cooperatives latest
TRANSCRIPT
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GOVERNMENT OF ANDHRA PRADESH
COMMISSIONERATE OF INDUSTRIES:AP:HYDERABAD
Circular Memo No:17-6-2009-300-300-FD, Dated:28-02-2011
Sub: Registration of DISTRICT VISWABRAHMINS / KUMMARISHALIVAHANA / MEDARA COOPERATIVE UNION
LIMITED, _____________DISTRICT at District Level and
Primary Level Cooperative Societies - Instructions -
Issued.
Ref: 1.GO Ms No:83, Industries and Commerce (C&EP) Department,
Dated:01-03-2009.
2.GO Ms No:84, Industries and Commerce (C&EP) Department,
Dated:01-03-2009.
3.GO Ms No:85, Industries and Commerce (C&EP) Department,
Dated:01-03-2009.4.GO Ms No:84, Industries and Commerce (C&EP) Department,
Dated:03-08-2010.
5.Govt.Memo No:14398/MSME/A2/2010, Dated:06-10-2010 of the
Prl.Secretary to Government, Industries and Commerce
(MSME) Department.
6.Proceedings No:17-6-09-300-FD, Dated:10-11-2010 of the
Addl.Director of Industries(R)/Ex-Officio Registrar of
Industrial Cooperative Societies, AP, Hyd.
7.Proceedings No:17-6-09-300-FD, Dated:15-12-2010 of the
Addl.Director of Industries(R)/Ex-Officio Registrar of
Industrial Cooperative Societies, AP, Hyd.8.Proceedings No:17-6-09-300-FD, Dated:19-01-2011 of the
Addl.Director of Industries(R)/Ex-Officio Registrar of
Industrial Cooperative Societies, AP, Hyd.
*****
Government vide GO 1st cited issued orders for the establishment of AP
Medara Finance Corporation, AP State Shalivahana Cooperative Societies Federation Ltd
and AP State Viswabrahmins Cooperative Corporation Ltd respectively.
` Government vide GO 4th cited issued orders amending the GO 2nd cited
with the words Andhra Pradesh State Kummari Shalivahana Cooperative Society
Federation Ltd.
Government vide Memo 5th cited requested to take necessary action for the
registration of the above said Corporations/Federation as a Cooperative Society under
APCS Act 1964.
Cont..2..page
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::2::
Accordingly the above said three Corporations / Federation ie., AP State
Viswabrahmins Cooperative Societies Corporation Ltd, Hyd, AP State Kummari
Shalivahana Cooperative Societies Federation Ltd, Hyd and AP Medara Cooperative
Finance Corporation Ltd, Hyd has been registered vide reference 6th, 7th and 8th citedrespectively under APCS Act 1964.
Government also requested to register District Level and Primary Level
Cooperative Societies for effective functioning and in order to become eligible for
membership in the above said Corporations / Federation / District Cooperative Union
respectively.
Accordingly a draft Model Byelaws have been prepared keeping in view the
State Level Apex Corporations / Fedration Byelaws for registration of the each District
Cooperative Union at every District of the respective Corporations / Federation.
While enclosing the draft Model Byelaws, the General Managers, District Industries
Centres in the State / District Registrar of Industrial Cooperative Societies shall in the first
instance register a separate District Cooperative Union for each three communities such as
Viswabrahmins, Kummari Shalivahana and Medara District Cooperative Unions in order
to become eligible membership of the above State Level Corporations/Federation.
Subsequently, after registration of the District Cooperative Union, a Primary
Level Cooperative Societies of the respective communities may also be registered keeping
the draft Model Byelaws of the Primary Level Industrial Cooperative Societies with
necessary modifications as required from the District Cooperative Union Byelaws as per
the relevant provisions of the APCS Act and Rules 1964 wherever necesswary except
primary lelvel Bamboo Workers ICS which are already existing in their District so as to
become eligible for the membership of District Cooperative Union.
The draft Model Byelaws are also availabel at website
www.apindustries.gov.in
Receipt of this Circular Memo shall be acknowledge by return post.
Sd/-Ravi Madhusudhan Rao,
Addl.Director of Industries(R)/
Ex-Officio Registrar of Industrial Cooperative Societies
//ATTESTED//
Joint Director(MSME-II)
O/o the Commissioner of Industries
Cont..3..page
http://www.apindustries.gov.in/http://www.apindustries.gov.in/ -
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::3::
To
All the General Managers/
District Registrar of Industrial Cooperative Societies,
District Industries Centres in the State.
Copy submitted to :
The Principal Secretary to Government,
Indusstries & Commerce (MSME) Department for favour of information and necessaryguidance.
Copy to :
The Managing Director,
AP State Viswabrahmins Cooperative Societies Corporation Ltd., Hyd.
Stock File (2011).
