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The Chhattisgarh Co-operative Societies Rules, 1962
The Chhattisgarh Co-operative Societies Rules, 1962
Sections
1. Short title and extent.
Section 12. Definitions.
Section 23. Categories of Officers to assist the Registrar.
Section 34. Application for Registration.
Section 45. Procedure on receipt of application.
Section 57. Procedure regarding amendment of bye-laws.
Section 78. Manner of serving the order under sub-section (1) of Section 12.
Section 129. Procedure to be followed and conditions to be observed for change of name of society.
Section 910. Procedure to be followed and conditions to be observed for change of liability.
Section 1011. Re-organisation of societies.
Section 1112. Compromise or arrangement for repayment of liabilities.
Section 1213. Form of undertaking.
Section 1314. Conditions to be complied with for admission far membership.
Section 1416. Admission of members or transfer of shares before annual general meeting.
Section 1617. Withdrawal of a member and refund of share.
Section 1719. Nomination of an heir.
Section 1920. Procedure for ascertaining the value of share or interest of a member.
Section 2022. Address of societies.
Section 2223. Registers of members and shares, and list of members.
Section 2325. Restrictions on grant of loan.
Section 2526. Restrictions on borrowing from more than one society dispensing credit.
Section 2627. Fixation of credit limit of a member.
Section 2729. Restrictions on transactions with non-members.
Section 2931. Investment and use of funds other than reserve fund.
Section 3132. State aid to societies.
Section 3233. Employee's Provident Fund.
Section 3334. General Meetings.
Section 3435. Special general meeting called by the Registrar, or any person authorised by him.
Section 3536. President of general meeting.
Section 3637. Quorum for general meeting.
Section 3738. Minutes of general meeting.
Section 3839. Voting in general meeting.
Section 3940. Election of members of committee by general body.
Section 4043. Appointment of committee.
Section 4344. Disqualification for membership of committee.
Section 4445. Disqualification for representation.
Section 4546. Prohibition against being interested in contracts, etc.
Section 4647. Restrictions on persons appearing as legal practitioners.
Section 4748. Notice of meeting of the committee.
Section 4849. State Government nominees.
Section 4950. Procedure for conducting audit.
Section 5051. Publication of a balance sheet.
Section 5152. Reference of a dispute.
Section 5253. Appointment of Registrar's nominee or board of nominees.
Section 5354. Levy of expenses for determining disputes.
Section 5455. Procedure for execution of decisions or awards.
Section 5556. Procedure for the custody of property attached under [***] Section 68.
Section 6857. Procedure to be adopted by liquidator.
Section 5758. Disposal of records of society whose registration is cancelled.
Section 5859. Procedure to be followed for presenting of appeals, revisions and review.
Section 5960. Procedure to be followed in disposing of appeals by the Registrar.
Section 6061. Appeal against rejection of an application for membership.
Section 6162. Application for execution to Recovery Officer.
Section 6263. Procedure in execution.
Section 6364. Attachment and sale of specific movable property including crops on land.
Section 6465. Attachment of other movable property.
Section 6566. Attachment and sale of immovable property.
Section 6666B. No permanent right to leaseholder.
Section 66B66C. Procedure for reversion of the land to the Judgement-debtor.
Section 66C67. Effect of attachment on private alienation.
Section 6768. Bhatta, costs and receipts for payments made.
Section 6869. Investigation of claims to property attached.
Section 6970. Loss caused by resale due to default by purchaser at first sale.
Section 7071. Dismissal of application for execution for default of decree-holder.
Section 7172. Distribution of assets when there are claims under several decrees.
Section 7273. Death of Judgement-debtor-Execution against legal representative.
Section 7374. Fees for processes issued under these rules.
Section 7475. Mode of service of summons.
Section 7576. Authentication of notice or process.
Section 7677. Communication of order, decision or award.
Section 7778. Repeal and savings.
Section 782. The Fee for auditing the Account of a Society under liquidation shall be charged at Rs. 2 percent on assets realised.
Section 23. If a society doing Multipurpose type of business then audit fee shall be charged for various business as under:-
Section 31. For Consumer Business-As per the rates of consumer societies.
Section 12. For credit business-On total Loans advanced 20 paise per cent.
Section 23. For non-credit Business-On gross profit Rs. 10 per cent.
Section 34. If a society doing business on consignment/Agent basis, then additional audit fee shall be charged at Rs. 5 per cent on total commission earned from such business.
Section 45. In any of the society, during the course of a processing unit is established, but not started Production: audit fee shall be charged at the rate of 10 paise percent on the total Construction/Establishment expenditure.
Section 56. An additional audit fee shall be charged on the societies having processing unit at the rate of Rs. 500 per unit.
Section 67. Regional/Divisional/Directorate/Branches/Sale Depots of any society will be treated as a separate Branch for the purpose of levy of audit fee.
Section 710. The Central Co-operative Bank shall pay the audit fees for the audit of the society affiliated to it and it may reimburse the same from the society concerned.
Section 10
the-chhattisgarh-co-operative-societies-rules-1962.json
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81 Sections
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Chhattisgarh
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"id": 16108,
"slug": "the-chhattisgarh-co-operative-societies-rules-1962",
"title": "The Chhattisgarh Co-operative Societies Rules, 1962",
"short_title": "The Chhattisgarh Co-operative Societies Rules, 1962",
"act_number": "",
"act_year": 1962,
"act_type": "STATE",
"location": "Chhattisgarh",
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"enactment_date": null,
"description": "The Chhattisgarh Co-operative Societies Rules, 1962",
"preamble": "",
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"sections": [
{
"number": "1",
"title": "1. Short title and extent.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
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},
{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(a) \"Act\" means the Chhattisgarh Co-operative Societies Act, 1960 (17 of 1961);\n[(b) \"Bonus\" means the payment admissible to an employee under the provisions of the Payment of Bonus Act, 1965 (No. 21 of 1965);]\n[(c) \"Co-operative Year\" means the year ending on the 31st March every year;]\n[(cc) \"Certified copy\" means a copy of any entry in the books of the society together with a certificate written at the foot of such copy that it is a true copy of such entry, that such entry is contained in one of the ordinary books of the society and was made in the usual and ordinary course of business and that such book is still in the custody of the SOciety such certificate being dated and subscribed by the officers (mentioned in Rule 24 from (a) to (d) with his name and official title) as defined in the Act;]\n[(ccc) \"Chairman\" means the Chairman of the Chhattisgarh State Co-operative Tribunal;]\n(d) \"Decree\" means any order, decision or award referred to in Section 85;\n(e) \"Decree-holder\" means any society or any person (including the State Government) holding a decree;\n[(f) \"Dividend\" means the amount paid out of the profits of a society to a member in proportion to value of the shares held by him;]\n(g) \"Form\" means a form appended to these rules;\n[(gg) \"Government\" means the Government of Chhattisgarh;]\n(h) \"Judgement-debtor\" means any society against which or any person against whom a decree has been obtained;\n[(hh) \"Member\" means the member of the Chhattisgarh State Cooperative Tribunal;]\n(i) \"President\" means the President or Chairman of a society;\n(j) \"Recovery Officer\" means any person empowered to exercise the powers of the Registrar under Section 85;\n[(k) \"Sale Officer\" means a person empowered by the Registrar by general or special order, to attach and sell or attach and transfer the property of Judgement-debtors, or to execute any decree by attachment and sale or attachment and transfer of property;]\n[(kk) \"Schedule\" means a schedule appended to these rules;]\n(l) \"Section\" means a Section of the Act;\n(m) \"Vice-President\" means the Vice-President or Vice Chairman of a society;\n[(n) The words and expressions used in these rules and not defined, shall have the meaning respectively assigned to them in the Act.]\nChapter II\nRegistration",
"footnote": "",
"is_definition": true,
"sort_order": 1
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{
"number": "3",
"title": "3. Categories of Officers to assist the Registrar.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Application for Registration.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Procedure on receipt of application.",
"chapter": null,
"content": "[6. Matters in respect of which bye-laws of a society may be made.\n(a) the name, address and area of operation of the society;\n(b) objects of the society;\n(c) the services to be provided to its members;\n(d) the eligibility for obtaining membership;\n(e) the procedure for obtaining membership;\n(f) the terms and conditions for continuing as member;\n(g) the time limit before which a potential member must seek and obtain membership in order to continue to use the services of the society;\n(h) the procedure for withdrawal/transfer of membership;\n(i) the procedure for termination and cessation of membership;\n(j) the rights of members;\n(k) the fixation of minimum performance required annually of each member vis-a-vis use of services, financial commitment and participation in meetings, in order to be eligible to exercise the right of membership including the right of vote;\n(l) the consequences of default in payment of any sum due to a member;\n(m) the nature and amount of capital, if any, of the society;\n(n) the maximum capital to which a single member can subscribe;\n(o) the nature and extent of the liability of the members for the debts contracted by the society;\n(p) the sources and types of funds to be raised by the society;\n(q) the purposes for which the funds may be applied;\n(r) the extent and conditions under which deposits, loans, debentures and other funds may be mobilised;\n(s) the conditions and purposes for which State aid and aid from other financial institutions may be obtained;\n(t) the manner of disposal of surplus;\n(u) the constitutions of various funds, reserves and their purposes;\n(v) the manner of convening general and other special meetings and quorum thereof;\n(w) the frequency of general meetings;\n(x) the role of the general body and subjects which shall be dealt with by the general body;\n(y) the manner of making or amending bye-laws;\n(z) the procedure for conducting elections;\n(aa) the procedure for conducting election in case the Registrar fails to do so;\n(bb) the constitution of the board of directors;\n(cc) eligibility for becoming director;\n(dd) conditions for retaining directorship;\n(ee) the terms of office of the directors, chairman and office bearers;\n(ff) the procedure for removal of Chairman, office bearers, directors and for filling of vacancies;\n(gg) the manner of convening the board meetings and its quorum;\n(hh) the frequency of board meetings;\n(ii) powers and functions of office bearers including chairman;\n(jj) powers and functions of Chief executive;\n(kk) penalties for acting against the interest of members and for non-fulfillment of duties by members, directors and staff;\n(ll) the appointment and role of auditors and procedure for conduct of audit where the society fails to make necessary arrangements and time limit for audit compliance;\n(mm) the authorisation of an officer or officers to sign documents and to institute and defend suits and other legal proceedings on behalf of the society;\n(nn) the terms on which a SOciety may deal with nonmembers;\n(oo) the terms on which a society may associate with other cooperative societies;\n(pp) the terms on which a society may deal with other than co-operative;\n(qq) the rights, if any, which the society may confer on any society or other federations and the circumstances under which these rights may be exercised by the federation/s;\n(rr) the manner of disposal of funds under liquidation;\n(ss) the accounting year for the society;\n(tt) the transfer of shares and interest in the name of a nominee in case of death of a member;\n(uu) the procedure of dissolution of the society;\n(vv) the restriction, if any, on services to non-members;\n(ww) to organise self-help groups of people living in its area and to conduct education and training programmes.",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "7",
"title": "7. Procedure regarding amendment of bye-laws.",
"chapter": null,
"content": "(a) a certificate in Form B;\n(b) four copies of other information in Form C; and\n(c) four copies of the proposed amendment in Form D.\n[(b) Every such application shall be sent to the Registrar by registered post or delivered by hand. After receiving the application, the Registrar shall enter the application in the register maintained for the purpose and Registrar shall issue a receipt of such application in which the date of receipt of such application, shall also be mentioned.]",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "12",
"title": "8. Manner of serving the order under sub-section (1) of Section 12.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "9",
"title": "9. Procedure to be followed and conditions to be observed for change of name of society.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "10",
"title": "10. Procedure to be followed and conditions to be observed for change of liability.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "11",
"title": "11. Re-organisation of societies.",
"chapter": null,
"content": "(b) The Registrar shall consider all such objections, suggestions and opinion and make such modifications in the draft direction as may seem to him desirable in the light of those objections, suggestions or opinion and then issue a final direction under sub-section (3) of Section 16.",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "12",
"title": "12. Compromise or arrangement for repayment of liabilities.",
"chapter": null,
"content": "[12A.\nChapter III\nMembers, Their Rights, Liabilities and Privileges",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "13",
"title": "13. Form of undertaking.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "14",
"title": "14. Conditions to be complied with for admission far membership.",
