{ "id": 15153, "slug": "the-assam-co-operative-societies-rules-1953-1953", "title": "The Assam Co-operative Societies Rules, 1953", "short_title": "The Assam Co-operative Societies Rules, 1953", "act_number": "Published vide Notification No. CG. 28/50/253, dat", "act_year": 1953, "act_type": "STATE", "location": "Assam", "law_status": "unknown", "enactment_date": null, "description": "The Assam Co-operative Societies Rules, 1953", "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\" shall mean the Assam Co-operative Societies Act, 1949 (Act I of 1950);\n(b) Words and expressions used in these Rules shall bear the meanings respectively assigned to them in the Act;\n(c) \"Section\" means a section of the Act;\n(d) \"Schedule\" means the Schedule of forms appended to these Rules.\n(e) \"Society\" means a registered co-operative society registered or deemed to have been registered under the Act and includes a society formed after amalgamation of such two or more societies or by division of such an existing society; a registered co-operative society may be called a \"Co-operative\";\n(f) \"Director\" means a member of an Administrative Council, managing committee or any managing body of a society, as the case may be, vested with the powers of its management;\n(g) \"Borrowed capital\" means the total of loans, deposits and other borrowings of a co-operative society;\n(h) \"Owned capital\" means the total of paid up share capital and accumulated reserve and other funds created out of profits of a co-operative society;\n(i) \"Working capital\" means the total capital of a co-operative society consisting of borrowed capital and owned capital;\n(j) \"Record of rights\" means record of rights maintained under the Assam Land and Revenue Regulation, 1886;\n(k) \"Primary Society\" means a co-operative society registered under the Act to which no other registered co-operative society is admitted as member, and shall include a Gaon Panchayat Level Multipurpose Co-operative Society;\n(l) \"Land Development Bank\" or \"Land Mortgage Bank\" means a Co-operative Land Mortgage Bank registered under the Assam Co-operative Societies Act, 1949 and includes any order registered co-operative society notified by the State Government in this behalf.\nChapter II\nRegistration of Societies", "footnote": "", "is_definition": true, "sort_order": 1 }, { "number": "3", "title": "3. Restriction on acquisition of shares in society.", "chapter": null, "content": "(a) hold more than such portion of the share capital of the society, subject to a maximum of one fourth, as may be prescribed by the bye-laws of the society, or\n(b) have or claim any interest in the shares of the society exceeding five thousand rupees; provided that if the society is a Housing Society or a wholesale society for procurement and distribution of any article or any special type of society, a member may have or claim an interest in the shares of the society, not exceeding Rs. 25,000. In such cases, the Registrar will decide whether the maximum limit of share allowed to an individual member should be Rs. 25,000 or less and his decision shall be final.", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "4", "title": "4. Change of liability.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "5", "title": "5. Application for registration.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "6", "title": "6. Conditions of registration of a society and refusal to register.", "chapter": null, "content": "(a) that the application and bye-laws are in conformity with the Act and the Rules;\n(b) that the bye-laws are suitable for carrying out the objects of the society and ensure safe conduct of its business; and\n(c) that the proposed society has reasonable chances of success having regard to local conditions, and may call for further information or make such enquiry as he may deem necessary.\n(b) Such registration shall be entered in a general register kept for the purpose in the form found suitable and the entry of such registration shall be attested by the seal and signature of the Registrar.", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "7", "title": "7. Restriction and limit of membership.", "chapter": null, "content": "(i) no registered society with unlimited liability shall have more than 100 members, except with the approval of the Registrar which will not be given except for special reasons to be recorded in writing;\n(ii) no registered society with unlimited liability shall have more than 50 members at the start; the member may be increased by not more than 20 members a year up to the maximum prescribed above.", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "8", "title": "8. Provisions in the bye-laws of the society.", "chapter": null, "content": "(a) the name and registered address of the society and its branches, if any;\n(b) the area of its operation;\n(c) the objects of the society;\n(d) the purpose to which its funds may be applied;\n(e) qualifications required for membership and the terms of admission of members;\n(f) the rights and liabilities of membership\n(g) the maximum number of members that may be admitted;\n(h) the nature and amount of the share capital, if any, of the society and where there is a share capital, the maximum share capital which a single member can hold;\n(i) the manner in which capital may be raised by means of shares and debentures, borrowing from non-members, deposits of members or otherwise;\n(j) the entrance and other fees and the fines, if any, to be collected from the members;\n(k) withdrawal, removal and expulsion of members and the payment if any, to be made to such members;\n(l) transfer of share or interest of a member;\n(m) the circumstances under which withdrawal from membership shall be permitted and the procedure to be followed in cases of withdrawal, ineligibility and death of members;\n(n) the mode of appointment and removal of directors and office-bearers of the society and the duties and powers of the managing body and other committees or bodies which may be formed and specify the composition of such bodies, their powers, duties;\n(o) the mode of summoning and conducting meetings and the right of working, fixing of quorum for meetings;\n(p) subject to the provisions of rules and the manner of making altering and abrogating bye-laws;\n(q) the general conduct of the-business of the society;\n(r) the disposal of profits;\n(s) creation and use of reserve and other funds;\n(t) the mode of custody and of investment of funds outside the business and the custody of books, accounts and securities;\n(u) the mode of keeping accounts;\n(v) settlement of disputes; in the case of a credit society-\n(a) the conditions under which loans may be granted; fixing of the maximum and normal credit of members and the maximum loan admissible to a member;\n(b) the rate of interest on loans and the system of calculation of interest;\n(c) purposes for which loans may be granted;\n(d) security for payment of loans;\n(e) period of payment and recovery of loans;\n(f) extension of the period of repayment and renewal of loans; and\n(a) the mode of conducting business;\n(b) procedure to be followed in conducting in conducting business, purchasing, selling stock taking and other matters relating to stores, raw materials and finished products.", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "9", "title": "9. Amendment of bye-laws.", "chapter": null, "content": "(i) every such amendment shall be made only by a resolution passed by a majority of the members at a meeting of the general assembly and at which not less than two thirds of the members of the society are present;\n(ii) no such resolution shall be valid unless not less than clear fifteen days notice of such meetings has been given of the proposal to alter or rescind the bye-laws.\n(i) that it is impracticable for the society to secure the attendance of two-thirds of the total number of members at a meeting of the general assembly;\n(ii) that the adoption of the proposed amendment is in the interest of the society; and\n(iii) that such amendment is likely to meet with the approval of the general body of members.", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "10", "title": "10. Mode of amendment of bye-laws.", "chapter": null, "content": "(a) the date of the meeting of the general assembly at which the amendment was passed;\n(b) the number of members on the roll of the society on the date of issuing the notice of the general assembly meeting;\n(c) number of members present at the meeting; and\n(d) the number of members who voted in support of the amendment.", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "11", "title": "11. Amendment of bye-laws at the direction of the Registrar.", "chapter": null, "content": "(i) withdraw the direction for amendment of the bye-laws; or\n(ii) register the same.", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "12", "title": "12. Amendment of bye-laws at the suggestion of affiliating society or financing Bank.", "chapter": null, "content": "(a) the constitution of its administrative council and the managing body; and\n(b) the investment of funds.