Section 133 in Arunachal Pradesh Co-operative Societies Act, 1978
133. Rules.
(1)The Government may, for the whole or any part of the Territory and for any society or class of societies, make rule for the conduct and regulation of the business of such society or class of societies and for carrying out the purposes of this Act.(2)In particular, and without prejudice to the generality of the foregoing power such rules may-(i)subject to the provisions of Section 3, prescribe the delegation of powers vested in the Registrar to persons appointed to assist the Registrar;(ii)prescribe the forms to be used and the conditions to be complied with in the making of applications for the registration of society under Section 8 and the procedure in the matter of such application;(iii)prescribe the matters in respect of which a society may make or the Registrar may direct a society to make bye-laws and the procedure to be followed in making, altering and abrogating bye-laws and the conditions to be satisfied prior to such making alteration or abrogation;(iv)prescribe the forms of and procedure for an application under Section 19 and the procedure for reconstruction of a society under that section;(v)prescribe the conditions to be complied with by a person applying for admission or admitted as a member and provide for the election and admission of members and the payment to be made and the interests to be acquired before the exercise of the right of membership;(vi)prescribe in the case of a federal society or class of federal societies the proportion of individual members to society members in such society or class of societies and the proportion of individual members to society members in the committee of such society or class of societies;(vii)subject to the provisions of Section 28, prescribe the maximum number of shares or portion of the capital of a society which may be held by a member;(viii)prescribe the procedure for the admission of joint members, members of a joint or undivided Hindu family, and minors and persons of unsound mind inheriting the share or interest of deceased members and provide for their rights and liabilities;(ix)provide for the withdrawal, removal or expulsion of members and for the payments to them and for the liabilities of past members and the estate of deceased members;(x)prescribe the conditions and procedures for the transfer of shares or interest;(xi)provide for the nomination of a person to whom the share or the interest of a deceased member may be paid or transferred;(xii)provide for ascertaining the value of a share or interest of a past member or deceased member;(xiii)prescribe the payments to be made and the conditions to be complied with by members applying for loans, the period for which loans may be made, and the amount which may be lent to an individual member;(xiv)provide for the inspection of documents in the Registrar's office and the levy of fee for granting certified copies of the same;(xv)provide for the procedure for registering the address of a society and the change of its address;(xvi)provide for the formation and maintenance of a register of members, and where the liability of members is limited by shares, of a register of shares and a list of members;(xvii)provide for securing that the share capital of any society shall be variable in such a way as may be necessary to secure that the share shall not appreciate in value and that necessary capital be available for the society as required;(xviii)provide for the procedure to be adopted by a society with limited liability in order to reduce its share capital;(xix)prescribe the period for, and terms upon which Government aid may be given to societies and terms under which Government may subscribe to the share capital of and guarantee the payment of the principal of and interest on debentures issued by societies;(xx)regulate the manner in which funds may be raised by a society or class of societies by means of shares of debentures or otherwise, and the quantum of funds so raised;(xxi)prescribe the limits for loans to be granted by a society or class of societies against different classes of securities or without security and the procedure for granting loans;(xxii)prescribe the manner of recalling a loan;(xxiii)prescribe the limits for granting credit by a non-credit society or a class of non-credit societies;(xxiv)prescribe the prohibitions and restrictions subject to which societies may trade or transact business with persons who are not members;(xxv)prescribe the conditions on which may charge in favour of a society shall be satisfied and the extent to which and the order in which the property to the charge shall be used in its satisfaction;(xxvi)provide for giving reasonable notice of the charge under Section 49;(xxvii)prescribe the procedure by which a society shall calculate and write-off bad debts;(xviii)prescribe the sums which in addition to those referred to in Section 66 (1) shall be deducted from profits before arriving at the profit for the purpose of Section 66 (2);(xxix)provide for the formation and maintenance of reserve fund and the objects to which such fund may be applied and for the investment and use of any fund including reserve fund under the control of a society;(xxx)prescribe the conditions under which profits may be distributed as dividend and bonus among the members and non-members of a society;(xxxi)prescribe the rate at which a society shall contribute towards the educational fund of the Territory level federal society under Section 69;(xxxii)define the co-operative purpose for which a society shall, under Section 70, utilise its fund;(xxxiii)prescribe the mode of investment of funds of a society under Section 71 and the proportion of investment in any security or class of securities;(xxxiv)provide for the payment of contribution to any provident fund which may be established by a society for the benefit of officers and servants employed by it and for the administration of such provident fund;(xxxv)prescribe the procedure and conditions for the exercise by a federal society of the powers conferred by this Act;(xxxvi)provide for general meetings of the