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State of Karnataka - Section

Section 23 in The Karnataka Souharda Sahakari Act, 1997

23. General Body.

(1)Subject to the provisions of this Act, rules and the bye-laws, the final authority of a Co-operative shall vest in its general body.
(2)Where a Co-operative so desires, its bye-laws may provide for a representative general body drawn from the members, to be constituted in such manner and with such functions as specified in the bye-laws. Any reference in this Act to the general body shall apply to the representative general body also.
(3)Subject to the other provisions of this Act, rules and the bye-laws, the following matters shall be dealt with by the general body namely:-
(a)[ consideration of the annual report of the preceding cooperative year submitted by the board; [Substituted by Act 4 of 2013 w.e.f. 11.02.2013.]
(b)appointment and removal of the auditor and internal auditor for the audit of accounts of the current year;
(c)consideration of the audit report and audited financial statements for the preceding cooperative year;
(d)consideration and decision on the compliance report submitted by the board regarding the rectification of defects and remedying the irregularities pointed out in the audit report of the preceding cooperative year;
(e)disposal of the surplus or net profits of the preceding cooperative year]
(b)[***] [Omitted by Act 4 of 2013 w.e.f. 11.02.2013.]
(c)[***] [Omitted by Act 4 of 2013 w.e.f. 11.02.2013.]
(d)[***] [Omitted by Act 4 of 2013 w.e.f. 11.02.2013.]
(e)[***] [Omitted by Act 4 of 2013 w.e.f. 11.02.2013.]
(f)review of operational deficit, if any;
(g)approval of the long term perspective plan and the annual operational plan;
(h)[ approval of the annual budget for the next cooperative year] [Substituted by Act 4 of 2013 w.e.f. 11.02.2013.]
(i)creation of specific reserves and other funds as specified in the bye-laws;
(j)review of actual utilisation of reserve and other funds;
(k)[ review of the use of the services of the cooperative by the directors of the board; [Substituted by Act 4 of 2013 w.e.f. 11.02.2013.]
(k-1) consideration of the loans and advances made to the directors and their relatives, the defaults, if any, and the action taken for recovery thereof;(k-2) amalgamation, division, merger, transfer of assets and liabilities;(k-3) decision on bad debts considered as irrecoverable;[***]]
(l)removal of directors of the board [***] [Omitted by Act 4 of 2013 w.e.f. 11.02.2013.]
(m)report on action taken on inquiry report under section 37, if any;
(n)report on membership of the Co-operative in other Co-operatives;
(o)review of annual report and accounts of any organisation created under sections 14, 15 or 16, if any;
(p)consideration of an appeal of a person whose application for membership has been rejected [***] [Omitted by Act 4 of 2013 w.e.f. 11.02.2013.] by the board, if any;
(q)consideration of the list of employees recruited who are relatives of directors or of the Chief Executive;
(r)amendment of bye-laws;
(s)formation of code of conduct for the directors and office bearers;
(t)brief note of admission and removal of members during the [Preceding cooperative year] [Substituted by Act, 4 of 2013 w.e.f. 11.02.2013.];
(u)winding up of the Co-operative; and
(v)such other functions as are specified in the bye-laws.
[23A. Opening of branches by a Cooperative in its area of operation.- A cooperative may commence branches, sub branches, pay offices or offices called by whatever name in the area of operation for the use of its members only with the prior approval of its general meeting and the federal cooperative.[Provided, in case of urban Co-operative Banks, to open a branch where Reserve Bank of India granted permission in such case permission of the souharda federal is not required.] [Inserted by Act 34 of 2014 w.e.f. 06.09.2014.]