\n(a) a copy of the proposed amendment of the bye-laws, and\n(b) a copy of the resolution and decision approving such amendment.\n(a) fails to make the amendment of its bye-laws, or\n(b) files an objection to such an amendment,\n(i) withdraw the direction for amendment of the bye law; or\n(ii) forward the amendment together with the objections, if any, filed by the society and its comments thereon to the Registrar for consideration and registration.", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "13", "title": "13. Adoption of rules of procedure.", "chapter": null, "content": "(a) the manner of receipt and disbursement of money;\n(b) the mode of keeping custody of books, accounts securities and funds; and\n(c) the terms of service of salaried officers dealing with pay, leave discharge and dismissal.", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "14", "title": "14. Non-official helpers.", "chapter": null, "content": "(b) Functions of he \"Honorary Organiser of Co-operative Societies\" will be to-\n(i) take active interest in the working of existing co-operatives :\n(ii) prepare grounds by educating the people of the locality in the principles of co-operation and creating a co-operative atmosphere amongst them;\n(iii) inspect co-operative societies within his jurisdiction, submitting his report in the form prescribed by the Registrar for the purpose; and\n(iv) perform any other functions as may be consigned to him by the Registrar from time to time.\n(c) The \"Honorary Organiser of Co-operative Societies\" shall be entitled to travelling allowance to cover expenses of journeys undertaken at rates fixed for the purpose.\nChapter III\nRights and Liabilities of Members of Registered Societies", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "15", "title": "15. Exercise of rights of membership.", "chapter": null, "content": "(a) Application fee. - Every applicant for admission as a member must agree to pay an application fee as may be prescribed in the bye-laws; but such fee shall not be less than eight annas or exceed two rupees.\n(b) Every applicant for admission as a member must also agree to pay such admission fee as may be prescribed in the bye-laws. Such fee shall not be less than one rupee where the applicant is an individual and five rupees where the applicant is a registered society.\n(c) Where the capital is to be raised by the issue of shares, each member must agree to subscribe to at least one share or the minimum number of shares as prescribed in the bye-laws and has paid the dues on account of such share or shares as required under the provisions of the bye-laws.\n(a) who does not satisfy the requirements of the Act and Rules; or\n(b) who is legally or mentally disabled; or\n(c) who is a bankrupt; or\n(d) who is convicted of a criminal offence, involving moral turpitude.", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "16", "title": "16. Disqualification for voting.", "chapter": null, "content": "(a) if such member is in any way disqualified under the provisions of the Rules or any bye-laws of the society for voting in the affairs of the society of which he is a member or for being appointed as a director; or\n(b) if, in the case of a credit society, the member is a habitual defaulter and no extension of time for payment of the instalments defaulted has been granted by the managing body;\n(c) if, in the case of any other type of societies, the member is in arrears in any way in payment of his dues or is not loyal to the society as required under the bye-laws.", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "17", "title": "17. Promoters of unlimited liability society and member of all other societies, seeking loan to furnish information as to financial position.", "chapter": null, "content": "(a) by a promoter signing the application for registration of a society with unlimited liability, together with the application for registration of the society; and\n(b) by a member of a limited society applying for a loan or for acceptance as a surety for a loan.", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "18", "title": "18. The manner of recalling a loan not utilised for the purpose for which advanced.", "chapter": null, "content": "(1) to show cause within a reasonable time specified in the notice why the loan shall not be recalled;\n(2) where no cause is shown to the satisfaction of the society within the specified period, the managing body may recall the loan and if the loan is not refunded immediately it shall apply to the Registrar for an award under Section 70 in order to recover the loan.", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "19", "title": "19. Restrictions on transfer of share or interest.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "20", "title": "20. Nomination of Transferee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "21", "title": "21. Procedure for calculating the value of shares or interest of ceased members.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "22", "title": "22. Manner of determining value of land.", "chapter": null, "content": "(a) by reference to any recorded sale of similar land in the locality during recent period; or\n(b) if no record of such sale is available the value of the land shall bear such proportion to the annual rent payable to the society for the land as may be notified by the Registrar; or\n(c) if no rent has been assessed for the land, the value shall be determined by the Managing Body subject to the approval of the Registrar.\nChapter IV\nManagement", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "23", "title": "23. Chairman of the general meeting.", "chapter": null, "content": "(ii) The Chairman of a meeting of the general assembly shall maintain order in the meeting and shall control and conduct proceedings in such manner as may be conducive to expeditious and effective disposal of business. He shall decide all points of order and his decision upon such points shall be final.\n(iii) The Chairman of the meetings of the general assembly may direct any member to withdraw for disorderly conduct and the member so ordered shall immediately withdraw and unless otherwise directed by the Chairman shall remain absent during the remaining period of the meeting and shall not be entitled to vote without the provision of the Chairman.\n(iv) In the event of disorder, the Chairman of the meeting may suspend the meeting and adjourn it to such a date and time as he may think fit subject to the provisions of the bye-laws.", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "24", "title": "24. Quorum of meetings of general assembly.", "chapter": null, "content": "(ii) No business shall be transacted at any meeting of the general assembly unless there is a quorum at the time when the business of the meeting is due to commence.\n(iii) If within shelf an hour from the time fixed for the meeting of the general assembly a quorum is not present, the meeting shall stand adjourned ordinarily on the same day in the next week at the same time and place but the Chairman of the meeting may, however, decide to adjourn the meeting to a date not later than fourteen days or as may be provided in the bye-laws of the society :\n(iv) If at any time during a meeting of the general assembly attendance of members falls below the quorum as prescribed above, the Chairman of the meeting on his attention being drawn to the fact or on his own initiative may adjourn the meeting to such a date, time and place as he may think convenient, and the business to be transacted at this meeting shall be disposed of in the usual manner at the adjourned meeting even without a quorum.", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "25", "title": "25. Voting in meeting of general assembly.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "26", "title": "26. Records of meetings.", "chapter": null, "content": "(ii) The proceedings shall be signed by the Chairman of the meeting after being read to and confirmed by the members present at that meeting or at the next meeting.\n(iii) Admission of non-member. - The Chairman in his discretion may admit any person not being a member, to any meeting of the general assembly for the purpose of giving expert advice. Such person shall not be entitled to vote.", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "27", "title": "27. Election and Recruitment of Directors in a Co-operative Society.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "28", "title": "28. Election of Directions in a Society having Managing Bodies other than Elected ones.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "29", "title": "29. Appointment of directors by the Registrar.", "chapter": null, "content": "(ii) The members so appointed shall hold office till the next election of directors appointed under this rule may or may not be members of the society.