1493
Panaji, 26th June, 2023 (Asadha 5, 1945)
SERIES I No. 12
Reg. No. RNP/GOA/32/2021-2023
RNI No. GOAENG/2002/6410
PUBLISHED BY AUTHORITY
Suggestions are welcomed on e-mail: dir–[email protected]
GOVERNMENT OF GOA
Department of Co-operation
Office of the Registrar of Co-operative Societies
––
Notification
60/169/GOI/MOC/TS-I/RCS/1199
In exercise of the powers vested in me
under sub-rule (2) of Rule 7 of the Goa Co-op.
Societies Rules, 2003, I Manuel Barreto,
Registrar of Co-operative Societies hereby
notify the byelaws appended to this
Notification as the Model Byelaws for the
co-operative societies to be registered under
section 8 of the Goa Co-operative Societies
Act, 2001 and to be classified under Rule 8 of
the aforesaid Rules as Primary Agricultural
Credit Societies (PACS). The proposed
co-operative societies intending to get
registered as PACS shall adopt these Model
Byelaws as their First Byelaws.
All the existing Primary Agricultural Credit
Societies (PACS)/Vividh Karyakari Seva
Saunstha (VKSS) shall within a period of six
months from the date of issue of this
Notification, amend their Byelaws to be in
conformity with these Model Byelaws and get
the same registered with the concerned
Registering Authority.
If any such society fails to bring its existing
Byelaws in conformity with these Model
Byelaws by carrying necessary amendments
within the aforesaid time frame, the
concerned Registering Authority shall initiate
action in terms of section 12 of the aforesaid
Act and register such amendment and issue
to the society a copy thereof certifying that
the Byelaws shall be deemed to have been
duly amended with effect from the date of
such registration and the same shall be
binding on the society and its members
subject to the appeal made to the Tribunal, if
any.
Issued under my hand and seal of this
office.
Manuel Barreto, Registrar of Co-op.
Societies.
Panaji, 26th June, 2023.
EXTRAORDINARY
No. 4
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CHAPTER-I
Identification of Co-operative Society
1.
NAME
:
____________ Primary Multipurpose Co-operative
Society Ltd.,
2.
ADDRESS
:
____________________________________________
(Registered and Postal
Address of the Society
____________________________________________
(Location of the Society)
____________________________________________
E-mail address
3.
AREA OF OPERATION
:
The following Revenue village(s)/Panchayat(s)
will be in the area of operation of the Society;
i)
ii)
iii)
iv)
4. Definitions.—
(1) “Act” means the State Co-operative Act i.e. the Goa Co-operative Societies Act, 2001;
(2) “Agriculture” means agriculture and allied activities;
(3) “Area of operation” means the Geographical area (Revenue village (s)/Panchayat(s))
from which the Society is authorized to draw its membership as specified in the Byelaws;
(4) “Board of Directors” means the board of Directors or the governing body of a society,
to which the direction and control of the management of the affairs of a society is entrusted
to;
(5) “Branches” means Branches of the Society;
(6) “Byelaws” means bye-laws prescribed under the Rules and registered under the Act
and include registered amendments of such bye-laws;
(7) “Chief Executive Officer” (CEO) means an individual, with whatever designation
called, who subject to the superintendence, control and direction of the board of directors,
has been entrusted with the management of the affairs of the society on full-time employed
basis;
(8) “Co-operative Tribunal” means the Co-operative Tribunal constituted under the Act;
(9) “Delegate” means a member nominated by the Society to represent its interests in
a federation or other organization;
(10) “Director” means a member of the Board of Directors duly elected or co-opted or
appointed or functional directors as provided under the Act and Rules;
(11) “Employee” means the persons appointed on paid basis by the Board of Directors
in order to run day-to-day operations of the Society;
(12) “Farmer” means a person actively engaged in the economic and/or livelihood activity
of growing crops and producing other primary agricultural commodities and shall include
poultry and livestock rearers, fishers, beekeepers, pastrolists, non-corporate planters as
well as persons engaged in various farming related occupations such as horticulture,
floriculture, sericulture, vermiculture, and agro-forestry. The term shall also include tribal
families/persons engaged in shifting cultivation and in the collection, use and sale of
timber and non-timber forest produce;
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(13) “Financing Bank” means a
cooperative bank, the objects of which
includes the creation of funds to be lent to
other co-operative societies;
(14) “Financial Year” means the period
commencing from the 1st day of April of
any year and ending with the 31st day of
March of succeeding year;
(15) “General Body” in relation to a
primary society, means all the members of
the primary society and in relation to a
federal society and apex society, means all
the member societies duly represented by
their delegates;
(16)
“Government”
means
the
Government of Goa;
(17) “Liability of a member” means, the
extent of liability of every member and is
limited to the Shares held by him towards
contribution in the capital of the Society;
(18) “Member” means an individual or
entities mentioned in the relevant
provisions of the Act and joining in the
application for the registration of a co-
operative society which is subsequently
registered, or duly admitted to membership
of a society after registration and includes
a joint member;
(19) “NABARD” means National Bank for
Agriculture and Rural Development
constituted by NABARD Act 1981;
(20) “Nominal Member” means a person
admitted to membership as such after
registration in accordance with the bye-
laws;
(21) “Office-bearer” means a President,
Vice-President,
Chairperson,
Vice-
Chairperson, Secretary, Treasurer, of a Co-
operative society and includes any other
person to be elected by the board of the
society;
(22) “Person” means any person as
mentioned under the relevant provisions
of the Act.
(23) “Chairman/Chairperson” means a
person elected in accordance with the
provisions of Act, Rules and Byelaws who
shall be responsible for the overall
development and progress of the Society
and its members, the implementation of the
policy decisions of the Committee and due
observance by the Society of the provisions
of the Act, Rules and Byelaws;
(24) “Functional Director” means a
person appointed or co-opted as Director
without voting right to the Board of
Directors of the Society by virtue of his
being an expert in the field of accounting,
finance, management, banking, Information
Technology, law, agriculture, cooperation,
cooperative management or any other
specialized field relating to the activities of
the Society, who is willing to guide and
advise in the affairs or business activities
of the Society;
(25) “RBI” means Reserve Bank of India
constituted by RBI Act 1934;
(26) “Registrar” means a person
appointed under the relevant provisions of
the Act and includes any other person on
whom all or any of the powers of the
Registrar under the Act are conferred;
(27) “Rules” means the Goa Co-operative
Societies Rules, 2003.
