West Bengal Cooperative Societies Rules, 2011

[18th January, 2011]

WHEREAS the State Government, may after previous publication in the Official Gazette, make rules as required under sub-section (1) of section 157 of the West Bengal Cooperative Societies Act, 2006 (West Ben. Act XL of 2006) (hereinafter referred to as the said Act);

AND WHEREAS the State Government is of the opinion that in the public interest, such rules may be made without previous publication and should be brought into force at once;

NOW, THEREFORE, the Governor in exercise of the power conferred to the proviso to sub- section (1) of section 157 of the said Act, is pleased hereby to make the following rules, namely:-

 

CHAPTER ? I PRELIMINARY

Rule - 1. Short title and commencement

(1)     These rules may be called the West Bengal Cooperative Societies Rules,2011;

(2)     These shall come into force on such date as the State Government may, by notification in the Official Gazette appoint and different dates may be appointed for different provisions of these rules.

Rule - 2. Definitions

(1)     In these rules, unless there is anything repugnant in the subject or context ?

 

(a)     the ?Act? means, the West Bengal Cooperative Societies Act, 2006(West Ben. Act XL of 2006);

 

(b)     ?Additional Registrar of Cooperative Societies?, ?Joint Registrar of Cooperative Societies?,

(2)     ?Deputy Registrar of Cooperative Societies?, ?Assistant Registrar of Cooperative Societies? and

(3)     ?Cooperative Development Officer? mean, respectively, persons appointed by those designations by the State Government to assist the Registrar of Cooperative Societies;

 

(a)     ?Additional Director of Cooperative Audit?, ?Deputy Director of Cooperative Audit?, Assistant Director of Cooperative Audit? and ?Senior Auditor of Cooperative Audit? mean, respectively, persons appointed by those designations by the State Government to assist the Director of Cooperative Audit;

 

(b)     ?Applicant? or ?Chief Promoter? shall mean the first signatory in the application for registration;

 

(c)      ?Collector? means in case of Kolkata, the Collector of Kolkata and in a district, the Collector of the district in charge of revenue administration;

 

(d)     ?Distrainer? means a person who is empowered by the Registrar to distrain and sell the produce of mortgaged land including the standing crops thereon, in accordance with the provision of section 120;

 

(e)     ?Form? means a form appended to these rules;

 

(f)      ?Member? includes delegates of members? referred to section 28 of the Act and Joint Liability Group (JLG);

 

(g)     'Manager? includes an officer as defined in clause ( 47) of section 4;

(h)     ?Section? means a section of the Act;

(i)       ?Family? referred to in clause (a) of sub section (2) of section 93 shall include adult son and adult daughter irrespective of marital status in addition to the members of the family as defined under ?Explanation? of sub section (3) of section 16;

(j)      ?Forum of Arbitrators? shall be constituted as per section 104;

(k)     ?Area of operation? as mentioned under sub-section (5) of section 134 C means any area where a society covered under Cooperative Credit Structure Entity may raise deposit, make investment, issue loans and advances to members and nominal members and also carry on different types of business as permitted by its bye-laws.

(4)     Words and expressions used in these rules but not defined in the Act shall have the same meaning as are respectively assigned to them in the Act.

Rule - 3. Determination of one-half, one third, etc.

When any rule requires the determination of one-half, one-third or any other fraction of a number and that number is not evenly divisible by 2, 3 or such other figure as may be required, the number next above which is evenly divisible by 2, 3 or such other figure shall be taken for the original number.

Rule - 4. Forms

The forms appended to these rules or forms as near thereto as circumstances admit shall be used in all matters to which these forms relate :

Rule - 5. Net Profit

The ?net profit? of a cooperative society shall be the net profit specified in clause (44) of section 4 .

Rule - 6. Definition of Cooperative

Cooperatives are autonomous associations of persons united voluntarily to meet their common needs and aspirations through a jointly owned and democratically ? controlled enterprise and adhering to the cooperative principles and values.

Rule - 7. Exemption of Cooperative Societies from provisions of this Act

Before issuing any order under section 11 of the Act, the State Government may obtain a report from the Registrar and before preparing such report the Registrar shall cause an inquiry under section 100 or inspection under section 99 to satisfy himself for offering his views in connection to such exemption.

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CHAPTER - II REGISTRATION

Rule - 8. Restriction to formation of certain cooperative societies

(1)     No Primary Cooperative Credit Society shall be registered unless applicants ?

(i)       reside or hold landed property in the same town or village or in the same group of villages; or

(ii)      are members of the same class or occupation.

(2)     No apex or central society shall be registered unless it has, among its applicants, at least ten cooperative societies. No federal cooperative shall be registered unless it has among its applicant at least ten cooperative societies.

(3)     Not more than three number of Block Level Mahila Self-Help Group Cooperative Societies shall be registered.

Rule - 9. Application for registration

(1)     An application for registration of a cooperative society shall be submitted to the Registrar in Form I and shall be signed by the applicants.

(2)     Where a cooperative society is the applicant, the application shall be signed by an officer of the society duly empowered to sign documents on its behalf.

(3)     With every application there shall be submitted, duly signed by the applicants, four copies of the bye-laws which the society proposes to adopt.

Rule - 10. Registration of Society

(1)     On receipt of the application, the Registrar shall satisfy himself that the application and the bye-laws are in conformity with the provision of the Act, the Rules and the bye-laws are suitable for ?

(a)     carrying out the objects of the society, and

(b)     ensuring the safe conduct of the business of the society.

(2)     When a society is registered, the Registrar shall grant Certificate of Registration in Form II.

(3)     On the registration of a society, four copies of its approved bye-laws as specified under section 20 shall be stamped with the official seal of the Registrar, one of the said copies shall be retained in the office of the Registrar, one copy together with Certificate of Registration in Form II shall be communicated by hand or by registered post with acknowledgement due to the society or the Chief Promoter of the society. A copy of the Certificate of Registration in Form II shall be sent to the District Cooperative Union or the State Cooperative Union as the case may be.

(4)     If the society intends to be a member of a Central Society, a Federal Society or an Apex Society, another copy of the approved bye-laws shall be sent to such Central or Federal or Apex society.

Rule - 11. Affiliation of Societies

After registration, all the societies shall affiliate with Central, Federation, Apex and National Societies, as the case may be;

Provided that in case of societies covered under sub section (4) of section 134C shall have the freedom of Choice of affiliation.

Rule - 12. Amendment of bye-laws

A cooperative society may amend its bye-laws under section 19 and each such amendment shall be submitted to the Registrar for registration in Form VIII

Rule - 13. Making of Bye-laws

(1)     Every Cooperative society shall make bye-laws in conformity with section 20.

(2)     Bye Laws of Cooperative Society shall also include -

(1)     Where it is a consumers? society, declaration of periodical rebates in appropriate cases on the purchase made from the society by the member, making provision for the issue of shares against the rebates so declared

(2)     Where there is conflict between the rules and the bye-laws, the provision of the rules shall prevail.

CHAPTER ? III Transfer of Assets and Change of Liabilities and Division and Amalgamation of Cooperative Societies

Rule - 14. Consultation with Apex Society

For the purpose of consultation envisaged in sub-section (1) of section 22, the Registrar shall inform the Apex Society concerned about the necessity to order division, amalgamation or reorganization requesting such Apex Society to give its views within thirty days from the date of such communication.

Rule - 15. Issue of order for division, amalgamation or re-organisation

(1)     The draft of an order shall be sent to each of the concerned cooperative societies a by registered post with acknowledgement due.

(2)     After considering the suggestions or objections as per clause (b) of sub-section (2) of section 22, the Registrar after giving an opportunity of being heard shall pass a final order under sub-section (1) of section 22 and shall publish such order in the Official Gazette and send copies thereof to the concerned Cooperative Societies and the concerned Apex Societies and where the Cooperative societies are concerned with dispensing of agricultural credit, to the Reserve Bank of India and the National Bank for Agricultural and Rural Development.

(3)     Every Cooperative Society receiving a copy of the order as per sub-rule (2) shall within thirty days of the receipt thereof, communicate, in writing, the substance thereof of its members and creditors either by delivery by hand on taking proper receipt or by registered post with acknowledgement due.

Rule - 16. Promotion of subsidiary organization

Before promoting any subsidiary organization under section 25, each Cooperative Society will be required to fix terms and conditions on the basis of which such subsidiary organization is promoted and terms and conditions such fixed shall be placed before the general body for its approval.

Rule - 17. Audit of subsidiary organization and the partnership contract so entered by the cooperative societies

Account of every subsidiary organization promoted by the cooperative societies as provided under sub-section (1) of section 25 and account of each partnership contract entered into by two or more societies as per provision of section 26 shall at least once in each cooperative year, be audited at the expense of the cooperative society by the Director of Cooperative Audit or by a person appointed or authorized by Director of Cooperative Audit to act as Audit Officer provided under sub-section (1)(b) of section 97.

CHAPTER IV STATUS AND MANAGEMENT OF THE COOPERATIVE SOCIETY

Rule - 18. Prohibition of admission of members and transfer of shares on the eve of General Meeting

No Cooperative Society shall admit a member or transfer shares of members within thirty days prior to the date of the annual general meeting in which election of the Directors of the Board is to be held and till assumption of charge by the new board.

Rule - 19. Notice of General Meetings

(1)     A Half-yearly General Meeting shall be convened by the Secretary or any other officer authorized by the Board in accordance with the direction of the Board.

(2)     When the Apex Cooperative Society or the Federal Cooperative Society or the Central Cooperative Society or where there is no such society the Registrar or the officer authorized by him, calls the annual general meeting under sub-section (6) of section 29 or a half-yearly general meeting under sub-section (2) of section 30 or special general meeting under sub-section (2) of Section 31, the Secretary or any other officer authorized under these rules to call annual general meeting, half-yearly general meeting and special general meeting shall arrange to issue and dispatch the notices of the meetings as may be required by the Apex Cooperative Society or the federal society or the central society or the Registrar where there is no such society or officers authorized by them as the case may

Rule - 20. Annual General Meeting

(1)     The first Annual General Meeting of every cooperative society shall be held within fifteen months from the date of its registration and thereafter Annual General Meetings shall be held as provided in section 29.

(2)     If the Board fails to take steps or does not give direction to convene any Annual General Meeting at least two months before the expiry of the period referred to in sub-rule (1), the Chairman or in his absence the Vice-Chairman or in the absence of both, the highest designated employee shall convene the meeting.

(3)     Where an Annual General Meeting is required to be held by convoking representatives, the election of delegates shall be completed before the period of two months referred to in sub rule (1);

Provided that in case of failure of the Board to take steps or to give directions well in advance towards the holding of such election within the prescribed period, the Chairman or in his absence Vice Chairman or in the absence of both, the highest designated employee shall perform such duties on behalf of the Board;

Provided further that where an Annual General Meeting is called by the Apex or the Federal or the Central Cooperative Society or the Registrar, any officer of the concerned cooperative society shall be authorized to hold election of delegates within the time specified by the Apex or the Federal or the Central Cooperative Society or by the Registrar or by the officer or person authorized by him as the case may be.

(4)     No person shall be qualified to be chosen as a representative or elected as a delegate to join the general meeting of an Apex or Federal or Central society, if he is not a member of any Cooperative Society affiliated to such society.

Rule - 21. Special General Meeting

(1)     The rules pertaining to Annual General Meeting shall apply, mutatis mutandis to a Special General Meeting called under section 31.

(2)     At a Special General Meeting, no business other than that specified in the relevant notice shall be considered.

Rule - 22. Requisition of Special General Meeting

A requisition for a Special General meeting to be convened under clause (b) of sub- section (1) of section 31 shall state the object of the meeting, shall be signed by the members requisitioning it and shall be sent to the registered office of the society.

Rule - 23. Half-yearly General Meeting

On the failure of the Board to call the Half-yearly General Meeting within the period as mentioned in section 30, the Apex Cooperative Society or the Federal Cooperative Society or the Central Cooperative Society, as the case may be or where there is no such society, Registrar shall call or authorize any of his officer to call the Half-yearly General Meeting within a period of two months from the date of expiry of the period so mentioned.

Rule - 24. Power of General Meeting

(1)     The General Meeting of a Cooperative Society shall examine, in addition to those mentioned in section 29, the annual report regarding working of the society and, in particular, the work of the Board and shall be competent to take all steps that may be necessary in the interest of the society.

 

(2)     Every resolution at a meeting shall be decided by a majority of votes and if the votes be equal, the matter shall be decided by the casting vote of the Chairman of the meeting.

Rule - 25. Chairman of General Meeting

(1)     (a) The Chairman, or in his absence the Vice-Chairman shall preside over Annual or Special General Meeting or Half-yearly General Meeting and in the absence of the both, one of the Directors in the panel mentioned in sub-rule (1) of rule 36 in the order of their names in the panel, shall preside over the meeting. And in absence of all in the panel, the members present shall elect one from amongst themselves to be the Chairman of the meeting.

(b) Where there is no Board or the Board cannot function for any reason the members present shall elect one from amongst themselves to be the Chairman of the meeting.

(c) If the Chairman of the meeting is a candidate for election, that item of agenda of the meeting shall be presided over in terms of clause (a) as if the Chairman is absent.

(d) After completion of discussion on every agendum, the Chairman shall declare the resolution adopted or decision taken in the meeting before taking up the next agendum.

(e) At the conclusion of the meeting the proceedings shall be signed by the Chairman or Chairmen within three working days from the time the meeting concluded and entered in the book kept for the purpose;

Provided that if an election officer is appointed by the Election Commission or by the Registrar, the meeting dealing with the election agendum shall be presided over by the election officer who shall sign the portion of the proceedings of the election.

(2)     The Chairman shall maintain order in the meeting. He shall conduct the proceedings in such manner as may be conducive to expeditious and effective disposal of business and shall decide all points of order and his decision thereon shall be final. The Chairman may direct any member to withdraw for improper conduct and the member so directed shall immediately withdraw and shall not participate in the deliberations of the meeting and shall not be entitled to vote without the permission of the Chairman. In the event of disorder the Chairman may adjourn the meeting to a date not later than one month from the date of adjournment. He shall declare simultaneously in the meeting the place, date and hour of adjourned meeting and the remaining agenda to be discussed in such meeting. Notice for such meeting shall be issued only to the absentee members and shall also be fixed in the Notice Board of such cooperative society. The meeting shall not be adjourned for the second time.

(3)     Where the business of the general meeting cannot be completed in course of one sitting, the meeting shall be adjourned by the Chairman to the same day in the next week at the same place and time. No notice for the adjourned meeting is required to be issued. The meeting shall not be adjourned for the second time.

(4)     The Board may by resolution invite any person whose expert opinion may be beneficial to the society to remain present at any meeting for expressing his opinion if called for by the Chairman.

Rule - 26. Quorum of Annual or Half-yearly and/or Special General Meeting

(1)     Unless a larger proportion is provided in the bye-law, the quorum of an Annual or Half- yearly or Special General Meeting shall be one-fifth of total number of members or delegates or representatives subsisting on the date of notice of the meeting. No business shall be transacted at any meeting unless there is a quorum and the meeting shall be adjourned.

(2)     If within half-an-hour from the time appointed for the meeting a quorum is not present, the meeting shall be adjourned ordinarily to the same day in the next week at the same place and time. The meeting shall not be adjourned for the second time.

(3)     The business to be transacted in the adjourned meeting shall be the same as in the agenda of the original meeting and no fresh notice is necessary for such adjourned meeting :

 

Provided that no quorum shall be necessary at an Annual or Half-yearly or Special General Meeting which had been adjourned under sub-rule(2):

Provided further that a Special General meeting which had been called on requisition under clause (b) of sub-section (1) of section 31 shall not be adjourned but be dissolved.

Rule - 27. Minutes of Annual General Meeting/ and other General Meetings

(1)     Every Cooperative society shall cause minutes of proceedings of general meeting to be entered in a book kept for that purpose.

(2)     The minutes shall be drawn up and signed by the Chairman or Chairmen of the meeting within three working days from the time when the meeting terminates.

(3)     A general meeting of a society of which the proceedings have been so recorded, shall be deemed to have been duly called and held.

Rule - 28. Voting in Annual or Half-yearly or Special General Meeting

(1)     Every member present at the meeting shall have only one vote. All voting excepting in the case of an election shall be by show of hands. For the purpose of election a ?poll? or a vote by ballots shall be held if demanded by at least 20 per centum of the members or delegates, as on the date of notice of such election. A decision by the Chairman that a resolution has been carried or lost and the entry to that effect in the minutes of the proceedings shall be conclusive proof of whether the resolution has been carried or lost.

(2)     A vote by ballot shall be taken in such manner as the election officer or the board in absence of election officer may decide and the election shall be the first item in the list of agenda of the meeting in which the election is held.

(3)     When vote is taken, the number of members voting for or against the resolution shall be recorded in the minutes of the proceedings. A member or delegate or representative shall have no right to vote from outside the premises of the general or half-yearly or special general meeting as the case may be, by post or any of his authorized person or by proxy or in any other manner such as by way of circulation.

Rule - 29. Chairman, Quorum, Minutes and voting in Half-yearly General Meeting

 

The rules pertaining to notice of Annual General Meeting, quorum of Annual General Meeting, Minutes of Annual General Meeting and voting in Annual General Meeting shall apply, mutatis mutandis, to a Half-yearly General Meeting.

Rule - 30. Adjourned Annual, Half yearly and Special General Meeting

No quorum is required for any adjourned Annual, Half-yearly and Special General Meeting.