\n(iii) If any vacancy occurs in the office of such an appointed director, the vacancy shall be filed up by appointment.", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "30", "title": "30. Qualification of members of Administrative Council and Managing Committee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "31", "title": "31. Disqualification for membership of Administrative Council and Managing Body.", "chapter": null, "content": "(a) is adjudged by a competent Court to be insolvent or of unsound mind;\n(b) has been punished with imprisonment for an offence involving moral turpitude;\n(c) is concerned or participate in the profits of any contract with the society;\n(d) if a credit society has failed to pay in three consecutive years immediately preceding the election at least an amount equivalent to one year's Instalment fixed for the repayment of the loan.", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "32", "title": "32. Cessation of membership of Administrative Council and Managing Body.", "chapter": null, "content": "(a) if he becomes subject to any disqualification mentioned in Rule 31, or\n(b) if he resigns his office, by notice in writing to the administrative council or the managing body concerned; or\n(c) if, without the consent of the administrative council or the managing body, he is absent from meeting for more than three consecutive meetings; or\n(d) if the society of which he is a representative is dissolved or disaffiliated.", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "33", "title": "33. Removal expulsion, etc. of the Secretary, Treasurer, Directors and other office-bearers.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "34", "title": "34. Proceeding of convening meetings of the Administrative Council and the Managing Body.", "chapter": null, "content": "(i) no business transacted at meeting of the administrative council or the managing body so convened shall be deemed invalid on account of non-receipt of the notice by a member in due time; and\n(ii) any urgent business though not included in the agenda accompanying the notice, may be brought up and considered with the consent of all the members present at the meeting.", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "35", "title": "35. Powers of the Administrative Council and Managing Body.", "chapter": null, "content": "(i) to admit new members and to suspend, fine, remove or expel existing member;\n(ii) to raise funds;\n(iii) to invest funds;\n(iv) to appoint salaried or non-salaried officers for proper conduct of the business, on such terms as to remuneration, security etc. and with such powers and authorities including the power to enter into contracts on behalf of the society as they may deem fit and to define their duties;\n(v) to dismiss, suspend or punish each officers mentioned in sub-clause (iv);\n(vi) to institute, defend or compromise legal proceedings;\n(vii) to dispose of applications for loan and to determine the security to be taken;\n(viii) to appoint sub-committees as may be deemed necessary from time to time; and\n(ix) to delegate with or without conditions, all or any of the powers exercisable by the administrative council or the managing body to any office-bearer or to any committee formed.", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "36", "title": "36. Duties of the Administrative Council and the Managing Body.", "chapter": null, "content": "(1) to provide for the management of the affairs of the society;\n(2) to receive and disburse money;\n(3) to maintain true accounts of money received and expended and of assets and liabilities;\n(4) to prepare for submission to the annual meeting of the general assembly-\n(a) an annual report on the working of the society;\n(b) an annual statement of accounts which shall include-\n(i) cash account;\n(ii) balance sheet;\n(iii) trading account (if any);\n(iv) profit and loss account; and\n(v) profit and loss appropriation account;\n(5) to prepare the statement of accounts required for audit and to place them before the auditors;\n(6) to prepare and submit all statements and returns required by the Registrar in such forms as he may direct;\n(7) to enter account's of the society regularly in proper registers;\n(8) to maintain a register of members up-to-date;\n(9) to facilitate the inspection of books and records by the inspecting officers;\n(10) to convene meetings of the general assembly on requisition ;\n(11) to convene the annual meeting of general assembly in due time ;\n(12) to watch that the loans are applied for the purposes they are advanced and that they are repaid punctually ;\n(13) to examine and take prompt action in cases of all arrears and defaults in respect of repayment of loans ;\n(14) to examine the stock register and verify the actual stock ;\n(15) to supervise and examine the work of the sub-committees and the office-bearers; and\n(16) to perform such other duties as may be entrusted by the general assembly.\n(b) All societies with limited liabilities shall obtain the Registrar's approval to their proposal of the distribution of the profits whether to their office-bearers or employees or members before considering it at the annual general meeting.", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "37", "title": "37. Deputation of a Government servant to manage the affairs of a co-operative society.", "chapter": null, "content": "(a) have full control over the staff of the society with power to punish, suspend or dismiss any member thereof : provided that the power of dismissal shall be exercised with the previous concurrence of the administrative council or the managing body, as the case may be ;\n(b) to institute, defend or compromise legal proceedings.", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "38", "title": "38. Duties of Executive Officer.", "chapter": null, "content": "(i) receive all money on behalf of the society and issue receipts ;\n(ii) pay all costs of management and working expenses out of the funds of the society, e.g., salaries of the staff, travelling and other contingent expenses necessary for the work of the society ;\n(iii) deposits all money received on behalf of the society as well as securities and other effects as prescribed under Rule 35 ;\n(iv) maintain regular and accurate accounts ;\n(v) maintain records in prescribed form ;\n(vi) convene meetings of the administrative council or the managing body as may be necessary from time to time ;\n(vii) submit such statements as required by the administrative council or the managing body.", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "39", "title": "39. Procedure in case of difference of opinion.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "40", "title": "40. Executive Office - Cost of his service, withdrawal, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "41", "title": "41. Suspension or supersession of an Administrative Council, a managing or any other body.", "chapter": null, "content": "(i) withdraw or modify the order; or\n(ii) dissolve the administrative council or the managing body.\n(ii) Rule 40 shall be applicable in case of a person or persons so appointed.", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "42", "title": "42. Appointment of person or persons to manage the affairs of a society.", "chapter": null, "content": "(i) the date and time by which charge of the society shall be taken over from the dissolved body ;\n(ii) the condition under which work shall be carried on ;\n(iii) the remuneration, if any, to be paid to manage the affairs of the society ;\n(iv) the security, if any, to be furnished by those appointed ; and\n(v) the date by which a new administrative council, managing or other body, as the case may be, is to be elected.\nChapter V\nDuties of Registered Society", "footnote": "", "is_definition": false, "sort_order": 41 }, { "number": "43", "title": "43. Documents to be kept open to inspection.", "chapter": null, "content": "(i) the register of members,\n(ii) the register of the members of the administrative council, if any, and of the managing body, and\n(iii) other books and records of the society.", "footnote": "", "is_definition": false, "sort_order": 42 }, { "number": "44", "title": "44. Rights of members of co-operative society with unlimited liability to see accounts.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 43 }, { "number": "45", "title": "45. Fees for inspection of documents, bye-laws, etc.", "chapter": null, "content": "(i) general register,\n(ii) Certificate of Registration,\n(iii) bye-laws,\n(iv) amendment of bye-laws,\n(v) orders for its cancellation,\n(vi) the annual cash account, balance sheet and revenue accounts, and\n(vii) audit memorandum.", "footnote": "", "is_definition": false, "sort_order": 44 }, { "number": "46", "title": "46. Fees for certified copies of documents.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 45 }, { "number": "47", "title": "47. Borrowing limit.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 46 }, { "number": "48", "title": "48. Restriction of borrowings of society with unlimited liability.