"chapter": null,
"content": "(i) he has applied in writing in the form laid down by the Society or in the form specified by the Registrar, if any, for membership;\n(ii) he has purchased at least one share and paid the value thereof in full or in part in such calls as may be decided by the committee or general meeting of the society, as the case may be, according to the bye-laws of the society;\n(iii) his application has been approved by the committee or the general meeting of the society, as the case may be, according to the bye-laws of the society;\n(iv) he has fulfilled all other conditions laid down in the Act, the rules and the bye-laws.\n[14A. Procedure for admission of minors as members.\n15.",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "16",
"title": "16. Admission of members or transfer of shares before annual general meeting.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "17",
"title": "17. Withdrawal of a member and refund of share.",
"chapter": null,
"content": "[17A. Adjustment of share towards payment of debt etc.\n18.",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "19",
"title": "19. Nomination of an heir.",
"chapter": null,
"content": "(a) it is made in writing and is signed by the member in the presence of two witnesses attesting the same; and\n(b) it is recorded in the books of the society kept for the purpose.",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "20",
"title": "20. Procedure for ascertaining the value of share or interest of a member.",
"chapter": null,
"content": "(i) in the case of a society with unlimited liability, it shall be the actual amount received by the society in respect of such share or interest;\n(ii) in the case of a society with limited liability, it shall be the amount arrived at by a valuation based on the financial position of the society as shown in the last audited balance sheet preceding the cessation of membership:\n[21. Inspection of documents in the office of the Registrar.\n(a)\nApplication for registration of society\nRs. 5.00 each\n(b)\nCertificate of registration\nRs. 5.00 each\n(c)\nBye-laws of a society\nRs. 15.00 each\n(d)\nAmendment of bye-laws of a society\nRe. 1.00 per folio\n(e)\nOrder of cancellation of the registration of a society\nRe. 1.00 per folio\n(f)\nAnnual balance sheet\nRe. 1.00 per folio\n(g)\nOrder of supersession of a committee under Section 53\nRe. 1.00 per folio\n(h)\nOrder referring a dispute to arbitration under Section 64\nRe. 1.00 per folio\n(i)\nAny other order against which an appeal is provided\nRe. 1.00 per folio:\nChapter IV\nDuties, Privileges, Property and Funds of Societies",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "22",
"title": "22. Address of societies.",
"chapter": null,
"content": "(i) it is indicated in the bye-laws by amending them and the amendment so made is registered under the Act; and\n(ii) the change is registered in the manner laid down in sub-rule (2).",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "23",
"title": "23. Registers of members and shares, and list of members.",
"chapter": null,
"content": "(a) the name, address and occupation of each member;\n(b) in the case of a society having share capital, the share held by each member;\n(c) the date on which each person was admitted as a member;\n(d) the date and number of resolution of the committee or general meetings, as the case may be, which admitted a person as member, if he is not one of the applicants for registration of the society;\n(e) the name of the nominee of a member;\n(f) the date on which the said nomination was made by a member;\n(g) the date on which any person ceased to be a member;\n[(h) the caste of a member if he belongs to a Scheduled Caste, Scheduled Tribe or Other Backward Classes.]\n(b) Every person who is disqualified under sub-section (7) of Section 48 or Section 50-A shall be informed of the fact of his being so disqualified before preparation of the list under clause (c). A list of non-borrowing members and defaulters for a period exceeding twelve months shall also be exhibited on the notice board of the society under the signature of the Manager/Secretary;\n(c) Every society shall prepare a list of members, including the members who are disqualified under sub-section (7) of Section 48 or Section 50-A as on the date preceding 45 days prior to the date of election of delegates or in which election of committee members is to take place, as the case may be. The list shall indicate the defaulter within the meaning of Section 50-A by assigning sign and word \"X-defaulter\" and in case of members belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes, the list shall indicate the respective category against their names. The list shall Chhattisgarh Co-operative Societies Rules, 1962 Rules 23 in case of a resource society, also indicate the non-borrowing members by assigning words \"non-borrowing\". The list so prepared shall be made available to the Returning Officer appointed by the Registrar atleast 33 days prior to the date fixed for the election of delegates or holding of annual general meeting/ special general meeting for the election of committee members. The list shall be published by the Returning Officer at least 30 days prior to the date of the election of delegates or annual general meeting/ special general meeting, as the case may be;\n(d) The list to be made available shall be published by exhibiting it at the office of the society, and on the notice boards of the Deputy Registrar/ Assistant Registrar of Co-operative Societies incharge of the District, and Financing Bank, and in case of a Society other than Financing Banks, Apex Institution of Society whose area of operation is for the whole district or beyond a district, Block Development Office and branch of the Financing Bank along with a notice-\n(i) inviting objection thereto by him or an Officer appointed by him in writing within 6 days from the date of notice;\n(ii) fixing date, time and place for hearing of such objection and claims,-\n- All the members of the society shall be informed by a notice under certificate of posting that such list has been displayed at the place mentioned above to enable them to file objections, if any;\n- Any person whose name is not entered in the list or is not properly entered or any person whose name is entered in the list and who objects to the inclusion of his name or name of any person in the list, may prefer a claim or object to the Returning Officer or person authorised by him in writing within 6 days from the publication of the list under this sub-clause;\n(e) Claim or objection shall be accompanied by documents on which the claimant or objector relies;\n(f) The Returning Officer or any, person authorised by him shall, after holding such summary enquiry, into the claims or objections as he thinks fit, record his decision in writing and shall dispose of all claims and objections within 9 days from the date of publications of the list under clause (d) of sub-rule (3);\n(g) No person shall be represented by any legal practitioner or counsel in any proceeding under this rule;\n(h) The Returning Officer shall indicate the defaulters within the meaning of Section 50-A of the Act who continue to be so on the date of finalisation of the list by assigning \"X-Defaulter\" sign against their names;\n(i) The decision of the Returning Officer or the person authorised under clause (f), as the case may be, shall be final and binding and the list so made available by society shall stand amended in accordance with such decision. The list so amended shall be published by exhibiting it at the office of the society under the seal and signature of the Returning Officer. The society shall prepare six copies of the list so amended and submit to the Returning Officer for his use at the polls;\n(j) The list so amended shall be final and a copy of the same duly certified shall be handed over by the Returning Officer or the person authorised by him to the society and Registrar:\n(k) On receipt of the final list under Clause (i) above, the Registrar, in case of a society falling under sub-section (3) of Section 48, fix-up the number of seats in the committee to be filled by the members belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes and women accordingly;\n(l) In the case of a society where the bye-laws provide for the constitution of its general body by the election of delegates, the Registrar shall reserve the seats for the delegates belonging to Schedule Castes, Scheduled Tribes and Other Backward Classes as per sub-section (3) of Section 48-B and also identify the groups from which the delegates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes and women shall be elected;\n(m) The reservations made in the above clauses shall be intimated to the Returning Officer within 3 days from the receipt of final list under clause (i) and if the society fails to do so, the Returning Officer himself shall reserve the number of seats in the general body and the groups from which such delegates will be elected.]\n[23A. Voting rights of individual members in federal society.\n[24. Manner of certifying copies.\n(a) by any two officers of the society as defined in clause (v) of Section 2; or\n(b) by the Registrar assuming charge of the society under sub-section (8) of Section 49; or\n(c) where an order has been passed under sub-section (1) of Section 53-\n(i) by the person appointed to manage the affairs of the society; and\n[(ii) where the persons are appointed to manage the affairs of the society by any two of the persons so appointed; or]\n(d) by the liquidator under the seal of the society where a liquidator has been appointed under Section 70.]\n[24A. Supply of statement of account to members.",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "25",
"title": "25. Restrictions on grant of loan.",
"chapter": null,
"content": "[25A. Intimation of loan etc. to be given to Tahsildar.",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "26",
"title": "26. Restrictions on borrowing from more than one society dispensing credit.",
"chapter": null,
"content": "[26A. Borrowing by a member on entire holding in a district.",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "27",
"title": "27. Fixation of credit limit of a member.",
"chapter": null,
"content": "[28. Writing off bad debts.\n(i) in the areas where Central Cooperative bank is declared as 'weak bank' by the Reserve Bank of India, the primary agricultural credit societies affiliated to the bank, as also such bank can write off the debt and losses on the certificate issued by the committee appointed by the State Government;\n(ii) in the areas other than those mentioned in clause (i) above, no such bad debt or losses shall, be written off without the sanction of the general body;\n(iii) before any such bad debt or losses are so written off, the society, if it is indebted to a financing bank, shall obtain the approval of such bank, in writing;\n(iv) before any such bad debts or losses are so written off, the society, shall, obtain the approval of the Registrar in writing who may while giving approval, impose such conditions as to restoration of part or whole of the amount written off against the reserve fund from out of future profits, as he may deem fit;]\n[(v) when a scheme of debt relief prepared by the State Government is implemented by a society, it may adjust its bad and doubtful reserve for writing off loans under the scheme.]",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "29",
"title": "29. Restrictions on transactions with non-members.",
"chapter": null,
"content": "(i) the bye-laws of the society permit it to enter into such transactions; and\n(ii) previous sanction of the Registrar has been obtained by the society.\n[30. Rate of contribution.\n(a) one and one half, per cent of the net profit where the net profit does not exceed fifteen lakh rupees; and\n(b) two per cent of the net profit, where the net profit exceeds fifteen lakh rupees] .",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "31",
"title": "31. Investment and use of funds other than reserve fund.",
"chapter": null,
"content": "(a) to immovable property purchased-\n(i) by a 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 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; or\n(b) to the purchase or lease of lands or purchase, construction or renewal of buildings by a society whose objects according to its bye-laws include such purchase, lease construction or renewal.\n(a) by a society from its building fund constituted out of profits; or\n(b) by a society, other than a credit society, in which the share capital raised from the members is intended to built up the special kind of business for which it has been registered.",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "32",
"title": "32. State aid to societies.",
"chapter": null,
"content": "(i) make share capital contribution to a society; or\n(ii) give loans or financial assistance or other to a society; or\n(iii) guarantee the payment of the principal of debentures issued by a society or interest thereon or both; or\n(iv) guarantee the payment of the principal of, and payment of interest on, loans and advances given by the Reserve Bank of India or the State Bank of India or any other authority constituted under any law for the time being in force; or\n(v) grant state aid in any other form to a society under Section 45, on the following terms and conditions, namely:-\n(a) When the State Government purchases shares in a society, it shall be entitled to dividend on the said shares as is declared by the society concerned and is payable to other members of that society;\n(b) A society receiving state aid shall not pay any dividend or distribute or take any profit in excess of such percentage rate upon the amount of the capital of the society as the State Government may, from time to time, fix;\n(c) A society receiving state aid shall, with the approval of the Registrar appoint a paid secretary or manager of the society;\n(d) A society receiving state aid shall be bound-\n(i) to comply with any general or special order of the State Government relative to the inspection of the society;\n(ii) to permit the inspection of all accounts relative to the society;\n(iii) to maintain such accounts and to furnish such statements and returns as the State Government or the Registrar may, from time to time, require; and\n(iv) to comply with any order or condition issued or imposed by the State Government as may in its opinion be necessary or expedient to safeguard its interest.\n(i) the State Government if so directed by the State Government, or\n(ii) the Registrar in other cases.]\n(i) that the balance of any loan outstanding shall be recoverable forthwith;\n(ii) that the guarantee given shall cease from the date of such order;\n(iii) that the full value of any other state aid given and enjoyed till the date of the order shall be payable forthwith and the grant of such state aid beyond such date shall be discontinued.",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "33",