Rule - 31. General Meeting by delegates

(1)     A Primary Cooperative Society with a membership of 1000 or more shall hold its general meetings by convoking representatives (hereinafter referred to as delegates) of areas, sections, constituencies as the case may be, instead of summoning all the members in person on the basis that One delegate for every 25 members or major fraction thereof for a society having a membership of 1000 and above.

(2)     Notwithstanding anything contained in sub-rule (1) the West Bengal State Cooperative Bank Limited, the West Bengal State Cooperative Agriculture And Rural Development Bank Limited, the Central Cooperative Banks and other apex and central cooperative societies shall hold their respective general meetings by convoking representatives (hereinafter referred to as the delegates) of section or categories, as the case may be, instead of summoning all members in person on the following basis, namely: -

 

(a)     in the case of West Bengal State Cooperative Bank Limited

(i)       one delegate for every member Central Cooperative Bank and one delegate from the area of operation of each Central Cooperative Bank (if any) amalgamated with the State Cooperative Bank in terms of the scheme drawn by the State Government;

(ii)      one delegate for every member apex Cooperative society;

(iii)    one delegate for every category of other member Cooperative societies provided that there shall be one delegate for every twenty or a major fraction thereof; and

(iv)    one representative from the State Government where the State Government is a shareholder;

(b)     in the case of West Bengal State Cooperative Agriculture And Rural Development Bank Limited

(i)       one delegate for every member Primary Cooperative Agriculture and Rural Development Bank ltd;

(ii)      one delegate to be elected from the area of operation of each branch of the West Bengal State Cooperative Agriculture And Rural Development Bank Limited by the members in that area;

(iii)    one delegate for every class of the other members; and

(iv)    one representative of the State Government where the State Government is a shareholder;

(c)      in the case of Central Cooperative Banks or Central Cooperative Societies

(i)       one delegate for every Cooperative Society affiliated to the central cooperative Bank or the central cooperative society concerned;

(ii)      one representative of the State Government where the State Government is a shareholder;

(d)     in the case of other apex cooperative societies

(i)       one delegate from every member cooperative society;

(ii)      one representative from the State Government where the State Government is a shareholder.

(3)     No person shall be qualified to be elected as a delegate who is not a member of the society or the concerned affiliated society and who has not the qualification of being a Director of a Cooperative Society.

(4)     The delegate shall hold office and attend all general meetings till fresh delegates are elected in their place:

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Provided that fresh delegates shall be elected before each Annual General Meeting in which election of Directors is to be held under sub-section (1) of section 29.

(5)     Each delegate shall have one vote in the general meeting.

(6)     A member shall cease to be a delegate, if he ?

(a)     ceases to be a member of the society or of the affiliated society, or

(b)     resigns his office as a delegate or expires; or

(c)      where the member society withdraws from the membership of the cooperative society to which the delegate has been sent.

(7)     A casual vacancy in the office of a delegate in any area, section, constituency or category shall be filled by election within six months from the date of such vacancy by members in the area, section, constituency or category concerned:

Provided that a casual vacancy caused in the office of a delegate from any affiliated society shall be filled up in the manner in which the delegate had been elected;

Provided further that failure to fill a casual vacancy shall not invalidate the proceedings in a general meeting.

Rule - 32. Division of area of a society for election of delegates

(1)     The Board shall divide the area of membership of the society into convenient areas, sections, constituencies or categories for the purpose of election of delegates.

(2)     The division of area of membership of a society under sub-rule (1) shall be duly notified to all the members and a member of a particular area, section, constituency or category shall be entitled to vote in the election of delegate only for that particular area, section, constituency or category.

Rule - 33. Framing of regulation by the Board for election of delegates

The Board shall make regulation to provide for all matters relating to :

(i)       the manner of nomination and election of delegates;

(ii)      the total number of delegates to be elected and area, section, constituency or category in accordance with rule 31.

Rule - 34. Constitution of Board

(1)     Selection among the employees of a Cooperative Society for being elected as the member of the Board shall be held by ballot.

(2)     A member nominated by the State Government to the Board of a Cooperative Society under section 32 shall hold office until a fresh nomination is made in his place and the State Government may nominate a new member to fill up any casual vacancy of a nominated member.

 

(3)     Selection amongst the members of the Self Help Groups formed under a Cooperative Society under clause (h) of sub-section (1) of section 32 of the Act for being elected as the member of the Board, shall be held by show of hand or by ballot as the Board may decide.

Rule - 35. Election of Directors at an Annual General Meeting

(1)     Where the number of candidates exceeds the number of Directors to be elected, the election of Directors shall be on the basis of number of votes secured by each candidates.

(2)     In case of equality of votes secured by two or more candidates, lots shall be drawn in such manner as the Chairman may decide.

Rule - 36. Election of office bearers

(1)     The Board of Directors constituted under rule 34 shall, within a period not exceeding thirty days after the general meeting elect a Chairman, a Vice-Chairman, a Secretary, where applicable and a panel of Chairman not exceeding three for presiding over its meeting in absence of the Chairman and the Vice-Chairman and other necessary office bearers from amongst themselves.

(2)     In the case of equality of votes in the matter of such elections, the result shall be determined by lot.

(3)     When the meeting of the Board is not held within the period of thirty days as required by sub rule (1), the Registrar or any person authorized by him shall as early as possible arrange a meeting in exercise of the powers conferred under section 37.

 

(4)     The outgoing Board shall stand dissolved when the new office bearers are elected under sub-rule (1) or the apex cooperative society or the federal cooperative society or the central cooperative society, as the case may be or where there is no such society, the Registrar shall take steps under sub-section (7) of section 29.

(5)     A meeting under sub rule (1) shall be called within the thirty days after the general meeting by the Secretary of the outgoing Board or by the Election Officer or the Presiding Officer, as the case may be.

Rule - 37. Filling up of casual vacancy

Any casual vacancy in the office of Director elected under clause (a) of sub-section (5) of section 29 shall be filled up by cooption by the remaining Directors within two months from the date of such vacancy and if they fail to do so, the vacancy shall be filled up by appointment by the Registrar from amongst eligible members or delegates or representatives of the cooperative society excepting those who ceased to be the directors under sub section (7) of section 32 and sub rule (6) of rule 31. and the Director so co-opted or appointed shall retire at the Annual General Meeting where election is to be held next.

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Provided that if such casual vacancy is not filled up, anything done or suffered or any action taken by the Board during the continuance of such vacancy shall not be invalidated by reason only of such vacancy having not been filled up.

Rule - 38. Filling up of vacancy in the Board where requisite number of Directors cannot be elected due to disqualification or otherwise

 

If at the Annual General Meeting of a Cooperative Society requisite number of Directors cannot be elected as required under the bye-laws due to disqualification, non- receipt of requisite number of nomination papers or any other reason, the vacancy shall be filled up by appointment by the Registrar from amongst eligible members or delegates or representatives of the cooperative society excepting those who cease to be the directors under sub-section (7) of section 32 and sub- rule (6) of rule 31. to complete the Board. The Directors so appointed, shall continue till fresh election which shall ordinarily be held within one year from the date of appointment by the Registrar.

Rule - 39. Reservation of seats on the Board

As provided under section 38 the seats mentioned here below shall be reserved in the Board of Directors:

(i)       one seat for scheduled caste members, if any;

(ii)      one seat for scheduled tribe members, if any;

(iii)    one seat for other backward class members, if any;

(iv)    one seat for women members, if any, other than members from self-help groups as provided under sub section (i)(h) of section 32.

(v)     Number of directors reserved under sub-rule (a) , (b), (c) and (d) shall be in addition to the number of elected directors provided under clause (a) of sub section (1) of section 32.

(vi)    The seats reserved under sub section (a), (b) (c) and (d) shall be filled up by election amongst the members of respective communities by ballot. If the seats cannot be filled up thus, the same shall be filled by co-option from amongst the members of respective communities.

(vii)   The members elected or nominated under sub rule (f) shall have the full rights to vote in any meeting of the Board including election of office bearers.

(viii)  A director elected or nominated under sub-rule (a) , (b) (c) and (d) shall hold office for a term of five years of the Board or till the Board is dissolved under section 34 or 35 or 36 whichever is earlier.

?Rule - 40. Procedure for holding election in a General Meeting in some cases

(1)     Unless the State Government constitutes the Cooperative Election Commission under the provision of Section 96, the election of Directors and office bearers of all Cooperative Societies under the Fifth schedule of the Act shall be held in the manner specified in this rule.

(2)     Every Society may for the purpose of election of directors, divide its membership into different convenient groups, specify in its bye-laws the number of proportion of the members of the board who may be elected to represent each such group in the board and specify further that such representative may be elected (a) by all the members of the society, or (b) by only particular group of members if the society to which the representative vacating the office belonged.

(3)     The election of the members of the board shall be held at an annual general meeting of the members or of the delegates of such members for which not less than twenty-one days? notice shall be sent to each member.

(4)     The Chairman of the said meeting (hereinafter in this rule referred to as the ?Presiding Officer?) shall conduct the election. No member seeking election shall act ?Presiding Officer? to conduct the election.

(5)     (i) Notice of the general meeting shall be affixed on the Notice Board of the Society and published at such conspicuous place as the board may decide. The notice of the general meeting shall be sent to the members or to the delegates in one or more of the following modes, namely ?

(a)     by local delivery under proper receipt or

(b)     by post under certificate of posting, or

(c)      by publication through press.

(ii) The notice shall contain information regarding ?

(a)     the number of vacancies to be filled up by election;

(b)     the area or constituency specified in the bye-law from which the member is to be elected;

(c)      the qualification, if any, prescribed in the rules and by-law for eligibility for membership of the board;

(d)     the date on which, the place at which and the hours between which the nomination papers shall be filed by a member, such date being not less that ten clear working days before the date fixed for election;

 

(e)     the date on which, the place at which, and the hour when the nomination papers will be scrutinized; and

(f)      the date on which, the place at which and hours between which the polling will take place.

(6)     The Board shall prepare a list of the members or of the delegates who are on the date of the notice referred to in sub-rule (5) qualified in accordance with the provisions of the Act and the rules and the bye laws of the society to vote at election and publish copies of such list by affixing the same to the Notice Board at the Head Office of the society and all its branches not less than fifteen days prior to the date fixed for election. The list shall specify the name of each eligible member or delegate, the name of father (or husband in case of married woman), the address of such member or delegate including the name of the society, if any, he or she represents and his/her number in the register of members.

(7)     (i) The nomination of a candidate for election shall be made in Form x as far as practicable.

(ii) Every nomination paper shall be signed by any two members whose names are included in the list referred to in sub-rule (6). One of the members shall sign the form as proposer and the other as seconder for the nomination. The nomination paper shall also contain a declaration signed by the candidate to the effect that he is agreeable to the nomination.

(iii) Every nomination paper shall be presented in person or through authorized agent or by registered post to the Chairman of the society or any other officer duly authorized in this behalf by the Board of such society. If the Chairman himself is a candidate, the Board of the society shall authorize some other officer, who is not a candidate, to receive the nomination paper.

(iv) (a) The person who receives the nomination paper shall enter in the nomination paper its serial number certify the date and hour at which the nomination paper is received by him and also immediately acknowledge the receipt of the nomination paper.

(b) The nomination papers received after the date and hour fixed under Sub- clause (d) of sub-rule (5) shall be rejected.

(8)     (i) (a) On the day following next the date fixed as the last date for the receipt of nomination papers, the Board shall take up the scrutiny of the nomination paper at a special meeting convened only for the purpose. No quorum shall be necessary in such a meeting. The proposer and the seconder, besides the candidate, may be present at the time of scrutiny.

(b) The Board shall examine the nomination papers and decide all objection which may be made at the time of scrutiny and may, either on such objection or on its own motion, after such summary enquiry, if any, as the Board thinks necessary, reject any nomination paper on sufficient grounds;

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 seconder or of any other particulars in regard to the candidate or his proposer or the seconder as entered in the list of members or delegates referred to in sub-rule (6) if the identity of the candidate, proposer or seconder, as the case may be, is established.

(ii) The Board shall give all reasonable facilities to the contesting candidates or their representatives to examine all the nomination papers for satisfying themselves about the correctness of their scrutiny.

(iii) The Board shall endorse on each nomination paper its decision and if the nomination paper is rejected, shall record in writing the reasons for such rejection.

(9)     The list of valid nominations, as decided by the Board, shall be published on the notice board of the society on the same day on which the scrutiny of the nomination paper is completed but not later than one hundred and sixty eight hours before the time of election.

(10)   Any candidate may withdraw his candidature by notice in writing signed by him and delivered in person or through authorized agent at any time after the presentation of his nomination paper but before 3 P.M. on the day following the day on which the list of valid nominations is published under sub-rule (9) to the Chairman of the society or any other officer authorized for the purpose under clause (iii) of sub-rule (7) . A notice of withdrawal of a candidate once given shall be final.

Provided that after the close of date and hour of withdrawal of candidates, the list of valid candidates shall be published on the Notice Board of the Society on the same day.

(11)   If for any area or constituency for which election is to be held the number of candidates in respect of whom valid nomination papers have been filed does not exceed the number of members to be elected for that area or constituency, the candidates in respect of whom valid nominations have been received shall be deemed to have been duly elected for the area or constituency, as the case may be, and the Presiding Officer shall make an announcement to this effect at the commencement of the meeting convened for election. The names of such candidates shall immediately thereafter be published in the Notice Board of the Society.

(12)   If the number of candidates for any area or constituency exceeds the number of members to be elected, the election shall be held by ballot. The Presiding Officer shall arrange a poll, if necessary, on the date fixed for the general meeting or in an adjourned meeting and may appoint one or more polling officers or may himself function as Polling Officer. The provisions of sub-rule (13) to sub-rule (21) of this rule shall apply when the election is required to be held by ballot.

(13)   The Presiding Officer shall provide the Polling Officer with ballot papers, copy of list of members or of delegates referred to in Sub-rule (6) and such other papers and articles as may be necessary for conducting the election.

(14)   The ballot paper shall contain the names of candidates and where so decided by the Board the symbol of the candidate and shall bear the seal of the society.

NOTE: Symbols specified in the Third Schedule shall ordinarily be used. In case the number of candidates exceeds the number of symbols, so specified, the Board may add to the symbols other than accredited symbols of the Election Commission of India.

(15)   No ballot paper shall be issued to a voter unless the polling officer is satisfied about identity of such voter.

(16)   If owing to blindness or other physical infirmity, a voter is unable to mark the ballot paper the polling officer shall allow a companion as chosen by the voter who will mark the ballot paper on his behalf.

Provided that no person shall be allowed as companion twice.

(17)   The counting of votes shall commence immediately after the polling is declared over by the Presiding Officer.

Votes shall be counted by or under the direct supervision of the Presiding Officer. Each candidate and his authorized agent shall have right to be present at the time of counting.

(18)   (i) A Ballot paper shall be rejected ?

(a)     if it bears any mark by which the member, who voted can be identified; or

(b)     if it does not bear the seal of the society; or

(c)      if the mark indicating the vote is made in such manner that it is doubtful to ascertain in whose favour the vote has been cast.

(ii) The Presiding Officer shall be the final authority to decide in the matter of rejection of ballot papers.

 

(19)   (i) Soon after the counting of votes is over, the Presiding Officer shall prepare and certify a return setting forth ?

(a)     total number of ballot papers issued;

(b)     the number of valid votes given to each candidates; and

(c)      the number of ballot papers declared to be invalid or rejected.

(ii) On the basis of the return, the candidates who have secured the largest number of valid votes shall be declared elected at the general meeting and their names shall be immediately published on the Notice Board of the Society under the signature of the Presiding Officer, and in case of equality of votes polled by two or more candidates, lots shall be drawn in such manner as the Presiding Officer may fix, to determine the names of the successful candidate or candidates.

(20)   The Chairman, or any other officer of the society duly authorized by the board in the event of the Chairman failing to attend shall immediately take custody of the ballot papers and shall preserve them for six months from the date of the poll. The ballot papers and other records relating to the election shall immediately, in presence of the candidates or their authorized agents as may be available, be secured in a container which shall be affixed with the seal of the society and of candidates who desire to affix their seals, if any. They shall, unless otherwise directed by the Registrar, be destroyed after the said period of six months, if no dispute relating to, in connection with that election is pending.

(21)   The results of the election shall be immediately recorded in the minute book of the society and attested by the Presiding Officer.

(22)   The Registrar may, in respect of any primary cooperative society coming within the purview of these rules, either on an application from the board of such society or from one- third of the total number of its members or of fifty members, whichever is less, or on his own motion after an enquiry into the affairs of the society under section 100 or an inspection under section 99 by an order in writing recording reasons thereof, appoint any person as an Election Officer to conduct the election if, in the opinion of the Registrar, such an action is necessary for the proper conduct of the election.

(23)   In the societies coming under the Fifth Schedule of the Act, the Registrar may, by an order in writing, appoint any person as an Election Officer to conduct the election.

(24)   Where an Election Officer is so appointed under sub-rule (22) or sub-rule (23) all reference to Chairman, Presiding Officer or the board, as the case may be, occurring in this chapter shall be construed as reference to such Election Officer.

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(25)   (i) The election of Chairman, Vice-Chairman and other office bearers of the board shall be conducted by the Presiding Officer or by the Election Officer, as the case may be, at a meeting to be, called by him within thirty days and in the manner as may be laid down in the by-laws of the society or if there is no bye laws in the manner as may be decided by the Presiding Officer or the Election Officer:

Provided that the Presiding Officer or the Election Officer, as the case may be shall, before calling the meeting, ascertain from the appropriate authority whether such authority proposes to nominate any member of the board of the society, and if the Presiding Officer or the Election Officer does not receive any reply to his aforesaid enquiry, within fifteen days from the date of such enquiry, he shall proceed with the election as provided in the rules:

Provided further that not less than seven clear working days? notice in writing shall be sent by the Presiding Officer or the Election Officer, as the case may be, by registered post with acknowledgement due or by hand delivery under proper receipt to the members of the newly constituted board for such a meeting.

