The Madhya Bharat Co-operative Societies Rules, 1958, the Vindhya Pradesh Co -operative Societies Rules, 1949, and all other rules corresponding to these rules in force in any region of the State of Madhya Pradesh, immediately before the commencement of these rules are hereby repealed:
Provided that anything done or any action taken under any of the rules so repealed shall , unless such thing or action is inconsistent with the provisions of these rules, be deemed to have bee n done or taken under the corresponding provisions of these rules.
84 Schedule as applicable to the State of M.P.
The Schedule Scale of Audit fees [See Rule 50-A sub-rule (1)] The audit fees shall be levied from a society as per i ts classification under section of the Madhya Pradesh Co -operative Societies Act , 1960 (No. 17 of 1961) by the Registrar, Co -operative Societies from time to t ime based on the annual business as under:— S.
No.
Class of society Type o society Basis of levy of audit fees
(1) (2) (3) (4)
1. Consumer society
(i) Except Electric Society ( i i) Electric Society Primary Central Apex Primary Apex Total Sales -do- -do- Total Turnover -do-
2. Framing Society Primary Apex Total Turnover -do-
3. Housing Society Primary Apex Total Turnover -do-
4. Marketing Society primary Total Turnover -do-
5. Producers Society
(i) Except Milk, Oil Seed & Laghu Vanopaj Society (i i) Milk & Oil Seed Society ( i i i) Vanopaj Society Primary Central Apex Primary Central Apex Primary Central Apex Total Turnover -do- -do- Total Turnover -do- -do- As per Note No.5
6. Processing Society Total Sales 85
(i) Except Sugar Federation (i i) Sugar Federation Primary Central Apex -do-
7. Resource Societies Primary Central Apex Working Capital -do- -do-
8. Multipurpose societies Primary Central Apex Total Turnover -do- -do-
9. General societies Primary Central Apex Total Turnover -do- -do-
2. The audit fees of a society shall be levied subject to the minimum!
maximum limit of audit fees corresponding to i ts annual business being less!
more than the average business and at the rates a nd other conditions mentioned in the Annexure 1.
3. If annual business of a society is less than the average business mentioned in the corresponding slab, audit fees shall be levied subject to the minimum limit and, if the annual business of a society is more than the average l imit , the audit fees shall be levied under maximum limit , but the audit fees of a Primary Agriculture Credit Society shall be maximum five thousand rupees only.
4. Audit fees for audit ing the accounts of a society under l iquidat ion shall be levied at the rate of one percent on assets realized.
5. In case of a society doing business on agency basis exclusively or in addit ion to i ts own business, the audit fees shall be levied at the rate of 2.5% on the commission earned/service charges received for service rendered, but audit fees under this clause will not be applicable in case of societies whose audit fees is levied on the basis of working capital and total turnover.
6. Processing unit , local/regional/district and divisional level branches! sale centre of a society will be treated as a separate branch for the purpose of levy and addit ional aud it fees shall be levied as per r ates mentioned below:— 86 S.No. Particulars Primary Central Apex
(1) (2) (3) (4) (5)
1. For Financial Bank 250 500 1000
2. For other societies 100 250 500
3. For Processing Unit 500 500 500
7. Audit fees levied shall be rounded off to the nearest rupee.
8. All Central Co-operative Bank, Oil fed, Regional Oilseed Union, All Dugdha Sangha and all District Vanopaj Union shall pay audit fees for the audit of the member society affi l iated to them and they shall be enti t led to recover the same from the member society.
9. The concurrent audit of any Government aided Apex or Central Society and Urban Bank shall be conducted by the departmental Auditors, but in case of Chartered Accountant authorised for conducting final audit of such society, the Audit fees shall be levied as per the same manner as given in this schedule but the amount of audit fee to be deposited i n the Government Treasury shall be calculated by deducting the amount of remuneration payable to Chartered Accountant.
10. Exemption from payment of Audit fee. -(1) No audit fee shal l be levied in case of a society which is ei ther defunct or dormant or eco nomically weak or under l iquidat ion or having no cash transactions.
