Vidhi Codex

section 176

Power to make rules.

The Jammu and Kashmir Co-operative Societies Act, 1989
Corporate1989184 sections
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Statutory text
  1. (1) The Government may for the whole or any part of 1[the Union territory of Jammu and Kashmir] and for any class of co-operative societies after previous publication, make rules to carry out the purposes of this Act.
  2. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely :—
    • (i) the applicant to whom the order refusing the registration of a cooperative society may be sent by the Registrar ;
    • (ii) the procedure and conditions for change in the form and extent of the liability of a co-operative society ;
    • (iii) the matter in respect of which a co-operative society shall or may make bye-laws;
    • (iv) the procedure to be followed for amendment of bye-laws by a co-operative society ;
    • (v) the qualifications or disqualifications of individuals who may be admitted as members of co-operative societies ;
    • (vi) the provisions for a second or casting vote by the Chairman of a meeting of a co-operative society ;
    • (vii) the appointment by a co-operative society of one of its members to represent and vote on its behalf at a meeting of another co-operative society of which it is a member ;
    • (viii) the maximum number of shares or portio n of the share capital of cooperative society which may be held by an individual member ; (ix) the procedure for the nomination of a person to whom the share or interest of a member on his death may be transferred of the value thereof may be paid ;
    • (x) the mode in which the value of a deceased members share shall be ascertained ;
    • (xi) the election of members of committee by the general body of co-operative society ;
    • (xii) the requisitioning of a general meeting of a co-operative society ;
    • (xiii) the remuneration payable to a new committee or administrators, a person or persons appointed in place of a committee removed by the Registrar ;
    • (xiv) the constitution of a common service or services comprising of officers and other employees of different classes of co-operative societies 2[other than Co-operative Credit Structures Societies] and for determining the number and designation of such officers and other employees ;
    • (xv) the qualification, remuneration, allowances, recruitment and other conditions of service of such officers and other employees of co-operative societies 2[other than Co-operative Credit Structures Societies] ;
    • (xvi) the constitution of boards at State and District level for recruitment of officers and other employees of different classes of a cooperative societies ;
    • (xvii) the constitution and maintenance by any apex or central society of a common cadre of personnel to work as officers or as other employees in affiliated societies ; (xviii) the prohibition against officers of a co-operative society being interested in contracts with the society ;
    • (xix) the matters connected with the direct and indirect partnership of the Government in co-operative society ;
    • (xx) the rate at which dividend may be paid by co-operative societies ;
    • (xxi) the payment to be made to the Co-operative Education Fund by a co-operative society out of its net profits and mode of its investment ;
    • (xxii) the mode of investment of funds of a co-operative society ; (xxiii) the objects of the reserve fund of a co-operative society and mode of its investment ;
    • (xxiv) the mode of disposal of reserve fund of a co-operative society on its winding up ;
    • (xxv) the extent and conditions, subject to which a co-operative society may receive deposits and loans ;
    • (xxvi) the restrictions on transactions by a co-operative society with nonmembers ; (xxvii) the restrictions on grant of loans by a co-operative society against its shares ; (xxviii) the form and standards of fluid resources to be maintained by cooperative society accepting deposits and granting cash credits ;
    • (xxix) the levy of audit fees on co-operative societies ;
    • (xxx) the procedure to be followed in proceedings before the Registrar arbitrator or other persons deciding disputes ;
    • (xxxi) the conditions subject to which assets of a Co-operative Society shall vest in liquidator and the procedure to be adopted in winding up of a co-operative society ; (xxxii) the procedure of recovery of amount due or payable to a co-operative society ; (xxxiii) the mode of making attachment before a judgment ; (xxxiv) the procedure for the distraint and sale of property mortgaged to an Agriculture and Rural Development Bank ;
    • (xxxv) the qualifications of members of the Tribunal ; (xxxvi) the manner for registering the address of a co-operative society ; (xxxvii) the account books and registers to be kept by a co-operative society and power of Registrar to direct the accounts and books to be written up ; (xxxviii) the manner of certification of entries in the books of a co-operative society and copies of documents kept by it in the course of its business ; (xxxix) the statements and returns to be furnished by co-operatives societies to the Registrar ;
    • (xl) the restrictions on persons appearing as legal practitioners ;
    • (xli) the inspection of documents and the levy of fees for granting certified copies thereof ; and
    • (xlii) the matters expressly required or allowed by the Act to be prescribed.

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