{ "id": 16951, "slug": "haryana-co-operative-societies-rules-1989", "title": "Haryana Co-operative Societies Rules, 1989", "short_title": "Haryana Co-operative Societies Rules, 1989", "act_number": "Published vide Haryana Notification No. GSR 11/HA.", "act_year": 1989, "act_type": "STATE", "location": "Haryana", "law_status": "unknown", "enactment_date": null, "description": "Haryana Co-operative Societies Rules, 1989", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "1. Short title.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "2. Definitions.", "chapter": null, "content": "(a) \"Act\" means the Haryana Co-operative Societies Act, 1984;\n(b) \"Appendix\" means an appendix appended to these rules;\n(c) \"Co-operative Year\" means the year ending with the 31st day of March, or in the case of any Co-operative Society or class of Co-operative Societies, the accounts of which are made upto any other date, with the previous sanction of the Registrar, the year ending with such date ;\n(d) \"Decree'' means any decision, award or order referred to in section 110 of the Act:\n[(dd) \"Family\" means a person concerned, spouse, un-married son, un- married daughter and dependent un-married brother and sister; ]\n(e) \"Form\" means a form appended to these rules :\n(f) \"Maximum Credit Limit\" means the extent to which a Co-operative Society may receive deposits and loans from members and non-members;\n(g) \"Model Bye-laws\" means a set of bye-laws approved or proposed by the Registrar for general adoption by a Co-operative Society or a class of Co-operative Societies :\n(h) \"Owned Capital\" means the total paid up share capital and reserve fund and other funds created out of profits and un-distributed profits minus accumulated losses:\n(i) \"Paid up share capital\" means such portion of the subscribed share capital as is actually paid-up ;\n(j) \"Recovery Officer\" means a person subordinate to the Registrar who is empowered to exercise the powers of the Registrar under section 110 of the Act :\n(k) \"Relative\" means the concerned person's father/mother, his wife, his son, daughter or his son's wife or daughter's husband ;\n(l) \"Section\" means a section of the Act ;\n(m) \"Share-captial\" means the subscribed share capital ;\n(n) \"Working captial\" means the total of owned capital plus the borrowed capital ;\n(o) Words and expression defined in the Act and used in these rules shall have the meaning, respectively assigned to them in Act ;\n(p) \"Sales Officer\" means an officer empowered by the Registrar by general or special order, to attach and sell the property of dafaulter or to execute any decree by attachment and sale of property except that for the purpose of Chapter X of the Act in which sale officer is appointed by the Government. \nChapter II\nRegistration of Co-operative Societies and their Bye-Laws", "footnote": "", "is_definition": true, "sort_order": 1 }, { "number": "3", "title": "3. Co-operative Principles.", "chapter": null, "content": "(i) Voluntary and open membership ;\n(ii) democratic control;\n(iii) limited interest on capital;\n(iv) equitable distribution of surplus;\n(v) Co-operative education ;\n(vi) Cooperation among cooperative;", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "4", "title": "4. Restriction on registration.", "chapter": null, "content": "Sections 5 and 131 (2) (ii)", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "5", "title": "5. Form of Application.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "6", "title": "6. Documents which shall accompany the application.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "7", "title": "7. Procedure on receipt of application.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "8", "title": "8. Person to whom order to be communicated.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "9", "title": "9. Appeal against refusal of registration.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "10", "title": "10. Procedure for amendment of bye-laws.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "131", "title": "Section 131(2)(iii).", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "11", "title": "11. Application for registration of amendment.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "12", "title": "12. Registration of amendments.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "13", "title": "13. Appeal against refusal to register amendment in bye-laws.", "chapter": null, "content": "Chapter III\nMembers of Co-operative Societies, their rights and liabilities", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "14", "title": "14. Disqualification for membership.", "chapter": null, "content": "(a) has applied to be adjudicated as an insolvent or is an undischarged insolvent; or\n(b) has been sentended for any offence other than an offence of a political character or on offence not involving moral turpitude, and a period of five years has not elapsed from the date of expiry of the sentence.", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "15", "title": "15. Prohibition of membership in two Co-operative Credit or Service Societies.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "16", "title": "16. Admission of member before the general meeting.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "17", "title": "17. Disposal of application for admission of members.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "18", "title": "18. Withdrawal from membership.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "19", "title": "19. Liability of explusion.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "131", "title": "Section 131(2)(x)-.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "2", "title": "20. Appointment of a member to vote on behalf of society. [Section 2.]", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "131", "title": "21. Nomination of heir. [Section 131(2)(xxi)].", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "22", "title": "22. Maintenance of register of members.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "131", "title": "Section 131(2)(xvi).", "chapter": null, "content": "(a) the name, address and occupation of each member, and a statement of shares held by him;\n(b) the date on which the member's name was entered in the register;\n(c) the date on which any person ceased to be a member;\n(d) the nominees appointed by member.\nChapter IV\nGeneral body meetings", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "23", "title": "23. Summoning of meeting. [Sections 26 and 131(2)(vii)].", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "131", "title": "24. Powers of general body in a meeting. [Section 131(2)(vii)].", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "25", "title": "25. Election of members of Committee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "26", "title": "26. Proportion of individuals and societies for constituting committee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "131", "title": "Section 131(2)(ix).", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "27", "title": "27. Disqualification for membership of committee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "131", "title": "Section 131(2)(xiii).", "chapter": null, "content": "(a) he is in default to any Co-operative Society in any respect of sum due from him to the society or owes to any Co-operative Society an amount exceeding his maximum credit limit;\n(b) he has directly or indirectly any interest in any contract to which the Co-operative Society is a party except in transactions made with the Co-operative Society as a member in accordance with the objects of the society as stated in the bye-laws;\n(c) he has at any time during a period of one year prior to the date of scrutiny of nomination papers, engaged in any private business, trade or profession of any discription which is carried on by the society;\n(d) he has been convicted for any offence involving dis-honesty or moral turpitude during a period of five years prior to the date of scrutiny of nomination papers;\n(e) he is subject to any of the prohibitions contained in rule 28;\n(f) he has, during a period of 12 months preceding the date of filing of nomination papers remained inactive as member or has been carrying on through agencies other than the co-operative society of which he is a member, the same business as is being carried on by the co-operative society;\n(g) he is a member of an elected committee of any co-operative society which has ceased to function or which has not fulfilled its objects as stated in its bye-laws and has been included in the list of `D' Class societies maintained by the Registrar or is a member of an elected committee of a society which is under winding-up process;\n(h) he has ceased to be a member of an elected committee of any co- operative society within a period of one year, preceding the date of inclusion of such society in the list of `D' Class Societies maintained by the Registrar or in the operation of order of winding up of such society under section 105 of the Act:\n(i) he is a paid employee of the co-operative society provided that this shall not apply in case of producers society.\n(j) he incurs any other disqualification laid down in the Act, Rules and the bye-laws of the society.", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "28", "title": "28. Removal from membership of committee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "131", "title": "Section 131(2)(x).", "chapter": null, "content": "(a) continuous to be in default in respect of any sum due from him to any Co-operative Society for a period of three months;\n(b) ceases to be a member;\n(c) is declared insolvent;\n(d) becomes of unsound mind;\n(e) is convicted of an offence involving dishonesty or moral turpitude; or\n(f) becomes subject to any of the disqualifications specified in rule 27.", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "131", "title": "29. Employees of Co-operative Societies. [Section 131(2)(xxxiv)].", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "30", "title": "30. Prohibition against being interested in contracts etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "131", "title": "Section 131(2)(2)(xxxix).", "chapter": null, "content": "(a) in any contract made with society; or\n(b) in any property sold or purchased or leased by or to the society; or\n(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.\nChapter V\nAnnual Review of Cadre Societies", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "31", "title": "31. Annual Review of cadre society.", "chapter": null, "content": "Chapter VI\nPrivileges of Co-operative Societies", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "32", "title": "32. Manner of certifying copies of entries in books.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "33", "title": "33. Loans and subsidies by Government.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "34", "title": "34. Manner of making application for loan or subsidy.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "35", "title": "35. Submission of information and returns by Co-operative Societies having State participation.", "chapter": null, "content": "Chapter VII\nAccounts and Record", "footnote": "", "is_definition": false, "sort_order": 41 }, { "number": "36", "title": "36. Report and custody record.", "chapter": null, "content": "Chapter VIII\nCharger and Mortgages", "footnote": "", "is_definition": false, "sort_order": 42 }, { "number": "37", "title": "37. Declaration under Sections 53 and 131(2)(xxxviii).", "chapter": null, "content": "Chapter IX\nLoans and Borrowing", "footnote": "", "is_definition": false, "sort_order": 43 }, { "number": "38", "title": "38. Restrictions on borrowings by co-operative societies.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 44 }, { "number": "39", "title": "39. Maintenance of fluid resources.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 45 }, { "number": "40", "title": "40. Maximum credit limit of members.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 46 }, { "number": "41", "title": "41. Nature and extent of securities for loans.", "chapter": null, "content": "Sections 64 and 131(2)(xxii)- .", "footnote": "", "is_definition": false, "sort_order": 47 }, { "number": "42", "title": "42. Restrictions on grant of loans by a Co-operative Society against its own shares.", "chapter": null, "content": "Chapter X\nProcedure for the Sale of Produce", "footnote": "", "is_definition": false, "sort_order": 48 }, { "number": "43", "title": "43. Forms relating to distrainment and proclamation of sale etc.", "chapter": null, "content": "(b) The demand notice to be served on the defaulter before the produce is distrained shall be in Form VIII.\n(c) The distraint order shall be in Form VIII.\n(d) The demand notice after distraining for making payment of the amount for which produce has been distrained, specifying therein the day, time and place of sale, if failed to make the payment etc. shall be in Form IX.", "footnote": "", "is_definition": false, "sort_order": 49 }, { "number": "44", "title": "44. Distraint of produce.", "chapter": null, "content": "(a) Where such produce is standing crop on land on which such crop has grown; or\n(b) where such produce has been cut or gathered on the thrashing floor or place for trading out grain or the like or fodder stock on or in which it is deposited;", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "45", "title": "45. Time to distraint.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 51 }, { "number": "46", "title": "46. Service of demand notice.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 52 }, { "number": "47", "title": "47. Custody of distrained property.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 53 }, { "number": "48", "title": "48. Storage of distrained crops.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 54 }, { "number": "49", "title": "49. What places distrainer may force open.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 55 }, { "number": "50", "title": "50. Power of distrainer of force open doors in presence of police officers.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 56 }, { "number": "51", "title": "51. Proclamation of the time and place of sale of produce.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 57 }, { "number": "52", "title": "52. Sale how conducted.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 58 }, { "number": "53", "title": "53. Withdrawal of distraint on tender of moneys due and expenses prior for sale.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 59 }, { "number": "54", "title": "54. Payment on purchase of distrained produce.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 60 }, { "number": "55", "title": "55. Resale to case of default.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 61 }, { "number": "56", "title": "56. Investigation of claim to any right or interest in distrained property.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 62 }, { "number": "57", "title": "57. Application for sale of immovable property and procedure.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 63 }, { "number": "58", "title": "58. When defaulter neglects to pay.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 64 }, { "number": "59", "title": "59. Proclamation before sale.", "chapter": null, "content": "(a) the property to be sold;\n(b) the revenue or rent payable in respect thereof;\n(c) the amount for the recovery of which the sale is intended to be made; and\n(d) every other thing which the sale officer considers material for a purchaser to know in order to judge the nature and value of the property.", "footnote": "", "is_definition": false, "sort_order": 65 }, { "number": "60", "title": "60. Sale to be by public auction.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 66 }, { "number": "61", "title": "61. Deposit by purchaser and resale on default.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 67 }, { "number": "62", "title": "62. Time for payment of the balance of the purchase money.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 68 }, { "number": "63", "title": "63. Procedure in default of payment.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 69 }, { "number": "64", "title": "64. Defaulting purchaser answerable for loss on resale.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 70 }, { "number": "76", "title": "65. Proclamation on resale. [Section 76(1)].", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 71 }, { "number": "66", "title": "66. Set off where society is purchaser.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 72 }, { "number": "67", "title": "67. Release of property.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 73 }, { "number": "68", "title": "68. Report of sale.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 74 }, { "number": "69", "title": "69. Return of purchase money in certain cases.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 75 }, { "number": "70", "title": "70. Receipt for payment of arrears.", "chapter": null, "content": "Chapter XI\nProperties and Funds", "footnote": "", "is_definition": false, "sort_order": 76 }, { "number": "71", "title": "71. Investment of funds.", "chapter": null, "content": "(a) in bonds certificates or loans issued by Government or the Central Government.\n(b) in debentures floated by a co-operative societiy;\n(c) with the previous sanction of the Registrar, in the purchase or lease of land or building or in the acquisition, construction or renvewal of any building that may be necessary to conduct its business.\n(a) to immovable property purchase.--\n(i) by a co-operative society at a sale held in execution of a decree obtained by it, for the recovery of any sum due to it; or\n(ii) by a financing bank at a sale held in execution of a decree obtained by a co-operative society financed by it, for the recovery of any sum due to such society or at a sale brought about by the liquidator of such society.", "footnote": "", "is_definition": false, "sort_order": 77 }, { "number": "72", "title": "72. Payment of dividend.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 78 }, { "number": "73", "title": "73. Creation of Co-operative Education Fund.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 79 }, { "number": "74", "title": "74. Reserve fund.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 80 }, { "number": "75", "title": "75. Contribution to Guarantee Fund.", "chapter": null, "content": "Chapter XII\nRehabilitation of Weak Societies", "footnote": "", "is_definition": false, "sort_order": 81 }, { "number": "76", "title": "76. Rehabilitation funds.", "chapter": null, "content": "[Chapter XII-A]\nSale or lease of assets and liabilities of sick societies", "footnote": "", "is_definition": false, "sort_order": 82 }, { "number": "76A", "title": "76A. Transfer of assets and liabilities of sick societies by sale.", "chapter": null, "content": "(a) The society, firm, company or body shall remit to the sick society the entire payment in lump sum through a demand draft in favour of the sick society within such period as may be mutually agreed upon between the sick society and the proposed firm, company, body or society.\n(b) The sick society shall hand over the vacant possession of the entire premises including entire machinery, furniture and fixture, land and building, stock, raw material, finished goods etc. on a specific date as may be mutually agreed upon.\n(c) On the completion of the proceedings of sale, the society, firm, company or body acquiring ownership rights of the sick society, shall not use the word \"Co-operative\" in any form and in any transaction with the new name of the Organisation and it would cease to be a cooperative society under the Act. The Registrar shall cancel the registration of such society and shall inform the concerned financial institutions accordingly.\n(d) Pursuant to opportunity provided to the Committee of the sick society under Section 14A(2) of the Act, it will be obligatory on the part of the Registrar to satisfy and dispose of objections/claims put forward by the members of the Committee of the sick society and the creditors thereof and the Registrar shall inform the Committee about the disposal of the objections/claims.\n(e) The Registrar shall proceed to get a sale officer appointed after seeking prior approval of the Government for the purpose of conducting sale under these Rules.\n(f) If the committee of the sick society fails to act within a period of Ninety days under Annexure `B', the Registrar shall, on the expiry of the period of Thirty days under the said Annexure-B, proceed to issue notice of sale by indicating complete substance of the intended sale in atleast two local daily newspapers published from State headquarters having wide circulation and one National Daily published from New Delhi having wide circulation by giving complete lits of the property, assets, machinery, stock, furniture and fixtures and further bound the prospective bidder/bidders to deposit a sum of money equal to 10% of the notice of the entire property both moveable and immovable mentioned above.\n(g) The proclamation of sale shall also be circulated/published by affixing notices in the office of Assistant Registrar's, Deputy Registrar's, the sick society and other relevant place/places which are directly or indirectly concerned with the functioning of the said sick society and will give at least Thirty days time to materialise the entire sale process. Prior to two consecutive dates before the commencement of the date fixed for sale, the sale officer shall also announce by beat of drum in the locality/village/town by assuring himself that the details of the said property are being brought to the notice of public at large through beat of drum in a fairly reasonable manner. The proclamation shall state the time/place of sale and [complete particulars and specifications] of the property to be sold and any encumbrance to which the property of the said sick societies is liable and shall keep necessary record thereof.\n(h) The sale officer shall proceed to get assessed the market value of the property, assets, machinery, furniture and fixtures, stock, finished goods etc. from the Government approved contractors/valuer on \"as is where is basis\" and shall also ascertain their price at his own level by studying the prevalent trends of these commodities in these market and shall forward a written proposal in this regard to the Registrar for his approval. In case of landed property situated in urban/semi-urban and rural areas, the Registrar shall be guided by the latest guidelines of different authorities i.e. Haryana Urban Development Authority, municipal committees/corporation and Revenue Department guidelines etc. etc.\n(i) The sale shall be made after sun arise and before sun set and not any other time.\n(j) The sale officer shall ensure that when the deal is materialised the sum offered by the purchaser is not less than the market value of the property/assets and shall, as nearly as possible, ensure that it is sold at the competitive price and not through a throw-away deal.\n(k) The sale officer shall also ensure that the time limit set out in the notice published for sale does not affect those finished goods which are subject to speedy and natural decay and would cut short the period of notice accordingly.\n(l) The sale shall be by proclamation to the highest bidder provided that it shall be open to the sale officer to decline to accept the highest bid when the price offered appears to be unduly low or for some other reasons and may after consulting the Registrar may adjourn the sale to a specified date and hour after recording the reasons for such adjournment, where the sale is adjourned for a longer period than seven days, a fresh proclamation under clause `g' above shall be made again.\n(m) At any time within thirty days from the date of the sale of immovable property and other assets, the Registrar may either suo motu. - or on the complaint of a person whose interest are affected by the sale, by getting an enquiry conducted, set-aside the sale on grounds of material irregularity or mistake or fraud in conducting the sale.\nsuo motu.\n(n) The purchaser of the proposed sick unit at the end of final settlement shall be liable to pay to such employees whose services are not taken over by the purchaser, such sums as may be awarded by the competent courts in terms of the provisions of the Industrial Disputes Act 1947 (Act 14 of 1947).\n(o) The amount left after meeting the liabilities, shall be disposed of by a person authorised by the Registrar in this regard in the manner prescribed in Chapter-XV of these Rules pertaining to winding up of cooperative society.", "footnote": "", "is_definition": false, "sort_order": 83 }, { "number": "76B", "title": "76B. Transfer of Assets and Liabilities of Sick Societies By lease.", "chapter": null, "content": "(b) The notices for lease shall be got pasted in the office of Assistant Registrars and Deputy Registrars by the Registrar and also at all important places which are often visited by the public in general and the Registrar shall get the proclamation of lease and announced through a beat of drum at such places and among such parties as he deems fit.\n(c) It shall be clearly mentioned in the notice for lease that the party consenting to take the sick society on lease shall keep the co-operative character of the unit intact.\n(d) The party offering to take the sick society on lease shall not embark upon any other trade or business or industrial activity other than aimed at by the sick unit.\n(e) The lessee shall keep the accounts of the proposed unit strictly according to the system in practice.\n(f) The Registrar or his nominee shall be competent to conduct inspection/audit of the leased unit as per provisions of the Act. The Registrar or the person authorised to inspect/audit the unit shall have free access to the books of a accounts, leased out premises, factory, machinery and other assets.\n(g) In case lessee of the unit does not accept the entire staff of the sick unit, they shall be liable to pay such sums to the said staff as may be awarded by the competent Courts in terms of the provisions of the Industrial Disputes Act, 1947 (Act 14 of 1947).\n(h) The lessee shall not be permitted to sell, sub-let or remove from its original place, any assets without permission of the Registrar by giving full justification for the replacement/removal of any non-productive assets.\n(i) At the expiry of period of five years the working results of the unit would be reviewed and in the event of non-fulfilment by the lessee, the lease shall be cancelled and no further extension would be allowed.\n(j) The terms and conditions of lease shall be reduced in writing on a non-judicial stamp paper as required by the Indian Stamp Act 1899 (Act 2 of 1899), which shall be signed by the authorised person and duly attested by the Magistrate Ist Class having jurisdiction of the area where the sick unit is situated.\nAnnexure `A'\nAnnexure `A'\n(See Rule 76-A)\nSd/-\nRegistrar,\nAnnexure `B'\nAnnexure `B'\n(See Rule 76-A and 76-B)\n(Name of firm, society, company or body)\nRegistrar,\nChapter XIII\nAudit and Account", "footnote": "", "is_definition": false, "sort_order": 84 }, { "number": "77", "title": "77. Auditing of Accounts.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 85 }, { "number": "78", "title": "78. Maintenance of account books and other record.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 86 }, { "number": "79", "title": "79. Preparation of balance sheet and other accounts.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 87 }, { "number": "80", "title": "80. Audit fee.", "chapter": null, "content": "Chapter XIV\nSettlement of Disputes", "footnote": "", "is_definition": false, "sort_order": 88 }, { "number": "81", "title": "81. Reference of disputes.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 89 }, { "number": "82", "title": "82. Arbitration fee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 90 }, { "number": "83", "title": "83. Communication of date, time and place of hearing.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 91 }, { "number": "84", "title": "84. Power to appoint guardian for minors etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 92 }, { "number": "85", "title": "85. Hearing of disputes.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 93 }, { "number": "86", "title": "86. Time limit for making awards.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 94 }, { "number": "131", "title": "87. Cost of arbitration. [Section 131(2) (xix)].", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 95 }, { "number": "88", "title": "88. Maintenance of record of arbitration.", "chapter": null, "content": "Chapter XV\nWinding up of Co-operative Societies", "footnote": "", "is_definition": false, "sort_order": 96 }, { "number": "89", "title": "89. Procedure to be followed by liquidators.", "chapter": null, "content": "ifso facto.", "footnote": "", "is_definition": false, "sort_order": 97 }, { "number": "90", "title": "90. Approval by Registrar on order of liquidator.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 98 }, { "number": "91", "title": "91. Submission of quarterly report by liquidator.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 99 }, { "number": "92", "title": "92. Deposit of funds by liquidator.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 100 }, { "number": "93", "title": "93. Expenses incurred by liqudiator.", "chapter": null, "content": "[94. Distribution of assets. [Section 131(2)(xxvii).]", "footnote": "", "is_definition": false, "sort_order": 101 }, { "number": "95", "title": "95. Remuneration to liquidators.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 102 }, { "number": "96", "title": "96. Disposal of surplus assets.", "chapter": null, "content": "(a) deposit the amount in a co-operative bank until a new co- operative society with similar area of operation is registered when it shall be credited to reserve fund of the new co-operative society;\n(b) any purpose connected with the development of co-operative movement, subject to the approval of the Registrar;\n(c) an object of public utility selected with due regard to the wishers of the members and approved by the Registrar.", "footnote": "", "is_definition": false, "sort_order": 103 }, { "number": "97", "title": "97. Liability due to claimants whose whereabouts not known.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 104 }, { "number": "131", "title": "98. Removal of liquidator. [Section 131(1)].", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 105 }, { "number": "99", "title": "99. Maintenance of accounts by liquidator.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 106 }, { "number": "100", "title": "100. Final report by liquidator.", "chapter": null, "content": "[101. Disposal of assets.", "footnote": "", "is_definition": false, "sort_order": 107 }, { "number": "131", "title": "Section 131(2)(xxvii).", "chapter": null, "content": "Chapter XVI\nExecution of Awards, Decrees and Orders", "footnote": "", "is_definition": false, "sort_order": 108 }, { "number": "102", "title": "102. Enforcement of charge.", "chapter": null, "content": "Provided that no order [shall be] issued under this rule unless the member, past member or the nominee, heir or legal representative of the deceased member, has been served with a notice in the manner given in rule 103.", "footnote": "", "is_definition": false, "sort_order": 109 }, { "number": "103", "title": "103. Manner and service of notice.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 110 }, { "number": "104", "title": "104. Procedure in execution of award etc.", "chapter": null, "content": "(i) Movable property of the defaulter shall be first proceeded against, but this shall not preclude the immovable property being proceeded against simulteaneously in case of necessity.\n(ii) If there is no movable property, or if the sale proceeds of the moveable property or properties attached and sold are insufficient to meet in full the demand of the decree holder, the immovable property charged or mortgaged to the decree-holder or other immovable property belonging to the defaulter may be proceeded against.\n(a) The Sale Officer shall, after giving prior notice to the decree- holder and the defaulter, proceed to the village or locality where the defaulter resides or the property to be distrained is situated and serve a demand notice to the defaulter if he is present. If the amount due together with the expenses is not at once paid, the Sale Officer shall make the distress and shall immediately deliver to the defaulter a list of inventory of the property distrained and an intimation of the place and day and hour at which the distrained property will be brought to sale if the amounts due are not discharged by him. If the defaulter is absent, the Sale Officer shall serve the demand notice on some adult member of his family or on his authorised agent or when such service cannot be affected, shall affix a copy of the demand notice on some conspicuous part of his residence. He shall then proceed to make the distress and shall fix, the list of the property attached, on the usual place of residence of the defaulter endorsing thereon the place where the property may be lodged or kept and place, day and hour of sale.\n(b) After the distress is made, the Sale Officer may arrange for the custody of the property attached. If the sale officer requires the decree holder to undertake the custody of the property he shall be bound to do so and any loss incurred owing to his negligence shall ve nade good by the decree-holder. If the attached property is livestock, the decree holder shall be responsible for providing the necessary food therefor. The Sale Officer may, at the instance of the defaulter or of any person claiming and interested in such property leave it at the village or place where it was attached in the charge of such defaulter or person, if he enters into a bond in the form specified by the Registrar with one or more sufficient sureties for the production of the property when called for.\n(c) The distress shall be made after sunrise and before sunset and not at any other time.\n(d) The distress levied shall not be excessive that is to say the property distrained shall be as nearly as possible propertionate to the sum due by the defulter together with interest and all expenses incidental to the disstraint,detention and sale.\n(e) If crops or un-gathered productes of the land beloninging to a defaulter are attached, the sale officer may cause them to be sold when fit for reaping or gathering or at his option may cause them to be reaped or gathered in the season and stored in proper place until sold . In the later case the expenses of reaping or gathering and storing such crops or products shall be defrayed by the defaulther upon his redeeming the property or from the proceeds of the sale in the event of its being sold .\n(f) The Sale Officer shall not work the bullock or cattle or make use of goods or effects distrained and he shall provide the necessary food for the cattle or livestock the expenses attending which shall be defrayed by the defaulter upon his redeeming the property or from the proceeds of sale in the event of its being sold.\n(g) It shall be lawful for the Sale Officer to force open any stable, cow house granary godown, outer-house or other building and he may also enter any dwelling house the out door of which may be open and may break open the door or any room in such dwelling house for the purpose of attaching property belonging to a defaulter and lodged therein, provided always that it shall not by lawful for the officer to break open or enter apartment in such dwelling house appropriated for the zenana or residence of women except as hereinafter provided.