(1) Where the size, spread or type of membership of a society is such that it is either very cumbersome to convene a meeting of the general body or no fruitful deliberations are possible in such meeting, the bye-laws of the society may provide for constitution of a Delegate General Body.
1 Substituted by G.S.R. 53 dated 10.7.2017, published in Raj. Gazette E.O. part 4 (x)(I) dated
10.7.2017, come into force at once.
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(2) Number of members shall 1[not be less than 30] and not more than 300 in a Delegate General Body.
(3) No Delegate General Body shall be constituted in a society having membership less than 500.
(4) For the purpose of constituting a Delegate General Body membership of a society may be divided into different groups on a territorial or any other suitable basis. The bye-laws of such a society may specify the number or proportion of the members of the committee who may be elected to represent each group on the committee and may specify that such representative may be elected :-
(a) by all members of the society; or
(b) by only that particular group of members of the society to which such representative belongs.
(5) The wards or groups for the purpose of constituting the Delegate General Body shall be decided by the committee of the society with the approval of the Registrar.
1[(6) The elections for the Delegate General Body shall be conducted in the manner prescribed in the bye-laws:
Provided that in societies where election to the committee is to be conducted by the State Co-operative Election Authority as per the provisions of section 33 read with rule 45 of these rules, such elections for the Delegate General Body shall be conducted under intimation to the State Co-operative Election Authority. The Authority may appoint an observer for elections to the Delegate General Body of such society and 1 Substituted by G.S.R. 53 dated 10.7.2017, published in Raj. Gazette E.O. part 4 (x)(I) dated
10.7.2017, come into force at once.
35 may issue such other directions as it deems necessary in the interest of conducting the elections in a fair and transparent manner.]
(7) Elections to the Delegate General Body shall be conducted before every election to the Committee and the Delegate General Body so constituted shall remain in office till the elections are held for the next Delegate General Body.
30. General Meeting -
(1) Every society shall within a period of three months next after the date fixed for making up its accounts for the year under the rules for the time being in force, call a general meeting of its members.
(2) All general meetings of a society shall be convened by the Chief Executive Officer or any other officer authorised by and under the bye-laws to convene such meetings under intimation to the Registrar, who may attend such meetings or authorise some persons to attend such meetings on his behalf. The Chairman of the society or in his absence the Vice-Chairman or, in the absence of both, a member elected by the members present at the meeting shall preside over the meeting.
(3) Unless otherwise provided in the bye-laws, a notice of the meetings stating the place, date and hour of the meeting together with a statement of business to be transacted, shall be sent to every member seven clear days before the date of the meeting in the manner provided in the bye-laws.
(4) (i) Unless otherwise provided in the bye-laws, the quorum for the general meeting shall be one-fifth of the total number of the members subsisting on the date of a notice of the general meeting.
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(ii) No general meeting shall be held or proceeded with unless the number of members required to form a quorum is present.
(iii) If the general meeting cannot be held for want of quorum, it shall be adjourned to a later hour on the same day as may have been specified in the notice calling the meeting or to a subsequent date not earlier than seven days and not later than 15 days and at such adjourned meeting the business on the agenda of the original meeting shall be transacted whether there is a quorum or not:
Provided that if within an hour from the time appointed for the meeting no quorum is formed, in case of a meeting called on the requisition of members under subsection (1) of section 26 the meeting shall not be adjourned but dissolved.
(5) The Chief Executive Officer or any other officer convening the meeting shall read out the notice convening the meeting and the agenda for the meeting and then the subjects shall be taken up for consideration in the order in which they are mentioned in the agenda unless the members present, with the permission of the Chairman agree to change the order. Unless otherwise specified in the Act, these rules and the bye-laws, the resolutions will be passed by a majority of the members present.
(6) When the members are divided on any resolution, any member may demand a poll. When poll is demanded, the Chairman shall put the resolution for vote.
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(7) Voting may be by show of hands or by ballot as may be decided by the members present at the meeting, unless otherwise specified in the bye-laws.
(8) When voting is to be by ballot, the Chairman shall take necessary steps for the issue of ballot papers and counting of votes.