members, for the procedure at such meetings and the powers to be exercised by such meetings;(xxxvii)prescribe the conditions on which a member of a society may be disqualified from voting;(xxxviii)provide for the appointment, suspension and removal of the members of the committee and other officers and for the appointment of administrator under Section 79 and prescribe procedure for meeting of the committee and for the powers to be exercised and the duties to be performed by the committee, administrator and other officers;(xxxix)prescribe the qualifications for members of the committee and employees of a society or class of societies and the conditions of service subject to which persons may be employed by societies;(xl)prescribe the returns to be submitted by a society to the Registrar and provide for the persons by whom and the form in which such returns shall be submitted;(xii)provide for the persons by whom and the form in which copies of documents and entries in books of societies may be certified and the charges to be levied for the supply of copies thereof;(xiii)provide for the procedure to be adopted by the Registrar in the cases where the taking of possession of books, documents, securities, cash and other properties of a society, or of a society the affairs of which have been ordered to be wound up by the Registrar or by a person entitled to the same, is resisted or obstructed;(xliii)provide for the procedure to be adopted for taking possession of books, documents, securities, cash and other property of a society by a person acting under Sections 82, 84 and 86 in cases where misappropriation of funds, breach of trust or fraud has been committed or where it is suspected or apprehended that the books, documents, securities, cash and other properties are likely to be tampered with or destroyed or removed;(xliv)prescribe the accounts and books to be kept by a society or class of societies;(xlv)prescribe the procedure for conducting an audit, the matters on which the auditor shall submit a report, the form in which the statement of accounts shall be prepared for his audit, the limits within which the auditor may examine the monetary transactions of a society, the form of audit, memorandum and report and the charges, if any, to be paid by a society for audit;(xlvi)prescribe the procedure for appointment of auditors under Section 82;(xlvii)prescribe the form for the rectification of defects discovered in the course of audit, inspection or inquiry;(xlviii)prescribe the procedure and principles for the conduct of enquiry under Section 84 and inspection under Section 86;(xlix)prescribe the procedure for apportioning the cost of inquiry and inspection and for assessing damages against delinquent promoters under Section 90 and for recovery of cost and damages;(l)prescribe the manner in which appointment shall be made and control exercised by, and the number of persons comprising, and functions to be performed by the authority constituted under Section 92, the manner of election and nomination of such persons, the fees to be paid to such authority and the manner of such payment and the procedure for and the method of calculating any cost, charges or expenses required to be levied under this Act or the rules;(li)provide for appointment of the Registrar's nominee or board of nominees, procedure to be followed in proceedings before the Registrar or his nominee or board of nominees and for fixing and levying the expenses for determining the dispute and for enforcing the decision or awards in such proceedings;(lii)prescribe the form in which a dispute shall be referred to the Registrar;(liii)provide for the issue and service of processes and for proving of service thereof;(liv)provide for the investigation of claims and objections that may be preferred against any attachments effected by the Registrar;(lv)prescribe the procedure for and the method of recovery of any sum due under this Act or the rules;(lvi)prescribe the procedure to be followed for the custody of property attached under Section 99;(lvii)prescribe the procedure to be followed in the execution of awards;(lviii)prescribe the manner in which any property shall be delivered to, and the terms and conditions subject to which such property shall be held by, a society under Section 104;(lix)prescribe the procedure for attachment and sale of property for the realisation of any security given by a person in the course of execution proceedings;(lx)prescribe the procedure and conditions for the exercise of the powers conferred under Section 109 and the procedure to be followed by a Liquidator and provide for the disposal of surplus assets;(lxi)prescribe the matters in which an appeal shall lie from the order of Liquidator appointed under Section 107;(lxii)prescribe the procedure to be followed in presenting and disposing of appeals;(lxiii)prescribe, in the case of appeals lying to the Government, the authority to which power of hearing appeals may be delegated;(lxiv)prescribe the method of communicating or publishing order, decision or award required to be communicated or published under this Act or the rules;(lxv)provide that the contravention of any of the rules shall be an offence under this Act;(lxvi)provide for all other matters expressly required or allowed by this Act to be prescribed by rules;(lxvii)prescribe the procedure to be followed and conditions to be observed for change of name or liability', amalgamation, transfer, division, conversion or reconstruction of society.(3)All rules made under this Act shall be subject to the condition of previous publication and every rules made by the Government of Arunachal Pradesh under this Act shall be laid, as soon as may be after it is made, before the Legislature of Arunachal Pradesh while it is in session for a total period of fourteen days which may be comprised in one session or in the successive sessions, and if before the expiry of the session in which it is so laid or the session, immediately following, the Legislature agrees in making any modification in the rule or the Legislature agrees that the rules should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