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 47 }, { "number": "49", "title": "49. Restriction on borrowing of limited liability society.", "chapter": null, "content": "(a) the Apex Bank or a Central Co-operative Bank for the purpose of financing its affiliated societies the Apex Bank may incur liabilities by floating debentures, accepting depositor in any other way to the extent of twenty times the value of paid-up share capital and the reserve fund for the time being separately invested ; unless relaxation is made by the Registrar by an order in writing :\n(b) an agricultural society or a bank financing such societies may, with the permission of the Registrar or any person authorised on his behalf and under such conditions as he may impose, incur liabilities for the purpose of advancing seasonal loans to members for production of crops and for financing disposal of produce, repayable within a period of twelve months, irrespective of the amount of its paid-up share capital or reserve fund separately invested outside the business.", "footnote": "", "is_definition": false, "sort_order": 48 }, { "number": "50", "title": "50. Restrictions on borrowings by societies.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 49 }, { "number": "51", "title": "51. Provision for fluid resources or liquid covers.", "chapter": null, "content": "(i) 25 per cent of the amount held in fixed deposits and loans due for repayment within the ensuring six months (less the amounts for which written notice of renewal has been received);\n(ii) 33 per cent of the amount held in savings deposits ;\n(iii) 60 per cent of the amount held in current deposits ; and\n(iv) the entire amount of under an cash credit granted.\n(a) cash in hand, or in banks or with bankers approved by the Registrar\n(b) Government securities, including post office cash certificates ;\n(c) deposits in Post Office Saving Banks ;\n(d) other investment of a liquid nature in outside concerns approved by the Registrar; and\n(e) the undrawn portion of assured cash credit with-\n(i) any joint-stock bank or private banker approved by the Registrar; or\n(ii) the Apex Bank or any other Co-operative Bank approved by he Registrar.", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "52", "title": "52. Registrar's power to permit a decrease in the proportion of fluid resources, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 51 }, { "number": "53", "title": "53. Restriction on issue of loans.", "chapter": null, "content": "(a) a society may grant loans to its members up to twenty times the amount of share capital paid up by a member, in case of such loans being issued on mortgage of valuable security, as provided in sub-section (2)(c) of Section 44 of the Act.\n(b) the Apex Bank or any other financing bank may grant loans to any affiliated co-operative land mortgage bank up to twenty times the amount of share capital paid by the land mortgage bank ;\n(c) the Apex Bank may advance loans to an affiliated society engaged in the purchase of production and disposal of goods of its members in excess of ten times the share capital paid up by such society ;\n(d) an agricultural society may grant loans to its members repayable within a period of twelve months for facilitating the production or disposal of produce, irrespective of the amount of the share capital paid up by such member with the previous permission of the Registrar and under such conditions as he may impose.", "footnote": "", "is_definition": false, "sort_order": 52 }, { "number": "53A", "title": "53A. Interest on short term agricultural loan not to exceed the principal loan.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 53 }, { "number": "54", "title": "54. Maximum and normal credit to members.", "chapter": null, "content": "(a) in a primary non-agricultural credit society, the maximum or normal credit of a member shall be determined by taking into consideration his assets, liabilities and his repaying capacity ;\n(b) in a primary agricultural credit society, the maximum or normal credit shall not exceed one-half of the total value of the agricultural lands of a member which is actually under his cultivation during the period of assessing normal credit or two-thirds of the total estimated net income from such lands during the period of the repayment of the loan, whichever is less.\nChapter V-A\nPrivileges of Registered Society", "footnote": "", "is_definition": false, "sort_order": 54 }, { "number": "54A", "title": "54A. Declaration of charge.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 55 }, { "number": "54B", "title": "54B. Procedure of registration of mortgage deeds.", "chapter": null, "content": "Chapter VI\nProperty and Funds of Registered Society", "footnote": "", "is_definition": false, "sort_order": 56 }, { "number": "55", "title": "55. Investment of fund.", "chapter": null, "content": "(i) with the Assam Co-operative Apex Bank limited ; or\n(ii) in the purchase or leasing of land or buildings ; or\n(iii) in the construction of buildings : provided that the purchase of such land or the construction of such building is likely to be advantageous to the society in its working ; or\n(iv) in any other manner permitted by the Registrar.", "footnote": "", "is_definition": false, "sort_order": 57 }, { "number": "56", "title": "56. Reserve Fund and its subject.", "chapter": null, "content": "(ii) With the previous sanction of the Registrar, a co-operative society with shares and with limited liability may meet the loss of any year partly or wholly from the reserve fund ; provided that no dividend or shares, bonus, patronage dividend or rebate is paid during the year out of the profit. Not less than fifty per cent of the reserve fund shall be separately invested every year not to be utilised in the ordinary working of the society subject to Rule 58.", "footnote": "", "is_definition": false, "sort_order": 58 }, { "number": "57", "title": "57. Creation of reserve fund in a society.", "chapter": null, "content": "(ii) In every co-operative society with shares and with unlimited liability not less than one-half of the net profits in any year shall be carried to the reserve fund until that fund is equal to one-half of the total borrowed capital; thereafter not less than one-third of the net profits in any year until the reserve fund equals the amount of borrowed capital; and thereafter not less than one-fourth of the net profits in any year shall be carried to the reserve Fund :", "footnote": "", "is_definition": false, "sort_order": 59 }, { "number": "58", "title": "58. Use of reserve fund in the business of a society.", "chapter": null, "content": "(i) up to one-third of its reserve fund when the owned capital is less than the borrowed capital;\n(ii) up to two-thirds of its reserve fund when the owned capital is equal to or exceeds the borrowed capital; and\n(iii) the entire reserve fund when there is no borrowed capital:", "footnote": "", "is_definition": false, "sort_order": 60 }, { "number": "59", "title": "59. Contribution to charitable purposes.", "chapter": null, "content": "(a) the Registrar (ex-office);\n(b) the Deputy Registrar of Co-operative Societies ( ex-officio );\n(c) an Economist;\n(d) a representative of rural credit societies ;\n(e) a representative of trading and consumer societies ;\n(f) a representative of other types of societies ; and\n(g) one member of the State Legislative Assembly.\n(ii) The Registrar shall be the Chairman with the Deputy Registrar of Co-operative Societies as the Secretary and Treasurer of the Committee. The Registrar shall frame rules for the detailed procedure of working and disposal of the fund.\n(a) the education of members of co-operative societies in co-operative principles and practice; or\n(b) the development of new types of co-operative societies; or\n(c) the improvement of co-operative societies in general.", "footnote": "", "is_definition": false, "sort_order": 61 }, { "number": "60", "title": "60. Charitable purposes.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 62 }, { "number": "61", "title": "61. Distribution of net profits.", "chapter": null, "content": "(a) Payment of dividend on shares. - No co-operative society shall pay its share-holders in any year a dividend exceeding twelve and a half per cent on the paid up shares unless otherwise permitted by the Registrar in writing :\n(b) No dividend shall be paid by any co-operative society with shares and unlimited liability without the previous sanction of the Registrar and that the rate of such dividend shall not exceed 6ΒΌ per cent per annum on the paid up share.\n(c) No co-operative society shall declare a dividend at a rate exceeding that recommended by its administrative council or managing body;\n(d) Dividend Equalisation Fund. - A society may credit in any year a sum out of the dividend allotted under (a) above not exceeding 3 per cent on the paid up share capital to a fund called the \"Dividend Equalisation Fund\" till the total amount in such fund accumulates to 9 per cent of the paid-up share capital :", "footnote": "", "is_definition": false, "sort_order": 63 }, { "number": "62", "title": "62. Patronage dividend or rebate.", "chapter": null, "content": "(b) In case advance patronage dividend is allowed to be paid under Section 54 (2), the total amount of such patronage dividend shall not exceed the limit as provided in the bye-laws.", "footnote": "", "is_definition": false, "sort_order": 64 }, { "number": "63", "title": "63. Payment of bonus or remuneration.