(9) The result of voting shall be announced by the Chairman.
(10) If all the business in the agenda cannot be transacted on the date on which the general meeting is held, the meeting may be postponed to any other suitable date not later than 7 days from the date of the meeting as may be decided by the members present at the meeting.
(11) The remaining subject or subjects on the agenda shall be taken up for consideration at the postponed meeting.
(12) No resolution regarding expulsion of a member of the society, removal of a member of the committee or amendment of byelaws shall be brought forward in any general meeting unless due notice thereof is given in accordance with the provisions of the Act, these rules and the bye-laws of the society.
(13) (i) Every society shall cause minutes of the proceedings of general meetings to be entered in a book kept for that purpose.
(ii) Unless the minutes are drawn up and are duly signed by the Chairman immediately on the termination of the meeting, the minutes free from all alteration or corrections shall be drawn up and shall be signed by the Chief Executive Officer and the Chairman within 72 hours from the time when the meeting terminated.
38 The minutes so signed shall be the evidence of the proceedings of that meeting.
(iii) Until the contrary is proved, every general meeting of a society, in respect of the proceedings whereof minutes have been so recorded, shall be deemed to have been duly called and held.
(14) In the event of disorder, the chairman may suspend the meeting and adjourn it to such date or time as he may fix as provided in clause (iii) of sub-rule (4).
31. Power to call annual and special general meeting - Notwithstanding anything contained in these rules or bye-laws of a society as to the mode of summoning a general meeting and the period of notice to be given for the said purpose, the Registrar or any other person authorised by him in this behalf may call the annual general meeting or special general meeting as the case may be, if the annual general meeting of the society is not called in accordance with the provisions of section 25 or if the Committee of society or an officer authorised in this behalf fails to call a special general meeting in accordance with the provisions of section 26 in such manner and at such date, time or place as he may direct and may specify what matters shall be discussed in the meeting. The Registrar or the person authorised by him in this behalf shall have all the powers and functions of the officer of the society authorised to convene such annual or special general meetings, under its bye-laws and preside at such meeting and exercise all the powers and perform all the duties of the Chairman of a meeting including the power to adjourn the meeting to a date to be specified by him but shall have no vote unless he is a member of the society. In the event of equality of votes, the question shall be decided by draw of lots.
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32. Appointment of Committee -
(1) Subject to the provisions of the Act, and these rules, the committee of a society shall be constituted in the manner provided in the bye-laws.
1[(2) The quorum for a meeting of the committee shall be as specified in the bye-laws but shall not be less than fifty percent of the total members of the committee subsisting at the time of such meeting or seven members, whichever is more.]
(3) The Registrar or any other authority competent to register a society other than a financial bank, shall be the specified authority to nominate as members of the Committee on behalf of the Government under section 29.
2[(4) Where a casual vacancy occurs in the committee of a society and at the time of occurrence of such vacancy, the remaining term of the committee is less than half of the total term for which it was elected, the committee may fill such vacancy by co-option out of the same class of members in respect of which the vacancy has arisen:
Provided that no such co-option shall be valid unless, -
(i) all the sitting members of the committee and the Registrar have been served a notice of 15 days for the meeting of the committee having an agenda of the proposed co-option;
(ii) the resolution of co-option is passed with a simple majority in the scheduled meeting of the committee having the necessary quorum for such meeting and in which not less than six elected members are present; and 1 Substituted by G.S.R. 53 dated 10.7.2017, published in Raj. Gazette E.O. part 4 (x)(I) dated
10.7.2017, come into force at once.
2 Added by G.S.R. 53 dated 10.7.2017, published in Raj. Gazette E.O. part 4(x)(I) dated 10.7.2017, come into force at once.
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(iii) the resolution of such co-option is approved by the Registrar.]
33. Disqualification for representation -
(1) No society shall elect any member as its delegate to represent the society in another society or to the committee of another society, who suffers from any of the disqualifications laid down in rule
34.