(2) Each primary society of every class shall be exempted from payment of audit fee for the first two Accounting years from the date of i ts registration but the society organized by women members and educated unemployed persons, shall have exemption for five years.
(3) Sale of the controlled commodities approved by the Government shall be exempted from levy of audit fee.
11. Definitions. -(1) “Annual audit” means the audit of accounts of a society of an accounting year to be conducted after the close of that accounting year.
(2) “Concurrent audit” means audit of account of a society of an accounting year to be conducted on day to day regu larly during the current year.
(3) “Final audit” means submission of audit note after verification and analysis of f inancial statement of a society.
(4) “Periodical audit” means quarterly audit of accounts of a society.
87
(5) “Audit fees” means service charge levied on a society in l ieu of services rendered by the department for conducting audit , inspection, enquiry and supervision thereof.
(6) “Total sales” means amount of sale of commodities obtained during the course of trading activit ies which shall not include sales return, transfer sales and all type of taxes, if charged separately.
(7) “Total Turnover” means the amount of total receipts or total disbursements arrived at after deducting opening or closing cash balances, deposits into or withdrawals from the Banks, as the case may be and head office/branch adjustments, contra i tems, internal transfer of adjustments, whichever is more.
(8) “Working capital” means the total of al l i tems of the l iabil i ty s ide show in the balance -sheet including accumulated and year‟s profit , i f any, and the difference of branch adjustment as the case may be, but excluding the contra i tems and accumulated losses.
12. Remuneration payable to the certif ied auditors. - (1) A Chartered Accountant , empanelled by the Registrar shall be called cert if ied auditor, for conducting audit of any Apex or Central Societies or Urban Bank under Section 58(1) of Madhya Pradesh Co -operative Societies Act, 1960.
(2) The remuneration payable shall be fixed through mutual consent of the society concerned and the cert if ied auditors by the Regis trar Cooperative Societies under Rule 50 -B of the Madhya Pradesh Co -operative Societies Rules, 1962.
(3) The amount of remuneration payable to the cert if ied auditors shall be deducted from the amount of audit fees levied and i t will be mentioned in the levy memo under Rule 50 -A of the Madhya Pradesh Co-operative Societies Rules, 1962.
(4) Authorised „Cert if ied Auditor‟ shall be accountable to the Registrar for conducting the audit of a society.
(5) The remuneration payable to the cert if ied auditors, sha ll not exceed the maximum ceil ing as mentioned below: - Gradation of cert if ied auditor Limit of annual business Concurrent/Periodical & Final Audit Annual & Final audit Only final audit
(1) (2) (3) (4) (5) Grade „A‟ More than 100 crores 1,00,000 50,000 10,000 88 Grade „B‟ Less than 100 crores but more than 50 crores 50,000 25,000 7,500 Grade „C‟ Less than 50 crores 25,000 12,500 5,000
(6) The addit ional remuneration for the concurrent/periodical/annual audit of a societies‟ branch/processing unit shall not exceed the rates mentioned below:— Additional remuneration per Branch/unit Grade „A‟ Grade „B‟ Grade „C‟ 1500/- 1000- 500/-
(7) The maximum period for the audit work shall be as under - Concurrent/periodical & Final Audit Annual/Final audit Final Audit 6 months 4 months 2 months
(8) The authorized cert if ied auditor and their assistants shall be eligible for the reimbursement of travell ing, logging and boarding charges at the same rate as „ Incharge Accounts ‟ and „Accountants‟ of concerned soci ety are enti t led in accordance with respective T.A. Rules.
(9) In the case of delayed submission of audit report after the prescribed period in the notification, the remuneration payable to the cert if ied auditors shall be deducted at the rate of 10% per we ek.
13. The scales of audit fee under this notification shall be effect ive from the date of publication in the Madhya Pradesh Gazette.
89 Calculation Chart of Scales of Audit Fee (Annexure - I) S.
No.
Limit of Annual Business Average Business From to 100 lakh Levy of Audit fee S.
No.
