Login : Advocate | Client
Home Post Your Case My Account Law College Law Library

97. Rules.-

(1) The Lieutenant-Governor may, for any co-operative society or class of co-operative societies, make rules to carry out the purposes of this 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 maximum number of shares or portion of the capital of a co-operative society which may, subject to the provisions of section 6, be held by a member;

(ii) the form to be used and the conditions to be complied with in the making of applications for the registration of a society and the procedure in the matter of such applications;

(iii) the procedure and conditions for change in the form and extent of the liability of a co-operative society;

(iv) the matters in respect of which the society may or shall make bye-laws and for the procedure to be followed in making, altering and abrogating bye-laws and the conditions to be satisfied prior to such making, alteration or abrogation;

(v) the conditions to be complied with by persons applying for admission or admitted as members, for the election and admission of members, and for the payment to be made and the interest to be acquired before the exercise of the right of membership;

(vi) the manner in which funds may be raised by means of shares and debentures or otherwise;

(vii) for general meeting of the members and for the procedure at such meetings and the powers to be exercised by such meetings;

(viii) the prohibitions and restrictions subject to which societies may transact business with persons who are not members;

(ix) the proportion of individuals and societies in the constitution of the committee of management and the general body of a co-operative society of which another co-operative society is a member;

(x) the determination of co-operative societies or class of co-operative societies for the purpose of sub-section (1) of section 31, and subject to the provisions of the said section, the election and nomination of members of committees, the appointment or election of officers and the suspension and removal of the members and other officers, and for the powers to be exercised and the duties to be performed by the committees and other officers;

(xi) the area of agricultural land, the conditions required to be fulfilled for the purpose of sub-section (6) of section 31;

(xii) the appointment and regulation of work entrusted to person or persons replacing the committee in pursuance of section 32;

(xiii) prohibiting a co-operative society from electing a defaulting member on its committee or to be its representative;

(xiv) the accounts and books to be kept by a co-operative society and the audit of such accounts and the charges, if any, to be made for such audit, and for the periodical publication of a balance-sheet showing the assets and liabilities of a co-operative society;

(xv) the returns to be submitted by a co-operative society to the 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 for the levy of expenses of preparing it;

(xvi) the persons by whom and the form in which copies of the entries in books of societies may be certified and for the charges to be levied for the supply of such copies;

(xvii) the formation and maintenance of a register of members and where the liability of the members is limited by shares, of a register of shares;

(xviii) the appointment of an arbitrator to decide disputes;

(xix) the procedure to be followed in proceedings before the Registrar, arbitrator 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 interests, and the levy of the expenses relating to such proceeding;

(xx) the withdrawal and expulsion of members and for the payments, if any, to be made to members who withdraw or are expelled and for the liability of past members and of the estates of deceased members;

(xxi) the mode in which the value of a deceased member's share or interest shall be ascertained and for the nomination of a person to whom such share or interest may be paid or transferred;

(xxii) 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 may be lent, to any member;

(xxiii) the formation and maintenance of reserve funds and other funds and the objects to which such funds may be applied, and for the investment of any funds under the control of a co-operative society;

(xxiv) the extent to which a co-operative society may limit the number of its members;

(xxv) the conditions under which profits may be distributed to the members of a co-operative society with unlimited liability, and the maximum rate of dividend which may be paid by co-operative societies;

(xxvi) the calculation and writing off of bad debts by co-operative societies;

(xxvii) the procedure to be followed by a liquidator appointed under section 66 in respect of provisions of section 67;

(xxviii) the procedure to be followed in presenting and disposing of appeals under this Act;

(xxix) the form of orders referred to in sections 71 and 72;

(xxx) qualifications of the members of the Tribunal;

(xxxi) the issue and service of processes and for proof of service thereof;

(xxxii) the manner of effecting attachment;

(xxxiii) the custody, preservation and sale of property under attachment;

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

(xxxv) the immediate sale of perishable articles;

(xxxvi) the inspection of documents in the office of the Registrar or of any other officer or authority and the levy of fees for granting certified copies of the same;

(xxxvii) the terms and conditions on which the Central Government may make share-capital contribution or give assistance, financial or other, to societies and the terms and conditions on which the Central Government may guarantee the payment of the principal or interest on debentures issued by societies or loans raised by them;

(xxxviii) the manner in which funds may be raised by a society or a class of societies by means of shares or debentures of otherwise and the quantum of funds so raised;

(xxxix) for giving reasonable notice of the charge under sections 36 and 37;

(xl) qualifications, remuneration, allowances and recruitment and the conditions of service of officers and other employees of a society or class of societies;

(xli) the method of communicating or publishing any order, decision or award required to be communicated or published under this Act or the rules.

(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 session, 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 of anything previously done under that rule.

Delhi Co-Operative Societies Act, 1972 Back

Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys