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Section 127

The Uttar Pradesh Co-operative Societies Rules,1968State Rules of Uttar Pradesh · 1966

(1) Pending appointment of a Secretary under Rule 125 or 126, the Committee of Management of the society may, subject to the provisions of Section 120 and the regulations framed under Section 121 or 122, appoint any suitable person as Officiating Secretary.

(2) The Officiating Secretary appointed under sub-rule (1) shall hold office for a period not exceeding six months or until the appointment of a Secretary under Rule 125 or 126, whichever is earlier.

128. The Committee of Management of co-operative society may under subsection

(3) of Section 31 appoint subject to the provisions of Rules 124 and 125 one or more persons to assist the Secretary, if such appointment is necessitated by the workload being so heavy that the Secretary alone is unable to perform his functions and discharge his duties efficiently and the society is able to bear the financial burden involved in such appointment. The person or persons so appointed shall work under the overall control, guidance and supervision of the Secretary.

129. The Secretary of a co-operative society shall not be a member of the Committee of Management of the society and shall have no right to vote even if he is a member of any other committee or sub-committee constituted under the rules or bye-laws of the society, where such a committee or, sub-committee includes a member of the general body or of the Committee of Management of the society. 130. (1) Where the Secretary of co-operative society is of the opinion that-

(a) a resolution passed by the Committee of Management, or the general body of the society;or

(b) any order passed by an officer of a co-operative society, is not covered by the objects of the society, or is in contravention of the provision of the Act, the rules or the bye-laws of the society and that in case the implementation of such resolution or order is not stayed the order of annulment of the resolution or cancellation of the order which may eventually be made by the Registrar under section 128 will become infructuous, the Secretary shallforthwith-

(i) move the Chairman of the society in writing to refer the matter tothe Registrar for hisdecision:

Provided that where the Chairman fails within three days of the receipt of Secretary’s request to make the reference to the Registrar or to direct, in writing, the Secretary to make such reference, the Secretary may himself refer the matter to the Registrar for decision;

(ii)pending reference to and receipt of the decision of the Registrar, withhold the implementation of the resolution or the order, as the case may be, where the Secretary is satisfied for reasons to be recorded, that such a course is necessary in the interest of the society.

(2) The Registrar shall, as soon as may be, but not later than thirty days after receipt of the reference under sub-rule (1) examine the matter and if he decides the resolution or order referred to him by the Secretary-

(a) is not covered by the provisions of Section 128, he shall direct the resolution or order to become operative and the Secretary shall accordinglycomply;

(d) is covered by the provisions of Section 128, he shall direct the Secretary to continue to withhold implementation of the resolution or order, as the case may be, pending action under Section 128 and the Secretary shall actaccordingly:

Provided that before passing such order the Registrar shall require the Society to reconsider such resolution or order, as the case may be.

(3) Where no intimation of the decision taken by the Registrar has been received by the Secretary within thirty-five days of the date on which the reference was made, the Secretary shall not further withhold the implementation of the resolution or the order, as the case maybe.

131. Nothing contained in Rule 130 shall prejudice the right of the Registrar to take action under Section 128, suomotu.

131A. The Committee of Managem

Where this provision sits

ActThe Uttar Pradesh Co-operative Societies Rules,1968
Section127
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

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