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 65 }, { "number": "64", "title": "64. Provision for bad and doubtful debts.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 66 }, { "number": "65", "title": "65. Provision for building fund.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 67 }, { "number": "66", "title": "66. Payment of interest on share capital.", "chapter": null, "content": "Chapter VII\nAudit", "footnote": "", "is_definition": false, "sort_order": 68 }, { "number": "67", "title": "67. Explanation of bad or doubtful asset.", "chapter": null, "content": "(a) Doubtful debt. - If a member fails for three consecutive years without reasonable ground acceptable to the managing committee, to pay at least 25 per cent of each of the instalments of principal and interest fixed for repayment of a loan at the time of its issue, then notwithstanding that on an examination of his assets and the assets of his sureties, if any, the debt appears to be covered by the value of such assets, the debt may be considered as doubtful.\n(b) Bad debt. - (i) When the total amount due by a member to a co-operative society by way of principal and interest exceeds the total of his assets and the available assets of his sureties, if any, and the amount due by way of airier interest exceeds three years demand such excess of his total dues including interest over the total assets shall be considered as bad debt. Besides, where member has inadequate repaying capacity and he and his sureties have no available assets, the debt shall be termed as bad debt.\n(ii) A debt considered as doubtful if not recovered after action has been taken under Chapter X or Section 70 of the Act to recover it or the recovery of which has become barred by limitation shall be considered as a bad debt.", "footnote": "", "is_definition": false, "sort_order": 69 }, { "number": "68", "title": "68. Writing off of bad debts.", "chapter": null, "content": "(i) the bad debt fund or any fund created out of profits as provision for bad debts;\n(ii) any other fund created out of profits but not earmarked for any specified purpose;\n(iii) the reserve fund constituted under Rules 56 and 59.", "footnote": "", "is_definition": false, "sort_order": 70 }, { "number": "69", "title": "69. Date of audit of co-operative society.", "chapter": null, "content": "(i) in case of a primary agricultural credit society, within nine months, and\n(ii) in case of any other society, within six months from the date of the close of the co-operative year.\n70. procedure of audit.\n71.\n\"Certified that I have this day completed the audit of the for the period from .......... to..... and that a copy of the balance sheet together with the statement of accounts audited and the audit report with the statement as required under Section 58 shall be sent within a week to the society for record\".\n\"I report that I have audited the balance sheet as at and the annexed profit and loss account for the year ended and have obtained all the informations and explanations I required. In my opinion the balance sheet and the profits and loss account have been drawn up in conformity with the law and subject to my separate report of even date, the balance sheet exhibits a true and correct view of the state of the society's affairs according to the best of my information and the explanations given to me and as shown by the books of the society.\"", "footnote": "", "is_definition": false, "sort_order": 71 }, { "number": "72", "title": "72. Form of Audit Statements.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 72 }, { "number": "73", "title": "73. Audit fee.", "chapter": null, "content": "(b) Any reference to co-operative year for the purpose of audit of co-operative societies occurring any where in this rule may be construed as co-operative year fixed by the Registrar of Co-operative Societies.\n(a) Primary Credit Societies - at annas 8 per one hundred rupees subject to a maximum of Rs. 150.\n(b) All other co-operative societies - at Rs. 1 per one hundred rupees subject to a maximum of Rs. 5,000 unless the society has regional branches in which case the maximum shall be Rs. 10,000.", "footnote": "", "is_definition": false, "sort_order": 73 }, { "number": "74", "title": "74. Collection and assessment of audit fees.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 74 }, { "number": "75", "title": "75. Chief Auditor.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 75 }, { "number": "76", "title": "76. Employment of staff for audit.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 76 }, { "number": "77", "title": "77. Audit classification.", "chapter": null, "content": "(i) \"A\" Class - Societies which are well managed keep their accounts neatly and correctly, have built up a strong financial position observe co-operative principles, have a co-operative outlook in all their dealings and do not require outside guidance or supervision and further enforce punctual recovering of dues from members with complete loyalty assured from all members.\n(ii) \"B\" Class - Societies which may contain certain of defaultering members, their accounts are not entirely faultless but have displayed a certain amount of co-operative spirit with a general desire for self improvement, self-help and shift. Outstanding of dues should not be more than 25 per cent of the total.\n(iii) \"C\" Class - Societies where bye-laws and rules are not property observed management is not .satisfactory, the financial position is weak and overdues exceed than that of \"B\" Class but within 50 per cent of the total outstanding and\n(iv) \"D\" Class - Societies which fail to show any activity, have forfeited the confidence of creditors where the overdues are more than 50 per cent and they do not show any chance or improvement to class \"C\" within 2 years of such classification, but where should be considered for liquidation.", "footnote": "", "is_definition": false, "sort_order": 77 }, { "number": "78", "title": "78. Audit of societies under liquidation.", "chapter": null, "content": "Chapter VIII\nInquiry and Inspection", "footnote": "", "is_definition": false, "sort_order": 78 }, { "number": "60", "title": "79. Procedure of enquiry under Section 60 and inspection under Section 61.", "chapter": null, "content": "(ii) Such summons may be sent by registered post or served in the manner prescribed by Rule 98(2).\n(iii) Any person duly summoned under sub-rule (i) above to appear or to produce any document or cash shall be liable to the same penalties as provided in Rule 105.", "footnote": "", "is_definition": false, "sort_order": 79 }, { "number": "80", "title": "80. Inspection of affiliated societies by members of the paid staff of financing bank.", "chapter": null, "content": "(i) is a regular employees of the bank and has received training in institution or in any other way approved by the Registrar adequate for supervising and inspecting a society and\n(ii) possesses such qualifications as the Registrar may, from time to time require.\nChapter IX\nSettlement of Dispute\n81.", "footnote": "", "is_definition": false, "sort_order": 80 }, { "number": "82", "title": "82. Dispute and appointment of arbitrators.", "chapter": null, "content": "(i) issue a notice calling on each of the parties to nominate one person as its nominee within such time as he may direct and where a party consists of more than one person shall jointly make only one nomination;\n(ii) shall nominate the third arbitrator who shall act as Chairman.\n(a) constitute a new Board under sub-section (1)(b) of Section 64 and sub-rule (1) above; or\n(b) appoint only one arbitrator; or\n(c) decide the case himself by making an award in the manner as provided in Rules 88 and 89.", "footnote": "", "is_definition": false, "sort_order": 81 }, { "number": "83", "title": "83. Persons qualified to be appointed as arbitrators.", "chapter": null, "content": "(i) officers of the Co-operative Department;\n(ii) officers of any other department of Government;\n(iii) members, officers, or paid employees of co-operative societies;\n(iv) members of any local body;\n(v) teachers of any educational institutions; or\n(vi) Registered accountants.", "footnote": "", "is_definition": false, "sort_order": 82 }, { "number": "84", "title": "84. Payment of remuneration to arbitrators.", "chapter": null, "content": "(b) Remuneration to the arbitrators will be fixed by the Registrar subject to a minimum of five rupees and maximum of fifty rupees to each arbitrator in each case, payable from the funds of the society and realisable as cost against the party or parties against whom any sum would be found due by the arbitrator or arbitrators or the Chairman.\n(c) When any remuneration is to be paid to the arbitrators it shall be deposited with the Registrar by the society concerned in such manner as he may direct before the arbitrator is appointed.\n(d) No remuneration shall be payable to an arbitrator till the dispute referred lo him is finally decided.", "footnote": "", "is_definition": false, "sort_order": 83 }, { "number": "85", "title": "85. Payment of expenses of disputes referred to the Registrar.