(28) “Seal” means the General Seal of
the Society with year of establishment;
(29) “Society” means a co-operative
society registered or deemed to be
registered under the Act;
(30) “Sub Committee” means the Sub
Committee constituted by the Board of
Directors as per Byelaws for the purpose
of special/particular assignment and for a
specific period by whatever name is called;
(31) “Vice Chairperson” means a person
elected in accordance with the provisions
of Act, Rules and Byelaws who shall act as
Chairperson in absence of the Chairperson
of the Society;
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CHAPTER-II
Objectives and Services
5. Objectives of the Society.—
The Objectives of the Society shall be:
(1)
To encourage thrift, self help & co-
-operative amongst its members.
(2)
To supply the quality of seeds to the
members of the society who are involve in
Agriculture and Horticulture activities etc.
(3)
To provide to its members timely and
adequate Short and Medium term credit for
development of backward and forward
activities related to agriculture and its
products, loan for vehicles for agricultural
purpose like tractors etc., loan for consumption
or medical purpose against collateral/
pledge financing like commodities/bonds/
/securities, et.,. while maintaining financial
norms (like credit worthiness and for
securing the given loan) in the area of
operation through share capital, deposits
and borrowings from any financial institutions
approved/supported by or State Government
and its organizations;
(4)
To provide long term loan as per the
scheme of the Financing Bank/Agriculture &
Rural Development Bank/District Central
Cooperative Bank/State Cooperative Bank/
Financing Institutions of State and Central
Government;
(5) To promote and develop backward
linkages (such as demonstration plots,
irrigation facilities, manure, fertilizers,
improved seeds/seed production, custom
hiring centre, farm machineries/implements,
insecticides, other inputs etc.); forward
linkages (such as collection, grading, cleaning,
packaging, branding and marketing, storage
[godown and cold storage], processing, value
chain [transport, logistics, refrigerated van,
etc.]), for the agriculture produce & its
products (such as field crops, fruits &
vegetables, floriculture, dairy activities,
fisheries/shrimp farming, poultry, bee-
keeping, sericulture, plantation, sheep, goat,
rabbits, piggery and any other land/sea based
agriculture related activities and their
processing), by way of technical and financial
support to its members in the area of operation
of the Society;
(6) To facilitate or make arrangements or to
collaborate
with
any
local
bodies/
Governments/Departments/Universities/
Societies/Companies for achieving its
objectives for the benefit of Society and its
members;
(7) To engage in service or business
operations (like infrastructure development,
community centre, hospital, education
institutions, procurement of food grains, Fair
Price Shop, or any Government scheme,
Dealership/agency/Distributorship or
supply of LPG/Petrol/Diesel/Green energy/
farm or house hold consumables and durables
farm machineries, training of members for skill
improvement, etc.) which may enhance the
facilities and income of Society or its members;
(8) To set up or arrange for Locker facilities
to its members;
(9) To collect socio-economic, financial and
business-related information of all members
and non-members in the area of operation
which may strengthen policy framework,
development of agriculture or related business
or developmental plan and is also beneficial
to all the stakeholders in the area of operation;
(10) To demonstrate, promote and develop
the latest technologies or extension activities
related to agriculture and its allied activities
for enhancing the income of the Society and
its members;
(11) To educate its members & their families
(particularly youth and women) and
Management and staff about Cooperative
Principles, values and actions which may
promote social harmony and economic
benefits for all the stakeholders in the area of
operation by way of organizing training,
exposure visits or capacity building
programmes;
(12)To act as an agent or Bank Mitra/
Business Correspondent/Business Facilitator
for the Financial/Banking Institutions;
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(13) To act as an agency for implementation
of social security scheme for its members and
to provide micro insurance/insurance;
(14) To focus on and encourage the inclusion
of youth and women in the cooperative based
activities in the area of operation;
(15) To provide community-based services
in the fields of education (school, college),
health
(hospital,
dispensary,
clinical
laboratory, ambulance service), tourism and
environmental and sustainable development
activities;
(16) To participate in Government Schemes
for providing services through Direct Benefit
Transfer (DBT) to beneficiaries in the area of
operation;
(17) To act as a source of information/data
centre to be used by the Government for
various purposes;
(18) To act as a Common Service Centre for
facilitating on-line/digital services in the area
of operation;
(19) To undertake marketing and similar
activities both inside and outside its area of
operation for the benefit of the members of the
Society.
(20) To own land, buildings, godowns,
processing units and other such necessary
assets;
(21) To make awareness among the farmers
about various schemes launched by
Government from time-to-time and to
encourage farmers to increase economic and
farming activities by way of Government Aid.
(22) To provide platform/facilities to the
members for export of their agriculture
produces & products.
(23) To undertake contract and community
farming;
(24) To undertake such other activities as are
conducive and incidental to the attainment of
the above objects and as approved by the
General Body for the benefit of the members
and Society.
6. Services of the Society.—
The services or business facilities in which
the Society can engage itself, keeping in view
the above objectives, are as follows:
(1) Any activity related to backward &
forward linkages of agricultural produce and
its products to support its members;
(2) Loan facilities as per agriculture
production and its processing activities,
household consumption-based requirement of
members subject to necessary regulatory
approval from the concerned authority;
(3) Any asset creation or arrangements or
setting up of subsidiaries which may be
beneficial to the Society and its members for
production, collection, processing and
marketing & export of its product;
(4) To engage in services or business
operations like supply of consumer durables,
etc;
(5) To research, promote, demonstrate
innovative technology and extension work
(including soil and agri-products testing) and
its allied activities;
(6) Awareness creation, capacity building
programmes, skill development, fairs and
exhibitions or any extension related works;
(7) Collaboration
with
Government
Departments/Universities/Startups/Industries
in public and private sector and its
associations/multilateral agencies with
necessary approval from the concerned
Government, which is beneficial to the Society
and its members;
(8) To provide services in online mode to
the extent possible. To maintain its own
website;
(9) Other business or financial support
necessary and required to fulfill the objectives.
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CHAPTER-III
Membership
7.
Membership.—
TYPES OF MEMBERSHIP: The Society shall
have two types of membership or types of
membership as provided by the Act/Rules.
“A”-CLASS MEMBERS: ‘A’ class members
are the shareholders of the Society who can
exercise all the membership rights as provided
in the Byelaws.
“B”-CLASS MEMBERS: ‘B’ class members
are nominal members of the Society.