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DISTRICT VISWABRAHMINS / KUMMARI SHALIVAHANA / MEDARACOOPERATIVE UNION LIMITED, _______________DISTRICT
Regd No: , Dated: .
BYE-LAWS
The District Viswabrahmins / Kummari Shalivahana / Medara Cooperative
Union Limited., ______________________District is registered as a Cooperative
Society under the AP Cooperative Societies Act 7 of 1964. Its address shall be
Office of the General Manager, District Industries Centre,
________________________District . Its area of operation shall extend to the
entire District of Andhra Pradesh.
1. DEFINITIONS:-
In these bye-laws unless the context otherwise requires:-(i) The Act means Andhra Pradesh Cooperative Societies Act,
1964(Act 7 of 1964).
(ii) District Cooperative Union Limited., _________________District
means the District Viswabrahmins / Kummari Shalivahana /
Medara Cooperative Union Limited.,
______________________District.
(iii) The Society means The Primary District Viswabrahmins /Kummari Shalivahana / Medara Cooperative Union Limited.,
______________________District belonging to their
respective Viswabrahmins / Kummari Shalivahana / Medara
Community.
iv) Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union
Limited., means means the District Viswabrahmins / Kummari
Shalivahana / Medara Cooperative Union Limited.,
______________________District.
(v) "Registrar" means the Registrar of Cooperative Societies, AP, Hyd
or any other Officer on whom all or any of the powers of the
Registrar of Cooperative Societies under the AP
Cooperative Societies Act 1964 are conferred.
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Cont.P..2
::2::
(v) General Manager means the General Manager appointed by the
Commissioner of Industries, AP, Hyd or Additional Registrar of
Cooperative Soceiteis ,AP.Hyderabad as per the provisions of the
Cooperative Law /Bye-Laws of the District Cooperative Union..
(vi) "Rules" means the APCS Rules framed under the APCS Act, 1964.
(vii) "Member" means the member of the District Viswabrahmins /
Kummari Shalivahana / Medara Cooperative Union Limited.,
_________District admitted as prescribed in theseByelaws.
(viii) Viswabrahmins / Kummari Shalivahana / Medara means a person
belonging to Viswabrahmins / Kummari Shalivahana / Medara
community who is engaged in their respective articles
and allied products and who comes under backward classes as
per the list approved by the State Government and is activity
pursuing Viswabrahmins / Kummari Shalivahana / Medara
profession for his living.
(ix) Managing Committee means the Managing Committee of theDistrict Viswabrahmins / Kummari Shalivahana / Medara
Cooperative Union Limited., ______________________District.(x) Government means Government of Andhra Pradesh.(xi) General Body means the General Body of the District
Viswabrahmins / Kummari Shalivahana / Medara CooperativeUnion Limited., ______________________District.
(xii) Chairman means Chairman of the District Viswabrahmins /Kummari Shalivahana / Medara Cooperative Union Limited.,
______________________District.(xiii) Commodities means raw material, implements, equipment,
required to facilitate value addition.(xiv) Director means elected member of the Managing Committee /
Official Nominee of the District Viswabrahmins / KummariShalivahana / Medara Cooperative Union Limited.,
______________________District.
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(xv) General Meeting means meeting of the general body of theDistrict Viswabrahmins / Kummari Shalivahana / Medara
Cooperative Union Limited., ______________________District.(xvi) Federation/Corporation means the respective Federation/Corporation
to which the Union is affiliated.
Contd..3.
:::3:::
3. OBJECTS:-
The objects of the District Viswabrahmins / Kummari Shalivahana / MedaraCooperative Union Limited., ______________________District shall be:-
i) To start encourage assist, and run their activities and allied
activities incidental thereto.
ii) To provide deserving Viswabrahmins / Kummari Shalivahana /
Medara person with gainful employment within homes through
organisation of Viswabrahmins / Kummari Shalivahana /
Medara Primary Cooperative Societies.
iii) To arrange for the supply of raw materials, tools and implements
required for their Industry.
iv) To arrange for the training of the employees of the Member Societies
with the assistance of other concerned agencies for their skill
up-gradation and make their products value added.
v) Providing of loan to Primary Viswabrahmins / Kummari Shalivahana /
Medara Cooperative Societies on the lines of loans being extended
to self help groups in the State under Indira Kranti Padam.
vi) To arrange for publicity and popularisation of the finished products
in cooperative fold by opening stores, shops, emporia,
exhibitions and the like.
vii) To provide marketing facilities for their products, provide medical
insurance coverage to the members of the primary
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Viswabrahmins / Kummari Shalivahana / Medara Cooperative
Socieies.
viii) To plan, promote and implement specific programme for the benefit
of Viswabrahmins / Kummari Shalivahana / Medara Community
for their all round development throughy the involvement of local
District Industries Centres in the State of Andhra
Pradesh.
Contd..4.
::4::
3. LIABILITY:-
The liability of the Members of the District Viswabrahmins / Kummari
Shalivahana / Medara Cooperative Union Limited.,
______________________District shall be limited to the extent of share capital
subscribed by them.
4. FUNDS:- The District Viswabrahmins / Kummari Shalivahana / Medara
Cooperative Union Limited., ______________________District shall ordinarily
obtain funds from all or any of the following sources:-
i) Share CapitalIi) Entrance fee and other feesiii) Deposits from Members,iv) Loans from State Govt., GOI or other sourcesLoans, andv) Over drfts on the security of fixed Deposits and other securities.vi) Grants and Subsidies.vii) Loans from NCDCViii) Donations
SHARE CAPITAL:-
a) The authorised Share Capital of the District Viswabrahmins /
Kummari Shalivahana / Medara Cooperative Union Limited.,
______________________District shall be Rs.50 Lakhs
made up of 50000 shares of Rs.100/-each.
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b) Every affiliated society on being admitted as member shall purchase
a minimum of twenty shares worth of Rs.2,000/- and pay
affiliation fee of Rs.250/- every year.
c) Government may purchase any number of shares.
Contd..5.
::5::
6. MEMBER SHIP ELIGIBILITY:-
The membership of the District Viswabrahmins / Kummari
Shalivahana / Medara Cooperative Union Limited.,
______________________District shall be opened to:-
i) Primary Viswabrahmins / Kummari Shalivahana / Medara
Cooperative Societies, ______________________District
And
ii) State Government.No Primary Viswabrahmins / Kummari Shalivahana / Medara
Cooperative Societies, ______________________District shall
be qualified for being admitted as Member and for being a
Member of the District Viswabrahmins / Kummari Shalivahana /
Medara Cooperative Union Limited.,
______________________District if it incurs any disqualification
specified in the APCS Act and Rules.
6. APPLICATION FOR ADMISSION FOR MEMBERSHIP:-
a) Every application for admission as a member in the District
Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union Limited.,
______________________District shall be in the form prescribed and addressed
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to the Managing Director of the District Viswabrahmins / Kummari Shalivahana /
Medara Cooperative Union Limited., ______________________District who shall
place it before the Managing Committee. The Managing Committee cannot,
without sufficient cause, refuse admission, of membership to any District
Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union Limited.,
______________________District duly qualified under byelaws. If the Managing
Contd...6.
::6::
Committee of the District Viswabrahmins / Kummari Shalivahana / Medara
Cooperative Union Limited., ______________________District decides to refuse
admission, such decision, with the reasons, thereof shall be communicated by
the District Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union
Limited., ______________________District by Registered Post to such Primary
Viswabrahmins / Kummari Shalivahana / Medara Cooperative Societies within 60
days from the date of receipt of the application.
b) The District Viswabrahmins / Kummari Shalivahana / Medara
Cooperative Union Limited., ______________________District may admit as
associate members; persons with whom it has business dealings. Associate
members will have no voting right.
7. ADMISSION FEE:-
Every member shall on allotment of shares, pay admission fee of Rs.50/-
per share. It shall not, however be necessary to State Government to pay
admission fee.
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8. A share certificate duly signed by the Chairman and Managing Director of
the District Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union
Limited., ______________________District and with the seal of the District
Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union Limited.,
______________________District shall be issued to each member for the shares
taken. If the share certificate is lost or destroyed a duplicate copy may be issued
on payment of Rs.1/- per share after giving due publicity of the facts considered
Contd...7.
::7::
necessary by the Managing Committee whose decision in this regard shall be
final. If any certificate is torn out or damaged, the Managing Committee may
order the same to be cancelled and issue a duplicate certificate in lieu thereof.
9. No member shall be permitted to transfer any shares or interest held by its
unless the District Viswabrahmins / Kummari Shalivahana / Medara CooperativeUnion Limited., ______________________District has become bankrupt or
ineligible to continue as a member of the District Viswabrahmins / Kummari
Shalivahana / Medara Cooperative Union Limited.,
______________________District.
10. TRANSFER OF SHARES:-
(i) The Member should hold shares or interest for not less than one
Cooperative Year &
(ii) After one year District Viswabrahmins / Kummari Shalivahana /
Medara Cooperative Union Limited., ______________________District can
transfer its share/shares to a Society admitted as a Member by the Managing
Committee of the Society on payment of transfer fee as per byelaws.
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Provided that such transfer of share shall not be operative unless and until
it is sanctioned by the Managing Committee and until the name of the transferee
has been entered in the shares transfer register.
11. CESSATION OF MEMBERSHIP:-
No member shall at any time be permitted to withdraw any share or shares
held by it. Should a Member cease to be eligible for Membership, the District
Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union Limited.,
Contd....8.
::8::
______________________District shall remove its name from the list of Members
and arrange to pay back, within a reasonable period to such member the share
capital held by it together with dividend declared, if any, after deducting any sum
due from it to the District Viswabrahmins / Kummari Shalivahana / Medara
Cooperative Union Limited., ______________________District.