\n(h) When the Sale Officer may have reason to suppose that the property of the defaulter is lodged within a dwelling house the outer door of which may be shut or within any apartments appropriated to women which by custom or usage are considered private, the Sale Officer shall represent the fact to the Officer Incharge of the nearest police station. On such representation the Officer Incharge of the said station shall send a police officer to the spot in the presence of whom the Sale Officer may force open the outer door of such dwelling house and in like manner he may break open the door of any room within the house except the zenana. The Sale Officer may also in the presence of a police officer, after due notice is given for the removal of women within a zenana and after furnishing means for their removal in a suitable manner if they be women of rank, who according to the custom or usage cannot appear in public, enter the zenana apartments for the purpose of destraining the defaulter's property, if any deposited therein, but property if found, shall be immediately removed from such apartment after which they shall be left free to the former occupants.\n(i) The Sale Officer shall on the day previous to and on the day of sale cause proclamation of the time and place of the intended sale to be made by beat of drum in the village or locality in which the defaulter resides and in such other places as the officer may consider necessary to give due publicity to the sale. No sale shall take place until after the expiration of the period of fifiteen days from the date on which the slae notice has been served or affixed in the manner prescribed in clause (a), provided that where the property seized is subject to speedy and natural decay or where the expense of keeping it in custody is likely to exceed its value, the Sale Officer may sell it at any time before the said period of fifteen days unless the amount due is sooner paid;\n(j) At the appointed time the property shall be put up in one or more lots as the Sale Officer may consider advisable and shall be disposed of to the highest bidder:\nProvided that it shall be open to the Sale Officer to decline to accept the highest bid where the price offered appears to be unduly low or for other reason. Where the property is sold for more than the amount due, the excess amount, after deducting the interest and the expenses of process and the charges shall be paid to the defaulter:\nProvided further that the Recovery Officer or the Sale Officer may, in his discretion adjourn the sale to a specified day and hour recording his reasons for such adjournment. Where a sale is so adjourned for a period longer than seven days, a fresh proclamation under clause (i) shall be made unless the defaulter cosents to waive it.\n(k) The property shall be paid for in cash at the time of sale as soon therafter as the officer holding the sale shall appoint and the purchaser shall not be permitted to carry away any part of the property, shall until he has paid for it in full. Where the purchaser may fail in the payment jof purchase money the property shall be resold.\n(l) Where it is proved to the satisfaction of any civil court of competent jurisdiction that any property which has been distrained under these rules has been forcibly or clandestinely removed by any person, the court may order forthwith such property to be restored to Sale Officer .\n(m) Where prior to the day fixed for sale, the defaulter or any person acting on his behalf or any person claiming an interest, in the property attached pays the full amount due including interest and other costs incurred in attaching the property, the Sale Officer shall cancel the order of attachment and release the property forthwith.\n(n) The movable properties mentioned as exempt from attachment in the proviso to section 60 of the Code of Civil Procedure, 1908 (5 of 1908) shall not be liable to attachment or sale under these rules.\n(ii) Where the property to be attached is a negotiable instrument not deposited in a court nor in the custody of a public officer, the attachment shall be made by actual seizure and the instrument shall be deposited with the Recovery Officer ordering the attachment subject to further order.\n(iii) Where the property to be attached is in the custody of any court for public officer, the attachment shall be made by a notice to such court or officer requesting that such property and any interest or dividend becoming payable thereon may be held subject to the further orders of the Recovery Officer issuing the notice;\nProvided that where such property is in the custody of a court or Recovery Officer of another district, any question of title or priority arising between the decree-holder and any other person not being the defaulter, claiming to be interested in such property by virtue of any assignment, attachment or otherwise shall be determined by such court or Recovery Officer.\n(ii) Where the property to be attached is a decree of the nature referred to in sub-rule (1) the attachment shall be made by the issue of a notice by the Recovery Officer to the holder of such decree prohibiting him from transferring or charging the same in any way.\n(iii) The holder of a decree attached under sub-rule (ii) shall give the Recovery Officer executing the decree such information and aid as may reasonably be required.\n(iv) On the application of the holder of a decree sought to be attached, the Recovery Officer making an order of attachment shall give notice of such order to the judgment-debtor bound by the decree attached; and no payment or adjustment of the attached decree made by the judgment-debtor in contravention of such order after receipt of notice thereof, either through the said Recovery Officer or otherwise, shall be recognised so long as attachment remain in force.\n(a) a debt due to the defaulter in question; or\n(b) a share in the capital of a corporation or a deposit invested therein; or\n(c) other movable property not in the possession of the defaulter except property deposited in or in the custody of any civil court, the attachment shall be made by a written order signed by the Recovery Officer prohibiting:-\n(i) in the case of debt, the creditor from recovering the debt and the debtor from making payment thereof;\n(ii) in the case of share or deposit the person in whose name the share or the deposit may be standing, from transferring the share of or deposit or receiving any dividend or interest thereon; and\n(iii) in the case of any other movable property except aforesaid the person in possession of it from giving it over to the defaulter.\n(a) The application presented under sub-rule (3) shall contain a description of the immovable property to be proceeded against sufficient for its identification and in case such property can be identified by boundaries or numbers in a record of settlement or survey, the specification of such boundaries or numbers and the specification of the defaulter share or interest in such property to the best of the belief of the decree-holder and so far as he has been able to ascertain it;\n(b) The demand notice issued by the Recovery Officer under sub-rule (3) shall contain the name of the defaulter, the amount due, including the expenses, if any the time allowed for payment and in the case of non-payment the particulars of the properties to be attached and sold or to be sold without attachment, as the case may be. After receiving the demand notice the Sale Officer shall serve or cause to be served a copy of the demand notice upon the defaulter or upon some adult male member of his family at his usual place of residence, or upon his authorised agent or if such personal service is not possible shall affix a copy thereof on some conspicuous part of the immovable property required to be attached and sold or sold without attachment as the case may be:\nProvided that where the Recovery Officer is satisfied, that a defaulter with intent to defeat or delay the execution proceedings against him is about to dispose of the whole or any part of his property, the demand notice issued by the Recovery Officer under sub-rule (3) shall not allow any time to the defaulter for payment of the amount due by him and the property of the defaulter shall be attached forthwith.\n(c) If the defaulter fails to pay the amount specified in the demand notice within the time allowed, the Sale Officer shall proceed to attach and sell, or sell without attachment as the case may be, the immovable property noted in the application for execution in the manner specifed below ;\n(d) Where attachment is required before sale, the Sale Officer shall if possible, cause a notice of attachment to be served on the defaulter personally. Where personal service is not possible the notice shall be affixed in some conspicious part of the defaulters, last known residence, if any. The fact of attachment shall also be proclaimed by the beat of drum or other customary mode at some place in or adjacent to such property and at such other place or places as the Recovery Officer may consider necessary to give due publicity to the sale. The attachment notice shall set forth that, unless the amount due with interest and expenses be paid within the date mentioned therein the property will be brought to sale. A copy shall be sent to the decree-holder. Where the Sale Officer so directs the attachment shall be notified by public proclamation in the official gazette.\n(e) Proclamation of sale shall be published by affixing a notice in the office of the Recovery Officer and the Tehsil Office at least thirty days before the date fixed for sale and also by the beat of drum in the village or locality on two consecutive days previous to the date of sale and on the day of sale prior to the commencement of the sale. Such proclamation shall, where attachment is required before sale, be made after the attachment has been effected. Notice shall also be given to the decree-holder and the defaulter. The proclamation shall state the time and place of sale and specify as fully and accurately as possible :-\n(i) the property to be sold;\n(ii) any encumbrance to which the property is liable;\n(iii) the amount of recovery for which sale is ordered, and\n(iv) [any] other matter which the Sale Officer considers material for a purchaser to know in order to judge the nature and value of the property.\n(f) Where any immovable property is sold under these rules, the sale shall be subject to the prior encumbrances on the property, if any. The decree-holder shall when the amount for the realisation of which the sale is held exceeds Rs. 100, furnish to the Sale Officer within such time as may be fixed by him or by the Recovery Officer, an encumbrance certificate from the Registration Department for the period of not less than twelve years prior to the date of attachment of the property sought to be sold, or in cases falling under the proviso to sub-rule (10), prior to the date of application for execution. The time for production of the encumbranced certificate may be extended at the discretion of the Sale Officer or the Recovery Officer, as the case may be. The sale shall be by public auction to the highest bidder, provided that it shall be open to the Sale Officer to decline to accept the highest bid when the price offered appears to be unduly low or for other reasons and provided also that the Recovery Officer or the Sale Officer, may, in his discretion, adjourn the sale to a specified day or hour, recording his reason for such adjournment. Where a sale is so adjourned for a longer period than seven days, a fresh proclamation under clause (e) shall be made, unless the judgment-debtor consents to waive it. The sale shall be held after the expiry of not less than thirty days calculated from the date on which notice of the proclamation was affixed in the office of the Recovery Officer. The time and place of sale shall be fixed by the Recovery Officer and the place of sale, shall be the village or locality where the property to be sold is situated or such adjoining prominent place of public resort as may be fixed by the said Recovery Officer :\n(g) A sum of money equal to 15 per cent of the price of immovable property shall be deposited by the purchaser in the hards of the sale officer at the time of the purchase and in default of such deposit, the property shall fourthwith be resold:\nProvided that where the decree-holder is the purchaser and is entitled to set off the purchase money under clause (k), the Sale Officer shall dispense with the requirements of this rule.