(2) A delegate of a society sitting on the committee of another society or representing it in another society shall cease to hold his office;
(a) if he suffers from any of the disqualifications laid down under rule 34;
(b) if he ceases to be a member of the society from which he is a delegate; or
(c) if the society which elected him as a delegate withdraws him or elects another delegate in his place; or 2[(d) if, for whatever reasons, he ceases to be the chairperson of the society from which he was elected as its delegate or whom he is representing; or
(e) if the committee of a society which elected him has been removed under the provisions of the Act and an Administrator is appointed, the Administrator so appointed shall represent the society in place of the Chairperson so removed; or
(f) if he had been appointed as an administrator under the provisions of the Act and the order of the appointment of 2 Substituted by G.S.R. 53 dated 10.7.2017, published in Raj. Gazette E.O. part 4 (x)(I) dated
10.7.2017, come into force at once.
41 administrator has been set aside by a competent authority under the provisions of the Act; or
(g) if the registration of the society of which he is a delegate is cancelled or orders for winding up of the society have been issued.]
34. Disqualification for membership of Committee -
(1) No person shall be eligible for election 1[co-option, nomination] or appointment as a member of the committee of a cooperative society 1[or for continuing as its member] if he suffers from any of the disqualifications mentioned in the Act, or if,
(a) he is, in the opinion of the Registrar, persistently and deliberately committing breach of the co-operative discipline with reference to linking up of credit with co-operative marketing or co-operative processing, or
(b) he has, directly, or indirectly, any interest in any subsisting contract made with the society or in any property sold or purchased by the society or in any other transaction of the society, except in any investment made in, or any loan taken from, the society; or
(c) he is an employee of the Central or the State Government;
(d) he is a paid employee of a local authority, board, corporation, or any other body constituted by the State or the Central Government under any law for the time-being in force; or 1 Inserted by Notification No. F. 12(1) Coop/ 2011dated 14.9.2011, pub. in Raj. Gazette E.O. part 4
(x)(I) dated 19.9.2011 with immediate effect.
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(e) he is a paid employee of a society unless the society is composed exclusively of such paid employees of societies;
(f) is or becomes of unsound mind;
(g) he has been convicted of an offence under Protection of Civil Rights Act, 1955 (Central Act No. 22 of 1955)
(h) he has been convicted of a offence punishable under the Rajasthan Prevention of Mirtyu Bhoj Act, 1960.
Provided that a government employee shall be eligible for appointment as a member of the committee of a society composed exclusively of government employees; or as a nominee of the Government or any authority specified by the Government in this behalf under section 29, or as a nominee of the Government or the Registrar under the authority given by the bye-laws, or is a representative of such a society of which all the members are government employee.
1[(2) No member of a society shall be eligible to be elected, appointed, nominated or co-opted in the committee of a co-operative society, unless be has passed, -
(i) class V from a school, in case of a primary dairy society, a weavers' society or a women's co-operative society; and
(ii) class VIII from a school, in case of a primary level agricultural credit society, a consumer society, a housing society, a farming society, a marketing society, an urban cooperative bank, a primary land development bank, a credit society, a salary earners' society, a co-operative union or a central or an apex level co-operative society :
1 Inserted by G.S.R. 53 dated 10.7.2017, published in Raj. Gazette E.O. part 4 (x)(I) dated 10.7.2017, come into force at once.
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Provided that the above disqualification shall not be applicable on a member of a committee elected before commencement of the Rajasthan Co-operative Societies (Amendment) Rules, 2017.]
2[(3)] A member of a society who carried on business of the kind carried on by his society, shall not be eligible to be a member of the committee of that society without the general or special sanction of the Registrar. Where any person not eligible to be a member of the committee without general or special sanction of the Registrar is elected to be a member of such committee without the sanction of the Registrar, he shall cease to be a member of the committee on receipt of a written requisition by the Committee in that behalf from the Registrar.
2 Re-numbered by G.S.R. 53 dated 10.7.2017, published in Raj. Gazette E.O. part 4 (x)(I) dated
10.7.2017, come into force at once.
44 1[(4)] A member of the committee of a society shall cease to be such member if he incurs any of the disqualifications mentioned in subrule 2[(1) or (3)] or incurs any of the disqualifications specified by the Act or ceases to be member of the society (unless he is a member nominated by the Government).