ORDER ETC.
PUNISHMENT
FOR DISPOSING
PROPERTY IN
CONTRAVENTION
OF SECTION-61
104. If a registered society or an officer or member thereof or any liquidator/
(a) willfully makes a false return or furnishes false information or willfully neglects or refuses to do any act required by this Act or any rules or bye-laws or does anything contrary to this Act or any rules, or bye- laws or fails to submit returns; or
(b) any person willfully or without reasonable excuse disobeys any summons, requisition or lawfully written order issued under the provisions of this Act or does not produce document or cash balance of the society or does not furnish any information lawfully required from him by a person authorised in this behalf under the provisions of this Act or fail to maintain up-to-date account, record and other documents of the society required to be maintained by him under this Act or rules or bye-laws he shall be punishable with fine which may extend to five thousand rupees, and in the case of a continuing offence a further fine of fifty rupees for each day on which the offences are continued after conviction thereof.
105. Any member, past member or the nominee, heir or legal representative of a deceased member removing or otherwise disposing of any property on which a registered society holds a charge under section-61 with intent to defraud the society or with such intents doing any other act to the prejudice of the society's charge, shall be punishable with fine which may extend to five thousand rupees.
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420 THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 4, 2012
PENALTY FOR
CERTAIN
MISDEMEAN -
OURS
POWER TO
ENFORCE
PERFORMANCE
OF OBLIGATIONS
COGNIZANCE OF
OFFENCE
INDEMNITY
BAR TO
JURISDICTION -
CIVIL OR
REVENUE
COURTS
106. Where it appears to the Registrar that any person has contravened the provisions of this Act or rules or bye-law -
(a) by sitting or voting or exercising his rights as a member, or as a member of any managing or controlling body, or voting in the affairs of a registered society as a representative of another society which is a member of such society, when such person was not entitled so to sit, vote or exercise such rights, as the case may be ; or
(b) by utilising a loan for a purpose different from that for which it was granted.; the Registrar may, after affording such person an opportunity to be heard by an order in writing, direct him to pay to the assets of the society by way of penalty such sum not exceeding five thousand rupees as the Registrar thinks fit.
107. Notwithstanding anything contained in this Act, where any registered society is required to take any action under the Act, the rules or bye-laws and such action is not taken within the time provided in this Act, the rules or bye-laws or within such time as the Registrar may specify by a notice in writing where no time is so provided, the Registrar may call upon any officer of the society whom he considers to be responsible for carrying out the directions, and after giving such officer an opportunity to be heard may require him to pay to the assets of the society such sum not exceeding rupees five thousand as the Registrar may think fit for each day until the Registrar's directions are carried out.
108.(1) No court inferior to that of a Magistrate of the first class shall try any offence under this Act.
(2) No prosecution for an offence under this Act shall be instituted without the previous sanction of the Registrar.
(3) Offences under this Act may be tried summarily.
CHAPTER-XII
JURISDICTION
109. No suit, proceeding or prosecution whatsoever shall lie against the Registrar or any person acting on his authority, or against any liquidator in respect of anything done or purporting to be done in good faith under this Act.
110. (1) Save as provided in this Act, no Civil or Revenue Court shall have any jurisdiction in respect of --
(a) registration of a society or its bye-laws or amendments of bye- laws ; or
(b) the dissolution of a managing or controlling body and the management of the affairs of the society on dissolution thereof; or
(c) any dispute referred to the Registrar; or
(d) any matter in relation to the winding up and dissolution of a registered society.
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THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 4, 2012 421
(2) Save as provided in this Act, no order, decision or award under this Act, or working of the affairs of a registered society shall be liable to be challenged, set aside, modified , revised declared void in any court on any ground whatsoever.
APPEAL OR
REVIEW
111. (1) Except where otherwise expressly provided to the contrary an appeal shall lie to the Registrar from the decisions made under this Act or rules framed thereunder by any Government officer, liquidator appointed under section 95.
(2) The Registrar may review any order passed by him at any time within sixty days from the communication of such order.
