MULTI-STATE CO-OPERATIVE SOCIETIES RULES, 2002
.—(1) These rules may be called the Multi-State Co-operative Societies Rules, 2002.
(2) These rules shall come into force on the date of their publication in the Official Gazette.
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1. Vide G.S.R. 790(E), dated 2nd December, 2002, published in the Gazette of India, Extra., Pt. II, Sec. 3(i), dated 2nd December, 2002.
In these rules, unless the context otherwise requires,—
(i) “Act“ means the Multi-State Co-operative Societies Act, 2002 (39 of 2002);
(ii) “authorised officer” means an officer authorised by the Central Government for the purpose of section 103 of the Act;
(iii) “decree” means any decree of a civil court and includes any decision or order referred to in section 94 of the Act;
(iv) “decree holder” means any person holding a decree as defined in clause (iii);
(v) “defaulter” means any multi-State co-operative society, any co-operative society, member or any other person committing default;
(vi) “Form” means a
.—(1) An application for registration of a multi-State co-operative society under sub-section (1) of section 6 shall be made in Form I and shall, subject to the provisions of sub-section (2) of section 6 and sub-rules (2), (3), (4) and (5) of these rules be signed by the applicants and be accompanied by—
(a) four copies of the proposed bye-laws of the multi-State co-operative society, duly signed by each of the persons who sign the application for registration;
(b) a list of persons who have contributed to the share capital, together with the amount contributed by each of them, and the admission fee paid by them;
(c) a certificate from the bank or banks stating the credit balance in favour of the proposed multi-State co-operative society;
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1) On receipt of an application under rule 3, the Central Registrar shall enter the particulars of the application in the register of applications to be maintained in Form II, give a serial number to the application and issue a receipt in acknowledgement thereof.
(2) If the Central Registrar is satisfied that the proposed multi-State co-operative society has complied with the requirements of the Act and the rules, he may register the society and its bye-laws.
(3) Where the Central Registrar registers a multi-State co-operative society, he shall issue to the said society a certificate of registration signed by him and bearing his official seal containing registration number and date of registration of the said society. The Central Registrar shall also issue, alongwith the certificate of registration, a certified copy of the bye-laws, as a
.—(1) The order of refusal to register a multi-State co-operative society referred to in sub-section (3) of section 7 shall be communicated through registered post to the person referred to in clause (e) of sub-rule (1) of rule 3, of the proposed society.
(2) The manner of communication of orders refusing the registration under sub-rule (1) shall be the conclusive proof for refusal of the registration of the proposed society.
Every multi-State co-operative society applying for registration under this Act may make bye-laws consistent with the provisions of this Act and the rules made thereunder and model bye-laws, if any, framed by the Central Registrar. The subject matter of the bye-laws shall be as provided in section 10 and other relevant provisions of the Act and rules made thereunder. In addition, the bye-laws may also include,—
(i) Procedure and manner of redemption of shares.
(ii) The provisions of office bearers of the society, the terms and conditions, their functions and responsibilities other than those specified in the Act.
(iii) Constitution of various funds as required under the Act and Rules.
(iv) Rate of dividend subject
.—(1) Any municipal solid waste generated in a city or a town, shall be managed and handled in accordance with the compliance criteria and the procedure laid down in Schedule II.
(2) The waste processing and disposal facilities to be set up by the municipal authority on their own or through an operator of a facility shall meet the specifications and standards as specified in Schedules III and IV.
.—(1) The State Boards and the Committees shall prepare and submit to the Central Pollution Control Board an annual report with regard to the implementation of these rules by the 15th September every year in Form IV.
(2) The Central Pollution Control Board shall prepare the consolidated annual review report on management of municipal solid wastes and forward it to the Central Government alongwith its recommendations before the 15th December every year.
.—(1) Every multi-State co-operative society shall maintain at its registered address a registration file containing,—
(a) the certificate of registration;
(b) the registered bye-laws;
(c) all registered amendments to the bye-laws alongwith the certificates of registration of amendments;
(d) a copy of the Act and the rules.
(2) The registration file shall be kept open for inspection at all times during working hours to the Central Registrar or any other officer authorised by him or any member of the multi-State co-operative society.
.—(1) The name of a multi-State co-operative society may be changed after following the procedure given in section 11, however, that it does not refer to any caste or religion denomination and is not inconsistent with the objects of the multi-State co-operative society.
(2) Every change in the name of the multi-State co-operative society shall be made by an amendment of its bye-laws.
(3) After the change in the name is approved by the Central Registrar the multi-State co-operative society shall send the original registration certificate for amendment to the Central Registrar who shall return the same to the multi-State co-operative society duly amended.