Provided that with the sanction of the Registrar any Member may withdraw
the whole of its Share Capital at any time for the purpose of affiliating itself to
another District Viswabrahmins / Kummari Shalivahana / Medara Cooperative
Union Limited., ______________________District or if the affairs of the District
Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union Limited.,
______________________District are ordered to be wound up. The withdrawal of
the shares held by the State Govt. Shall be on such terms and conditions as may
be laid down by the Govt. From time to time and such terms and conditions it
shall be binding on the Corporation. When a Member Society has been wound
up under the Act the Managing Committee of the District Viswabrahmins /
Kummari Shalivahana / Medara Cooperative Union Limited.,
______________________District may, on the application to the Liquidator, refund
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the same held by such member after deducting the dues, if any, from the member
society.
12. The membership of the Primary Viswabrahmins / Kummari Shalivahana /
Medara Cooperative Society in the District Viswabrahmins / Kummari Shalivahana
/ Medara Cooperative Union Limited., ______________________District shall
cease on:-
(i) The Transfer of all shares held by the Member
(ii) The cancellation of its registration.
Contd...9.
::9::
(iii) On expulsion;
(iv) On failure to fulfil the obligations if a member to the District
Viswabrahmins / Kummari Shalivahana / Medara Cooperative
Union Limited., ______________________District as per
business regulations of the District Viswabrahmins /
Kummari Shalivahana / Medara Cooperative Union Limited.,_________________District .
(v) If the member wilfully deceives the District Viswabrahmins /
Kummari Shalivahana / Medara Cooperative Union Limited.,
______________________District by false return /
reports / statements;
(vi) If the member acts adversely to the interest of the District
Viswabrahmins / Kummari Shalivahana / Medara Cooperative
Union Limited., ______________________District. Provided
expulsion of a member shall be by a resolution of 2/3 members
present at the general meeting and voting for reasons in sub
provisions v & vi above.
13. When a Member from whom money is due pays any sum it shall be
appropriated the following order:-
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(i) Firstly to fees, fines, postal charges and other miscellaneous
charges due by the member.
(ii) Secondly to interest and
(iii) Thirdly to principal
14. The past member, shall be liable as provided in the byelaws for the debts
due to the District Viswabrahmins / Kummari Shalivahana / Medara Cooperative
Union Limited., ______________________District as they existed on the date
when it ceases to be a member for a period of two years from such date.
Contd...10.
:::10:::
15. DEPOSITS:-
The District Viswabrahmins / Kummari Shalivahana / Medara Cooperative
Union Limited., ______________________District may accept deposits from
members on such terms and conditions and in such proportion to the SC as may
be decided by the Managing Committee with the approval of the Registrar.
Provided the total borrowing of the District Viswabrahmins / Kummari
Shalivahana / Medara Cooperative Union Limited.,
______________________District at any time doesnot exceed 25 times of the paid
up share capital plus Reserve Fund.
16. BORROWINGS:-
The Managing Committee of the District Viswabrahmins / Kummari
Shalivahana / Medara Cooperative Union Limited.,
______________________District may pass resolution and borrow funds by way
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of loans, deposits from Govt., and other institutions regulated by RBI after
permission from Govt is taken through the Registrar.
17. MANAGEMENT:-
The Board of Directors of the District Viswabrahmins / KummariShalivahana / Medara Cooperative Union Limited., ____________________Districtshall consist of the following:-
1. Chairman --1 To be elected from among the DistrictViswabrahmins / Kummari
Shalivahana / Medara CooperativeUnion Limited., _____________District which are admitted asmembers of the Corporation
2. Directors --11
Contd..11::11::
Official Nominees:-
1.Project Director, DRDA or his nominee --Director
2.General Manager, DIC or his nominee. --Director 3.Dist. BCCFC Ltd., -- Director
The election of the Managing Committee by the General Body shall be asper APCS Act 1964 and rules mentioned therein from time to time.
All the members of the Managing Committee, save those nominated shallbe elected at one and the same time for the specified period of five years. If apost of Director falls vacant due to death, resignation etc., of the existingDirector, then Government / Registrar can nominate another person for theremaining period or the vacancy may be filled by Co-option, if the vacancy is notthat of the President.
The proceedings of the Managing Committee shall not be invalidated on accountof any vacancy or vacancies in the Managing Committee which may remainunfilled subject to fulfillment of quorum under Rule 23 of APCS Rules, 1964. Anymember of the Managing Committee may resign from his Office by sending aletter of resignation to the General Manager of the District Viswabrahmins /Kummari Shalivahana / Medara Cooperative Union Limited.,
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______________________District but such resignation shall take effect only fromthe date on which, it is accepted by the Managing Committee. In the beginning aDeputy Registrar of Cooperative Societies from Cooperative Department orDeputy Director/Assistant Director of Industries from the Industries Departmentwill be allotted to be posted as General Manager until the activities of the District
Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union Limited.,______________________District are clearly chalked out.
