Kerala Cooperative Societies Rules, 1969
These Rules may be called the Kerala Co-operative Societies Rules, 1969.
In these Rules, unless the context otherwise requires,
(a) "Act" means the Kerala Co-operative Societies Act, 1969.
B[(ai) "Audit Team" means a team of auditors appointed by the Director of Co-operative Audit as stipulated under sub-section (9) of section 63 of the Act.]
A[(aa) "Co-operative Member Relief Fund" means the Co-operative Member Relief Fund constituted under Section 56(1)(c) of the Act]
C[(ab) "Co-operative Revival Fund Scheme" means the Co-operative Revival Fund Scheme constituted under section 57E of the Act.]
(b) "Decree" means any order, decision or award referred to in Section 76 of the Act.
(c) "Decree Holder" means any person holding a decree 1[or legal assignees of the decree.]
(d) "Default" means failure on the part of any person, to repay to the financing bank or to any other society a loan or any other amount due to it within the time fixe
(1) Every application for registration of a Society under sub-section (1) of Section 6 shall be made in duplicate in Form No.1 be accompanied by-
(a) three copies of the proposed bye-laws of the society;
4[x x x x]
(c) a list of persons in duplicate who have contributed to the share capital, together with the amount contributed and the entrance fee paid by each of them;
2[(d) the scheme showing the details as to the soundness of the proposed business of the society; and
(e) such other information and documents as may be required by the Registrar].
(2) When the applicants are individuals, the application shall be signed by not less than 25 persons each of such persons being a member of a different family.
(3) Where any member of a society to be registered is a registered society, a member of the committee of such registered society shall be authorised by the committee of that society by a resolution, to sign the
(i) On receipt of an application under rule 3, the Registrar shall enter particulars of the application in the register of application to be maintained in Form 2 give a serial number to the application and issue a receipt in acknowledgement thereof:-
(ii) The Registrar shall then examine the application and the bye-laws in order to satisfy that the conditions specified 3B[in clauses (a) to (f),] of section 7 and rule 3 are satisfied.
(iii) The Registrar may call for such further information or make such enquiry as he may deem necessary or direct the Chief Promoter to make such modifications in the proposed bye-laws as he may deem fit. The Chief Promoter shall there upon furnish such information or make such modifications in the proposed bye-laws as the Registrar may direct with the consent of the applicants within a period to be specified by him.
(iv) If the Registrar is satisfied that the proposed Society has complied with the above requirements
The certificate to be issued by the Registrar under sub-section (2) of Section 8 shall be in Form No. 3A.]
In the event of change of name of a society, the certificate to be issued by the Registrar under sub-section (2) of section 10 shall be in Form No. 3B of Appendix II to this Rules.]
(1) The bye-laws of a society shall not be contrary to the provisions of the Act and these Rules and may deal with all or any of the matters specified below and with, such other matters incidental to the organisation of the society and the management of its business, as may be deemed necessary:-
(a) the name and address of the society and its branches if any;
(b) the area of operation;
(c) the objects of the society
(d) the manner in which and the limit up to which the funds of the society may be raised, the maximum share capital which one member may hold and the purpose to which the funds would be made applicable;
(e) the terms and qualifications for admission to membership, the payment, if any to be made or interest to be acquired as a condition precedent for exercising the right of membership;
(f) the privileges, rights, duties and liabilities of members including nominal and associate members;
(g) the nature and extent of the l
(i) It shall be competent to the Registrar to frame bye-laws for each class or classes of societies and to suggest modifications thereto from time to time;
(ii) Such model bye-laws shall be adopted by a society with such modifications, if any, as may be suggested by the society and agreed to by the Registrar.
Every society shall commence working within a period of six months of its registration. Registrar may give further extension not exceeding six months if in his opinion such extension is necessary.
Explanation.-- For the purpose of this rule the society shall be deemed to commenced working if it has held the first general body meeting after its ration and admitted members and has allotted shares.
(1) Within three months from the date of registration of a Society the Chief Promoter thereof, shall convene the first General Meeting of all persons who had signed the application for registration of the society. Where the Chief Promoter fails to convene the meeting as aforesaid, it be convened by any person authorised in that behalf by the Registrar.
(2) At the first general body meeting, the following business shall be transacted;
(i) Election of a President for the meeting;
6[(iA) Reading and recording of the registered bye-laws of Society];
(ii) Admission of members and allotment of shares;
(iii) Receiving a statement of accounts and reporting all transaction entered into by the Chief Promoter;
(iv) Passing budget for the working of the society for the year, if any
(v) Any other matters connected with the working of the society.
A notice of the General Body Meeting stating the place, date and hour of the meeting together with the agenda shall be given to every member at least fifteen clear days before the date of the meeting in the manner specified in the bye-laws:
Provided that in urgent cases, General Body Meeting can be convened by giving notice, less than a period of fifteen clear days.]
*(i) Every proposal for amendment to the bye-laws of a society shall be made only by a resolution passed by a 2/3 majority of the members present and voting. Such resolution shall be forwarded to the Registrar within one month from the date of the General Body meeting at which such amendment was passed provided that the Registrar may condone the delays, if any, for sufficient cause.
7[(ii) No such resolution shall be valid in the case of a society having not more than one thousand members, unless intimation of the amendment proposed has been given to the members of the society in person and their full signature in token of having received the same has been obtained or by registered post or speed post or such courier services approved by the High Court of Kerala or the Government of Kerala and in other cases, it shall be sufficient if the date, time, place and agenda of such General Body Meeting are published in two vernacular dailies having wide circulation within
x x x x]
(1) A Register in Form No.4 showing the number name and address of all societies registered under this Act and the date on which its bye-laws or the amendments thereto are registered.
(2) A copy of each of the bye-laws of the Societies registered by him, the amendments to bye-laws as and when registered should be filed along with the original bye-laws.
Without prejudice to rule 9 no amendment to the bye-laws of a society changing its liability from un-limited to limited under Section 11 shall be registered unless;
(i) the amendment has been approved by a resolution passed by a 2/3 majority of the members present and voting at a meeting of the general body specially called for the purpose of which at least seven clear days' notice has been given to all its members; and
(ii) the claims of all the members and creditors who have exercised the option referred to in clause (b) to sub-section (4) of that section within the period specified therein have been satisfied.
(1) Every co-operative society desiring to effect amalgamation, 7F[merger,] transfer of assets and liabilities or division shall convene a meeting of a special general body, called for the purpose, giving fifteen clear days notice and pass resolution, for amalgamation, 7G[merger,] transfer of assets and liabilities or division as the case may be, by a 7H[simple majority] of the members present and voting at that meeting:
Provided that in the case of an insured co-operative bank, no resolution shall be passed without the prior approval in writing of the Reserve Bank of India and in the case of an assisted society, no resolution shall be passed without the prior approval of the Registrar. In the case of amalgamation 7I[merger,]or division, the resolution shall include the scheme and the draft bye-laws proposed for adoption, consequent on the approval of the proposals. The draft bye-laws shall include provisions of appointment of the f
(1) More than half in nominal value of equity shares of the subsidiary institution shall be held by the promoting society and it shall be maintained throughout the existence of such subsidiary institution.
(2) The subsidiary institution shall convene Annual General Body meeting as per the provisions by which it is registered and the annual reports and audit report shall be placed before the General Body Meeting of the promoting society in each year, along with the audit findings of the auditors of the Co-operative Department conducted in the subsidiary institutions as per sub-section (2C) of Section 14AA of the Act.
(3) Any financial assistance to the subsidiary institution by way of share capital contribution or financial assistance by the promoting society shall be met from the balance net profit of the society as provided under sub-section (2) of Section 56 of the Act. A promoting society may grant further financial assistance to the subsidiary institution only by w
(1) The Registrar shall verify the feasibility and practicability of the detailed project report and application submitted by the societies for the approval of the Partnership.
(2) The annual accounts of partnership of societies shall be audited by a team of auditors appointed by the Director of Co-operative Audit. The audit team shall be constituted from among the team of auditors appointed for the audit of each societies of the partnership. The inspection and verification of records of the partnership shall be conducted by the inspection team constituted under sub-section (2A) of section 66 of the Act, at least once in a year or, as and when required, as per the direction of the Registrar.
(3) Funds required for the formation and functioning of partnership shall be mobilized from the partner societies without affecting the financial stability of the societies. The partnership shall submit the application for raising of funds in accordance with project report and shal
x x x x]
After the registration of a society the Registrar shall classify the society into one or other of the following types according to the principal object provided in the bye-laws:--
| Type | Examples | |||
| 1. | Credit Societies | |||
| A. | ||||
(1) No person shall be admitted as a member of a society unless
(a) he has applied in writing in the form if any laid down by the society;
(b) his application is approved by the committee of the society;
(c) he has fulfilled all other conditions laid down in the Act, Rules and Bye-laws;
(d) in the case of other societies or a body of persons, whether incorporated or not, and any statutory or non-statutory Board approved by the Government, Committee or Corporation constituted for the development of any industry the application membership shall be accompanied by a resolution authorising apply for such membership.
(2) No person shall be eligible for admission as a member of a Society, if he,-
(a) has not attained the age of 18 years;
8E[(aa) in the case of youth co-operative societies has attained the age of forty-five years;]
(b) is not a resident of or does not own or possess land within area of operation of the socie
(1) A person admitted as a member of a Society shall be issued with an identity card, in form 6A, which shall be conclusive evidence to prove his membership in the Society. The member shall furnish two copies of his recent photograph of passport size to the Society. Copies of the photograph shall be attested by the Chief Executive of the Society or an officer specially empowered in this behalf by the Committee of the Society and one copy of the duly attested photograph shall be affixed in the identity card and the other copy shall be affixed in the Register in Form 6B maintained for the purpose. The identity card shall also bear the seal of the Society.
(2) An existing member shall, within one month from the date of commencement of these rules, furnish to the society concerned two copies of his recent photograph of passport size and the Society shall issue identity card to him within a period of fifteen days from the date of receipt of the photograph:
Provided that the
(1) A member who fails to obtain his identity card as provided in R.16A may apply to the Chief Executive or such other officer specially empowered in this behalf by the Committee of a Society for the issue of an identity card.