(1) Eligibility for ‘A’ Class Membership:
The following persons, subject to fulfillment
of the eligibility condition, shall be A-Class
Members:
a) The promoters at the time of
registration of Society;
b) An Individual who,
i) is competent to contract under the
provision of section 11 of the Indian Contract
Act, 1872 (above 18 years of age, having a
sound mind and not debarred by any Law)
and resides in the area of operation of the
society.
ii) possesses agricultural land or land for
allied agricultural activities or rearing
domestic cattle in the area of operation of
the Society;
iii) is not a member of any other PACS in
any other Panchayat/Village;
(If there is no PACS in the Panchayat/
/Village, the members can avail benefits of
the nearby PACS after approval of the
Registrar)
c) A firm, company or any other body
corporate constituted under any Law for
time being in force, society registered under
Societies Registration Act, 1860, a
cooperative society registered under the
Act, a Public Trust registered under any Law
for time being in force for registration of such
Trusts and any Self Help Group formed by
women for mutual assistance.
d) State Government or any other
Government Body;
(2)
Eligibility and Other Conditions for ‘B’-
Class Membership:
a) A person who desires to have a
business relationship with Society shall be
admitted as nominal member by payment
of admission fee of Rs.10/- which is non-
refundable and shall be credited to Reserve
Fund of the Society.
b) Self Help Groups/Joint Liability
Groups/Farmers Interest Groups, Tenant
farmers, share croppers, oral lessees or
users of land, agricultural labourers, micro
entrepreneurs, rural artisans and persons
involved in other allied activities shall be
admitted as nominal members of the Society.
c) Any organization registered under any
Act in India (or abroad) shall be admitted
as nominal member for business purpose
only.
d) Nominal Members shall have no right
to attend any meeting, or to vote in the affairs
of the Society and will not be entitled for
dividend from the Society.
e) Nominal members cannot contest in
election for the member of the Board of
Directors in the Society.
f) A Nominal member who is indebted to
the Society either in his personal capacity
or as surety or guarantor shall continue to
be such member so long as the liability to
the Society has not been fully discharged.
g) No share certificate shall be issued to
nominal members but separate Register
shall be maintained in the Society, which
shall contain his signature and full address
as proof of his membership.
(3) Ineligibility or disqualification of
Members:
A person shall not be eligible for admission
or continuing as member of the Society, and
shall cease to be member, if he:
a) has been sentenced for an offence
involving moral turpitude, such sentence
not having been reversed;
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b) has been convicted for any other
offence by a Court of Law and sentenced to
imprisonment for three months or more
unless a period of 5 years has elapsed since
his release;
c) is adjudicated as bankrupt or insolvent;
d) has been expelled by the Society or by
any other Co-operative Society within a
period of 2 years from the date of such
expulsion;
e) he has been disqualified forever in
terms provisions of the Act;
f) has defaulted in payment of any dues
including contributions, subscriptions, if
any, as decided by the Board of Directors of
the Society from time to time and has not
made the payment within 30 days after
receiving the notice of payment;
g) is of unsound mind;
h) is in the business of providing loans;
i) is a member of another cooperative
Society which is providing similar services;
j) is a defaulter of any bank/financial
institution/Society;
k) has not availed for three years in the
preceding period of five years the service of
a society to a minimum criteria as specified
in the Act, Rules and/or bye-laws of the
society;
l) possesses any other disqualification as
per the provisions of the Act/Rules.
(4) Procedure for Membership:
a) Any person who is desirous of
becoming a member of the Society and is
eligible as per the Byelaws, may obtain an
application form at a prescribed fee and may
submit the duly filled application form to the
Chief Executive Officer (CEO) of the Society.
b) KYC is mandatory for adding new
members in the Society. Registration can
also be done online.
c) The CEO shall place the application
form before the Board of Directors for final
decision who shall decide within a
maximum period of three months from the
date of receipt of application.
d) Where a person is refused admission
as a member of a society, the decision, with
the reason therefore, shall be communicated
to that person within fifteen days of the date
of the decision, or within three months from
the date of the application for admission,
whichever is earlier.
e) The CEO shall inform the applicant of
the decision of the Board of Directors within
15 days of the Board meeting and if
admitted, ask him to deposit the admission
fee and share money along with necessary
documents as specified by the Board of
Directors, like identity residence/land
holding proof, resolution of informal group/
other cooperative Society etc. on submission
of which the applicant shall be admitted as
member of the Society.
f) Appeal against denial of membership
shall be filed within two months of the date
of communication of refusal or deemed
refusal before the Registrar and the decision
of the Registrar will be final.
g) Every individual shall subscribe at least
five shares (Rs. 100/- each share) amounting
to Rs. 500/- of the Society to become an A-
Class Member. The member shall also have
to pay an admission fee of Rs. 10/- at the
time of admission, which shall be non-
refundable.
h) The admitted members should be
educated about cooperative values,
principles, their rights and philosophy and
the services/facilities and benefits available
in the Society.
(5) Shares Subscription by the Members:
a) Maximum shareholding by a member
except Government shall be limited to 1/5th
of the total share capital of the Society.
b) Every Individual to whom shares are
allotted shall be entitled to receive share
certificate with distinct number specifying
therein number of shares allotted to him and
amount paid by him.
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c) Every share certificate shall be signed
by the Chairman and Chief Executive Officer
or any other officer authorized by the Board
of Directors of the Society.
d) The Society shall maintain a Register
of shares, in prescribed form showing
record of shares issued/transferred to its
members from time to time and amount of
share capital available of each member with
the Society.
e) The Society shall have the absolute
right to set off the linking share amount and
the dividend earned on it towards the
respective loans or any other dues
recoverable from the member. This doctrine
shall also apply to past members and the
deceased members.
f) The Society shall have the absolute right
to utilize the dividend earned for
strengthening the capital base of the Society.
g) The rate of dividend, to be declared by
the Society, shall be decided in the General
Body Meeting.
(6) Rights of Members:
1. ‘A’ Class Member: Every ‘A’ class member
shall have the following rights:
a) To attend, participate and vote in
General Body Meeting of the Society;
b) To receive a copy of the annual report
and accounts;
c) to elect Directors;
d) to contest as a Director in the Board, if
eligible, provided that he has been a
member of the Society for a minimum period
of as specified under the Act;
e) to avail all services/facilities or
infrastructural support rendered by the
Society;
f) to receive dividend as share in profit
earned by the Society on his subscribed
share capital provided that the dividend out
of Dairy and Fishery activities of the Society
shall be redistributed only to the cattle
holder and fishery holder members
respectively and all other dividend of the
Society shall be distributed to the farmer
members;
g) to take loan or avail facilities of the
Society, on such conditions as may be laid
by the Board of Directors or General Body
from time to time;
h) to inspect own accounts in the Society
free of cost and to obtain a copy of the same
by payment of a fee of Rs. 2/- per page;
i) to inspect annual reports, audited
statements of accounts, Audit report,
Inspection report and compliance report;
j) Every member shall be entitled to
inspect, free of cost, at the society’s office
during office hours, or at any time fixed for
the purpose by the society, the bye-laws, the
last three years audited annual financial
statements, audit report and audit
rectification report and those portions of the
minutes of general meetings and Board
meetings and books and records relevant
to his transactions with the society. The
society shall furnish to a member, on request
in writing and on payment of such fees as
may be specified in the bye-laws, a copy of
any of the documents mentioned in the
foregoing sub-section within one month
from the date of payment of such fees;
k) to get the copy up-to-date Byelaws of
the Society;
l) to inspect copies of any inquiry or
special audit report; and
m) to avail voting right in the Society,
subject to transacting the minimum
services as decided by the General Body of
the Society in accordance with the Act and
Rules.