"title": "33. Employee's Provident Fund.",
"chapter": null,
"content": "(a) authority administering the contributory Provident Fund;\n(b) category of employees entitled to contribute to the Provident Fund;\n(c) amount of contribution to be deducted from the employee's salary;\n(d) the rate of contribution to be made by the society;\n(e) mode of nomination for payment of the amount of the contributory Provident Fund in case of employee's death;\n(f) mode of investment of the contributory Provident Fund and payment of interest thereon;\n(g) the purpose for which and the extent to which advances may be made against the security of the contributory Provident Fund and the period after which this could be done and number of monthly instalments in which it is to be recouped;\n(h) refund of employee's contribution and contribution made by the society;\n(i) maintenance of accounts in respect of Contributory Provident Fund, withdrawals and such other matters as may be necessary in such form as may be specified by the Registrar;\n(j) the authority to which disputes, if any, between employees and the society shall be referred .\nChapter V\nManagement of Societies",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "34",
"title": "34. General Meetings.",
"chapter": null,
"content": "[(a)(i) registered post in case of a society whose head-quarter is situated in urban area;\n(ii) ordinary post under certificate of posting or by hand delivery if number of members of the society is less than 250; or]\n(b) ordinary post under certificate of posting if number of members of society exceeds 250, in which case notice shall also be published in a local Hindi newspaper in circulation in the area of the society ;]",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "35",
"title": "35. Special general meeting called by the Registrar, or any person authorised by him.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "36",
"title": "36. President of general meeting.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "37",
"title": "37. Quorum for general meeting.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "38",
"title": "38. Minutes of general meeting.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "39",
"title": "39. Voting in general meeting.",
"chapter": null,
"content": "(b) Unless otherwise required by the Act, rules or bye-laws of a society, voting shall be by show of hands unless a poll is demanded by at least ten members present at the meeting;\n(c) If no poll is demanded, a declaration by the President that a resolution has been carried or lost and an entry to that effect in the minutes of the proceedings shall be conclusive proof of the fact that such resolution has been duly carried or lost but it shall not be proof of the number or proportion of the votes recorded in favour or against such resolution.]",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "40",
"title": "40. Election of members of committee by general body.",
"chapter": null,
"content": "(a) by all the members of the SOciety; or\n(b) by only that particular group of members of the society to which such representatives belong.\n41. [Procedure for election of members of the committee [***] .\n(b) such election shall take place after all other matters, included in the agenda, have been considered.]\n(a) the number of members to be elected;\n(a-1) [***]\n(b) the last date for making nominations, which shall not be later than seven days before the date fixed for holding the said meeting, the hours between which, the place at which and the person to whom nomination papers shall be presented;\n[(c) The date on which, the place at which and hours between which scrutiny of nomination papers shall be made and the date and place of polling, if necessary;]\n(d) the last date for the withdrawal of candidatures;\n[(d-1) the date for co-option against vacant seats of committee members, [***] if any;]\n[(e) the date for election of Chairman/President, Vice Chairman/Vice-President and representatives to be sent to other societies and such other officers as specified in bye-laws.]\n(b) It shall be open to the persons filling the nomination paper to be present at the time of scrutiny;\n(c) The Returning Officer shall not reject any nomination paper on the ground of any defect which is not of a material character nor shall it be rejected on the ground of any irregularity in respect of a nomination form, if the candidate has been duly nominated by means of another nomination form, in respect of which no irregularity has been committed;\n(d) The Returning Officer shall for reasons to be recorded in writing, reject a nomination paper only On the following grounds-\n(i) if the nomination paper is not in accordance with the preceding sub-rules;\n(ii) if the candidate is disqualified to be elected or proposer/seconder is disqualified to vote by or under the Act, rules or bye-laws of the society.]\n[(e) The Returning Officer shall prepare a list of valid nominations. If in the list more than one nomination papers are found valid for one post, then first valid nomination of the candidate shall be accepted and he will sign the list in token of its correctness and shall publish and affix on the notice board of the society.]\n[(b) The list referred to in clause (a) shall contain the names of contesting candidates in alphabetical order in Hindi alongwith their addresses as given in nomination papers;]\n(c) The list of contesting candidates referred to in clause (a) shall contain the particulars set out in Form-I and shall be prepared in Hindi in Dev Nagari Script;\n(d) The alphabetical order referred in clause (b) shall be determined with reference to surname of the candidates having surnames and to the names proper in the case of other candidates;\n(e) Where a poll becomes necessary, the Returning Officer shall assign to each candidate [a symbol in serial order as listed below and the symbol shall be printed on the ballot paper] -\n(1) Flower (2) Bullock (3) Sword (4) Two leaves (5) Scales (6) [Box] (7) Lion [(8) Bullock cart (9) Chair (10) Hut]\n(2) Bullock (3) Sword (4) Two leaves (5) Scales (6) [Box] (7) Lion [(8) Bullock cart (9) Chair (10) Hut]\n(3) Sword\n(4) Two leaves (5) Scales (6) [Box] (7) Lion [(8) Bullock cart (9) Chair (10) Hut]\n(5) Scales (6) [Box] (7) Lion [(8) Bullock cart (9) Chair (10) Hut]\n(6) [Box]\n(7) Lion [(8) Bullock cart (9) Chair (10) Hut]\n[(8) Bullock cart\n(9) Chair\n(10) Hut]\n[(11) Bird] [(12) Match Box] (13) Tree (14) Book [(15) Television] (16) Fish (17) Buffalow (18) Deer (19) Bear (20) Well (21) Pump (22) Telephone (23) Motor (24) Cycle (25) Aeroplane (26) Engine (27) Boat (28) Fountain pen (29) Wall Clock (30) Ring. (f) If the list of the symbols in clause (e) is exhausted, the Returning Officer may in his discretion allot to the candidate concerned any symbol other than those specified in the list: Provided that no symbol allotted to any political party of the State by the Election Commissioner shall be allotted to any candidate; [(g) The symbols allotted to the contesting candidates of any group shall be printed on the ballot papers, meant for the group. The ballot paper shall show only the name of office for which the vote is being cast [the names] and the symbols of contesting candidates in the group in the same serial order as displayed in Form I by the Returning Officer on the notice board of the Society under clause (j) of sub-rule (14) of Rule 41; (h) The list of names of the contesting candidates for any group and the symbols allotted to each of them in the same serial order as mentioned in clause (g) of Rule 14 shall be displayed before the ballot box kept for casting of votes of the group concerned. Such list shall also be displayed on the gate of the Polling Booth and a copy thereof shall be given to each of the contesting candidates;] (i) The allotment of any symbol by the Returning Officer to a candidate shall be final; (j) The Returning Officer shall immediately after preparation of the list of contesting candidates cause to be displayed a copy thereof on the notice board of the society and shall also supply a copy thereof each of the contesting candidates.] (15) If the general meeting is adjourned for want of quorum, the list of duly nominated candidates shall hold good for the poll to be held in the adjourned general meeting. (16) The Returning Officer shall appoint as many polling officers to conduct the poll and as many tellers to count the votes as may be necessary. (17) A register shall be kept at the place of the meeting and every member that attends the meeting shall sign in such register before he enters the place of the meeting. [(18) The Polling Officer shall issue to each voter a ballot affixing the seal of the society and putting his initials on the right hand side of it after marking a mark by indelible ink on the lip of the forefinger 3 of the voter. (19) Canvassing or soliciting votes during the conduct of elections shall be strictly prohibited within the periphery of one hundred [metres] of the place where the poll is being held.] [(20) The Returning Officer shall show the empty ballot boxes to the candidates, if any present, close and seal them leaving open the slit for insertion of ballot papers. Voting shall be by ballot and voters shall make a mark 'X' on or against the symbols of candidates whom he wishes to elect, fold the ballot papers and deposit it in the ballot box. In the case of physically disabled who requires help, the Returning Officer shall help in marking marks on the symbols of the candidates according to the desire of such voter. (21) The Returning Officer shall before taking the poll fix the hours which shall not be less than two hours during which the poll will be taken, make announcement to the effect in the general meeting and on the expiry of the hours so fixed he shall close the poll. Those voters, who though present at the place have not been able to vote for want of time, shall be given reasonable opportunity to obtain ballot papers and vote even though the time fixed for the poll has expired. After the closure of the poll, the slit of the ballot boxes shall be closed and sealed and delivered to the tellers. An account of used and un-used ballot papers shall be prepared and counter foils of used ballot papers, un-used ballot papers and marked copy of voter list shall be put in an envelope and sealed kept in the box referred to in sub-rule (24).] (22) Tellers shall arrange all ballot papers- (a) They shall reject a ballot paper after obtaining the approval of the Returning Officer- (i) if it bears signature to identify the voter; (ii) if it does not bear the seal of the society or the initials of Polling Officer; (iii) if it contains no mark indicating a vote; (iv) if it contains more marks than the number of seats to be filled. (b) A mark made in a ballot paper in such a manner that it is ambiguous to which candidate the vote is given shall be rejected; Provided that other correctly made marks, if any, on such ballot paper shall be counted.\n[(12) Match Box]\n(13) Tree (14) Book [(15) Television] (16) Fish (17) Buffalow (18) Deer (19) Bear (20) Well (21) Pump (22) Telephone (23) Motor (24) Cycle (25) Aeroplane (26) Engine (27) Boat (28) Fountain pen (29) Wall Clock (30) Ring. (f) If the list of the symbols in clause (e) is exhausted, the Returning Officer may in his discretion allot to the candidate concerned any symbol other than those specified in the list: Provided that no symbol allotted to any political party of the State by the Election Commissioner shall be allotted to any candidate; [(g) The symbols allotted to the contesting candidates of any group shall be printed on the ballot papers, meant for the group. The ballot paper shall show only the name of office for which the vote is being cast [the names] and the symbols of contesting candidates in the group in the same serial order as displayed in Form I by the Returning Officer on the notice board of the Society under clause (j) of sub-rule (14) of Rule 41; (h) The list of names of the contesting candidates for any group and the symbols allotted to each of them in the same serial order as mentioned in clause (g) of Rule 14 shall be displayed before the ballot box kept for casting of votes of the group concerned. Such list shall also be displayed on the gate of the Polling Booth and a copy thereof shall be given to each of the contesting candidates;] (i) The allotment of any symbol by the Returning Officer to a candidate shall be final; (j) The Returning Officer shall immediately after preparation of the list of contesting candidates cause to be displayed a copy thereof on the notice board of the society and shall also supply a copy thereof each of the contesting candidates.] (15) If the general meeting is adjourned for want of quorum, the list of duly nominated candidates shall hold good for the poll to be held in the adjourned general meeting. (16) The Returning Officer shall appoint as many polling officers to conduct the poll and as many tellers to count the votes as may be necessary. (17) A register shall be kept at the place of the meeting and every member that attends the meeting shall sign in such register before he enters the place of the meeting. [(18) The Polling Officer shall issue to each voter a ballot affixing the seal of the society and putting his initials on the right hand side of it after marking a mark by indelible ink on the lip of the forefinger 3 of the voter. (19) Canvassing or soliciting votes during the conduct of elections shall be strictly prohibited within the periphery of one hundred [metres] of the place where the poll is being held.] [(20) The Returning Officer shall show the empty ballot boxes to the candidates, if any present, close and seal them leaving open the slit for insertion of ballot papers. Voting shall be by ballot and voters shall make a mark 'X' on or against the symbols of candidates whom he wishes to elect, fold the ballot papers and deposit it in the ballot box. In the case of physically disabled who requires help, the Returning Officer shall help in marking marks on the symbols of the candidates according to the desire of such voter. (21) The Returning Officer shall before taking the poll fix the hours which shall not be less than two hours during which the poll will be taken, make announcement to the effect in the general meeting and on the expiry of the hours so fixed he shall close the poll. Those voters, who though present at the place have not been able to vote for want of time, shall be given reasonable opportunity to obtain ballot papers and vote even though the time fixed for the poll has expired. After the closure of the poll, the slit of the ballot boxes shall be closed and sealed and delivered to the tellers. An account of used and un-used ballot papers shall be prepared and counter foils of used ballot papers, un-used ballot papers and marked copy of voter list shall be put in an envelope and sealed kept in the box referred to in sub-rule (24).] (22) Tellers shall arrange all ballot papers-\n(14) Book\n[(15) Television]\n(16) Fish (17) Buffalow (18) Deer (19) Bear (20) Well (21) Pump (22) Telephone (23) Motor (24) Cycle (25) Aeroplane (26) Engine (27) Boat (28) Fountain pen (29) Wall Clock (30) Ring. (f) If the list of the symbols in clause (e) is exhausted, the Returning Officer may in his discretion allot to the candidate concerned any symbol other than those specified in the list: Provided that no symbol allotted to any political party of the State by the Election Commissioner shall be allotted to any candidate; [(g) The symbols allotted to the contesting candidates of any group shall be printed on the ballot papers, meant for the group. The ballot paper shall show only the name of office for which the vote is being cast [the names] and the symbols of contesting candidates in the group in the same serial order as displayed in Form I by the Returning Officer on the notice board of the Society under clause (j) of sub-rule (14) of Rule 41; (h) The list of names of the contesting candidates for any group and the symbols allotted to each of them in the same serial order as mentioned in clause (g) of Rule 14 shall be displayed before the ballot box kept for casting of votes of the group concerned. Such list shall also be displayed on the gate of the Polling Booth and a copy thereof shall be given to each of the contesting candidates;] (i) The allotment of any symbol by the Returning Officer to a candidate shall be final; (j) The Returning Officer shall immediately after preparation of the list of contesting candidates cause to be displayed a copy thereof on the notice board of the society and shall also supply a copy thereof each of the contesting candidates.] (15) If the general meeting is adjourned for want of quorum, the list of duly nominated candidates shall hold good for the poll to be held in the adjourned general meeting. (16) The Returning Officer shall appoint as many polling officers to conduct the poll and as many tellers to count the votes as may be necessary. (17) A register shall be kept at the place of the meeting and every member that attends the meeting shall sign in such register before he enters the place of the meeting. [(18) The Polling Officer shall issue to each voter a ballot affixing the seal of the society and putting his initials on the right hand side of it after marking a mark by indelible ink on the lip of the forefinger 3 of the voter. (19) Canvassing or soliciting votes during the conduct of elections shall be strictly prohibited within the periphery of one hundred [metres] of the place where the poll is being held.] [(20) The Returning Officer shall show the empty ballot boxes to the candidates, if any present, close and seal them leaving open the slit for insertion of ballot papers. Voting shall be by ballot and voters shall make a mark 'X' on or against the symbols of candidates whom he wishes to elect, fold the ballot papers and deposit it in the ballot box. In the case of physically disabled who requires help, the Returning Officer shall help in marking marks on the symbols of the candidates according to the desire of such voter. (21) The Returning Officer shall before taking the poll fix the hours which shall not be less than two hours during which the poll will be taken, make announcement to the effect in the general meeting and on the expiry of the hours so fixed he shall close the poll. Those voters, who though present at the place have not been able to vote for want of time, shall be given reasonable opportunity to obtain ballot papers and vote even though the time fixed for the poll has expired. After the closure of the poll, the slit of the ballot boxes shall be closed and sealed and delivered to the tellers. An account of used and un-used ballot papers shall be prepared and counter foils of used ballot papers, un-used ballot papers and marked copy of voter list shall be put in an envelope and sealed kept in the box referred to in sub-rule (24).]\n(17) Buffalow\n(18) Deer (19) Bear (20) Well (21) Pump (22) Telephone (23) Motor (24) Cycle (25) Aeroplane (26) Engine (27) Boat (28) Fountain pen (29) Wall Clock (30) Ring. (f) If the list of the symbols in clause (e) is exhausted, the Returning Officer may in his discretion allot to the candidate concerned any symbol other than those specified in the list: Provided that no symbol allotted to any political party of the State by the Election Commissioner shall be allotted to any candidate; [(g) The symbols allotted to the contesting candidates of any group shall be printed on the ballot papers, meant for the group. The ballot paper shall show only the name of office for which the vote is being cast [the names] and the symbols of contesting candidates in the group in the same serial order as displayed in Form I by the Returning Officer on the notice board of the Society under clause (j) of sub-rule (14) of Rule 41; (h) The list of names of the contesting candidates for any group and the symbols allotted to each of them in the same serial order as mentioned in clause (g) of Rule 14 shall be displayed before the ballot box kept for casting of votes of the group concerned. Such list shall also be displayed on the gate of the Polling Booth and a copy thereof shall be given to each of the contesting candidates;] (i) The allotment of any symbol by the Returning Officer to a candidate shall be final; (j) The Returning Officer shall immediately after preparation of the list of contesting candidates cause to be displayed a copy thereof on the notice board of the society and shall also supply a copy thereof each of the contesting candidates.] (15) If the general meeting is adjourned for want of quorum, the list of duly nominated candidates shall hold good for the poll to be held in the adjourned general meeting. (16) The Returning Officer shall appoint as many polling officers to conduct the poll and as many tellers to count the votes as may be necessary. (17) A register shall be kept at the place of the meeting and every member that attends the meeting shall sign in such register before he enters the place of the meeting. [(18) The Polling Officer shall issue to each voter a ballot affixing the seal of the society and putting his initials on the right hand side of it after marking a mark by indelible ink on the lip of the forefinger 3 of the voter. (19) Canvassing or soliciting votes during the conduct of elections shall be strictly prohibited within the periphery of one hundred [metres] of the place where the poll is being held.] [(20) The Returning Officer shall show the empty ballot boxes to the candidates, if any present, close and seal them leaving open the slit for insertion of ballot papers. Voting shall be by ballot and voters shall make a mark 'X' on or against the symbols of candidates whom he wishes to elect, fold the ballot papers and deposit it in the ballot box. In the case of physically disabled who requires help, the Returning Officer shall help in marking marks on the symbols of the candidates according to the desire of such voter.\n(19) Bear\n(20) Well (21) Pump (22) Telephone (23) Motor (24) Cycle (25) Aeroplane (26) Engine (27) Boat (28) Fountain pen (29) Wall Clock (30) Ring. (f) If the list of the symbols in clause (e) is exhausted, the Returning Officer may in his discretion allot to the candidate concerned any symbol other than those specified in the list: Provided that no symbol allotted to any political party of the State by the Election Commissioner shall be allotted to any candidate; [(g) The symbols allotted to the contesting candidates of any group shall be printed on the ballot papers, meant for the group. The ballot paper shall show only the name of office for which the vote is being cast [the names] and the symbols of contesting candidates in the group in the same serial order as displayed in Form I by the Returning Officer on the notice board of the Society under clause (j) of sub-rule (14) of Rule 41; (h) The list of names of the contesting candidates for any group and the symbols allotted to each of them in the same serial order as mentioned in clause (g) of Rule 14 shall be displayed before the ballot box kept for casting of votes of the group concerned. Such list shall also be displayed on the gate of the Polling Booth and a copy thereof shall be given to each of the contesting candidates;] (i) The allotment of any symbol by the Returning Officer to a candidate shall be final; (j) The Returning Officer shall immediately after preparation of the list of contesting candidates cause to be displayed a copy thereof on the notice board of the society and shall also supply a copy thereof each of the contesting candidates.] (15) If the general meeting is adjourned for want of quorum, the list of duly nominated candidates shall hold good for the poll to be held in the adjourned general meeting. (16) The Returning Officer shall appoint as many polling officers to conduct the poll and as many tellers to count the votes as may be necessary. (17) A register shall be kept at the place of the meeting and every member that attends the meeting shall sign in such register before he enters the place of the meeting. [(18) The Polling Officer shall issue to each voter a ballot affixing the seal of the society and putting his initials on the right hand side of it after marking a mark by indelible ink on the lip of the forefinger 3 of the voter. (19) Canvassing or soliciting votes during the conduct of elections shall be strictly prohibited within the periphery of one hundred [metres] of the place where the poll is being held.]\n(21) Pump (22) Telephone (23) Motor (24) Cycle (25) Aeroplane (26) Engine (27) Boat (28) Fountain pen (29) Wall Clock (30) Ring. (f) If the list of the symbols in clause (e) is exhausted, the Returning Officer may in his discretion allot to the candidate concerned any symbol other than those specified in the list: Provided that no symbol allotted to any political party of the State by the Election Commissioner shall be allotted to any candidate; [(g) The symbols allotted to the contesting candidates of any group shall be printed on the ballot papers, meant for the group. The ballot paper shall show only the name of office for which the vote is being cast [the names] and the symbols of contesting candidates in the group in the same serial order as displayed in Form I by the Returning Officer on the notice board of the Society under clause (j) of sub-rule (14) of Rule 41; (h) The list of names of the contesting candidates for any group and the symbols allotted to each of them in the same serial order as mentioned in clause (g) of Rule 14 shall be displayed before the ballot box kept for casting of votes of the group concerned. Such list shall also be displayed on the gate of the Polling Booth and a copy thereof shall be given to each of the contesting candidates;] (i) The allotment of any symbol by the Returning Officer to a candidate shall be final; (j) The Returning Officer shall immediately after preparation of the list of contesting candidates cause to be displayed a copy thereof on the notice board of the society and shall also supply a copy thereof each of the contesting candidates.] (15) If the general meeting is adjourned for want of quorum, the list of duly nominated candidates shall hold good for the poll to be held in the adjourned general meeting. (16) The Returning Officer shall appoint as many polling officers to conduct the poll and as many tellers to count the votes as may be necessary. (17) A register shall be kept at the place of the meeting and every member that attends the meeting shall sign in such register before he enters the place of the meeting. [(18) The Polling Officer shall issue to each voter a ballot affixing the seal of the society and putting his initials on the right hand side of it after marking a mark by indelible ink on the lip of the forefinger 3 of the voter.\n(22) Telephone (23) Motor (24) Cycle (25) Aeroplane (26) Engine (27) Boat (28) Fountain pen (29) Wall Clock (30) Ring. (f) If the list of the symbols in clause (e) is exhausted, the Returning Officer may in his discretion allot to the candidate concerned any symbol other than those specified in the list: Provided that no symbol allotted to any political party of the State by the Election Commissioner shall be allotted to any candidate; [(g) The symbols allotted to the contesting candidates of any group shall be printed on the ballot papers, meant for the group. The ballot paper shall show only the name of office for which the vote is being cast [the names] and the symbols of contesting candidates in the group in the same serial order as displayed in Form I by the Returning Officer on the notice board of the Society under clause (j) of sub-rule (14) of Rule 41; (h) The list of names of the contesting candidates for any group and the symbols allotted to each of them in the same serial order as mentioned in clause (g) of Rule 14 shall be displayed before the ballot box kept for casting of votes of the group concerned. Such list shall also be displayed on the gate of the Polling Booth and a copy thereof shall be given to each of the contesting candidates;] (i) The allotment of any symbol by the Returning Officer to a candidate shall be final; (j) The Returning Officer shall immediately after preparation of the list of contesting candidates cause to be displayed a copy thereof on the notice board of the society and shall also supply a copy thereof each of the contesting candidates.] (15) If the general meeting is adjourned for want of quorum, the list of duly nominated candidates shall hold good for the poll to be held in the adjourned general meeting. (16) The Returning Officer shall appoint as many polling officers to conduct the poll and as many tellers to count the votes as may be necessary. (17) A register shall be kept at the place of the meeting and every member that attends the meeting shall sign in such register before he enters the place of the meeting.\n(23) Motor (24) Cycle (25) Aeroplane (26) Engine (27) Boat (28) Fountain pen (29) Wall Clock (30) Ring. (f) If the list of the symbols in clause (e) is exhausted, the Returning Officer may in his discretion allot to the candidate concerned any symbol other than those specified in the list: Provided that no symbol allotted to any political party of the State by the Election Commissioner shall be allotted to any candidate; [(g) The symbols allotted to the contesting candidates of any group shall be printed on the ballot papers, meant for the group. The ballot paper shall show only the name of office for which the vote is being cast [the names] and the symbols of contesting candidates in the group in the same serial order as displayed in Form I by the Returning Officer on the notice board of the Society under clause (j) of sub-rule (14) of Rule 41; (h) The list of names of the contesting candidates for any group and the symbols allotted to each of them in the same serial order as mentioned in clause (g) of Rule 14 shall be displayed before the ballot box kept for casting of votes of the group concerned. Such list shall also be displayed on the gate of the Polling Booth and a copy thereof shall be given to each of the contesting candidates;] (i) The allotment of any symbol by the Returning Officer to a candidate shall be final; (j) The Returning Officer shall immediately after preparation of the list of contesting candidates cause to be displayed a copy thereof on the notice board of the society and shall also supply a copy thereof each of the contesting candidates.] (15) If the general meeting is adjourned for want of quorum, the list of duly nominated candidates shall hold good for the poll to be held in the adjourned general meeting. (16) The Returning Officer shall appoint as many polling officers to conduct the poll and as many tellers to count the votes as may be necessary.