(3) Save as otherwise provided in this Act or rules, no appeal shall lie to the State Government against any order of the Registrar, except on a question of law, and provided such appeal is preferred within sixty days of the communication of such order
(4) Any appellate authority and the Registrar in case of review may pass any stay order pending any appeal or review before such an authority, and may award costs against any party appealing or petitioning for review if such appeal or review petition is considered false, vexatious or frivolous by the authority concerned.
(5) Notwithstanding anything contained in this Act where with the previous sanction in writing or on requisition by the Reserve Bank of India, a Cooperative Bank -
(a) is being wound up ; or
(b) in respect of which a scheme of amalgamation or re- organisation is given effect, no appeal thereof shall lie or be permissible without the sanction or requisition of the Reserve Bank and that shall not be liable to be called in question.
POWER OF
ATTACHMENT OF
PROPERTY
112. Where the Registrar or such Gazetted officer as may have powers delegated to him under section 114 is satisfied that any person holding property within his jurisdiction with intent to defeat or delay the execution of any order, under a Co-operative Demand Certificate for recovery of dues, or with intent to avoid payment of dues from such person under this Act, rules or bye-laws -
(a) is about to dispose of the whole or any part of such property ; or
(b) is about to remove the whole or any part of such property from the local limits of the jurisdiction of the Registrar or of such Gazetted officer, may unless adequate security is furnished ,as he may require, direct the conditional attachment of the said property or such part thereof as he thinks necessary, notwithstanding that the claimant or owner of the property may reside elsewhere, and such attachment shall have the same force and effect as if it had been made by a competent Civil Court and shall continue in force until withdrawn or cancelled.
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422 THE ASSAM GAZETTE, EXTRA ORDINARY. FEBRUARY 4, 2012
REGISTRAR TO
BE CIVIL COURT
FOR CERTAIN
PURPOSE
RECOVERY OF
SUMS DUE
113. The Registrar or any person empowered by him in this behalf shall be deemed, when exercising any power under this Act for the recovery of any amount by attachment or sale without attachment of any property or when passing any orders on any application made to him for such recovery or to take any step-in aid of such recovery, to be a Civil Court for the purpose of Article 182 of the First Schedule to the Indian Limitation Act, 1908.
114 (1) All dues recoverable under this Act or rules framed thereunder shall be reduced to the form of a Cooperative Demand Certificate, as in Schedule C over the signature of the Registrar or of such Gazetted Officers as may have powers delegated to them by the Registrar in this behalf and shall be recovered as an arrear of land revenue under Assam Land and Revenue Regulation, 1886 and shall be paid to the certificate holder or his authorised nominee. Such certificate shall be in the name of the claimant and shall be delivered to him.
(2) Notwithstanding anything contained in sub-section (1), all the said dues shall also be recoverable as public demand in accordance with the procedure laid down in the Bengal Public Demands Recovery Act, 1913 on a written requisition sent to the certificate officer in the prescribed form over the signature of the Registrar or of such Gazetted Officer or officer of a cooperative society as may have powers delegated to him by the Registrar in this behalf.
Explanation . "The Certificate Officer" means the officer so defined in and the Prescribed Form, means the form so prescribed under the Bengal Public Demands Recovery Act, 1913.
(3) For the purpose of this section a member of an affiliated society shall be deemed to be a member of the affiliating society and loans due to the affiliated society shall be deemed also to be loan due to affiliating society to the extent that loans from the affiliating society to the affiliated society are outstanding and cannot be recovered from the affiliated society provided that not more than one demand certificate may be executed against a single loan.
(4) A copy of the Cooperative Demand Certificate prepared under this section shall be served in the manner prescribed upon the person from whom the amount is due.
(5) On receipt of a copy of the Cooperative Demand Certificate the person from whom the amount is due shall pay the same within a period of thirty days from the date of service of the certificate :
Provided that the period during which the payment is to be made may be extended by the Registrar for a period not exceeding thirty days for reasons to be recorded in writing.
(6} Any person violating the provisions of sub section(5) above shall, on conviction be punished with imprisonment of either description which may extend to six months or with fine which may extend to one thousand rupees or with both.
IX of
1908
Regula- tion 1 of
1886
Bengal Act 111 o f 191t Bengal * Act 111 ' of 1913.
