| 119 |
Forms of process |
|
The forms of various
process to be issued by any
authority in exercise of its a
powers under sub section (1) of
section 118 shall be those given in
Schedule III and may be modified or
altered by such authority according
to exigency. |
| |
|
|
|
|
| 120 |
Public documents : |
| 1 |
The following
documents shall be treated as public
documents. |
| a |
The Registration
Register |
| b |
The registration
certificate of a society. |
|
c |
Any
order cancelling the registration of
the society. |
| d |
The Registration
Bye-Laws of a society including
registered amendments |
| e |
Annual account
of a society as audited by the
Registrar. |
| f |
Any decision of
the Registrar of award of the
arbitrator. |
| 2 |
Without
prejudice to the provision of the
section 123, 124, 128 and 131 of the
Indian Evidence Act, 1872, all the
public documents shall be open to
inspection by member of the public
on payment of a fee of Re 1/- for
each occasion for any lawful
purpose. |
|
|
| |
|
|
121 |
Special rule : |
| 1 |
Notwithstanding
anything contained in these Rules,
the procedure laid down in sub rule
(2) shall apply to a society in
which either share have been
subscribed by the Government or
liability by way of guarantee for
borrowing exceeding fifty percent of
the working capital of the society
has been undertaken by the
Government
Provided that it shall not be
incumbent upon such a society to
follow the procedure laid down in
clause (i) and (ii) of sub rule 2 if
its working capital does not exceed
Rs. 1,00,00 or it does not have
another society as its member |
| 2 |
i) Notice
of all general body meting shall be
given to the Registrar. The
Registrar may, of his own motion or
on a reference made to him, declare
the proceeding of the general
meetings as invalid, if he is
satisfied that the meeting was held
without proper notice or without all
the members receiving the notice for
the meeting if the meeting was a
conducted at the appropriate place
and time. |
| 11 |
No matter shall, expect with
the permission or direction or
directions of the Registrar be
considered either in a meeting of a
general body or committee or in a
meeting of any smaller body set up
under the Bye-laws and without the
agenda of the meting being
circulated to all members at least
fifteen clear days in the case of
smaller body thereof and seven days
in advance in other cases. |
| iii |
Should a
difference of opinion in respect of
any matter arise between a nominate
member of the committee and other
members thereof, the opinion of the
nominated member shall be recorded
in the minutes of the proceedings of
the meeting and the proceedings
shall also be got signed by the
nominated member.
The chairman, shall as soon as
possible make a reference to the
Government on the difference of
opinion and seek its decision in the
matter. If no such reference is made
within seven days of the date of the
meting, the Registrar may, on
receipt of a report from a nominated
member make a reference to the
Government for obtaining its
decision which shall be final on the
issue on which difference of opinion
was so recorded. |
| 3 |
In a
society in which shares have been
subscribed by the government, the
Registrar may after such inquiry as
he may deem fit and after giving the
person concerned a reasonable
opportunity of showing cause, remove
any member of the committee who has
been guilty of any act or commission
resulting in financial loss of the
society. |
| |
|
| |
|
| 122 |
Power to
exempt from Rules. : |
| |
The Government
may, by general or special order,
exempt any society or any class of
society from any of the provision of
these Rules or may direct that such
provision shall apply to such
society or class of societies with
such modifications and /or condition
as may be specified in the order. |
| |
|
| |
|
|
123 |
Financing Bank to render banking
services : |
| 1 |
The financing
bank shall render free of charge
such banking services to the
Registrar as he may require to carry
out the purpose of the Act and the
Rules |
| 2 |
Without
prejudice to the generality of the
foregoing sub rule (1) the financing
bank shall render following banking
services to the registrar, namely;- |
| a |
Maintenance of
“Audit Fee Recovery Fund “ in which
all receipt and payment on account
of audit fee leviable under Rules
shall be recorded; |
| b |
maintenance of
“settlement and execution Expenses
Fee Fund “ in which receipts
relating to the fees leviable under
Rules for Settlement of disputes and
execution of decrees, and the
payment from the Funds shall be
recorded ; |
| c |
current account
to be opened in the name of
societies under liquidation to be
operated payment to decree holder; |
| d |
current account
of the Recovery Officer for
temporary credit of dues on account
of and payment to decree holder; |
| e |
current account
of the Registrar relating to surplus
funds of society whose registration
have been cancelled. This account
shall be called “Registrar
Co-operative Societies Liquidation
Account”; |
| f |
Registrar
Co-operative Societies Suspense
Account” for keeping accounts of
unclaimed accounts from the assets
of the society under liquidation;
and |
| g |
Suspense Account
of Societies under Registration. |
| 3 |
All the above
Funds shall be administered be the
Registrar in accordance with the
Regulations contained in Schedule
Ii. |
| 4 |
The financial
shall have no claim to the amount
standing to the credit of the above
accounts and funds from time to
time. The Registrar may, however
allow, in his discretion some
service charges. |
| 5 |
The financing
bank shall issue pass books
separately for each funds and
accounts shall supply the
information of the transactions as
may be required by the Registrar. |
| 6 |
The provision of
these Rules shall apply to all funds
held by the financing bank at the
commencement of these Rules relating
to deposit held by it under the
above heads. |
| |
|
| |
|
| 124 |
Removal of
Doubts : |
| |
If any doubts
arises as to the interpretation of
any of the provision of these Rules,
the matter may be referred to the
Government for decision. |
| |
|