\n(24) Cycle (25) Aeroplane (26) Engine (27) Boat (28) Fountain pen (29) Wall Clock (30) Ring. (f) If the list of the symbols in clause (e) is exhausted, the Returning Officer may in his discretion allot to the candidate concerned any symbol other than those specified in the list: Provided that no symbol allotted to any political party of the State by the Election Commissioner shall be allotted to any candidate; [(g) The symbols allotted to the contesting candidates of any group shall be printed on the ballot papers, meant for the group. The ballot paper shall show only the name of office for which the vote is being cast [the names] and the symbols of contesting candidates in the group in the same serial order as displayed in Form I by the Returning Officer on the notice board of the Society under clause (j) of sub-rule (14) of Rule 41; (h) The list of names of the contesting candidates for any group and the symbols allotted to each of them in the same serial order as mentioned in clause (g) of Rule 14 shall be displayed before the ballot box kept for casting of votes of the group concerned. Such list shall also be displayed on the gate of the Polling Booth and a copy thereof shall be given to each of the contesting candidates;] (i) The allotment of any symbol by the Returning Officer to a candidate shall be final; (j) The Returning Officer shall immediately after preparation of the list of contesting candidates cause to be displayed a copy thereof on the notice board of the society and shall also supply a copy thereof each of the contesting candidates.] (15) If the general meeting is adjourned for want of quorum, the list of duly nominated candidates shall hold good for the poll to be held in the adjourned general meeting.\n(25) Aeroplane\n(26) Engine\n(27) Boat (28) Fountain pen (29) Wall Clock (30) Ring. (f) If the list of the symbols in clause (e) is exhausted, the Returning Officer may in his discretion allot to the candidate concerned any symbol other than those specified in the list: Provided that no symbol allotted to any political party of the State by the Election Commissioner shall be allotted to any candidate;\n(28) Fountain pen\n(29) Wall Clock\n(30) Ring.\n(f) If the list of the symbols in clause (e) is exhausted, the Returning Officer may in his discretion allot to the candidate concerned any symbol other than those specified in the list:\n[(g) The symbols allotted to the contesting candidates of any group shall be printed on the ballot papers, meant for the group. The ballot paper shall show only the name of office for which the vote is being cast [the names] and the symbols of contesting candidates in the group in the same serial order as displayed in Form I by the Returning Officer on the notice board of the Society under clause (j) of sub-rule (14) of Rule 41;\n(h) The list of names of the contesting candidates for any group and the symbols allotted to each of them in the same serial order as mentioned in clause (g) of Rule 14 shall be displayed before the ballot box kept for casting of votes of the group concerned. Such list shall also be displayed on the gate of the Polling Booth and a copy thereof shall be given to each of the contesting candidates;]\n(i) The allotment of any symbol by the Returning Officer to a candidate shall be final;\n(j) The Returning Officer shall immediately after preparation of the list of contesting candidates cause to be displayed a copy thereof on the notice board of the society and shall also supply a copy thereof each of the contesting candidates.]\n(a) They shall reject a ballot paper after obtaining the approval of the Returning Officer-\n(i) if it bears signature to identify the voter;\n(ii) if it does not bear the seal of the society or the initials of Polling Officer;\n(iii) if it contains no mark indicating a vote;\n(iv) if it contains more marks than the number of seats to be filled.\n(b) A mark made in a ballot paper in such a manner that it is ambiguous to which candidate the vote is given shall be rejected;\n(i) the number of valid votes given to each candidates; and\n(ii) the number of ballot papers declared to be invalid or rejected.\n(b) On the basis of the said return the candidates who have secured the largest number of votes shall be declared elected by the Returning Officer at the general meeting and their names published on the notice board of the society under his signature.\n(c) In case of equality of votes polled by two or more candidates, the lots shall be drawn in such manner as the returning officer may fix to determine the name or names of the successful candidate or candidates.]\n[(d) The names of the candidates elected orca-opted, as the case may be, under sub-rules (12) and (13) and a copy of the certified return prepared under clause (a) above, shall be submitted by the Returning Officer to the Registrar forthwith.]\n42.",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "43",
"title": "43. Appointment of committee.",
"chapter": null,
"content": "(b) Such meeting shall be presided over by the Returning Officer.]\n(a) the number of officers and the representatives to be elected;\n(b) the time for making nominations, the hours between which, the place at which, and the person to whom, nomination papers shall be presented;\n(c) the place at which and hours between which scrutiny of nomination papers shall be made and the time and place of polling, if necessary; (d) the time for withdrawal of candidatures; and (e) the time for election of President/ Chairman, Vice President/Vice-Chairman and representatives and such other officers as are specified in bye-laws; The meetings under sub-rule (4-A) shall be presided over by the Returning Officer.]\n(d) the time for withdrawal of candidatures; and\n(e) the time for election of President/ Chairman, Vice President/Vice-Chairman and representatives and such other officers as are specified in bye-laws;\n[43A. Removal of the Chairman, or office bearers of the committee.\n(a) is grossly negligent in discharge of his duties imposed on him by or under this Act or Rules made thereunder or Bye-laws of the Society or has by a fraudulent act caused financial loss to the society;\n(b) persistently makes default in payment of his dues to the society;\n(c) has been adversely remarked by a competent Court;\n(d) misuses the post held by him:\n43B.",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "44",
"title": "44. Disqualification for membership of committee.",
"chapter": null,
"content": "(a) is an applicant to be adjudicated or is an undischarged insolvent; or\n[(b) is sentenced for an offence not involving moral turpitude and a period of five years has not elapsed from the date of expiry of the sentence;] [or]\n(c) is or becomes of unsound mind; or\n(d) holds or accepts any office of profit in the society; or\n(e) carries on business of the kind carried on by the society; or\n(e-1) [***]\n[(f) has been disqualified under Section 49, 50 or 53 for the period mentioned in the order; or]\n[(g) has, at the time of nomination of his/her candidature, or subsequent to his/her election, his/her wife/husband/ father/mother/brother/sister/son/daughter as a paid employee of the society; or]\n(h) is or gets in default to the society or to any other society for a period exceeding twelve months in respect of any loan or loans taken by him; or\n[(i) has been a member of a society for less than forty five days immediately preceding the date of election; or]\n[(j) has been removed from the service of Central Government or a State Government or any Public Undertaking institution or any local self institution or any co-operative sOciety.]\n(k) [***]",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "45",
"title": "45. Disqualification for representation.",
"chapter": null,
"content": "(a) if he suffers from any of the disqualifications mentioned in Rule 44; or\n(b) if he ceases to be a member of the society which he represents; or\n(c) if elections fall due and the society, which he represents elects another representative; or\n(d) if the registration of the society which he represents is cancelled under Section [18 or 18-A]\n(e) if-\n[(i) the Registrar or an officer authorised by him assumes charge under sub-section (8) of Section 49 of the committee of the society which he represents; or\n(ii) the committee of the society which he represents is removed by the State Government under sub-section (1) of Section 52; or\n(iii) the committee of the society which he represents has been removed under subsection (1) of Section 53; or]\n(f) if the society is ordered to be wound up under Section 69.]",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "46",
"title": "46. Prohibition against being interested in contracts, etc.",
"chapter": null,
"content": "(a) in any contract made with or by the society; or\n(b) in any property sold or purchased by 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 employees of the society.",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "47",
"title": "47. Restrictions on persons appearing as legal practitioners.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "48",
"title": "48. Notice of meeting of the committee.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "49",
"title": "49. State Government nominees.",
"chapter": null,
"content": "[49A. Powers and duties of the Chief Executive Officer of State aided society.\n(a) subject to the over all control and general superintendence of the committee to have general control over the administration of the society;\n(b) to convene meetings of the committee and the general body in consultation with the President/Chairman;\n(c) to receive all money and securities on behalf of the society and make arrangement for proper maintenance and custody of cash balances and other properties of the society;\n(d) to endorse and transfer promissory notes, Government and other securities and endorse, sign and negotiate cheques and other negotiable instruments on behalf of the society;\n(e) to sign all bonds and agreements in favour of the Society;\n(f) to be responsible for the general conduct, supervision and management of the day-ta-day business and affairs of the society;\n(g) to sign all deposit receipts and operate the accounts of the society with banks;\n(h) to institute, conduct, defend, compound or abandon any suit or other legal proceedings by or against the society or otherwise concerning the affairs of the sOciety and also to compound and allow time for payment or satisfaction of any claims or demand by or against the society in accordance with the decisions of the committee;\n(i) to submit such information, reports and returns concerning the affairs of the society as may be required by the Registrar or the State Government;\n(j) subject to the provisions of bye-laws to determine the powers, duties and responsibilities of the employees of the society;\n(k) to communicate decisions and to issue suitable directions or orders in compliance of the decisions of the committee or any other competent authority, as the case may be;\n(l) to exercise such powers in respect of the employees of the society or the cadre employees as may be laid down in the service rules framed by the Registrar under Section 55 (1) or Section 54 (2) of the Act;\n(m) such powers and duties as are specified by or under the bye-laws of the society;\n(n) to delegate, subject to approval of Registrar, all or any of the powers and functions vested in him to any employee or employees of the society.]\n[49B. Procedure of appointment of Managing Director and Chief Executive Officer.\n(a)\nAgriculture Production Commissioner\nChairman\n(b)\nChairman of the concerned Apex Society\nMember\n(c)\nOne Director of concerned Apex Society to be nominated by the\n\t\t\t\tBoard of the Apex Society.\nMember\n(d)\nRegistrar, Co-operative Societies, Chhattisgarh\nMember Secretary.\nChapter VI\nAudit, Inquiry, Inspection and Supervision",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "50",
"title": "50. Procedure for conducting audit.",
"chapter": null,
"content": "(i) in the case of the balance sheet, of the state of society's affairs as at the end of the co-operative year upto which the accounts are made up and examined by him; and\n(ii) in the case of profit and loss account, of the profit or loss for the co-operative year.\n(i) whether the auditor has obtained all the information and explanations which to the best of his knowledge and belief were necessary for the purpose of his audit;\n(ii) whether in his opinion proper books of accounts, as required by the Act, these rules, the bye-laws of the society and the Registrar have been kept by the society so far as it appears from the examination of these books; and\n(iii) whether the balance sheet and profit and loss account examined by him are in agreement with the books or accounts and returns of the society.\n(i) all transactions which appear to be contrary to the provisions of the Act, these rules or the bye-laws of the society;\n(ii) all sums which ought to have been but have not been brought into account by the society;\n(iii) any material impropriety or irregularity in the expenditure or in the realisation of moneys due to the society;\n(iv) any money or property belonging to the society which appears to the auditor to be bad or doubtful debt; and\n(v) any other matters specified by the Registrar in this behalf.\n[50A. Levy of audit fees.\n[50B. Procedure for conducting the audit by qualified Chartered Accountant.\n(i) in the case of the balance-sheet, of the state of society's affairs, as at the end of the co-operative year upto which the accounts are made up and examined by him; and\n(ii) in the case of profit and loss account, of the profit or loss for the co-operative year.",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "51",
"title": "51. Publication of a balance sheet.",
"chapter": null,
"content": "Chapter VII\nDisputes and Arbitration",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "52",
"title": "52. Reference of a dispute.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "53",
"title": "53. Appointment of Registrar's nominee or board of nominees.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 43
},
{
"number": "54",
"title": "54. Levy of expenses for determining disputes.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "55",