From to 100 crores Levy of Audit fee Rate per Lakh Minimum Maximum Rate per Lakh Minimum Maximum
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 1 0-1 0.50 150/- - 75 20 125/- - - 2 1-2 1.50 150/- 150 225 21 125/- 12500 18750 3 2-3 2.50 150/- 300 375 22 100/- 20000 25000 4 3-4 3.50 150/- 450 525 23 100/- 30000 35000 5 4-5 4.50 150/- 600 675 24 100/- 40000 45000 6 5-6 5.50 150/- 750 825 25 100/- 50000 55000 7 6-7 6.50 150/- 900 975 26 100/- 60000 65000 8 7-8 7.50 150/- 1050 1125 27 100/- 70000 75000 9 8-9 8.50 150/- 1200 1275 28 100/- 80000 85000 10 9-10 9.50 150/- 1350 1425 29 100/- 90000 95000 11 10-20 15.00 150/- 1500 2250 30 100/- 100000 150000 12 20-30 25.00 125/- 2500 3125 31 75/- 150000 187500 13 30-40 35.00 125/- 3750 4375 32 75/- 225000 262500 14 40-50 45.00 125/- 5000 5625 33 75/- 300000 337500 15 50-60 55.00 125/- 6250 6875 34 75/- 375000 412500 16 60-70 65.00 125/- 7500 8125 35 75/- 450000 487500 17 70-80 75.00 125/- 8750 9375 36 75/- 525000 562500 18 80-90 85.00 125/- 10000 10625 37 75/- 600000 637500 19 90-100 95.00 125/- 11250 11875 38 75/- 675000 712500 Note: -Audit fee of a society, on annual business above 100 crores shall be levied @ Rs. 30/ - per lakh and after including minimum Rs. 7 .50 lakhs shall be recovered under the maximum l imit of Rs. 50 lakhs. But after inforcement of this notification addit ional audit fee shall be levied at the prescribed rate for the business of every new branch of the society.
90 FORM-A [See sub-rule (1) of Rule 4] Application for registration of a Society (To be submitted in duplicate)
1. Name of the proposed society ………………………………………
2. Address (vil lage, post office, block, tehsi l and district) ………
3. Form of l iabil i ty ……………………………………………………..
4. Area of operation …………………………………………………….
5. Objects …………………………………………………………………
6. Share Capital—
(a) Authorised………………………………………………………
(b) Value of different category of shares ……………………..
7. Number of persons who have agreed to join as members
8. Full name and address of the first signatory to the application
9. The applicants have elected the following person to the provisional committee which is to conduct the affairs of the society for a period of three months from the date of registration of the society or for such further per iod as the Registrar may permit in writ ing.
(1) ………………………………………
(2) ………………………………………
(3) ………………………………………
(4) ………………………………………
(5) ………………………………………
(6) ………………………………………
(7) ……………………………………… Under Section 7 of the Madhya Pradesh Co -operative Societies Act, 1960 (17 of 1961) we, the undersigned, being persons possessing the qualifications proposed for election to membership according to the bye -laws, four copies of which are enclosed, request that the society may be registered.
We declare that we belong*/do not belong to at least f ive different families defined in clause (i) of Section 2. ibid.
S. No. Name Father‟s name Age Profession Place of residence 91
(1) (2) (3) (4) (5) (6) No. of shares purchased Value of shares subscribed Value of shares paid up Signature or thumb impression Attestation of thumb impressions, if any
(7) (8) (9) (10) (11) 92 FORM B [See sub-rule (3) of Rule 7] Name of Society………………….
Registration No…………………… We hereby cert ify that—
(1) the period that has intervened between the date of notice and the date of general meet ing/adjourned general meeting at which the amendments have been passed is not less than the period required under the bye-laws of the society;
(2) the notice has been given to a ll the members in the manner required under the bye-laws of the society;
(3) the notice has been issued by an Officer empowered to do so;
(4) the date, hour and place of the meetings and the proposed amendments were mentioned in the notice; and
(5) the original copy of the notice and agenda are maintained in the records of the society.
Secretary Member of the Commit tee President ---------------------------------------------------------------------------------- *Strike off whichever is not applicable.
