| 18 |
Conditions to be complied with for
admission for membership, ect. |
| |
Not person shall be admitted as
a member of a society unless -- |
| 1 |
he has applied in writing in the
form, if any, prescribed by a
society or in the from, if any,
specified by the Registrar for
membership; |
|
ii |
. In the case of
societies other than primary
agriculture credit societies, his
application is approved by the
committee of as society and the case
of nominal member by an officer of a
society authorized in that behalf by
the committee; |
| iii |
he has fulfilled all other
conditions laid down in the Act and
these rules and the bye laws of the
society; |
| iv |
in the case of a
firm, company or body corporate a
society registered under the
Societies Registration Act, 1860,
the application for membership is
accompanied by a resolution
authorizing it to apply for such
membership. |
| |
|
| |
|
|
19 |
Disqualification for membership: |
| 1 |
If any question as to whether a
member has incurred any of the
disqualification referred to in
sub-section (1) of section 21
arises. It shall be referred to the
Registrar and his decision thereon
shall be final and binding on all
concerned. |
| 2 |
A
member who case to be a member of a
society under sub-section (2) of
section 21 shall not be entitled to
exercise rights of membership or
incur liability as member with
effect from the date mentioned in
the said sub-section; but shall be
entitled to the payment within six
months from the date mentioned in
the said sub-section of the paid up
value of the shares registered in
his name and deposits, if any, made
by him with the society. |
| |
|
| |
|
| 20 |
Procedure for
admission of joint members and
minors and Persons of unsound mind
inheriting share or interest
deceased member: |
| 1 |
A society may
admit joint member provided they
make a declaration in writing that
the person whose name stands first
in the share certificate shall have
the right to vote and all the
liabilities will be borne jointly
and severally by them as provided in
the bye-laws, |
| 2 |
Where a minor or
persons of unsound mind inherits the
share or interest of deceased
members of a society such minor or
person of unsound mind may be
admitted as member of the society
duly represented by in guardian. The
members so admitted will enjoy such
right and bear such liabilities
through such legal representative or
guardians as are laid down in the
bye-laws of society. |
| |
|
| |
|
|
21 |
Withdrawal of membership |
| 1 |
Subject to the
provision of the Act. These Rules
and bye-laws of a society, a member
may withdraw from a society after
giving three month notice to the
society of his intention of resign
from the society. |
| 2 |
No
resignation of a member shall be
accepted by a society unless the
member has paid in full his dues, if
any to the society and has also
cleared his liability to his
society, if any, as surety to any
other member or otherwise. |
| 3 |
Any
member, who resignation has been
accepted by a society; or any heir
or legal representative of a
deceased member; may demand refund
of share capital held by such member
or decreased member; and the society
shall, subject to the provision of
the bye-laws of a society, refund
the amount within six months from
the date of acceptance by the
society of the society of the
resignation or the date of demand
made by the heir or legal
representative of a deceased member,
as the case may be. |
| 4 |
In all
such cases where share capital is to
be refunded, valuation of share to
be refunded shall be made in
accordance with the provision
contained in rule 22 |
| |
|
| |
|
| 22 |
. Valuation
of share: |
| 1 |
Where a member
of society resigns of cases to be a
member thereof the sum representing
the value of his share or interest
in a society to be paid to him or
his nominee heir of legal
representative, or a person claiming
on his behalf, shall be ascertained
in the following manner, namely;- |
| 1 |
In the case of a
society, with unlimited liability,
it shall be the actual amount
received by a society in respect or
such share or interest; |
| ii |
In the case of
society with limited liability, it
shall be the amount arrived at by a
valuation based on the financial
position of the society as shown in
the last audited balance sheet.