2. “B” CLASS Members- Nominal Members:
Every nominal member shall have the following
rights:
a) To receive non-farm sector loan and
other non-credit facilities rendered by
Society on the terms and conditions decided
by the Society;
b) To provide facilities owned by them
which may be beneficial for Society and its
members on mutually decided terms and
conditions within or outside the area of the
operation of the Society.
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(7) Duties of Member:
a) Every applicant before being admitted to
the membership of the Society shall be bound
by the Byelaws of the Society, Acts and Rules.
b) A member who is already a member by
reason of having joined the application for
Registration is required to sign such
declaration within one month of the
Registration of the Society.
c) No member shall exercise any right of
membership until he has paid the admission
fee and the full value of shares subscribed by
him.
(8) Liability of Members:
The ‘A’ class members of the Society shall,
in the event of liquidation/dissolution, be
jointly and severally liable to contribute
towards deficit in the assets, limited to the
extent of share capital subscribed or paid by
him.
(9) Withdrawal of Membership and Share
Capital:
Membership can be withdrawn only after
adoption of resolution in a meeting of Board of
Directors. All such resolutions will be placed
before the General Body for information. If the
member has paid all the dues to the Society
and cleared liability as sureties, if any, in full,
he can withdraw his membership, provided
that a member is required to give three month
notice to the Board of Directors and give a
written request, explaining his reasons for
withdrawal.
Withdrawal/Cessation
of
membership does not absolve the member
from any financial or other liabilities he has as
a member.
(10) Expulsion of Member:
A society may, by resolution passed by a
majority of not less than three-fourths of the
members entitled to vote who are present at a
general meeting held for the purpose, expel a
member for acts which are detrimental to the
interest or proper working of the society:
Provided that, no such resolution shall be
valid, unless the member concerned is given
an opportunity of representing his case to the
general body. If the member is aggrieved by
the decision of the society expelling him from
its membership, he may appeal to the Registrar
within two months of the date of the
communication of such decision if:-
a) He has acted against the interest of the
Society; or
b) His continuance as a member is
detrimental or prejudicial to the functioning
of the Society;
No members of the society who has been
expelled from the society shall be eligible for
the re-admission as a member of that society,
for a period of one year from the date of such
expulsion.
Appeal against the expulsion can be filed
as per the provisions of the Act/Rules.
(11) Nomination by Member:
A member may nominate a person as
nominee, in whose favour the Society shall
dispose of the share or interest of such member
in the event of his death. In case no nominee
is designated, nominee will be as per extant
succession law.
CHAPTER -IV
Capital and Funds
8. Funds and Resources:—
The Society shall ordinarily obtain funds
from the following sources:
1.
Admission/Entrance fee
2.
Share Capital
3.
Borrowings
4.
Deposits
5.
Reserve and Surplus
6.
Grants and subsidies
7.
Donations
8.
Income from business activities
(i) Admission/Entrance Fee.—
The Society shall collect admission/
entrance fee of Rs. 10/- from both ‘A’ class and
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‘B’ class members. The admission fee is non-
refundable.
(ii) Share Capital.—
a) The authorized share capital of the
Society shall be Rs.___________ consisting
of _________ shares of Rs.______ each.
b) Each share shall be valued at Rs.100.
The total value of shares shall be paid in
lump sum on its allotment to the members.
c) The dividend on share capital held by
the members shall be distributed to them
as decided in the General Body subject to
maximum ceiling prescribed in the Act.
d) A member may withdraw his share
capital only on withdrawal of membership
from the Society. In the event of his death,
the share capital amount shall be given to
his nominee after settling dues to the Society,
if any, provided that where the nominee
applies for membership, and upon his/her
admission, such amount shall be transferred
to the share capital account of the nominee
in accordance with procedure laid down by
the Board of Directors in this regard.
e) The maximum dividend payable on
shares in any year shall not exceed the limit
as specified in the Act.
(iii) Borrowings and Maximun Borrowing
Power of Society.—
The Society should borrow funds from Apex
Cooperative Bank and other banks and also
from its members by way of Deposits. The
maximum outstanding borrowings and
deposits shall not at any time exceed 10 times
of the sum of paid up share capital, reserve
fund, building fund and accumulated profit
less accumulated loss, if any, of the society or
such a limit as may be prescribed in the Act:
Provided that, with prior written approval
of the Registrar, the society may enhance the
limit of borrowings upto twenty-five times of
it’s paid-up share capital, reserve fund,
building fund and accumulated profit less
accumulated loss, if any or such a limit as may
be prescribed in the Act.
(iv) Deposits.—
The Society shall accept deposit from its
members only and interest rate of deposits
shall not be more than 2% over the
corresponding deposit interest rate of Apex
Bank. The Society shall formulate separate
Deposit Rules and schemes with approval of
the Board of Directors.
(v) Loans and Advances.—
The applications for loans shall be placed
before the Board of Directors for sanction. The
Society shall frame separate loan policy/rules
for different types of loans, rate of interest to
be charged, requisite security/collateral and
other terms and conditions which shall be
approved by the Board of Directors. Any
rejection of loan would be communicated to
individual member within a period 60 days
from date of such rejection. All matters of
rejection shall also be placed before the
General Body for information.
(vi) Reserve and Surplus.—
The Society shall appropriate its net surplus
in accordance with the provisions of the Act.
However, the Society can utilize upto 25% of
its reserves and surplus in the business with
the approval of the General Body and prior
permission of the Registrar.
(vii) Grants and Subsidies.—
The Society can receive grants and subsidies
from Government and other agencies.
(viii) Donation.—
The Society can receive donation from its
members/Government and other agency for
specific purposes.
