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Multi-State Cooperative Societies Act, 1984


109. Power to make Rules.-

1.     The Central Government may, by notification, make rules to carry out the provisions of the Act.

2.     In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

              i.        the form to be used, the particulars to be given and the conditions to be complied with in the making of applications under section 6 for the registration of a multi-State cooperative society and the procedure in the matter of such applications.

             ii.        the number of the applicants and the manner in which the order of refusal to register a multi-State cooperative society and its bye-laws shall be communicated under sub-section (2) of section 7;

            iii.        the manner in which the order of refusal to register any amendment of the bye-laws shall be communicated under sub-section (4) of section 9 and section 18;

            iv.        the procedure and conditions for change in the extent of the liability of a multi-State cooperative society under section 13;

             v.        the matters in respect of which a multi-State cooperative society may make bye-laws and the procedure to be followed in making, altering and abrogating bye-laws under section 9 or section 18 and the conditions to be satisfied prior to such making, alteration or abrogation.

            vi.        the conditions to be complied with under section 19 by persons applying for admission as members, for the election and admission of members and the payment to be made and the interest to be acquired before the exercise of the right of membership;

           vii.        the number of individuals who may be admitted as members of the National Cooperative Union of India Limited, New Delhi as required by section 19 and their qualifications;

          viii.        the withdrawal and expulsion of members and the payments, if any, to be made to members who withdraw or are expelled and the liability of past members or the estates of deceased members;

            ix.        the votes of members, as required by section 22;

             x.        the maximum number of shares of a multi-State cooperative society which may subject to the provisions of section 24, be held by a member;

            xi.        the constitution and powers of a smaller body representing the general body under section 29.

           xii.        general meeting of the members under section 30, the period within which such meeting be called and the procedure at such meetings and the powers to be exercised by such meetings;

          xiii.        the proportion of individuals and multi-State cooperative societies in the constitution of the board of directors and the general body under section 32;

         xiv.        the election of members of the boards under section 35 and nomination of members to such boards under section 41, the appointment, or election of officers and the powers to be exercised and the duties to be performed by the boards and other officers;

          xv.        the restrictions and conditions subject to which honorarium may be paid under section 38 to the elected chairman or president of the board of directors for services rendered;

         xvi.        the additional measures and acts which may be taken or, as the case may be, done by the board under section 42;

        xvii.        the number of meetings of the board, the venue of such meetings and the number of committees or sub-committees for purposes of sections 43 and 46;

       xviii.        the appointment and regulation of work entrusted to persons replacing the board in pursuance of section 48;

         xix.        the constitution of a body of persons under section 50 for the preparation of a list of persons eligible for appointment to the posts of Chief Executive and other management posts in national cooperative societies and the amount of the maximum pay-scale applicable to such posts;

          xx.        the recruitment, remuneration, allowances and other conditions of service of officers and other employees of national cooperative societies under section 50;

         xxi.        prohibiting a multi-State cooperative society from electing a defaulting member, or a representative of defaulting member-society, on its board;

        xxii.        the returns to be submitted by a multi-State cooperative society to the Central Registrar, the persons by whom and the form in which such returns shall be submitted and in case of failure to submit any such returns, the levy of expenses of preparing it.

       xxiii.        the persons by whom and the form in which copies of entries in books of multi-State cooperative societies may be certified under section 56 and the charges to be levied for the supply of such copies;

       xxiv.        the terms and conditions on which the Central Government may make share capital contribution or give financial or other assistance to multi-State cooperative societies under section 59 and the terms and conditions on which the Central Government may guarantee the payment of the principal or interest on debentures issued by multi-State cooperative societies or loans or deposits raised by them;

        xxv.        the procedure to be followed in proceedings before the Central Registrar or other persons deciding disputes including the appointment of a guardian for a party to the dispute who is a minor or who, by reason of unsoundness of mind or mental infirmity, is incapable of protecting his interest, and the levy of expenses relating to such proceedings;

       xxvi.        The mode in which the value of a deceased member's share or interests shall be ascertained and the nomination of a person to whom such share or interest may be paid or transferred;

      xxvii.        the payments to be made and conditions to be complied with by members applying for loans, the period for which any loans may be made and the maximum amount which may be lent to any members;

     xxviii.        the formation and maintenance of reserve funds and other funds under section 61 and the objects to which such funds may be applied, and the investment of any funds under the control of a multi-State cooperative society under section 62;

       xxix.        the conditions under which profits may be distributed under section 61 to the members of a multi-State cooperative society and the maximum rate of dividend which may be paid by multi-State cooperative societies;

        xxx.        the prohibitions and restrictions subject to which multi-State cooperative societies may, under section 65, transact business with persons who are not members;

       xxxi.        the accounts and books to be kept by a multi-State cooperative society and the audit of such accounts and the charges, if any, to be made for such audit under section 67 and the periodical publication of a balance sheet showing the assets and liabilities of a multi-State cooperative society;

      xxxii.        the calculation and writing off of bad debts by multi State Cooperative societies;

     xxxiii.        the appointment of persons for settlement of disputes under section 76;

     xxxiv.        the procedure to be followed by a liquidator appointed under section 80 in respect of provisions of section 81.

      xxxv.        the manner in which the surplus assets may be divided amongst the members of the multi-State cooperative society under section 82;

     xxxvi.        the procedure for execution of decisions under section 85;

    xxxvii.        the procedure to be followed in presenting and disposing of appeals under section 90;

   xxxviii.        the issue and service of processes and for proof of service thereof;

     xxxix.        the manner of effecting attachment;

            xl.        the custody, preservation and sale of property under attachment;

           xli.        the investigation of claims by persons other than the defaulter to any right or interest in the attached property, and the postponement of sale pending such investigation;

          xlii.        the immediate sale of perishable articles;

         xliii.        the inspection of documents in the office of the Central Registrar or of any other officer or authority and the levy of fees for granting certified copies of the same;

        xliv.        the manner in which funds may be raised by multi-State cooperative society or a class of multi-State cooperative societies by means of shares or debentures or otherwise and the quantum of funds so raised;

         xlv.        the procedure under section 95 for reconstitution and reorganisation of societies which become multi-State cooperative societies consequent on reorganisation of a State;

        xlvi.        the method of communicating or publishing any decision or order required to be communicated or published under this Act or the rules;

       xlvii.        the manner and the periodicity or returns of pending cases of registration of multi-State cooperative societies and amendments of bye-laws to be sent by the Central Registrar to the Central Government;

      xlviii.        any other matter which is required to be, or may be prescribed.

3.     Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in sessions for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification to the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity or anything previously done under that rule.



Multi-State Cooperative Societies Act, 1984 Back




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