(2) On receipt of an application under sub-rule (1) the officer specified therein may, if satisfied himself, after such inquiry as he deems fit, as to the correctness of the facts and particulars furnished in such application, issue an identity card to the applicant.
(3) Where such officer is of opinion that the identity card should not be issued, he shall, after affording reasonable opportunity to the applicant to be heard, make an order rejecting the application.
(4) The order shall record the reasons for the refusal and shall be communicated to the applicant.
(1) Where an identity card issued to a member under the preceding rules has been lost, defaced or accidentally destroyed or damaged, a duplicate thereof may be issued on application, if the officers specially empowered in this behalf by the Society, is satisfied himself, after such inquiry as he deems fit, about the correctness of the facts and particulars furnished in such application:
Provided that no application shall be rejected without giving the applicant an opportunity of being heard.
(2) Where the original of an identity card for which a duplicate was issued has been recovered later, such original shall be surrendered to the Society for safe custody.
(1) If any Society refuses to issue identity card to any member the aggrieved person may appeal to the Registrar within fifteen days from the date of receipt of the order of such refusal 1[with a chalan receipt of Rupees Fifty along with the application] and the Registrar, shall dispose of such appeal within thirty days of receipt of the appeal.]
(1) An application for affiliation to the Central Society or Apex Society shall be in form No. 31 of Appendix II of these rules and shall be submitted by registered post with acknowledgement due.
10B[(1A) In the case of Anand Pattern Milk Co-operative Societies having a regular elected managing committee and doing the business of milk procurement and sales within the area of operation of the Regional Co-operative Milk Producers' Union, shall apply for affiliation to their respective Central or Apex Societies in Form no.31of Appendix II of these rules and shall be send by registered post with acknowledgment due.]
(2) The concerned Central Society or Apex Society shall dispose the application for affiliation as specified in sub-section (2) of section 8A of the Act.
(3) Applications for affiliation already made to Central Society or Apex Society before the commencement of these rules and on which no decision has been taken by the concerned apex society o
Only an active member having the qualifications specified in sub-section (1) of section 16B of the Act shall be eligible to become a member of the committee of an Anand Pattern Milk Co-operative Society and to continue as a member of such committee.]
In a society formed for the promotion of the economic interest of its members through a specified activity or in a society formed exclusively for the benefit of persons engaged in any particular industry, no person other than one who is likely to be benefited directly by such action or an actual worker in the industry as the case may be shall be admitted in excess of the limit that may be specified in the bye-laws or in case is excess of 10 per cent of the total number of members in the society.
A member who has acted adversely to the interest of the society 1[or has failed to comply with the provisions of the bye-laws] may be expelled from the society as per S.17, adopting the following procedure:-
(a) Where any member of a society proposes to bring a resolution for expulsion of any other member he shall give a written notice thereof, to the Chairman of the society. On receipt of such notice or when the Committee itself decides to being in such resolution, the Committee shall send a registered notice to the concerned to furnish his explanation, if any, in the matter within 15 days date of receipt of the notice. The member shall also be given an opportunity for being heard in person, if he so desires.
(b) On obtaining the explanation, if any, and on being heard in person so desires and on giving opportunity to the complainant, to substantiate allegation or after taking into consideration any written representation which might have sent to the Commit
(1) No member shall be eligible to continue to be a member of a co-operative society if he is not using the services of the society for two consecutive years in the following manner:
(a) In case of a credit society, a member who has made a deposit or has become a borrower or surety or availed or purchased products or any other services made available by such society as specified in the bye-laws;
(b) In the case of any other society, a member who has involved in anyone of the objects specified in the bye-laws or has availed the products or using the service made available by such co-operative society as specified in the bye-laws;
(c) In the case of Central or Apex Societies/Banks/Federation, if the member society has not borrowed the amount from such Central or Apex Societies/Banks/Federation/and in the case of Apex societies Banks/Federations where the main object is to lend the amount to the member societies or if the member society is not using
A member shall be deemed to have exercised his right to vote at an election of the Committee of the society, if 1[x x x x] he expresses choice in favour of such number of persons as are to be elected 2[or in favour lesser number of persons to be elected].
The payment to acquire right of membership shall include--
(i) Admission fee
(ii) Subscription to share capital
(iii) any other payments required to be made under the bye-laws.
If a member dies, the sum representing the value or his share or interest in the capital of the society payable to his nominee, heirs or legal representative, as the case may be, shall be ascertained in the following manner:-
(i) In the case of a society with unlimited liability it shall be the actual amount received by the society in respect of such share or interest;
(ii) In the case of a society with limited liability it shall be the actual amount received by the society in respect of such share or interest.
The shares of a society shall not be hypothecated to that society or any other society by the members as a security for a loan.
(1) A member of a society may nominate a person to whom, in the event of his death, his share or interest in the capital of the society shall be transferred or the value thereof or any other moneys due to him from the society shall be paid. Such member may from time to time vary or revoke such nomination and any other nomination made in accordance with the rules.
(2) The nomination made for the purpose shall be-
(a) in writing signed by the member making it, and attested by at least two witnesses, each of whom has seen the member signing it, and
(b) registered in the books of the society kept for the purpose.
(1) Any person may on payment of fees at the rates as may be prescribed by the Registrar obtain a certified copy of any public document not being a document privileged under the Evidence Act, filed in the office of the Registrar, provided that no such person shall be entitled to the supply of such copy unless he satisfies the Registrar that he requires it to seek redress in any matter in which he is aggrieved or for any other lawful purpose.
(2) The application fee shall be paid in the shape of Court Fee Stamps.
(3) Along with every application for copies, copying sheets of the prescribed value for preparing the copies shall be supplied.
Note.-- Each statement, account, report, petition, order or the like shall be treated as a separate document and shall be written on separate copying stamp paper.
(4) Copies must be transcribed only on the front page of every copying paper.
13A[(1) Any member of a registered society may, at any time during office hours either by himself or by an agent who is a member specifically authorised by him in writing, inspect accounts of the society in so far as they relate to his transactions, the summary of defects included in the latest statutory audit report along with the rectification report approved by the Committee and the General Body of the society.]
13B[(1A) A Member shall be entitled to get a true copy of the documents mentioned in sub-rule (1) on submission of application and on payment of a fee of rupees three per each page of the documents.]
(2) The member shall pay to the society a fee for inspection at the rates specified in the bye-laws provided that such rates shall not in any case exceed:
(a) 13[Rs.25] for any one Co-operative year to which the accounts to be inspected relate.
(b) 13[Rs.15] for every such additional Co-operative year.
16[(1) No society shall admit members or approve the transfer of shares within sixty days prior to the date of election or the date of the general body meeting];
(2) Any person admitted as member and any person in whose favour the transfer of shares have been approved in contravention of this rule shall not have the right to membership or the right to vote at the said a 17[election or at the general body meeting].
17B[(1) A person applying for admission as a member of any credit society (not being a Financing Bank) shall be admitted as such member only with the previous sanction in writing of the Registrar, if on the date of such application such person is a member of any other credit society. Such sanction may be accorded by the Registrar either in relation to any individual credit society or in relation to class of credit societies.]
17A[x x x x]
(2) Where a person has become a member of any society referred to sub-rule (1) in contravention of the provisions of that sub-rule, such society shall remove him from membership upon a written requisition from Registrar.
(1) No member of a society shall be eligible to vote at the meeting fixed for any election to the committee of that society, unless 18[60 days] prior to the date of such meeting he acquires the number of shares for membership as may be provided in the bye-laws of the society of which he is a member:
19[x x x x]
(1) The Registrar of Co-operative societies shall issue directions for the smooth implementation of the amalgamation of District Co-operative Banks with Kerala State Co-operative Bank based on the scheme of amalgamation.
(2) Government shall issue directions to the Kerala State Co-operative Bank (Amalgamated entity) to make required arrangements such as Core Banking, Information Technology integration, Human Resources integration, consolidation of assets and liabilities etc. for the purpose of completing the amalgamation process, based on the proposal from Registrar of Co-operative Societies.
(3) The Board of Directors of the Kerala State Co-operative Bank shall consist of the following members, namely:-
a) fifteen members elected in such manner as may be prescribed in the bye-laws, of which one shall belong to Scheduled Caste or Scheduled Tribe, three shall be women and one shall be a representative from Urban Co-operative Banks;
b) two members nominated
(1) Every society shall keep and maintain for such period and in such manner such accounts, books and registers 23[, either in physical or in digital form,] in connection with the business of the society as the Registrar may from time to time direct, and shall make them available to officers authorised by the Registrar for the purpose of inspection, audit, etc.
24[(1A) All co-operative societies shall prepare and keep the books of accounts and financial statements in the manner and Forms included in the Audit Manual prepared by Registrar and approved by the Government from time to time.]
(2) Without prejudice to the provisions of the foregoing sub-rule the societies shall, in general, keep and maintain the following accounts and books 25[, either in physical or in digital form].
(a) Minutes book for recording the proceedings 20[of the sub committee, of the Committee] and of the general body of members 26[sha
(1) The Minutes Book of all meetings shall be kept under the safe custody of the Chief Executive of the respective co-operative society and shall be made available for inspection by the President and other Directors at all reasonable times.
(2) The minutes of the meeting shall be recorded by the President or any member of the Committee or the Chief Executive of the Society.
(3) Blank space in the Minutes Book shall be scored out and all corrections, overwriting, erasures etc., should be clearly noted at the end before the minutes are signed by the President and other members of the Board.
(4) The minutes of the meeting shall be signed by the President and all other members of the Board who were present at the meeting and the proceedings of the previous meeting shall be read out and recorded in the subsequent meeting.
(5) The minutes book of Board Meeting, Sub-Committee Meeting as well as General Body Meeting shall be made available for inspection or audi
22B[(1).] The Registrar may by order in writing direct any society to get any or all the accounts and books required to be kept by it under rule 29 written up to such date, in such form and within such time as he may direct. In case of failure by any society to do so, the Registrar as the case may be, may depute an officer authorised in this behalf to write up the accounts and books. In such cases, it shall be competent for the Registrar to determine with reference to the time involved in the work and the emoluments of the officer deputed to do it, the charge which the society concerned should pay to the Government or person authorised and to direct its recovery from the society.
