Section 176 in Jammu and Kashmir Co-Operative Societies Act, 1989
176. Power to make rules.
(1)The Government may for the whole or any part of the State and for any class of co-operative 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 fore-going powers, such rules may provide for all or any of the following matters, namely:-(i)the applicant to whom the order refusing the registration of a co-operative society may be sent by the Registrar;(ii)the procedure and conditions for change in the form and extent of the liability of a co-operative society;(iii)the matter in respect of which a co-operative society shall or may make bye-laws;(iv)the procedure to be followed for amendment of bye-laws by a co-operative society;(v)the qualifications or disqualifications of individuals who may be admitted as members of co-operative societies;(vi)the provisions for a second or casting vote by the Chairman of a meeting of a co-operative society;(vii)the appointment by a co-operative society of one of its members to represent and vote on its behalf at a meeting of another co-operative society of which it is a member;(viii)the maximum number of shares or portion of the share capital of co-operative society which may be held by an individual member;(ix)the procedure for the nomination of a person to whom the share or interest of a member on his death maybe transferred or the value thereof may be paid;(x)the mode in which the value of a deceased member's share shall be ascertained;(xi)the election of members of committee by the general body of co-operative society;(xii)the requisitioning of a general meeting of co-operative society;(xiii)the remuneration payable to a new committee or administrators, a person or persons appointed in place of a committee removed by the Registrar;(xiv)the constitution of a common service or services comprising of officers and other employees of different classes of co-operative societies [other than Co-operative Credit Structure Societies] [Inserted by Act No. X of 2010, Dated 28.1.2010, w.e.f. 29.4.2010.] and for determining the number and designation of such officers and other employees;(xv)the qualification, remuneration, allowances, recruitment and other conditions of service of such officers and other employees of co-operative societies [other than Co-operative Credit Structure Societies] [Inserted by Act No. X of 2010, Dated 28.1.2010, w.e.f. 29.4.2010.];(xvi)the constitution of boards at State and District level for recruitment of officers and other employees of different classes of a co-operative societies;(xvii)the constitution and maintenance by any apex or central society of a common cadre of personnel to work as officers or as other employees in affiliated societies.(xviii)the prohibition against officers of a co-operative society being interested in contracts in co-operative society;(xix)the matters connected with the direct and indirect partnership of the Government in co-operative society;(xx)the rate at which dividend may be paid by co-operative societies;(xxi)the payment to be made to the "Co-operative Education Fund" by a co-operative society out of its net profits and mode of its investment;(xxii)the mode of investment of funds of a co-operative society;(xxiii)the objects of the reserve fund of a co-operative society and mode of its investment;(xxiv)the mode of disposal of reserve fund of a co-operative society on its winding up;(xxv)the extent and conditions, subject to which a co-operative society may receive deposits and loans;(xxvi)the restrictions on transactions by a co-operative society with non-members;(xxvii)the restrictions on grant of loans by a co-operative society against its shares;(xxviii)the form and standards of fluid resources to be maintained by co-operative society accepting deposits and granting cash credits;(xxix)the levy of audit fees on co-operative societies;(xxx)the procedure to be followed in proceedings before the Registrar, arbitrator or other persons deciding disputes;(xxxi)the conditions subject to which assets of co-operative society shall vest in liquidator and the procedure to be adopted in winding up of a co-operative society;(xxxii)the procedure of recovery of amount due or payable to a co-operative society;(xxxiii)the mode of making attachment before a judgment;(xxxiv)the procedure for the distraint and sale of property mortgaged to Agriculture and Rural Development Banks;(xxxv)the qualifications of members of the Tribunal; (xxxv i) the manner for registering the address of a co-operative society;(xxxvii)the account books and registers to be kept by a co-operative society and power of Registrar to direct the accounts and books to be written up;(xxxviii)the manner of certification of entries in the books of a co-operative society and copies of documents kept by it in the course of its business;(xxxix)the statements and returns to be furnished by co-operative societies to the Registrar;(xl)the restrictions on persons appearing as legal practitioners;(xli)the inspection of documents and the levy of fees for granting certified copies thereof; and(xlii)the matters expressly required or allowed by the Act to be prescribed.
