Section 117 in Sikkim Co-Operative Societies Act, 1978
117. Powers to make rules.
(1)The Government may, for the whole or any part of' the State of Sikkim and for any class of societies, after previous publication in the Gazette, 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 society may be sent by the Registrar;(b)the procedure and conditions for change in the form and extent of the liability of a society;(c)the matters in respect of which a society shall or may 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 provisions for a, second or casting vote by the chairman of a meeting of a society;(g)the appointment by a society of one of its members to represent and vote on its behalf at a meeting of another society 'of which it 'is a member;(h)the maximum number of shares or portion of the share capital of a society which may be held by an individual member;(i)the procedure for the nomination of a person to whom the share or interest of a member on his death may be transferred or the value thereof may be paid;(j)the mode in which the value of a deceased member's share shall be ascertained;(k)the election of members of committee by the general body of a society including the appointment of Returning Officers and the powers and functions of such Returning Officers;(l)the requisitioning of a general meeting of a society;(m)the remuneration payable to a new committee or Administrators appointed in place of a, committee removed by the Registrar;(n)the qualifications or disqualifications for membership of committee of a society, the authority competent to decide questions of disqualifications and appeals from such decisions;(o)the qualifications of employees of societies;(p)the prohibition against officers of a society being interested in contracts with the society;(q)the matters connected with Government in societies; the partnership of the Government with the society;(r)the rate at which dividend may be paid by societies;(s)the payment to be made to the 'Co-operative Education Fund' by a society out of its net profits and the mode of its investment;(t)the mode of investment of funds of a society;(u)the objects of the reserve fund of a society and mode of its investment;(v)the mode of disposal of reserve fund of a society on its winding up;(w)the extent and conditions subject to which a society may receive deposits and loans;(x)the restrictions on transactions by a society with non-members;(y)the restrictions on grant of loans by a society against its shares;(z)the form and standards of fluid resources to be maintained by societies accepting deposits and granting cash credits;(aa). the levy of audit fees on societies;(bb)the procedure to be followed in proceedings before the Registrar, arbitrator or other person deciding disputes;(cc)the conditions subject to which assets of a society shall vest in a liquidator and the procedure to be adopted in winding up of a society;(dd)the procedure for recovery of amounts due or payable to a society;(ee)the mode of. making attachment before judgements;(ff)the procedure and conditions for the issue, redemption, re-issue, transfer, replacement or conversion of bonds issued by a society;(gg)the maximum amount of principal, the rate of interest and other conditions for the guarantee of debentures/bonds issued by a society;(hh)the procedure for the distrait and sale of property, mortgaged to a primary agricultural credit society or to the State Co-operative Bank;(ii)the immediate sale of perishable articles;(jj)the manner of registering the address of a society:(kk)the account books and registers to be kept by a society and power of Registrar to direct the accounts and books to be written up;(ll)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;(mm)the statements and returns to be furnished by societies to the Registrar;(nn)the restrictions on person appearing as legal practitioners;(oo)the inspection of documents and the levy of fees for granting certified copies thereof; and(pp)the matters expressly required or allowed by the Act to be prescribed.(3)Every rule made under this section shall immediately after it is made, be laid before the State Legislature if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, the House agrees, in making any modification in the rules or in the annulment of the rules, the rules shall thereafter have effect only in such modified form or shall stand annulled, 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.