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THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 4, 2012 423
REGISTRAR MAY
ORDER A
MEETING OF
CREDITORS
115. (1) Notwithstanding anything contained in this Act, where a compromise or arrangement is proposed between a registered society and its creditor or creditors or any class of them the Registrar, upon an application made by a registered society or by liquidator, in case of a society in respect of which an order has been passed for the winding up thereof, or by a creditor or creditors or any class of creditors may order a meeting of the creditors.
(2) If a majority number of creditors or the class of creditors, as the case may be representing claims to three-fourths of the debts due by the society to the creditor or class of creditors, at a meeting agree to any compromise or arrangement and and if the Registrar agrees to such compromise or agreement and gives his sanction then the compromise or the arrangement shall be binding on all the creditors or class of creditors and also on the society or on the liquidator in the case of a society in respect of which an order has been passed for the winding up thereof, and on all persons who may be required by the liquidator to contribute to the assets of the society.
PREVIOUS
SANCTION OF
RESERVE BANK
OF INDIA OR
NABARD IN
CERTAIN
MATTERS
SOCIETY TO BEA
BODY
CORPORATE
REGISTER OF
MEMBERS
ENTRIES IN
BOOKS OF
REGISTERED
SOCIETY SHALL
BE RECEIVED AS
PRIMA FACIE
EVIDENCE
CHAPTER -XII!
MISCELLANEOUS.
116. Notwithstanding anything contained in sections 12,13,14,15 in the case of a cooperative bank or an urban cooperative bank, no conversion, transfer, division, amalgamation, merger, dissolution shall take place save with the previous sanction in writing of the Reserve Bank of India, the National Bank for Agriculture and Rural Development Bank, as the case may be. Once a banking license is cancelled by the concerned authority, it is mandatory on the part of Registrar of Cooperative Societies to send it into liquidation.
117. Every registered cooperative society shall be deemed to be a body corporate by the name under which it is registered, with perpetual succession and a common seal, and with power to hold property, to enter into contracts, institute and defend suits and other legal proceedings and to do all things necessary for the purpose for which it was constituted.
118. Any register or list of members or shares kept by any registered society shall be prima facie evidence of any of the following particulars entered therein -
(a) the date on which the name of any person was entered in such register or list as a member, and
(b) the date on which any such member ceased to be a member.
119. (1) A copy of any entry in a book of a registered society, regularly kept in the course of business shall, if certified by the Chairman or Secretary of the society, be received in any suit or legal proceedings as prima facie evidence of the existence of such entry and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as the original entry itself is admissible.
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424 THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 4, 2012
SAVINGS OF
EXISTING
SOCIETIES
(2) No officer or liquidator of a registered society and no officer in whose office the books of a registered society are deposited after liquidation shall in any legal proceedings to which the society or the liquidator is not a party, be compelled to produce any of the society's books the contents of which can be proved under sub-section(l) or to appear as a witness to prove the matters, transaction and accounts therein recorded unless specially so directed by an order of the Court or the Arbitrator.
120. (1) Every society existing at the commencement of the Act which has been registered under the Cooperative Societies Act, 1949, shall be deemed to be registered under this Act, and its bye-laws shall, in so far as they are not inconsistent with the provisions of this Act, continue in force until altered or rescinded and shall to such extent be deemed to be registered under this Act.
(2) All appointment, rules and orders made, notification and notices issued, all transactions entered into and all suits and other proceedings instituted under the said Act shall continue and shall, so far as may be, deemed to have been respectively made, issued, entered into or instituted under this Act.
Assam
Act I of
1950
CONSTRUCTION
OF REFERENCE
TO ASSAM
COPERATIVE
SOCIETIES ACT,
1949
ACT VII OF 1913
NOT TO APPLY
ACTS OF
SOCIETIES, ETC.