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 84 }, { "number": "86", "title": "86. Reference of a dispute.", "chapter": null, "content": "(a) statement of the subject-matter of the dispute referred, to, in the form as set forth in the Schedule;\n(b) a statement of the claims in the form as set forth in the Schedule;\n(c) copy of the ledger account of the defendant in respect of money suit; and\n(d) such other statement or records as may be required by the Registrar.", "footnote": "", "is_definition": false, "sort_order": 85 }, { "number": "87", "title": "87. Fee for filing a dispute.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 86 }, { "number": "88", "title": "88. Procedure of disposal or dispute.", "chapter": null, "content": "(i) the attendance of the parties concerned and of witnesses;\n(ii) the production of all books and documents relating to the matter in dispute; and\n(iii) shall have the power to administer oaths of all parties concerned.\n(i) personal service through the Chairman or the Secretary or a member of the staff of the society or any of the disputes; or\n(ii) registered post with acknowledgement due; or\n(iii) affixing a copy of the summons or notice at the last known place of residence or business of the person concerned through any office bearer or employee of the society, when he refuses to accept the notice and sign the acknowledgement or he cannot be found.", "footnote": "", "is_definition": false, "sort_order": 87 }, { "number": "89", "title": "89. Decision or award.", "chapter": null, "content": "(i) pronouncement of the award; or\n(ii) registered post to any party absent on such date.", "footnote": "", "is_definition": false, "sort_order": 88 }, { "number": "90", "title": "90. Withdrawal of a reference by the Registrar.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 89 }, { "number": "91", "title": "91. Execution of decision or award.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 90 }, { "number": "92", "title": "92. Disposal of records.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 91 }, { "number": "93", "title": "93. Certified copy.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 92 }, { "number": "94", "title": "94. Procedure for conditional attachment of property.", "chapter": null, "content": "(a) evidence in support of the contention that the party is about to dispose of the whole or any part of his property or is about to remove the whole or part of his property from the local limits of the jurisdiction of the Registrar; and\n(b) full details of the property to be attached, its estimated value and the claim of the society.\nChapter X\nDissolution of Society", "footnote": "", "is_definition": false, "sort_order": 93 }, { "number": "95", "title": "95. Obligatory cancellation of registration.", "chapter": null, "content": "(i) has not commenced working within a period of twelve months from the date of registration ; and\n(ii) has not carried on business during the previous eighteen months ; after giving the society a notice in writing in such manner as he thinks fit.", "footnote": "", "is_definition": false, "sort_order": 94 }, { "number": "96", "title": "96. Remuneration of liquidators.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 95 }, { "number": "97", "title": "97. Procedure of taking over charge and preparation of final balance sheet.", "chapter": null, "content": "(i) prepare a list of the books, records, cash and other properties of the society taken charge of;\n(ii) prepare an up-to-date list of-\n(a) members ;\n(b) past members with dates of their withdrawal; and\n(c) deceased members, with dates of their decease, name of the legal heirs who represent their estates ;\n(iii) make a final audit of the accounts of the society ;\n(iv) draw up final balance sheet as it stands on the date of cancellation of registration; and\n(v) prepare a statement in the prescribed form, showing assets and liabilities as in the final balance sheet.", "footnote": "", "is_definition": false, "sort_order": 96 }, { "number": "98", "title": "98. Issue of summons, notice, etc. by a liquidator.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 97 }, { "number": "99", "title": "99. Distribution of assets and priority of claims.", "chapter": null, "content": "(i) all loans including those from Central and Apex Bank ;\n(ii) deposits from non-members ; and\n(iii) deposits from members.\nN.B.\n(b) Payment of interest included in the claims of the above categories shall be deferred until full payment of principal has been made to all creditors.", "footnote": "", "is_definition": false, "sort_order": 98 }, { "number": "100", "title": "100. Termination of liquidation proceedings obligatory on the Registrar in certain cases.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 99 }, { "number": "101", "title": "101. Disposal of the records of liquidation proceedings.", "chapter": null, "content": "Chapter XI\nRecovery of Sums Due and Enforcement of Obligations", "footnote": "", "is_definition": false, "sort_order": 100 }, { "number": "102", "title": "102. Charge and Surcharge.", "chapter": null, "content": "(i) supply the person concerned with a copy of the proceedings and a summary of the evidence which prima facie appear against him ;\n(ii) call on the person concerned to furnish his explanation by a specified date :\n(iii) allow him an opportunity to look into relevant records of the society if required for furnishing an explanation of charges included in the proceedings drawn up against him ;\n(iv) received and record such evidence as may be adduced ;\n(v) record a decision.\n(b) The Registrar may, by an order in writing, fix a sum not exceeding Rupees twenty-five to meet the cost of the proceeding under sub-section (3) of Section 71 of the Act.\n102A.\nI. Procedure for appointment for distrainer.\nII. Powers and functions of the distrainer.\n(a) where such produce is a growing crop on the land on which such crop has grown ; or\n(b) where such produce has been cut or gathered on the threshing floor or place for treating out grain or the like of fodder stack on or which it is deposited ; and another copy in a conspicuous manner on the outer door of the premises where he resides or works or is known to have last resided.\nIII. Sale of distrained property.\n(i) from the amount paid by the defaulting purchaser and forfeited to the society :\n(ii) the balance, if any, from the defaulting purchaser, through a civil Court having competent jurisdiction.\n(a) other expenses incurred in connection with the distraint;\n(b) dues of the society for which the distraint has been made ;\n(c) balance, if any, to the defaulter.\nIV. Investigation of claims, etc.", "footnote": "", "is_definition": false, "sort_order": 101 }, { "number": "103", "title": "103. Gross negligence.", "chapter": null, "content": "(i) investment, custody and employment of funds contrary to the provisions of the Act, Riles or bye-laws or any written direction of the Registrar given in accordance therewith ;\n(ii) failure to remedy audit defects and irregularities in time when directed by the Register under Section 59 ; and\n(iii) failure to file disputes against defaulters and to execute any decree or award within the period of limitation.\n104.\nSchedule\n[Rule 5(1)]\nForm of application for the registration of a co-operative society with limited/unlimited liability under Section 11 of the Assam Co-operative Societies Act, 1949 (Assam Act I of 1950)\nForm of application for the registration of a co-operative society with limited/unlimited liability under Section 11 of the Assam Co-operative Societies Act, 1949 (Assam Act I of 1950)\nDated...........the........19........", "footnote": "", "is_definition": false, "sort_order": 102 }, { "number": "1", "title": "1. The name of the proposed society.........", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 103 }, { "number": "2", "title": "2. The registered address of the society is Village/Town, Post Office ............ Mauza/Chowkidari Circle, Thana.............. Subdivision............. district..........", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 104 }, { "number": "3", "title": "3. The liability of the members shall be limited/unlimited..........", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 105 }, { "number": "4", "title": "4. The area of operation..........", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 106 }, { "number": "5", "title": "5. The object of the society........", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 107 }, { "number": "6", "title": "6. Language in which the books and account will be kept.............", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 108 }, { "number": "7", "title": "7. Four copies of proposed bye-laws signed by President of the inaugural meeting are sent herewith.............", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 109 }, { "number": "8", "title": "8. Each member shall pay an admission fee of and subscribe to at least one share of nominal value of Rs.........", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 110 }, { "number": "9", "title": "9. A copy of the proceedings of the inaugural meeting of the proposed society is enclosed herewith............", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 111 }, { "number": "10", "title": "10. Three copies of the application for registration with signatures of the applicants and particulars as required, are submitted in the prescribed form..............", "chapter": null, "content": "Serial No.