"title": "55. Procedure for execution of decisions or awards.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "68",
"title": "56. Procedure for the custody of property attached under [***] Section 68.",
"chapter": null,
"content": "(b) The order shall be proclaimed at some place on, or adjacent to, such property by beat of drum and a copy of the order shall be fixed on a conspicuous part of the property, and where the property is land paying revenue to the State Government, also in the office of the Tahsildar within whose jurisdiction the property is situated.\nChapter VIII\nLiquidation",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "57",
"title": "57. Procedure to be adopted by liquidator.",
"chapter": null,
"content": "(a) The appointment of the liquidator shall be intimated in writing to the society.\n(b) The liquidator shall prepare an upto-date list of-\n(i) members;\n(ii) past members, with dates of their withdrawal, who are subject to liability under Section 29; and\n(iii) deceased members, with dates of their death, names of their legal heirs who represent their estate and who are subject to liability under Section 29.\n(c) The liquidator shall, as soon as the order of winding up of the society takes effect, publish by such means as he may think proper, a notice requiring all claims against the society the winding up of which has been ordered, to be submitted to him within two months of publication of the notice. All liabilities recorded in the account books of the society shall be deemed ipso-facto to have been duly submitted to him under this clause.\n(d) The liquidator shall, after settling the assets and liabilities of the society, as they stood on the date on which the order of winding up takes effect, proceed next to determine the contribution (including debts due) to be made by each of the members, past members, or by the estates or nominees, heirs or legal representatives of deceased members or by any officers or former officers, to the assets of the society under clause (b) and as costs of liquidation determined under clause (e) of sub-section (2) of Section 71. He may also make a subsidiary order regarding such contributions and costs and such order shall be enforceable in the same manner as the original order.\n(e) The liquidator shall submit to the Registrar such reports and returns in such form as the Registrar may specify showing the progress made in the liquidation of the society.\n(f) The liquidator may empower any person by general or special order in writing to make collections and grant valid receipts on his behalf.\n(g) All funds in the charge of the liquidator shall be deposited in a Co-operative Bank or in the Post Office Savings Bank or with such other bank as may be approved by the Registrar and shall stand in his name.\n(h) The Registrar shall fix the amount of remuneration, if any, to be paid to the liquidator. The remuneration shall be included in the cost of liquidation which shall be payable out of the assets of the society in priority to all other claims.\n(i) The liquidator may issue summons to persons whose attendance is required to give evidence or to produce documents. He shall record brief notes of the evidence of such persons.\n(j) If any liability cannot be discharged by the liquidator owing to the whereabouts of the claimants not being known or for any other cause, the amount covered by such undischarged liability may be deposited in a Co-operative Bank and shall be available for meeting the claims of the person or persons concerned.\n(k) The liquidator shall have power to call meetings of members of the society under liquidation.\n(l) At the conclusion of the liquidation, the liquidator shall call a general meeting of the members as they existed on the date of winding up of the society. The liquidator or any person authorised by him in writing in this behalf shall summarise the results of his proceedings in the meeting and report what sum, if any, remains in his possession after meeting all the liabilities of the society. If the bye-laws of the society do not describe the object to which the surplus assets, if any, have to be applied after liquidation, the liquidator shall proceed to take a vote of the members present to determine any object of public utility to which they have to be applied.\n(m) After the liquidation proceedings of the society have been closed, the liquidator shall submit a final report as laid down in sub-section (3) of Section 71, to the Registrar together with a copy of the proceedings of the general meeting, if any, referred to in clause (1) and shall subject to the provisions of the said subsection hand over all the records of the society to such person as the Registrar may direct.\n(n) The liquidator may, at any time, be removed by the Registrar and he shall on such removal be bound to be hand over all the property and documents relating to the society under liquidation to such person as the Registrar may direct.\n(o) The liquidator shall keep such books and accounts as may from time to time be required to be kept by the Registrar, who may at any time cause such books and accounts to be audited. The liquidator shall pay such fees for the audit as may be levied under the Act.",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "58",
"title": "58. Disposal of records of society whose registration is cancelled.",
"chapter": null,
"content": "[58A. Procedure to be adopted by Official Assignee.\n[Chapter IX]\nAppeals, Revisions and Review",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "59",
"title": "59. Procedure to be followed for presenting of appeals, revisions and review.",
"chapter": null,
"content": "(a) be either type-written or hand written in ink legibility;\n(b) specify the name and address of the appellant or applicant and also the name and address of the opponent, as the case may be;\n(c) state by whom the order, against which the appeal or application of review or revision is preferred, was made;\n(d) clearly state the grounds on which the appeal or application is made;\n(e) state precisely the relief which the appellant or applicant claims; and\n(f) give the date of the order against which the appeal or review or revision is preferred.\n[59A. Salary and other allowances, term and other conditions of service of the Chairman and Members of the Chhattisgarh State Cooperative Tribunal.\nSalary, Allowances, Pension and other perquisites payable to the Chairman and Member of the Tribunal in the case of retirement during the term of appointment in the Tribunal.\nPay, Allowances & Other perquisites.\n(ii) When the Chairman of the Tribunal, at the time of his appointment as such, is a District Judge, he shall be entitled to the same pay and allowances and other perks and facilities as are admissible to him as District & Sessions Judge (as a member of a Higher Judicial Service).\n(iii) A Departmental Member at the time of his appointment is an officer of Co-operative Department he shall be entitled to the same pay and allowances admissible to him as an officer of Cooperative Department.\n(iv) The non-official Member shall receive an honorarium of rupees 150 per day-\n(a) The officers and other employees of the Tribunal shall be entitled to draw pay and allowances at par with the State Government employees holding equivalent posts.\n(b) In all matters like age of retirement, pensions, pay and allowances, other benefits and entitlements and disciplinary matters, the officers and other employees of the Tribunal shall be governed by the State Government Rules as applicable to persons holding equivalent posts.\nTerm of Office.\nHeadquarters of the Chairperson and the Members.\nHours of work and holidays.\nLeave.\n(ii) The Chairman and Members shall be entitled to casual leave of thirteen days in a year.\n(iii) In the matter of other types of leave the Chairman and the Official Member shall be governed by the rules and practices applicable before such appointment.\nAuthority competent to grant leave.\nTravelling Allowances.\n(b) The Members shall be entitled to the travelling allowance, daily allowance and transportation of personal effects and other similar matters, at the scale and rates as admissible to Class I Officer of the State Government.\n(c) The other conditions of service of Officers and Staff Members of the Tribunal shall be governed by the rules applicable to the officers and servants of the State Government in the same cadre.\nLeave Travel Concession.\nFacility for Medical Treatment.\nFacility of accommodation.\n(b) The Chairman shall be entitled to the facility of official telephone at par with the head of the Departments of the Government and the Members shall be entitled to the same facility as was available to them before their appointment as Members.\nConveyance Facility.\n(ii) There shall be staff car also in the office of the Tribunal.\nProvident Fund.\nFinancial Powers.\nControl & Discipline.\n(a) In regard to Class IV, Class III and Class II employees the disciplinary authority shall be the Registrar of the Tribunal or such other Officer or Member as may be designated in this behalf by the Chairman.\n(b) In regard to Class I Officers the disciplinary authority shall be the Chairman or such Member as may be designated in this behalf by the Chairman.\n(c) Appeal shall lie to the Chairman against all orders which may be passed by the authority prescribed in Clause (a).\n(d) Appeal shall He to the State Government against any order passed by the Chairman.\n(e) The enquiry authority shall have power to issue notices to witnesses and to compel them to appear and give evidence or produce documents or both, as the case may be.\nMiscellaneous.",
"footnote": "",
"is_definition": false,
"sort_order": 49
},
{
"number": "60",
"title": "60. Procedure to be followed in disposing of appeals by the Registrar.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "61",
"title": "61. Appeal against rejection of an application for membership.",
"chapter": null,
"content": "Chapter X\nExecution of Decrees",
"footnote": "",
"is_definition": false,
"sort_order": 51
},
{
"number": "62",
"title": "62. Application for execution to Recovery Officer.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 52
},
{
"number": "63",
"title": "63. Procedure in execution.",
"chapter": null,
"content": "(i) movable property of the Judgement-debtor shall be first proceeded against, but shall not preclude the immovable property being proceeded against simultaneously in case of necessity;\n(ii) if there is no movable property, or if the sale proceeds of the movable property or properties attached and sold are insufficient to meet in full the demand of the decree-holder, the immovable property belonging to the Judgement-debtor may be proceeded against.",
"footnote": "",
"is_definition": false,
"sort_order": 53
},
{
"number": "64",
"title": "64. Attachment and sale of specific movable property including crops on land.",
"chapter": null,
"content": "(a) The Sale Officer shall, after giving previous notice to the decree-holder, proceed to the village where the Judgement-debtor resides, or the property to be attached is situated and served a demand notice upon the Judgement-debtor, if he is present. If the amount due together with the expenses be not at once paid, the Sale Officer shall make the attachment by seizure or otherwise and shall immediately deliver to the Judgement-debtor a list or inventory of the property attached and an intimation of the place and the day and hour at which the attached property will be brought to sale if the amounts due are not previously discharged. If the Judgement-debtor is absent, the Sale Officer shall serve the demand notice on some adult male member of his family, or on his authorised agent, or where such service cannot be effected, shall affix a copy of the demand notice on some conspicuous part of his residence. He shall then proceed to make the attachment and shall fix the list of property attached on the usual place of residence of the Judgement-debtor, endorsing thereon the place where the property may be lodged or kept and an intimation of the place, day and hour of sale.\n(b) After the attachment is made, the Sale Officer may arrange for the custody of the property attached, with the decree-holder or otherwise. 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 be made good by the decree-holder. If the attached property is live-stock, the decree-holder shall be responsible for providing the necessary fodder therefor. The Sale Officer may, at the instance of the Judgement-debtor or of any other person claiming an interest in such property, leave it in the village or place where it was attached, in the charge of such Judgement-debtor 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) No attachment shall be made after sunset and before sunrise.\n(d) The attachment made shall not be excessive, that is to say, the property attached shall be in value as nearly as possible proportionate in the sum due by the Judgement-debtor, together with interest and all expenses incidental to the attachment and sale.\n(e) If cropS or ungathered products of the land belonging to a Judgement-debtor 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 due season and stored in proper place until sold. In the latter case the expenses of reaping or gathering and storing such crops or products shall be defrayed by the owner upon his redeeming the property or from the proceeds of the sale in the even t of its being sold.\n(f) The Sale Officer shall not work the bullocks or cattle, or make use of the goods or movables attached and he shall provide the necessary fodder for the cattle or live-stock, the expenses attending which shall be defrayed by the owner upon his redeeming the property, or from the proceeds of the sale in the event of its being sold.\n(g) It shall be lawful for the Sale Officer to force upon any stable, cow-house, granary, godown, out-house or other building and he may also enter any dwelling house the outer door of which may be open and may break open the door of any room in such dwelling house for the purpose of attaching property belonging to a Judgement-debtor and lodged therein, provided always that it shall not be lawful for him to break open or enter apartment in such dwelling-house appropriated for the zanana or residence of women except as hereinafter provided.\n(h) Where the Sale Officer may have reason to suppose that the property of a Judgement-debtor is lodged within a dwelling-house, the outer door of which may be shut or within any apartment appropriated to women, which by custom or usage are considered private, the Sale Officer shall report the fact to the Officer-in-charge of the nearest police station. On such report the Officer-in-charge 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 or break open the door of any room within the house except the room appropriated by women. The Sale Officer may also, in the presence of the police officer after due notice given for the removal of women within a zanana 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 zanana apartments for the purpose of attaching the Judgement-debtor's property, if any, deposited therein, but such property, if found, shall be immediately removed from such apartments after which they shall be left free to the former occupants.\n(i) The Sale Officer shall cause proclamation of the time and place of the intended sale to be made by beat of drum in the village in which the Judgement-debtor resides and in such other place or places as the Sale Officer may consider necessary to give due publicity to the sale. No sale shall take place until after the expiration of the period of fifteen days from the date on which the sale notice has been served or affixed in the manner prescribed in clause (a) :\n(j) At the appointed time, the property shall be put for sale in one or more lots, as the Sale Officer may consider advisable, and shall be disposed of to the highest bidder:\n(k) The property sold shall be paid for in cash at the time of sale, or as soon thereafter as the officer holding the sale shall appoint, and the purchaser shall not be permitted to carry away any part of the property until he has paid for it in full. If the purchaser fails in the payment of 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 attached under these rules has been forcibly or clandestinely removed by any person, the Court may order forthwith such property to be restored to the Sale Officer.\n(m) Where prior to the day fixed for sale, the Judgement-debtor or any person acting on his behalf or any person claiming an interest in the property attached, pays the full amount due including interest, bhatta 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 exempted from attachment by the proviso to Section 60 of the Code of Civil Procedure, 1908, shall not be liable to attachment or sale under these rules.",