CHAPTER V
Management of Society
9. General Body.—
(1) Subject to provisions of the Act & Rules,
the final authority in the Society shall vest in
the General Body. The General Body of the
Society shall consist of the following:
a) All ‘A’ class members/shareholders of
the Society;
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b) Nominees of State Government;
(2) Without prejudice to the other provisions
of the Byelaws, the General Body shall have
the following powers and duties:-
a) Election and removal of the Director/s
and/or Board of Directors in accordance
with the procedures laid down in the Act,
Rules and Byelaws and guidelines/
directions issued by Registrar from time to
time;
b) Consideration of the annual report of
the Society, prepared and presented by the
Board;
c) Consideration of statutory audit report
and compliance thereof and audited
statement of accounts;
d) Approval of Annual budget;
e) Appointment of statutory auditor as per
the provisions of the Act.
f) Consideration of report of Inspection
and Enquiry, made in accordance with
provisions of Act, Rules and Byelaws, if any;
g) Consideration of matter relating to
loans and advances given to the Directors
and their relatives and action to be taken
for recovery thereof incase of default;
h) Appropriation of net surplus;
i) Creation of specific reserve and other
funds and reviewing the actual deployment
of other funds;
j) Amendment of Byelaws, if any;
k) Expulsion of member, if any;
l) Approval of long-term perspective plan
and annual operational plan;
m) Transaction of any other business with
the permission of the Chairman/Chairperson
of the General Body Meeting.
(3) The General Body shall meet from time
to time for transaction of business and such
meetings shall be called the General Body
Meetings and shall be of three kinds.
a) Annual General Body Meeting
The Annual General Body meeting shall
be held within 6 months of closure of the
financial year.
b) Special General Body Meeting
A Special General Body meeting may be
called at any time in accordance with the
provisions of the Act and Rules.
(4) The General Body Meeting may be called
by the Board or by Chief Executive Officer of
the Society under the directions of the Board.
(5) At least 14 clear days’ notice in case of
Annual General Body Meeting and 7 clear
days’ notice in case of Special General Body
Meeting shall be given to all members
specifying the date, place, time and agenda of
General Body Meeting. The notice of a General
Body Meeting may be given in one or more of
the following modes:
a) Affixing a copy of the notice at the
Society’s office or at some conspicuous place
in the area of operation of the Society;
b) Circulation of the notice book and getting
signatures of members on it;
c) Post;
d) Publishing in any local/daily news paper
having vide circulation and advertisements
through such other electronic means having
wide popularity in public.
(6) The quorum for the General Body
Meeting shall be one-fourth of the total
number of the members or 50 members,
whichever is less, or as provided under the
Act & Rules.
If
the
General
body
(other
than
requisitioned) cannot be held for want of
quorum, it shall be adjourned to a later time
on the same day as many have been specified
in the notice calling the meeting or to a
subsequent date not earlier than seven days
but not later than 30 days and at such
adjourned meeting the business on the agenda
of the original meeting shall be transacted
whether there is quorum or not.
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(7) If the meeting has been called on the
requisition of the members and the quorum is
not complete, the meeting shall be adjourned
and no further General Body Meeting shall be
convened on the strength of that requisition.
(8) The Chairman/Chairperson or in his
absence the Vice Chairman / Vice Chairperson
shall preside over meetings of the General
Body. When both of them are absent, the
members present shall elect a President for the
meeting.
(9) Every member of the General Body shall
have one vote. Voting by proxies shall not be
allowed at the General Body. All questions
shall be decided by the majority of votes of the
members present and voting. When the votes
are equal, the Chairman of the General Body
shall have additional casting vote.
(10) All business discussed or decided at a
General Body Meeting shall be recorded in the
minute book and shall be signed by the
President of the meeting and CEO/Secretary
of the Society.
9.
Board of Director.—
(1) There shall be a Board of Directors of the
Society to manage its affairs and it shall be
constituted by election from amongst members
of the Society or as laid down in the Co-
operative Act and Rules of the State. There
shall be minimum 5/7/9/11/13/15/17/19/21
members in the Board of Directors (strike out
whichever is not applicable).
(2) No person shall be eligible for election
as a member of the Board of Directors of the
Society if he:
(a) Is below 21 years of age; or
(b) Does not fulfill the eligibility criteria
prescribed under the Act.
(c) Is a paid employee of the Society; or
(d) Is convicted of any offence involving
dishonesty or moral turpitude; or
(e) Has applied for insolvency or is
declared insolvent; or
(f) Is of unsound mind; or
(g) Is in default of the payment of any dues
to any Society; or
(h) Holds an office of profit under the
Society; or
(i) Is in arrears of shares; or
(j) Is indebted to Society beyond his
maximum credit limit; or
(k) Has not been a voting member of the
Society for atleast three years immediately
preceding the date of election; or
(l) Has at anytime lost the right to vote as
a member or to continue as member as
specified in the Byelaws; or
(m)
Has
incurred
any
other
disqualification for being or continuing as a
Director as specified in the Act, Rules and
Byelaws.
(3) Reservation shall be provided for 2
women and 1 Scheduled Castes or Scheduled
Tribes member in the Board as provided under
the Act.
(4) The term of office of the Board of Directors
and its office bearers shall be 5 years from the
date of election.
(5) The Board shall take necessary steps as
per the provisions of the Act and Rules to
conduct election before expiry of the 5 year
term.
(6) At least seven clear days’ notice is
required for convening the Board of Directors
meetings.
(7) The Society shall conduct elections to the
Board of Directors in accordance with the
provisions of the Act and Rules.
(8) The Board shall meet atleast once in
three months for monitoring the transaction
of business of the Society.
(9) A Board meeting shall also be convened
on the requisition of a majority of Board
members within 7 days of the receipt of such
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a requisition. The requisition shall be
addressed to the Chief Executive Officer/
Secretary and shall state the need for the
meeting and the proposed agenda.
(10) The Board of Directors may decide to
induct/co-opt maximum upto 2 Functional
Directors having experience and expertise in
the field of Agriculture and allied activities,
Food Technology, Banking, Co-operation,
Management, Legal, Information Technology,
etc. in the Board for proper guidance and
advice. The Functional Directors shall be
members of the Board and such members shall
be excluded for the purpose of counting the
total number of Directors specified in the Act.
The Functional Directors shall have no voting
right.
(11) In addition to disqualification as per the
provisions of the Acts and Rules, a member of
the Board shall be disqualified or cease to hold
office if he;
a) ceases to be a share-holder of the
Society; or
b) has applied for insolvency or is
declared insolvent; or
c) is convicted of any offence for
dishonesty or moral turpitude; or
d) holds any office or place of profit under
the Society or receives any honorarium; or
e) resigns and his resignation is accepted
by the Board; or
f) absents himself from three consecutive
meetings of the Board of Directors without
permission of the Board; or
g) defaults in the payment of any dues to
any Society; or
h) becomes a paid employee of the
Society or Financing Bank or Government
or any local body; or
i) fails to pay any arrear of shares; or
j) incurs debt from the Society in excess
or beyond his maximum credit limit; or
k) is presently engaged directly or
indirectly in any private business, trade or
profession of any description which is similar
to the business carried on by the Society; or
l) has been penalized for offences under
the Act & Rules; or
m) has lost the right to vote as member
under the Act/Rules/Byelaws; or
n) has at any time been expelled from
Society or any other Society within two
years.
