(1) Notwithstanding anything contained in the bye-laws, prior to placing the matter before the meeting of the committee for expulsion of a member under the provisions of section 40 of the Act, the member concerned shall be served with registered notice regarding the proposed expulsion, fifteen days prior to holding of the committee’s meeting:
Provided that no resolution shall be valid, unless the member concerned has been given an opportunity of representing his case in the committee of the society.
(2) The expulsion from membership may involve forfeiture of shares with the prior permission of the Registrar. In that event, the value of the share forfeited shall be credited to the reserve fund of the co-operative society.
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(3) A member of a co-operative society who has been expelled under section 40 of the act shall not be eligible for re-admission as a member of that society or for admission as a member of any other society of the same class for a period of three years from the date of such expulsion;
Provided that the Registrar may, on an application either by the society or the member expelled and in special circumstances, sanction the re-admission or admission, within the said period, as the case may be. Before giving sanction for re-admission or admission, the Registrar shall provide, an opportunity of hearing both the society and the member concerned.
32. Default in payment by a member, the Equalization charges from a new member and payment of interest to the outgoing member;
(1) In case of default in payment of demand in a co-operative housing society by the members, the maximum rate of interest charges shall be as under:
(a) for default of payment of installment upto six months @ 9 percent per annum;
(b) for default of payment of installment upto one year @ 9.5 percent per annum; and
(c) for default of payment of installment for more than one year @ 10 percent per annum.
(2) Equalization charges to be charged from the member enrolled at the advance stage of construction @ 12 percent per annum on the amount of payments raised by the co-operative housing society from each member of same category for land money and construction purposes.
(3) interest to be paid by a housing co-operative society to a resignee / expelled member shall be @ 6 percent per annum on deposits out of interest so calculated and co-operative society shall charge not more than 2.5 percent as administrative expenditure:
Provided that interest on default / equilisation charges/refund of deposit shall be charged by such co-operative society at the simple rate of interest.
(4) The Registrar, may review the above rates periodically.
33. List of members of co-operative society
(1) Every co-operative society shall prepare a list of its members as on the last day of each co-operative year. The list shall be kept open at the office of the co-operative society, during office hours for inspection by any member of such co-operative society. The list of members shall be revised thirty days prior to the date of the meeting fixed for the election of the committee of the co-operative society and shall include the members admitted and exclude the members resigned or ceased or expelled during the period commencing from the date when the list was last revised and ending with the date of the revision of the list. The list shall be in Form-8 for a co-operative society and in case of a federation in Form-8-A, as the case may be. In-case of a co-operative housing society a copy of list so prepared shall be sent to Registrar within thirty days alongwith a soft copy in a floppy diskette of the same, for display on the website 23 A list of members prepaid in accordance with sub-rule (1) shall be furnished by the cooperative society to the member on payment of rupees fifty per one hundred members or part thereof.
34. Disabilities of a defaulting member.
(1.) A member of any co-operative society who is in arrears to the co-operative society in respect of any loan taken by the member or co-operative society for such period as specified in its bye-laws or in any case for a period exceeding ninety days shall be not eligible:
(a) to vote in election of the said co-operative society;
(b) for appointment to represent the co-operative society in any co-operative society; and
(c) to vote on behalf of co-operative society in other co-operative society.
This rule shall also apply to federal co-operative society and to apex cooperative society (2.) If a member of a co-operative society appointed as a representative of co- operative society, falls in arrears to the co-operative society for the period specified in sub-rule
(1), he shall cease to be representative of the society after completion of said period.
35. Cessation of membership Without prejudice to the provisions of section 29, a person shall cease to be a member of a co-operative society as specified in sub section(1) of section 41 of the Act. Incase of a co-operative housing society an intimation regarding cessation of membership shall be sent by a registered post to the person concerned along with copy of the same to the Registrar within a period of fifteen days. In case of a co-operative society which has become defunct or deemed to have become defunct under the Act and these rules or declared so by the Registrar as such the said co-operative society shall cease to be a member of the Federal /Financing/Apex society.
36. Inspection of documents in the Registrar's office by members of societies and the scale of the fees for supply of copies of documents.
(1) A member of a co-operative society or any other person may inspect the following documents .in the office of the Registrar, and may obtain certified copies thereof, on payment of the following fees:-
(i) Application for registration of a co-operative society (Form No.1) - rupees.10 per page;
(ii) Certificate of registration of a co-operative society- rupees 10 per page;
(iii) Bye-laws of a co-operative society - rupees 10 per page; (iv) Amendment of bye-laws of a co-operative society- rupees 10 per page; (v) Order of cancellation of the registration of a co-operative society - rupees 10 per page;
(vi) Audit report of a co-operative society - rupees 10 per page;
(vii) Annual balance sheet of a co-operative society - rupees 10 per page;
(viii) Order under section 66 of the Act for inquiring the conduct of a person - rupees 10 per page;
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(ix) Order referring a dispute for decision under section 71 of the Act - rupees 10 per page;
(x) Order of supersession of a committee or removal of any member thereof - rupees 10 per page;
(xi) Any decision, order award, and judgment against which provision of appeal is provided. - rupees 10 per page;
(2) A member of the co-operative society or any person may inspect all or any of the documents referred to in sub-rule (1) after paying inspection fee of rupees one hundred per inspection.
(3) An application accompanied by a receipt, for the amount deposited with the Registrar, for the charges for inspection or obtaining copy shall be made to the Registrar specifying the particulars of the document required. Such application shall be disposed off within fifteen days of the receipts of the application
(4) A copy of any of the documents referred to in sub-rule (1) shall be certified by the Assistant Registrar as true copy of the original with the following endorsement made thereon:-
(i) Date of receipt of application.
(ii) Date on which the copy was ready for delivery.
(iii) Date on which delivered.
(iv) Copying charges for the documents as applied.
(v) Certified to be true copy of the original.
Prepared by …………………… Signature Asstt. Registrar.
Checked by ........................... Seal:- Every memorandum of appeal under the Act, these Rules or order shall be accompanied with a certified copy of the decision, order award or judgment against which the appeal has been filed.
37. DUTIES OF MEMBERS:
(1) The member shall owe the following duties to a co-operative society, namely:
(a) to abide by the provisions of the Act, there rules, bye-laws and other lawful decisions taken by the General body, committee, other committees and the Registrar;
(b) To make share capital contribution, other fees and payment to the co-operative society in accordance with the provisions of the Act, rules and bye-laws;
(c) To extend full co-operation and support to other members and the co-operative society, thereby, contributing to the overall development of co-operative;
(d) To perform or extend the minimum economic commitment and business support to the co-operative as prescribed under the Act, rules and bye-laws;
(e) To undertake jointly and severally the responsibility to bear liability on debts, risks, losses and damage caused to co-operative society within the limit of members share capital contribution as provided in the bye-laws of the co-operative society; and 25
(f) To compensate for damages caused to the co-operative society, if any, in accordance with the provisions of the Act, rules and bye-laws.
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CHAPTER IV MANAGEMENT OF CO-OPERATIVE SOCIETIES