(1) Where a member of a co-operative society ceases to be such member, the value of his share or interest in the share capital of the society to be paid to him or his nominee, heir, or legal representative, as the case may be, shall be equal to the actual amount paid by the member to thesociety.
(2) Where a person is allotted a share by a co-operative society or where a share is transferred by a member of a co-operative society and such transfer is approved by the Committee of Management of the society, payment required to be made in respect of such allotted or transferred share shall not exceed the face value of the share.
CHAPTER VII Constitution of General Body of Co-operative Societies
83. Ordinary or sympathiser members of a co-operative society shall -
(i) if individuals [including curators of lunatic members and legal guardians of minor members referred to in Section 80 and sub-section (2) of Section 81] be represented on the general body of the society personally or through delegates in accordance with the provisions of therules,
(ii) if other than individuals, be represented on the general body of the society according to the provisions of clauses (b) and (c) of Section20.
1{84. [*]} 2{84A. The General body of co-operative society shall in the following cases be constituted-
(1) by delegates of itsmembers-
(a) where the society has as its members individuals, and other persons referred to in clauses (c) to (f) of sub-section (1) of section 17 of the Act, if any and the area of operation of the society extends to more than one revenuedistrict,
(b) where the society has as its members co-operative societies and the persons referred to in clauses (c) to (f) of sub-section (1) of Section 17 of the Act, if any,
(2) by all the individual members and any delegates of other members of the society-
(a) where the society has as its members-
(i) individuals,and
(ii) at least one co-operative society,and --------------------------------------------------------------------------------------------------------- 1- Omitted by Notification No. 2700/49-1-94-7 (1)-94 dated 15.07.1994 2- Notification No. 776/49-1-13-8(39)-13 dated 04-04-2013
(iii) other persons referred to in clauses (c) to (f) of sub-section (1) of Section 17 of the Act, if any,
(b) where the co-operative society has as its members individuals and other persons referred to in clauses (c) to (f) of sub-section (1) of Section 17 of the Act, if any.
(3) in the case of Consumer Co-operative Societies, Cane Co- operative Societies and Co-operative Sugar Factory Societies by delegates of their members where the number of individual members and other persons referred to in clauses (b) to (f) of sub-section (1) of section 17 of the Act if any is 1,500 or more.
(4) by delegates of its members where the society has its members individuals, the number whereof exceeds 1500 (one thousand five hundred) and the area of operation of the society extends to more than one revenue district:
Provided that the number of such delegates shall not in, any case, exceed one hundred.However this restriction shall not apply in the case of cane cooperative society and co-operative sugar factory societies in which the number of delegates shall be in accordance with their byelaws,but shall not in any case exceed one thousand five hundred.
Explanation. - The term "member" used in this rule shall include an ordinary member and a sympathiser member but shall not include a nominal or an associate member.}
85. Where a co-operative society is affiliated to any other society, the former may except in the case of societies referred in Rule 85-A appoint any one or more persons as may be specified in the bye-laws of the affiliating society as delegates to represent in the general body of the latter society:
Provided that no person shall be appointed as delegate unless he is a member of the general body of the former society and does not suffer from any of the disqualifications laid down for delegates in the rules and the bye-laws of thesociety:
Provided further that where the latter co-operative society provides for reservation of seats for weaker-section women in the committee of management for the former society shall out of the number of delegates to be appointed to the general body of the latter society, appoint at least one delegate from weaker section-women, as the case may be.
1{ 85A. The following societies may have delegates as follows:-
(a) The District/Central Co-operative Bank may have delegates in general body from each member asfollows:-
(i) PrimaryAgricultural..... Six CreditSociety
(ii) BlockUnion ..... Four
(iii) MarketingSociety ..... Four
(iv) DistrictCo-operative..... Two Federation
(v) District Wholesale..... Two ConsumerStore
(vi) Anyothersociety ..... Two
Provided that in (i) to (vi) above at least one delegate each shall be from Scheduled Caste or Scheduled Tribes.
Provided further that a Primary Agricultural Co-operative Credit Society shall send at least one professional person out of six delegates to fulfil the requirement of sub-section (8) of Section 29.