93 FORM C [See sub-rule (3) of Rule 7] Name of the society……………………….
Registration No…………………………….
(1) Total number of members in the society on the date of issue of notice of the general meeting ………………..
(2) Date of issue of notice ………………..
(3) Period of notice required to be given under the bye-laws of the society ………………..
(4) Date of general meeting at which the amendment was made ………………..
(5) Number of members present at the general meeting ………………..
(6) Number of members required to form a quorum………………..
Number of the bye-law No. & date of the resolution approving the amendment (true copy to be enclosed in each case) Name of proposer Original Amended
(1) (2) (3) (4) Name of seconder Two-thirds of the No. of members that are present at the meeting No. of members voting in favour of the amendment
(5) (6) (7) Secretary Member of the Committee President 94 FORM D [See sub-rule (4) of Rule 7] Name of the Society President……………………….
Registration No………………………………………….
Number of the bye-law Wording of the exist ing bye-Law Wording of the bye-laws as amended Reasons for amendment
(1) (2) (3) (4) Secretary Member of the Committee President Note:— Columns (1), (2) and (3) of this form should be fi l led in the language in which the original bye -laws of the society are maintained.
95 FORM E [See Rule 13] Whereas Shri …………………….son of……………… age ……………..
resident of ……………..Tahsil……………….. district……………. who is a student of ………………….and is not competent to contract under Section 11 of the Indian Contract Act, 1872 (IX of 1872);
And whereas the said Shri……………… (hereinafter called the student) has joined in the application for the registration of*/has a pplied to become a member of the society………………… to be formed */formed exclusively for the benefit of students;
And whereas under sub -section (3) of Section 19 of the Madhya Pradesh Co-operative Societies Act, 1960, such application should be accompanied by a wri t ten undertaking from the guardian of the said student or other person competent to contract under Section 11 of the Indian Contract Act, 1872 (IX of 1872):
Now, therefore, I……………….. son of ……………….resident of …………………….. tehsil …………….of…………….. distr ict , do hereby undertake that if the said student, who is wholly dependent upon me, fails to discharge any financial or other l iabil i t ies which he is required to fulfi l them being the member of the society as provided under the Madhya Pradesh Co - operative Societies Act, 1960, or causes, directly or indirectly, any loss of any description whatsoever to the society, through his default , negligence or in any manner whatsoever, being such member, I ……... . . . . . . . . . . . . shall fulfi l such l iabil i ty and make good such losses of any description whatsoever to the entire satisfaction of the society. I also agree that the decision of the Registrar, Co - operative Societies, Madhya Pradesh, or any officer authorised by him in this behalf in regard to whether loss has been sus tained or incurred to the extent of the loss so fixed by the Registrar or the officer, as the case maybe, shall be binding on me in the same manner and to the same extent as i t would have been enforceable upon the said student had he been major and compete nt to contract under Section 11 of the Indian Contract Act, 1872.
In witness whereof I have signed here under this …………….. day of …………….20………….
Witnesses- 1…………….
2…………… Signature of the guardian Dated …………………….
96 FORM-F [See sub-rule (1) of Rule 26] Whereas I,………………… son of……………. resident of …………… tehsil ………………..district…………………… * am/have become a member of more than one society dispensing credit , the names of which are given below :—
(1) ……………………….
(2) ……………………….
(3) ……………………….
I hereby declare, as required by sub-rule (1) of Rule 26 of the Madhya Pradesh Co-operative Societies Rules, 1962, that I shall borrow only from the……………………. society.
Witnesses— 1………………………….
2…………………………..
Signature Dated……………….
------------------------------------------------ --------------------------------------- * Strike off whichever is not applicable.
97 FORM-FF [See sub-rule (2) of Rule 50-A] Order Office of the Assistant /Deputy Registrar, Co -operative Societies No…………..……… Dated………………….
………….
………….
Subject: Levy of audit fee for the audit of accounts of the society for the cooperative year……………………..