NOT TO BE
INVALIDATED BY
CERTAIN
DEFECTS
121. All reference to the Assam Cooperative Societies Act, 1949 occurring in any enactment made by any authority in India and for the time being in force in Assam shall in the application of any such enactment thereto , be construed as reference to this Act, and anything done, or any proceeding commenced in pursuance of such enactment on or after the commencement of this Act shall be deemed to have been done or to have commenced and to have had effect as in the reference in such enactment to the Assam Cooperative Societies Act, 1949 had been a reference to this Act, and no such thing or proceedings shall be deemed to have been invalid on the ground that such enactment did not refer to this Act.
122. The provisions of the Indian Companies Act, 1913 shall not apply to registered societies.
123. (1) No act of a registered society or of a managing or controlling body or of any officer or liquidator done in good faith in pursuance of the business of the society shall be deemed to be invalid by reason only of some defect subsequently discovered in the organisation of the society or in the constitution of any such body or in the appointment or election of the officer or liquidator or on the ground that such officer or liquidator was disqualified for appointment.
(2) No act done in. good faith by any person appointed under this Act shall be invalid merely by reason on the fact that his appointment has been cancelled or in consequence of any order subsequently passed under this Act.
(3) The Registrar shall decide whether any act was done in good faith in pursuance of the business of a society.
Assam
Act I of
1950
Assam Act I of
1950
THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 4, 2012 425
POWER TO
ORDER
RECOUPMENT OF
EXPENDITURE
124 Notwithstanding anything contained in any other law for the time being in force the State Government may, by a general or special order, require every registered society or a class of registered societies to make contribution of such sum annually to be fixed by the Registrar towards the recoupment of administrative expenditure incurred by the Government in respect of inspection, supervision and guidance of a society or class of societies or of any service to such society or class of societies SUPER-SESSION
OF BOARD BY
REGISTRAR
i-r -
125. If in the opinion of the Registrar the Board of a cooperative society is persistently making default or is negligent in the performance of the duties imposed on it by this Act or the rules or the bye-laws or has committed any act which is prejudicial to the interests of the society or its members, or has omitted or failed to comply with any directions given to it or that there is stalemate in the constitution or functions of the Board, the Registrar shall cause an enquiry under section 87 or an inspection under section 88 and after giving the society an opportunity to state its objections, if any and after considering the objections, if received forward the enquiry/inspection report to the society for placing the report before the Annual General Meeting if due within 60 days from the date of receipt of the report by the society, or at a Special General Meeting to be convened specially for considering to take actions as suggested in the report under sub section
(5) of section 87 and sub section (4) of section 88. If no action as stated above is taken by the society within the stipulated period the Registrar shall by an order in writing supersede the Board and appoint one or more administrators or an adhoc committee from the department to manage the affairs of the society for such period not exceeding three months as may be specified in the order which period may at the discretion of the State Government be extended from time to time:
Provided that the total period of extension in any case shall not exceed six months . Such appointed person shall call a special general meeting and shall elect a new Board within the above period J*?WER TO SEIZE
r ' -CORDS OF
SOCIETY
126. (1) If the Registrar or any person authorised by him in this behalf, while making audit, inspection, inquiry or supervision, as the case may be believe or has reason to believe that the registered society is not keeping or maintaining the accounts, books and records of the society properly or finds or reasonably suspects gross negligence of duties misappropriation or misuse of fund of the society irregularity in recording proceeding or keeping accounts or books he shall have power to take possession of any or all books, registers or documents, cash in hand or accounts books of the society and remove such seized property as may be directed by the Registrar.
(2) The person seizing the property of the society under sub-section(l) shall prepare an inventory of the properties seized in duplicate with his signature and require the officer or member of the society from whose possession or custody the property is seized to put his signature in witness thereof and if such officer or member refuses to sign, then the person seizing the property shall call upon two or more persons to sign the seizure list. A copy of the list prepared under this section signed by the witnesses .shall be delivered to the officer of the society.
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4 26 THE ASSAM GAZETTE. EXTRA ORDINARY, FEBRUARY 4, 2012
POWER OF THE
MANAGING BODY
OF AN
AFFILIATING
SOCIETY TO
ENQUIRE INTO
THE AFFAIRS OF
A MEMBER
SOCIETY
(3) The Registrar shall take immediate steps in such case for audit or inspection and pass such orders as he may think fit.
