(a) Where a Government servant is a nominated or an ex officio member of the Committee of Management of a co-operative society, he shall not vote in me matter of election of an office-bearer or a delegate of thesociety.
(b) Where a member of the Committee of Management differs with the opinion of the majority, he may ask for recording his note of dissent in the proceedings of the meeting and such dissent shall be got suitably recorded in the proceeding by the person presiding over the meeting.
118. For the purpose of obtaining the opinion of the general body of a cooperative society under sub-section (1) of Section 35, the Registrar shall call a general meeting of the general body of the society, for which purpose he shall issue a notice to the members of the general body whose names have been intimated to him by the society or ascertained by him from the records. Non-receipt of the notice by any members shall not invalidate the proceedings of such meeting.
119. The general meeting of the general body called under Rule 118 shall be presided over by the Registrar and the proceedings of this general meeting shall be recorded on a separate sheet of paper and signed by him.
1{120. (1) Notwithstanding anything contained in these rules the quorum for a meeting under rule 118 shall be more than one-half of the total number of members of the general body and the proposal of the Registrar shall be considered to have been passed only if it has a majority support of two-third members present.
(2) The Registrar may dispense with the requirement of obtaining the opinion of the general body of a cooperative society under the proviso to sub-section (1) of Section 35 under the circumstances mentionedbelow-
(a) Where the records of the society pertaining to membership are incomplete or are not available;
(b) Where a meeting was called, but could not be held for want ofquorum;
(c) Where the Society has not sufficient funds to meet the expenditure of holding a meeting of the general body;
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(d) Where a meeting was called, but could not proceed with its business on account of disorder.
(3) Where the Registrar dispenses with the requirements of obtaining the opinion of the general body of the society under sub-rule (2) he shall record the fact together with reasons for dispensing with the opinion of the generalbody.}
121. Where an administrator is appointed under sub-section (3) or sub-section
(4) of Section 35, he shall exercise all the powers of the Chairman under the Act, rules and thebye-laws.
122. The remuneration payable to administrator or administrators appointed under sub-section (3) or sub-section (4) of Section 35 and shall be such as the Registrar may, from time to time, determine and the same shall be payable from the funds of thesociety.
123. The expenses incurred in connection with the management of the cooperative society by the committee, administrator or administrators appointed under sub- section (3) or sub-section (4) of Section 35, shall be payable from the funds of the society.
CHAPTER IX-A {Notification No. 2311/49-1-97-7(10)-1995 T.C. dated 13-11-1997 (U P Co-operative Societies thirty third amendment Rules 1997)} Committee of Administrators
123A. A meeting of the Committee of Administrators of a cooperative society shall be held only at the headquarters of thesociety.
123B. The Managing Director or the Secretary, as the case may be, shall convene the meeting of the Committee of Administrators hereinafter in this Chapter called the Committee, and the notice of such a meeting shall be given by him in accordance with the provisions of the Act, the rules or the bye-laws of the society made thereunder relating to the Committee of Management.
123C. Any three members of the Committee may requisition the meeting of the said Committee.
123D. The quorum for a meeting of the Committees shall be more than one-half of the total number of members of the Committee, or three members, whichever is greater.
123E. Generally seven days notice shall be necessary for convening the meeting of the Committee but in case of an emergent meeting three days notice shall be sufficient. In both cases the agenda of the meeting shall be sent along with such notice.
123F. The Chairman of the Committee or in his absence a member, elected by the members present at the meeting shall preside over the meeting:
Provided that no person shall preside over or participate in a meeting when matters in which he has a personal interest are to be discussed,
123G. The person presiding at the meeting shall conduct the proceedings in such a manner as may be conducive to, expeditious and satisfactory disposal of business and shall decide all points of order at the meeting.
123H. No meeting of the Committee shall be held or proceeded with unless the members required to form a quorum are present.
123I. When a meeting has been adjourned for want of quorum, the adjourned meeting may be held with the participation of not less than three members.
123J. In the meeting, the subjects shall be taken up for consideration in the order as mentioned in the agenda unless the person presiding over the meeting agrees to change the order with concurrence of the majority of the members present.
123K. All matters in a meeting shall be decided in the form of a resolution by a majority of votes of the members present.
123L. In case of equality of votes the person presiding over the meeting shall have a second or casting vote.
123M. If the Committee is divided on a resolution, any Administrator of the said Committee may demand a poll. When a poll is demanded, the person presiding over the meeting may put the resolution to vote and the voting may be by show of hands.
123N. If all the business of the agenda can not be transacted on the date on which meeting is held, the meeting may be postponed for any other day as maybe decided by the members present in the meeting.
123O. A copy of the notice and the agenda of the meeting when so required by the Registrar, by general or special order shall be sent to the Registrar.
123P. The Registrar for reasons to be recorded may direct the Committee to postpone the consideration of any item of agenda. Any decision of the meeting taken in contravention of such a direction shall be invalid andinoperative.
123Q. The minutes of the proceedings shall be recorded in a book to be kept for the purpose and shall be signed by the person presiding at the meeting as well as by the Managing Director or the Secretary, as the case may be, of thesociety.
123R. No honorarium shall be paid to the Chairman or any member of the Committee.
123S. A member of the Committee shall get travelling allowance from his own society for attending the meeting of the Committee and Rules 386, 387 and 388 of the said rules shall mutatis mutandis apply to the members of the Committee in regard to the travelling and daily allowances.
123T. In the conduct of the affairs of a cooperative society every member of the Committee shall exercise prudence and diligence of an ordinary man of business, shall not perform any act contrary to the provisions of the Act, rules or the bye-laws of the society and shall not default in the performance of the duties entrusted under the Act, the rules or the bye-laws of the society.
CHAPTER X Secretary