Power to make rules

Power to make rules. – The State Government may for the whole or any part of the State and for any registered society or a class of registered societies, make rules to carry out all or any of the purpose of this Act.

In particular and without prejudice to the generality of the foregoing power, such rules may-

1. (i) Prescribes the forms to be used and the conditions to complied with in the making of application for the registration of a society and the procedure in the mater of such applications;
2. (ii) Prescribes the conditions to be complied with by persons applying for admission or admitted as members and provided for the election and the admission of member and the payment to be made and the interests to be acquired before the exercise of the right of membership.
3. (ii) Prescribes the extent to which a society may limit the number of its members and, subject to the provision of section 29, prescribe the maximum number of shares or portion of the capital of society, which may be held by a member;
4. (iii) Prescribes the condition of acceptance of registration of members and prescribe for the expulsion of member and for the payments, if any to made to members who withdraw or are expelled;
5. (iv) prescribes the condition of acceptance of registration of members and prescribe for the expulsion of member and for the payments, if any to be made to members who withdraw or are expelled;
6. (ii) provide for the general meeting of the members and for the procedure at such meetings and the powers to be exercised by such meeting ;
7. (iii) prescribe the matters in respect of which is a society may or shall make bye-laws, and the procedure to be followed in making, altering and abrogating bye-laws and the conditions to be satisfied prior to such making, alteration or abrogation;
8. (iv) prescribe the manner in which managing committees and sub –committees thereof shall be constituted, and provide for the appointment, suspension and removal of the members of managing committees and other officers, and for the procedure at meetings of managing committees and for the powers to be exercised and the duties to be performed by managing committees and other officers.
9. (v) prescribe the conditions under which a society may be prohibited form appointing a defaulting member of any society to its managing committee of to the managing committee of any other society and from allowing him to exercise his right of membership in the society or to represent it in on other society:
10. (vi) prescribe the procedure to be followed when societies change the forum or extent of their liability, and provide for the amalgamation and division of societies and prescribe the conditions of such amalgamation and division;
11. (vii) prescribe the conditions and terms under which and regulate the manner in which funds may be raised by means of shares deposits of debentures or otherwise.
12. (viii) prescribe the conditions to be complied with by members applying for loans, the period for which loans may be made, the amount which may be lent and the manner of re payment;
13. (ix) provide for the deposit or investment of any funds under control of a society;
14. (xiii) prescribe the conditions, prohibitions and restrictions to which societies may –

1. (a) transact business with persons who are not members; or
2. (b) make advances against movable property;
   • (xiv) prescribe the method of calculating the working capital and the net profits and the conditions under which such profits may be distributed, and the maximum rate of dividend which may be paid by any society or cooperative societies;
   • (xv) provide for the formation and maintenance of reserve funds and the objects to which such funds may be applied and for the writing off of bad debts.
   • (xvi) prescribe the condition for refund of share money and transfer of shares;
   • (xvii) provide for the mode in which the value of a deceased member’s interest shall be ascertained, and for the manner of nomination of a person to whom such interest may be paid or transferred; (xviii) provide for the information and maintenance of a register of members and where the liability of members is limited by shares, of a resister of shares and share-holders;
   • (xix) prescribe the forms to be used and the accounts and registers to be kept and the reports and returns to be submitted by a society and provide for the persons by whom such reports and returns shall be submitted, and in case of failure to submit and such reports or returns, for the levy of the expenses of preparing them;
   • (xx) prescribe rules for audit under section 33 and for the periodical publication of balance-sheets showing the assets and liabilities of a society;
3. (xxi) provide for the persons by whom and the form in which copies of entries in records and registers of societies may be certified and for the charge to be levied for the supply of such copies;
4. (xxii) provide for the custody and destruction of records and registers; (xxiii) provide for the procedure to be followed in the appointment or removal of and for the payment of remuneration to, a liquidator.
5. (xxiv) prescribe the procedure to be followed by the liquidator and provide for the manner of disposal of the surplus, if any, of the society;
6. (xxv) prescribe the procedure to be followed in presenting and disposing of appeals under this Act;
7. (xxvi) prescribe the procedure to be followed in the appointment of an arbitrator or arbitrators and in proceeding before the Registrar any person exercising the powers of a Registrar and an arbitrator of arbitrators including the transfer, reference and withdrawal of cases; (xxvii) prescribe the procedure and condition for exercise of the powers conferred by section 49: xxviii provides for all matters expressly requited or allowed by this Act to be prescribed by rules. [xxix] provides for all matters expressly required or allowed by this Act be prescribed by rules.

1. (3) The power to make rules conferred by this section is subject to the condition to the rules being made after previous publication.
2. (4) All rules made under this Section shall be published in the official Gazette and on such publication shall have