\n(h) The remainder of the purchase money and the amount required for the general stamp for the sale certificate shall be paid within fifteen days from the date of sale:\nProvided that the time for payment of the cost of the stamp may, for good and sufficient reasons be extended at the discretion of the Recovery Officer upto thirty days from the date of sale;\nProvided further that in calculating the amounts to be paid under the clause, the purchaser shall have the advantage of any set-off to which he may be entitled under clause (k).\n(i) In default of payment within the period mentioned in the last preceeding clause the deposits, may if the Recovery Officer thinks fit after defraying the expenses of the sale, be forfeited and the defaulting purchaser shall forfeit all claims to the property or to any part of the sum for which it may subsequently be sold.\n(j) Every re-sale of immovable property in default of payment of the amount mentioned in clause (h) within the period allowed for such payment, shall be made after the issue of a fresh proclamation the manner and for the period hereinbefore prescribed for the sale.\n(k) Where a decree-holder purchase the property, the purchase money and the amount of demand shall be set off against one another and the Sale Officer shall enter upon satisfaction of the demand in whole or in part accordingly.\n(a) for payment to the purchaser a sum equal to five per cent of the purchase money, and\n(b) for payment to the decree-holder, the amount of arrears specified in the proclamation of sale as that for the recovery of which the sale was ordered together with interest thereon and the expenses of attachment, if any, and sale and other cost due in respect of such amount less the amount which may since the date of such proclamation has been received by the decree- holder.\n(ii) If such deposit and application are made within thirty days from the date of sale, the Recovery Officer shall pass an order setting aside the sale and shall repay to the purchaser, the purchase money so far it has been deposited together with five per cent deposited by the applicant:\nProvided that if more person than one have made deposit and application under this sub-rule the application for the first depositor to the officer authorised to set aside the sale shall be accepted.\n(iii) If a person applied under sub-rule (14) to set aside the sale of immovable property he shall not be entitled to make an application under this sub-rule.\"\nProvided that no sale shall be set aside on the ground of irregularity or fraud unless the said Recovery Officer is satisfied that the applicant has sustained substantial injury by reason of such irregularity mistake or fraud.\n(ii) If the application is allowed, the said Recovery Officer shall set aside the sale and may direct a fresh one.\n(iii) On the expiration of thirty days from the date of sale if no application to have the sale set aside is made or if such application has been made and rejected, the said Recovery Officer shall make order confirming sale:\nProvided that if he shall have reason to believe that the sale ought to be set aside notwithstanding that no such application has been made or on grounds other than those alleged in any application which has been made and rejected he may, after recording his reasons in writting set aside the sale;\n(iv) Whenever the sale of any immovable property is not confirmed or is set aside, the deposit or the purchase money as the case may be, shall be returned to the purchaser.\n(v) After the confirmation of any such sale, the said Recovery Officer shall grant a certificate of sale in such form as may be specified by the Registrar bearing his seal and signature to the purchaser, and such certificate shall state the property sold and the name of the purchaser and it shall be conclusive evidence of the fact of the purchase in all courts and tribunals, where it may be necessary to prove it and no proof of the seal or signature of the Recovery Officer shall be necessary unless the authority before whom it is produced shall have reasons to doubt its genuineness.\n(b) Where the property to which the claim or objection relates has been advertised for sale, the Sale Officer, may postpone the sale pending the investigation of the claim or objection.\n(c) Where a claim or an objection is preferred, the party against whom an order is made may institute a suit within six months from the date of order to establish the right which he claims to the property in dispute, but subject to the result of such suit if any, the order shall be conclusive.\n(ii) Where the property may, on the second sale, is sold for a higher price than the first sale, the defaulting purchaser at the first sale shall have no claim to the difference or increase.\n(b) Where assets are held by the Sale Officer and before the receipt of such assets demand notice in pursuance of application for execution awards or order against the same defaulter have been received from more than one decree holder and the decree-holders have not obtained satisfaction the assets after deducting the cost of realisation shall be rateably distributed by the Sale Officer among all such decree-holders in the manner provided in section 73 of the Code of Civil Procedure, 1908.\nChapter XVII\nMode of Service", "footnote": "", "is_definition": false, "sort_order": 111 }, { "number": "105", "title": "105. Mode of Service.", "chapter": null, "content": "(a) by giving or tendering it to such person; or\n(b) if such person is not found, by leaving it at his last known place of abode or business or by giving or tendering it to some adult member of his family; or\n(c) if the address of such person is known to the Registrar or other authorised person, by sending it to him by registered post with A.D.; or\n(d) if none of the means aforesaid is available by affixing it at some conspicuous part of his last known place of abode or business.\nChapter XVIII\nMiscellaneous", "footnote": "", "is_definition": false, "sort_order": 112 }, { "number": "106", "title": "106. Appeals.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 113 }, { "number": "107", "title": "107. Inspection of documents.", "chapter": null, "content": "(1) registration register;\n(2) registration certificate of a society;\n(3) registered bye-laws of a society and amendments effected in such bye-laws.\n(4) order cancelling the registration of a society;\n(5) order directing the liquidation of registered society;\n(6) annual account of the society ;\n(7) any decision of the Registrar or award of an arbitrator.", "footnote": "", "is_definition": false, "sort_order": 114 }, { "number": "108", "title": "108. Fees for copies of public documents.", "chapter": null, "content": "(1) for registration certificate ........Rs. 10.00\n(2) in the case of other documents a sum calculated at the following rates:-\n(i) first two hundred words or under Rs. 1.50.\n(ii) every additional hundred words or fraction thereof Rs. 0.75.", "footnote": "", "is_definition": false, "sort_order": 115 }, { "number": "109", "title": "109. Form of order.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 116 }, { "number": "110", "title": "110. Special Rule.", "chapter": null, "content": "(a) subscribed to the share capital of a Co-operative Society; or\n(b) guaranteed the principal and interest in respect of debentures issued by the society; or\n(c) guaranteed the principal and interest in respect of loan and advances to the Society; or\n(d) assisted the society with loan and grants; by not less than one lac rupees.\n(i) At least fiften days' clear notice, specifying the date, place, time and agenda for a meeting of a general body, committee and atleast seven days clear notice for a meeting of any smallar body set up by the either of them, whether, convened by the Registrar, the Chief Executive Officer or otherwise, shall be given to all the members of the general body/committee or smaller body as the case may be.\n(ii) The Registrar, may of his own motion or on a reference made to him, declare the proceedings of the meeting referred to in clause (i) as invalid, if he is satisfied that the meeting was held without proper notice or without all the members having received the notice for the meeting or if the meeting was not conducted at the appropriate place and time ; and\n(iii) No matter shall, except with the permission or direction of the Registrar be considered in a meeting of a general body, committee or in a meeting of any smaller body set up by either of them unless that matter is specifically included in the agenda which is circulated to all members at least fifteen clear days or seven days in advance, respectively.\n(iv) Should a difference of opinion in respect of any matter arise between a nominated member of the committee and other members thereof, the opinion of the nominated member shall be recorded in the minutes of the meeting in the words of the nominated members and the minutes shall also be got signed from the nominated member. As required by sub-section (2) of Section 29, the Chairman or the Chief Executive Officer shall, as soon as possible, make a reference to the Government and if no reference is made within seven days of the date of the meeting the Registrar may, on receipt of a report from a nominated member, make reference to the government for getting its decision.", "footnote": "", "is_definition": false, "sort_order": 117 }, { "number": "111", "title": "111. Service of order.", "chapter": null, "content": "(a) If the document is addressed to the co-operative society:-\n(i) by delivering it to the Secretary, the President, the Chairman, the Managing Director, the Manager or any other person to whom the management of the co-operative society concerned is entrusted for the time being; or\n(ii) by sending it by registered post to the persons mentioned in sub-clause (i);\n(b) if the document is addressed to the member, creditor or any other person;\n(i) by tendering or delivering it to him; or\n(ii) by sending it by registered post to him; or\n(iii) if such person cannot be found, by affixing on some conspicuous part of his last known place of residence or business; or\n(v) if none of the means aforesaid is available, by publishing it in the \"Sehkari Parkash\" and some leading Hindi newspaper having wide circulation in the locality.", "footnote": "", "is_definition": false, "sort_order": 118 }, { "number": "112", "title": "112. Appointment of relatives to any office.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 119 }, { "number": "113", "title": "113. Repeal.", "chapter": null, "content": "Forms\nForms\nForm 1\nForm 1\n(See rule 5)\nApplication for Registration of A Co-Operative Society", "footnote": "", "is_definition": false, "sort_order": 120 }, { "number": "1", "title": "1. Name of proposed co-operative society", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 121 }, { "number": "2", "title": "2. Class of co-operative society and whether limited or un-limited.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 122 }, { "number": "3", "title": "3. Address to be registered.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 123 }, { "number": "4", "title": "4. Area of operation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 124 }, { "number": "5", "title": "5. Main objects.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 125 }, { "number": "6", "title": "6. Number of members at present.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 126 }, { "number": "7", "title": "7. Occupation of members.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 127 }, { "number": "8", "title": "8. Capital with details of shares, admission fees and deposits, if any.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 128 }, { "number": "9", "title": "9. Value of share and mode of payment.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 129 }, { "number": "10", "title": "10. Names of members of the Managing Committee elected by the Promoter members.