THE SIKKIM CO-OPERATIVE SOCIETIES RULES, 1981
 

CHAPTER I

PRELIMINARY
 
1. Short Title And Application
2. The Rules may be called the Sikkim Co-operative Societies Rules, 1981.
3. They shall extends to the whole of State of Sikkim.
4. They shall come into force on the data of their publication in the official gazette.
   
   
2. Definitions
   
1. In these Rules, unless the context otherwise requires;
a. the Act’ means the Sikkim Co-operative Societies Act, No. 1978 (Act no. 12-----1978)
b. borrowed capital’ means the loans, deposits and other borrowings of a society includes bonds issued by it.
c.  decree’ means any decree of a civil court and includes any order, decision or award referred to in the Act.
d.  Decree holder, means any society or person including the Government in whose favor a decree has been passed.
e.

Default’ means failure on the part of the society, member or other persons to repay to the Financing Bank or any other society, a loan or other amount due to it within the time fixed for repayment or to return to the society within the time fixed for finished goods in respect of raw materials advanced or to keep any other obligation for the fulfillment of which time limit has been specified in the bye-laws;
f. defaulter’ means any society, member or other person committing default.
g. default society’ means a society classified as such during the course of an audit or enquiry or inspection or after reasons to be recorded in writing declared as such by the Registrar.
h.  ‘financing Bank’ means the State Co-operative Bank, registered under the Act.
i. ‘form’ means a form appended to these Rules.
j.

general body’ in relation to any society means all the members of the society and in relation to a co-operation society which has provided for the constitution of a representative ‘general body’ all the delegates or representatives constituting the representative general body elected in accordance with the provisions of the Bye-Laws of such a cooperative society or the rules approved by the registrar and the word ‘member’ in relation to general body or general meeting whenever occurring in these rules or bye-laws of such a co-operative society shall always be constructed as such delegates or representatives;
k.

‘government dues’ include (i) audit fee leviable for audit under section 64 (ii) cost of enquiry leviable under section 68 (iii) loans, share capital, subsidy 64 and grant in laid refundable under the terms of any agreement executed between a society and the Government, (iv) arbitration fee ect. (v) any other amount spent or to be spent by the Government on conducting elections of a committee, process fees, diet charges for civil arrests and civil confinement of defaulters, ect.
l. ‘Judgment debtor’ means any person against whom a decree has been passed.
m. net profit’ of a Society means the profit remaining after allowing for the following charges namely;
a. Establishment charges, contingent charges, interest payable on loans and deposits at approved rates and audit fee approved by the Registrar.
 

Explanation --- Where Registrar has powers under the rules to prescribe the qualification number and the pay and allowances of the employees of a society, the ‘Establishment Charges’ shall means the ‘Establishment Charges’ determined on the number of employees fulfilled the prescribed qualification on the rates as may be determined by Registrar from time to time.
b.

All usual working charges such as repairs, rent, and the like-bounties or subsidies received, depreciation and irrecoverable books debts written off with the prior approval of the Registrar:
c. Capital expenditure written off either wholly or in part;
d. Capital loss actually incurred and not adjusted against funds created out of profits;
e. Provisions for estimated bad debts, if any
f. Any other charges allowed by the Registrar in writing
g.

‘owned capital’ means the total of the paid-up share capital accumulated reserved and other funds created out of profit of a society.
h. Recovery of right maintained under the law relating to land revenue in force in the state
i.

section officer’ means any persons empowered to exercised the powers of the Registrar under section 80 section officer’ means any persons empowered to exercised the powers of the Registrar under section 80
j. ‘section’ means a section of the Act.
k. Schedule means the schedule appended to these rules.
i. ‘Working Capital’ means the total of the borrowed capital and owned capital
2 Words and expressions used in these Rules but not defined shall have the meaning respectively assigned to them in the Act.
   
Expla
nation:

 With references to a person who is unable to sign his name, the word signature shall includes his “Thumb impression’ or other mark duly attested to signify his signature.
 
 
   

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