(ii) As soon as the election is over, the result shall be immediately declared in the meeting, published in the Notice Board of the Society and recorded in the minute book of the board under the attestation of the Presiding Officer or the Election Officer, as the case may be.

(iii) The outgoing Board shall stand dissolved when the new office bearers are elected under sub-rule (25) of this rule and the new board shall be deemed to have assumed charge of the office of the society.

Rule - 41. First Board of Directors

(1)     Except where the first Directors are named in the bye-laws or in the application for registration of the society, the first Directors including the Chairman and the Vice-Chairman shall be appointed by the Registrar.

(2)     The Directors appointed under sub-rule (1) may not be members of the Society.

(3)     The first Board shall hold office till a new Board is constituted under sub-rule (1) of rule 34 and sub section (9) of section 16:

Provided that any Director appointed by the Registrar may be removed by him before expiry of the terms of his office, if the Registrar is, for reasons to be recorded by him in writing of the opinion that continuance in office of such Director is not desirable in the interest of the Society.

 

(4)     If a vacancy occurs in the office of an appointed Director, the vacancy may be filled up by the Registrar by a member.

(5)     Where the first Directors are named in the bye-laws or in the application for registration of a society, a casual vacancy occurring in the office of such ?Director? may be filled up by co-option by the remaining Directors.

Rule - 42. Qualification for membership of Board

(1)     No member of a Cooperative Society, other than that of a Students? Cooperative Society, shall be qualified to be elected or appointed as Director unless he has attained the age of eighteen years on the first date of filing nomination.

(2)     No member of a Cooperative Society shall be eligible to stand for election as a Director unless he is a member of the society for a continuous period of twelve months before the first date of filing nomination.

Rule - 43. Nomination by a Cooperative Society to another Cooperative Society

 

(1)     The Board of a Cooperative Society may, in a meeting with specific agenda nominate a member of such society as its representative to another Cooperative Society to which the first named society is affiliated and may also recall such representative by a similar resolution of the Board with specific agenda.

(2)     The board at the same meeting where resolution for recall is passed may also make a fresh nomination of another representative and no one shall be nominated as representative of the cooperative if he is individually a member of the other cooperative.

(3)     In case of such recall and fresh nomination by an affiliated cooperative in a single member constituency, the freshly nominated representative shall automatically be a director of the other cooperative.

Rule - 44. Cessation of membership of a Board

(1)     (a) dies, or

(b) resigns his office, or

(c) is removed by the general meeting from Directorship, or

(d) loses membership of the society which he represents in the Board or the Society whose representative he is, loses membership of the other society, or

(e) becomes subject to any disqualification which debars him from seeking election as a Director, or

(f) if he fails to attend six consecutive meetings of the Board:

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Provided that these provisions shall also be applicable in case of a nominated and co-opted director.

(2)     The cessation of Directorship shall be deemed to occur at, and be effective from the time when the disability concerned, refer to in sub-rule (1), occurs.

Rule - 45. Removal and recall of a member of a Board and an office-bearer

(1)     (a) A member of a Board elected or nominated or coopted under sub section (1) of section 32 of the Act may be removed from the office by a general meeting with due agendum, if the Board recommends by a majority of the directors to do so.

(b) A nominated member in the Board may be recalled by the authority nominating him and another person may be nominated in his place at the same time.

Explanation : The word ?nominated` shall include Directors coming within the ambit of clauses (b) (e) and (f) of sub-section (1) of section 32.

Provided that a co-opted director may also be recalled by the authority co-opted him as provided under sub-rule (2) of rule 43.

(2)     An office-bearer may be removed from office by a resolution of the Board at a meeting specially convened for the purpose.

Provided that any Director against whom petition for removal under this rule has been moved shall not preside over such meeting when such agenda will be carried.

Rule - 46. Notice of Board Meeting

Notice of a meeting of the Board in respect of any society or class of societies shall be given in writing, subject to the provisions of section 37, by the Secretary or any officer performing the duties of Secretary including Managing Director or the General Manager or the Chief Executive by whatever name it is called to every Director specifying the place, date and hour of the meeting together with a statement of the business to be transacted thereat, not less than seven clear working days before the date of the meeting. In case of urgency, the Chairman may convene a meeting of the Board with three clear working days? notice. Where there is an officer deputed under section 33 or deputed to function as General Manager or Chief Executive by whatever name it is called, such officer shall call Board meetings in consultation with the Chairman.

Provided that any urgent business, not included in the statement accompanying the notice, may be brought up and considered with the consent of the Chairman.

Rule - 47. Meeting of Board

The Board meetings for the transaction of the business of the society shall be held at least once in every two months and the minutes shall be drawn up and signed by the Chairman within three clear working days from the time when the meeting terminated.

Rule - 48. Voting at the meeting of Board

A proposal at a meeting of the Board passed by majority of votes shall be adopted and if the votes be equally divided, the matter shall be decided by the casting vote of the Chairman of the meeting if he thinks proper to exercise it, otherwise the proposal will fail.

Rule - 49. Chairman of meeting

The Chairman shall preside over all the meetings of the Board at which he is present. In the absence of the Chairman, the Vice-Chairman shall take the chair and in absence of the Vice-Chairman one of the Directors in the panel in order of their names in the panel, shall preside over the meeting.

Rule - 50. Quorum of meeting

(1)     Unless a larger proportion is provided in the bye-laws, the quorum at the meeting of the Board shall be one-third of the total number of Directors subsisting on the date of issue of the notice for the meeting.

(2)     No business shall be transacted at any meeting including an adjourned meeting of the Board unless there is quorum at the time when the business of the meeting is scheduled to commence within half-an-hour from the time appointed for the meeting.

Rule - 51. Requisition meeting

(1)     One third of the Directors may requisition a special meeting of the Board by giving seven clear working day?s notice.

(2)     The requisition shall specify the object of the meeting and shall be signed by the Directors requisitioning and shall be delivered at the office of the society.

(3)     If the Secretary or any other person performing the duties of the Secretary does not convene the meeting within seven clear working days from the date of receipt of the requisition, a notice of seven clear working days signed by the Directors requisitioning specifying the object and the date, time and place of the meeting shall be sent to all the Directors and accordingly the meeting shall be held. The Secretary or the person performing the duties of the Secretary or the Chief Executive in whatever name is called or any person under whose custody the books, documents, papers etc. in respect of the meetings or the Board are kept, shall place those books documents etc. in the requisition meeting.

 

(4)     At such requisition meeting no business other than that specified in the requisition shall be transacted and if there is no quorum within half-an-hour from the time appointed, the meeting shall stand dissolved.

Rule - 52. Powers of the Board

The Board of a Cooperative Society shall have full control over the administration and the business of the society and shall exercise all such powers as may be necessary or expedient for the purpose of carrying out its functions under this Act, Rules and the provisions contained in the bye laws.

Rule - 53. Duties of the Board

The Board shall observe, in all their transactions the provisions of the Act, rules and bye-laws and shall cause to perform the following duties, namely ?

(a)     to receive and disburse money;

(b)     to maintain true accounts of money received and expended and accounts of the assets and liabilities;

(c)      to prepare for submission to the Annual General Meeting

(i)       an annual report on the working of the society;

(ii)      an annual statement of accounts including a Balance Sheet;

(iii)    a statement of loans and defaults and appointments as required under clauses (g) and (h) of sub-section (5) of section 29.

(d)     to prepare the statements of accounts required for audit and to place those along with relevant vouchers and other connected papers before the auditors;

(e)     to prepare and submit all statements and returns in prescribed forms and in such other forms as may be required by the Registrar or the federal societies and other appropriate authorities;

(f)      to enter accounts of the society regularly in proper books;

(g)     to maintain register of members up-to-date;

(h)     to facilitate the inspection of books by those entitled to inspect them;

(i)       to watch that the loans and advances are utilized for the purposes for which those are meant and that those are duly repaid;

(j)      to take prompt action for realization of loans and advances;

(k)     to create awareness amongst the members in the affairs of the society;

(l)       to conduct business with utmost transparency;

(m)    to prepare data base of the society;

(n)     to prepare Business Development or Development Action Plan;

 

(o)     to prepare code of conduct of the members of the Board;

(p)     to prepare Loan Policy on all types of loans, Asset Liability Management Policy, Investment Policy and other policies required to formulate in the interest of the society; and

(q)     to perform such other duties as may be entrusted by the general meeting subject to the provisions of the Act, Rules and bye -laws made thereunder.

Rule - 54. Powers and duties of the Chairman and the Vice-Chairman of the Society

 

The Chairman, or in his absence, the Vice-Chairman, shall, for the transaction of the business of a society in cases of urgency, exercise all powers and perform all duties required to be exercised and performed under the Act, the Rules or the Bye-Laws by the Board except the power of sanctioning loans, bonus or ex-gratia payments. The Chairman or in his absence the Vice-Chairman shall have the full control over the administration and business of the society and shall supervise the functions of the society on behalf of the Board and shall have power to call for any record of the society or any report from Chief Executive Officer or the Secretary to satisfy himself that the affairs of the society are being managed in accordance with the resolutions of the Board;

Provided that the Chairman or the Vice-Chairman, as the case may be, shall not act in contravention of any order given or decision taken by the Board at its meeting.

Rule - 55. Orders of the Chairman and the

Vice-Chairman to be placed before the meeting All orders passed and all acts done by the Chairman, or by the Vice-Chairman in the absence of the Chairman, in exercise of his powers and in the performance of his duties under rule 54 shall be placed for confirmation before the Board in its next meeting.

Rule - 56. Designation and power of the Government Officer on deputation

(1)     Government Officer, when deputed to the service of a Cooperative Society under section 33, shall be called the Chief Executive Officer or whatever designation it is called.

(2)     Subject to such conditions as the State Government may impose, the Chief Executive Officer under control of the Board and the Chairman shall in the conduct of the business of the society, exercise the following powers, namely ?

(i)       have control over the employees of the society, to sanction leave, to impose any punishment upon or to suspend them;

Provided that no punishment or suspension shall be imposed without the approval of the Board.

 

(ii)      institute, defend and conduct legal proceedings and enter into compromise or arbitration with creditors and debtors of the society.

Rule - 57. Duties of the Chief Executive Officer

(i)       The Chief Executive Officer shall discharge the following duties:-

(a)     to receive all moneys on behalf of the society and issue receipts, other than receipts likely to create fresh obligations on the part of the society in effectual discharge if the money stated to have been received therein;

(b)     to operate Bank Accounts subject to such conditions as may be laid down in bye-laws or in absence thereof as the Board may direct;

(c)      to draw, accept, make endorse or negotiate all bills of exchange, promissory notes, debentures, securities and other documents standing in the name of, or held by the society;

(ii)      to pay all costs of management and working expenses out of the fund of the society;

(iii)    to deposit all receipts including securities and other effects received on behalf of the society;

(iv)    to maintain proper and accurate records and accounts of the society;

(v)     to take measures for proper custody of stocks and maintenance of stock accounts;

(vi)    to call general meetings of the society and meetings of the Board where there is no Secretary;

(vii)   to remain present in all meetings of the Board including meetings of the committees and shall produce all relevant papers required at such meeting and sign, alongwith the Chairman, the minutes of such meetings; and

(viii)  to place, from time to time, before the Chairman or such other authority as the Board may direct, statement of receipts and disbursements for inspection, examination or approval as the case may be.

Provided that the current routine duties of the Chief Executive Officer shall, in his absence, be performed by the Officer next below him.

Provided further that where there is no Chief Executive Officer, the Secretary shall perform the above duties.

Rule - 58. Administrator

The Administrator appointed under section 35 of the Act shall discharge the functions as provided in the said section.

Rule - 59. Procedure in case of difference of opinion

In case of any difference of opinion between the Board and the Chief Executive Officer on any matter concerning the affairs of the society, the Chief Executive Officer may record his views in the minute book and may refer the matter to the Registrar, but the decision of the Board shall be final and binding upon him.

Rule - 60. Indemnification of the Chief Executive Officer

(1)     The Chief Executive Officer shall be indemnified out of the funds of the society for all costs, charges, travelling and other expenses incurred by him in the conduct of the society? business or in the discharge of his duties.

(2)     The society shall make such contribution towards the costs of deputation of the officer as the State Government may direct.

Rule - 61. Conditions of deputation under Section 33

The following shall be the conditions of deputation of a Government Officer to the service of a Co-operative Society .

(i)       a Government Officer shall ordinarily be deputed to the service of a Co- operative Society for a period not exceeding two years, such period may be so extended by the State Government or by the Registrar, as may be considered expedient. Provided that the total period of deputation shall not exceed four years.

(ii)      they shall be governed by the rules of deputation as the State Government may make from time to time;

(iii)    a Government Officer deputed by the State Government or the Registrar to the service of the society may be withdrawn from such service by the State Government or the Registrar, as the case may be, on three months? notice to the society by the State Government or the Registrar, as the case may be, or on a request, made by the society to the State Government or the Registrar, as the case may be, to withdraw such officers;

(iv)    unless the State Government otherwise directs, the salary of a deputationist shall be reimbursed to the State Government by the society concerned.

Rule - 62. Emoluments, allowances or honorarium

 

No Director shall be entitled to receive any kind of hotel charge.

Rule - 63. Duties of the State nominee

The following shall be duties of the nominees of the State Government nominated under clause (b) of sub-section (1) of section 32:

(a)     to attend meeting of the Board;

(b)     to watch that the Government policies are properly implemented;

(c)      to register their notes of dissent in all matters in which, according to their best judgement, the resolution sought to be carried in the Board meetings are not in the interests of the society or the Co-operative movement or are likely to be prejudicial to the interests of the society or of the Co-operative movement;

(d)     to keep the Registrar and the Government apprised of such resolution; if adopted by majority votes; and

(e)     to register their note of dissent when the meeting of the Board seeks to pass a resolution contravening any express order of the State Government or of the Registrar of any provisions of the Act or the Rules or the Bye-laws of the society.

Rule - 64. Meaning of ?relative?

For the purpose of clauses (g) and (h) of sub-section (5) of section 29 the word ?relative? shall mean the following: -

Father, mother, brother, sister, wife, son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, nephew, niece, maternal uncle, paternal uncle, son?s wife, grandson and grand daughter.

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CHAPTER ? V Duties and obligations of Cooperative Societies

Rule - 65. Address of cooperative society

(1)     The address of the cooperative society shall be as specified in section 39 of the Act.

(2)     A change of the registered office shall be reported by the cooperative society in Form XI alongwith a resolution of the board by registered post with acknowledgement due or by hand delivery with acknowledgement to the authorities as specified in section 39 of the Act.

Rule - 66. Change of name and its effect

The provisions of section 24 shall be taken into consideration regarding change of name of the cooperative society and its effect.

Rule - 67. Books, Registers and Documents

(1)     Every Cooperative society shall maintain such books and registers as may be necessary for proper conduct of its business and shall, in particular, maintain corrected upto date the following books, registers and documents : -

(i)       minute books for recording the proceedings of the general meetings and the meetings of the board;

(ii)      register of members and their nominees if any, in Form XII;

(iii)    register of affiliated societies, in Form XIII;

(iv)    register of directors in Form XIV;

(v)     share ledger;

(vi)    ledger of deposits and other borrowings, if any;

(vii)   cash book showing the balance at the end of each day;

(viii)  receipt book containing forms for issue of receipts in carbon process;

(ix)    voucher file containing all vouchers for contingent and other expenditure incurred by the society;

(x)     loan ledger, showing disbursement of each loan issued to members, the amount of loan, the purpose for which it is granted and the date or dates of repayment, distinguishing principal and interest;

(xi)    in the case of a society with unlimited liability register containing property and debt statements of members showing the assets and liabilities of each individual member on the date of his admission with full particulars of property to identify (to be revised in every three years);

 

(xii)   in case of a society with working capital exceeding one lakh of rupees, general ledger showing receipts disbursements and the outstandings under various heads from day to day;

(xiii)  stock books and registers showing sales and purchases of goods by the society, where applicable;

(xiv)  such other books, registers, documents and in such form, as the Board may decide subject to the provisions of the Act.

Rule - 67A. Books and documents to be open to inspection by members

(1)     Every cooperative society shall keep open to inspection by its members, free of charge, during a specific period in office hours at its registered office the following books and documents, namely :-

(i)       a copy of the Act;

(ii)      a copy of the by laws;

(iii)    register of members and their nominees;

(iv)    register of affiliated cooperatives, if any;

(v)     register of directors

(vi)    share ledger;

(vii)   cash book;

(viii)  register containing property and debt statements of member, if any;

(ix)    general ledger, if any;

(x)     registers showing sales and purchases of goods, if any;

(xi)    minute books in respect of general meeting and board meetings;

(xii)   latest audited balance sheet.

(2)     A member seeking inspection shall submit an application to the cooperative society specifying the documents concerning himself to be inspected and the purpose thereof.

(3)     The cooperative society shall arrange inspection of the documents by the member within one week from the date of application.

(4)     Certified copies of the books and documents mentioned in sub-rule (1) shall be supplied to a member on foolscap page typed in double space or photo copied.