(4) The Administrative Head of a Civil Sub-division or administrative area shall give police help to all officers mentioned in sub-section(l) of this section when sought for.
127 When a registered society takes a loan from an affiliating society and defaults payment of the debt on any installment thereof any member of the managing body of the affiliating society, may examine and look into the accounts and working of such borrowing society and report the result of his inquiry or examination particularly with reference to the said loan to the affiliating society and may recommend any suggestion in his report. The borrowing society shall furnish such information and produce such documents, books and accounts as the member of the managing body may require.
LIMITATION 128. (1) Notwithstanding any of the provisions of the Indian Limitation Act, 1908, , , , the period of limitation for the institution of a claim to recover any sum, A 0 including the interest thereon, due to a registered society by a member
thereof shall be computed from the date on which such member dies or
ceases to be a member of a society.
INFORMATION
AND RETURNS
TO BE FILED
WITH REGISTRAR
(2) The Indian Limitation Act,1908, shall not apply to any debts or liability X of due by any member, past member or deceased member to any society 1908 in respect of which an order of dissolution has been passed under this Act.
A
129. (1) Every year within thirty days of holding of the Annual General Meeting, the Board shall file the following information with the Registrar
(a) annual report of activities ;
(b) annual financial statements of accounts as audited with s auditor's report thereon ; Y v
(c) statistical statements indicating name of the cooperative society, services offered by the cooperative society to the members, total number of members as on the last day of the financial year;
(d) Total liabilities expressed as-
(I) funds from members and surpluses;
ii) funds from other external sources as on the last day of the financial year;
(iii) quantum of rupees or services provided to members and non members, and surplus or deficit at the end of the financial year; and
(e) annual disposal of surplus or management deficit.
(2) Along with the returns specified in sub section (1) every cooperative society shall furnish the following information to the Registrar
(a) the date of Annual General Meeting at which the returns to be filed with the Registrar were considered or approved;
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THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 4, 2012 427
(b) the total number of members on the rolls of the cooperative society who were eligible to vote on the date of such Annual General Meeting;
(c) the number of eligible members present at such Annual General Meeting ;
(d) list of names of Directors with addresses and terms of office :
(e) name and address of the internal auditor appointed for internal audit of the society for the current financial years accounts ;
(f) any other relevant and special information required by the Registrar to enable him to decide whether the cooperative society has conducted its affairs in accordance with the cooperative principles mentioned in Schedule A and the provision of this Act and the bye-laws.
(3) If the returns and information as specified under sub-section (1) and (2) are not filed or furnished to the Registrar within the period specified under sub-section (1) shall be treated as an offence under this Act and the Board shall be penalised in accordance with provisions of this Act. „POWER TO
EXEMPT
'SOCIETIES FROM -THE OPERATION
OF THE ASSAM
MONEY LENDERS
ACT ■
POWER TO MAKE
RULES
130. The State Government may by a notification in the Official Gazette, exempt a registered society from any or all the provisions of the Assam Money Lenders Act, 1934 for the time being in force
REPEAL AND
SAVING
Assam Act IV of 1934
131. (1) The State Government may, after previous publication, make rules for carrying out the purpose and objects of this Act, and such rules may provide a penalty not exceeding five thousand rupees for a breach thereof.
(2) Every rule made under this section shall be laid as soon as may be after it is made before the Assam Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, the Assam Legislative Assembly agree in making any modification in the rule or the Assam Legislative Assembly agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, 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.
132. (1) The Assam Cooperative Societies Act, 1949, is hereby repealed.
(2) Notwithstanding such repeal, anything done, any action taken, any order passed by any authority or any penalty imposed under the said Act shall be deemed to have been done or taken under the corresponding provisions of this Act.
Assam
Act I of
1950
428 THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 4, 2012
• SCHEDULE-A
(see section 4(1), 25)
COOPERATIVE PRINCIPLES
The co-operative principles are guidelines by which co-operative societies put their values into practice.
1st Principle : Voluntary and open Membership. Co-operative societies are voluntary organisations , open to all persons able to use their service and willing to accept the responsibilities of membership, without gender, social, racial, political or religious discrimination.
