified in the
table below.-
TABLE
|
Sl.No
|
Nature of document
|
Charges per
folio
|
|
(1)
|
(2)
|
(3)
|
|
1.
|
Application for registration
of a Society
|
Re. 1
|
|
2.
|
Bye-laws of registered society
|
Rs. 2
|
|
3.
|
Amendment of bye-laws of a registered Society
|
Rs. 3
|
|
4.
|
Certificate of registration
|
Rs. 3
|
|
5.
|
Orders for
cancellation of the
registration of a
Society
|
Rs. 1
|
|
6.
|
Audit Report
(Memorandum) of the registered Society
a) Report part
b) Balance Sheet
and other financial statements part
|
Rs. 2
Rs. 4
|
|
7.
|
Annual Balance Sheet
|
Rs. 4
|
Note. - For the purpose of this rule and Rule 56, a folio means a group of 175
words. If, however, the entire text
to be copied is less than 175 words, the said text shall be treated as one folio. If the total number of words
to be copied divided by 175, leaves a remainder of less than 175 words, the remainder of less than 175 words, the
remainder shall also be treated as one folio.]
Rule ? 55. Restrictions
on persons appearing as legal practitioners.-
(1) In
proceedings before the Registrar, the
Arbitrators or any other person deciding a dispute or in proceedings in appeals before the Registrar, or the State
Government, a legal practitioner shall not be entitled to appear to represent any party. but the Registrar or any
other authority deciding a dispute or hearing an appeal
may permit such appearance in special cases.
(2)
Any [office-bearer or member of the [Board] or employee] of a Co-operative Society who appears as a legal practitioner,-
(i)
against such society or against
any other Co-operative Society, which is a member
of the former society. or
(ii) (otherwise
than in an honorary capacity) on behalf of such society or on behalf of such other society, which is a member of
the former society. shall be deemed to have vacated his office in the society.
Rule - 56.
Inspection of documents.-
(1) A
member of a Co-operative Society [x
x x x x] may inspect the inspect the following documents in the office of the
Registrar, free of charge, and may obtain certified copies thereof on payment of the fees as are specified in sub-rule (2) or
(1) as the case may be.
(2) Charges for preparation of certified copies shall be rupee one per folio if the preparation of copies is by photo copying process
including photostat, Xerox or resograph or any other process by which the original is mechanically or electronically
copied representing faithfully the original.
(3) If
the certified? copies are prepared otherwise than as provided under sub-rule
(2) the charges shall be as specified in the table below.-
TABLE
|
S1.No.
|
Nature of document
|
Charges per polio (Rs.)
|
|
1.
|
Application for registration
of a society
|
10.00
|
|
2.
|
Certificate of Registration
|
25.00
|
|
3.
|
Order for cancellation of the registration of a society
|
25.00
|
|
4.
|
Order of surcharge under
section 69
|
20.00
|
|
5.
|
Order referring a dispute
for arbitration under
Section 71
|
20.00
|
|
6.
|
Order of supersession of board or removal of any
member thereof
|
25.00
|
|
7.
|
Bye-law copy
of the society
|
25.00
|
|
8.
|
Members list
of the Society
|
25.00
|
|
9.
|
Audit Report
of the Society
|
25.00
|
ANNEXURE
A.
In respect of Urban Co-operative Banks and Non-Agricultural Credit Co-operative Societies:
|
Name of the Post
|
Qualification
|
|
Chief Executive
|
Degree from recognized
University preference may be given to
person possessing Certified Associate of Indian Institution of Bankers (CAIIB)
or Higher Diploma
in Co-operative Management (HDCM) or Post-graduation degree in co-
operation from any recognized University
|
B.
In respect of House Building Co-operative Societies
and other types of Co-operative Societies:
|
Name of the Post
|
Qualification
|
|
Chief Executive
|
Degree from
recognized with Higher
Diploma in Co-
operative Management granted by Regional Institute of Co-
operative Management.
|
C.
In respect of District Central Co-operative
Bank:
|
Name of the Post
|
Qualification
|
|
Chief Executive
|
Appointment as per fit
and proper criteria or on deputation
of an officer not
below the rank of Deputy
Register of Co-
operative Management.
|
D.
In respect of Karnataka State Co-operative
Land Development Bank:
|
Name of the Post
|
|
|
Chief Executive
|
On deputation of an officer
not below the rank of
Joint
Registrar of Co-operative Societies from the Department of Co-operation.
|
E.
In respect of the Karnataka State
Co-operative Apex Bank Limited:
|
Name of the Post
|
|
|
Chief Executive
|
On deputation of an I.A.S. Cadre
Officer from the Government
or an officer not below the rank of Additional Registrar of co-operative societies on deputation from the Co-operative Department of appointment as per fit and
proper criteria.
|
|
|
|
F.
In respect of Primary Agriculture Credit
Co-operative Societies:
|
Name of the Post
|
|
|
Chief Executive
|
Degree from
any recognized University with computer
knowledge???? and??? general?? Diploma??? in??? Co-operative Management granted by Co-operative Federation.
|
G.
In respect of Karnataka State Co-operative
Milk federation:
|
Name of the Post
|
Eligibility
|
|
Chief Executive
|
Deputation of I.A.S. Officer or Selection from
among the
Senior
Officers of KMF in the Cadre of Functional Directors or by an officer not
below the rank
of Additional Registrar of Co-operative Societies.
|
H.
In respect of District Co-operative Milk
Union:
|
Name of the Post
|
|
|
Chief Executive
|
Deputation of an Officer not below the rank of Joint
Director from
KMF.
|
I.
In respect of Primary Milk Producers
Co-operative Societies:
|
Name of the Post
|
|
|
Chief Executive
|
P.U.C. with
Computer Knowledge and general Diploma
in Co-operative Management granted by Karnataka State Co-
operative Federation.]
|