(1) For the purpose specified in sub-section (i) of section 49, a copy of any entry in a book of a society regularly kept in the course of business shall be certified,
(a) by the president or secretary or treasurer or any other officer authorized by the committee.
(b) in case, an order has been passed under section 37 of the Act for superceding the committee and appointing an administrator by the Registrar, by the administrator or any officer authorised by him; or
(c) in case, an order has been passed under sub-section (1) of section 99 appointing a liquidator of the society by the Registrar, by the liquidator.
(2) Every certified copy shall bear the seal of the co-operative society.
42. Registrar may require statements and returns to be furnished.
(1) Every co-operative society shall prepare the following statements and returns for each co-operative year, namely:-
(a) a statement showing the receipts and disbursements for the year;
(b) a profit and loss account;
(c) a balance-sheet;
(d) in case of co-operative housing societies details of members resigned , enrolled, ceased and expelled with the approval of Registrar and a updated list of members of the such co-operative housing society; and
(e) such other statement or return as may be specified by the Registrar from time to time.
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(2) The balance sheet of a co-operative society shall reflect a true and fair view of the state of affairs of the co-operative society. The profit and loss account of the co-operative society shall give a true and fair reflection the profit and loss of the society. Every co-operative society shall submit a copy of each of the statements specified in sub-rule (1), to the Registrar annually within one hundred eighty days next after the date fixed for making of its account for the year.
Explanation - For purposes of this sub-rule reference to balance sheet or profit and loss account, shall include any subsidiary statements or documents annexed thereto and any notes thereon.
(3) Without prejudice to sub-rule (1), a consumers' co-operative society, producers' cooperative society and any other co-operative society, if so, required by the Registrar by order shall submit, a statement of verification of the stock at the close of the preceding co-operative year of articles in which the society transacts business to the Registrar annually within such time as may be specified in that order.
43. Preservation and destruction of Books and Records etc. The books and records of a co-operative society shall be preserved as is set forth in Schedule 1 or as may from time to time be directed by the Registrar. A list of record destroyed from time to time shall be prepared and kept by the secretary or any authorized officer: Provided that the cooperative banks shall be governed by the Co-operative Banks (Period of Preservation of Records) Rules, 1985, as prescribed under in the Banking Regulation Act, 1949 (10 of 1949).
44. Responsibility of Officers for maintaining the Account Books.
(1) The president, secretary, treasurer and vice president of a co-operative society shall interalia be responsible, jointly and severally and the officer appointed by the committee for the following tasks namely:-
(a) maintaining the books of account;
(b) maintaining other books and registers as prescribed in these rules; and
(c) prepare returns and statements as prescribed in these rules
Provided that a person entrusted with the duty of maintaining the accounts shall not be the in charge of cash of the co-operative society:
Provided further that in case of co-operative societies having Government share money, officers appointed for maintaining the accounts shall be responsible.
(2) Notwithstanding anything contained in the bye-laws of the co-operative society, the following officers shall also be responsible for the work indicated against each, namely: -
(a) Treasurer- The Treasurer shall keep or cause to be kept all the books of accounts and vouchers and shall prepare or cause to be prepared annual profit and loss account, receipt and disbursement account and the balance sheet. Whosoever may be writing these books of accounts, they shall always be deemed to be in the custody, possession, power and control of the treasurer. The treasurer shall be responsible for safe delivery of the record to his successor after making a list of documents handed and taken over Cash balance in hand, shall always remain in the custody of the 29 treasurer or any other official appointed by the committee and such treasurer or official authorized shall sign the cash book against closing cash in his custody.
(b) Secretary- The secretary shall keep or cause to be kept all other records of the cooperative society and shall be responsible for preparation and submission of various returns to the Registrar. Whosoever may be maintaining these records, these shall always be deemed to be in the custody, possession, power and control of the secretary. The Secretary shall be responsible for making over the charge of the record to his successor under proper charge report to be signed by the relieving and the relieved officers.
45. Disqualifications of paid staff. No near relative of any member of a committee or a member of the committee of financing bank to which the society is indebted shall be appointed as its paid staff.
46. General Body Meetings
(1) Without prejudice to the provisions of section 31 and section 33 of the Act the meetings to be convened by a co-operative society of its general body shall be:-
(a) First general body meeting;
(b) Annual general body meeting; and
(c) Special general body meeting.
(2) The first general body meeting of the co-operative society shall be held within one hundred eighty days of its registration by the promoter members for the election of the committee. The interim committee/board selected by the promoter members for the registration of a co-operative society shall hold office till the regular committee is elected. In this meeting, the following business shall be transacted, namely:-
(a) Approval of allotment of shares, amount collected and amount spent in connection with registration of the co-operative society before registration;
(b) Election of members of the committee.
(3) A requisition for a special general body meeting to be convened under section 33 of the Act shall state the object of the such meeting, and shall be signed by at least one fifth of members of the co-operative society or the Registrar, as the case may be, and shall be sent to the registered office of the society and copy to Registrar.
(4) On receipt of the requisition as aforesaid, the committee shall consider and convene the special general body meeting or direct its secretary or president to convene the special general body meeting, within the stipulated time of thirty days from the date of receipt of requisition from members or Registrar as the case may be. At special general body meeting no business other than that specified in the notice or as specified by the Registrar, shall be transacted.
47. Constitution of a representative General Body.
(1) A co-operative society with limited liability, may, if its area of operation extends to the whole of the National Capital Territory of Delhi or its membership exceeds five thousand, provide in its bye-laws for the constitution of a representative general body.
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(2) In case the bye-laws of the co-operative society provides to constitute a representative general body, the co-operative society shall, with the permission of the Registrar, divide its members into different groups on a territorial or other basis.
(3) The bye-laws may also specify the number or proportion of the members of the representative general body to be elected for representing each group:- .
(a) by all the members of the co-operative society;
(b) by the only that particular group of members of the co-operative society .
(4) The members who are elected to represent each group shall be called the delegates. A delegate shall hold office and attend general meetings till fresh are elected in their places.
Each delegate shall have one vote. A member shall cease to be a delegate if he:-
(a) ceases to be a member of the co-operative society; or
(b) resigns his office as a delegate.
(5) A casual vacancy of a delegate in any area or group shall be filled by election by members of the co-operative society in the area or group concerned.
48. Quorum of a general body meeting.
(1) Notwithstanding any thing contained in the bye-laws, the quorum for a general body meeting shall be one third of the total number of members subsisting as such on the date of notice of the meeting; Provided that incase of a Society having membership of thirty or less than thirty members, then quorum shall be minimum of ten members.
(2.) No business shall be transacted at any general body meeting unless there is a quorum at a time where the business of the meeting is due to commence.
(3.) If within half an hour from the time appointed for the general body meeting, the quorum is not present, the General body meeting shall stand adjourned for fifteen minutes on the same day, which should be specified in the notice calling the general body meeting
Provided that at the adjourned meeting, no quorum shall be necessary, Provided further if the general body meeting is called upon at the requisition of the members of the cooperative society (not the Registrar) it shall stand dissolved.