Rule - 68. Functions of the State Cooperative Union

 

(1)     The State Cooperative Union may discharge the following functions, in addition to those specified in clause (63) of section 4 namely :-

(i)       to promote and develop the cooperative movement in the State, to educate, guide and assist the people in their efforts to build up and expand the cooperative sector and to serve as an exponent of cooperative principles and ideas;

(ii)      to organize and promote new cooperatives;

(iii)    to organize cooperative training programmes and run training centers;

(iv)    to develop inter cooperative relationship and help the cooperative movement in various sectors;

(v)     to organize, conduct, collaborate and assist in carrying out research and investigation on important cooperative problems;

(vi)    to maintain an information bureau and library and to publish journal;

(vii)   to express and organize opinion on matters of cooperative policy and act as the accredited representative movement in the State and in the national spheres;

(viii)  to convene, organize and hold cooperative seminars, meetings, conferences and exhibitions, to spread the message and ideals of cooperative movement in the state and to mould public opinion in respect thereof;

(ix)    to facilitate the promotion of cooperative society and assist the affiliated societies in resolving their problems and difficulties;

(x)     to select delegates, representative or observers on behalf of the State Cooperative Union for participation in conferences;

(xi)    to organize, promote or undertake such other activities or functions as are considered beneficial or conducive towards the attainment of the objects of the Union in accordance with the bye-laws thereof;

(xii)   to nominate three representatives in the Board of the District Cooperative Union; and

(xiii)  to organize, promote and undertake such other activities or functions as are considered beneficial or conducive towards the attainment of the objects of the Union in accordance with the Bye Laws thereof.

Rule - 69. Functions of the District Cooperative Unions

The functions of the District Cooperative Union shall be as specified in clause (26) of section 4 of the Act.

Rule - 70. Affiliation of Cooperative with the West Bengal State Cooperative Union and District Cooperative Unions

 

(1)     The Cooperatives shown in column (1) of Table A below on payment of the affiliation fee specified in column (2) of the Table shall be the members of the state cooperative union and such membership shall be renewed annually on payment of a renewal fee at the rate specified in column (3) of that Table before the expiry of every cooperative year.

(2)     The cooperatives shown in column (1) of Table B below on payment of the affiliation fees specified in column (2) of the Table shall be the members of the concerned district cooperative union and such membership shall be renewed annually on payment of renewal fees at the rate specified in column (3) of that Table before the expiry of every cooperative year.

(3)     Non-compliance of the provisions of sub-rule (1) by any cooperative mentioned in the Table (A) shall make it liable to penalty of rupees five hundred for the default.

(4)     Non-compliance of the provisions of sub- rule (2) by any cooperative mentioned in the table (B) shall make it liable to a penalty of rupees two hundred.

Provided that notwithstanding anything contained in these rules there shall be no compulsion on contribution to any fund otherwise those required for improving the net worth/own funds of societies under Cooperative Credit structure Entity as per sub- section (9) of section 134 C .

TABLE ? A

Fees to be paid for membership of the State Cooperative Union

 

Table ? B

Fees to be paid for membership of the District Cooperative Union

 

Rule - 71. Annual Return

Every co-operative society shall send to the Registrar and the federal cooperative society such statements and returns and in such form as he may from time to time direct, and shall send, within four months from the expiry of a co-operative year or within such time as the Registrar may direct, an annual return in Form XV.

Rule - 72. Additional Returns

(1)     In addition to the annual returns prescribed in rule 71, the apex societies, the central co-operative banks and such other societies shall, if the Registrar so directs, furnish a quarterly return in Form XVI showing their working and transactions and such other returns as the Registrar may from time to time require.

 

(2)     The returns and statements required by sub-rule (1) shall be furnished within three months from the expiry of the period to which they relate or within such further time as may be allowed by the Registrar.

Rule - 73. Persons who will maintain accounts, books etc

The Board subject to the provision of rule 74 shall specify which of the officers and employees of a society shall :

(a)     keep books of accounts.

(b)     Keep other books and registers; and

(c)      Prepare returns and statements;

Provided that a person in charge of accounts shall not be in charge of cash.

Rule - 74. Custody of accounts, books and records

(1)     The books and records of a society shall be kept in the custody of the Secretary or any other person exercising the powers and performing the duties of the Secretary.

(2)     No member or employee of a society shall prevent the Secretary or any other person exercising the powers or performing the duties of the Secretary from having custody of the books and records of the society.

(3)     Any member or employee of a society who commits a breach of sub-rule (2) shall, on conviction by a court, be punishable with fine which may extend to five hundred rupees and, where the breach is a continuing one, with further fine which may extend to ten rupees for every day during which the breach continues.

(4)     Any person who fails or refuses to produce the books and registers when required by the Registrar or any person authorized by him in this behalf shall be punishable with a fine of five hundred rupees and thereafter with a further fine of fifty rupees for every day during which the failure or refusal continues.

Rule - 75. Preservation and destruction of Books, Records etc.

The books and records of a society shall be preserved for such period as is set forth in the Second Schedule unless otherwise directed by the Registrar.

Rule - 76. Preparation of Statements, etc., at the cost of Society and recovery of such cost

(1)     If a co-operative society fails to send to the Registrar within the time allowed any statement or return required by the Act or the rules the Registrar may cause such statement or return to be prepared by employing such persons as he may deem necessary and may assess upon the society the cost thereof.

(2)     The cost assessed under sub-rule (1) shall be recoverable from the society by the collector as a public demand up to requisition by the Registrar, and the society may recover such cost from the person or persons responsible for the neglect.

Rule - 77. Publication of Balance sheet

Every co-operative society shall publish its audited balance sheet within one month from the date on which it is adopted by the Board by displaying it in any conspicuous place in the registered office of the society and in every branch office where the business of the society is carried on and in a daily newspaper as per instruction of National Bank for Agriculture and Rural Development or the Reserve Bank of India in case of societies regulated under the Banking Regulation Act, 1949.

Rule - 78. Borrowings

(1)     The maximum amount which a society may borrow shall be determined annually at a general meeting of the society and no society shall borrow exceeding maximum amount so determined.

Provided that the Registrar, in case of any exigency, may at any time revise the limit fixed by the general meeting.

(2)     Save as is provided in rule 80, a society shall not incur liabilities from persons who are not members in excess of a maximum limit fixed from time to time in general meeting.

Rule - 79. Borrowings and Deposits of Primary Agricultural Credit Cooperative Society

 

A primary agricultural credit cooperative society, which is a member of a central bank, shall be guided by the provisions of sub-sections (6) and (7) of section 134C in respect of its borrowings and deposits;

Provided that a society which is indebted to any other society shall repay all the outstanding dues before availing loan from any other organization provided under sub section (7) of section 134 C .

Rule - 80. Restriction on borrowings of limited liability society

No society with limited liability shall, by accepting deposits or loans or in any other way, incur liabilities exceeding 25 times of the sum of the paid up share capital and the reserve fund for the time being separately invested outside the business of the society :

?

Provided that ?

(a)     the West Bengal State Cooperative Agriculture and Rural Development Bank or the State Co-operative Bank or a Central Co-operative Bank for the purpose of financing a Cooperative Agriculture and Rural Development Bank for the purpose of financing its members, may incur liabilities to the extent of thirty times of the value of paid up share capital and the reserve fund for the time being separately invested;

(b)     with the permission of the Registrar and under such conditions as he may impose, the West Bengal State Cooperative Agriculture and Rural Development Bank or the state co-operative bank or a central co- operative bank, or a central or a primary society may incur liabilities irrespective of the amount of its paid-up share capital and reserve fund separately invested outside the business, for the purpose of providing loans to its members for production, marketing and processing of any agricultural or industrial commodity and also for hypothecation or pledging of produce of the members;

(c)      with the permission of the Registrar and under such conditions as he may impose, a co-operative society may incur liabilities by way of loan or deposits from another co-operative society, repayable within a period of fifteen months irrespective of the amount of its paid-up share capital and reserve fund separately invested, if such liabilities are incurred on pledge or hypothecation of marketable security or goods or both and the amount of such liabilities does not exceed eighty per cent of the market value of such security or goods or both, offered for pledge or hypothecation.

Rule - 81. Fluid resources or liquid cover

(1)     A credit society other than the Agricultural Credit Cooperatives and the co- operative banks coming within the purview of the Banking Regulation Act, 1949 (10 of 1949) shall keep a minimum liquid cover against deposits held by it according to the following scale :-

(i)       forty per cent of deposits at call or on current account and cash credit and overdrafts sanctioned but not drawn;

(ii)      twenty-five per cent of the savings deposits;

(iii)    twenty-five per cent of the fixed deposits maturing within the next three months;

 

(iv)    twelve and a half per cent of fixed deposits maturing after next three months but within the next six months;

Provided that subject to the provisions of the Banking Regulation Act, 1949 (10 of 1949) when the reserve fund of a society is invested in a co- operative bank and cannot be drawn except with the permission of the General Body, no fluid resources need be maintained by the bank concerned against such investment.

Explanation - ?Liquid cover? means any asset which can be converted into ready cash at once and which are maintained in one or more of the following forms :-

(i)       cash in hand or with Central and State Cooperative Bank or with such banks as the General Body may approve.

(ii)      Post office savings bank account,

(iii)    Government securities including National Savings Certificate or National Plan Certificate or Kisan Vikas Patra or in other approved investment by the Reserve Bank of India in case of societies controlled under the Banking Regulation Act, 1949 as the case may be, and

(iv)    Other investments as may be approved by the Board.

(2)     The extent to which the assets in the above forms shall be utilized for the purpose of calculation of fluid resources shall be as follows :-

(i)       ninety per cent of the market value of government securities including National Savings Certificate or National Plan Certificate or Kisan Bikash Patra;

(ii)      Cent per cent of cash in hand, balance with banks and Post office Savings Bank;

(iii)    Eighty per cent of the market value of the debentures of agricultural and rural development banks and also of other trustee securities and

(iv)    Eighty per cent of the fixed deposits with other banks.

(3)     Under special circumstances the board may, decrease the proportion of the liquid cover as mentioned in sub-rule (1).

Rule - 82. Issue of Debentures

A co-operative society may receive loans by issue or re-issue of debentures of one or more denominations repayable within twenty-five years in terms of the provisions contained in section 45 of the Act.

Rule - 82.A. Vesting of assets of cooperative in the trustees upon issue of debentures

Vesting of assets of cooperative society in the Trustees upon issue of debentures shall be such as specified in section 46 of the Act.

Rule - 82.B. Issue of bonds

The provisions relating to issue of bonds of a cooperative society shall be such as specified in section 47 of the Act.

Rule - 83. Financial assistance by the State Government

The State Government may grant loans, to take share in, or give any other financial assistance including grants to, any co-operative society which makes an application in this behalf, for any of the following purposes, namely :-

(a)     facilitating the production of commodities or disposal thereof by the members;

(b)     conducting and developing agriculture or industry undertaken by a society;

(c)      redemption of prior debts of members, purchases and improvement of funds by members, or construction of any project for providing irrigation facilities for the benefit of the members;

(d)     construction of office building/godown by the society or dwelling house by its members;

(e)     repayment of money previously borrowed by a society in accordance with its bye-laws;

(f)      maintenance of staff for efficient management of the society;

(g)     recouping any loss in part or in whole sustained due to circumstances over which the society had no control;

(h)     providing infrastructure facilities to societies and its members; and

(i)       providing fund for starting of new business or augmentation of old business;

Rule - 84. Application for Loan

(1)     An application for loan shall be in such form as may be required by the board and shall state the purpose for which the loan is required.

(2)     A member of a primary society applying for loan shall furnish a full statement of his ?

 

(i)       property and debts;

(ii)      a scheme in case of medium term or long term loan;

(iii)    annual expenditure including instalment of principal incurred and proposed to be incurred; and

(iv)    surplus available for repayment of the loan applied for.

Rule - 84A. Loans and advances to members and non members

A cooperative may grant loan to a member thereof belonging to economically weaker sections, this is to say, persons (including scheduled castes, scheduled tribes, marginal farmers, share croppers known as adhiars, bargadars or bhagchasis or by any other local terminology, agricultural labourers and physically or mentally handicapped persons) belonging to families having total annual income not exceeding eight thousand rupees, at a concessional rate of interest and against a lower scale of securities irrespective of the value of shares held by them.

Rule - 85. Security for Loan

For every loan a member shall furnish such security as may be required under the bye-laws or by the board.

Rule - 86. Security for financial assistance to be granted by Primary Co-operative Credit Society

No financial assistance shall be granted by a primary co-operative Credit Society to a member thereof unless such member furnishes the following security :-

(a)     such surety as may be provided in the byelaws;

(b)     where the financial assistance has been applied for the purpose or procurement of tangible assets, hypothecation of assets; or

(c)      security of other valuable assets as may be approved by the Board.

Rule - 87. Period of Repayment -

(1)     The period of repayment of loan shall be such as may be provided in the bye-laws.

Rule - 88. Maximum Credit -

The board shall determine the maximum credit of its members in such manner as it think fit.

Rule - 89. Restriction on issue of Loan

(1)     In any co-operative society in which the liability of the members is limited by shares, no loan shall be granted to a member exceeding twenty times the amount of share capital paid up by him :

Provided that -

?

 

(a)     the West Bengal State Cooperative Agriculture and Rural Development Bank, the state co-operative bank or a central co- operative bank may grant loans to a co-operative agriculture and rural development bank or a central co-operative bank upto 30 (thirty) times the amount of share capital paid up by the said banks;

(b)     a primary agriculture and rural development bank or a primary co- operative bank may grant loans to a member upto thirty times the amount of share capital paid up by him;

(c)      the state co-operative bank may advance loan to a society engaged in purchase, production and disposal of goods of its members in excess of twenty times the share capital paid up by such society;

(d)     the state co-operative bank or any other financing bank may grant loan to its member-societies upto thirty times the amount of share capital paid up by the member societies;

(e)     With the permission of the Registrar and under such conditions as he may impose, an agricultural society may grant loan to a member, repayable within a period of eighteen months, for facilitating production or disposal of crop, irrespective of the amount of the share capital paid up by such member;

(f)      an agricultural society may grant loan to a member, repayable within a period exceeding eighteen months but not exceeding sixty months for promotion of irrigation facilities and such other purposes as may from time to tine be determined by it irrespective of the amount of share capital paid up by such member;

(g)     a Primary Agriculture and Rural Development Bank may grant loan to a member for promotion of irrigation facilities and for such other purposes as may from time to time be determined by it irrespective of the amount of share capital paid up by such member;

(h)     the state co-operative bank or any other co-operative bank may grant loan to a member against pledge or hypothecation of marketable security or goods or both upto a maximum ,limit of eighty per cent of the market value of such security or goods or both or against the guarantee of the employer of the member of the society concerned, irrespective of the amount of share capital paid up by such member;

(j)      with the permission of the Registrar and under such conditions as he may impose, a co-operative society composed solely of displaced persons and recommended by the department dealing with the displaced persons may grant loan to a member irrespective of the amount of share capital paid up by such member;

(k)     the state co-operative bank or any other co-operative bank may grant loan to a member against mortgage of immovable property upto a maximum limit of eighty per cent of the market value of such property, irrespective of the amount of share capital paid up by such member.

(2)     A cooperative society may, in terms of section 50, grant loan to a member thereof belonging to economically weaker sections, that is to say, persons (including scheduled castes, scheduled tribes, marginal farmers, share-croppers known as Adhiars, Bargadars or by any other local terminology, agricultural labourers, and physically or mentally handicapped persons) belonging to families having total annual income not exceeding eight thousand rupees, at a concessional rate of interest and against a lower scale of security irrespective of the value of shares held by them.

Explanations :-

(1)     A marginal farmer means a person who owns land not more than one hectare.

(2)     For the purpose of this sub-rule ?family? shall have the same meaning as appearing under Explanation of sub-section (3) of section 16.

(3)     Any cooperative society may give by way of loan to any depositor a sum not exceeding eighty-five per centum of his deposits.

Rule - 90. Form of declaration creating charge on Immovable Property of Members

 

(1)     A declaration to be made under section 54 shall be in Form XVII;

(2)     A register of such declaration shall be kept by the society in Form XVIII.

Rule - 91. Form of declaration for creating Gehan on land or other Immovable property or interest therein

 

(1)     A declaration to be made under sub-section (1) of section 55 shall be in Form XIX;

(2)     A register of such declaration shall be kept by the society in Form XX.

Rule - 92. Levy of water rate and embankment protection rate of non-members

 

(1)     A cooperative society, object of which is to provide irrigation facilities to the cultivable land of its members, may in Form XXI apply to the Collector for the demarcation of the area irrigable from any source of irrigation other than a tank which has been declared to be derelict tank under section 4 of the Bengal Tanks Improvement Act, 1939 (Ben. Act XV of 1939).

(2)     Such area shall be termed as ?irrigable area?.

(3)     On receipt of such application, the Collector shall, after publishing notice in Form XXII, by way of hanging on the land adjoining the source of irrigation and affixing on the notice board of the Collectorate or the Anchal Panchayat and the registered office of the cooperative society, prepare and publish in the same way a map of the irrigable area and a statement in Form XXIII of the cultivable land included therein.

(4)     If the land possessed by persons who are not members of the society comprising of not less than forty per cent of the cultivable land included in the irrigable area, such society may levy water rate as is fixed by it upon any person who is not a member of the society possessing within such area cultivable land which is benefited by such irrigation facilities.

(5)     A cooperative society, an object of which is to provide embankment protection facilities to the land of its members, may apply in Form XXIV to the Collector for demarcation of the area protection by any embankment.

(6)     Such area shall be termed ?protected area?.