II. AFFILIATION:- The District Viswabrahmins / Kummari Shalivahana /Medara Cooperative Union Ltd, ________District affiliated itself to the AP StateViswabrahmins Cooperative Societies Corporation Ltd, Hyd / AP State KummariShalivahana Cooperative Societies Federation Ltd, Hyd / AP Medara CooperativeFinance Corporation Ltd, Hyd.
Contd...12.
::12::
18. Transitory Bye-Law under Bye-Law No:17:-
Not withstanding anything contained in Bye-Law No:17 the Govt shall have
power to nominate all the Directors including the Chairman from time to time, for
such period or periods as may be considered necessary. Govt shall have power
to cancel the nomination of any member of the Managing Committee including
Chairman and nominate any person in his place. Any casual vacancy that may
arise among the nominated members shall also be filled by the Govt for the rest
of the periods.
19. OFFICE BEARERS:-
The affiliated District Viswabrahmins / Kummari Shalivahana / Medara
Cooperative Union Limited., ______________________District which are formed in
the Districts for Cooperative Societies of weaker sections, shall depute the
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President for representation with the General Body Meeting to elect the members
of the Managing Committee.
The elected Members of the Managing Committee shall elect among
themselves a Chairman.
The Managing Committee shall meet at least once in three months or often,
if necessary, for the conduct of the business of the District Viswabrahmins /
Kummari Shalivahana / Medara Cooperative Union Limited.,
______________________District. The quorum for the meeting of the Managing
Committee shall be majority of the Managing Committee Members. All
issues(questions) before the Managing Committee shall be decided by the
Contd...13.
::13::
majority of votes. In the case of equality of votes, the Chairman or the other
member of the committee presiding the meeting shall exercise a casting vote as asecond vote. No member of the Managing Committee shall be present at any
meeting of the committee when any matter in which he is personally interested is
being discussed.
There shall be 10 prior days notice for a meeting of the Managing
Committee and the meeting notice shall be sent to the Managing Committee
members either by post under certificate of posting or by personal service. The
notice shall be deemed sufficient and proper if sent to the address given by the
members, it being their duty to keep the District Viswabrahmins / Kummari
Shalivahana / Medara Cooperative Union Limited.,
______________________District inormed of any change in their addresses.
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The General Manager of the District Viswabrahmins / Kummari
Shalivahana / Medara Cooperative Union Limited.,
______________________District shall also, within a period of 15 days from the
date of receipt of a requisition for a meeting of the Managing Committee, from at
least 5 members of the Committee or from the Registrar should convene a
meeting stating the subjects to be consideed as stipulated in Section 32.
20. Should a Member of the Managing Committee excluding the nominated
members, other than the ex-officio Members, absent himself, from 3 consecutive
meetings of the Committee he shall cease to be a member of the Committee, but
it is open to the Committee to reinstate him in accordance with the APCS Rules
1964.
Contd...14
::14::
21. Disqualification of the Member of the Committee:-No person shall be eligible for being chosen as and for being a member of
the Committee if he has acquired or continues to have any of the disqualifications
for membership of the committee specified in the Act.
22. GENERAL BODY:-
Subject to the provisions of the Act, the ultimate authority in all matters
relating to the administration of the District Viswabrahmins / Kummari
Shalivahana / Medara Cooperative Union Limited.,
______________________District shall be vested in the General Body. It shall be
convened by the Managing Committee at least twice in a cooperative year to
conduct the business of the District Viswabrahmins / Kummari Shalivahana /
Medara Cooperative Union Limited., ______________________District. The
General Body shall not, however, interfere with the powers of the Managing
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Committee inrespect of the matters conferred to it in the Act and Bye-Laws. The
following among the other matters, shall be dealt with the General Body.
(i) Election of members of the Managing Committee
(ii) Annual report to the Registrar of Cooperative Societies.
(iii) Consideration of the Audit report and Annual report
(iv) Disposal of net profits.
(v) Amendment to Bye-Laws
(vi) Expulsion of Members
(vii) Approval of Annual Budgets of Income and Expenditure
(viii) Affiliation of the Corporation to the financing bank or other
Corporation.
Contd....15.
:::15:::
23. Powers of the Managing Committee:-The Managing Commitee of the District Viswabrahmins / Kummari
Shalivahana / Medara Cooperative Union Limited.,
______________________District shall exercise the following powers and such
other powers as may be conferred by the General Body from time to time.
(i) To pay the preliminary expenses incurred in the registration of the
District Viswabrahmins / Kummari Shalivahana / Medara
Cooperative Union Limited., ______________________District.
(ii) To prescribe from time to time subject to budget allotment, the scale
of establishment subject to the provisios of the APCS Act of
1964 and the security to be taken from them as laid down by the
Registrar,if any.