(12) A Director of the Board shall also cease
to hold office or become ineligible to contest
for election or co-option as a Director of the
Board if, on an enquiry and Certification by
the Registrar as per the Act, he is found:-
a) guilty of misuse of his position or
property of the Society for his personal gain
or guilty for misappropriation and/or
mismanagement of the society’s funds;
b) responsible for making any appointment
to any post in the Society in contravention
of the relevant service Rules and
regulations;
c) responsible for willfully or knowingly
sanctioning benami/bogus loans.
(13) The office bearers i.e. Chairman/
/Chairperson/Vice Chairman/Vice Chairperson/
/Secretary/Treasurer, as the case may be, shall
be elected as per the provisions of the Act and
Rules.
(14) The quorum of the Board meeting shall
be maintained by attendance of minimum 51%
of total number of members of the Board.
Chairman/Chairperson or the Vice Chairman
/Vice Chairperson or in his absence a member
elected by those present in meeting shall
preside over the Board Meeting. Unless
otherwise provided by these Byelaws, all
matters shall be decided by a simple majority
of votes in the Board meeting. Each member
shall have one vote. In case of equality of votes,
the Chairman/Chairperson shall have
additional casting vote.
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(15) The Board shall exercise all the powers
and discharge all the duties of the Society
subject to superintendence and control of
General Body, except those specifically
reserved for General Body subject to any
regulations or restrictions duly laid down by
the Society in General Body Meeting or in the
Byelaws. In particular, the Board of Directors
shall have the following powers and duties:
i) to act, in all their transactions as per
the relevant provisions under the Act/Rules/
/Byelaws;
ii) to maintain true and accurate accounts
in respect of all money received and
expenditure made and all stock bought and
sold by the Society;
iii) to prepare a true account of the assets
and liabilities of the Society;
iv) to prepare an annual report on
working of the Society, an annual statement
of accounts including Balance Sheet, profit
and loss account and trading account for
submission to the Annual General Body
Meeting;
v) to prepare statement of accounts
required for Audit and to place those along
with relevant vouchers and other related
papers before the Auditor;
vi) to examine the accounts, sanction
contingent expenditure and ensure
maintenance of the prescribed registers;
vii) to consider the Inspection Report of
the Registrar and the Financing Bank and
take necessary action and ensure
submission of compliance report to the
relevant Authority;
viii) to admit new members and allot
shares;
ix) to give directions to the Chief
Executive Officer/Secretary to convene
General Body Meetings in accordance with
the Byelaws;
x) to fix the maximum borrowing power
of Society in consistence with these
Byelaws/Rules/Act;
xi) to fix the maximum credit limit for each
member provided that such limit shall not
be more than that laid down by the
Registrar from time to time;
xii) to contract loans subject to any
restriction imposed by the General Body;
xiii) to sanction and advance loans to
members according to terms and conditions
as laid down by the General Body from time
to time and to arrange and ensure timely
recovery of loans and interest from the
members;
xiv) to accept deposits on such terms and
conditions as laid down by the General Body
from time to time and to arrange for the
repayments thereof;
xv) to decide the terms of the purchase
and sale of agricultural implements, seeds,
manure, household requirements and other
requirements connected with agricultural
production and to arrange the sale,
marketing and storage of agricultural
produce of its members;
xvi) to monitor that loans are applied for
the purpose for which they are sanctioned;
xvii) to assist in the inspections of the
Books and Accounts and audit by any
person authorized to do so;
xviii) to create and appoint, from time to
time, different categories of employees to
assist the Society in performance of its duties
and discharge of its functions. The
qualification and condition of service of
Officers and other employees shall be
decided as per Human Resources Policy or
Service Rules of the Society as approved by
the Board of Directors;
xix) to engage skilled manpower/
/consultants on hire basis;
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xx) to frame subsidiary rules for the
conduct of the business of the Society
consistent with the Byelaws like Loan
Policy, Deposit Policy, Staff Service Rules,
etc.;
xxi) to take disciplinary action against
employees in accordance with the Service
Rules framed and approved by the Registrar
from time to time. An employee aggrieved
by such action shall have the right to appeal
within 20 days of the communication of such
order to the Appropriate Authority;
xxii) to ask the employees to furnish
securities as may be prescribed from time
to time by the Registrar and also to arrange
verification and safe custody of the security
deeds;
xxiii) to authorize any member, or officer
or employee of the Society or any other
person specially authorized, to institute,
conduct, defend, compromise, refer to
arbitration or abandon legal proceeding by
or against the Society or Board or officer or
employees concerning the affairs of the
Society;
xxiv) to acquire on behalf of the Society,
shares in other Co-operative societies;
xxv) to arrange for the safe custody of
books and record, cash, equipment, goods
and stocks of the Society and to fix specific
responsibilities of the employees in this
behalf;
xxvi) to decide the terms on which farm
machinery, etc. maintained for common use
is to be provided to the members for custom
hiring services;
xxvii) to accept the resignation of the
Board members and incase of acceptance
to arrange to fill the resultant vacancy
through co-option or election for the
remaining period of its term in accordance
with the procedure laid down in the Act,
Rules and Byelaws;
xxviii) to invest the surplus funds of the
Society in accordance with the Act and
Rules framed there under;
xxix) to purchase, sell, hire or otherwise
acquire or dispose of property on behalf of
the Society;
xxx) To nominate delegates to represent
the
Society
in
other
forums
and
organizations;
xxxi) to carry on the business of the
Society as decided and entrusted by the
General Body of Society.
(16) The Board of Directors may constitute
sub-committees such as Village Committee,
Finance and Audit Committee, Recruitment/
Selection/Appointment Committee, Youth/
Women Committee, Business/Trade Promotion
and Entrepreneurship/Industrialization
Committee, Sustainable/Community Development
Committee, etc., as per the business activities
and requirement of the Society and also
determine their powers and functions. The fee
and allowances to be paid to the members of
the committee shall be such as may be
determined by the Board. All the decisions/
resolutions taken in the sub-committee are
suggestive/recommendatory in nature and
will only be acted upon after approval in the
Board of Directors Meeting.
(17) In the conduct of the affairs of the
Society, the Board of Directors shall exercise
prudence and due diligence and shall be
responsible for any loss sustained through acts
contrary to the Act/Rules/Byelaws and the
stated objectives of the Society.