.—(1) No person shall be admitted as a member of a multi-State co-operative society unless,—
(a) he has applied in writing in the form, if any, laid down by the multi-State co-operative society or in the form specified by the Central Registrar, if any, for membership;
(b) his application is approved by the board of the multi-State co-operative society;
(c) he has purchased the minimum number of shares and paid the value thereof in full or in part in such calls as may be laid down in the bye-laws of the multi-State co-operative society;
(d) he has fulfilled all other conditions laid down in the Act, the rules and the bye-laws;
(e) in the case of a multi-State co
.—(1) The federal co-operative societies may be classified with reference to the nature of their activities. Not more than one federal co-operative society shall be registered in similar and identical objects in same area of operation.
(2) The federal co-operatives for the sake of promotion of their constituent members will make suitable provisions in their bye-laws to avoid competition with the member societies.
.—(1) Every multi-State co-operative society, shall hold the annual general meeting of its members not later than a period of six months after the close of co-operative year. All the general meetings shall be called at the principal place of the society.
(2) Without prejudice to the provisions sub-section (3) of section 38 of the Act, a multi-State co-operative society with a membership exceeding one thousand may provide in its bye-laws for the constitution of a smaller body. The small body so constituted shall exercise all such powers of the general body as may be specified in the bye laws.
The first general meeting of the society shall be held within six months of the registration of the society by the promoter members for the election of the board of directors. The interim board selected by the applicants for the registration of a multi-State co-operative society shall hold office till the regular board is elected.
.—(1) Annual general meeting of a multi-State co-operative society may be called by giving not less than fourteen days notice in writing.
(2) Special general meeting of a multi-State co-operative society may be called by giving not less than seven days notice in writing.
(3) When a general meeting is called by the Central Registrar or any person authorised by him under sub-section (2) of section 39 or a special general meeting under sub-section (2) of section 40, he may determine—
(i) the period of notice of such meeting which shall not be less than seven days;
(ii) the time and place of such meeting; and
(iii) the subjects to be considered in such meeting.
.—(1) Unless otherwise provided in the bye-laws, the quorum for a general meeting shall be one-fifth of the total number of members of the general body of a multi-State co-operative society.
(2) No business shall be transacted at any general meeting unless there is a quorum at the time when the business of the meeting is due to commence.
(3) If within half an hour from the time appointed for the meeting a quorum is not present, the meeting shall stand adjourned:
Provided that a meeting which has been called on requisition of the members shall not be adjourned but dissolved.
(4) If at any time during the meeting sufficient number of members are not present to form the quorum the Chairperson or the member presiding over the meeting on his own, or on h
.—(1) All resolutions which are put to vote at the general meeting shall be decided by a majority of the members present and voting unless otherwise required under the Act, these rules or the bye-laws of the multi-State co-operative society. Every society shall provide in its bye-laws the procedure and manner of voting and other matters connected therewith.
(2) In the event of an equality of votes, the Chairperson of the meeting, shall have a second or casting vote.
Minutes of the proceedings of the general meeting shall be entered in a minutes book kept for the purpose and shall be signed by the Chairperson and Chief Executive of the meeting. The minutes so signed, shall be an evidence of the correct proceedings of that meeting.
.—(1) The election of members of the board shall be conducted by a returning officer appointed by the board in its meeting. The returning officer so appointed shall not be a member or an employee of the society:
Provided, that the Central Registrar shall appoint the returning officer to conduct the election of the National multi-State co-operative societies, multi-State urban co-operative banks, multi-State agricultural processing co-operatives and Railway Employees Credit Societies. The Central Registrar may also appoint returning officer for conduct of election of a society if so requested by the Board of Directors of such society.
(2) The election of the members of the board referred to in sub-rule (1) shall be conducted by secret ballot in the manner as specified in the Schedule attached with these rules.
.—(1) The election of the office bearers of the board shall be conducted as per the programme given in the election schedule.
(2) The eligibility of the candidates for the election of office bearers shall be subject to the provisions contained in sections 43 and 44 of the Act.
.—(1) The Multi-State Co-operative Societies (Registration, Membership, Direction and Management, Settlement of Disputes, Appeal and Revision) Rules, 1985 and the Multi-State Co-operative Societies (Privileges, Properties and Funds, Accounts, Audit, Winding up and Execution of Decrees, Orders and Decisions) Rules, 1985 are hereby repealed.
(2) Notwithstanding such appeal, anything done or any action taken under any of the rules so repealed shall, unless such thing or action is inconsistent with the provisions of these rules, be deemed to have been done or taken under the corresponding provisions of these rules.
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