(iii) To admit members.
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(iv) To appoint Advisory Committees to consider any specific problems
or subjects.
(v) To authorise, in the absence of General Manager, any other officer
to executive all bonds, agreements, receipts and other
documents for the purpose of the business of the District
Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union
Limited., ______________________District.
(vi) To Constitute, Conduct, Defend, Compromise or abandon on any
legal proceedings by or against the District Viswabrahmins /
Kummari Shalivahana / Medara Cooperative Union
Limited., ______________________District or its Officers.
(vii) To prepare and cause to be prepared Annual Reports, Balance
Sheet, Trading, Profit and Loss Accounts and Annual Budget
to be placed before the General Body.
Contd...16.
::16::
(viii) It shall be competent for the Managing Committee of the DistrictViswabrahmins / Kummari Shalivahana / Medara Cooperative
Union Limited., ______________________District to frame
subsidiary rules for the conduct of business of the District
Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union
Limited., ______________________District consistent with
the Act,Rules and the Bye-Laws. Such subsidiary rules shall be
entered in the Minutes Book of the District Viswabrahmins /
Kummari Shalivahana / Medara Cooperative Union Limited.,
______________________District and reported to the Registrar
for approval. They shall take effect only after their approval by
the Registrar.
(ix) The Managing Committee may appoint sub-committee or
committees as may be necessary from among the members of
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the Managing Committee for any specificpurpose and consider the
recommendations made by such sub-committee.
(x) The services of the members of the Managing Commiteeof the
District Viswabrahmins / Kummari Shalivahana / Medara
Cooperative Union Limited., ______________________District except
those of the Managing Director shall be gratuitous. The members of
the Managing Committee and other sub-committees shall be
eligible for TA & DA as may be decided upon by the Managing
Committee with the approval of the Government/Registrar.
Provided also that every member of the Managing Committee or any
other sub-committee shall be eligible for sitting fee @ Rs.100/- for each meeting.
The sitting fee & TA shall, however, be paid to the members of the Managing
Committee who attend the meeting of the Managing Committee or Sub-Committee
even when there is no quorum for such meeting.
Contd..17.
::17::
Provided however they shall not be entitled to claim any TA and other allowances
from any other cooperative institutions for journeys made for the meetings of the
District Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union
Limited., ______________________District held on or about the same dates of the
meetings of the District Viswabrahmins / Kummari Shalivahana / Medara
Cooperative Union Limited., ______________________District.
(xi) To lay down policies regarding, all matters pertaining to borrowings
including overdrafts, lending and investments.
(xii) To take action for rectification of irregularities pointed out in audit
and inspection.
(xiii) To compromise any debt or claim of the Society subject to approval
of General Body and the Registrar.
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(xiv) To frame and adopt suitable special Bye-Laws relating to service
conditions of the employees with the approval of the Registrar
and in conformity with the standing orders approved by the
Commissioner of Industries.
(xv) To do all such acts as are necessary to carry out the objets laid
down in Bye-Laws.
(xvi) It shall be competent for the Managing Committee to settle all details
in regard to issue and recovery of loans granted to the members of
the Corporation and to frame subsidiary regulatios with the
approval of the Registrar in this behalf.
(xvii) The method of recruitment, conditions of service of the Officers and
employees and procedure to be followed for disposal of
disciplinary cases shall be governed by the provisions of the special
Bye-Laws framed by the Managing Committee and approved by
the General Body and Registrar.
Contd...18.
::18::(xviii) The proceedings of the Managing Committee shall be recorded in the
Minutes book by the Managing Director and counter signed by the
Chairman of the meeting concerned at the end of the meeting.
(xix) The Managing Committee shall be competent to sanction loans to
Members.
(xx) To appoint Managing Director, with the approval of the Government.
24. The Several Officers of the District Viswabrahmins / Kummari Shalivahana /
Medara Cooperative Union Limited., ______________________District shall have
the following powers:-
(i) The Chairman of the District Viswabrahmins / Kummari Shalivahana /
Medara Cooperative Union Limited., ______________________District shall have
general control over the affairs of the District Viswabrahmins / Kummari
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Shalivahana / Medara Cooperative Union Limited.,
______________________District. He shall be kept informed, from time to time,
by Managing Director of the action taken by him to implement the decisions of
the Managing Committees and the General Body. He shall also have power to call
for any information from the Managing Director relating to the business of the
District Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union
Limited., ______________________District.
(ii) A Member, nominated by Chairman, shall attend to all the duties of
the Chairman, whenever the Chairman is absent.
(iii) Subject to the General power of the Managing Committee, the
General Manager shall have the following powers and duties, besides such other
powers or duties as may be entrusted to him from time to time by the Managing
Committee / Government.