(18) All business discussed or decided at a
meeting of the Board of Directors shall be
recorded in a minute book which shall be
signed by the Chairman of the meeting,
members of the Board present and the CEO
within the time frame given in the Act/Rules/
Byelaws.
(19) The services of the Board shall be
honorary or gratuitous. The Directors shall be
paid such sitting fee, DA or T.A., as may be
decided upon by the Board and approved in
the General Body of the Society.
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10. Chairman/Chairperson
and
his
powers.—
(1) The Chairman/Chairperson shall be
elected from amongst the elected/appointed
members of Board of Directors in terms of Act
and Rules.
(2)
He/she shall exercise general control
and supervision over the administration,
business, and functions of the Society on behalf
of the Board.
(3) He/she shall exercise the powers
delegated to him/her by the Board and may,
subject to approval of the Board or in an
emergency, delegate any of his powers and
duties to the Vice Chairman/Chairperson or in
his absence, to any Director for specified
period and may withdraw any powers so
delegated.
(4) He/she shall have power to call for any
record of the Society or any report from CEO
to satisfy himself that the affairs of the Society
are being managed in accordance with the
provisions of the Act and Rules.
(5) He/she shall not act in contravention of
any order given or decision taken by the Board
in its meeting.
(6) He/she shall preside over the meetings
of the General Body and the Board of Directors.
The Chairman/Chairperson shall exercise his
casting vote only when there is an equality of
votes.
11. Chief Executive Officer/Secretary-Duties
and Responsibility.—
(1) The Chief Executive Officer, by whatever
name may be called, shall be appointed by the
Board of Directors to look after day-to-day
affairs and administration of the Society as per
the Act/Rules/Byelaws. He should possess the
necessary educational qualification, experience
and training as decided in the Staff Service
Rules of Society by the Board of Director.
(2) The Chief Executive Officer shall
discharge
the
following
duties
and
responsibilities:
a) To convene, as per direction of the
Board, General Body and Board of Directors
meeting in time;
b) To remain present in all meetings of
Board and General Body and produce all
relevant papers, document required at such
meetings and sign along with the President,
the minutes of such meetings;
c) To record the proceedings in the
minute book and make all entries transacted
in the meetings;
d) To make payment and receive all
money on behalf of the Society and issue
receipt as per the direction of the Board;
e) To maintain and keep all books of
accounts and registers in accordance with
rules;
f) To operate Bank Account subject to
such conditions as the Board may direct;
g) To prepare statement of demand,
collection balance regarding loans and
advances;
h) To prepare receipts, vouchers etc. for
the financial transactions of the Society;
i) To correspond on behalf of the Society
and supply necessary information to
members;
j) To maintain control over the
subordinate staff of the Society;
k) To sign cheques and documents
alongwith President in accordance with
provisions of the Byelaws;
l) To spend money for the Society in
accordance with the sanction limit provided
by the Board;
m) To act as per the directions of the
Board;
n) To ensure that the cash balance in the
Head Office and Branches are kept in the
safe with double lock system;
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o) To keep records of movable goods for
trading, implements, and products under his
custody or other Officer’s custody as
nominated by the Board of Directors;
p) To enter into any agreement for the
Society with the permission of the Board;
q) To execute equitable mortgage/
/English mortgage with the loanees and
release it after closing the loans;
r) To perform/execute any job or
assignment as per the direction of the Board
as may be specified in the bye-laws or the
Service Rules, as the case may be;
s) To run day-to-day operation.
CHAPTER-VI
Internal Control
12. Maintenance of Books and Accounts and
Registers.—
(1) The following registers and books shall
be maintained by the Society:
A) Books related to financial statements
a) Cash book
b) Bank book
c) Day book
d) General ledger
e) Subsidiary ledger
f) Share capital ledger
g) Deposit ledger – Saving Bank,
Fixed Deposits, Recurring Deposits,
Reinvestment Deposits, Pigmy Deposit
h) Borrowing ledger–Short Term,
Medium Term
i) Member loan ledger–Short Term,
Medium Term (Agriculture and Non-
-farm)
j) Sundry creditor ledger
k) Furniture, fixture and office
equipment register
l) Land and building register
m) Depreciation chart register
n) Stock register
o) Purchase register
p) Sales register
q) Safe deposit locker operation
register
r) Gold loan ledger
s) Sundry Debtors ledger
t) Suspense asset ledger
u) Suspense liability ledger
v) Dividend register
w) Individual Deposit Ledger
x) Individual Loan Ledger
y) Individual Creditors Ledger
z) Individual Debtors Ledger
B) Books not related to Financial
Statement
a) Copy of the Society Byelaws
b) Act and Rules of the State with up-
to-date amendments incorporated
c) Copies of other laws and regulations
of the business undertaken by Society
d) Membership register in form
prescribed under the Act/Rules
e) Uptodate register and list of all
members with voting right for the
current year prepared within 30 days of
closure of financial year
f) Register showing memberwise
patronage of various services provided
by the Society
g) Minute books (AGM/SGM/Board
meetings)
h) Account opened and closed register
i) Due debt register for maturity of term
deposits
j) Monthly interest payment register
k) Insurance policy and renewal
register
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l) Gold stock register
m) Register for acknowledgement of
debt
n) Balancing register
o) Inoperative deposit account register
p) Borrowing due date register
q) Investment and maturity register
r) Pledged stock register
s) Suits filed register
t) Bank register
u) Overdue/NPA register
v) Copies of the audit report, inquiry
report or inspection report and
compliance thereon
w) Members Land record register
x) Staff attendance register
y) Staff service rules
(2) The books, records and registers of the
Society shall be kept in the custody of the
Chief Executive Officer/Secretary or such
other Officer as the Board may authorize in
the absence of CEO.
(3) In the absence of CEO, the Board shall
specify the officer of the Society who shall:
a) Maintain books of accounts;
b) Keep custody of cash and stores;
c) Keep other books and registers; and
d) Prepare returns and financial
statement;
Provided that a person assigned with
keeping of accounts shall not be incharge
of cash.
(4) The books and accounts and other
records shall be open for perusal by any
members of Board of Directors during
business hours of Society.
(5) Copies of the Act & Rules of the State,
the Byelaws, minute book pertaining to
general body meeting, report and compliance
thereon of Audit, Inquiry or Inspection, voter
list shall be made available to any member
during business hours at a fee to be decided
by the Board of Directors in terms of the
relevant provisions of the Act.
(6) The Society shall maintain such
accounts and other matters related to
accounts in such form and manner as may
be directed by the authority competent to do
so under the Cooperative Societies Act/Rules.
(7) The Society shall prepare and submit
such returns and statements as are
mandatory as per the Act and as the
concerned Authority may require from time
to time.
