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State of Madhya Pradesh - Section

Section 95 in The M.P. Co-Operative Societies Act, 1960

95. Power to make rules.

(1)The Government may, for the whole or any part of the State and for any society or class of societies, make rules for the conduct and regulation of the business of such society or class of societies and for carrying out all or any of the purposes of this Act.
(2)In particular and without prejudice to the generality of the foregoing power, such rules may-
(a)subject to the provisions of Section 3 prescribe the delegation of powers vested in the Registrar to persons appointed to assist the Registrar [and prescribe the manner of forwarding the copies of the proposed amendment of the bye-laws to the Registrar] [Inserted by M.P. Act No. 14 of 1976.].
(b)prescribe the forms to be used and the conditions to be complied with in the making of applications for the registration of a society and the procedure in the matter of such applications;
(c)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;
[(c-1) prescribe the period for the training of a member of a society and the manner of calling upon a member of a society to attend the course of training; [Inserted by M.P. Act No. 14 of 1976.](c-2) prescribe the manner of regulating the voting right of individual member of a federal society;]
(d)prescribe the procedure to be followed and conditions to be observed for change of name or liability, reorganisation or reconstruction of society;
(e)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 interest to be acquired before the exercise of the right of membership;
(f)subject to the provisions of Section 24, prescribe the maximum number of shares or portion of the capital of a society which may be held by a member.
(g)[ provide for the withdrawal or removal of members and for the payments to them;] [Substituted by M.P. Act No. 14 of 1976.]
(h)provide for the nomination of person to whom the share or the interest of a deceased member may be paid or transferred;
(i)provide for ascertaining the value of a share or interest of a past member or deceased member;
(j)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;
[(j-1) prescribe the proportions for reservation of seats for members belonging to scheduled castes, scheduled tribes and economically weaker sections on the committee of a resource society and provide for holding of an office of President/Chairman or Vice President/Vice-Chairman of resource society by a member belonging to the aforesaid castes, tribes or section;] [Inserted by M.P. Act No. 14 of 1976.]
(k)provide for the inspection of documents in the office of the Registrar or of any other officer or authority and the levy of fees for granting certified copies of the same;
(l)provide for the formation and maintenance of a register of members and where the liability of the members is limited by shares, of a register of shares and a list of members;
(m)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 the necessary capital shall be available for the society as required;
(n)prescribe the terms and conditions on which Government may make share capital contribution or give assistance, financial or other, to societies and the terms and conditions on which Government may guarantee the payment of the principal of and interest on debentures issued by societies or loans raised by them;
(o)regulate the manner in which funds may be raised by a society or a class of societies by means of shares or debentures or otherwise and the quantum of funds so raised;
(p)[ prescribe the manner of giving intimation to the Tahsildar about the details of the debt or outstanding demand owing to the society from a member, past member or deceased member;] [Substituted by M.P. Act No. 14 of 1976.]
(q)prescribe the procedure by which a society shall calculate and write off bad debts;
(r)provide for the formation and maintenance of reserve funds, and the objects to which such funds may be applied and for the investment and use of any fund including reserve fund under the control of a society;
(s)prescribe the rate at which a society shall contribute towards the Madhya Pradesh State Co-operative Union;
(t)prescribe the mode of investment of funds of a society under Section 44 and the proportion of investment in any security or class of securities;
(u)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 them and for the administration of such provident fund;
(v)provide for general meetings of the members and the procedure at such meetings and the powers to be exercised by such meetings;
(w)provide for the appointment, suspension and removal of the members of the committee and other officers and for the appointment of a person or persons under Section 53 and prescribe procedure at meetings of the committee and for the powers to be exercised and the duties to be performed by the committee, person or persons and other officers;
(x)prescribe [qualification and disqualification] [Substituted by M.P. Act No. 25 of 1988 [w.e.f. 28-6-1988].] 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;
(y)prescribe the returns to be submitted by society to the Registrar and provide for the person by whom and the form in which such returns shall be submitted;
(z)provide for the person 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;
(aa)prescribe the accounts and books to be kept by a society and provide for the audit of such accounts and the charges, if any, to be made for such audit, and for the periodical publication of a balance sheet showing the assets and liabilities of a society;
(bb)provide for appointment of 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 decisions or executing awards in such proceedings;
(cc)provide for the issue and service of processes;
(dd)prescribe the procedure for and the method of recovery of any sums due under this Act or the rules;
(ee)prescribe the procedure to be followed for the custody of property attached under Section 68;
(ff)prescribe the procedure and conditions for the exercise of the powers conferred under Section 71 and the procedure to be followed by a liquidator and provide for the disposal of surplus assets;
(gg)[ prescribe the procedure to be followed in presenting and disposal of appeals other than the appeals lying to the Tribunal;] [Substituted by M.P. Act No. 14 of 1976.]
(hh)[ * * *] [Omitted by M.P. Act No. 14 of 1976.]
(ii)prescribe the method of communicating or publishing any order, decision or award required to be communicated or published under this Act or the rules; and
(jj)provide for all matters required or allowed by this Act to be prescribed by rules.
(3)All rules made under this Act shall be laid on the table of Legislative Assembly.