(b) The District Co-operative Federation may have delegates in the general body as follows:-
(i) MarketingSociety ..... Four
(ii) BlockUnion ..... Four
(iii) ProcessingSociety ..... Four
(iv) Anyothersociety ..... Two ---------------------------------------------------------------------------------------------------------------------- 1-Notification No. 395/49-1-10-8(111)-08 dated 24.03.2011 (U P Co-operative Societies forty seventh amendment Rules 2011)
Provided that at least one delegate each shall be from Scheduled Castes or Scheduled Tribes.
(c) The District Wholesale Consumer Store may have three delegates from each member society in its general body provided that in the case of primary consumer store at least one of the delegates be awoman.
(d) Marketing or Processing Societies may have delegates from each member society in their general body as follows shall be from scheduled:-
(i) Primary Agricultural Credit Society Six
(ii) Any Other Society Two
Provided that one of the delegates shall be a member belonging to Scheduled Castes or Scheduled Tribes.
(dd) Block Unions may have delegates in their general body from each member society equal to the number of Gram Sabhas falling in the area of operation of each member society.
(e) A co-operative society not covered in clause (a) to (dd) may have delegates from each member society in accordance with the bye-laws of the society and in the absence of such provisions in the bye-laws of the society the number of delegates shall be in accordance with the direction of the Registrar:
Provided that every member of the Central/District Cooperative Bank shall send three delegates to the general body of the Uttar Pradesh Cooperative Bank of which one shall be from the weaker section or woman and one shall be from professional person to fulfil the requirement of sub-section (8) of Section 29.
(f) Where the general body of a co-operative society consists of delegates of individual members the number of delegates of individual members shall be such as may be provided in the bye-laws of the society and in the absence of such provision in the bye-laws of the society the number of delegates shall be in accordance with the direction of Registrar.}
86. No co-operative society shall appoint any person as its delegate to represent the society in another co-operative society, if the person suffers from any of the disqualifications laid down in any of the clauses (a), (b), (c), (d), (e), (f), (g), (i),
(j), (k), (l), (m), (n) and (o) of sub-rule (1) of Rule453.
1{86A. [* * } 2{87. A person who is already a delegate of a co-operative society shall cease to be such delegate, if-
(i) he incurs any disqualification referred to in Rule 86;or
(ii) he ceases to be a member of the society from which he is a delegate; or
(iii) the society of which he is a delegate, ceases to be a member of the society in which he is represented; or
(iv) he ceases to be a member of the society which was a member of such society by which he was elected as a delegate to another co-operative society;or
(v) he ceases to hold the office by virtue of which he was a delegate of the society in terms of the bye-laws of the society;or
(vi) the society of which he was delegate is wound up under Section 72;or
(vii) the society he represents is amalgamated with any other co-operative society or societies;or
(viii) the society he represents is divided into two or more societies;or
(ix) he resigns his office as delegate.]
3{ (x) he is withdrawn by the Committee of Management or interim Management Committee or administrator or Committee of administrator appointed by the Registrar under section 29 or section 35:
------------------------------------------------------------------------------------------------------- 1- Omitted by Notification No. 2700/49-1-94-1-94-7 (1)-94 dated 15.7.1994 2- Notification No. 1605/49-1-2017-08(56)-13 dated 08-09-2017 (U P Co-operative Societies fifty third amendment Rules 2017) 3- Notification No. 2018/49-1-2019-122(misc)-2018 dated 28-11-2019 (U P Co-operative Societies fifty seventh amendment Rules 2019)
Provided that if a delegate is withdrawn under this clause the Committee of Management or the Interim Management Committee the Administrator or the Committee of Administrators appointed by the Registrar under section 29 or section 35 shall have the power to appoint an eligible member of general body of the society as delegate in his place.} 1{87A. (1) A person who is already a delegate of a Co-operative Society shall cease to be such delegate, if-
(i) he is withdrawn by the Committee of Management: or
(ii) his delegation is cancelled by Registrar for any of the disqualifications mentioned in rule 453, or
(ii) he incures any of the disqualifications mentioned under section 8 of the Representation of the People Act, 1951.