Provided that the amount so
ascertained shall not exceed the
actual amount received by a society
in respect of such share or
interest, |
| 2 |
Where a person
is allotted a share by a society,
the payment required to be made
therefore shall not exceed the face
value of a share not withstanding
anything contained in the bye-laws
of a society. |
| 3 |
Where a share is
transferred by a member to another
person duly admitted as a member of
a society, the transferee shall not
be required to pay anything in
excess of the value of the share
determined in accordance with the
provision in sub rule (1)
|
| |
|
| |
|
| 23 |
Procedure for
transfer of share: |
| 1 |
No
transfer of share in a society shall
be effective unless;- |
| a |
It is made in
accordance with the provision of the
bye laws, |
| b |
A clear
fifteen days notice in writing is
given to the society indicating
therein the name of the propose
transferee, his consent, his
application for membership, where
necessary, and
the value purposed be paid by the
transferee; |
| c |
all liabilities
of the transfer or due to the
society are discharged; and |
| d |
the transfer is
registered in the books of the
society. |
| 2 |
Any charge in
favour of the society on the shares
so transferred will continue unless
discharged otherwise. |
| |
|
| |
|
| 24 |
Nomination
of persons: |
| 1 |
For the purpose
of transfer of his share or interest
under sub-section (1) of section 28
a member of a society may, by a
document signed by him nominate a
person or persons to whom in the
event of his death, his share or
interest in the society shall be
transferred. Such document shall be
deposited with the society during
the member’s life time. |
| 2 |
The nomination
made under sub rule (1) may be
revoked or varied by the member, |
| 3 |
A nomination
made by a member shall not be valid
and shall not in the event of the
death of the member, have effect
unless- |
| a |
it is made
in writing and is signed by the
member in the presence of two
witness attesting the same and; |
| b |
it is recorded
in the books of the society kept for
the purpose. |
| 4 |
Where a member
of the society has not made any
nomination, the society shall, on
the member’s death, by a notice
exhibited at the office of the
society, invites clams or objections
of the purposed transfer of the
share or interest within the time
specified in the notice. |
| 5 |
After
taking into consideration the claim
or objections received in reply to
the notice or otherwise and after
making such inquiries as the
committee considers proper in the
circumstances prevailing, the
committee shall decide as to the
person who in its opinion is the
heir or the legal representatives of
a deceased member and proceed to
take action under section 28. |
| |
|
| |
|
| 25 |
Register of
nominations: |
| |
The name and
address of every person nominated
for the purpose of sub section (1)
of section 28 and any revocation or
variation of such nomination shall
be entered in the register of
members prescribed under rule 38. |
| |
|
| |
|
| 26 |
Supply
of copies of document by societies
and fees therefore: |
| |
A member of the
society requiring a copy of any of
the following document namely, the
bye-laws, last audited annual
balance sheet, profit and loss
account, a list of member of the
committee of the society, register
of member, minutes of general
meeting or committee meeting and
those portion of the books and
records in which his transactions
with the society have been recorded,
may apply to the society for the
same. Every such application shall
be accompanied by a deposit of such
amount as may be decided by the
committee, towards the cost of
preparing the copies. On receipt of
the deposit the society shall issue
a receipt for the copies duly
certified in the manner prescribed
in rule 40. member commits defaults |
| |
|
| |
|
| 27 |
Expulsion of
members : |
| |
Any member who
has been persistently defaulting in
payment of his dues or has been
failing to comply with the provision
of the bye-laws in any manner or
who, in the opinion of the
committee, has brought pisrepute to
the society or has done other acts
detrimental to the interest or
proper working of a society may, by
a resolution passed by a majority of
not less-fourths of the member
entitled to vote who are present at
the general meeting held for the
purpose, be expelled from the
society. |
| |
|
| |
|
| 28 |
Procedure
for expulsion of member |
| 1 |
Where any member
of a society proposes to bring a
resolution for expulsion of any
other member. He shall give a
written notice thereof, to the
chairman of a society. On receipt of
such notice or when the committee
itself decided to bring in such
resolution, the consideration of
such resolution shall be included in
the agenda for the next general
meeting and a notice thereof shall
be given to the member against whom
such resolution is purpose to be
brought, calling upon him to be
present at the general meeting to be
held, on date to be specified in the
notice (which shall not be less than
one month from the date of such
notice) and to show cause against
expulsion to the general body
members after hearing the member, if
present or after into consideration
any written representation which he
might have sent, the general body of
member shall proceed to consider the
resolution. |
| 2 |
When a
resolution is passed in accordance
with sub (1). It shall be sent to
the Registrar for his consideration
and approval. The Registrar, may,
after making such inquiries as he
may deem fit, give his approval and
communicate the same to the society
and the member concerned. The
resolution of the society shall
become effective from the date of
such approval.
|
| |
|
| |
|
| 29 |
Inspection of
the documents in the office of the
Registrar and the scale of fees for
supply of copies of documents : |
| |
A member of a
society or any member of the public
may inspect the following document
in the office of the Registrar free
of charge and may obtain certified
copies thereof on payment of the
following fees
| |
|
Paise |
|
|
i.
Application for registration
of a society |
20 each |
| |
ii. Certificate of
registration |
20 each |
| |
iii. Bye-laws of
societies |
20 per 200
words or part thereof |
| |
iv. Amendment of
bye-laws of a society |
20-do- |
| |
Order of cancellation of
the registration
of a society |
20-do- |
| |
Audit memorandum of a
society |
20-do- |
| |
Annual balance sheet |
20-do- |
| |
Order referring a
dispute for decision |
20-do- |
| |
Order of suppression of
a committee of
removal of any member
thereof |
20-do- |
| |
Any other order against
which an appeal is provided |
20-do- |
| |
xi. Order under section
70 |
20-do- |
| |
|
|
|