(7)     On receipt of such application, the Collector shall, after publishing in the same form and in the same manner a notice as laid down in sub-rule (3), prepare and publish in the same form and in the same manner as laid down in the said sub-rule a map and a statement of the land included in the protected area.

(8)     If the land possessed by persons who are not members of the society comprising of not less than forty per cent of the land included in protected area, such society may levy embankment protection rate fixed by it upon any person who is not a member of the society possessing within such protected area land which is benefited by the project or scheme.

 

(9)     The water-rate and the embankment protection rate shall be recoverable as a public demand under the Bengal Public Demands Recovery Act, 1913 (Ben. Act III of 1913).

(10)   (a) A cooperative society, an object of which is agricultural farming on cooperative basis through consolidation of land holdings, may, in Form XXV, apply to the Collector for demarcation of the area proposed to be brought under the land consolidation scheme.

(b) Such area shall be termed ?Cooperative Farming Area? or ?Samabay Krishi Kshetra?.

(c) On receipt of such application, the Collector shall, after publishing the same form and in the same manner, a notice as laid down in sub-rule (3), shall prepare and publish a map and a statement of land included in the ?Samabaya Krishi Kshetra?.

(d) If the land possessed by the persons who are not members of the society comprising of not less than forty per cent of the cultivable lands included in the Samabaya Krishi Kshetra, such society may, direct in Form XXVI the persons who are not members to join the society and the value of one or more shares in terms of the bye-laws of the society and such member shall thereupon within forty-five days from the receipt of the direction join the society.

(e) If a person who is not a member, referred to in clause (d), after being called upon, by the concerned society so to do, refuses to join the said society, the said society may apply to the Collector for requisition of the lands owned or possessed by such person within the ?Samabaya Krishi Kshetra? and if the Collector, after hearing such person and the board and after making such enquiry as he thinks necessary is of the opinion-

(i)       that the aforesaid land or a part thereof owned or possessed by the said person is essentially necessary in the interest of the concerned cooperative farming scheme and the cooperative movement in general;

(ii)      that but for such land or part thereof the said cooperative farming scheme is likely to fail; and

(iii)    that the said society is in a position to pay compensation that may be awarded for acquisition of such land or part thereof, under the Land Acquisition Act, 1894(1 of 1894), shall acquire such land or part thereof for the society and hand over possession of the same to the society if the society deposits the required compensation as fixed by the collector;

(f) In case of a cooperative society, referred to in foregoing clause, all lands, excluding homesteads, belonging to members thereof and situated within the Samabaya Krishi Kshetra, whether owned by them at the time when they became such members or acquired by them subsequently, shall become property of the society, and no member shall be entitled to hold in his personal capacity in the Samabaya Krishi Kshetra any cultivable land or any land which can be made cultivable.

Rule - 93. Map of the irrigable area

The map of the irrigable area, the protected area or the Samabaya Krishi Kshetra shall be drawn upon a scale showing the boundaries of the concerned area and the settlement plot numbers of the lands included in such area.

Rule - 94. Levy of water-rate and embankment protection rate

The Board of a cooperative society may decide and fix the water rate per acre per year for supplying water to the lands for irrigation purpose.

Rule - 95. The period within which and the manner in which mortgage deed is to be sent to the registering office

 

A copy of the mortgage deed referred to in sub-section (2)of section 60 duly certified by the Manager or the Branch Manager shall be sent to the registering officer through a messenger or by registered post with acknowledgement due within thirty days from the date of its execution.

Rule - 96. Grant of preference and exemption by the state Government under sub-section (3) of section 60

In respect of any cooperative society or class of cooperative societies in the interest of promotion of cooperative movement in the state, the state government may, by general or special order, grant ?

(i)       preference in the matter of settlement of lands and fisheries owned by the State Government;

(ii)      preference in the matter of making purchases and fixing prices thereof;

(iii)    preference in the matter of placing contractors for Government work without inviting open tenders;

(iv)    exemption from deposit of earnest money required to be made alongwith the permission of tenders for Government contract work.

 

(v)     exemption from deposit of security money required to be made before being allowed to take up government contract work for execution; and

(vi)    exemption from payment of licence fees, if any, required to be paid for dealing in any commodity.

Rule - 97. Compromise or arrangement between Cooperative Society and its creditor

Where a compromise or arrangement is proposed by a cooperative society or its creditor or any class of creditors as referred to in section 62, the Board will decide the matter in a meeting or meetings convened for the purpose and the settlement made between the parties shall be placed before the General Body for ratification.

Rule - 98. Conduct of sale by the Sale Officer

The sale officer shall conduct the sale as prescribed under the Act and rules.

Rule - 99. Power of State Government to Guarantee

(1)     In case of any debenture or of any class or series or issue of debentures issued under the Act, the State Government shall guarantee repayment of the principal and the payment of the interest thereon, subject to such maximum amount of principal or such rate of interest and such other conditions, as the State Government may decide.

(2)     Such debentures shall not be issued by a cooperative society save with the express authority of the State Government.

Rule - 100. Liability to furnish information

Every officer and every member of a cooperative society shall furnish such information in regard to the transactions or working of the society, as may be required of him by the Registrar, an audit officer, arbitrator, liquidator or any person conducting an inspection or enquiry under Chapter ? X of the Act.

Rule - 101. Change of Liability

(1)     A cooperative society may, by amendment of the bye-laws, change the form or extent of its liability.

(2)     When a cooperative society passed a resolution to change the form or extent of its liability, the society shall give notice thereof in writing to all its members and creditors and notwithstanding any bye law or contract to the contrary, any member or creditor shall, within one month of the service of the notice upon him, have the option of withdrawing his shares, deposits or loans. Any member or creditor, who does not exercise his option within the period aforesaid, shall be deemed to have assented to the change.

(3)     The change shall not take effect until ?

 

(a)     the assent thereto of all members and creditors has been secured, or

(b)     all claims of members and creditors who exercise the option referred to in sub-rule (2) have been met in full.

Rule - 102. Cooperative Society?s power to call for Statement of claims

(1)     When a member of a cooperative society, which includes among its objects the advance of loans to its members, applies for a loan or when a person applies for membership of such a society, the society may serve a notice on any creditor named in the application or ascertained after enquiry, and may also publish a general notice on all creditors, requiring him in Form XXVII and within the time specified in the notice, to furnish a written statement of his claim in Form XXVII A.

(2)     When a member of a cooperative society, which includes among its objects the advance of loans to its member, intends to apply for a loan from any person other than the society, such member shall send to the society a notice in writing, stating ?

(a)     his intention to apply for such loan,

(b)     the amount of the loan for which he intends to apply, and

(c)      the object of taking the loan.

Rule - 103. Cooperative Society?s power to call for notice of suits or proceedings against members

A cooperative society the objects of which includes advance of loan to its members and the financing bank, if any, of which such society is a member, may where revenue or loan or advance realizable as public demand is payable by any member of such society to the State Government, by a notice served upon the collector, require the collector to furnish to such society or the financing bank or both, notice of any suit or proceedings for recovery of arrear of revenue or loan or advance instituted or commenced, by him against such member.

Rule - 104. Restrictions on transactions with non-members

On the application of a member of any society or of his own motion, when it appears to the Registrar that it is necessary in the interest of the working of any particular society, to regulate or restrict transactions of such society, with any non-member, the Registrar shall, after giving the society an opportunity of being heard, issue such directions as he may consider necessary regulating or restricting such transactions.

Rule - 104A. Creation of Posts

(1)     The Board of a cooperative society may from time to time create posts of different categories of employees and officers subject to the provisions of section 43, to assist the cooperative in the performance of its duties and discharge of its function and such creation of posts shall only be made with the approval of the General Body.

(2)     The Board of a cooperative society shall appoint subject to sub-section (5) of section 94, such officers and other employees created under sub-rule (1).

Rule - 105. Procedure for direct recruitment of staff by cooperative societies

(1)     Subject to the provisions of rule 104A, all cooperative societies shall notify their vacancies, other than those required to be reported to the Cooperative Service Commission, through publication of advertisement at least in one national daily newspaper, and to the Local Employment Exchange or to the Director, National Employment Exchange, as the case may be, and ask for names of suitable candidates in terms of the qualifications required of such candidates.

(2)     For selecting the candidates, the selection committee for selection of staff other than Group D staff may hold such test and interview or Viva Voce tests as it may consider expedient.

(3)     In cases where the local Employment Exchange or the Director, National Employment Exchange, will not be in a position to furnish suitable names within two months from the date of notification of the vacancies, the concerned cooperative society may start recruitment process of applications received on the basis of advertisement in the newspaper.

(4)     All cooperative societies shall maintain the same percentage of vacancies reserved for candidates of scheduled castes, scheduled tribes and other backward classes as may be specified by the State Government by general or special order from time to time.

(5)     While calculating the vacancies to be filled up, all cooperative societies shall give due consideration to the principles regarding absorption of casual and seasonal workers as enunciated by the Labour Department of the State Government.

Rule - 105A. Constitution of Selection Committee

Societies other than mentioned in the Fifth Schedule of the Act and in regard to selection of Managing Director or the Chief Executive Officer of the West Bengal State Cooperative Bank Ltd. and all Central Cooperative Banks, the Selection Committee for assisting the cooperative societies in the matter of selection of candidates under rule 105 shall be constituted as follows :-

(a)   Apex societies

(i)       The Chairman and the Vice-Chairman or in their absence any two Directors of the concerned society as decided by the board;

 

(ii)      The Managing Director or the Chief Executive Officer of the society;

(iii)    Registrar or his nominee;

(iv)    One expert selected by the Society;

(v)     The Chairman of the State Cooperative Union or his nominee

The Managing Director or the Chief Executive Officer or the Manager of the Cooperative Society shall be the convener of the meeting and its Chairman or in absence of the Chairman, the Vice-Chairman or in absence of both any of the two nominees of the concerned society as decided by the board shall be the Chairman of the Selection Committee.

(b)   Central Societies

(i)       The Chairman and the Vice-Chairman, or in their absence, two Directors of the concerned society as decided by its board;

(ii)      A nominee of the Registrar;

(iii)    The Chief Executive Officer of the concerned cooperative society or the Manager as the board of the society may decide;

(iv)    A representative of the concerned apex society;

(v)     One expert selected by the Society.

The Chief Executive Officer or the Manager of the Cooperative Society shall be the convener of the meeting and its Chairman or in absence of the Chairman, the Vice-Chairman or in absence of both any of the two nominees of the concerned society as decided by the board shall be the Chairman of the Selection Committee.

(c)    Primary Society

(i)       The Chairman and the Secretary, or in their absence, two Directors of the concerned society as the board may decide;

(ii)      The Chief Executive Officer or the Manager, as the board may decide;

(iii)    A nominee of the Registrar;

(iv)    A representative of the concerned central society or the concerned Apex Society where there is no central society;

(v)     The Secretary, or in his absence, the Chief Executive Officer or the Manager, as the case may be shall be the convener of the meeting and the Chairman, or in his absence, the Chairman elected amongst the members of the Selection Committee shall be the Chairman of the meeting.

Rule - 106. Method of recruitment and Conditions of service of the officers and employees of cooperative societies

 

The method of recruitment and conditions of service of the officers and employees of cooperative societies shall, subject to the terms of specific contract enforceable by law and the provisions of any law for the time being in force, be as enunciated in the Appendix to this Chapter.

Provided that if any particular matter is not covered in the specific contract, the matter shall be guided by the method of recruitment and conditions of service as indicated in the Appendix to this chapter

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APPENDIX TO CHAPTER V Method of recruitment and Conditions of Service

1.       Groupings

The employees of cooperative societies shall be grouped as follows: - Group A ? Top Level Management.

Group B ? Medium Level Management. Group C - Clerical and Operative.

Group D - Subordinate Staff

2.       Status of employees

The employees shall be temporary, on probation and permanent.

3.       The minimum qualifications for appointment

(1)     The minimum qualifications for appointment to different posts of co-operative societies shall be as follows: -

GROUP A: Bachelor?s degree of a recognized university with knowledge in computer science

GROUP B: Bachelor?s degree of a recognized university with knowledge in computer science

GROUP C: Madhyamik pass certificate with knowledge in computer science

 

GROUP D: Must have passed the annual examination of Class VIII of a Madhyamik School, recognized by the West Bengal Board of Secondary Education.

Provided that for appointment to the post of Accountant a degree in commerce or a diploma in Chartered or Cost Accountancy along with knowledge in computer science shall be essential;

Provided that the board may prescribe higher qualifications and may also prescribe marks or division in the qualification.

(2)     (a) An Officer in Group A shall have to undertake when deputed by the society, training of the Vaikunth Mehta National Institute of Co-operative Management, Pune, Maharashtra and pass such examination, if any as end of course examination.

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(b) An office in Group B shall have to obtain, when deputed by the society, the Higher diploma in Co-operation from Netaji Subhas Co-operative Training College Kalyani, Nadia, West Bengal or from any such college or institute as may be ordered by the State Government.

 

(c) An employee in Group C when deputed by the society, shall have to undertake training at any of the Co-operative training institutes run by the West Bengal State Co-operative Union.

 

(3)     Employees mentioned in Sub-rule (2) shall have to obtain diploma in cooperation or undertake training as the case may be , pass the examination within three years from the date of joining the service failing which he shall not be confirmed and shall cease to earn increment of pay.

 

Provided that when the employee is not deputed by the employer society and he fails to be so qualified for no fault of him, his increments of pay shall not be stopped but he shall not be confirmed.

 

(4)     Employees of the society already in service shall not be liable to be discharged or removed from service or be reduced in rank for want of qualification prescribed in these rules or for want of training, but if such employees undertake the training or pass the examination, they shall be entitled to one advance increment from the first day of the month following the date acquiring the qualification but the date of increment of pay shall remain the same.

 

4.       The age for recruitment

(1)     The minimum age for direct recruitment to a post in the society shall be 18 years on the first day of January of the year in which the vacancies are advertised.

 

(2)     The maximum age for recruitment to the posts in Groups A and B shall be 40 years and in Groups C and D 35 years on the first day of January of the year in which the vacancies are advertised.

 

Provided that the scheduled castes, scheduled tribes and other backward classes candidates the maximum age limit shall be relaxed by five years.

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(3)     The maximum age limit for a person already in service of another cooperative society or physically handicapped or ex-service man shall be decided by the Board.

 

(4)     Not more than 30 per cent of the sanctioned posts in the establishment of an apex or central society shall be filled up by promotion of fit and suitable employees of the societies affiliated to it.

 

(5)     All appointments shall be temporary for a period of two years. Thereafter if there is any permanent post the appointment shall be on probation for one year. On satisfactory completion of probation and on completion of training or passing the examination, if any, an employee may be confirmed against any permanent post.

 

5.       MEDICAL FITNESS

 

No person other than person appointed on deputation from another cooperative society shall be appointed to any post under any cooperative society without medical certificate of fitness being granted by a Registered Medical Practitioner of such standing as the board may approve.

 

6.       APPOINTING AUTHORITY

 

The board shall be the appointing authority of its employees and may, from time to time, delegate its powers in this regard to such authority as it may decide by a resolution in meeting.

 

7.       APPOINTMENT

 

(1)     All appointments by direct recruitment excepting the deputation shall be made on the basis of the result of a written examination and interview.

 

(2)     Appointment in Group D shall be made by selection in such manner as the board may decide.

 

(3)     Appointment by promotion shall be made on the basis of seniority-cum-fitness or in such manner as the board may decide.

 

(4)     All appointments shall be temporary for a period of two years. Thereafter if there is any permanent post the appointment shall be on probation for one year. On satisfactory completion of probation and on completion of training or passing the examination, if any, an employee may be confirmed against any permanent post.

 

8.       COMMENCEMENT OF SERVICE

 

The service shall commence from the date of joining the service provided that, if a person joins in the afternoon of a day, his service shall be deemed to have commenced from the forenoon of the next day.

9.       SENIORITY

Seniority in a particular cadre of employees shall be determined according to the date of their joining the cadre. If in case of any two or more employees the date of joining is the same their inter se seniority shall be determined according to the seniority in age and in the case of such employees the date of birth of any two or more employees is also the same, the inter se seniority shall be decided by the board on a lot. In case of employees appointed or promoted to a post in one batch, the seniority shall be determined in accordance with the order of seniority to be specified by the appointing authority on the basis of results of the test taken. If one or more promotees and one or more direct recruit join on the same date, the promotees shall be placed above the direct recruit.

 

10.     PAY, ALLOWANCES AND OTHER CONCESSIONS

(a)     The board shall be the competent authority to determine and create the post of different levels of management as provided in paragraph 1 of the Appendix to Chapter V, to frame scale of pay, dearness allowance and other allowances in respect of each category of employees of the society. The board shall also be the competent authority to revise the same from time to time if circumstances so demand.

Provided that where any co-operative society has incurred loss in the previous year, or has accumulated losses in its account the board shall not increase the scale of pay or any allowances in respect of any category of its employees without the approval of the Registrar.

(b)     If any employee is promoted from a post to higher post his initial pay in the higher post shall be fixed at the stage in the new pay scale next above the stage in the pay scale of the lower post from which he is promoted.

 

(c)      The annual increment in the pay scale shall accrue normally to an employee after he has completed one year?s continuous service in the Pay scale, unless it is withheld for reasons of unsatisfactory performance of duties.

(d)     Travelling allowance admissible to all categories of employees of the societies for journeys and halts on duty as also on transfer shall be guided by the rules of the society concerned.

(e)     All wholetime employees of the societies shall be entitled to the benefits of employee?s contributory provident fund in rule 122.

(f)      The employees of the Co-operative societies shall be entitled to bonus if admissible under the provisions of the Payment of Bonus Act, 1965 (21 of 1965).