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 130 }, { "number": "11", "title": "11. Name of applicant for purposes of correspondence by the Registrar", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 131 }, { "number": "12", "title": "12. Particulars for the Promoter members :-", "chapter": null, "content": "Sr. No.\nSr. No.\nName and Father's name\nName and Father's name\nAge\nAge\nOccupation\nOccupation\nPlace of residence (Village & Post Office)\nPlace of residence (Village & Post Office)\nNumber of shares subscribed\nNumber of shares subscribed\nSignature\nSignature\n1\n2\n3\n4\n5\n6\n7\nForm II\nForm II\n(See Rule 7)\nCertificate of Registration\nCertificate of Registration", "footnote": "", "is_definition": false, "sort_order": 132 }, { "number": "1", "title": "1. Signature ___________________________________________________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 133 }, { "number": "2", "title": "2. Name of the Registering Authority _______________________________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 134 }, { "number": "3", "title": "3. Rank ______________________________________________________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 135 }, { "number": "4", "title": "4. Address ____________________________________________________", "chapter": null, "content": "Form III\nForm III\n(See Rule 7)\nRegister of Societies Registered Under\nRegister of Societies Registered Under\nThe Haryana Co-Operative Societies Act 1984\nThe Haryana Co-Operative Societies Act 1984\nSl. No.\nSl. No.\nDate of receipt of application\nDate of receipt of application\nDate of registration\nDate of registration\nRegistration No.\nRegistration No.\nName of the Society\nName of the Society\nRegistered address of the Society\nRegistered address of the Society\nArea of operation\nArea of operation\nNumber of the Promoter members\nNumber of the Promoter members\nName of the Committee Members elected by the\n\t\t\t\tPromoter members\nName of the Committee Members elected by the\n\t\t\t\tPromoter members\nDate of bringing it under winding up\nDate of bringing it under winding up\nDate of cancellation\nDate of cancellation\nRemarks\nRemarks\n1\n1\n2\n2\n3\n3\n4\n4\n5\n5\n6\n6\n7\n7\n8\n8\n9\n9\n10\n10\n11\n11\n12\n12\nForm IV\nForm IV\n(See Rule 37)\nDeclaration of Charge/mortgage Under Section 53(B) of The Haryana Co-Operative Societies Act, 1984 (22 Of 1984)\nDeclaration of Charge/mortgage Under Section 53(B) of The Haryana Co-Operative Societies Act, 1984 (22 Of 1984)\n1.", "footnote": "", "is_definition": false, "sort_order": 136 }, { "number": "1", "title": "1. Signature of the person making declaration\n\t\t\t\t________________________________", "chapter": null, "content": "2.", "footnote": "", "is_definition": false, "sort_order": 137 }, { "number": "2", "title": "2. Full Name ______________________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 138 }, { "number": "3", "title": "3. Father's Name _________________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 139 }, { "number": "4", "title": "4. Address :______________________", "chapter": null, "content": "SCHEDULE\nName of village with Hadbast No.\nName of village with Hadbast No.\nName of Tehsil\nName of Tehsil\nName of District\nName of District\nDetails of land/building/immovable property or\n\t\t\t\tinterest in the property under declaration of charge/mortgage.\nDetails of land/building/immovable property or\n\t\t\t\tinterest in the property under declaration of charge/mortgage.\n1\n2\n3\n4\nSignature of the person making declaration (To be attested by a Gazetted Officer) Date: __________________\nSignature of the person making declaration\n(To be attested by a Gazetted Officer)\nAttested\n(Seal)", "footnote": "", "is_definition": false, "sort_order": 140 }, { "number": "1", "title": "1. Signature of the Gazetted Officer attesting (the designation)", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 141 }, { "number": "2", "title": "2. Name of the Gazetted Officer _____________________________________________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 142 }, { "number": "3", "title": "3. Designation ___________________________________________________________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 143 }, { "number": "4", "title": "4. Address ______________________________________________________________", "chapter": null, "content": "Verification\nVerification\n(SEAL)", "footnote": "", "is_definition": false, "sort_order": 144 }, { "number": "1", "title": "1. Signature of the Manager of the Society _________________________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 145 }, { "number": "2", "title": "2. Name of the Manager ________________________________________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 146 }, { "number": "1", "title": "1. Signature of the Manager ______________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 147 }, { "number": "2", "title": "2. Name of the Manager __________________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 148 }, { "number": "3", "title": "3. Name of the Society ___________________", "chapter": null, "content": "Form V\nForm V\n(See rule 37)\nRegister of Declaration of Charge\nRegister of Declaration of Charge\nMortgage Under Section 53(B) of The Haryana Co-Operative Societies Act, 1984\nMortgage Under Section 53(B) of The Haryana Co-Operative Societies Act, 1984\nSl. No.\nSl. No.\nName of the Declarator\nName of the Declarator\nFather's Name\nFather's Name\nAddress\nAddress\nDate of Declaration\nDate of Declaration\nDetails of property placed under\n\t\t\t\tcharged/mortgage\nDetails of property placed under\n\t\t\t\tcharged/mortgage\n1\n1\n2\n2\n3\n3\n4\n4\n5\n5\n6\n6\nWhether under charge or under mortgage\nThe maximum amount for which charged/mortgaged\nDate of sending the declaration to the\n\t\t\t\tSub-Registrar with his address\nName and Designation of the official verifying\n\t\t\t\tthe declaration\n7\n8\n9\n10\nName and Designation of the Gazetted Officer\n\t\t\t\tattesting the declaration\nName of the witness to declaration\nDate of receipt of a copy of the declaration\n\t\t\t\tfrom the Sub-/Registrar\nDate of sending to Tehsildar/Revenue Officer\n11\n12\n13\n14\nDate of receipt from the Tehsildar/Revenue\n\t\t\t\tOfficer Date of Advancement of the loan(s) Amount of loan(s) advanced Signature of the official making these entries Remarks 15 16 17 18 19 Form VI [See rule 45(1)] Application Under Section 72 Of The Haryana Co-Operative Societies Act, 1984 for Distraint And Sale of Produce To __________________\nDate of receipt from the Tehsildar/Revenue\n\t\t\t\tOfficer\nDate of receipt from the Tehsildar/Revenue\n\t\t\t\tOfficer\nDate of Advancement of the loan(s)\nDate of Advancement of the loan(s)\nAmount of loan(s) advanced\nAmount of loan(s) advanced\nSignature of the official making these entries\nSignature of the official making these entries\nRemarks\nRemarks\n15\n15\n16\n16\n17\n17\n18\n18\n19\n19\nForm VI [See rule 45(1)] Application Under Section 72 Of The Haryana Co-Operative Societies Act, 1984 for Distraint And Sale of Produce To\nForm VI\nForm VI\n[See rule 45(1)]\nApplication Under Section 72\nApplication Under Section 72\nOf The Haryana Co-Operative Societies Act, 1984 for Distraint And Sale of Produce\nOf The Haryana Co-Operative Societies Act, 1984 for Distraint And Sale of Produce", "footnote": "", "is_definition": false, "sort_order": 149 }, { "number": "1", "title": "1. Applicant (Name of the Society) ___________________________________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 150 }, { "number": "2", "title": "2. Name of the defaulter __________, son of _____________ Village __________, Post Office________, Police Station________, Tehsil_________, District________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 151 }, { "number": "3", "title": "3. Particulars of the land mortgaged or charged :", "chapter": null, "content": "Name of village__________, Khasra No.___________, Area____________, Post Office________, Police Station___________, Tehsil_________, District ___________.", "footnote": "", "is_definition": false, "sort_order": 152 }, { "number": "4", "title": "4. Date of default, Ist instalment Next instalment.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 153 }, { "number": "5", "title": "5. Amount under default on __________ (date) __________________", "chapter": null, "content": "(i) Principal _____________________\n(ii) Interest ______________________\n(iii) Total _______________________", "footnote": "", "is_definition": false, "sort_order": 154 }, { "number": "1", "title": "1. Signature of the person Authorised ", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 155 }, { "number": "2", "title": "2. Name and address of the person making this application.", "chapter": null, "content": "Form VII\nForm VII\n[See rule 43(2)]\nDemand Notice Under Section 73 of The\nDemand Notice Under Section 73 of The\nHaryana Cooperative Societies Act, 1984\nHaryana Cooperative Societies Act, 1984", "footnote": "", "is_definition": false, "sort_order": 156 }, { "number": "1", "title": "1. Name of the applicant (Society) __________________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 157 }, { "number": "2", "title": "2. Name of the defaulter ____________Son of ___________, Village ____________, Post Office ____________, Police Station _____________Tehsil ___________, District ___________.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 158 }, { "number": "3", "title": "3. Amount under default as on __________________.", "chapter": null, "content": "(i) Principal __________________\n(ii) Interest ___________________\n(iii) Address __________________\nForm VIII\nForm VIII\n[See rule 43(3)]\nWarrants of Distraint (Seizor)\nWarrants of Distraint (Seizor)\nSchedule\nParticulars of The Charged or Mortgaged Land\nParticulars of The Charged or Mortgaged Land\nSr. No.\nSr. No.\nName of the Village\nName of the Village\nName of Post Office\nName of Post Office\nName of Police Station\nName of Police Station\nName of Tehsil\nName of Tehsil\nName of District\nName of District\nKhasra No. of the land under charge\nKhasra No. of the land under charge\nKhasra No. of the land under mortgage\nKhasra No. of the land under mortgage\nArea\nArea\n1\n2\n3\n4\n5\n6\n7\n8\n9\nForm IX\nForm IX\n[ See Rule 46(1)]\nDemand\nDemand\nSl. No.\nSl. No.\nName of the Village\nName of the Village\nKhasra No. of the land\nKhasra No. of the land\nArea of the land\nArea of the land\nPost office\nPost office\nPolice Station\nPolice Station\nTehsil\nTehsil\nDistrict\nDistrict\nParticulars of the produce or standing crops\n\t\t\t\tor both as the case may be\nParticulars of the produce or standing crops\n\t\t\t\tor both as the case may be\n1\n2\n3\n4\n5\n6\n7\n8\n9\nForm X\nForm X\n[See Rule 57]\nApplication for Sale of Mortgaged Property\nApplication for Sale of Mortgaged Property\nSl. No.\nSl. No.\nName of the village\nName of the village\nName of the Post Office\nName of the Post Office\nName of the Police Station\nName of the Police Station\nTehsil\nTehsil\nDistrict\nDistrict\nKhasra No. of land under mortgage\nKhasra No. of land under mortgage\nArea\nArea\n1\n2\n3\n4\n5\n6\n7\n8\n(i) Principal __________________________________________________\n(ii) Interest ___________________________________________________\n(iii) Expenses incurred __________________________________________\nSerial No.\nName with full address\n1\n2", "footnote": "", "is_definition": false, "sort_order": 159 }, { "number": "1", "title": "1. Signature of the authorised person on behalf of Society _________________ ", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 160 }, { "number": "2", "title": "2. Name of the person authorised ____________________________________. ", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 161 }, { "number": "3", "title": "3. Address of the person authorised ___________________________________", "chapter": null, "content": "Form XI\nForm XI\n[See Rule 57]\nForm of Notice\nForm of Notice\n1. __________________(Defaulter)\n2. _________________(Surety/Sureties)\n3. _________________(Person(s) having interest in mortgaged property)\n(i) Principal ________________________________________\n(ii) Interest _________________________________________\n(iii) Expenses incurred ________________________________\nSl. No.