| 30 |
Prohibition against being
interested in contracts ect. |
| |
No officer of a society shall
have any interest, directly or
indirectly otherwise than as such
officer- |
| a |
in any contract made with or by
a society or |
|
b |
in any property sold
or purchased by a society; or |
| c |
in any other transaction of a
society expect as loan taken from a
society, or the provision of
residential accommodation by a
society to any paid employee of a
society. |
| 2) |
No officer of a
society shall purchase, directly or
indirectly, any property of a member
of the society sold for the recovery
of his dues to the society. |
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|
31 |
Manner
of election of Committees: |
| |
Notwithstanding
anything contained in these Rules or
bye-laws and without prejudice to
the generality of power of the
Government under sub section (1) of
section 34, election of member of
the committees of different types of
societies shall be conducted in the
manner as may be specified by the
Registrar by a general or special
order. |
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|
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|
| 32. |
First General
Meeting |
| 1 |
Within three month from the date of
registration of a society, the chief
promoter thereof shall convene,
under intimation to the Registrar,
the first general meeting of all
person who had joined in the
application for registration of that
society. Where the chief promoter
fails to convene a meeting as
aforesaid, it shall be other person
duly authorized by him in this
behalf may attend such meeting. |
| 2 |
At the first
general meeting the following
business shall be transacted |
| a |
Election of a
president of the meeting: |
| b |
admission of new
member; |
| c |
receiving a
statement of accounts and reporting
all transactions entered into by the
promoter up to 14 days before the
meeting; |
| d |
constitution of
a provisional committee until
regular election are held under the
Bye- laws. The provisional committee
shall have the same power and
function as the committee elected in
accordance with the Bye-laws;
|
| e |
fixing the limit
upto which funds may be borrowed; |
| f |
any other matter
which has been specifically
mentioned in the Bye-laws.
|
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|
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|
| 33. |
General
Meeting : |
| 1 |
The secretary or
in his absence any other person
authorized in the behalf by the
Bye-laws by giving not less than 14
days notice in writing shall convene
the General Meeting of the members
of the society every year in
according with the bye laws and the
General Meeting shall transact such
business in such manner as may be
laid down in the Bye-laws. |
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|
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|
| 34. |
Constitution
of the representative general body : |
| |
A society with
limited liability (including the
state Co-operative Bank) may, if its
area of operation extend to the
whole of the State of Sikkim provide
in its bye-laws for constituting of
a representative general body. |
| 2 |
Where a society
so provides in its bye-laws to
constitute a representative general
body. It shall, with the permission
of the Registrar, divide its member
into different groups, on a
territorial or other basis. |
| 3 |
The bye-laws of
such society may specify the number
or proportion of the member of the
representative general body, their
election and their voting rights.
The members of the representative
general body, shall represent each
group referred to above and shall
the elected. |
| a |
by all the
member of the society; |
| b |
by only
that particular group of member of a
society to which such representative
belong. |
| 4 |
The members who
are elected to represent each such
group shall be called ‘delegates’ A
Delegate shall hold officer and
attend general meetings of the
representative general body till
fresh delegates are elected in their
places.
Provided that a delegate shall
continue for a term of nit more than
3 years after which fresh delegate
will be elected. |
| 5 |
Each delegate
will be elected. |
| 6 |
A member shall
cease to be delegate if he |
| a |
ceases to be a
member of the society, |
| b |
resigns
his office as delegate |
| 7 |
A casual vacancy
in the office of the delegates in
any area or group shall be filled by
election by member in the area or
group concerned and the new delegate
so elected shall continue in office
for the remaining period of the
representative general body.
Provided that failure to fill any
casual vacancy shall not invalidate
the proceedings in the general
meeting. |
| 8 |
Notwithstanding
anything contained in this rule(a)
the Sate Co-operative Bank shall
hold its general meeting by
convoking delegates of section of
categories, as the case may be,
instead of summoning of all member
in person, on the following basis,
viz;- |
| a |
4 nominees of
the Government ; |
| b |
1 delegate
representing each society; |
| c |
1 delegate of
bank defined in the Act; |
| d |
for all other
member 1 delegate for every 25
members (fraction being neglected). |
| 9 |
A federal
society may summon its general
meeting by convoking representatives
as per its bye-laws as approved by
the Registrar,
Provided that in respect of any
federal society the delegate of
individuals member on the committed
or Board of Directors as the case
may be, shall not at any time exceed
¼ of the number of representatives
of societies (fraction to be
neglected) admitted to membership on
the 30th June of the preceding
years, whichever is less. |
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|
| 35. |
Closing of
accounts: |
| |
Every society
shall maintain accounts and books
for the purpose of recording
business transacted by it and close
them every year on the 30th June.