(2) If a person ceases to be a delegate under the provisions of sub-rule (1) the Committee of Management may appoint a new person as a delegate in his place.} 2{88. Where the State Government, the Central Government, the State Warehousing Corporation, a society registered under the Societies Registration Act of 1860, a company or other body corporate registered or incorporated under any other law for the time being in force, is member of a co-operative society, it may appoint a person or persons as its delegate to represent it on the general body of the society by an order of competent authority or by a resolution of the general body, executive committee or of any other competent authority, as the case maybe:
Provided that the qualification of such person to be appointed as delegate shall be such as mentioned in the Representation of the People Act, 1951 for the election of the members of Legislative Assembly.} --------------------------------------------------------------------------------------------------------- 1- Notification No. 2018/49-1-2019-122(misc)-2018 dated 28-11-2019 (U P Co-operative Societies fifty seventh amendment Rules 2019) 2- Notification No. 395/49-1-10-8(111)-08 dated 24.03.2011 (U P Co-operative Societies forty seventh amendment Rules 2011) 1{ 89. A delegate once elected/appointed on the general body of a co-operative society shall continue to hold that office until either the body he represents elects/appoints another delegate in his place or he incurs any of the disqualifications mentioned in Rule 87 or forfeits his right to hold that office by virtue of the provision of the bye-laws of the co-operative society which he represents or in which he is represented.
Provided that if at the time of election of Chairman/Vice-Chairman/delegates, a society fails to elect the new delegate to represent the society, the already elected delegates in the previous election will continue in the General Body of the society, but he will not be eligible to contest or to vote in the election of the society concerned.} ---------------------------------------------- --------------------------------------------------------------------------------------------------------- 1- Notification No. 1605/49-1-2017-08(56)-13 dated 08-09-2017 (U P Co-operative Societies fifty third amendment Rules 2017)
CHAPTER VIII Meetings
90. Every Co-operative Society shall hold its Annual General Meeting once in every cooperative year. Such meeting shall be held, as soon as may be, after the annual returns have been submitted and its accounts have been audited under Section 64, but not later than 30th November in case of primary societies and not later than 31st December in case of Central and Apex Societies:
Provided that the Registrar may for reasons to be recorded, allow any society to hold its Annual General Meeting beyond November 30 or December 31, as the case may be, and in that case the Annual General Meeting shall be held within the period so extended.]
91. Where the Annual General Meeting of a co-operative society has in any year been held under Rule 90 before its accounts have been audited, the consideration of the matters mentioned in clauses (c), (d) and (f) of sub-section (1) of Section 32 shall be taken up in the next Annual General Meeting of thesociety.
92. For the purpose of consideration of the audit report of the previous co-operative year under clause (a) of sub-section (1) of Section 32 of the audit certificate shall be put up before the Annual General Meeting along with a summary of themain observations, objections and remarks in the audit report summary of which shall be prepared in the manner provided under Rule 93. The complete audit report shall be open to inspection of the members of the general body of the society in the office of the society during working hours after issue of the agenda and tall the date of the Annual GeneralMeeting.
93. The summary of the audit report referred to in Rule 92 shall, with the assistance of the Secretary of the society, be prepared by the Committee of Management of society or where the bye-laws of the society so provide by a special committee constituted for the purpose, in which case the summary shall be examined and approved by the Committee of Management before it is placed before the annual generalmeeting.
94. Nothing contained in Rules 92 and 93 shall prejudice the right of a member to draw the attention of the general body to any material point which has been omitted from the summary of the audit report and the general body may call for the audit report and discuss that particularissue.
95. A meeting of the general body or of the Committee of Management or of the Executive Committee of a co-operative society shall be held only at the headquarters of the society.
Explanation. - The term "executive committee" shall mean any committee or subcommittee constituted by the Committee of Management to which all or any of the powers or functions of the Committee of Management are delegated.
96. Notice of a meeting shall be given in accordance with the provision of the Act, the rules or the bye-laws of the society.