\nName of the applicant for registration.\nFather's/ Husband's name of the applicant\nAge of the applicant\nResidence of the applicant and postal address\nOccupation of the applicant\nNumber of shares subscribed\nSignature of the applicant.\n1\n2\n3\n4\n5\n6\n7\n8\nForm of Certificate of Registration\nForm of Certificate of Registration\n[Rule 6(3)]\nRegistrar of Co-operative Societies, Assam\nForm of application for the registration of amendments of bye-laws of a registered society\nForm of application for the registration of amendments of bye-laws of a registered society\n[Rule 10(1)]\nDated..........the..........19\n(a) (1) Date of the meeting......\n(2) The total number of members of the society on the date of issue of notice of the meeting of general assembly..........\n(3) Number of members present at the meeting..........\n(4) Number and names of members who voted in support of the amendment............\n(5) Number and names of members who voted against the amendment............\n(b) For reasons noted below the quorum required under Rule 10(i) could not be secured.\nChairman........\nSignature of\nSecretary................\nMembers of the Managing Committee\n(1)\n(2)\n(3)\nCertificate of registration of amendment of bye-laws\nCertificate of registration of amendment of bye-laws\n[Rule 10(3)]\nThe following is the area of operation of the society :\nThe bye-laws amended and registered this day are as follows :\nComplete amendment of previous bye-laws............\nPartial amendment of bye-laws Nos.........\nRegistrar of Co-operative Societies, Assam\nForm A Declaration under Section 46(2) of Assam Co-operative Societies Act, 1949 [ See Rule 54-A] I.......... age........ son/wife of........of village .......... Thana.........District............. having been admitted to the membership of........Society Ltd........... and being desirous of borrowing loan from the society/having borrowed loan from the society make this declaration as required by Section 46(2) of the Assam Co-operative Societies Act, that I own/I have interest as tenant in land specified in the schedule and I hereby create charge of the said land/interest in land in favour of the society for the payment of the amount of the loan which the society may make/has made and for all future advances, if any, which the society may make to me subject to the maximum amount of Rs.......... together with interest on such amount of loan and advances.\nForm A\nDeclaration under Section 46(2) of Assam Co-operative Societies Act, 1949\nDeclaration under Section 46(2) of Assam Co-operative Societies Act, 1949\n[ See Rule 54-A]\nSchedule\nName of the declarant\nName of the owner (in case of interest in land)\nMouza\nDistrict\nVillage\nPatta No.\nDag No.\n1\n2\n3\n4\n5\n6\n7\nArea\nBoundaries\nLand Revenue\nApproximate value\nEncumbrances if any\nRemarks\nNature\nAmount\n8\n9\n10\n11\n12\n13\n14\nApplicant's Signature\nBorrowers\nChairman of the Society\nSecretary\nSub-Deputy Collector/Assistant Settlement Officer\nForm B Registrar of declaration made under Section 46(2) of Assam Co-operative Societies Act, 1949 Serial No. Date of entry in the register Name of the member Father's name Date of declaration Name of village Name of Mouza Name of Revenue Circle Name of District Patta No. 1 2 3 4 5 6 7 8 9 10\nForm B\nRegistrar of declaration made under Section 46(2) of Assam Co-operative Societies Act, 1949\nRegistrar of declaration made under Section 46(2) of Assam Co-operative Societies Act, 1949\nSerial No.\nDate of entry in the register\nName of the member\nFather's name\nDate of declaration\nName of village\nName of Mouza\nName of Revenue Circle\nName of District\nPatta No.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\nDag No.\nBoundary\nArea\nAmount of land revenue\nApproximate value\nEncumbrances if any\nAmount maximum loan required by declaration\nRemarks\nInitial of the Chairman\nNature\nAmount\n11\n12\n13\n14\n15\n16(a)\n16(b)\n17\n18\n19\nForm C Form of the mortgage deed [ See Rule 54-B] This deed of mortgage is made on this............... day of............... one thousand nine hundred and .............. Anno Domini between ............. son of................ residing at a member of the ................ Co-operative Society Limited/Land Mortgage Bank Ltd. bearing No......... (hereinafter called the Mortgagor which expression unless excluded by or repugnant to the context shall be deemed to include his heirs executors, administrators, legal representatives and assigns of the one part; and the ........... Co-operative Society Ltd./Land Mortgage Bank Ltd.............. (hereinafter called the Mortgagee\" which expression unless excluded by or repugnant to the context shall be deemed to include its successors and assigns) of the other part.\nForm C\nForm of the mortgage deed\nForm of the mortgage deed\n[ See Rule 54-B]\nWitnesses :\nName\nAddress in full\nMortgagor\n1.\n2.\n3.\n4.\nDuly executed in our presence\nChairman\nSecretary\nSeal of the Society\nSecretary\nSub-Registrar\nForm D\nForm D\n[ See Rule 54-B(6)]\nRegister of Mortgages\nRegister of Mortgages", "footnote": "", "is_definition": false, "sort_order": 112 }, { "number": "1", "title": "1. Serial No.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 113 }, { "number": "2", "title": "2. Name of the mortgagor.......", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 114 }, { "number": "3", "title": "3. Father's name", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 115 }, { "number": "4", "title": "4. Date of execution of mortgage deed", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 116 }, { "number": "5", "title": "5. Name of village where land is situated", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 117 }, { "number": "6", "title": "6. Name of Mouza", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 118 }, { "number": "7", "title": "7. Name of Sub-Registrar's Office", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 119 }, { "number": "8", "title": "8. Patta No.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 120 }, { "number": "9", "title": "9. Dag No.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 121 }, { "number": "10", "title": "10. Boundary", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 122 }, { "number": "11", "title": "11. Area", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 123 }, { "number": "12", "title": "12. Amount of land revenue", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 124 }, { "number": "13", "title": "13. Approximate value", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 125 }, { "number": "14", "title": "14. Amount of loan", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 126 }, { "number": "15", "title": "15. Date of submission to the Sub-Registrar", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 127 }, { "number": "16", "title": "16. Registration No. and date as indicated by sub-Registrar.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 128 }, { "number": "17", "title": "17. Remarks", "chapter": null, "content": "Form of Notice of Demand by Distrainer\nForm of Notice of Demand by Distrainer\n[ See Rule 102-A]\nDistrainer The Order of Attachment of Property [ See Rule 102-A] To Shri............... ...................... ......................\nThe Order of Attachment of Property\nThe Order of Attachment of Property\n[ See Rule 102-A]\nSchedule of Property\n(1) Name of Mauza...........\n(2) Name of Village......\n(3) Patta No.......\n(4) Dag No.........\n(5) Description of property distrained.........\nDistrainer Form No. 1 Return of Audit Fees [Rule 74 (a)] 1. Name of the Society........... 2. Address........ 3. Registration No. and Date........... 4. Assessment year of Audit fee............ 5. Total capital ......... 6. Funds separately invested........... 7. Net working capital to the nearest hundred rupees (Sec Rule 36(3)], i.e. item 5 minus item 6.......... 8. Rate of Audit Fee per hundred of rupees (See Rule 36(4)........... 9. Provisional assessment of Audit Fee-payable to the nearest rupee........... 10. Deduction or addition on account of previous year's over or under payment (See item 14 of previous year's assessment............... 11. Total amount due (Items 9 and 10)............ 12. Amount paid vide Receipt and Chalan (Give Nos. and dates) to be filled in by auditing officer........... 13. Final order of assessment by Regional Auditor................ 