Contd...19
:::19:::Powers of the General Manager:-
a. He shall have control over the administration of the District Viswabrahmins
/ Kummari Shalivahana / Medara Cooperative Union Limited.,
______________________District.
b. He shall convene the meetings of the General Body and Managing
Committee of the District Viswabrahmins / Kummari Shalivahana / Medara
Cooperative Union Limited., ______________________District.
c. He shall be the Officer to sue or to be sued on behalf of the District
Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union Limited.,
______________________District and all bonds and arrangements in favour of the
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District Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union
Limited., ______________________District shall be in his name. He shall execute
all debt agreements and other documents for the purpose of the business of the
District Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union
Limited., ______________________District.
d. He shall be responsible for the general conduct of the day-to-day business
of the District Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union
Limited., ______________________District and shall have control and supervision
over the paid officers and staff of the District Viswabrahmins / Kummari
Shalivahana / Medara Cooperative Union Limited.,
______________________District.
e. He shall receive or arrange to receive all money and securities on behalf of
the Corporation and shall make arrangements for proper maintenance and
Contd...20.
:::20:::
custody of cash balance and other properties of the District Viswabrahmins /
Kummari Shalivahana / Medara Cooperative Union Limited.,
______________________District. He shall receive deposits, issue deposit
certificates in accordance with rules framed in this behalf and arrange their
payment on maturity with interest.
f. He may incur expenditure on contingences as per the budget allotment for
sum not exceeding Rs.5,000/- on any one item at one time.
g. He shall carry on correspondence on behalf of the District Viswabrahmins /
Kummari Shalivahana / Medara Cooperative Union Limited.,
______________________District.
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h. He shall receive applications for admission to the membership of the
District Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union
Limited., ______________________District and maintain record for them, place
before the Managing Committee and communicate applicants of the decisions of
the Managing Committee within time prescribed in section 19(3) of the Act.
i. He shall issue or authorize any other Officer to issue receipts for all money
received by the District Viswabrahmins / Kummari Shalivahana / Medara
Cooperative Union Limited., ______________________District. In the event of
borrowings by the Corporation he shall issue receipts. He shall purchase
equipment up to value of Rs.5,000/-.
j. He shall have powers to endorse and transfer promissory notes,
Government and other securities, and to sign negotiable instruments on behalf of
the District Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union
Limited., ______________________District.
Contd...21.
::21::
k. He shall have general custody of all properties of the District
Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union Limited.,
______________________District subject to definite responsibility being fixed on
the members of the staff who shall be responsible for the custody of the stocks
or properties placed with them or at their disposal.
l. He shall prepare the annual report, balance sheet budget and programme
of work for being placed before the Managing Committee / General Body.
m. He shall ensure proper maintenance of accounts, registers and the
preparation of financial statements prescribed under rules and by the Registrar
from time to time and to make them available for audit.
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n. He shall sanction loans up to an individual value of Rs.1.00 lakh subject to
the post approval/ ratification of the Managing Committee. Any loan over that
should be referred to the Managing Committee.
25. General Body Meeing:-
(i)
a. The Managing Committee may at any time call far a General Body
meeting of the District Viswabrahmins / Kummari Shalivahana / Medara
Cooperative Union Limited., ______________________District, but such meeting
shall be called for and held at least twice in a cooperative year provided that one
meeting shall be held in each half year.
b. A General Body meeting may be called at any time by the Managing
Committee and it shall be called within a period of (30) days from the date of
receipt of the requisition from 2/3rd of the total number of members or at the
instance of the Registrar or any person authorized by him.
Contd...22.
::22::
c. A notice of the meeting of the General Body shall be issued,
specifying time, place and date of the meeting at least 15 clear days in advance.
Such notice shall be sent to the member by any one of the following modes,
namely:-
i) by local delivery or
ii) by post under certificate of posting
d. The quorum for the General Body meeting shall be 1/10th as per Rule
23 of APCS Rules, 1964 of the total number of members on rolls.
e. The chairman shall preside over the General Body meeting. In the
absence of the Chairman, one of the members elected for the purpose shall
preside at the General Body meeting. For the purpose of election of the members
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of the Managing Committee the Election Offier under the Rules shall preside over
the meeting and conduct proceedings.
f. In case of equality of votes the Chairman of the meeting shall have a
second or a casting vote.
25(ii) MODE OF ELECTIONS TO THE MANAGING COMMITTEE:- The elections to
the Managing Committee shall be conducted as per the provisions of the APCS
Act 1964 and APCS Rules 1964 and as per executive instructions issued by the
Registrar from time to time.
MISCELLANEOUS:-
26. The Managing Committee shall have power to invest the funds in other
Corporation in the manner permitted by Section 46 of the APCS Act and Rules.
27. The Managing Committee shall have power to proceed against the
Members in case of default of payment of money due to the District
Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union Limited.,
______________________District as per the provisions of APCS Act 1964.
Contd..23.