22C[(2) If the society fails to pay the amount within the period specified, the Registrar shall be competent to issue directions to the financing bank to recover the amount from the account maintained in the financing bank by the society or to recover the amount under the provis
The following records shall be retained till the completion of period indicated below, from the date of audit of accounts contained therein:-
| 1. | Original certificate of Registration together with the Registered Bye-laws | Permanent |
| 2. | Amendments to Bye-laws | Permanent |
| 45[Procedure regarding conduct of election to the committee of Societies by the State Co-operative Election Commission.-- The election of the members to the committee of Societies by the State Co-operative Election Commission shall be conducted in the following manner through the Registrar as specified in the explanation to sub-rule (2) of Rule 35. |
(1) The committee shall meet at least 60 days prior to the date of expiration of its term and pass a resolution fixing the date, time and place for the conduct of the election to the new committee. A copy of such resolution shall be sent to the State Co-operative Election Commission by registered post within a week 45A[through the Registrar 45AA[x x x x]]
51[(1) When a committee is constituted under Section 28, the Returning Officer shall inform the details of elections to the State Co-operative Election Commission, forthwith. The Election Commission shall appoint a Presiding Officer to elect the President and other office bearers. The Presiding Officer shall convene the committee within seven days of election to the committee or before the expiry of the term of existing committee, whichever is earlier, and the committee so convened shall elect its president and other office bearers as per Rule 43, and also by resolution authorise the officers concerned to take charge from the outgoing office bearers.]
(2) A report showing the names and addresses of the members of the committee which has taken charge and date on which they took charge shall be sent to the Registrar, Financing Bank and Circle Co-operative Union by the President of Society, within a week of their taking charge.
(3) Any member of a committee, wh
(1) The bye-laws of every society shall provide for the term of its committee.
(2) Notwithstanding anything contained in the bye-laws, for the purpose of calculating the term of a Committee, year shall be taken to be a period of twelve months from 53A[the date of election to the committee]. All the members of the Committee (including those elected in casual vacancies) whether representing societies or individuals shall vacate their office on the expiry of the term of the committee irrespective of the date on which they were elected as member of the committee.
(3) The election of all the members of the Committee shall be held before the expiry of the term of office of the existing Committee.]
The Committee or Administrator or Administrators appointed under Ss.32 and 33 1[74A or under any other provisions issued by the Government under special circumstances] shall be eligible for remuneration at the rates fixed by the Registrar. The expenses thereof shall be borne by the society or societies concerned.
(1) At the meeting of the General Body of the Society, in which the division of the society, is considered as per S.14 such of the members of the original society as will become members of any new society shall appoint a committee consisting of not more than 5 members of such new society (hereinafter in this rule referred to as the Interim Committee) to conduct the affairs of such new society for a period of three months from the date of its registration or for such further period as the Registrar may extend from time to time. The members of the Interim Committee shall appoint from among themselves a President.
(2) The names of the members of the Interim Committee of each of the new societies shall be reported to the Registrar, Financing Bank and Circle Co-operative Union along with a copy of the resolution passed.
(3) On the registration of the new societies, the Committee of the original society shall deliver possession of the records, cash and properties in its poss
1[(1) Where the members of a society consist of both individuals and societies, the committee of the society shall consist of such number of individual members and members representing societies as may be fixed in the bye-laws].
2[(2) The election of Members in the Committees representing individuals shall be made by the individual members only and election of Members of the Committee representing Societies shall be made by the delegates representing society members only].
(1) The election of President, Vice-President, Treasurer or any other officer by whatever name he is designated shall be in the manner specified in this rule.
57[(1A) Either the President or the Vice-President of a Primary Anand Pattern Milk Co-operative Society shall be a woman.]
55A[2. As soon as a new committee is constituted and furnished the details of election by the Returning Officer to the State Co-operative Election Commission, the Commission shall appoint a Presiding Officer to conduct election of the President/Vice President or any other office bearer as prescribed in the bye-laws. If a casual vacancy of office bearer such as President, Vice President, Treasurer or any other officer is arised, the committee in office shall request the State Co-operative Election Commission within 58[thirty] days of arising such vacancy to appoint a Presiding Officer to conduct election. The Election Commission shall appoint a Presiding Office
A committee shall remove the President or the Vice-President or the Treasurer or any other officer of the committee from his office by a no-confidence motion in the following manner, namely:--
(i) A notice of intention to move a no-confidence motion signed by such number of members as shall constitute not less than one third of the total strength of the committee, together with a copy of the motion which is proposed to be moved shall be delivered to the Registrar, in person, by any two members signing the notice.
(ii) Any officer duly authorised by the Registrar concerned in this behalf, shall arrange for the consideration of the motion in a meeting of the committee to be held at the office of the society on a date appointed by him, which shall not be later than thirty days from the date on which the copy of the motion referred to in clause (i) was delivered to the Registrar. The said officer shall give to the members, not less than fifteen clear days of notice of such
When the President of a society is on leave or in absent for more than fifteen days continuously and his charge is not handed over to the Vice-President, it shall be deemed to have been handed over to the Vice-President. When both President and Vice-President are absent for more than fifteen days continuously the said charge shall be handed over to any other member of the Director Board, decided by a resolution passed in the meeting, for avoiding any interruption in the day-to-day functioning of the society.]
(1) A motion expressing want of confidence in the Managing Committee of a Society/Bank shall be moved in accordance with the procedure laid down herein.
(2) Written notice of intention to move any motion referred to in sub-rule (1) signed by such number of members of the Society/Bank shall constitute not less than one-third of the total members together with a copy of the motion which is proposed
to be moved shall be delivered to the Registrar, in person, by any of the two members of the Society/Bank signing the notice.
(3) The Registrar or any officer authorised by him shall convene a meeting of the General Body of the Society/Bank for the consideration of the motion, to be held at the office of the Society/Bank at a date and time appointed by the Registrar or any
officer authorised by him which shall not be later than thirty days from the date on which the notice under sub-rule (2) is delivered to the Registrar.
(4) The Registrar or any officer authori
Disqualification of membership of committee.-- (1) 57[No member of the society shall be eligible for being elected, or appointed as a member of the committee of the society under S.28 if he]:-
(a) is disqualified under S.28; or
(b) is a near relative of a paid employee of the society; or
58[Provided that this clause shall not be applicable to the banks and apex institutions included in the schedule appended to the Act under sub-section (3A) of Section 80 of the Act]
(c) (i) is in default to the society or to any other society in respect of any loan or loans taken by him or loan in which he had stood surety, for such period, as is prescribed in the bye-laws
The person appointed to represent a society in any other society and vote shall be a member of the committee of the society which he represents:
Provided that if the affairs of the society are managed by Administrator/Administrators/Administrative Committee appointed 75[under S.28 or S.32 or S.33] of the Act, the person or persons so appointed shall have power to nominate any member of the society to be its delegate in the other society and such delegate shall be eligible 75A[to vote and] to be elected as a member of the committee of the other society in which he sits as a delegate if he is otherwise qualified to be a delegate under the relevant rules:
76[x x x x]
(1) No member shall be appointed to represent a society in any other society and vote if, on the date thirty days prior to the date fixed for a meeting for the conduct of any election relating to the Society.
(a) he is in default to the society of which he is a member in respect of any loan taken by him for such period as may be specified in its bye-laws or in any case for a period exceeding three months; or
(b) he is a person against whom any decision, award or order referred to in sub-section (3) of S.70 has been obtained; or
(c) he is a member of the other society in his individual capacity.
(2) Any member who has been appointed to represent a society in another society and vote shall cease to hold his appointment as such if he has committed default to the society of which he is member and if the default continues for the period prescribed in the bye-laws or in any case for a period exceeding three months or if any decision, award or order referred to
A delegate of one society sitting on the committee of another society shall cease to be a member of such committee-
(a) if the society which elected him as a delegate withdraws him or elects another delegate in his stead; or
(b) in case he was elected as a delegate by a society, on the supersession of the committee of such society under S.32;
77[x x x x]
(c) if the registration of the society, of which he is delegate, is cancelled, or
(d) if he incurs any disqualification mentioned in R.44, or
(e) if the society which sends him as delegate is in default to the society, in the committee of which he sits as a delegate:
78[Provided that in the cases of delegates of Primary Co-operative Agricultural Development Banks in the Committee of the Kerala State Co-operative Agricultural Development Bank and of Primary Housing Societies in the Committee of the Kerala State Co-operative Housing Federation Ltd., the disqualific
(a) It shall be the duty of the paid Secretary/Manager of every society to maintain and keep in proper form all the accounts, registers, other records and the seal of the society, under his safe custody and shall be personally responsible for their safety. He shall also be the custodian of cash, securities and all other properties of the society subject to the overall control of the President.
(b) If there is no paid Secretary/Manager it shall be duty of the President to arrange to maintain the accounts and registers in proper form and to keep the cash balance and other assets including bonds and securities under safe custody, He will also act as Treasurer of the society in cases where there are no specific provisions in the bye-laws to elect or appoint a Treasurer. Where there are other arrangements for the safe custody of the cash balance by the Secretary and the cashier under double lock system the responsibility to account for the cash balance to the Committee will be tha
(1) Members of one society attending 85[the general body meeting] of another society may be paid travelling allowance to and from their usual place of residence and daily allowance by the former society, but they shall not be given any sitting fees.
(2) Members of the committee may be paid by the society travelling allowance to and from their usual place of residence as well as daily allowance or sitting fee for attending the meetings of the committee 86[x x x x],
(3) Members of the Committee proceeding on tour in connection with the business of the society may be paid travelling allowance and daily allowance in respect of such tours by the society.
(4) No member of a society or the committee thereof shall, if he had claimed or drawn any allowances from the society, which he represents, draw any travelling allowance or daily allowance in respect of any journey made to attend any meeting of another society, from that other society or from an
A society may pay remuneration or honorarium to the members of the committee based on the extend of business done by such members with the society or on the value of service rendered by such members to the society or on such other basis as may be laid down in the bye-laws of the society for the purpose and with the approval of the Registrar.
