(1) The Assam Cooperative Societies Act, 1949, is hereby repealed.
(2) Notwithstanding such repeal, anything done, any action taken, any order passed by any authority or any penalty imposed under the said Act shall be deemed to have been done or taken under the corresponding provisions of this Act.
Assam Act I of 1950 428 THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 4, 2012 • SCHEDULE-A (see section 4(1), 25) COOPERATIVE PRINCIPLES The co-operative principles are guidelines by which co-operative societies put their values into practice.
1st Principle : Voluntary and open Membership.
Co-operative societies are voluntary organisations , open to all persons able to use their service and willing to accept the responsibilities of membership, without gender, social, racial, political or religious discrimination.
2nd Principle : Democratic Member Control.
Co-operative societies are democratic organisations controlled by their members, who actively participate in setting their policies and making decisions Men and women serving as elected representatives are accountable to the members. In primary co operative members have equal voting rights (one member, one vote) and cooperative society at other levels are also organised in a democratic manner.
3rd Principle : Member Economic Participation .
Members contribute equitably to and democratically control, the capital of their cooperative societies. At least part of that capital is usually the common property of the co-operative. Members usually receive limited compensation, if any, on capital subscribed as a condition of membership. Members allocate surpluses for any or all of the following purposes : developing their co-operative societies, possibly by setting up reserves, part of which at least would be invisible, benefiting members in proportion to their transaction with the co-operative society, and supporting other activities approved by the members.
4th Principle : Autonomy and Independence.
Co-operative societies are autonomous, self-help organisations controlled by their members. If they enter into agreements with other organisations , including Governments,or raise capital from external sources, they do so on terms that ensure democratic control by their members and maintain their co-operative autonomy.
5th Principle : Education,Training and Information.
Co-operative societies provide education and training for their members, elected representatives, managers, and employees so they can contribute effectively to the development of their co operative societies.They inform the general public- particularly young people and opinion leaders - about the nature and benefits of co-operation.
6th Principle : Co-operation among Co-operatives Societies.
Co-operative societies serve their members most effectively and strengthen the co-operative movement by working together through local , national, regional and international structures.
7th Principle : Concern for Community.
Co-operative societies work for the sustainable development of their community through policies approved by their members.
THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 4, 2012 429
SCHEDULE-B (SEE SECTION 9) Subject matter for specific consideration when framing bye laws.
1. Identity of the cooperative society.
(a) the name of the cooperative
(b) the village/town/city where the head office of the cooperative society is to be located
(c) the custody and use of the common seal
(d) the area of operation from where the membership is to be drawn.
2. Aim and services
(a) the aim of the cooperative society explicitly stated as a common need of the members which the cooperative society aims at fulfilling
(b) key service and support services to members to fulfil the common need stated in the aim
(c) the conditions under which services may be provided to non membership.
3. Membership
(a) eligibility .ineligibility for obtaining membership
(b) eligibility, ineligibility for continuing membership
(c) procedure for obtaining membership
(d) procedure for withdrawing membership
(e) procedure for termination of membership
(f) circumstances under which membership ceases
(g) procedure for cessation of membership
4. Member rights and obligations
(a) the rights of members
(b) manner of fixation of minimum performance expected annually of each member vis-^-vis use of services, financial commitment, participation in meetings and adherence to bye-laws ,in order to be eligible to exercise the rights of membership including the right to vote
(c) the consequences of performing below the minimum level fixed
(d) the consequences of default in payment of any sum due by a member.
5. General Body
(a) the role of the general body and of the delegate General body, if any, and subjects which must be dealt with by the general body, and by the representative general body, if any
(b) the manner and frequency of convening general meetings, the mode of communication of the intimation of these meetings and quorum required
(c) the minutes of proceedings of general meetings
6. Board of Directors
(a) The size and composition of the Board of Directors
(b) Eligibility, ineligibility for becoming director
(c) Eligibility, ineligibility for retaining directorship
(d) The procedure for election including the appointment of election officer, removal of directors, the election of the President, Vice President, and representative and filling of casual vacancy 430 THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 4. 2012
(e) The terms of office of the directors
(f) The frequency of board meetings
(g) The manner of convening board meetings, and quorum
(h) The functions, responsibilities and powers of the board
(i) The minutes of proceedings of board meetings
(j) The functions, responsibilities and powers of directors
7. Chief Executive and staff
(a) the person to sue or be sued on behalf of the cooperative society.