2nd Principle : Democratic Member Control. Co-operative societies are democratic organisations controlled by their members, who actively participate in setting their policies and making decisions Men and women serving as elected representatives are accountable to the members. In primary co- operative members have equal voting rights (one member, one vote) and cooperative society at other levels are also organised in a democratic manner.
3rd Principle : Member Economic Participation . Members contribute equitably to and democratically control, the capital of their cooperative societies. At least part of that capital is usually the common property of the co-operative. Members usually receive limited compensation, if any, on capital subscribed as a condition of membership. Members allocate surpluses for any or all of the following purposes : developing their co-operative societies, possibly by setting up reserves, part of which at least would be invisible, benefiting members in proportion to their transaction with the co-operative society, and supporting other activities approved by the members.
4th Principle : Autonomy and Independence. Co-operative societies are autonomous, self-help organisations controlled by their members. If they enter into agreements with other organisations , including Governments,or raise capital from external sources, they do so on terms that ensure democratic control by their members and maintain their co-operative autonomy.
5th Principle : Education,Training and Information. Co-operative societies provide education and training for their members, elected representatives, managers, and employees so they can contribute effectively to the development of their co- operative societies.They inform the general public- particularly young people and opinion leaders - about the nature and benefits of co-operation.
6th Principle : Co-operation among Co-operatives Societies. Co-operative societies serve their members most effectively and strengthen the co-operative movement by working together through local , national, regional and international structures.
7th Principle : Concern for Community. Co-operative societies work for the sustainable development of their community through policies approved by their members.
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THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 4, 2012 429
SCHEDULE-B
(SEE SECTION 9)
Subject matter for specific consideration when framing bye laws.
1. Identity of the cooperative society.
(a) the name of the cooperative
(b) the village/town/city where the head office of the cooperative society is to be located
(c) the custody and use of the common seal
(d) the area of operation from where the membership is to be drawn.
2. Aim and services
(a) the aim of the cooperative society explicitly stated as a common need of the members which the cooperative society aims at fulfilling
(b) key service and support services to members to fulfil the common need stated in the aim
(c) the conditions under which services may be provided to non- membership.
3. Membership
(a) eligibility .ineligibility for obtaining membership
(b) eligibility, ineligibility for continuing membership
(c) procedure for obtaining membership
(d) procedure for withdrawing membership
(e) procedure for termination of membership
(f) circumstances under which membership ceases
(g) procedure for cessation of membership
4. Member rights and obligations
(a) the rights of members
(b) manner of fixation of minimum performance expected annually of each member vis-^-vis use of services, financial commitment, participation in meetings and adherence to bye-laws ,in order to be eligible to exercise the rights of membership including the right to vote
(c) the consequences of performing below the minimum level fixed
(d) the consequences of default in payment of any sum due by a member.
5. General Body
(a) the role of the general body and of the delegate General body, if any, and subjects which must be dealt with by the general body, and by the representative general body, if any
(b) the manner and frequency of convening general meetings, the mode of communication of the intimation of these meetings and quorum required
(c) the minutes of proceedings of general meetings
6. Board of Directors
(a) The size and composition of the Board of Directors
(b) Eligibility, ineligibility for becoming director
(c) Eligibility, ineligibility for retaining directorship
(d) The procedure for election including the appointment of election officer, removal of directors, the election of the President, Vice President, and representative and filling of casual vacancy
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430 THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 4. 2012
(e) The terms of office of the directors
(f) The frequency of board meetings
(g) The manner of convening board meetings, and quorum
(h) The functions, responsibilities and powers of the board
(i) The minutes of proceedings of board meetings
(j) The functions, responsibilities and powers of directors
7. Chief Executive and staff
(a) the person to sue or be sued on behalf of the cooperative society.