(1) No officer of a Co-operative society shall have an interest, directly or indirectly otherwise than as such officer:-
(a) in any contract made with the society; or
(b) in any property sold or purchased by the society; or
(c) in any other transaction of the society except as investment made or as loan taken from the society, or the provision of residential accommodation by the society, to any paid employee of the society.
(2) No officer of a co-operative society shall purchase directly or indirectly, any property of a member of the society, sold for the recovery of his dues to the society.
Every elected and co-opted members of the committee of a Co-operative society shall attend the training programme conducted by the Administrative Department concerned or the State Co-operative Union or the Agricultural Co-operative Staff Training Institute or the Institute of Cooperative Management, within one year from the date of such election as a member or co-option as a member to the committee.]
(1) A declaration to be made under clause (1) of Section 36 shall be in Form No.7.
(2) A register of such declarations shall be kept by the society in Form No.B.
(1) A declaration creating a Gehan shall be in Form No. 8A.
(2) The State Co-operative Bank, 86C[x x x x] Primary Agricultural Credit Society/ Bank and the Primary Housing Co-operative society, 86B[Urban Co-operative Banks or any Primary Co-operative Societies dealing with credit activities] shall maintain a register of such declaration in Form No. 8B in the case of immovable property and in Form No. 8C in the case of movable property.
(3) A copy of the declaration or instrument whereby the Gehan is created or the mortgage of hypothecation is executed in favour of the Kerala State Co-operative Bank, 86D[x x x x] Primary Agricultural Credit Society/ Bank or the Primary Housing Co-operative Society 86B[Urban Co-operative Banks or any Primary Co-operative Societies dealing with credit activities] shall be forwarded by the concerned bank or society, either through a person or by registered post with acknowledgement due, within a
(1) On the execution of an agreement under sub-section (1) of section 37, the society may send intimation by registered post/local delivery of the execution of the agreement to the employer or the officer disbursing the salary or wages of the member who has executed the agreement and furnish the said employer or officer with a copy of such agreement certified in the manner specified in R.32. The employer or the officer disbursing the salary or wages shall on receipt of such intimation from the society make a note of the agreement in the register maintained by him for the disbursement of salary or wages.
(2) In respect of every member who has executed the said agreement and in respect of whom intimation has been sent under sub-rule (1), the society may send to the employer or the officer disbursing the salary or wages of the member, a requisition every month for the recovery from the salary or wages of such member of the amount payable by the member to the society for the mon
The net profits of any society as declared by the Registrar in respect of any Co-operative year shall be appropriated in the manner set forth in Section 56, subject to the following conditions, namely:
(1) Not less than 15% of the net profits shall be carried to the Reserve Fund.
(2) (a) 87[Every society having a net profit shall set apart a sum calculated at five per cent of the net profit for contribution to the Co-operative Education Fund contemplated in Clause (b) of sub-section (1) of Section 56 subject to a minimum Rs. 2,000 and to a maximum of Rs. 89C[one lakh] per annum]
87A[Provided that in the case of societies working in loss, the amount of contribution to Co-operative Education Fund shall be the following, namely;
A. 1. All Apex Federations/Banks, Central Societies/Banks, Urban Banks, Primary Credit Societies/Primary Agricultural Credit Societies/Service Co-operative Banks (Class I Super Grade and Special Grade
(1) Every Society having net profit shall set apart a sum calculated at ten per cent of the net profit subject to a maximum of Rupees One Lakh as contribution to the Co-operative Member Relief Fund.
(2) The sum so allocated shall be remitted to the credit of Member Relief Fund maintained by the Registrar of Co-operative Societies in the Kerala State Co-operative Bank within two months from the date of receipt of audit certificate.
(3) In the case of failure of remittance of Member Relief Fund as aforesaid, the Chief Executive of the Society making such default shall be liable to pay a penal interest at the rate of 6% per annum on the default amount.
(4) The Member Relief Fund shall be maintained and administered by the Registrar of Co-operative Societies as per the directions of a committee consisting of Minister for Co-operation, Government of Kerala, Secretary to Government, Co-operation Department and Registrar of Co-operative Societies.
(5) The Re
91[(1) A society may, with the previous sanction in writing of the Registrar, invest the whole or any portion of its funds for the purchase or lease of land on acquisition, construction or renewal of any building that may be necessary to conduct its business from the net profits of the society as per the bye-laws. A society shall not invest not more than five percent of its working capital. The amount of funds raised out of working capital so invested shall be recouped on such terms as may be determined in each case as per the direction of the Registrar. The Registrar shall grant such sanction for the investment of funds after evaluating the financial condition of the society, necessity of such investment, feasibility of the project for which funds are invested.]
Provided that this sub rule shall not apply-
(a) to immovable property purchased-
(i) by a society at a sale held in execution of a decree, decision or award obtained by it for the recovery o
(1) Subject to the provisions in sub-rule (2) a society shall not receive deposits and loans, whether from members or nom members in excess of the limit fixed in the bye-laws of that society.
(2) A society which accepts deposits and loans from members only and has no liability to any person other than the members, may receive such deposits and loan in excess of the limit referred to in sub-rule (1), if the excess amount is deposited in a Co-operative Bank to which it is affiliated or is invested in Government or other securities specified in S.20 of the Indian Trusts Act 1882 (Act of 1882):
Provided that the amount so deposited or invested or any part thereof, shall not be withdrawn or otherwise utilised except for the repayment of the deposits accepted in excess of the aforesaid limit.
91[(3) the receiving of deposits or loans referred to in sub-rules (1) and (2) shall be subject to such further terms and conditions as may be fixed or directions or g
(1) No financing bank or credit society, other than an agricultural credit society with unlimited liability, 92[a Co-operative Agricultural and Rural Development Bank] and a society the object of which is to grant long term loans, exclusively on the mortgage of immovable properties, shall grant loans for periods 92[exceeding one hundred and twenty months].
93[x x x x]
(2) The Registrar shall have power to fix by general or special order in writing the amount of the maximum lending limit of a Financial Bank or a Credit Society than an agricultural credit society with unlimited liability, 93A[the Co-operative Agricultural and Rural Development Bank] and a society the object of which is to grant long term loans exclusively on mortgage of immovable properties, which may be available for the grant of short term loans and loans repayable after one year but within three years or five years as the case may be, from the date of grant
(1) The valuation of immovable property to be placed as security to a co-operative society for availing loans where the loan amount is up to Rupees Ten Lakhs, shall be valued by an officer or the officers in the supervisory cadre authorized by the committee. The authorized officer or officers shall submit a detailed valuation report considering the market value of the property and the maximum amount granted as loans shall not exceed more than fifty percent of such valuation.
(2) If the loan amount exceeds Ten lakhs, it shall be done by a panel of five members which includes two officers in the supervisory cadre of which one shall be the Chief Executive of the society and two members of the committee nominated by the committee of the society and an independent valuer, a retired officer from the Revenue department not below the rank of Deputy Tahsildar or a retired officer from the Registration Department not below the rank of Sub-Registrar for the valuation of land. If the imm
Subject to the provisions under Ss.58 and 59, no society shall enter into any transaction with a person other a member unless-
(a) the bye-laws of the society permit it for the purpose; or
(b) the previous sanction of the Registrar has been obtained by the society.
(1) Every Society shall, establish a Provident whether contributory or not, for its employees and frame regulations for their maintenance and the utilisation of the said Fund. Among other matters, regulations shall provide for the following, namely:-
(a) in the case of Contributory Provident Fund,
95A[(i) an amount not less than 8.33 per cent of the pay to be deducted from the salary of employee and credited to the Provident Fund as employees' contribution.
(ii) an amount at the rate of 8.33 per cent of the pay of the employee to be paid by the society as employers' contribution.
Explanation.-- For the purpose of items (i) and (ii), the expression 'pay' includes basic pay, personal pay, dearness allowance and any other amount ordered to be treated as pay such as consolidated pay, etc.]
(iii) advances which may be made against the security of the Provident Fund and mode of recovery thereof;
(iv) refund of employee's contribu
Every society shall make in its bye-laws provision for payment of gratuity to its employees and frame regulations for its administration. Among mother matters such regulations shall provide for the following-
(i) all monthly paid employee on the permanent establishment shall be eligible for gratuity;
(ii) service rendered by employees must be continuous and satisfactory;
(iii) when an employees who has put in at least 5 years satisfactory service is retired voluntarily 96[or resigned] from service or if he is permanently disabled while in service or if he dies while in service the society shall pay to him or to his legal heirs as the case may be a gratuity not exceeding half months pay for every completed year of service:
Provided that in no case shall the gratuity exceed fifteen months pay.
95B[Provided further that the amount of gratuity payable shall not exceed the amount which an employee is eligible as per the Payment of
96A[(1) not withstanding anything contained in Rule 54, a society shall invest or deposit its reserve fund in the Kerala State Co-operative Bank or in the financing bank affiliated:
Provided that the Registrar may, by general or special order, permit any society or class of societies to utilize up to fifty percent of the Reserve Fund in the business of such society or societies:
Provided further that the Government may by general or special order, permit any society or class of societies to utilize the reserve fund, either in full or in part in the business of such society or societies.]
96E[x x x x]
96D["Financing Bank/ Kerala State Co-operative Bank"]
96B[Provided also that the Government, by general order permit any society or class of societies to provide loan amount not exceeding 50% of the reserve to the fund created under the scheme for the revival of the Society formulated by Government.]
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(1) The reserve fund shall belong to the society as a whole and is intended to meet unforeseen losses. It shall be indivisible and no member shall have any claim to a share in it. It may be drawn upon only with the special sanction of the Registrar to meet unforeseen losses incurred.
(2) On the winding up of a society, the reserve fund together with other funds constituted by the society, in accordance with its bye-laws shall be applied by the liquidator to discharge such liabilities of the society, as may remain undischarged out of the assets of the society, in the following order, namely:
(i) the debts due to the Government;
(ii) other debts of the society;
(iii) the paid up share capital; and
(iv) the dividend upon such share capital at a rate not exceeding 10% per annum for any period for which no dividend has been paid.