"footnote": "",
"is_definition": false,
"sort_order": 54
},
{
"number": "65",
"title": "65. Attachment of other movable property.",
"chapter": null,
"content": "(ii) Where the Registrar makes an order under clause (i) he shall, on the application of the decree-holder, who has attached the decree, proceed to execute the attached decree and apply the net proceeds in satisfaction of the decree sought to be executed.\n(iii) The holder of a decree sought to be executed by the attachment of another decree of the nature specified in clause (i), shall be deemed to be the representative of the holder of the attached decree and to be entitled to execute such attached decree in any manner for the holder thereof.\n(iv) Where the property to be attached in execution of a decree is a decree other than a decree of the nature referred to in clause (i), 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(v) The holder of a decree attached under this sub-rule, shall give the Recovery Officer executing the decree such information and aid as may reasonably be required.\n(vi) On the application of the holder of a decree sought to be executed by the attachment of another decree, the Recovery Officer making an order of attachment under this sub-rule shall give notice of such order to the Judgement-debtor bound by the decree attached; and no payment or adjustment of the attached decree made by the Judgement-debtor in contravention of such order after receipt of notice thereof, either through the said Recovery Officer or otherwise, sh all be recognised so long as the attachment remains in force.\n(a) a debt due to the Judgement- debtor is question;\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 Judgement-debtor, 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 a debt, the creditor from recovering the debt and the debtor from making payment thereof;\n(ii) in the case of a share or deposit, the person in whose name the share or the deposit may be standing, from transferring the share 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 Judgement-debtor.",
"footnote": "",
"is_definition": false,
"sort_order": 55
},
{
"number": "66",
"title": "66. Attachment and sale of immovable property.",
"chapter": null,
"content": "(a) The application presented under sub-rule (2) of Rule 62 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 Judgement-debtor's 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) of Rule 62 shall contain the name of the Judgement-debtor, the amount due, including the expenses, if any, and the bhatta to be paid to the person who shall serve the demand notice the time allowed for payment and in 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 Judgement-debtor 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 about to be attached and sold or sold without attachment, as the case may be:\n(c) If the Judgement-debtor 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 specified in the demand notice for execution in the following manner.\n(d) Where the attachment is required before sale, the Sale Officer shall, if possible, cause a notice of attachment to be served on the Judgement-debtor personally. Where personal service is not possible, the notice shall be affixed in some conspicuous part of the Judgement-debtor's last known residence, if any. The fact of attachment shall also be proclaimed by beat of drum or other customary mode of announcement at some place on 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 therein mentioned, 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 also be notified by public proclamation in a local newspaper, if any.\n(e) Proclamation of sale shall be published by affixing a notice in the office of the Recovery Officer, office of the Co operative Central Bank and in the Tahsil office at least thirty days before the date fixed for the sale. It shall also be published by beat of drum in the village. Such proclamation shall, where attachment is required before sale, be made after the attachment has been affected. Notice shall also be given to the decree-holder and the Judgement-debtor. The proclamation shall state the time and place of sale and specify as fairly 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 for the recovery of which the sale is ordered; and\n(iv) every other matter which the Sale Officer consider material for a purchaser to know in order to judge the nature and value of the property.\n(f) (i) 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 where the amount for the realisation of which the sale is held exceeds [Rs. 5,000] furnish to the Sale Officer within such times 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 seven years prior to the date of attachment of the property sought to be sold, or in cases falling under the proviso to the sub-rule (1) prior to the date of the application for execution. The time for production of the encumbrance 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:\n(ii) 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 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 25 percent of the price for which the immovable property is purchased in auction shall be paid by the purchaser to the Sale Officer at the time of the purchase, and in default of such deposit, the property shall forthwith be resold:\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:\n(i) In default of payment of the purchase money within the period mentioned in clause (h), the deposit may, if the Recovery Officer thinks fit, after defraying the expenses of the sale, be forfeited to the State Government 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 resale 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 in the manner and for the period hereinbefore prescribed for the sale.\n(k) Where a decree-holder purchases the property, the purchase money and the amount due on the decree shall be set off against one another, and the Sale Officer shall enter up satisfaction of the decree in whole or in part accordingly.\n(a) for payment to the purchaser a sum equal to five percent 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 costs due in respect of such amount, less amount which may, since the date of such proclamation, have 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 as it has been deposited with the five percent deposited by the applicant:\n(iii) If a person applies under sub-rule (5) to set aside the sale of immovable property, he shall not be entitled to make an application under this sub-rule.\n(ii) If the application be allowed, the Recovery Officer shall set aside the sale and may direct a fresh one.\n(ii) Whenever the sale of any immovable property is not so confirmed or is set aside, the deposit or the purchase money, as the case may be, shall be returned to the purchaser.\n[(iii) After the confirmation of any such sale, the Recovery Officer shall-\n(a) grant a certificate of sale 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 reason to doubt its genuineness;\n(b) Serve notice on the person or persons in possession of the immovable property mentioned in the certificate of sale, to deliver possession thereof to the purchaser within 15 days from the date of receipt of notice by him;]\n(iv) An order made under this sub-rule shall be final, and shall not be liable to be questioned in any suit or other legal proceedings.\n[66A. Attachment and lease of immovable property.\n(a) The application presented under sub-rule (2) of Rule 62 shall contain 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 of survey, the specification of such boundaries or numbers and the specifications of the judgement-debtor's share or interest is 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) of Rule 62 shall contain the name of the Judgement-debtor, the amount due, including the expenses, if any, and the Bhatta to be paid to the person who shall serve the demand notice, the time allowed for payment and in case of non-payment, the particulars of the properties to be attached and transferred or to be transferred 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 Judgement-debtor 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 about to be attached and transferred or transferred without attachment, as the case may be:\n(c) If the Judgement-debtor fails to pay the amount specified in the demand notice within the time allowed, the Sale Officer shall proceed to attach and transfer or transfer without attachment, as the case may be, the immovable property specified in the demand notice for execution in the following manner.\n(d) Where the attachment is required before transfer by lease, the Sale Officer shall, if possible, cause a notice of attachment to be served on the Judgement-debtor personally, where personal service is not possible, the notice shall be affixed in some conspicuous part of the Judgement-debtors last known residence, if any. The fact of attachment shall also be proclaimed by beat of drum or other customary mode of announcement at some place on 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 transfer by lease. The attachment notice shall setforth that, unless the amount due with interest and expenses be paid within the date therein mentioned, the property will be brought to transfer by lease. A copy shall be sent to the decree-holder. Where the Sale Officer so directs the attachment shall also be notified by public proclamation in a local news-paper, if any.\n(e) Proclamation of transfer by lease shall be published by affixing a notice in the office of the Recovery Officer, Office of the Co-operative Central Bank and in the Tahsil Office at least thirty days before the date fixed for the transfer by lease. It shall also be\"published by beat of drum in the village. Such proclamation shall, where attachment is required before transfer, be made after the attachment has been affected. Notice shall also be given to the decree-holder and the Judgement-debtor. The proclamation shall state the time and place of transfer by lease and specify as fairly and accurately as possible-\n(i) the property to be transferred by lease;\n(ii) any encumbrance to which the property is liable;\n(iii) the amount for the recovery of which the transfer is ordered; and\n(iv) every other matter, e.g., the period of lease, the terms and conditions of lease, penalty of Rs. 10/- per day per acre to be paid by the lessee in case he detains the land beyond the period for which the lease is granted, etc., which the Sale Officer considers material for a lease-holder to know in order to judge the nature and value of the property.\n(ii) At the end of the period specified in the proclamation, the land will revert to the Judgement-debtor for which the Recovery Officer will issue a certificate in prescribed form. The retention of the land beyond the period will result in penalty specified above.\n(iii) The terms and conditions for the said lease may include that the lessee pays entire dues of the Judgement-debtor to the satisfaction of the decree-holder in one instalment, the exact period of lease, prohibition of any permanent improvement on the land involved in the lease, no right to any compensation or return on the investment made on improvement of land, etc. These terms may be decided by the Registrar under Section 84 of the Chhattisgarh Co-operative Societies (Amendment) Act, 1970.\n(iv) This explanation should form part of the proclamation.\n(f) (i) Where any immovable property is transferred under these rules, the transfer shall be subject to the prior encumbrances on the property, if any. The decree-holder shall, where the amount for the realisation of which the transfer is held exceeds Rs. 5,000/- 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 one year prior to the date of attachment of the property sought to be transferred or in cases falling under the proviso to sub-rule (1) prior to the date of the application for execution. The time for production of the encumbrance certificate may be extended at the discretion of the Sale Officer or the Recovery Officer, as the case may be. The transfer shall be by public auction to the highest bidder:\n(ii) The auction for transfer by lease 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 auction for transfer by lease shall be fixed by the Recovery Officer and the place of auction shall be the village where the property to be transferred 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 33 per cent of the price for which the immovable property is leased out in auction shall be paid by the lessee to the Sale Officer at the time of the lease and in default of such deposit, the property shall forthwith be auctioned for leasing out against:\n(h) The remainder of the lease money and the amount required for the general stamp for the certificate of lease shall be paid within forty five days from the date of lease:\n(i) In default of payment of the tease money within the period mentioned in clause (h), the deposit may, if the Recovery Officer thinks fit after defraying the expenses of the lease be forfeited to the State Government and the defaulting lessee shall forfeit all claims to the property or to any part of the sum for which it may subsequently be leased out.\n(j) Every release 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 in the manner and for the period hereinbefore prescribed for the transfer by lease.