(b) the manner of appointment and removal of chief executive
(c) the functions, responsibilities and powers of the chief executive
8. Finances
(a) the financial year which the cooperative society wishes to adopt
(b) the manner of appointment of auditors and their duties
(c) the manner of appointment of internal auditors and their duties
(d) the nature and amount of equity capital, if any, of the cooperative society
(e) the maximum capital which a single member can hold
(f) the types and extent of funds to be raised
(g) the purposes for which the funds raised by the cooperative society may be applied
(h) the debt-equity ratio that the cooperative society wishes to maintain at all times, and the maximum external debt that a cooperative society wishes to permit itself at any point of time
(i) procedure for transfer of shares or interest by a member
(j) procedure for redemption of shares by the cooperative society
(k) procedure for transfer or payment of interest on death of member
(l) the nature and extent of the liability of the members for the debts contracted by the cooperative society
(m) the nature and extent of the liability of the directors for the debts contracted by the cooperative society
(n) the manner of disposal of funds if under liquidation
9. Secondary cooperative societies
(a) the rights, if any, which the cooperative society wishes to confer on any secondary cooperative society of which it is a member, and the circumstances under which these rights may be exercised by such secondary cooperative society
(b) the procedure of appointing and changing representative to secondary cooperative society.
10. Other matters
(a) the manner of making or amending bye-laws
(b) the manner of constitution and functioning of arbitration council along with the qualification of the members for settlement of disputes
(c) the manner of dissolution of the cooperative society
(d) the language in which the affairs of the cooperative society are to be conducted
(e) refunding of loan, guarantee, share capital, grant or subsidy received from Government
(f) other matters which the provisions of this Act requires to be provided by bye- laws.
THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 4, 2012 431 Schedule C Form (see Section 114) Cooperative Demand Certificate granted under Section 114(1) of the Assam Cooperative Societies Act, 2007 (To be realized as an arrear of land revenue by the authority within whose jurisdiction the judgment debtor’s property is situated) Case no .____________ of 20 District/ sub- division In the matter of Versus «\r
(1) Whereas as a result of my enquiry I decide that a sum of Rs................................ (Rupees.
.......................................................................................... ) by way of ...................................................... under section 102 (1) of the Assam Cooperative Societies Act, 2007 and a sum of Rs....................................... ( Rupees ................................................... ) by way of interest upto..................... is/ are due from you and you have not paid.
Or Whereas .................................................... has made a reference in writing to me complaining/ determining that a sum of Rs .................................. (Rupees................................................... ) by way of .......................................... under section .............................. of the Assam Cooperative Societies Act, 2007 and a sum of Rs.
..................... (Rupees................................................................... ) by way of interest upto............................. is/are due from you and you have evaded payment of the same.
(2) And whereas a notice of demand calling on you to pay the dues within the specified time was served with notice to show cause.
(3) And whereas you have not paid up your dues specified in the notice.
(4) And whereas you have not submitted explanation/ your explanation is unsatisfactory.
(5) Now, therefore I under the authority of the sub section (1) of Section 102/..................of the Assam Cooperative Societies Act, 2007 read with the sub- section (1) of Section 114 of the Assam Cooperative Societies Act, 2007 do hereby order that the above mentioned sum of Rs................................................................. (Rupees.............................).
Is due to the above named from you and that you will pay the amount with further interest on the principal sum at the rate of ....................................... percent........ per annum from ............................................... together with all cost till the date of realization of the above mentioned sum.
432 THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 4, 2012
(6) I further order that the title and interest of ............................... in the properties set out and described in the schedule below be soid as an arrear of land revenue under the provisions of Assam Land and Revenue Regulation Act, 1886 (Regulation I of 1886) and that, if the sale proceeds should be found insufficient to discharge the dues with subsequent interest at the above rate till the date of realization and costs in full .the balance be realized by attachment and sale of the other movable property of judgment- debtor as an arrear of land revenue
(7) Further take notice that if you fail to pay the amount as ordered above within a period of thirty days from the date of service of Certificate you shall also be liable to prosecution under sub section(6) of section 114 of the Assam Cooperative Societies Act, 2007 in addition to other measures for the recovery of the amount payable by you.
Schedule Dated Guwahati/..............
The.........................
Registrar of Cooperative Societies, Assam N.B. The irrelevant words/ portions may be struck off and the relevant entries may be made where necessary.
MOHD.A.HAQUE, Secretary to the Govt, o f Assam, Legislative Department, Dispur.
G uw ahatiP rin ted and Published by the Dy. Director (P & S), Directorate of Ptg. & Sty. Assam, Guwahati-21.
Ex. Gazette No. 115-600 + 300+10-4-02-2012.