No dividend shall, however, be paid on share capital if the bye-laws of the society do not provide for payment of div
(1) Such of the dues to the society including loans and interest thereon which are found irrecoverable, and duly certified as such by the auditors appointed under Section 63 may be written off with approval of the general body and sanction of the Registrar.
(2) Before sanction for the write off is accorded the opinion of the financing bank may be obtained if the society is indebted to the financing bank.
(1) Every society with limited liability which obtains any portion of its working capital by deposits and coming within the purview of the Banking Regulation Act, 1949 shall maintain fluid resources in such form and according to such standards as may be fixed by the Government from time to time by general or special order and utilise only such portion of its working capital in lending business and distribute its assets in accordance with such standards. The minimum liquid cover shall normally be the following scale:-
(i) full value of the fixed deposit matured and due for payment at close of business on any day;
(ii) 97[20%] of the total of its demand and time liabilities excluding (i) at the close of business in any day.
Explanation.-- Liquid cover means assets which may be converted into ready cash and includes all or any of the following:-
(a) 100% of cash on hand, balance with Banks, post office savings Bank and of unencumbered inves
1[(1) The audit under Section 63 of the Act shall in all cases extend back to the last date of the previous audit and shall be carried out up to the last date of the year immediately preceding the audit or where the Director of Co-operative Audit so directs in the case of any particular society or class of societies such other date as may be specified by the Director of Co-operative Audit. Every co-operative society shall get its accounts audited at least once in each year by an auditor or an auditing firm appointed by the general body of the co-operative society from a panel prepared and approved by the Director of Co-operative Audit and also cause it to be completed and certified by the authority concerned, within a period of six months from the close of the year to which such accounts relate, and in any case before the issuance of notice for the holding of annual general body meeting and shall lay such audit report before the annual general body meeting:
Provide
(1) Auditor means an officer under the Director of Co-operative Audit, possessing Graduation or Postgraduation and a Higher Diploma in Co-operation or Junior Diploma in Co-operation or Higher Diploma in Co-operation and Management or Higher Diploma in Co-operation and Business Management awarded by the Board of Examinations of State Co-operative Union or National Council for Co-operative Training (NCCT), New Delhi or Graduation or Postgraduation in Commerce with specialisation in Co-operation or Diploma in Co-operative Audit or B.Sc. (Co-operation and Banking) Degree of Kerala Agricultural University.
(2) The academic qualification stated above is not applicable to the existing employees of Co-operative Department who has experience in audit or inspection of co-operative societies as on the date of this notification and who has completed the period of probation successfully and who has a working knowledge in Malayalam language:
(i) A Chartered Accountant means Charte
(1) The auditor shall submit an audit memorandum in the form specified by the Director of Co-operative Audit on the accounts examined by him and on the balance sheet and final accounts as on the date for the period up to which the accounts have been audited and shall state whether in his opinion and to the best of his information and according to the explanations given to him, the said accounts give all the information required by the Act and give a true and fair view,-
(i)in the case of the balance sheets of the state of society's affairs as at the end of the year or any other subsequent date to which the accounts are made up and examined by him; and
(ii)in the case of the profit and loss account of the profit or loss for the year or the period covered by the audit, as the case may be.
(2) The audit memorandum shall state:
(a)whether the Auditor had obtained all the information and explanation which to the best of his knowledge and belief were necessa
Levy of Audit fees.-- (1) Every Co-operative Society shall pay to Government within one month of receipt of the annual audit certificate and audit fee calculated on the Working Capital as on the last day of the 10[x x x x] year to which the audit relates or on the total sales during the year on the gross income during the year as the case may be, as shown below:
| Type of Society | Audit fees to be calculated | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| < S.Rule 66 Procedure for the conduct of inquiry and inspection.(1) (i) An order, authorising inquiry under Section 65 or inspection under Section 66 shall among other things, contain the following: S.Rule 66A 24[Inquiry and investigation of Vigilance Officer.(1) The Vigilance Officer appointed under section 68A of the Act shall be under the administrative control of the Registrar. S.Rule 67 25[Reference of disputes, payment of expenses and decisions on disputes.(1) The reference of any dispute to the Co-operative Arbitration Court and to the Registrar under section 69 of the Act shall be in writing. S.Rule 68 26[Mode of Communication of orders and decisions in deciding Disputes.An award, decision or order passed by the Co-operative Arbitration Court or Registrar or any other person deciding the dispute or the Arbitration referred under section 70 of the Act, shall be sent to the applicant by the Court or Registrar, as the case maybe, with his seal affixed thereon, by registered post 27[within fifteen days]. One copy of the award, decision or orders shall be retained in the file concerned and same kept in tact for a period of 12 years. The copy of the award/order shall be communicated to the defendants also by registered post. S.Rule 69 Procedure to be adopted by Liquidator.Where the Liquidator has been appointed under sub-section (1) of S.72 the following procedure shall be adopted; S.Rule 70 Disposal of records of a society ordered to be wound up.All the books and records of a society, the affairs of which have been wound up, shall be retained by the Liquidator in his office for a period of three years from the date of the report referred to in sub-section (3) of S.73. On the expiry of the said period of three years the books and records may be destroyed by the Liquidator on taking orders, to that effect, from the Registrar. S.Rule 71 Application for enforcement of charge.(1) Every application under S.75 shall be signed by a person authorised in that behalf by the committee of the society concerned. This application shall specify the amount due as on date, distinctly noting the amount originally disbursed, interest, costs, if any, etc. the name and full address of person from whom the amount is due and the particulars of repayment, if any, already made. The properties on which the society claims charge shall also be specified with sufficient details in the application for an order under Section 75. The application shall be accompanied by a receipted challan in token of having remitted the fee at the rates prescribed by the Registrar. S.Rule 72 Issue of certificate under section 76.(1) The holder of any decision, award or order referred to in Section 76 of the Act shall, if the said decision, award or order is not carried out, apply to the Registrar for the execution thereof under clause (c) of section 76 or for a certificate to be issued under clause (a) or (b) of the said section: S.Rule 73 Execution proceedings under the Revenue Recovery Act.Recovery of money under clause (b) of section 76 shall be made by Revenue Officers and when the decision, award or order is executed through them, the costs of execution under Revenue Recovery Act shall be recovered and credited to Government. This shall be deducted in the first instance from the amounts realised and balance alone paid to the decree-holder. S.Rule 74 Procedure for execution of decision, Award or Order.(1) If any decision, award or order has to be executed as provided under clause (c) of Section 76 the holder of such order, decision or award (hereinafter referred as the "decree holder") shall apply to the Registrar. S.Rule 75 Order in which proceedings shall be taken.Unless the decree-holder has expressed a desire that proceedings shall be taken in a particular order as laid down in sub-rule (2) of R.74, execution shall ordinarily be taken in the following manner. S.Rule 76 Rules for seizure and sale of movable property.In the seizure and sale of movable properties the following rules shall be observed: S.Rule 77 Attachment of salary or allowance of public officer or servant of a Railway administration or Local Authority or Firm.Where the movable property to be attached is the salary or allowance or wages of a public officer or of a servant of a railway company or local authority or a firm or a company the Registrar may on receiving a report from the Sale Officer, order that the amount shall, subject to the provisions of S.60 of the Code of Civil Procedure 1908 (Central Act V of 1908) be withheld from such salary or allowances or wages either in one payment or by monthly instalments as the Registrar may direct and upon notice of the order, the officer or the person whose duty it is disburse such salary or allowances or wages shall withhold and remit to the sale officer the amount due under the order or the monthly instalments as the case may be. S.Rule 78 Attachment of share or interest in movable.(1) Where the property to be attached consists of the share or interest of the defaulter in movable property belonging to him and another as co-owners, the attachment shall be made by a notice to the defaulter prohibiting him from transferring the share or interest or charging it in any way. S.Rule 79 Attachment of Decree.(1) Where the property to be attached is a decree either for the payment of money or for sale in enforcement of a mortgage or charge, the attachment shall be made. S.Rule 80 Attachment of debt, share and other property not in possession of defaulter.(1) Where the movable property to be attached is, S.Rule 81 Procedure in attachment and sale of immovable property.In the attachment and sale or sale without attachment of immovable property, the following rules shall be observed:- S.Rule 82 Application to set aside sale on deposit.(1) Where immovable property has been sold by the sale officer, any person either owning such property or holding an interest therein by virtue of a title acquired before such sale may apply to have the sale set aside on his depositing with the Registrar:- S.Rule 83 Application to set aside sale on ground of irregularity or fraud.