11.     TRANSFER AND TRAINING

(1)     Every employee shall be liable to be transferred from one post to another and/or from one station to another in the interest of the business of a co-operative society. Every employee shall be liable to join any training course as may be decided by the board and will be entitled to full pay and allowances during the training period including period of journey to and from the training centre. A society shall be under obligation to send an employee for training when that benefit the employee.

(2)     On transfer from one station to another or for joining a training centre or return therefrom, every employee shall be entitled to six days? joining time, in addition to the time required for the journey, provided that when there is no change of residence, joining time shall not be more than twenty four hours.

12.     LEAVE

(a)     The following categories of leave shall be admissible to an employee of a co-operative society to the extent noted against each: -

(i)       Casual leave on full pay ? 14 days in a calendar year.

 

(ii)      Compensatory leave on full pay ? An employee required to perform duties on any holiday shall be eligible for compensatory leave.

(iii)    Earned leave on full pay ? 30 days in a calendar year.

 

(iv)    Medical leave on half pay ? 15 days in a calendar year.

 

(v)     Maternity leave - 135 days at a time with full pay and not more than two times during the entire period of service for a married female employee.

 

(vi)    Extraordinary leave - This may be granted to any employee in special circumstances when no other leave is, by rule, admissible. This kind of leave shall be sanctioned as leave without pay. It shall be at the discretion of the sanctioning authority to fix the amount of extraordinary leave to be granted in each case.

Provided that the period of extra ordinary leave shall not be counted for increment in the scale of pay and shall not be included in the total period of service.

(b)     No leave of any kind can be claimed as of right and the grant of leave shall be subject to the exigencies of service and work and the circumstances of each case.

(c)      An employee shall be liable to be recalled from leave other than medical/maternity leave if the exigencies of service so require, provided the society bears the actual travel fare of the employee recalled from leave it at the time of recall he is spending his leave at a place other than his head quarters.

(d)     An employee shall before proceeding on leave state in writing any change in his address while on leave and shall keep the society informed of subsequent change in such address.

(e)     The society shall maintain leave account in respect of every employee and on request he may be intimated of the amount of leave due to him.

(f)      (Casual leave and compensatory leave shall not be granted for more than seven days at a time nor shall be accumulated or carried forward from one year to the next year and shall lapse if not availed of during the year. Earned leave and medical leave due shall be carried forward up to 180 days and 450 days respectively.

13.     CONDUCT AND DISCIPLINE

(a)     Every employee of a co-operative society shall at all times:

(i)       maintain absolute integrity;

 

(ii)      maintain devotion to duty;

 

(iii)    abide by and comply with the rules of the society and/or order-s and directions of the superior authorities;

(iv)    discharge his duty to the best of his ability in the interest of the society.

 

(b)     All employee shall so manage the private affairs as to avoid habitual indebtedness of insolvency; and an employee against whom legal proceedings are instituted for recovery of any debt due from him or for adjudging him as an insolvent, shall forthwith report (to the society) the full facts of the legal proceedings.

(c)      No employee shall, except in accordance with any general or special order of the board or of his superior or in the performance in good faith of the duties assigned to him, communicate directly or indirectly the contents of any official documents or any part thereof or other information to any other employee or any person to whom he is not authorized to communicate such contents or information:

Provided that nothing in this rule shall apply to any statements made or views expressed by an employee in his official capacity or in the due performance of the duties assigned to him.

(d)     No employee shall accept or permit any member of his family or any person acting on his behalf to accept any illegal gratification or pecuniary advantage or gifts etc., from any person or agent who have or may have dealing with the society.

(e)     No employee shall, except for unavoidable reasons absent himself from without taking prior sanction of leave nor shall overstay the period of sanctioned leave.

14.     Misconduct and disciplinary action

(a)     The following acts, among others, shall constitute misconduct of an employee, namely ?

(i)       willful insubordination or disobedience, whether in alliance with a co-employee or not, of any lawful and reasonable order of superior;

(ii)      willful avoidance of work abetment or instigation thereof;

(iii)    theft, fraud, misappropriation or dishonesty in connection with employer?s business or property or otherwise;

(iv)    habitual absence without leave, overstaying the sanctioned leave without sufficient ground or proper and satisfactory explanation of habitual late attendance;

(v)     commission of any act subversive of discipline or good behaviour in any public place such as drunkenness, riotous disorderly or indecent behaviour, gambling or taking or giving bribes or any illegal gratification of any kind whatsoever;

(vi)    gross or habitual negligence of duty.

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Explanation ? For the purpose of this clause ?gross or habitual negligence of duty? shall include, in the case of an employee of a co-operative society whose function or duty? includes recovery of dues, inadequate recovery of such dues unless he can prove that there was no negligence whatsoever in this respect on his part;

(vii)   disclosing to a person any information with regard to the society which be detrimental to the interest of the society;

(viii)  willful damage to any property of the society;

(ix)    indulging in scurrilous attacks against the management and other superiors

(b)     any of the following penalties may be imposed on an employee for such misconduct by the Disciplinary Authority, namely -

(i)       censure;

(ii)      recovery from a pay of the whole or part of ay pecuniary loss caused to the society by negligence or breach of order;

(iii)    withholding of increments with or without cumulative effect;

(iv)    withholding of promotion;

(v)     reduction to lower stage in the time scale of pay or reduction to a lower time scale of pay, grade, post or service;

(vi)    removal from service which shall not be a disqualification for future employment under the society;

(vii)   dismissal from service which shall ordinarily be a disqualification for future employment under the society.

Explanation: - The following shall not amount to penalty within the meaning of this rule, namely:-

(i)       reversion to lower grade or post of an employee officiating in a higher grade or post for want of vacancy or on administrative grounds unconnected with his conduct;

(ii)      reversion to permanent service, grade or post of an employee appointed on deputation to another service, grade or post during or at the end of the period of deputation.

(iii)    termination of service: -

(a)     of an employee appointed on probation during or at the end of the period of probation; or

 

(b)     of any employee employed temporarily or under an agreement in accordance with the terms of such agreement on one month?s notice, for abolition of the post or otherwise.

(c)      Disciplinary and Appellate Authorities

(1)     For the purpose of imposing any penalty under paragraph 14, the Board which is the appointing authority, shall be the ?disciplinary authority?, and the general body of members in the general meeting shall be the appellate authority.

(2)     An employee aggrieved by an order of the disciplinary authority shall have a right to appeal against such order. An appeal shall lie (1) against any order passed by the Chief Executive Officer to the Chairman of the board, (2) against the order passed by the Chairman or the Vice-Chairman of the Board, to the Board, (3) against the order of the Board, to the general body of the society, every appeal shall comply with the following conditions. It shall contain all material statements and arguments relied on and shall be complete in itself. It shall specify the relief desired. It shall be submitted through proper channel. The appellate authority shall decide the appeal within three months from the date of submission of the application except where the general body is the authority.

15.     Suspension

(a)     An employee of a co-operative society whose conduct requires investigation on a charge of misconduct enumerated in clause (a) of paragraph 14 may be placed under suspension pending enquiry, if in the opinion of the disciplinary authority the attendance of such employee on duty during the period of investigation into such charge is likely to vitiate the proceedings.

(b)     An employee of a co-operative society may be placed under suspension where a case against him in respect of any criminal offence is under investigation or trial.

(c)      An employee who has been suspended shall not be entitled to absent himself from his ordinary place of residence during the period of his suspension, except without permission of the authority by whom he has been suspended.

(d)     During the period of suspension, an employee shall be entitled to subsistence grant equal to 50 per cent of his pay on the date of suspension and dearness allowance at the rate at which it was drawn by him on the date of suspension:

Provided that if the period of suspension exceeds one year, the board may enhance the subsistence grant by 50 per cent if in the opinion of the suspending authority the period of suspension has been prolonged for reasons not directly attributable to the employee:

Provided further that such order shall continue to remain in force until it is modified or revoked by the appropriate authority.

(e)     When the charge against the suspended employee is not established or is held to have been unjustifiable or not wholly justifiable and he is reinstated, he shall be entitled to the full pay and allowances to which he could have been entitled if he had not been suspended; and, the period of suspension shall be treated as period on duty.

16.     Removal from service on criminal conviction

Am employee of a co-operative society shall be removed from service on criminal conviction by a competent court.

17.     Resignation

(a)     (i) A permanent employee may resign from the service of a society on giving three months? notice to the society in writing, failing which he shall be liable to pay an amount equal to three month?s salary;

(ii) A probationary or a temporary employee may resign from the service of the society on giving one month?s notice to the society in writing, failing which he shall be liable to pay an amount equal to one month?s salary: Provided that the board may, in exceptional circumstances, dispense with the requirement of notice or reduce the requisite period of notice.

(b)     (i) Except with the sanction of the board resignation will not be permitted while the conduct of an employee is under investigation or until all claims against him are settled. While placing before the board an application for resignation, it should be stated whether there is any adverse report against the applicant or whether anything is due from him to the society.

(ii) The authority receiving an application for resignation from an employee shall at once adjust all claims of the society outstanding against the applicant, and his resignation shall not be accepted until his accounts are fully adjusted and charge of his office is formally made over.

(iii) If without formally tendering resignation or having sent his resignation, and employee quits his post before receiving intimation of acceptance or before expiry of the requisite period of notice, there or one month?s salary as my be decided by the board, will be recovered from dues payable to him.

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18.     Retirement and Retirement benefits

(1)     Every employee of a Co-operative society shall retire on superannuation attaining the age of 60 years.

(2)     Employees of a co-operative society shall be eligible to payment of gratuity as per the provisions of the payment of Gratuity Act, 1972 (39 of 1972).

(3)     An employee of a cooperative society who retires on superannuation or otherwise shall be eligible to receive cash equivalent of pay in respect of earned leave standing to his credit provided that the quantum of leave encashable under this sub-section shall not exceed three hundred days.

(4)     If the employee dies before superannuation, the benefits under sub rule (2) and (3) and all other dues shall be payable to his heirs or nominees, as the case may be.

19.     Appointment on Compassionate grounds

Rules as applicable to the employees of the State Government shall apply to the employees of cooperative societies in respect of appointment on compassionate grounds.

20.     Formulation of other conditions, if any

Besides the conditions of service as mentioned under these rules, the board may formulate other conditions of service as may be required from time to time.

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CHAPTER VI Members of Co-operative societies and their duties, rights, accountability, privileges and liabilities

Rule - 107. Eligibility for Membership

No person, qualified to be a member of a co-operative society under the Act, or the Rules or the Bye-laws shall be excluded from membership:

Provided that without the permission of the Registrar : -

(i)       no person shall be entitled to membership of any society with unlimited liability who is or has been at any time during the two preceding years, a member of any other society with unlimited liabilities.

(ii)      no person shall be entitled to membership of any credit society even with limited liability if he is a member of or is indebted to, any other such society until he has obtained in writing the consent of the society of which he is already a member.

Rule - 108. Form and Manner of Admission to Membership

A person intending to be a member of a Co-operative society shall apply to such co- operative society in Form XXVIII and such application shall be addressed to the Chief Executive Officer of the society by whatever designation he may be called.

Rule - 109. Disposal of Objection

Where an objection is received against any such application for membership, the objection shall be placed in the next meeting of the Board for decision:

Provided that the Board shall before coming to a decision afford the applicant and the objector an opportunity of being heard.

Rule - 110. Appeal against refusal to admit any Applicant as Member of a Society

(1)     On receipt of an appeal under sub-section (3) of section 64 the Registrar shall issue clear seven days? notice to the appellant, to the society concerned and to the objector, if any, fixing the date, time and place of hearing and after affording the parties an opportunity of being heard, the Registrar shall make appropriate order and the order shall be binding on the society with effect from the date of receipt of the same. No resolution of the Board admitting the appellant as member shall be necessary if the Registrar decides in favour of the admission.

(2)     The appeal shall be preferred within 30 days from the date of communication of the decision .

Rule - 111. Exercise of Rights of Membership and Liability of Members

 

(1)     Before a member may exercise rights of membership, he shall: -

(i)       sign a declaration in such form, as may be required by the Board, undertaking that he shall be bound by the bye-laws of the society.

(ii)      sign the register of members; and

(iii)    make payment of share money wherever necessary;

Provided that the requirement of the provisions of this clause shall be communicated to a member within fifteen days from the date of enrolment of such member.

(2)     Liability of members -

The members of a cooperative society shall, upon the dissolution of the cooperative society, be jointly and severally liable to contribute towards any deficiency in the assets of the cooperative society :-

(a)     if the cooperative society is a society with unlimited liability, without limit; and

(b)     if the cooperative society is a society with limited liability, subject to such limitation as may be provided in the by ?laws.

Rule - 112. Appeal against order of Expulsion or Suspension

Where the Board of a Co-operative Society expels or suspends a member, such decision shall be communicated to the member within fifteen days from the date of such decision. The member such expelled or suspended shall have a right of appeal to the immediate next general meeting and the decision of the general meeting on such appeal shall be final.

Provided that no such expulsion or suspension shall be made after publication of notice of the general meeting.

Rule - 113. Cessation of Membership of a Co-operative Society

A member of a co-operative society shall cease to be such member, if he: -

(i)       dies, or

 

(ii)      resigns in accordance with the Act, the Rules and Bye-laws; or

 

(iii)    transfers his share in favour of some other person in full with the permission of the Board; or

(iv)    is adjudged an insolvent; or

 

(v)     is adjudged bankrupt; or

 

 

(vi)    turns a lunatic.

 

Provided that the cessation of membership shall be deemed to be effective from the date when cause of cessation arises.

Rule - 114. An association or body of persons as a member of a co-operative society

 

When any association or body of persons or a cooperative society is admitted as a member of a cooperative society, it shall appoint any one of its directors or officers, by an instrument in writing, to exercise its rights and perform its duties in relation to such society.

Rule - 115. Manner of recalling a loan not utilized for proper purpose

(1)     Where the Board of a society has reasonable cause to believe that a member has not utilized a loan for the purpose for which it was advanced, the society may, by a notice, direct the member to show cause, within such time as may be specified in the notice, why the loan shall not be recalled, and where no cause is shown to the satisfaction of the society within the time specified, the society:-

(a)     may recall the loan; and

 

(b)     if the loan is not refunded immediately on recall shall apply to the Registrar for an award under section 139 in order to recover the loan.

(2)     where cause is shown, the society may after holding an enquiry and giving such member an opportunity of being heard, take such decision as it may consider expedient.

?Rule - 116. Restriction on interest of a Member of a Society with Limited liability and shares

Where the liability of a member of a co-operative society is limited by shares, no member other than the State Government or another co-operative society shall hold more than such portion of the share capital, of the cooperative society as may, subject to the maximum of one fifth of the share capital of the society be prescribed in the bye-laws of the cooperative society.

Rule - 116A. Disposal of deceased Member?s share or interest and procedure for calculation of value of shares

(1)     Where a co-operative society has to make a refund of the value of a share, the value of the share shall be deemed to be equal to the amount paid upon the share;

Provided that where a portion of the asses is estimated to be bad or doubtful in the latest audited balance sheet, and is not covered by funds created out of profits, the Board may, for the purpose of such payment, reduce the value of the share, in the same proportions as the aggregate amount of assets which are not bad or doubtful, less the amount of outside liabilities, bears to the paid-up share capital.

(2)     Where a transfer of share or interest is made, the value of the share or interest shall be deemed to be the sum actually paid by the member for the acquisition of such share or interest.

Rule - 117. Nomination of transferee

(1)     A member of a co-operative society may in accordance with the provision of section 76 nominate in writing any person belonging to his family to whom the share or interest or the value of such share or interest shall, on his death, be paid or transferred under the provision of the Act; nomination shall be made in Form XXVIIIB.

Provided that if a member has no family he may nominate any person to whom such share or interest or the value of such share or interest shall be paid or transferred; Provided further that such member may, from time to time, revoke such nomination and make a fresh nomination.

(2)     Every co-operative society shall keep a register of all persons so nominated.

 

(3)     In case the nominee of a member dies, the member shall report the death of such nominee to the society and make a fresh nomination if he so desires.

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Explanation ? For the purpose of this rule a family shall have the same meaning as given in the Explanation to sub-section (3) of section 16 and shall include major sons and daughters irrespective of marital status.

Rule - 118. Refund of share value

Where a member of a co-operative society ceases to be a member due to any reason, the shares held by him in the society may be refunded in accordance with the provisions of sub- rule (1) of rule 116A.

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CHAPTER VII Properties and funds of co-operative societies

Rule - 119. Investment of Funds

In addition to the manner specified in section 79 a Co-operative society may invest or deposit its funds in any other manner permitted by the Registrar and in the manner in case of societies under cooperative credit structure entity as provided under sub section (6) of section 134 C.

Rule - 120. Utilization of Bad Debt Fund

A Co-operative society may, subject to the provisions of section 81 invest or deposit the bad debt fund

(a)     with the West Bengal State Co-operative Bank Limited;

 

(b)     with any Central Co-operative Bank operating in the area of the society within which its registered office lies/situated;

(c)      in any Government Savings Bank;

 

(d)     in any other manner permitted by the Registrar.

 

Rule - 121. Use of Reserve fund and other funds in the business of a society

 

A co-operative society may, with prior approval of the general body and on such conditions as it may impose, use in its business ?

(i)       Upto one-fourth of its reserve fund, when the owned capital is less than the borrowed capital;

(ii)      Upto one-half of its reserve fund, when the owned capital is equal to or exceeds the borrowed capital; and

(iii)    the entire reserve fund, when there is no borrowed capital.