::23::
28. An amendment to the Bye-Laws shall be considered at a General Body
meeting and carried out by a majority of not less than two third (2/3rd) of the
members present and voting at the meeting. Prior notice of the intention to
discuss such amendment in the meeting shall be given. The amendment carried
out shall be sent to Registrar within 30 days from the date of the meeting for
Registration.
29. The net profits of the District Viswabrahmins / Kummari Shalivahana /
Medara Cooperative Union Limited., ______________________District as declared
by the Chief Auditor or any person authorised by him in his behalf and after the
issue of the audit certificate shall be disposed towards Reserve Fund, Education
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Fund and other Reserves as per the provisions of APCS Act 1964 and the rules
mentioned therein.
30. No amendment to, alteration on cancellation of, addition to a Bye-Law shall
be made except at General Body meeting of the members or shall be deemed to
have been passed unless a majority of the two third (2/3rd) of the members are
present and vote for it. They shall not take effect unless they are approve and
registered by the Registrar. Provided that the Registrar, if in his opinion an
amendment of the Bye-Law of the District Viswabrahmins / Kummari
Shalivahana / Medara Cooperative Union Limited.,
______________________District is necessary or desirable in the interest of the
Corporation, he may in the manner prescribed in rule 11 of the APCS Rules direct
such amendment to Bye-Law to be adopt and after General Body of the District
Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union Limited.,
______________________District considers it may register it. Such an
amendment shall have the same effect as an amendment of the Bye-Law made by
the District Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union
Limited., ______________________District Corporation.
Contd...24.
::24::
31. The District Viswabrahmins / Kummari Shalivahana / Medara Cooperative
Union Limited., ______________________District shall keep a copy of the Act and
rules and the Bye-Laws of the District Viswabrahmins / Kummari Shalivahana /
Medara Cooperative Union Limited., ______________________District, the last
audited annual balance sheet, the profit and loss account and list of members of
the Committee open to inspection byits members free of charge at all reasonable
time at its Registered Office. It shall also permit such of the Member who
requests to inspect such portion of the book and record in which transactions
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relating to him have been recorded as provided Under Section 119 of the APCS
Act 1964..
32. The District Viswabrahmins / Kummari Shalivahana / Medara Cooperative
Union Limited., ______________________District shall not use or allow to be used
any premises or portion thereof which is intended for its business for any
purpose other than such business or other activity relating to the District
Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union Limited.,
______________________District without the specific permission of the Registrar,
provided that private dealer if permitted by the Registrar shall not do business of
similar nature done by the District Viswabrahmins / Kummari Shalivahana /
Medara Cooperative Union Limited., ______________________District within its
premises.
33. Should any doubt arise as to the constitution of APCS Act and APCS Rules
or any Bye-Law and regarding any affair of the District Viswabrahmins / Kummari
Shalivahana / Medara Cooperative Union Limited.,
______________________District, the Managing Committee shall refer the same
to the Registrar for advise and act according to his advice.Cont...25.
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::25::
34. The District Viswabrahmins / Kummari Shalivahana / Medara Cooperative
Union Limited., ______________________District shall prepare annually in such
form as may be prescribed by the Registrar:-
A. A statement showing receipts and disbursements for the year.
B. Profit and Loss Account
C. Balance Sheet and
D. Such other statements as may be prescribed by the Registrar from
time to time.
Those statements shall be prepared every year by 31st March and a copy of
each shall be sent to the Registrar within 30 days after the close of the
Cooperative year ending with 31st March.
35. Should any sum or property belonging to the District Viswabrahmins /
Kummari Shalivahana / Medara Cooperative Union Limited.,
______________________District be either stolen or otherwise lost and found
irrecoverable it shall be open to the General Body of the District Viswabrahmins /Kummari Shalivahana / Medara Cooperative Union Limited.,
______________________District to writeoff such amount or the value of the
property after obtaining sanction of the Registrar.
36. Should there be a conflict between the Bye-Laws of the District
Viswabrahmins / Kummari Shalivahana / Medara Cooperative Union Limited.,
______________________District and Bye-Laws of any member society, the
former shall prevail.
Contd...26
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:::26::
37. Any amount due by the District Viswabrahmins / Kummari Shalivahana /
Medara Cooperative Union Limited., ______________________District and not
claimed within the period of limitation allowed by the Indian Limitation Act, shall
be added to Reserve Fund of the District Viswabrahmins / Kummari Shalivahana /
Medara Cooperative Union Limited., ______________________District.
38. All cash balance of the District Viswabrahmins / Kummari Shalivahana /
Medara Cooperative Union Limited., ______________________District shall be
deposited in the nearest Nationalized Bank. Payments shall as far as possible, be
made only by Cheques. But where payments have to be made by cash on certain
items the required amount of cash may be drawn from the Bank and paid within 2
days from the date of receipt of cash. If for any reason payent is not made within
2 days, the amount standing un-disbursed should be remitted into Bank.
Joint Director of Industries / General Manager/Ex-Officio District Registrar
of Industrial Cooperative Societies