(8) The Society shall use the Common
Accounting System as is being implemented
through computerization of PACS project,
designed by NABARD.
13. Audit of the Society.—
(1) The Books of accounts and records of
the Society shall be audited in terms of
relevant provisions of the Act and by the
Auditor appointed for the purpose by the
General Body of Society from panel of
Auditors constituted by the Registrar.
(2) During every Annual General Body
Meeting, the society shall appoint the
statutory auditor to cause the audit of the
succeeding year.
(3) The Society shall prepare the statement
of account required for audit and place the
same before the Auditor or Audit firm as the
case may be, after signing the Balance sheet
and Profit & Loss Account by President and
the Chief Executive Officer of the Society
within 45 days of the close of each year in
order to facilitate complete audit. The Auditor
shall complete the audit within 6 months of
close of financial year and audit report shall
be submitted to the Registrar so as to enable
the General Body of the society to approve
the same or otherwise as per the statutory
mandate.
(4) The Board of Directors or Registrar may
appoint a Special Auditor/Internal Auditor
based on the turnover or volume of business
of the Society. The Internal Auditor may be
from amongst staff or may be outsourced for
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regular internal control and monitoring of
funds and accounts management of the
Society.
(5) The Society shall pay such audit fee as
may be assessed from time to time by the
Authority competent to do so.
CHAPTER-VII
Change of Structure of Society
14. Change of Liability, Transfer of Assets
and Liabilities, Division, Amalgamation.—
(1) The Society may, by a resolution in
its General Body,
a) decide to amend its Byelaws to
change the form or the extent of its
liability;
b) decide to transfer its assets and
liabilities, in whole or in part, to any
other co-operative Society which agrees
to such transfer by a resolution of its
General Body;
c) divide itself into two or more co-
operative societies;
d) merge itself with other similar co-
-operative Society.
(2) Any two or more Societies may, by a
resolution of their respective general bodies,
decide to amalgamate themselves and form
a new Society.
(3) Every resolution of the Society except
for expulsion of a member from the Society
shall be passed at its General Body Meeting
by 2/3rd of members present and voting and
such resolution shall contain all particulars
of the liability, transfer, division, and
amalgamation as the case may be.
(4) The Society shall give notice in writing
together with a copy of the resolution to all
its members and federations to which it is
affiliated, and creditors who may give their
consent. Notwithstanding any byelaw or
contract to the contrary, any member,
federation, or creditor not consenting to the
resolution shall, during a period of one month
from the date of service of the notice have
the option of withdrawing their shares,
deposits, loans or services, as the case may
be.
(5) Any member, federation, or creditor who
or which does not exercise within the
specified period the right under the Act shall
be deemed to have consented to the
resolution.
(6) A resolution passed by the Society shall
not take effect until,
a) (i) The members, federations, and
creditors have consented or are deemed
to have consented to the resolution under
the Act and Rules, or
(ii) All claims of the members,
federations, and creditors who have
exercised the option referred to under the
Act or Rules within the period specified
therein have been met in full or otherwise
satisfied; and
b) (i) In the case of change of liability,
amendment of the Byelaws of the Society
concerned is registered or is deemed to
have been registered; or
(ii) In the case of division or
amalgamation, certificate of registration of
the Society or Societies is issued by the
Registrar of Co-operative Societies.
(7) When a resolution passed by the Society
takes effect, the resolution shall be a sufficient
conveyance to vest the assets and liabilities
in the transferee.
(8) The registration of the Society shall
stand cancelled and the Society shall be
deemed to have been dissolved and shall
cease to exist:
a) When the whole of the assets and
liabilities of such Society are transferred to
another Society; or
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b) When such Society divides itself into
two or more Societies.
(9) Where two or more Societies are
amalgamated to form a new Society, the
registration of the Societies so amalgamated
shall stand cancelled and they shall be
deemed to have been dissolved and shall
cease to exist.
15. Promotion of Subsidiary Organisation.—
(1) The Society may, by a resolution passed
at General Body Meeting by a majority of
members present and voting, promote
subsidiary organizations such as FPO (Farmer
Producer Organization) with 100% funding
from Society for the furtherance of its stated
objectives, and such organizations may be
registered under any law for the time being
in force, as approved by the General Body.
(2) The Society, may invest, by way of 100%
subscription in the aggregate paid-up share
capital and reserves in the subsidiary
organisation.
(3) Any subsidiary organization created
shall exist for only as long as the General
Body of the Society deems its existence
necessary.
(4) The subsidiary organization can be
dissolved or liquidated in following manners:
a. After approval of 2/3rd members
voting in its favour with at least 50%
members present in the General Body, or
b. Direction of Registrar for winding up
of the subsidiary organization in the
interest of the members or public at large.
(5) The annual reports and accounts of any
such subsidiary organization shall be placed
every year before the General Body Meeting
of the Society.
(6) The Society shall maintain a register
containing particulars of all the investments,
showing the names of the societies/
/companies in which shares have been
acquired, number and value of shares; the
date of acquisition; and the manner and price
at which any of the shares have been
subsequently disposed of.
(7) The register referred to in sub-section
(6) shall be kept at the registered office of the
Society and the same shall be open to
inspection by any Member who may take
extracts there from.
CHAPTER-VIII
Dispute of Society
16. Dispute Settlement Procedure.— Any
dispute touching the constitution, business
and management of the Society arising
between the members, past members and
deceased members of the Society or other
persons shall be settled in accordance with
the relevant provisions of the Act, and the
Rules framed there under and shall be
disposed of in the manner prescribed under
such Act and the Rules.
CHAPTER-IX
Liquidation of Society
17. Liquidation.—
(1) The Society may be dissolved or
liquidated in accordance with the provisions
of the Act.
(2) In the event of dissolution of the Society,
any funds remaining after fulfillment of all
external liabilities shall be distributed in such
proportion as provided in the Act and Rules.
(3) Any remaining reserves or surplus
amount that cannot be thus shared with
members for whatsoever reason shall be
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transferred to such fund as may be as
prescribed under the Act and Rules.
CHAPTER-X
Miscellaneous
18. Miscellaneous.—
(1) If the Society is indebted to a
Co-operative Central Financing institution, it
shall be competent for representative of the
latter to inspect the books and the record of
the Society and the Board of the Society shall
arrange the production of the books and
record before such representatives.
(2) Should any doubt arise with regards to
the interpretation of any of the Byelaws, the
matter shall be referred to the Registrar
whose decision shall be final in accordance
with the Act and Rules.
(3) Incase of any conflict or inconsistency
between the Act & Rules and Byelaws of this
Society, the provisions of the Act & Rules shall
have overriding effect.
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