Rule - 122. Employees? Provident Fund

(1)     A cooperative society establishing Employees? Contributory Provident Fund under section 83 shall make regulations for its management, particularly with regard to

(i)       authority to administer the fund;

(ii)      amount of employees contribution to be deducted from the employee?s salary;

(iii)    mode of nomination for payment of the amount of the fund in case of the employee?s death;

 

(iv)    The purpose for which, extent to which, and the period after which advance may be made from such fund, and the number of monthly instalments in which the advance is to be repaid;

(v)     Final payment of the amount standing in the fund on the employee?s retirement, resignation or otherwise;

(vi)    Maintenance of accounts of such fund.

(2)     An employee?s contribution to the fund in a month shall be eight and one-third per cent of his basic salary.

(3)     The co-operative society may make such contribution every year to the Employees? Contributory Provident Fund, as may be approved by the Board, but such contribution shall not be less than the annual contribution made by the employee concerned.

(4)     Such Provident Fund shall not be used in the business of the society, but shall be invested or deposited in one or more of the following ways ?

(a)     In Government Savings Bank;

(b)     In any of the securities mentioned in section 20 of the Indian Trusts Act, 1882, other than those specified in clause (e) of that section; or

(c)      In any co-operative bank or any other bank approved by the General Body.

Rule - 123. Declaration of Dividend, Bonus, Rebate, etc

(1)     In every co-operative society with shares, dividend may be declared upto a maximum of 12 per cent per annum, on the amount paid up on shares as laid down in clause (a) of sub-section (1) of section 86.

Provided that a Primary Agricultural Credit Cooperative Society or a Cooperative Agriculture and Rural Development Bank may pay dividend in accordance with the guidelines framed by the Registrar in consultation with the National Bank as provided under sub -section (8) of section 134C.

(2)     In any co-operative society dealing in goods, rebate may be allowed on the total amount of payments made by a member during a co-operative year towards his purchase of goods from the society during that year.

(b) In case of credit societies, rebate on interest may be allowed to members making timely repayment.

 

(3)     No dividend shall be paid in any co-operative society unless recommended by the Board and approved by the general meeting and no bonus or rebate shall be allowed without approval of the Board in a meeting.

(4)     A co-operative society incurring loss or having accumulated loss on its account shall not without prior approval of the Registrar, make any ex-gratia payment or payment of bonus at a rate more than the minimum prescribed under the Payment of Bonus Act, 1965 (21 of 1965).

Rule - 124. Co-operative Education Fund

(1)     Every co-operative society shall, after the close of each co-operative year contribute five per cent of its net profit subject to a maximum of rupees fifteen thousand to the co-operative Education Fund. Such contribution shall be remitted to the West Bengal State Co-operative Bank Limited or to the Central co-operative Bank of the area concerned within three months from the date of receipt of the audited accounts. The Central Co-operative Bank on receipt of the amount shall transfer the same to the West Bengal State Co-operative Bank Limited within a period of thirty days from the date of the receipt:

Provided that the societies under Cooperative Credit Structure Entity may contribute as per this sub- rule to the Cooperative Education Fund but they shall have no compulsion in the matter as provided under sub-section (9) of section 134C .

(2)     (i) The fund shall be administered by the Co-operative Education Fund Committee to be set up by the State Government, with the following persons, namely : -

(a)     Chairman of the State Co-operative Union ? Chairman;

 

(b)     Four representatives of Agricultural Societies, namely, two from societies dispensing short-term credit, one from societies dispensing Long-term credit, and one from Marketing Societies to be nominated by the State Government ? Members;

(c)      Three representatives of non-agricultural societies, namely, one from non- agricultural credit societies and two from non-agricultural non-credit societies, to be nominated by the State Government - Members;

(d)     One nominee of the Registrar ? Member;

 

(e)     One nominee of the Federal Co-operatives ? Member.

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(ii) The Executive Officer of the West Bengal State Cooperative Union, and in the absence of such Executive Officer, the Senior Cooperative Education Officer of the said Union shall be the Secretary of the committee.

(iii) The members of the committee shall hold office for a period of three years from the date of their appointment.

(iv) A casual vacancy in the membership of the committee shall be filled up by the nominating authority, as early as possible for the remaining period of the term.

(3)     Subject to such direction, if any, as the State Government may give from time to time, the fund may be utilized for any of the following purposes, namely :

(a)     education of members, office bearers, employees and general public in cooperative principles and practice;

(b)     development of new types of cooperative societies;

 

(c)      Improvement of cooperative societies;

 

(d)     Development of cooperative movement in general;

 

(e)     Cooperative publicity;

 

(f)      Publication of the books and journals relating to cooperative movement;

 

(g)     Conduct of research, case studies and evaluation in the field of cooperative movement;

(h)     Award of prize or honorarium for rendering meritorious service to the cause of the cooperative movement of the state.

(4)     The fund shall be audited by the Director of Audit or by an Audit Officer authorized by him in this behalf by an order in writing, annually within a period of six months from the close of each co-operative year, and the copies of the audit report shall be submitted to the committee and to the State Government.

Rule - 123. Contribution for Charitable purposes

A co-operative society may make contributions under clause (b) of sub-section (1) of Section 86 for any charitable purpose as defined in section 2 of the Charitable Endowment Act, 1890.

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CHAPTER ? VIII Special provisions for Housing Co-operative Societies

Rule - 124. Functions of promoters

For the purpose of registration of a housing co-operative society all the promoters intending to join the application for registration shall hold meeting for ?

(a)     adoption of name of the proposed society and of its bye-laws,

(b)     election of the Chief Promoter and the first board including the Chairman, the Vice- Chairman and the Treasurer from amongst the promoters,

(c)      vesting the Chief Promoter, the Chairman, the Vice-Chairman and the Treasurer with powers and function as laid down in these rules,

(d)     consideration and adoption of the scheme of the project to be undertaken by the proposed society.

(e)     Consideration and approval of the agreement to be entered into with the vendor or lessor of the land, building or tenement, as the case may be.

Rule - 125. Functions of the Chief Promoter, the Chairman, the Vice-Chairman and the Treasurer

 

The Chief Promoter of a housing co-operative society shall take steps, as may be necessary, under the provisions of the Act and Chapter II of these rules to get the society registered and shall ?

(a)     open a bank account to be operated by him jointly with the Chairman or, in absence of any of them, the Vice-Chairman and the Treasurer together with the other available and submit such document alongwith updated statement of accounts (receipts and payments) to the Registrar alongwith the application for registration.

(b)     negotiate with the approval of the Chairman to purchase or get land, building or tenement.

Rule - 128. Holding of the first meeting of the board of a Housing Cooperative Society

 

After registration of a housing cooperative society the Chairman or, in his absence, the Vice-Chairman shall, within three months from the date of such registration, convene the first meeting of the board for the purpose of election of office bearers other than the Chairman, the Vice-Chairman and the Treasurer and for such other purposes as the Chief Promoter, may, with the approval of the Chairman determined.

Rule - 129. Report to the first general meeting and commencement of work

(1)     The report under clause (b) of sub-section (1) of section 89 shall, besides report about progress of the work, contain particulars of (a) funds raised from members (b) expenses incurred under various heads prior to and after registration, (c) how many members resigned and how many enrolled after registration of the society and (d) the latest estimate regarding the project cost.

(2)     Where the society decides to have the work executed by architects and contractors, in first meeting a panel of architects and contractors not exceeding three in each case, shall be prepared after giving due publication of notice, in at least one daily newspaper having wide circulation:

Provided that when the total cost of the project of a cooperative housing society exceeds rupees fifty lakhs, the society shall, in a meeting, decide to have the project executed by architects and contractors.

(3)     In the first meeting a panel of five valuers shall be prepared according to procedure prescribed in sub-rule (2)

(4)     No person acting as an architect shall also act as a contractor and vice-versa.

Rule - 130. Allotment of plots or houses or apartments

(1)     Allotment of plots, houses or apartments by the board shall be made strictly on the basis of the principles and policies adopted in its first meeting and shall be communicated to each member within seven days from such decision about allotment or otherwise. Any person dissatisfied by the decision of the board may appeal to the general body of members whose decision shall be final.

(2)     The member intending to prefer such appeal shall within fifteen days from date of receipt of the communication of the decision of the board express his intension in writing to the board to prefer an appeal, and the board shall within forty-five days of receipt of such intimation arrange to hold a meeting of the general body.

Rule - 131. Membership

(1)     Every applicant for membership of a co-operative housing society shall submit at the time of registration of the society or admission as member after registration shall submit the following documents to the Registrar or to the society, as the case may be:-

(i)       Declaration in the form of an Affidavit in prescribed form

 

(ii)      Two recent passport size photographs duly attested by the Chief Promoter and in case of Chief Promoter by an M.P./M.L.A./ local Municipal Commissioner/Pradhan of GP/any Gazetted Officer of the State or the Central Government/Headmaster/ Principal of any Government recognized educational Institution.

(iii)    Copy of salary certificate or copy of Form ? 16 showing deduction of P. Tax (in case of salaried persons),

 

(iv)    Copy of Professional Tax Registration Certificate or Professional Tax Enrolment Certificate or Professional Tax Clearance Certificate, as the case may be, (in case of professionals),

 

(v)     Copy of PAN Card or PPO or P.Tax Clearance Certificate in case of other category

 

(vi)    Application for nomination in prescribed form.

 

(2)     In a co-operative housing society the number of members shall not exceed the total number of plots, houses or apartments proposed by a society to be allotted to members under any scheme or project of such society:

Provided that member shall be eligible for allotment of only one plot, house or apartment in a housing co-operative society.

(3)     (a) For the transfer of land or house or apartment a member shall obtain a written consent of the society and before giving such consent the society shall satisfy itself that ?

(i)       the transferee is eligible for being a member of the society;

 

(ii)      the transferee has genuine need for residential accommodation;

(iii)    the transferor has paid off his outstanding liabilities to the society or, the transferee undertaken to take over such liabilities of the transferor;

(iv)    the transferee formally applies for membership of the society with requisite documents like copy of bipartite agreement of the proposed deal of transfer and a declaration to the effect that he will submit a certified copy of the registered sale deed to the society.

(b) where a society refuses or fails to give consent to the transfer referred to in clause (a) and the member intends to appeal to the Registrar against such refusal by or failure of the society, an appeal may be preferred within thirty days from the date of communication of the refusal or within sixty days from the date of receipt of the proposal by the society.

(4)     A person who does not own a house or apartment in his own name or in the name of a member of his family but possesses a plot of land in his own name, shall be eligible to be a member of a co-operative housing society comprising plot holders, if he intends to build a house thereon with the assistance of such society and if his plot stands adjacent to a plot within the jurisdiction of the society.

(5)     No person shall be admitted as a member of a co-operative housing society who is not considered by a board thereof as one having genuine need for housing or additional accommodation from such society.

(6)     A person who has entered or intends to enter into any contract with a co-operative housing society in the matter of any work, constructional or otherwise, relating to a project of the society shall not be eligible to be a member:

Provided that where a person conveying a plot of land in favour of a co-operative housing society intends to become a member of such society without any additional consideration and is otherwise eligible for such membership, he may be admitted as a member of such society.

Rule - 132. Cessation of Membership

(1)     A person shall cease to be a member, if ?

 

(i)       he incurs any of the disqualifications to be a member;

(ii)      he fails to accept any allotment of land or house or apartment within a period of ninety days from the date of allotment; or

(iii)    he or any member of his family establishes any business relationship with the society or acts as an advocate or solicitor against the society, unless otherwise directed y the Registrar.

(3)     The cessation of membership shall be deemed to be effective from the date when the cause of cessation referred to above first arises.

(4)     Notwithstanding anything contained in clause (i) of sub-rule (1), membership of a person shall not cease if he or any member of his family becomes owner of any land or house or apartment by inheritance and still continues to have a genuine need for accommodation in the project of the society.

Rule - 133. Expulsion of Members

(1)     Any member who continues to default in payment of his dues towards cost of land or house or apartment allotted to him by the society for more than six months without a break continues to default in payment of his maintenance charges for more than three months without break may be expelled from the society by the vote of two-thirds of the members of the board present and voting at a meeting after he has been given an opportunity of being heard and no resolution of the board shall be effective unless it is submitted to the Registrar for approval and approved by him: Provided that the order of expulsion shall take effect only from the date of communication of the decision of the board to the concerned members after the approval of the Registrar, as aforesaid, has been duly obtained:

Provided further that the approval or disapproval of the Registrar shall be communicated to the society within a period of six weeks and in the absence of such communication the resolution of the board shall be effective.

Explanation - The power of approval conferred under this rule shall vest in the Registrar exclusively and shall not be capable of being delegated to any other officer.

(2)     A member may be expelled in the same manner as laid down in Sub-rule (1) if, in the opinion of the board, he has done any act prejudicial to the interest of the society or has violated a lawful decision of the board despite warning.

(3)     The member so expelled shall have a right to appeal to the State Government for which purpose he shall submit a written representation to the State Government within a fortnight from the date of communication of the order of expulsion.

Rule - 134. Recovery of dues from member, after his entitlement to title or interest in land or house or apartment

 

Where a member, after his entitlement to title or interest in any land, house or apartment continues to default in payment to the society for a period of more than six months, the board may take steps for recovery of the dues laid down against serial 4 of the Second Schedule to the Act.

Rule - 135. Powers and duties of the Board of Housing Co-operative Society

 

Subject to the powers and duties conferred and imposed by these rules, the board of a housing co-operative society shall exercise the following powers and perform the following duties, namely ?

(a)     to appoint, suspend, remove or discharge all persons engaged on payment of fees or on the basis of contract, such as contractors, solicitors, supervisors, engineers, valuers, architects and surveyors;

(b)     to invite tenders and to enter into contracts for and on behalf of the society and to settle the terms thereof:

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Provided that the terms and conditions of contracts once settled shall not be altered without a resolution passed by two-thirds of the members present and voting at a meeting of the board;

(c)      to authorise by name one of the members of the board other than the person in- charge of cash or account to verify the cash balance as shown in the books of the society at least once a month and other assets of the society once in a quarter and to report to the board the result of such verification in the next following meeting. If any shortage of cash balance or any other asset is reported, the board shall take prompt steps for the recovery of the shortage failing which the members of the board shall be jointly and severally responsible for making good the shortage;

(d)     to take such steps as may be necessary for obtaining loan from the West Bengal State Co-operative Housing Federation Limited on behalf of the members or to assist the members in all possible manners including supply of papers and documents in the matter of their obtaining loans from any source;

 

(e)     to inform the members the full particulars of loan sanctioned and issued by the West Bengal State Cooperative Housing Federation Limited along with the terms and conditions thereof as and when such loans are sanctioned and issued by such Federation;

 

(f)      to issue periodical demand notice to the members for paying instalments towards cost of land, house or apartment:

 

Provided that the number of such instalments shall be fixed in consideration of the actual progress of the work of the project;

 

(g)     to ensure that the name of a nominee of a member is entered in the appropriate register and also to inform the member of the same in an appropriate manner;

 

(h)     to arrange timely repayment of loans to the West Bengal State Co-operative Housing Federation Limited on collection of instalments of loans from members; and

 

(i)       to place report for consideration of the members in the annual general meeting.

Rule - 136. Escalation of Project Cost

The Board shall endeavour to avoid any escalation of project cost. However, if there is any escalation, the board shall bring the fact to the notice of the general body in the annual general meeting or special general meeting forthwith.

Rule - 137. Financial transactions and maintenance of accounts in a housing co-operative society

 

(1)     All financial transactions in a co-operative housing society involving an amount exceeding one thousand rupees shall be made by Account Payee cheques only.

(2)     All payments to a co-operative housing society shall be made against serially machine-numbered receipts duly signed by the secretary and bearing the common seal of the society.

(3)     All payments by a co-operative housing society shall be made against proper receipt duly signed and dated by the payee concerned.

(4)     All receipts and payments by a co-operative housing society shall be immediately entered in the cash book of the society making corresponding entries in the relevant ledgers.

Rule - 138. Transfer and letting out by members of a housing co-operative society

 

(1)     In all cases of transfer and letting out of land, house or apartment written consent of the society shall be required.

(2)     A member of a housing co-operative society in whose favour a plot of land or a house or an apartment in a multistoried building has been allotted may transfer by way of sale or usufructuary Mortgage as defined in the Transfer of Property Act, 1882 (4 of 1882) such plot or house apartment, as the case may be, on one or more of the following grounds ?

(i)       that the member has been involved in debts and the transfer by way of sale or usufructuary mortgage is necessary to pay off his creditors;

(ii)      that the member is compelled to shift from the locality due to unavoidable circumstances beyond the control of the member;

(iii)    that the members is in urgent need of money to meet the expenses of marriage or of education of his son or daughter or that the member is in urgent need of money to meet urgent medical expenses of any of the members of his family or any person fully dependent on him;

 

(iv)    such other grounds analogous to those mentioned above as the ?Board? might consider reasonable and justifiable;

(v)     for obtaining written consent of the Housing Co-operative Society in terms of sub-section (3) of section 92, the member shall apply in duplicate to the Co-operative Society with credential of the transferee and with evidence of circumstances under which he/she is compelled to transfer the flat;

(vi)    the decision of the Housing Co-operative Society, on any application under clause (v) shall be communicated to the member within 30 (thirty) days from the date of receipt of the application. If the Housing Co-operative Society refuses to give its written consent to such application, it shall record the reasons for such refusal and communicate the same to the member within 15 (fifteen) days from taking such decision;

(vii)   where a housing cooperative society refuses or fails to give the written consent under clause (vi) and if the member intends to prefer an appeal to the Registrar against such refusal by or failure of the Housing Co-operative society, he may prefer such appeal within 30(thirty) days from the date of communication of the refusal or within 60 (sixty) days from the date of receipt of the application of the member by the Housing Co-operative society, but after expiry of 30 (thirty) days from the said date in the case of failure of the Housing Co-operative society to give such consent; and

(viii)  the Registrar shall, after hearing the applicant and hearing the co-operative society, dispose of the appeal within 30 (thirty) days from the date of preferring the appeal.