Each closing entry in the cash book
in each shall be signed by the
president/chairman, the secretary
and the treasurer or any other
approved member of the society
authorized b y its managing
committee. The closing balances
which are thus authenticated shall
be carried forward to the following
year commencing on 1st July. |
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|
| 36. |
Annual statement
of accounts: |
| 1 |
Within four-five
days of every co-operative years or
within such extended period as may
be allowed by the Register, I the
case of any society or class of
societies, the committee of every
society shall prepare annual
statements of accounts showing:- |
| i |
receipts
and payment during the previous
co-operative year in the Form D. |
| ii |
the profit and
loss account for the year, in Form
E, and |
| iii |
the balance
sheet as at the close of the year in
from F.
Provided that it shall be open to
the Registrar to permit a society or
class of societies to adopt such
other form as he may deem fit. |
| 2 |
Copies of the
balance sheet and profit and loss
account to be presented at the
annual meeting and a copy of the
report of the committee shall be
circulated amongst the members of
the general body and also fixed on
the notice board of a society at
least fourteen days before the date
of the annual general meeting and
shall be submitted to the Registrar
within 15 days of their adaptation
by the general body. |
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|
| 37. |
Suppression
of the Committee : |
| 1 |
Before making
any order for suppression of the
committee of the society under sub
section (1) of section 39; the a
Registrar shall consult the federal
society or the state Co-operative
Bank to which the society is
affiliated and give an opportunity
to the committee concerned to show
cause within fifteen days from the
date of issue of notice, why such an
order shall not be made. |
| 2 |
Immediately
after the new committee is elected
or an administrator or
administrators appointed, the
committee in whose place such
appointment is made and officers of
the society shall hand over the new
committee or the administrator or
administrators, as the case may be,
the charge of property, documents
and accounts of a society.
|
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|
| 38. |
Account and
other books to be maintained by
Societies : |
| i |
Every society
shall maintain the following
accounts and Books;- |
| ii |
A register of
member in form G |
| iii |
register of
bonds, where necessary. |
| iv |
minute
book recording proceeding of general
meeting |
| v |
minute book
recording proceeding of committee
meeting. |
| vi |
cash book. |
| vii |
general ledger
and personal ledger |
| viii |
stock register,
where necessary |
| ix |
property
register, where necessary |
| x |
register of
audit objections and their
rectification, |
| xi |
liability
register, where necessary |
| xii |
such other
account and books as may be
necessary and specified by the
Registrar from time to time. |
| |
|
| |
|
| 39. |
Power
of Registrar to direct accounts and
books to be written up: |
| |
The registrar
may by an order in writing direct
any society to get any or all of the
accounts and books required to be
maintained by it under rule 38
written up to such date, in such
form and within such time as he may
direct. In case the society fails to
do so, the Registrar may depute an
officer sub-ordinate to him to write
up the account and book. In such
case it shall be competent for the
Registrar to determine, with
reference to the time involve in the
work and emolument of the officer
dispute to do so, the charge which
the society shall pay to the
Government and directs recovery from
the society. |
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|
| 40. |
Certifying
copies of entries in books: |
| |
For the purpose
specified in sub section (1) of
section 51 and rule 26 copies of any
document or entry in a book of a
society shall be certified:- |
| 1 |
by the president
or secretary or any other officer
authorized by the committee and in
this behalf; |
| ii |
where an order
has been passed under section 39
dissolving a committee appointing an
administrator, by the administrator. |
| iii |
where an order
has been passed under sub section
(1) of section 76 appointment
liquidator of a society, by the
liquidator, |
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|
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|
| 41. |
Preservation
and destruction of books and records
ect: |
| |
The book and
records of the society shall be
preserved as per schedule 1. A list
records destroyed from time to time
shall be prepared and kept by the
secretary.
|
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|
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|
| 42 |
Qualification
of paid staff : |
| |
In the following
kinds of society appointment of paid
staff shall be subject to such
direction as the Registrar may from
time to time issue in regard to
their technical and education
qualification, in regard to their
minimum number and their pay and
allowances and security deposit;
namely; |
| i |
State
Co-operative bank |
| ii |
Credit resource
societies |
| iii |
Consumer
societies |
| iv |
Agricultural
societies |
| v |
Producers’
societies |
| 2 |
No society of
the class referred to in sub rule
(1) shall appoint any person as its
paid officer or servant in any
category of service unless he
possesses the qualification
prescribed by the Registrar from
time to time. No society shall
retain in its service any paid
officer or servant if it does not
acquire the qualification within
such time as the Registrar may
direct. The Registrar may, for
special reason to be recorded in
writing, relax in respect of any
paid or servant the provisions of
this rule in regard to
qualification, ect. |
| 3 |
Expect with the
previous approval of the Registrar
no relative of any member of the
committee or the secretary/treasurer
of a society or a member of the
committee of financing bank to which
a society id debted shall be
appointed as its paid staff. |
| |
Provided that
nothing contained in this sub-rule
shall apply to the paid staff of any
society who are appointed prior to
the coming into force of these
Rules. |