(1) At any time, within thirty days from the date of sale of immovable property, the decree holder or any person entitled to share in a rateable distribution of the assets or whose interest are affected by the sale, may apply to the Registrar to set aside the sale, on the ground of a material irregularity or mistake or fraud in publishing or conducting it: S.Rule 84 Delivery of possession.Where any lawful purchaser of immovable property is resisted and prevented by any person other than a person, (not being the defaulter) claiming in good faith to be in possession of the property on his own account, from obtaining possession of the immovable property purchased, any Court of competent jurisdiction, on application and production of the certificate of sale referred to in sub rule (5) of R.83 above, shall cause the proper process to be issued for the purpose of putting such purchaser in possession in the same manner as if the immovable property purchased had been decreed to the purchaser by a decision of the court. S.Rule 85 Sale of immovable property to be proportionate to the amount due.It shall be lawful for the sale officer to sell the whole or any portion of the immovable property of defaulter in discharge of money due: S.Rule 86 Private alienation of property after attachment to be void.Where an attachment has been made under these rules, any private transfer to delivery of the property attached or of any interest therein and any payment to the defaulter of any debt, dividend or other monies contrary to such attachment, shall be void as against all claims enforceable under the attachment. S.Rule 87 Process servers to be paid batta.Persons employed in serving notices or in other process under these rules shall be entitled to batta at such rates as may from time to time be fixed by the Registrar, subject to a maximum of five rupees a day. S.Rule 88 Batta, interest and other charges recoverable from the proceeds.Where the cost and charges incurred in connection with attachment and sale of movable property, or the attachment and sale or sale without attachment of immovable property under these rules exceed the amount of the cost deposited by the decree-holder under rule 74 such excess shall be deducted from the sale proceeds of the property sold or the monies paid by the defaulter as the case may be, and the balance shall be made available to the decree-holder. S.Rule 89 Receipts for payment of amount due.Every person making a payment towards any money due for the recovery of which application has been made under these rules shall be entitled to receipt for the amount, signed by the sale officer or other officer empowered by the Registrar in that behalf. Such receipt shall state the name of the person making the payment and the subject matter in respect of which the payment is made. S.Rule 90 Investigation of claims and objections to attachment of property.(i) Where any claim is preferred to or any objection is made to the attachment of any property attached under these rules on the ground that such property is not liable to such attachment the sale officer shall investigate such claims or objections and dispose of it on merits: S.Rule 91 Termination of attachment.(1) Where any property has been attached in execution of a decree but by reason of the decree holder's defaults, the Registrar is unable to proceed further with the application for execution, he shall either dismiss the application or for any sufficient reasons adjourn the proceedings to a future date. Upon the dismissal of such application, the attachment shall cease. S.Rule 92 Attachment in execution of decree of several courts and rateable distribution of assets.(1) Where the sale officer attaches or has attached under these rules any property, not in the custody of any court, which is already under attachment made in execution of a decree of any Court, such Court, shall receive and realise such property and shall determine claims thereto and any objection to the attachment thereof: S.Rule 93 Attachment before Judgement.(1) Every attachment of property under section 78 of the Act shall be made in the same manner as provided in the rules in Chapter XI of these Rules. S.Rule 94 Procedure for Recovery of sums due to Government.Sums due to Government from a society or from an officer or member or past member of a society shall be recovered by the Revenue authorities on receipt of an application to that effect from the Registrar in the manner provided for recovery of arrears of land revenue. This application shall be accompanied by a certificate referred to in sub-section (1) of Section 79. The certificate referred to in section 79 shall be in form No.13 issued under the name and signature of the Registrar and shall bear the date and seal of his office. S.Rule 95 Headquarters etc., of the Tribunal.(1) The Tribunal appointed under section 81 shall be called, "The Kerala Co-operative Tribunal" and its headquarters shall be at Trivandrum. S.Rule 96 Custody of Records etc. of the Tribunal.(1) The Secretary shall have the custody of the records of the Tribunal and shall exercise such powers as are assigned to him by these rules. S.Rule 97 Additional powers and duties of the Secretary.In addition to the powers conferred by other rules, the Secretary shall have the following duties and powers subject to the general control of the Tribunal, namely:- S.Rule 98 Form of appeals and application.(1) (a) Every appeal Memorandum to the Tribunal under sub-section (1) of section 82 shall be in Form No.15 of Appendix II of these rules and be verified in the manner specified therein. S.Rule 99 Presentation of appeals, and application.(1) Every Appeal or application shall be presented in person by the applicant as the case may be or by his pleader or duly authorised agent to the Secretary during office hours at the Headquarters, or to the Tribunal at any sitting place outside the Headquarters or shall be sent by registered post to the Headquarters in the name of the Secretary to the Co-operative Tribunal, Trivandrum. A memorandum of appeal or application or other documents sent by registered post shall be deemed to have been presented before the Tribunal on the day on which it is received at the Headquarters of the Tribunal. S.Rule 100 Registration of appeals and applications.(1) On receipt of any appeal or application, the Secretary shall endorse on it the date of its receipt. The Secretary shall as soon as possible examine: S.Rule 101 Maintenance of Registers.The Secretary shall maintain separate registers for each sitting place for- S.Rule 102 Intimation to Registrar of Co-operative Societies as to the Registration of appeal or application.When an appeal or application has been registered under rule 100, the Secretary shall as soon as may be, sent an intimation thereof in form No.27 of Appendix II to the Registrar of Co-operative Societies or other officer concerned calling for the records and proceedings relating to such appeal or application unless the papers are already in the office of the Tribunal. S.Rule 103 Admission.(1) On receipt of the records and proceedings relating to the appeal or application the Tribunal shall go through the relevant records and if he is of opinion that there is substance in the appeal or application he shall admit it. S.Rule 104 Death of the party.(1) If any party to a proceeding dies before the conclusion of the final hearing of the same the Tribunal shall adjourn further proceedings to enable the impleading of the legal representatives of the deceased. If the application for the impleading is not made within 90 days of the date of death of the party, the proceedings shall abate as regards the deceased. The application for impleading may be either by the party interested in getting final orders passed on the proceedings or by any legal representative of the deceased even though not so interested. S.Rule 105 Determination of the legal representatives.If a question arises in any proceedings as to whether a person is or is not the legal representative of a deceased party, the Tribunal may determine the question summarily after taking such evidence as it deems necessary, or direct the person asserting to be the legal representative to produce an order of a competent court to establish his assertion and adjourn the proceedings for the purpose. S.Rule 106 Abatement.(1) Where pending proceedings abate, no fresh proceedings shall be started on the same cause of action. S.Rule 107 Failure to pay fees.Where the whole or any part of any fee provided for any document by any law for the time being in force has not been paid the Tribunal may in its discretion at any stage, allow the person by whom such fee is payable to pay the whole or part, as the case may be of such fee and upon such payment the document in respect of which the fee is payable shall have the same force and effect, as if such fee had been paid in the first instance. S.Rule 108 Procedure for cross objection.Provisions relating to an appeal/application shall apply mutatis mutandis to cross objections also except that it shall not be necessary to assign a separate serial number to it. S.Rule 109 Notice of Parties to appear before the Tribunal.(1) After an appeal or application is admitted, the Tribunal shall set a date for hearing and thereupon the Secretary shall send a notice in Form No.29 of Appendix II to the parties concerned calling upon them to appear before the Tribunal on the date specified in the notice. S.Rule 110 Service of notice etc.All processes, notices or summons directed to be given to any person shall be in writing under the signature of the Secretary of the Tribunal with seal affixed thereto and shall be served in the manner provided in the Code of Civil Procedure for the issue of a notice of summons under that Code by a Civil Court. Every process sent by post shall be registered prepaid for acknowledgement. An acknowledgement containing the signature of the persons served or an endorsement by postal authorities to the effect that the notice or summons was refused shall unless the contrary is proved, be deemed to be sufficient to hold that the notice or summons was duly served. S.Rule 111 Adjournment of hearing.(1) On the date fixed for hearing or on any other date to which the hearing may be adjourned, if it is found that notice to any party has not been served, fresh notice shall be ordered and the hearing of the case shall be adjourned to a convenient date. S.Rule 112 Advancement of Hearing.The date fixed for hearing may be advanced by the Tribunal either suo motu or on the application of any party, notice of such application shall be given to the opposite party before the application is heard and if the hearing is advanced to any other date shall be announced at that sitting itself. S.Rule 113 Hearing.(1) Where on the date fixed for hearing or on any other date to which the hearing may be adjourned, any party does not appear when the proceedings is called on for hearing, the Tribunal may dispose of the proceedings ex-parte. S.Rule 114 Restoration of appeals and applications.(1) Where a principal application is disposed of ex-parte any absentee party, if aggrieved, may apply to the Tribunal, within 30 days from the date of communication of the order, for restoring such proceeding to the file and where it is shown to the satisfaction of the Tribunal that he was prevented by sufficient cause from appearing when the proceeding was called on for hearing, the Tribunal shall restore the same and proceed with it. S.Rule 115 Fresh evidence in appeal.(1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Tribunal but if,- S.Rule 116 Order of the Tribunal.S.Rule 117 Communication of order.The Secretary shall communicate in the same manner as a notice issued, the final orders on all appeals and other principal applications to the parties. S.Rule 118 Returning of documents.All documents produced before the Tribunal for the hearing of any case shall be got back from the Secretary on application, by the party who produced them within three months from the date of communication of the Tribunal's final order and if not so taken back within the specified time, the Secretary shall not be responsible for any loss of or damage to the documents. The party taking them shall give, in writing an undertaking to the effect that such documents will be produced whenever required by the Tribunal. S.Rule 119 Inspection of documents.(1) Any party shall be at liberty to inspect any document recited or referred to in any proceedings and filed in the Tribunal therewith. S.Rule 120Search of Records.--On every application for search of documents search fee at the following rates shall be paid in court fee stamps.- A. When the document is not more than ten years old.