Rule - 139. Refund of deposits to a member or his nominee in the event of his resignation or expulsion or death

 

Deposits made by a member of a housing co-operative society towards cost of project shall, in the event of termination of his membership by resignation, expulsion, death or otherwise be refunded to him or his nominee or his legal heir, as the case may be, within six months from the date of such termination.

Rule - 140. Annual General Meeting of a Housing Co-operative Society

In the annual general meeting of a co-operative housing society held in terms of section 29, the board shall submit a comprehensive report in terms of section 90 of the Act.

Rule - 141. Jurisdiction of the West Bengal State Co-operative Housing Federation Limited.

 

(1)     The West Bengal State Co-operative Housing Federation Limited may, upon a scheme being drawn up by it duly approved by the Registrar at any time, undertake construction of houses anywhere within the State of West Bengal under its supervision and control, and simultaneously sponsor co-operative housing societies and transfer the houses to those societies on terms and conditions agreed upon by the sponsoring and the sponsored society.

(2)     In the case of a co-operative housing society sponsored by the West Bengal State Co- operative Housing Federation Limited the expression ?Chief Promoter? , wherever it occurs in these rules, shall mean the Chief Executive Officer of the said housing federation.

Rule - 142. Restriction on borrowing

Notwithstanding anything contained elsewhere in these rules, the West Bengal State co-operative Housing Federation Limited or any co-operative housing society may incur liabilities by way of loan from any other co-operative society, the Government or any other financing institution against adequate security irrespective of the amount of paid-up share capital and reserve fund separately invested outside the business of the society.

Rule - 143. Restriction on issue of loan

Notwithstanding anything contained elsewhere in these rules, the West Bengal State Co-operative Housing Federation Limited or any other co-operative housing society may grant loan to a member upto fifty times the amount of Share Capital paid-up by such member so, however, that the amount of loan to be granted to the member shall not exceed ninety per cent of value of the land acquired or taken possession of by such member or where possession of by such member or where building has been constructed or proposed to be constructed on such land, or both land and building.

Rule - 144. Valuation of land

(1)     The value of land for the purpose of clause (c) of section 72 shall be determined by the society ?

 

(a)     by arriving at an average sale value with reference to recorded sales of similar land in the locality within the last three years, or

 

(b)     if no such record of sale is available, by having the value of the land assessed by the Land Acquisition Collector within the local limits of whose jurisdiction the land is located.

 

(2)     The valuation of house or apartment shall be made by an empanelled valuer.

Rule - 145. Restriction on change in the scheme of the project and number of projects in a Housing Co-operative Society

 

(1)     No primary housing co-operative society shall undertake any housing project other than one decided upon in the promoters? meeting for the purpose of registration of the society without the approval of the general body and concurrence of the Registrar;

Provided that in the Calcutta Metropolitan Area; as defined in Calcutta Metropolitan Development Authority Act, 1972, no Primary co-operative housing society shall sponsor more than one housing project.

Explanation - ?Housing Project? means multistoried buildings or a cluster of houses in a compact area,

(2)     No primary co-operative housing society shall make any change in the project or the project site without the approval of the general body with 3/4th majority and prior approval of the Registrar.

Rule - 146.? Creation of second mortgage on a co-operative land, house or apartment in favour of the employer by a member employed in the public sector

 

Any member of a housing co-operative society, who is an employee of the central or the state government or any public undertaking or government sponsored institution, may on being formally allotted land, house or apartment by the society of which he is a member, obtain loan from his employer on such terms and conditions as may be imposed by the employer and such loan, either in lump or in suitable instalments, as the case may be, shall be paid to him or on his authority to the housing co-operative society of which he is a member or the West Bengal State Co-operative Housing Federation Limited as may be decided by the employer upon an agreement by the Loanee member to assign the right with the co-operative housing society upon a further agreement to pledge his gratuity or deposits or interest. He shall also be required to execute a second mortgage in favour of his employer after completion of the house or the apartment.

Rule - 147. Mode of communication by members to a Housing Co-operative Society in certain matters

 

(1)     When a member intends to vacate the possession of the plot, house or apartment he shall communicate such intention to the board in writing explaining the reasons thereof and intimating the period by which he intends to vacate.

(2)     Whenever a member intends to make any addition or alternation or repair of any house or apartment in his possession, he shall communicate such intention to the board in writing explaining the purpose of such addition or alternation or repair proposed and furnishing such information as may be necessary.

Rule - 148. Apportionment of cost of land, house or apartment in Housing Co-operative Society

 

(1)     The cost of any land (including its development cost) or the cost of any house or apartment on such land built by a housing co-operative society shall be apportioned in such manner as may be decided by the board.

(2)     The cost of maintenance, repair or replacement of common areas and facilities shall be apportioned according to carpet area :

Provided that where apportionment of cost according to carpet area is not considered, equitable the society may with the approval of the Registrar, realise the cost in such manner as it may consider fit.

Explanation : Common areas shall mean staircase, stair cover, stair room, lift or any other easement and its connected areas, lobby, open terrace, roof, external wall, lawn, garden, play ground, water tank, boundary wall, parapet, driveway, residual area of car parking, security room, generator room, fire fighting tank and similar other service areas as would be decided by the general body.

Explanation : Facility shall mean water supply arrangement, lighting arrangement in common areas, security arrangement, intercom arrangement, generator arrangement, fire fighting arrangement, lift service, roof treatment, safety tank treatment and similar other facilities as would be decided by the general body.

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Rule - 149. Entitlement by a member of a Housing Co-operative Society to title or interest in any land, house or apartment

 

A member of a housing cooperative society shall not be entitled to any title or interest in any land, house or apartment unless he has made full payment towards the cost of such land, house or apartment as may be finally apportioned by the society.

Rule - 150. Circumstances under which a member of a Housing Co-operative Society may reside outside the house or apartment allotted to him

 

A member of a housing co-operative society may under the following circumstances be allowed to reside outside the house or apartment allotted in his favour by a housing co- operative society:-

(a)     if the member is transferred by his employer to any other place:

(b)     if the member is under the conditions of his service compelled to stay outside such as in a government quarter;

(c)      if the member is compelled to reside elsewhere due to reasons of his business or avocations;

(d)     if the member is compelled to reside elsewhere under such other circumstances as the board may approve.

Rule - 151. Quarterly statement to be furnished

 

The statement to be furnished under sub-section (2) of section 91 shall be in Form XXIX.

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CHAPTER IX Co-operative Service Commission, Co-operative Registration Council and Co- operative Election Commission

Rule - 152. West Bengal Co-operative Service commission

(1)     The Chairman of the Co-operative Service commission appointed under section 94 shall be paid in respect of time spent on actual service, salary and allowances, last drawn by him where he is a retired officer and his usual salary and allowance where he is a serving officer :

Provided that if the person appointed as Chairman of the commission is in receipt of pension (Other than disability or wound pension), his salary shall be reduced by the amount of that pension and if he has, before such appointment received any such sum in lieu of a portion of the pension, his salary shall be reduced by the amount of that portion of the pension and the pension equivalent to gratuity.

(2)     A member of the Commission shall be paid salary of Rs.5000/- (Rupees five thousand ) per month provided under sub-section (3) of section 94.

(3)     The Commission shall have the following staff ?

(i)       One Secretary

(ii)      One Deputy Secretary in the rank of Deputy Registrar of Cooperative Societies.

(iii)    One Assistant Secretary in the rank of Assistant Registrar of Cooperative Societies.

(iv)    One Stenographer with knowledge in computer science.

(v)     One Typist with knowledge in computer science.

(vi)    Two Upper Division Assistants

(vii)   Two Lower Division Assistants

(viii)  Four Peons

Provided that the State Government shall have the power to increase or decrease the number of the officers and other employees of the Commission at any time in consultation with the Chairman of the Commission.

(4)     The salaries, allowances, retirement benefits and the terms and conditions of service (including conduct, discipline and control) of officers and other employees of the Commission shall be such as the officers and employees of the Public Service Commission, West Bengal, are entitled to. The expenses of the Commission including the expenses under sub rule (2) and (3) shall be defrayed out of the consolidated fund of the State.

(5)     The Commission shall hold meetings for the purpose of fixing general; or particular guidelines and Rules of business including Recruitment Rules for selection of persons for appointment in co-operative Societies for its smooth functioning. The Chairman shall preside over all such meetings to be convened by the Secretary.

(6)     (a) The Chairman or any member of the Commission, may by writing under his hand addressed to the Secretary, Department of Co-operation, Government of West Bengal resign his office.

(b) The Chairman of the Commission may be removed by the State Government in the manner provided for removal of the Chairman of the Public Service Commission, West Bengal.

(c) A Member of the Commission may be removed by the State Government if he fails to attend six consecutive meetings of the Commission including the Selection Committees.

(7)     No employee who has been appointed in a Co-operative Society on the recommendation of the Commission shall be dismissed from service without prior approval of the Commission. The Commission shall give its decision in this regard within two months from the date of receipt of any request in writing from the co-operative society for such approval.

(8)     Any appointment made by a Co-operative Society covered under the fifth schedule of this Act in violation of sub-section (5) of section 94 shall be void.

Rule - 153. Co-operative Registration Council

(1)     The Cooperative Registration Council referred to sub-section (1) of section 95 shall have a Secretary to be appointed by the State Government by Notification in the Official Gazette. Such Co-operative Registration Council (hereinafter referred to as the Council) shall discharge its functions in the following manner ?

(a)     On receipt of the memorandum sent by the Registrar under sub-section (8) of section 16 transferring therewith the papers pertaining to the registration proposal, the Secretary of the Council shall convene by a written notice meeting of the Council within ten days from the date of such receipt. Seven clear days? notice shall be given for such meeting. Alongwith such notice shall be sent a statement containing the following particulars ?

(i)       name of the proposed society and the proposed address thereof;

(ii)      area of membership of the society and its class;

(b)     grounds on which or reasons due to which the Registrar refused registration of the society under sub section (6) of section 16 or did not or could not dispose of the application within the period mentioned in sub-section ( 7 ) of section 16 Copies of such notices shall be sent to the applicant or the Chief Promoter affording him an opportunity of being heard before the Council.

(c)      Two members of the Council will form a quorum for holding its meeting. If the Chairman be absent the members present shall select one from amongst themselves to be the Chairman of the meeting.

(d)     The meeting of the Council shall examine the case and decide. The proceedings of such meeting including the decision shall be recorded in the minute book to be maintained by the Council for such purpose.

Provided that the Council shall have the right to call for any additional documents for ends of justice.

(e)     Where the Council decides that the proposed society shall not be registered, the Secretary of the Council shall communicate the decision to all concerned by registered post and return the relevant papers to the applicant or the Chief Promoter.

(f)      Where the Council decides that the proposed society should be registered, the Secretary of the Council shall send back the papers to the Registrar for registration of the society. The Secretary shall also communicate the fact to the applicant or the Chief Promoter.

Provided that the Registrar shall register the cooperative society within one month from the date of receipt of such papers.

(g)     Where the applicant or the Chief Promoter for registration of a Co-operative Society and its bye-laws wishes to appeal to the Council under Sub-section ( 7 ) of section 16 it shall prepare a memorandum of appeal which shall ?

(i)       be either typewritten or written legibly by hand;

(ii)      state the name and address of the appellant clearly;

 

(iii)    state the date and mode in which the application for registration was sent or submitted to the Registrar or the date of receipt of the order of refusal, as the case may be;

(iv)    state the name of the society and all particulars about it including address, area of membership and the object.

(2)     The Secretary shall maintain the following registers -

(i)       Register of references received from the Registrar under sub-section ( 8 ) of Section 16 in Form III.

(ii)      Register appeals received from applicants or Chief Promoters, as the case may be, under Sub-section (7) of Section 16 in form IV.

(iii)    Register of appeals presented under sub-section (7) of Section 16 in Form V.

(iv)    Register of miscellaneous letters received, in Form VI.

(v)     Minute book for the meetings of the Council.

Rule - 154. Co-operative Election Commission

(1)     The Co-operative Election commission shall hold meetings for the purpose of fixing general or particular guidelines and rules of business for holding of elections of all registered co-operative societies in West Bengal;

Provided that the Board of all registered cooperative societies shall furnish the commission such papers, information which the Commission may require from time to time.

(2)     The Co-operative Election commissioner appointed under section 96 shall be paid in respect of time spent on actual service, salary and allowances, last drawn by him where he is a retired officer and his usual salary and allowances where he is a serving officer, provided that if the person appointed as the Co-operative Election Commissioner is in receipt of pension (other than disability or wound pension), his salary shall be reduced by the amount of that pension and if he has, before such appointment received any sum in lieu of a portion of the pension, his salary shall be reduced by the amount of that portion of the pension, and the pension equivalent to gratuity.

(3)     The salaries, allowances, retirement benefits and the terms and conditions of service (including conduct, discipline and control) of officers and other employees of the Commission shall be such as that of the employees of the State Government. Such salaries, allowances etc. and expenses of the Commission shall be defrayed out of the consolidated fund of the State.

(4)     As provided under sub-section (7) of section 96, the Cooperative Election Commission shall have the following staff

 

(a)     One Secretary in the rank of Joint Registrar of Cooperative Societies;

(b)     One Deputy Secretary in the rank of Deputy Registrar of Cooperative Societies;

(c)      One Assistant Secretary in the rank of Assistant Registrar of Cooperative Societies;

(d)     One officer in the rank of Cooperative Development Officer;

(e)     One officer in the rank of Cooperative Inspector;

(f)      One Upper Division Assistant;

(h)     Two Lower Division Assistants with knowledge in computer science;

(i)       One Stenographer with knowledge in computer science;

(j)      One Typist with knowledge in computer science; and

(k)     Two peons:

Provided that the State Government shall have the power toincrease or decrease the number of the officers and other employees of the commission in consultation with the Chairman of the Commission and expenses of the commission shall be defrayed out of the Consolidated Fund of the State.

(5)     (a) The Zonal Joint Registrar or the Deputy Registrar and all officers of his office shall respectively be ex-officio Returning Officer and Assistant Returning Officer in the case of election of all Apex and Central Cooperative Societies.

(b) The range officer of the Directorate of Cooperation and all officers of his range shall respectively be ex-officio Returning Officer and Assistant Returning Officer in the case of election of all Primary Cooperative Societies. ( c) The Commission shall issue order appointing Returning Officer, Assistant Returning Officer and such other Polling Personnel as may be required to conduct election of cooperatives from the officers and employees of the Directorate of Cooperation.

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CHAPTER X Audit Inspection and Inquiry

Rule - 155. Preparation of Panel of Auditors

For preparation of panel of Auditors under section 97. the State Government or the Director of Co-operative Audit with the approval of the State Government shall invite application from amongst the eligible persons which shall include the members of the Institute of Cost and Works Accountant of India constituted under the Cost and Works Accountant Act 1959, and members of the Institute of Chartered Accountants of India both having Certificate of Practice issued by the respective Institutions. Such panel of auditors shall be prepared from the members of above named two Institutions by obtaining applications from them as provided under sub-section (1)(b) of section 97 through advertisement in at least one State level daily newspaper on such terms and conditions as may be decided by the State Government and upon receiving such applications, such panel shall be finalized by a Committee constituted by the State Government from time to time.

Rule - 155A. Audit under clause (b) of sub-section (1) of section 97 of the Act Audit under clause (b ) of sub-section (1) of section 97 of the Act shall include the following:-

 

(a)     examination of over due debts, if any;

(b)     verification of cash balance, securities and fund investment;

(c)      valuation of assets and liabilities of the cooperative and calculation of depreciation of assets;

(d)     verification of the balance at the credit of the depositors and creditors and the amount due from the debtors of the cooperative;

(e)     examination of the statements of accounts to be prepared by the cooperative society in Form XXX or in such other form as may be provided by any law;;

(f)      examination of the stocks and purchases and checking of the entries in the stock register, purchase register and godown register with challans, invoices and delivery orders etc.;

(g)     checking of the entry of the cash book with all vouchers and checking of the propriety of the vouchers;

(h)     verification of closing balance together with reconciliation between stock balance as per stock registers and figures found on physical verification;

(i)       ascertainment of overdue loans and overdue interest together with year wise classification of overdue loan at the end of the cooperative year;

(j)      examination of the provisions of overdue interest in suspense;

(l)       examination of the non-performing assets and year wise classification of the same;

(m)    examination of the provisions made in account in regard to the non- performing assets as per directive of the Reserve Bank of India;

(n)     examination of proper appropriation and investment of different statutory funds;

(o)     An examination of the monitory transactions including the propriety of the transactions; and

(p)     any other matter as the Director of Cooperative Audit may by order specify.

Rule - 155B. Annual Audit, Monthly Running Audit, Concurrent Audit, Re-Audit etc

An audit under clause (b) of sub-section (1) of section 97 of the Act, shall include annual audit, monthly running audit, concurrent audit, re-audit and other matters as decided by the State Government.

Rule -156. Audit Fees

 

(1)     A Co-operative Society shall pay audit fee calculated on the working capital on the last day of the co-operative year for which the audit fee will be due.

(2)     The fees for annual audit shall be calculated at the following rates, namely: -