\n(k) Where a decree-holder is the lessee of the property the lease money and the amount due on the decree shall be set-off against one another and the Sale Officer shall enter up to satisfaction of the decree in whole or in part accordingly.\n(a) for payment to the lessee a sum equal to five per cent of the lease money, and\n(b) for payment to the decree-holder, the amount of arrears specified in the proclamation of lease as that for the recovery of which the transfer by lease was ordered together with interest thereon and the expenses of attachment, if any, and transfer and other cost due in respect of such amount, less amount which may since the date of such proclamation, have been received by the decree-holder.\n(ii) If such deposit and application are made within thirty days from the date of auction for lease, the Recovery Officer, shall pass an order setting aside the transfer and shall repay to the lessee the lease money so far as it has been deposited with the five per cent deposited by the applicant:\n(iii) If a person applies under sub-rule (5) to set aside the transfer of immovable property, he shall not be entitled to make an application under this sub-rule.\n(ii) If the application be allowed, the Recovery Officer shall set aside the transfer and may direct a fresh one.\n(ii) Whenever the transfer by lease of any immovable property is not so confirmed or is set aside, the deposit or the lease money, as the case may be, shall be returned to the lessee.\n(iii) After the confirmation of any such transfer by lease, the Recovery Officer shall grant a certificate of lease bearing his seal and signature to the lessee, and the Judgement-debtor and such certificate shall state the property leased out. and the name of the lessee, the exact period of lease etc. It shall also state that on the expiry of this lease period, the property shall revert to the Judgement-debtor automatically. The certificate shall be conclusive evidence of the fact of the lease in all Courts and Tribunals where it may be necessary to prove 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 reason to doubt its genuineness.\n(iv) An order made under this sub-rule shall be final, and shall not be liable to be questioned in any suit or other legal proceedings.",
"footnote": "",
"is_definition": false,
"sort_order": 56
},
{
"number": "66B",
"title": "66B. No permanent right to leaseholder.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 57
},
{
"number": "66C",
"title": "66C. Procedure for reversion of the land to the Judgement-debtor.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 58
},
{
"number": "67",
"title": "67. Effect of attachment on private alienation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 59
},
{
"number": "68",
"title": "68. Bhatta, costs and receipts for payments made.",
"chapter": null,
"content": "[68A. Bhatta, costs and receipts for payments made for lease.",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "69",
"title": "69. Investigation of claims to property attached.",
"chapter": null,
"content": "[69A. Investigation of claims to property attached for transfer by lease.",
"footnote": "",
"is_definition": false,
"sort_order": 61
},
{
"number": "70",
"title": "70. Loss caused by resale due to default by purchaser at first sale.",
"chapter": null,
"content": "[70A. Loss caused by release due to default of losses at first transfer by lease.",
"footnote": "",
"is_definition": false,
"sort_order": 62
},
{
"number": "71",
"title": "71. Dismissal of application for execution for default of decree-holder.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 63
},
{
"number": "72",
"title": "72. Distribution of assets when there are claims under several decrees.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 64
},
{
"number": "73",
"title": "73. Death of Judgement-debtor-Execution against legal representative.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 65
},
{
"number": "74",
"title": "74. Fees for processes issued under these rules.",
"chapter": null,
"content": "Chapter XI\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 66
},
{
"number": "75",
"title": "75. Mode of service of summons.",
"chapter": null,
"content": "(a) by giving or tendering it in 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 tending 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 acknowledgment due; or\n[(d) if none of the means aforesaid is available, by affixing it in some conspicuous part of his last known place of abode or business, or at some place of public resort, in such place.]",
"footnote": "",
"is_definition": false,
"sort_order": 67
},
{
"number": "76",
"title": "76. Authentication of notice or process.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 68
},
{
"number": "77",
"title": "77. Communication of order, decision or award.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 69
},
{
"number": "78",
"title": "78. Repeal and savings.",
"chapter": null,
"content": "Schedule A\n[ See sub-rule (1) of Rule 50-A]\n(In Force From 8-10-1987)\nS.No.\nClass of Society\nType of Society\nBase of Audit Fee Levy\nRate of Audit Fee per hundred\nBranch audit Fee per branch Rs.\n(1)\n(2)\n(3)\n(4)\n(5)\n(6)\n1.\nConsumer Society\nCentral Apex\nTotal Sales 1. Non controlled commodities 2.\n\t\t\t\tControlled commodities. Do\n50 paise 30 paise Do\n150 500\n2.\nAgricultural Society\nCentral Apex\n(A) Working capital for credit business. (B)\n\t\t\t\tGross profit for non-credit business. Do\n20 paise Rs. 10 Do\n150 500\n3.\nHousing Society\nCentral Apex\nTotal turnover Do\n10 paise Do\n… 1000\n4.\nMarketing Society\nCentral Apex\nTotal Sales Do\n10 paise 5 paise\n250 500\n5.\nProducers Society\nCentral Apex Central Apex\n(A) Total turnover. All producers societies\n\t\t\t\tincluding weavers societies except Milk and Tilhan\n\t\t\t\tsocieties. Do (B) Total sales All Milk & Tilhan\n\t\t\t\tSocieties Do\n10 paise Do 30 Paise Do\n… 500 500 750\n6.\nProcessing Society\nCentral Apex\nOn value of Processed goods. Do\n10 paise Do\n… ...\n7.\nResource Society\nCentral Apex\nWorking Capital Do\n5 paise Do\n500 500\n8.\nGeneral Society\nCentral Apex Central Apex\n(A) Total expenditure. (1) Coop: Unions 2.\n\t\t\t\tAntyavasayi Do (B) Total turnover 1. Transport\n\t\t\t\tSocieties. Do\n10 paise Do 10 paise Do\n… 500 … 500\nNote. 1. Audit fee chargeable from a Society under this Schedule, shall in accordance with the classification made by the Registrar under Section 10 of the Chhattisgarh Co-operative Societies Act, 1960.\nNote.",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "2",
"title": "2. The Fee for auditing the Account of a Society under liquidation shall be charged at Rs. 2 percent on assets realised.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 71
},
{
"number": "3",
"title": "3. If a society doing Multipurpose type of business then audit fee shall be charged for various business as under:-",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 72
},
{
"number": "1",
"title": "1. For Consumer Business-As per the rates of consumer societies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 73
},
{
"number": "2",
"title": "2. For credit business-On total Loans advanced 20 paise per cent.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 74
},
{
"number": "3",
"title": "3. For non-credit Business-On gross profit Rs. 10 per cent.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 75
},
{
"number": "4",
"title": "4. If a society doing business on consignment/Agent basis, then additional audit fee shall be charged at Rs. 5 per cent on total commission earned from such business.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 76
},
{
"number": "5",
"title": "5. In any of the society, during the course of a processing unit is established, but not started Production: audit fee shall be charged at the rate of 10 paise percent on the total Construction/Establishment expenditure.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 77
},
{
"number": "6",
"title": "6. An additional audit fee shall be charged on the societies having processing unit at the rate of Rs. 500 per unit.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 78
},
{
"number": "7",
"title": "7. Regional/Divisional/Directorate/Branches/Sale Depots of any society will be treated as a separate Branch for the purpose of levy of audit fee.",
"chapter": null,
"content": "8. \"Working capital\" means the total of all items appearing on the liability side of the balance-sheet including accumulated and years' profit if any, as well as the amount of the difference of branch adjustment, as the case may be, but excluding contra items and the amount of accumulated loss.\n9. \"Turn-over\" would mean total receipt or disbursement of the year, whichever is higher, after excluding the deposits in and withdrawals from banks and also opening or closing cash balances, as the case may be.",
"footnote": "",
"is_definition": false,
"sort_order": 79
},
{
"number": "10",
"title": "10. The Central Co-operative Bank shall pay the audit fees for the audit of the society affiliated to it and it may reimburse the same from the society concerned.",
"chapter": null,
"content": "Schedule 'B'\n[ See sub-rule (1) of Rule 50-A]\nS. No.\nClassification of Society\nType of Society\nBase of levy of audit fees.\nRate of Audit fees per Rs. 100\nLimit of audit fees to be levied\nRate of Audit fees per Branch\nMini.\nMax.\n(1)\n(2)\n(3)\n(4)\n(5)\n(6)\n(7)\n(8)\nRs.\nRs.\nRs.\n1.\nConsumer-society\nPrimary\nTotal Sales\n(i) Co-operative Store Canteen & Mess.\n(a) Non-Controlled\n20 Ps.\n100\n5000\n50\n(ii) Primary Consumer Society whose area of operation is more\n than a Distt./ Division/ State.\n(b) Controlled/ Consignment Account. Do\n05 Ps. Do\n250\n10000\n150\n(iii) Rural Electric Society.\nTotal sales.\n20 Ps.\n150\n7500\n50\n2.\nFarming Society Joint Farming, Collective Farming, Tenant\n Farming, better Farming Irrigation and Crop Protection Society.\nPrimary\nWorking Capital\n15 Ps.\n25\n1500\n...\n3.\nHousing Society\nDo\nWorking Capital\n15 Ps.\n100\n2500\n...\n4.\nMarketing Society\nPrimary\nTotal Sales\n(i) Marketing Society\n(a) Non-Controlled articles. (b) Controlled Articles/\n Consignment Account.\n20 Ps. 05 Ps.\n100\n10000\n150\n(ii) Marketing & Processing Society.\nDo\nDo\n150\n15000\n150\n5.\nProducers' Society\nPrimary\nTotal Sales\n(i) Forest Labour, Labour Contract, Fisheries, Cattle breeding\n and poultry Farming Society\n(a) Non-Controlled (b) Controlled Articles/ Consignment\n Account.\n20 Ps. 05 Ps.\n25\n1500\n…\n(ii) Weavers' Society (Khadi, Handlooms and Powerlooms)\nDo\nDo\nDo\n2500\n…\n(iii) Milk Producer's Society\nDo\nDo\nDo\nDo\n…\n(iv) Oilseed (Tilhan) Producers Society.\nDo\nDo\nDo\nDo\n…\n6.\nProcessing Society\nPrimary\nTotal Sales\n(i) Processing Society (Agricultural produce)\n(a) Non-Controlled (b) Controlled/ Consignment Account.\n20 Ps. 05 Ps.\n150\n15000\n150\n(ii) Processing society (Non-Agricultural produce).\nDo\nDo\n100\n10000\n…\n(iii) Industrial society.\nDo\nDo\n25\n2500\n…\n7.\nResource Societies\nPrimary\nWorking Capital\n15 Ps.\n…\n…\n…\n(i) Agricultural Credit Society\nDo\nDo\n100\n5000\n100\n(ii) Non- Agricultural Credit Society.\nDo\nDo\n100\n10000\n150\n(iii) Nagrik Bank (Urban banks)\nDo\nDo\n250\n100000\n8.\nGeneral Society\nPrimary\nFixed Rate\n50\n50\n50\n...\n(i) Better Living Society\nDo\nDo\nDo\nDo\n...\n(ii) Labour Society\nDo\nDo\nDo\nDo\n...\n(iii) Educated Unemployed Co-operative Society.\nDo\nDo\nDo\nDo\n...\n(iv) Transport Society.\nTotal Sales (Gross Income from Services Rendered)\n20 Ps.\n25\n10000\n...\n(v) Agro-Aviation Society\nDo\nDo\nDo\n2500\n...\n(vi) Press/ Printers/ Publishers Society.\nDo\nDo\nDo\n2500\n...\nNote. - (1) Under this Schedule, the audit fees shall be levied on a society as per its classification, under Section 10 of the M.P. Co-operative Societies Act, 1960 (No. 17 of 1961) by the Registrar Co-operative Societies from time to time.\nNote.\n(2) Audit fees for auditing the accounts of a society under liquidation shall be recovered at the rate of two per cent on assets realised.\n(3)(A) A society classified as multi purpose society will be charged audit fee its trading activities as under:-\n(i) For credit business-On total loans advanced at the rate of 0.15 per cent.\n(ii) For non-credit business-On total sales at the rates prescribed under the head of \"Consumer Society\".\n(B) A society other than multipurpose society shall be charged audit fee at one of the following rates:-\n(i) For credit business-On total loans advanced at the rate of 0.15 per cent.\n(ii) For non-credit business-On total sales as per rates prescribed under the head of \"Consumer Society\".\nProvided that the audit fee shall be payable by a society other than multipurpose society for its principal business at the rates prescribed under the schedule.\n(4) If a society undertakes agency business, audit fees shall be charged at the rate of five per cent, on total commission earned on such business.\n(5) On establishment on a plant/construction of building etc., whether the society has commenced production/utilised it or not, on such cost of establishment/construction expenditure audit fees at the rate of 0.10 per cent, shall be levied.\n(6) A society engaged in processing of agricultural produce shall be charged audit fees at the rate of 0.10 per cent on the sales of processed goods in addition to audit fees to be charged under the head of consumer society on total sales.\n(7) A society having processing unit, shall be charged additional audit fee at the rate of Rs. 500 per unit.\n(8) Regional/Divisional/Directorate/Local branches/Sales Depots of any society, will be treated as a separate branch of the society for the purpose of levy of additional audit fees.\n(9) Audit fees shall be rounded off to the nearest Rupee.\n(10) The Central Co-operative Bank shall pay audit fees, for the audit of the society affiliated to it, and it shall be entitled to recover the same from the member society.\n(11) Working Capital means the total of all items of the liability side shown in the balance-sheet including accumulated and year's profit, if any, and the difference of branch adjustment, as the case may be, but excluding the contra items and accumulated losses.\n(12) The rates prescribed for audit fees under this Schedule shall be applicable for the audit of the accounts of co-operative year 1986-87 and onwards.\n[(13) The Chhattisgarh State Co-operative Oil Producers' Federation/Regional Oil Producers' Union and all Regional Milk Unions shall pay audit fee of the Primary Oil Producers' Societies and Primary Milk Producers' Societies affiliated to it, and it shall be entitled to recover the same from the member society.]",
"footnote": "",
"is_definition": false,
"sort_order": 80
}
],
"metadata": {
"Act ID": "cg090",
"Act Number": "",
"Enactment Date": "",
"Act Year": "1962",
"Short Title": "The Chhattisgarh Co-operative Societies Rules, 1962",
"Type": "STATE",
"Location": "Chhattisgarh"
},
"updated_at": "2026-09-29 21:55:19"
}