14. Remarks of Regional Auditor to State amount of refund or extra payment due in next year's audit)................. Submitted to the Auditor of Co-operative Societies............. (Through the Co-operative Branch of the Development Oil ice)............. Dated .................19 Secretary of the Society. Form No. 2 [Rule 74(7)] Register of Collection of Audit Fees (To be maintained by the Chief Auditor and Auditors, Sub-division by Sub-division each Society of the Sub-division being entered in serial order of the Registration No.)\nForm No. 1 Return of Audit Fees [Rule 74 (a)] 1. Name of the Society........... 2. Address........ 3. Registration No. and Date........... 4. Assessment year of Audit fee............ 5. Total capital ......... 6. Funds separately invested........... 7. Net working capital to the nearest hundred rupees (Sec Rule 36(3)], i.e. item 5 minus item 6.......... 8. Rate of Audit Fee per hundred of rupees (See Rule 36(4)........... 9. Provisional assessment of Audit Fee-payable to the nearest rupee........... 10. Deduction or addition on account of previous year's over or under payment (See item 14 of previous year's assessment............... 11. Total amount due (Items 9 and 10)............ 12. Amount paid vide Receipt and Chalan (Give Nos. and dates) to be filled in by auditing officer........... 13. Final order of assessment by Regional Auditor................ 14. Remarks of Regional Auditor to State amount of refund or extra payment due in next year's audit)................. Submitted to the Auditor of Co-operative Societies............. (Through the Co-operative Branch of the Development Oil ice)............. Dated .................19\nForm No. 1\nReturn of Audit Fees\nReturn of Audit Fees\n[Rule 74 (a)]", "footnote": "", "is_definition": false, "sort_order": 129 }, { "number": "1", "title": "1. Name of the Society...........", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 130 }, { "number": "2", "title": "2. Address........", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 131 }, { "number": "3", "title": "3. Registration No. and Date...........", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 132 }, { "number": "4", "title": "4. Assessment year of Audit fee............", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 133 }, { "number": "5", "title": "5. Total capital .........", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 134 }, { "number": "6", "title": "6. Funds separately invested...........", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 135 }, { "number": "36", "title": "7. Net working capital to the nearest hundred rupees (Sec Rule 36(3)], i.e. item 5 minus item 6..........", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 136 }, { "number": "36", "title": "8. Rate of Audit Fee per hundred of rupees (See Rule 36(4)...........", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 137 }, { "number": "9", "title": "9. Provisional assessment of Audit Fee-payable to the nearest rupee...........", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 138 }, { "number": "10", "title": "10. Deduction or addition on account of previous year's over or under payment (See item 14 of previous year's assessment...............", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 139 }, { "number": "11", "title": "11. Total amount due (Items 9 and 10)............", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 140 }, { "number": "12", "title": "12. Amount paid vide Receipt and Chalan (Give Nos. and dates) to be filled in by auditing officer...........", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 141 }, { "number": "13", "title": "13. Final order of assessment by Regional Auditor................", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 142 }, { "number": "14", "title": "14. Remarks of Regional Auditor to State amount of refund or extra payment due in next year's audit)................. Submitted to the Auditor of Co-operative Societies............. (Through the Co-operative Branch of the Development Oil ice).............", "chapter": null, "content": "Secretary of the Society.\nForm No. 2\nForm No. 2\n[Rule 74(7)]\nRegister of Collection of Audit Fees\nRegister of Collection of Audit Fees\nName of sub-division.............\nYear\nYear\nSerial No.\nName and Registered No. of Society\nAmount collected (item 12 of Form No. 1)\nOffice Reference No. (i.e. File No. plus page in\n\t\t\t\tthe file at which the \"Return of Audit Fees\" has been\n\t\t\t\tplaced)\n(As in Column 3)\n(As in Column 4)\n1\n2\n3\n4\n5\n6\nYear\nYear\nYear\nYear\n(As in Column 3)\n(As in Column 4)\n(As in Column 3)\n(As in Column 4)\n(As in Column 3)\n(As in Column 4)\n(As in Column 3)\n(As in Column 4)\n7\n8\n9\n10\n11\n12\n13\n14\nForm No. 1\nForm No. 1\nApplication form for filing arbitration suits\nApplication form for filing arbitration suits\n[Rule 86(a)]\nDated at.........\nthe............day of 19..........", "footnote": "", "is_definition": false, "sort_order": 143 }, { "number": "1", "title": "1. Chairman", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 144 }, { "number": "2", "title": "2. Secretary, Committee members", "chapter": null, "content": "3.\n4.\n5.\nMembers of the Committee of the\n(Authorised under Resolution No.......... of the meeting of the .......... date..........)\nForm No. 2\nForm No. 2\n[Rule 86(b)]\nSerial No.\nFull name of member and his father's name\nName of his surety/ sureties, if any, being\n\t\t\t\tmembers of the society and his father's name\nOriginal advance\nDate or dates on which repayments fell due\nDate of issue\nAmount\nRate of interest\n1\n2\n3\n4\n5\n6\n7\nTotal repayments up to the date to which the\n\t\t\t\taccount is drawn\nBalance of amount now due and claimed\nDate up to which the account is drawn\nRemarks (Details regarding demands made)\nPrincipal\nInterest\nPrincipal\nInterest\n8\n9\n10\n11\n12\n13\nSignature Secretary/Executive Officer of the......... Countersigned by the Chairman of the............. Date.......... *If no separate bond was executed the sentence is to be struck off. Office of the Registrar of Co-Operative Societies, Assam Notice to show cause why a decision should not be given [Rule 88 (1)] Case No. ........... of 19....... Notice under Rule 88(1) of the rules made under Assam Co-operative Societies Act, 1949 (Assam Act I of 1950).\nSecretary/Executive Officer of the.........\nCountersigned by the Chairman of the.............\nDate..........\n*If no separate bond was executed the sentence is to be struck off.\nOffice of the Registrar of Co-Operative Societies, Assam\nNotice to show cause why a decision should not be given\nNotice to show cause why a decision should not be given\n[Rule 88 (1)]\nCase No. ........... of 19.......\nRegistrar of Co-operative Societies, Assam\nRegistrar of Co-operative Societies, Assam\n*To be attested duly with two witnesses.\nOffice of the Registrar of Co-Operative Societies, Assam\n[Rule 89]\nIntimation of award given to the judgement-debtor\nIntimation of award given to the judgement-debtor\nRegistrar of Co-operative Societies, Assam\nRegistrar of Co-operative Societies, Assam\nIntimation of award to the Chairman\nIntimation of award to the Chairman\n[Rule 89]\nDated the ........... 19..\nYours faithfully\nRegistrar of Co-operative Societies, Assam\nForm of Simple Award\nForm of Simple Award\n[Rule 89]\nCase No........... of 19..\nDistrict/Sub-divisional/Political Area\nIn the matter of.................\nVersus\n..............Member of the...................\nRegistrar of Co-operative Societies, Assam\nForm of Mortgage Award\nForm of Mortgage Award\n[Rule 89]\nCase No............of 19..\nDistrict/Sub-divisional/Political Area\nIn the matter of................\nVersus\n............Member of the...........\nRegistrar of Co-operative Societies, Assam\nSchedule of property\n*Notice to furnish Security for fulfilment of Decree\n*Notice to furnish Security for fulfilment of Decree\n[Rule 94(2)]\nUnder sub-section (3) of Section 64 of the Assam Co-operative Societies Act, 1949\n(Assam Act No. I of 1950)\nRegistrar of Co-operative Societies, Assam\n*Deleted by Assam Rules VIII of 1975.\nForm of Conditional Order of Attachment Before Award\nForm of Conditional Order of Attachment Before Award\n[Rule 94(6)]\nOffice of the Registrar of Co-operative Societies, Assam\nCase No.\nIn the matter of the...............\nVersus\n............member of the...........\nDated...........\nRegistrar of Co-operative Societies, Assam\n*Deleted by Assam Rules VIII of 1975.\nSchedule\nForm of order sheet [Rule 98(6) and (12)] No. of proceedings or Orders Order or proceedings Signature of Liquidator with date\n[Rule 98(6) and (12)]\nNo. of proceedings or Orders\nOrder or proceedings\nSignature of Liquidator with date\nNotice of change of registered address\nNotice of change of registered address\nPrevious address\nPresent address\nDate of changes\nSignature of-\nSignature of-\n(1)\n(1) Chairman\n(2)\n(2) Secretary\n(3)\n(4)\n(5)", "footnote": "", "is_definition": false, "sort_order": 145 } ], "metadata": { "Act ID": "Last Updated 11th February, 2020 [ass110]", "Act Number": "Published vide Notification No. CG. 28/50/253, dated 4th February, 1953", "Enactment Date": "", "Act Year": "1953", "Short Title": "The Assam Co-operative Societies Rules, 1953", "Type": "STATE", "Location": "Assam" }, "updated_at": "2026-09-29 21:55:19" }