S.Rule 121 Certified copies.(1) Any person entitled to obtain a copy of any proceedings or document filed in or kept in the custody of the Secretary may present an application therefor to the Secretary in Form 30. Any person who is not a party to an appeal may on application be granted a copy of the final order of the Tribunal subject to the payment of copying fees in accordance with sub-rule (3). S.Rule 122 Application of Code of Civil Procedure, etc.(1) Save otherwise provided by the Act and the Rules, the provisions of the Code of Civil Procedure, 1908 and the Civil Rules of Practice for the time being in force shall, wherever necessary with suitable variations, govern:- S.Rule 123 35A[Fees for Appeals, Revision and Review]36[(1) In appeals and or applications before the Tribunal the fees at the following rates shall be paid by the appellants or the applicants as the case may be:- S.Rule 124 Presentation and disposal of appeals and revision, before other authorities.(1) An appeal under sub-section (2) of Sec.83 or an application for revision under sub-section (2) of Sec.87 of the Act shall be presented by the appellant or by his duly appointed agent, either in person during office hours or sent by registered post, to the appellate or revising authority. S.Rule 124A 38[Fees for appeals and applications for revision before the Government or Registrar.(1) In appeals or applications before the Government or the Registrar under Sec.83 of the Act the appellants or the applicants, as the case may be, shall pay 39[Rupees one thousand where the appellant or the applicant is an employee of a society and Rupees five thousand where the appellant or applicant is a member of a committee or society or others] as fees. S.Rule 125 Communication of Decision in Appeals or Revision.Every decision or order of the Appellate or revising authority under sub-section (2) of S.83 or Sub-section (1) of S.87, as the case may be shall be in writing and it shall be communicated to the appellant or applicant as the case may be and to such other parties as in the opinion of that authority are likely to be affected by the decision or order and to the officer concerned against whose order the appeal or application for revision was preferred. S.Rule 126 Constitution of Circles.There shall be such number of circles extending over such area as may be notified in the Gazette by Government in this behalf. S.Rule 127 Circle Co-operative Union.The office of a circle Co-operative union shall be housed in the office of the Assistant Registrar of Co- operative Societies (General) of the Circle. A circle Co-operative Union shall have a seal of its own. S.1[Rule 128x x x x] S.Rule 129 Election of members of circle co-operative union.41F[The election of the members to the committee of Circle Co-operative Union shall be conducted by the State Co-operative Election Commission in the manner specified below, namely:- S.Rule 130 Counting of votes.The counting of votes shall commence immediately after the polling is completed and the ballot boxes are collected at a common place. Votes shall be counted by or under the supervision of the Returning Officer. Each candidate and his authorised agent shall have a right to be present at the time of counting. In the case of equal division of votes the result shall be decided by lots to be drawn by the Returning Officer. S.Rule 131 Rejection of ballot paper.(1) A ballot paper shall be rejected,- S.Rule 132 Announcement of results.(1) The number of votes secured by each candidate and the results of the election shall be announced by the Returning Officer as soon as the counting is over. S.Rule 133 Custody of ballot papers after voting.The Secretary of the union shall take custody of the ballot papers and shall preserve them for three months from the date of poll. The ballot papers and other records relating to the election shall be secured in a container which shall be affixed with the seal of the union and of the candidates desire to affix their seals. They shall be destroyed after the said period of three months if no dispute relating to or in connection with that election is referred to the Registrar. S.Rule 134 Postponement of election.If, for any reason it appears to the Returning Officer that the election or anything in connection with it, cannot be held or completed on the day as herein before fixed he may postpone the same to other dates, from time to time, as he deems fit. S.Rule 135 Disqualification to vote.A person shall be disqualified to vote at the election of the Circle Co-operative Union:- S.Rule 136 Disputes relating to election.(1) Any dispute relating to the election to the circle co-operative union shall be referred to the Registrar. S.Rule 137 Resignation of member.A member may at any time resign his membership of the circle co-operative union. The resignation letter shall be sent to the Secretary of the Union who shall cause the same to be placed before the next meeting of the Union after 15 days from the date of the letter for acceptance unless the member withdraws the same within that time. The resignation shall take effect on its acceptance or on the expiry of 45 days from the date of the letter of resignation, whichever is earlier. S.Rule 138 Filling of interim vacancies.Interim vacancy of a member shall be filled up by election in the manner provided in these rules and the person so elected shall hold office for the remaining term of office of the person in whose place he was elected. S.Rule 139 Function of the Circle Co-operative Union.The function of a Circle Co-operative Union shall be- S.Rule 140 Fund.The funds of the Circle Co-operative Unions shall consists of- S.Rule 141 Management of Union.The management of the affairs of a Circle Co-operative Union shall vest in the body constituted under S.88. The members of the Circle Co-operative Union shall elect one of its members other than an ex-officio member to be its Chairman. S.Rule 142 Meeting of the Circle Co-operative Union.(1) The members of a Circle Co-operative Union shall meet at least once in every month. S.Rule 143 Termination of membership.(1) If a member absents himself from three consecutive meetings without permission he shall cease to be a member of the union. However, it shall be competent to the Circle Co-operative Union to reinstate him if he gives satisfactory explanation for his absence. S.Rule 144 Duties and powers of the office bearers.(1) The Chairman of the Union shall have general control over the affairs of the Union. S.Rule 144A 41A[Removal of Chairman by non-confidence motion(1) The Chairman of a Circle Co-operative Union may be removed from his office by a non-confidence motion as follows:- S.Rule 145 Budget.The Union shall prepare the budget estimate and programme of activities for each year and forward one copy to the State Co-operative Union and another copy to the Registrar. The annual report on the working of the union together with a statement of accounts shall also be sent to the State Co-operative Union and the Registrar. S.Rule 146 Duties of Union.(1) The Unions shall communicate its views on all matters referred to it by the Registrar within 15 days or within the time specified by the Registrar in each case. S.Rule 147 State Co-operative Union.(1) The office of the State Co-operative Union shall be at Thiruvananthapuram. S.Rule 148Affiliation of Co-operative Societies.--(1) Application for affiliation under sub-section (1) or renewal under sub-section (2) of S.90 shall be sent to the Secretary, State Co-operative Union, in Form No. 14 along with fee at the rate specified in sub-section (2). (2) The affiliation fee and annual renewal fee payable by 42A[financially sound societies] shall be at the following rates, namely:- 42B[Provided that the affiliation fee and annual renewal fee payable by weaker societies; such as Coir, Fisheries, Khadi, Industrial, Vanitha and Scheduled Caste/Schedule Tribes Co-operative Societies shall be at the above rate calculated on the basis of paid up share capital excluding Government share, ie., it shall be calculated only on the basis of share capital collected from prima S.Rule 149 Election of delegates to the general body.The members of the Circle co-operative unions and the Managing Committee members of the Apex societies, District Co-operative Banks and the Central societies other than the District Co-operative Banks shall from among themselves elect their delegates by a resolution passed at a meeting of the union or of the managing committee, as the case may be convened for the purpose. S.Rule 150 Settlement of disputes.(1) Any dispute relating to any matter in constitution of the general body and managing committee of the State Co-operative Union shall be referred to the Government and the decision thereon shall be final. S.Rule 151 Procedure for conduct of election.1[(1) The managing committee of the State Co-operative Union in office shall meet at least sixty days in advance of the date of expiration of its term and pass a resolution fixing the date, time and place for the conduct of the election to the new committee. A copy of such resolution shall be sent to the State Co-operative Election Commission by registered post or through electronic media within a week, through the Registrar.] S.Rule 152 Nomination of candidate.(1) The nomination of a candidate shall be made in Form No.14B. S.Rule 153 Withdrawal of candidature.Any candidate may withdraw his candidature by notice in writing signed by him and delivered, at any time after the presentation of his nomination paper before 5 p.m. on the day following the day on which the valid nominations are published to the Returning Officer by such candidate. A notice of withdrawal of candidature once given shall be final. S.Rule 154 Conduct of election.(1) 1f for any constituency for which election is to be held, the number of candidates in respect of whom valid nomination papers have been filed does not exceed the number of candidates to be elected for that constituency, the candidates, for whom valid nominations have been received shall be deemed to have been duly elected for that constituency and the Returning Officer shall make announcement to this effect on the date fixed for the poll. S.Rule 155 Counting of votes.The counting of votes shall commence after the polling is completed. Votes shall be counted by or under the supervision of the Returning Officer. Each candidate and his authorised agent shall have a right to be present at the time of counting. In the case of equal division of votes the result shall be decided by lots to be drawn by the Returning Officer. S.Rule 156 Rejection of ballot paper.(1) A ballot paper shall be rejected- S.Rule 157 Announcement of results.(1) The number of votes secured by each candidate and the results of the election shall be announced by the Returning Officer as soon as counting is over and also reported to the Secretary of the Union on the same day. The election records shall be sent to him in a separate sealed cover. The candidates or their authorised agents may also affix their seal on the cover if so desired. S.Rule 158 Disqualification for membership in the managing committee.No person shall be eligible for appointment as a member of the managing committee of the State Co-operative Union if he - S.Rule 159 Termination of membership in the managing committee.(1) A member of the managing committee of the Union shall automatically cease to hold office as such- S.Rule 160 Election of Chairman.The members of the Managing Committee shall elect one of its members, other than an ex-officio member, to be the Chairman of the State Co-operative Union. S.Rule 161 Removal of Chairman by no-confidence motion.(1) The Chairman may be removed from his office by a no-confidence motion as follows- S.Rule 162 Resignation of members.An elected member of the managing committee may resign from the committee of the Union. The resignation letter shall be sent to the Secretary of the union who shall cause the same to be placed before the next meeting of the Union after 15 days from the date of the letter for acceptance unless the member withdraws the same within the time. The resignation shall take effect on its acceptance or on the expiry of 45 days from the date of the letter of resignation, whichever is earlier. A nominated member may resign from the managing committee by a letter addressed to the Secretary to Government (Co-operation Department), and the resignation shall take effect from the date of acceptance of the same by the Government. S.Rule 163 Filling of interim vacancies in the managing committee.A member elected or nominated to fill an interim vacancy shall hold office for the remaining term of office of the members in whose place he was elected or nominated, as the case may be. S.Rule 164 Meeting of the general body and power.(1) The supreme authority of the Union shall vest in the general body. S.Rule 165 Meeting of the Managing Committee.(1) the Chairman shall preside over the meeting of the managing committee. In his absence, a member chosen by the members present from among themselves shall preside over the meeting. S.Rule 166 Powers and duties of Managing Committee.(1) It shall be the duty of the managing committee to carry out the objects of the Union and it shall have power- S.Rule 167 Remuneration payable to members.