(b) the manner of appointment and removal of chief executive
(c) the functions, responsibilities and powers of the chief executive
8. Finances
(a) the financial year which the cooperative society wishes to adopt
(b) the manner of appointment of auditors and their duties
(c) the manner of appointment of internal auditors and their duties
(d) the nature and amount of equity capital, if any, of the cooperative society
(e) the maximum capital which a single member can hold
(f) the types and extent of funds to be raised
(g) the purposes for which the funds raised by the cooperative society may be applied
(h) the debt-equity ratio that the cooperative society wishes to maintain at all times, and the maximum external debt that a cooperative society wishes to permit itself at any point of time
(i) procedure for transfer of shares or interest by a member
(j) procedure for redemption of shares by the cooperative society
(k) procedure for transfer or payment of interest on death of member
(l) the nature and extent of the liability of the members for the debts contracted by the cooperative society
(m) the nature and extent of the liability of the directors for the debts contracted by the cooperative society
(n) the manner of disposal of funds if under liquidation
9. Secondary cooperative societies
(a) the rights, if any, which the cooperative society wishes to confer on any secondary cooperative society of which it is a member, and the circumstances under which these rights may be exercised by such secondary cooperative society
(b) the procedure of appointing and changing representative to secondary cooperative society.
10. Other matters
(a) the manner of making or amending bye-laws
(b) the manner of constitution and functioning of arbitration council along with the qualification of the members for settlement of disputes
(c) the manner of dissolution of the cooperative society
(d) the language in which the affairs of the cooperative society are to be conducted
(e) refunding of loan, guarantee, share capital, grant or subsidy received from Government
(f) other matters which the provisions of this Act requires to be provided by bye- laws.
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THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 4, 2012 431
Schedule C
Form (see Section 114) Cooperative Demand Certificate granted under Section 114(1) of the Assam Cooperative Societies Act, 2007
(To be realized as an arrear of land revenue by the authority within whose jurisdiction the judgment debtor's property is situated) Case no .____________ of 20
District/ sub- division
In the matter of
Versus
«\r
(1) Whereas as a result of my enquiry I decide that a sum of Rs................................ (Rupees. .......................................................................................... ) by way of ...................................................... under section 102 (1) of the Assam Cooperative Societies Act, 2007 and a sum of
Rs....................................... ( Rupees ................................................... ) by way of interest upto..................... is/ are due from you and you have not paid.
Or
Whereas .................................................... has made a
reference in writing to me complaining/ determining that a sum of Rs
.................................. (Rupees................................................... ) by way of .......................................... under section .............................. of the Assam Cooperative Societies Act, 2007 and a sum of Rs.
..................... (Rupees................................................................... ) by way of interest upto............................. is/are due from you and you have evaded payment of the same.
(2) And whereas a notice of demand calling on you to pay the dues within the specified time was served with notice to show cause.
(3) And whereas you have not paid up your dues specified in the notice.
(4) And whereas you have not submitted explanation/ your explanation is unsatisfactory.
(5) Now, therefore I under the authority of the sub section (1) of Section 102/..................of the Assam Cooperative Societies Act, 2007 read with the sub- section (1) of Section 114 of the Assam Cooperative Societies Act, 2007 do hereby order that the above mentioned sum of Rs................................................................. (Rupees.............................).
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432 THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 4, 2012
(6) I further order that the title and interest of ............................... in the properties set out and described in the schedule below be soid as an arrear of land revenue under the provisions of Assam Land and
Revenue Regulation Act, 1886 (Regulation I of 1886) and that, if the sale proceeds should be found insufficient to discharge the dues with subsequent interest at the above rate till the date of realization and costs in full .the balance be realized by attachment and sale of the other movable property of judgment- debtor as an arrear of land revenue
(7) Further take notice that if you fail to pay the amount as ordered above within a period of thirty days from the date of service of Certificate you shall also be liable to prosecution under sub section(6) of section 114 of the Assam Cooperative Societies Act, 2007 in addition to other measures for the recovery of the amount payable by you.
Schedule
Dated Guwahati/.............. The......................... Registrar of Cooperative Societies, Assam N.B. The irrelevant words/ portions may be struck off and the relevant entries may be made where necessary.
MOHD.A.HAQUE,
Secretary to the Govt, o f Assam, Legislative Department, Dispur. G uw ahatiP rin ted and Published by the Dy. Director (P & S), Directorate of Ptg. & Sty. Assam, Guwahati-21. Ex. Gazette No. 115-600 + 300+10-4-02-2012.
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