In exercise of the powers conferred by Rule 50 -A of the Madhya Pradesh Co-operative Societies Rules, 1962, I assess the audit fee of Rs……………… (in words ) payable by the………………… Society …………… Registration No…………………. for the audit of i ts accounts for the co - operative year……………… as detailed below :— Please credit the amount in the nearest Government Treasury under head………………… within two months of the issue of thi s order and arrange to send a copy of the Treasury Challan to this office for record. Care may please be taken that the amount is not credited under any other head.
……………………………………….
Registrar, Co-operative Societies 98 FORM-G [See sub-rule (6) of Rule 41] Form of Nomination
1. Name of the Society ……………………..……………………….…
2. Registration No…………………………………….…………………
3. Name of the office for which candidate is nominated …………
4. Name of the candidate with Father‟s/Husband‟s name and full address ………………………………………………………………...
……………………………………………………………………….….
5. Serial number of the candidate in the voters l ist ……………….
6. Proposer‟s name and his serial number in the voter l ist ….….
7. Signature of the proposer with date ……………………………..
8. Name of the seconder and his serial number in the voters l ist . . .
…………………………………………………………………………..
9. Signature of the seconder with (and his) date………………….
10 Declaration under Section 50 -A (1-a) of the Act : - I……………….. father‟s name……………….. resident of …………… Member/ Delegate/Representative of………………… Society, S.No. of member‟s l ist …………………..hereby declare that I have not more than two living children one of whom is born on or after 26th January, 2001.
I hereby declare that I agree to this nominat ion.
Date…………………….. ……………………… (Signature of Candidate) Note.— If the candidate, proposer or seconder is a representative of any society, the name of the society he represents shall also be mentioned. If i tem nos. 1 and 2 are left blank the person receiving the nomination paper sh all f i l l up such blanks in his own hand -writ ing or by affixing a seal .
Serial Number ……………………… The form of nomination was delivered to me by Shri………………………….. on……………. (date), at……………. (time).
Date………………… ……………………..
(Signature of the person receiving of form of nomination) 99 FORM-H (See Rule 52) Application regarding reference of a dispute To The Registrar/Deputy/Assistant Registrar ………………….
1. Name, age, occupation and address ……………. Plaintiffs
2. Name, age, occupation and address ………… Versus
1. Name, age, occupation and address…………. Defendants
2. Name, age, occupation and address ………… Particulars of the claim or the facts consti tuting the cause of act ion and when i t arose :— The Plaintiff/Plaintiffs prays/pray as under : — In support of the above claim or relief sought I/we enclose documents and papers as per the l ist annexed hereto.
Date…………. (signed)…………… Plaintiff/Plaintiffs I/We ……………………….. Plaintiff/Plaintiffs declare that the facts stated above are true to the best of my/our knowl edge and belief.
Date…………… (Signed)…………..
(1)………………
(2)……………… Plaintiff/Plaintiffs
(3)……………… Note.-1. In case there are more plaintiffs or defendants their names, addresses, ages and occupations should also be mentioned.
2. When a society is a plaintiff , a copy of the resolution of i ts committee shall accompany the application.
3. In disputes relating to monetary claims, the plaintiffs should state the precise amount claimed but where this cannot be exactly ascertained the plaintiffs shall state the approximate amount claimed.
100 FORM I [See Rule 25-A (1)] Form of intimation of loan and advances to be sent to the Tahsildar S. No. Year Date of entry of Loan or advance in the ledger of loan of society Name of Member
(1) (2) (3) (4) Father‟s name Name of vil lage in which borrower resides Name of vil lage in which borrower holds land
(5) (6) (7) Amount of loan/advance/ advanced to the member Remarks Signature of the Chairman and Manager
(9) (9) (10) 101 FORM J [See Rule 25-A (2)] Form of intimation of Loans and Advances owing to be sent to the Tahsildar S. No. Year Date of entry of Loan or advance in the ledger of loan of society Name of Member Father‟s name
(1) (2) (3) (4) (5) Name of vil lage in which borrower resides Name of vil lage in which borrower holds land Amount of loan outstanding against the members on 30 t h June including interest as per demand register Remarks Signature of the Chairman and Manager
(6) (7) (8) (9) (10)