\nSl. No.\nName of the village\nName of the village\nName of the Post Offiice\nName of the Post Offiice\nName of the Police Station\nName of the Police Station\nTehsil\nTehsil\nDistrict\nDistrict\nKhasra No. of land under mortgage\nKhasra No. of land under mortgage\nArea\nArea\n1\n2\n3\n4\n5\n6\n7\n8", "footnote": "", "is_definition": false, "sort_order": 162 }, { "number": "1", "title": "1. Signature of the Sale Officer _____________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 163 }, { "number": "2", "title": "2. Name of the Sale Officer ________________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 164 }, { "number": "3", "title": "3. Address of the Sale Officer ______________", "chapter": null, "content": "Form XII\nForm XII\n[See rule 59]\nProclamation of Sale Under Rule 63\nProclamation of Sale Under Rule 63", "footnote": "", "is_definition": false, "sort_order": 165 }, { "number": "1", "title": "1. Name of the applicant (society) ________________________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 166 }, { "number": "2", "title": "2. Name of the defaulter with address _____________________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 167 }, { "number": "3", "title": "3. Date of sale ________________________________________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 168 }, { "number": "4", "title": "4. Time of sale ________________________________________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 169 }, { "number": "5", "title": "5. Place of sale __________________________________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 170 }, { "number": "6", "title": "6. Particulars of property to be sold __________________", "chapter": null, "content": "Sl. No.\nSl. No.\nName of the village\nName of the village\nName of the Post Office\nName of the Post Office\nName of the Police Station\nName of the Police Station\nTehsil\nTehsil\nDistrict\nDistrict\nKhasra No. of land under mortgage\nKhasra No. of land under mortgage\nArea\nArea\nLand revenue or rent payable\nLand revenue or rent payable\n1\n2\n3\n4\n5\n6\n7\n8\n9\n(i) Principal ____________________________________\n(ii) Interest _____________________________________\n(iii)Expenses incurred ____________________________\nNote. The interest is to be calculated upto date", "footnote": "", "is_definition": false, "sort_order": 171 }, { "number": "1", "title": "1. Signature of the Sale Officer _______", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 172 }, { "number": "2", "title": "2. Name of Sale Officer ______________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 173 }, { "number": "3", "title": "3. Address of the sale Officer __________", "chapter": null, "content": "Appendix `A'\nAppendix `A'\n[See Rule 25]\nPart I\nProcedure for Election to The Committee of The Co-Operative Societies\nProcedure for Election to The Committee of The Co-Operative Societies", "footnote": "", "is_definition": false, "sort_order": 174 }, { "number": "1", "title": "1. Application.", "chapter": null, "content": "(i) Milk Producer Society and Dairy Development Co-operative Federation, where the Managing Committee shall be elected in accordance with their bye-laws;\n(ii) a Co-operative Society where all its members are represented on the Committee;\n(iii) a Co-operative Society where each member is represented on the Committee in rotation without poll;\n(iv) a Co-operative Society which is under the process of winding up.", "footnote": "", "is_definition": false, "sort_order": 175 }, { "number": "2", "title": "2. Definitions.", "chapter": null, "content": "(a) \"Candidate\" means a voter who files his nomination papers to seek election;\n(b) \"Election\" means election to the Committee;\n(c) \"Manager\" means the Chief Executive Officer of a Society, by whatsoever name called or any person other than the members of the committee appointed by the Registrar for the purpose of election;\n(d) \"Polling Station\" means a place specified for holding the poll.\n(e) \"Presiding Officer\" means a person appointed by the Returning Officer to be incharge of the Polling Station for the purpose of poll;\n(f) \"Returning Officer\" means the Registrar or any other officer not below the rank of Assistant Registrar of Co-operative Societies authorised by him in this behalf by a special or general order;\n(g) \"Voter\" means a person who is either a share-holder or an authorised representative of a member cooperative society duly qualified to participate in the election and includes a delegate of a cooperative society elected or selected in accordance with the proviso to section 25 of the Act.\nPart II\nRules for Election for Apex or Central Co-operative Societies the Primary Co-operative Land Development Banks, Cane Growers Co-operative Societies, the Marketing or Marketing-cum-Processing Societies, Sugar Mills and Urban Banks\nRules for Election for Apex or Central Co-operative Societies the Primary Co-operative Land Development Banks, Cane Growers Co-operative Societies, the Marketing or Marketing-cum-Processing Societies, Sugar Mills and Urban Banks", "footnote": "", "is_definition": true, "sort_order": 176 }, { "number": "3", "title": "3. Preparation of list of Zones and Voters.", "chapter": null, "content": "(i) for an apex Co-operative Society, consists of--\n(a) Additional Registrar, Co-operative Societies, or Joint Registrar Co-operative Societies, nominated by the Registrar, Co-operative Societies; and\n(b) two members of the committee nominated by the Committee of the society concerned or the Administrator or the Administrators, as the case may be; and\n(ii) for Central Co-operative Banks, comsist of -\n(a) Deputy Registrar, incharge of the Bank; and\n(b) two members of the committee nominated by the committee of the society concerned or the Administrator or the Administrators as the case may be;and\n(iii) for Primary Co-operative Land Development Bank, Cane Growers Co-operative Society, a Marketing or Marketing-cum-Processing Society, Sugar Mills and Urban Bank or other central societies, consist of;--\n(a) The Assistant Registrar, Co-operative Societies, incharge of the society ; and\n(b) two members of the committee nominated by the Committee of the society concerned or the Administrator or the Administrators as the case may be.\n(a) the registered office and the branch office, if any, of the co- operative society;\n(b) the office of the Assistant Registrar and the Deputy Registrar of the Co-operative Society concerned; and\n(c) any other common places in the area of operation of the cooperative society, as the Zonal Committee may direct.\nProvided that such objections may also be filed with the Manger.\nProvided that if any change is made in the list, reason therefore shall be recorded therein.", "footnote": "", "is_definition": false, "sort_order": 177 }, { "number": "4", "title": "4. Fixation of date of election.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 178 }, { "number": "5", "title": "5. Election Programme.", "chapter": null, "content": "Sr. No.\nSr. No.\nProgramme\nProgramme\nDate\nDate\nTime\nTime\nPlace\nPlace\n1\n2\n3\n4\n5\n(i) Filing of nomination papers:\n(ii) Secrutiny of nomination papers:\n(iii) Display of list of validily nominated\n\t\t\t\tcandidates.\n(iv) Withdrawal of nomination papers.\n(v) Allocation of symbols.\n(vi) Display of the list of contesting\n\t\t\t\tcandidates; and\n(vii) Taking of poll, if necessary.\n(a) the registered office and the branch office, if any, of the co- operative society;\n(b) the office of the Assistant Registrar and the Deputy Registrar of Co- operative Societies concerned; and\n(c) such other common places in the area of the operation of the co- operative society as the Returning Officer may direct in writing.", "footnote": "", "is_definition": false, "sort_order": 179 }, { "number": "6", "title": "6. Nomination of candidates.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 180 }, { "number": "7", "title": "7. Scrutiny of the nomination papers.", "chapter": null, "content": "(a) permit any clerical error in the nomination papers in regard to names of members to be corrected in order to bring them in conformity with the corresponding entries in the zonal list of voters; and\n(b) where necessary, ignore any clerical or printing error in the said entries.", "footnote": "", "is_definition": false, "sort_order": 181 }, { "number": "8", "title": "8. Withdrawal of the nomination papers.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 182 }, { "number": "9", "title": "9. Allocation of election symbols to the candidates.", "chapter": null, "content": "(a) A cart\n(b) A tubewell with flowing water\n(c) A pitcher\n(d) A bicycle\n(e) A gun\n(f) A tree\n(g) A goat\n(h) A horse\n(i) An umbrella\n(j) A table", "footnote": "", "is_definition": false, "sort_order": 183 }, { "number": "10", "title": "10. Display of the list of candidates.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 184 }, { "number": "11", "title": "11. Procedure to be observed when there is only one candidate.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 185 }, { "number": "12", "title": "12. Poll to be taken if there are more than one candidates.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 186 }, { "number": "13", "title": "13. Death of candidate before poll.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 187 }, { "number": "14", "title": "14. Appointment of Presiding Officer etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 188 }, { "number": "15", "title": "15. Official Mark.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 189 }, { "number": "16", "title": "16. Material to be supplied at Polling Station.", "chapter": null, "content": "(a) the necessary number of ballot boxes.\n(b) a sufficient number of ballot papers bearing the names (written in Hindi on the left side and symbols on the right side) of the contesting candidates in alphabetic order.\n(c) Presiding Officer, seals, one brass and one rubber seal;\n(d) ink pad and ink bottle, one each;\n(e) three rubber seals of cross mark for the purpose of marking ballot papers by voters;\n(f) sealing wax candle, match box, gum needle, thread ball and a piece of cloth for the purpose of covering and sealing the locks of the ballot boxes;\n(g) one medium size bag of cloth, capable of being sealed for keeping the counted ballot papers;\n(h) two final lists of voters of the concerned zone;\n(i) two final lists of contesting candidates; and\n(j) other necessary election material.", "footnote": "", "is_definition": false, "sort_order": 190 }, { "number": "17", "title": "17. Candidate and his agent to be allowed to enter the polling station.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 191 }, { "number": "18", "title": "18. Procedure before commencement of poll.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 192 }, { "number": "19", "title": "19. Voting.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 193 }, { "number": "20", "title": "20. Commencement and close of polling.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 194 }, { "number": "21", "title": "21. Procedure before recording votes.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 195 }, { "number": "22", "title": "22. Question to put to a voter.", "chapter": null, "content": "(1) Are you the person enrolled as follows (reading the whole entry from the zonal list of voter).\n(2) If the voter answers the question in the affirmative he shall be allowed to vote.", "footnote": "", "is_definition": false, "sort_order": 196 }, { "number": "23", "title": "23. Procedure of recording the votes.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 197 }, { "number": "24", "title": "24. Tendered Votes.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 198 }, { "number": "25", "title": "25. Challenged Vote.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 199 }, { "number": "26", "title": "26. Return of ballot paper by voter.