(1) The service of the men of the managing committee shall be gratuitous. However, they may be paid travel allowance and sitting fees for attending the meetings of the committee at the rates decided by the Registrar. S.Rule 168 Powers of Chairman and Secretary.Subject to such resolution as the managing committee may, from time to time, pass the Chairman and Secretary shall have the powers mentioned below- S.Rule 169 Establishment.The Registrar shall, with the approval of Government, fix the strength of the establishment, scale of pay, qualifications, mode of recruitment and service conditions of the employees of the State Co-operative Union. S.Rule 170 Audit of Accounts of Co-operative Union.(1) The 46[Director of Co-operative Audit] shall audit or cause to be audited by a person authorised by him by general or special order in writing in this behalf, the accounts of every Circle Co-operative Union and the State Co-operative Union at least once in a year free of cost. S.1[Rule 170A The Annual Performance Audit of Kerala Co-operative Milk Marketing Federation (MILMA) and its Regional Co-operative Milk Producers' Union.--(1) The Annual Performance Audit of the Kerala Co-operative Milk Marketing Federation (MILMA) and its Regional Co-operative Milk Producers' Union shall be entrusted to an approved agency or individuals with the following qualifications, namely:-- S.Rule 176 Registrar's power to rescind resolution.Notwithstanding anything contained in the bye-laws of a registered society, it shall be competent for the Registrar to rescind any resolution of any meeting of any society or the committee of any society, if it appears to him that such resolution is ultra vires of the objects of the society, or is against the provisions of the Act, Rules, Bye-laws or of any direction or instructions issued by the Department, or calculated to disturb the peaceful and orderly working of the society or is contrary to the better interest of the society. S.Rule 177 Societies to furnish statistics on employment to the labour Bureau.Every society which employs paid establishment shall, if so required by general or special orders of the Government, furnish to the labour bureau constituted by the Government of India, in the Ministry of Labour and Employment, statistics connected with the employees at such periodical intervals and in such form and within such time as may be required by the said bureau. S.Rule 178 Use of premises.No society or Union shall except with the previous sanction of the Registrar, use or allow to be used any premises used for its business or portion thereof for any purpose other than such business or other co-operative activities. S.Rule 178A 47A[Opening of BranchesThe Kerala State Co-operative Bank, the Kerala State Co-operative Agricultural and Rural Development Bank, District Co-operative Banks, Primary Agricultural Credit Societies, Service Co-operative Banks, Primary Agricultural and Rural Development Banks, Urban Banks and Farmer's Service Co-operative Banks shall submit application for opening offices in the name of Regional Office, Zonal Office, Branch Office, Sub Office or Extension Centre as per the norms fixed by the Registrar from time to time, and every such application shall be accompanied by a chalan receipt for the remittance of fees calculated at the rates given below: S.Rule 179 Restriction of officers of society appearing as legal practitioners.(1) No officer of a society shall appear as a legal practitioner; S.Rule 180 Societies not to act without previous sanction of Registrar in certain matters.No society shall do any act which is not expressly provided for by the bye-laws of such society without the previous express sanction of the Registrar for the same. S.Rule 181 Power to exempt from Rules.The State Government may, by general or special order and subject to such conditions as they deem fit, exempt any registered society or class of such societies from any of the provisions of these rules or may direct that such provisions shall apply to such society or class of societies with such modifications as may be specified in the order. S.Rule 182 Classification under Section 80(1).(1) For the purpose of sub-section (1) of S.80, the societies in the State shall be classified as shown in Appendix III: S.1[Rule 182A Powers and functions of the Co-operative Service Examination Board.(1) The Co-operative Service Examination Board constituted under section 80B of the Act, shall have the following powers, namely:- S.Rule 182B 51[Terms and conditions of appointment of the members of the Co-operative Service Examination Board.(1) The Co-operative Service Examination Board shall consist of not more than three members as may be appointed by Government by notification in the Gazette, of whom one member shall be designated as the Chairman 51AB[x x x x] S.1[Rule 182C Meetings of the Board(1) The Board shall meet on such date and at such time as the Chairman may decide,- S.1[Rule 182D Officers and other employees of the Board(1) The Government may, in consultation with Board, appoint an Officer not below the rank of a Deputy Registrar of Co-operative Societies on deputation basis to be the Secretary of the Board. S.Rule 183 Age limit.52[(1) A candidate for appointment by direct recruitment must have completed 18 years and must not have completed 52A[forty years] of age on the first day of 53[January] of the year in which the applications for appointment are invited: S.Rule 184 Probation.(1) Every person appointed to any of the categories of the service of a society 58[by direct recruitment and by promotion] shall, from the date on which he joins duty be on probation for a total period of one year on duty within a continuous period of two years. However the appointing authority may extend the period of probation upto two years to enable the appointing authority to decide whether the probationer is suitable for regularisation or not. S.Rule 185A74[Notwithstanding anything contained in these rules the committee of a society may, with the prior approval of the Registrar, appoint persons who are technically or professionally qualified or persons with experience and expertise, by way of deputation or on a contract basis for a specified period not exceeding five years:] S.1[Rule 185B Recruitment Rules relating to societies in Schedule I.--The Government may prepare and notify the recruitment rules of the societies mentioned in subsection (3A) of Section 80 and in Schedule I of the Act from time to time.] S.Rule 186 Qualifications.--1[(1)] No person shall be eligible for appointment in any post unless he possess the qualifications prescribed for the post as shown below:
S.Rule 187 84[Vacancies in Apex Societies or Central Societies.Notwithstanding anything contained in rule 186, in appointments to apex societies or central societies, 50% of the vacancies shall be reserved to the employees of 84AA[similar or higher categories of] the member societies, of the respective apex society or central society as the case may be, having a minimum regular service of 3 years 84AB[x x x x] and having the required qualification for the notified posts in the apex society or central society] S.Rule 188 Staff Pattern.Every society shall adopt the staff pattern indicated in Appendix III to these rules, according to the type and class to which it belongs: S.Rule 188A 85[Employment assistance to dependants of employee dying in harness.It shall be competent for the committee of a Society to appoint a person, who is a dependant of an employee who dies while in service, subject to the following conditions, namely: S.Rule 189 Remuneration and allowances.86[(1) Government shall have power to fix or alter (sic: after) the maximum and minimum limit of establishment expenses of Apex and each class of central and primary Societies/Banks/Institutions. The term "establishment expenses" as specified in sub-section (6) of Section 80 shall include expenses towards basic pay, special pay, dearness allowance and other allowances, medical aid, employers contribution to provident fund/pension fund, contribution towards gratuity fund and welfare fund, encashment of earned leave, leave travel concession, bonus payment and ex-gratia payment, if any, by the Society/Bank/Institution to its employees. S.Rule 190 Leave Rules.(1) No leave of any kind can be claimed as a matter of right. It is left to the discretion of the authority empowered to grant, refuse or revoke leave of any description according to the exigencies of service. S.Rule 191 89[Medical Allowance.Every employee of a Co-operative Society shall be entitled to receive Medical Allowance, at the rate as may be notified by the Government from time to time. S.Rule 192 Security to be furnished by the employees of Societies.(1) the employees of Societies shall furnish security according to the form and standard prescribed by the Registrar from time to time. S.Rule 193 Duties and Responsibilities and Conduct.No employee shall, except when generally or specially empowered or permitted in this behalf by the committee, communicate directly or indirectly any documents or information which has come into his possession in the course of his official duties, or has been prepared or collected by him in the course of such duties, whether from official sources or otherwise, to any other person, or institution or to the press. S.Rule 194 Prohibition of pecuniary transactions.No employee shall have pecuniary transactions with individuals or institutions coming in contact with him in the course of his official duties or accept directly or indirectly, either on his own behalf or on behalf of any other person, any gift, gratuity or reward from any person with whom he may have to deal in his official capacity, provided that this clause shall not apply for the borrowing by an employee on the security of his deposits, savings, Insurance Policies or documents from other institutions and individuals. S.Rule 195 Prohibition of personal contracts etc.(1) No employee of a operative society shall have any interest directly, or indirectly, other than an employee in:- S.Rule 196 Framing of Rules by the Societies.Necessary bye-laws shall be framed and implemented by the societies regarding the duties and responsibilities of the employees not inconsistent with the provisions of the Kerala Co-operative Societies Act and other Act relevant to it. S.Rule 197 Maintenance of Service Register.Every Society shall maintain a service register in the form prescribed by the Registrar for every employee to indicate his date of birth, qualifications, date of appointment, etc. The Chief Executive Officer shall authenticate the entries in the register and such register of the Chief Executive Officer shall be authenticated by the President/Chairman kept in his custody. S.Rule 198198. Disciplinary action.--(1) Any member of the establishment of a co-operative Society may, for good and sufficient reasons, be punished by imposing any of the following penalties, namely: (a) Censure; (b) Fine (in the case of employees in the last grade); (c) Withholding of increments with or without cumulative effect. (d) Withholding of promotion; (e) Recovery from pay of the whole or part of any pecuniary loss caused to the society, by negligences or breach of orders or otherwise; (f) Reduction to a lower rank; (g) Compulsory retirement; (h) Dismissal from service. (2) No kind of punishment shall be awarded to an employee S.Rule 199 Travelling allowance and other allowances.In respect of travelling allowance and all other allowances other than Dearness allowance to the employees of Co-operative Societies the provisions of the Kerala Service Rules shall apply. S.Rule 200 1[Savings.Nothing in these rules as amended by the Kerala Co-operative Societies (amendment) Rules, 1988 in G.O.(MS) No. 18/88/Co-op: dated the 17th day of June, 1988 or any rule made thereunder shall operate to debar from enjoyment by any person or employee of any privilege of emoluments or any right except age of retirement, to which he is entitled by the term of any contract or agreement or conditions of service subsisting between such person and a Co-operative Society as on the 1st January, 1974. Nothing in these rules as amended by the Kerala Co-operative Societies (Amendment) Rules, 1988 in G.O.(MS) No. 18/88 Co-op, dated the 17th day of June, 1988 shall be interpreted as disqualification for promotion to any higher post or posts to the employees in service of a Co-operative Society as on the 1st January, 1974, provided they possessed the qualifications, if any, prescribed in the bye-laws or other service regulations, of such society] S.Rule 201 1[Special provisions in respect of certain promotions.All promotions of employees, who were in service of any Co-operative Society before the commencement of the Kerala Co-operative Societies (Amendment) Rules, 1988 issued under G.O.(MS) No. 18/88 Co-op. Dated the 17th day of June, 1988, made to any higher post or posts after the 1st day of January, 1974 and before the publication of the said rules in the Gazette shall be deemed to have been made in accordance with the provisions of Rules 185 and 200 as amended by the said rules]. S.1
S.2
S.3FORM No. 3 [See sub rule (iv) of Rule 4] Certificate of registration issued under Section 8 of the Kerala Co-op Societies Act, 1969 (Act 21 of 1969). I do hereby certify in exercise of the powers conferred on me under Section 7 of the Kerala Co-operative Societies Act, 1969, (Act 21 of 1969), that the ,.......PO., in.............Taluk/District is registered by me to-day as a Co-op society under the said Act. On the basis of limited liability and that the bye laws of the aforesaid society are also hereby registered under the said section. The Registration No. of the said society is.......Date of Registration of the Society is.......... A copy of the bye law of the society as registered and attested by me is appended to this certificate. S.4
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