Section 109 in Himachal Pradesh Co-Operative Societies Act, 1968
109. Power to make rules.
(1)The State Government may, for the whole or any part of the State and for any co-operative society or class of cooperative societies after previous publication, make rules to carry out the purposes of this Act.(2)In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-(a)the applicant to whom the order refusing the registration of a cooperative society may be sent by the Registrar;(b)the procedure and conditions for change in the form and the extent of the liability of a co-operative society;(c)the matters in respect of which a co-operative society shall make bye-laws;(d)the procedure to be followed for amendment of bye-laws by a society;(e)the qualifications or disqualifications of individuals who may be admitted as members of societies;(f)the appointment by a society of any one of its members to represent and vote on its behalf at a meeting of another society of which it is a member;(g)the procedure for the nomination of a person to whom the share or interest of a member on his death may be transferred or value thereof may be paid;(h)the mode in which the value of a deceased member's share shall be ascertained;(i)the procedure for calling general meetings, its quorum, writing of minutes and powers and duties of the chairman;(j)the powers of the general house;(k)writing off any bad debts and assets;(l)the election of members of committee by the general body of a society;(m)the requisitioning of a general meeting of a society;(n)the remuneration payable to a new committee or administrators appointed in place of a committee removed by the Registrar;(o)the qualifications or disqualifications for membership of committee of society;(oo)[ the qualifications, experience and the manner of nomination of person on the committees of societies under section 35:] [Added vide H. P. Act No. 20 of 1986 w.e.f. 7-1-1988.](p)the qualifications of employees of societies;(q)the prohibitions against affairs of a society being interested in contracts with the society;(r)the matters connected with the membership of the State Government in co-operative societies;(s)the rate at which dividend may be paid by societies;(t)the payment to be made to the co-operative education fund by a cooperative society out of its net profits and the mode of its investment;(u)the mode of investment of funds of a society;(v)the objects of the reserve fund of a society and its investment;(w)the mode of disposal of reserve fund of a society on its winding up;(x)the extent and conditions subject to which a co-operative society may recover deposits and loans;(y)the restrictions on transaction by a co-operative society with nonmembers;(z)the restrictions on grant of loans by a society against its shares;(aa)the levy of audit-fees on co-operative societies;(ab)the procedure to be followed in proceedings before the Registrar, arbitrator or other person deciding disputes;(ac)the conditions subject to which assets of a society shall vest in liquidator and the procedure to be adopted in winding up of a cooperative society;(ad)the procedure for recovery of amounts due or payable to a cooperative Society;(ae)the mode of making attachment before award;(af)the manner of registering the address of a co-operative society;(ag)the account books and registers to be kept by co-operative society and powers of the Registrar to direct the accounts and books to be written up;(ah)the manner of certification of entries in the books of a society and of copies of documents kept by it in the course of its business;(ai)the statements and returns to be furnished by a society to the Registrar;(aj)the restrictions on persons appearing as legal practitioners;(ak)the inspection of documents and the levy of fees for granting certified copies thereof;(al)constitution of co-operative education fund under section 54;(am)the matters expressly required or allowed by this Act to be prescribed;(an)the matters connected with the Council constituted under section 98; and(ao)the matters connected with the Co-operative Appellate Tribunal appointed under section 108(3)In making any rule under this Act, the State Government may direct that any person committing a breach thereof shall on conviction by a court be punishable with fine which may extend to fifty rupees and, where the breach is a continuing one, with further fine which may extend to ten rupees for every day after the first during which the breach continues subsequent to such conviction.(4)Every rule under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the rule or decides that the rule 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.[Substituted vide Act No. 19 of 2006.]
