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State of Uttar Pradesh - Section

Section 31 in The U.P. Co-operative Societies Act, 1965

31. The Secretary, his emoluments and functions.

(1)[Except in the case of an apex society there shall be a secretary of every co-operative society, to be appointed and removable by the society subject to the provisions of the rules and regulations framed under Sections 121 and 122. The emoluments and other conditions of service of the Secretary shall be such as may be prescribed in the bye-laws of the society made in conformity with the rules and regulations made in this behalf:Provided that where a service for the post of secretaries common to any class of co-operative societies has been created under Section 122-A, the recruitment, appointment, removal and other conditions of service of persons appointed to such posts, including persons appointed to such posts before the creation of such service, shall be governed by the provisions of that section and the rules made thereunder.] [Substituted by U.P. Act No. 17 of 1977 and shall be deemed to have been Substituted from October 3, 1975.]
(2)The Secretary shall be the Chief Executive Officer of the society and subject to such control and supervision of the Chairman and the committee of management as may be provided in the rules or the bye-laws of the society shall -
(a)be responsible for the sound management of the business of the society and its efficient administration;
(b)carry on the authorized and normal business of the society;
(c)subject to the provisions of the bye-laws of the society, operate its accounts and, except where the society has a cashier or treasurer, handle and keep in his custody its cash balances;
(d)sign and authenticate all documents for and on behalf of the society;
(e)be responsible for the proper maintenance of various books and records of the society and for the correct preparation and timely submission of periodical statements and returns in accordance with this Act, the rules, the bye-laws and the instructions of the Registrar or the State Government;
(f)convene meetings of the general body, the committee of management and any sub-committee constituted by the committee of management and maintain proper records of such meetings; and
(g)perform such other duties and exercise such other powers as may be imposed or conferred on him under the rules or the bye-laws of the society.
(h)[ to determine the powers, duties and responsibilities of the employees of the society including transfer, suspension and initiating of disciplinary proceeding: [Inserted by U.P. Act No. 20 of 2018, dated 3.4.2018.]
Provided that the provision of this clause shall apply only to the Secretary of Central Society.]
(3)A co-operative society may, subject to the provisions of the rules and the bye-laws and the regulations made under [Section 121, Section 122 or Section 122-A] [Substituted by U.P. Act No. 12 of 1976.], appoint, if necessary, one or more persons to assist secretary and to entrust him or them with such powers and duties of the secretary as the society may deem fit.
(4)After a co-operative society has been registered and tall such time as its secretary is appointed under sub-section (1) or for six months, whichever is earlier, the functions and duties of the secretary shall be performed by such member of the society as may be provided in the rules and the bye-laws of the society.