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 200 }, { "number": "27", "title": "27. Fresh poll in case destruction of ballot boxes or due to natural calamity etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 201 }, { "number": "28", "title": "28. Counting of votes.", "chapter": null, "content": "(a) inspect and also allow an opportunity to candidates or their polling agents to inspect the ballot boxes and their seals to satisfy themselves that they are in order.\n(b) open the ballot boxes, take out the ballot papers from the boxes and arrange them in convenient bundles, separating the ballot papers which he deems valid from those he rejects;\n(c) allow the candidates and their agents, who may be present, reasonable opportunity to inspect all ballot papers which in the opinion of Presiding Officer are liable to be rejected but shall not allow them to handle those or any other ballot paper. The Presiding Officer shall on every ballot paper which is rejected, endorse the word \"Rejected\". If any candidate or his agent questions the correctness of the rejection of any ballot paper, the Presiding Officer shall also record the grounds of rejection on such ballot paper;\n(d) count the valid votes given to each candidate with the aid of persons appointed to assist in the counting of votes and declare the election of the candidate who is found to have obtained the largest number of the valid votes; and\n(e) after the counting of ballot papers, contained in the ballot boxes has been completed the Presiding Officer shall prepare a statement showing the total number of votes polled by each candidate.", "footnote": "", "is_definition": false, "sort_order": 202 }, { "number": "29", "title": "29. Rejection of the ballot papers.", "chapter": null, "content": "(a) it bears any mark or writing by which the voter can be identified; or\n(b) in case, where a direction has been issued under Para 15 that the ballot paper shall contain an official mark, it does not contain an official mark; or\n(c) it does not bear the seal of the society; or\n(d) the Presiding Officer is satisfied that the ballot paper is spurious or that it has been so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or\n(e) from the rubber seal of cross mark affixed on the ballot paper, it is not clear in whose favour the vote has been cast.", "footnote": "", "is_definition": false, "sort_order": 203 }, { "number": "30", "title": "30. Procedure in case of tie.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 204 }, { "number": "31", "title": "31. Preparation of returns.", "chapter": null, "content": "(i) the names of the contesting candidates;\n(ii) the number of valid votes cast in favour of each candidate; and\n(iii) the name of the candidate declared to have been elected and shall forthwith forward a copy of the return together with the name of candidate declared to have been elected to the Returning Officer, the Manager of the co-operative society concerned and the Registrar.", "footnote": "", "is_definition": false, "sort_order": 205 }, { "number": "32", "title": "32. Election papers to be forwarded to the Manager.", "chapter": null, "content": "(a) the ballot papers counted as valid;\n(b) the ballot papers rejected as invalid;\n(c) the unused ballot papers;\n(d) the issued tendered ballot papers;\n(e) the unused tendered ballot papers;\n(f) the cancelled and returned ballot papers;\n(g) the list of challenged votes;\n(h) the tendered votes list;\n(i) account of the ballot papers; and\n(j) the marked copy of the zonal list of voters of the co-operative society.", "footnote": "", "is_definition": false, "sort_order": 206 }, { "number": "33", "title": "33. Custody of election papers.", "chapter": null, "content": "Part III\nProcedure for Election to the Committees of the Primary Co- operative Societies (Other than the Primary Co-operative Land Development Banks) The Cane Growers Co-operative Societies, The Marketing or Marketing-cum-Processing Societies, Sugar Mills and Urban Banks) Having Membership Exceeding Three Hundred.\nProcedure for Election to the Committees of the Primary Co- operative Societies (Other than the Primary Co-operative Land Development Banks) The Cane Growers Co-operative Societies, The Marketing or Marketing-cum-Processing Societies, Sugar Mills and Urban Banks) Having Membership Exceeding Three Hundred.", "footnote": "", "is_definition": false, "sort_order": 207 }, { "number": "34", "title": "34. Fixation of the date for election and voting.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 208 }, { "number": "35", "title": "35. Preparation of the voters list.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 209 }, { "number": "36", "title": "36. Election Programme.", "chapter": null, "content": "Sl. No.\nSl. No.\nProgramme\nProgramme\nDate\nDate\nTime\nTime\nPlace\nPlace\n1\n1\n2\n2\n3\n3\n4\n4\n5\n5\n(i)\nexhibition of the list of voters as required\n\t\t\t\tunder sub para (2) of rule 35;\n(ii)\nhearing of the objections to the list of voters\n\t\t\t\tas required under sub-para (4) of rule 35;\n(iii)\nfiling of nomination papers;\n(iv)\nscrutiny of the nomination papers;\n(v)\ndisplay of list of validity nominated\n\t\t\t\tcandidates;\n(vi)\nwithdrawal of the nomination papers;\n(vii)\nallocation of symbols;\n(viii)\ndisplay of the list of contesting candidates;\n\t\t\t\tand\n(ix)\ntaking of the poll, if necessary.", "footnote": "", "is_definition": false, "sort_order": 210 }, { "number": "37", "title": "37. Nomination of candidates, allotment of election symbols and conduct of the poll etc.", "chapter": null, "content": "Part IV\nProcedure for Election to the Committee of the Primary Co-operative Societies (other than the Primary Co-operative Land Development Banks), The Cane Growers Co-operative Societies, The Marketing or Marketing-cum-Processing Societies, Sugar Mills and Urban Banks) Having Membership not exceeding Three Hundred.\nProcedure for Election to the Committee of the Primary Co-operative Societies (other than the Primary Co-operative Land Development Banks), The Cane Growers Co-operative Societies, The Marketing or Marketing-cum-Processing Societies, Sugar Mills and Urban Banks) Having Membership not exceeding Three Hundred.", "footnote": "", "is_definition": false, "sort_order": 211 }, { "number": "38", "title": "38. Calling of the general meeting.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 212 }, { "number": "39", "title": "39. Presiding Officer of the general meeting.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 213 }, { "number": "40", "title": "40. Proposals of candidates for contesting the election.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 214 }, { "number": "41", "title": "41. Voting.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 215 }, { "number": "42", "title": "42. Election Result.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 216 }, { "number": "43", "title": "43. Election of office-bearers.", "chapter": null, "content": "Provided that such Chairman shall furnish a declaration regarding his assets at the time of appointment and on 1st January of every year thereafter.", "footnote": "", "is_definition": false, "sort_order": 217 }, { "number": "44", "title": "44. Election by Secret ballot.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 218 }, { "number": "45", "title": "45. Miscellaneous.", "chapter": null, "content": "Form `A'\nForm `A'\n[See para 6(3)]\nNomination Form\nNomination Form", "footnote": "", "is_definition": false, "sort_order": 219 }, { "number": "1", "title": "1. Name and number of the zone to which the candidate belongs and seeks election.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 220 }, { "number": "2", "title": "2. Particulars of the candidate :", "chapter": null, "content": "(a) Name in block letters.\n(b) Father's name\n(c) Age\n(d) Occupation (whether agriculturist or not)\n(e) Whether Scheduled Caste or not.\n(f) Full Address.\n(g) Serial Number of his name in the voters list of the concerned zone.\n(h) Address of the co-operative society, if any, represented by him.", "footnote": "", "is_definition": false, "sort_order": 221 }, { "number": "3", "title": "3. Declaration by the candidate.", "chapter": null, "content": "Signature/thumb mark of the candidate\nSignature with name.\nDesignation and address\nForm `B'\nForm `B'\n[See Para 6(3)]\nList of Nomination Papers\nList of Nomination Papers\nNumber and name of the zone\nNumber and name of the zone\nName and full address of the candidate and\n\t\t\t\tname of the co-operative society, if any, represented by him\nName and full address of the candidate and\n\t\t\t\tname of the co-operative society, if any, represented by him\nDate of receipt of the nomination papers\nDate of receipt of the nomination papers\nTime of the receipt of the nomination paper\nTime of the receipt of the nomination paper\nSignature of the Returning Officer\nSignature of the Returning Officer\n1\n1\n2\n2\n3\n3\n4\n4\n5\n5\nForm `C'\nForm `C'\n[See Para 24(1)]\nTendered Ballot Paper\nTendered Ballot Paper", "footnote": "", "is_definition": false, "sort_order": 222 }, { "number": "1", "title": "1. Name of the Co-operative Society and the Zone.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 223 }, { "number": "2", "title": "2. Polling Station.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 224 }, { "number": "3", "title": "3. Name of voter.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 225 }, { "number": "4", "title": "4. Number of zonal list of the voter.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 226 }, { "number": "5", "title": "5. Name of the candidate, to whom this is tendered.", "chapter": null, "content": "(1) Name of the candidate ____________________________________\n(2) Name of the voter ________________________________________\n(3) Sr. No. of the Voter in Zonal List.\nSignature of the Presiding Officer\nForm `D'\nForm `D'\n[See Para 24(3)]\nTendered Votes List\nTendered Votes List", "footnote": "", "is_definition": false, "sort_order": 227 }, { "number": "1", "title": "1. Name of the Co-operative Society and the Zone __________________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 228 }, { "number": "2", "title": "2. Polling Station _____________________________________________", "chapter": null, "content": "Serial No.\nSerial No.\nName of voter\nName of voter\nNumber of the Zonal list of voters\nNumber of the Zonal list of voters\nSignature of voter, if literate or thumb\n\t\t\t\timpression, if illiterate with his address\nSignature of voter, if literate or thumb\n\t\t\t\timpression, if illiterate with his address\n1\n1\n2\n2\n3\n3\n4\n4\nSignature of the Presiding Officer\nForm `E'\nForm `E'\n[See Para 25]\nChallenged Voters List\nChallenged Voters List", "footnote": "", "is_definition": false, "sort_order": 229 }, { "number": "1", "title": "1. Polling Station _____________________________________", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 230 }, { "number": "2", "title": "2. Signature Sheet No. _________________________________", "chapter": null, "content": "Name of the Co-operative Society\nName of the Co-operative Society\nNumber as in the zonal list of share holders\nNumber as in the zonal list of share holders\nName and address\nName and address\nSignature of voter, if literate or thumb\n\t\t\t\timpression of voter, if illiterate\nSignature of voter, if literate or thumb\n\t\t\t\timpression of voter, if illiterate\nName of identifier, if any\nName of identifier, if any\nName of challenger\nName of challenger\nOrder of Presiding Officer in each case\nOrder of Presiding Officer in each case\n1\n1\n2\n2\n3\n3\n4\n4\n5\n5\n6\n6\n7\n7\nSignature of the Presiding Officer\nAppendix `b'\nAppendix `b'\n(See rule 109)\nForm of Liquidation Order\nForm of Liquidation Order", "footnote": "", "is_definition": false, "sort_order": 231 } ], "metadata": { "Act ID": "Last Updated 9th December, 2019 [hl770]", "Act Number": "Published vide Haryana Notification No. GSR 11/HA.22/84/s.131/89, dated 31st January 1989", "Enactment Date": "", "Act Year": "1989", "Short Title": "Haryana Co-operative Societies Rules, 1989", "Type": "STATE", "Location": "Haryana" }, "updated_at": "2026-09-29 21:55:19" }