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Start Free TrialKarnataka Souharda Sahakari Act, 1997 Chapter V
Title: Accounts, Audit and Inquiry
State: Karnataka
Year: 1997
.....inquiry, if satisfied that any or all of the office bearers or directors or Chief Executive is or are responsible for any payment contrary to the Act, rules or the bye-laws and has or have caused loss or deficiency in the assets of the Co-operative by breach of trust or negligence or has or have misappropriated or fraudulently retained any money or property belonging to such Co-operative, without prejudice to any civil or criminal proceedings to which they may be liable, may direct the board to convene the general meeting within such reasonable time as the Federal Co-operative or the Registrar, as the case may be, specify to discuss the findings of the inquiry report and for initiating necessary action against the concerned. ______________________________________ 1. Substituted by Act 21 of 2004 w.e.f. 31.3.2004. Section 37 - Action on inquiry Report 1[The Registrar], as the case may be, after such inquiry, if satisfied that any or all of the office bearers or directors or Chief Executive is or are responsible for any payment contrary to the Act, rules or the bye-laws and has or have caused loss or deficiency in the assets of the Co-operative by breach of trust or.....
View Complete Act List Judgments citing this sectionKarnataka Souharda Sahakari Act, 1997 Section 32
Title: Maintenance of Records, Accounts, Etc
State: Karnataka
Year: 1997
(1) Every Co--operative shall maintain at its registered office the following, namely:-- (a) a copy of the Karnataka Souharda Sahakari Act, 1997 with upto date amendments; (b) registration certificate and registered bye--laws and the amendments registered from time to time in original; (c) a copy of the bye--laws of the Federal Co--operative and each of its subsidiaries, if any; (d) a register of members with details regarding voting rights for the current year updated within thirty days of closure of the year and the memberwise use of various services; (e) accounts of all sums of money received and expended by the Co--operative and its branch, if any, and purposes; (f) accounts of all purchases and sales of goods by the Co--operative; (g) accounts of the assets and liabilities of the Co--operative; (h) the minutes book (i) copies of the board resolution; and (j) annual report and audit report and where a Co--operative has branch office, accounts and records related to such branch. (2) Copies of the resolutions of the board and general meetings, voters list, bye--laws, statement of annual accounts and such accounts relating to a member, shall be made.....
View Complete Act List Judgments citing this sectionKarnataka Souharda Sahakari Act, 1997 Chapter IV
Title: Management of Co--operative
State: Karnataka
Year: 1997
..... (a) unless he needs the services of the Co--operative and accepts the responsibility of membership and is competent to contract under the Contract Act, 1872 (Central Act IX of 1872); (b) if he conducts any business, such business being in conflict or competition with the business of the Co--operative as specified in the bye--laws; and (c) unless he fulfills such other conditions as may be specified in the bye--laws of the Co--operative: Provided that after the registration of a Co--operative, the members shall be admitted only by the elected board. (2) No person shall be eligible to continue as a member if such person,-- (a) has not used the services of the Co--operative for two consecutive years to the minimum level specified in the bye--laws; or (b) has not attended three consecutive general meetings of the Co--operative and such absence has not received the consent of the general body; or (c) is in default regarding any payment to be made to the Co--operative exceeding an amount and for a period specified in the bye--laws. (3) If a question arises as to the eligibility or otherwise of a person to become a member or to continue as a member, the board shall.....
View Complete Act List Judgments citing this sectionKarnataka Souharda Sahakari Act, 1997 Section 34
Title: Furnishing Information
State: Karnataka
Year: 1997
Section 34 - Furnishing Information Before 31st October of every year, a Co-operative shall furnish the following information to the1[and in the case of Co-operative Bank also to the Reserve Bank] namely:-- (a) annual report of activities of the previous year and programme for the ensuing year; (b) audited statement of accounts; (c) plan for disposal of surplus as approved by the general body; (d) list of directors and their terms of office; (e) list of amendments to the bye-laws of the Co-operative; and (f) declaration regarding the date of conducting the general body meeting and elections, if any. ______________________________________ 1. Inserted by Act 21 of 2004 w.e.f. 31.3.2004.
View Complete Act List Judgments citing this sectionKarnataka Souharda Sahakari Act, 1997 Section 23
Title: General Body
State: Karnataka
Year: 1997
.....Any reference in this Act to the general body shall apply to the representative general body also. (3) Subject to the other provisions of this Act, rules and the bye--laws, the following matters shall be dealt with by the general body namely:-- (a) consideration of the annual report presented by the board; (b) appointment and removal of auditors, Chartered Accountants and internal auditors; (c) consideration of the auditor's report and audited statement of accounts; (d) consideration of audit compliance report; (e) disposal of net profit; (f) review of operational deficit, if any; (g) approval of the long term perspective plan and the annual operational plan; (h) approval of the annual budget; (i) creation of specific reserves and other funds as specified in the bye--laws; (j) review of actual utilisation of reserve and other funds; (k) election of directors of the board; (l) removal of directors of the board and filling up of casual vacancies; (m) report on action taken on inquiry report under section 37, if any; (n) report on membership of the Co--operative in other Co--operatives; (o) review of annual report and accounts of any organisation.....
View Complete Act List Judgments citing this sectionWest Bengal Law Clerks Act, 1997 Complete Act
State: West Bengal
Year: 1997
.....this Act, and also includes such other authority or authorities as may be prescribed; (d) "prescribed" means prescribed by rules made under this Act; (e) "right to act" means the right to do one or all of the following acts: (i) to accept employment under an advocate to assist him in the work of his legal profession or to enter into an agreement with an advocate for the purpose of assisting him in the work of his legal profession; (ii) to present application signed by an advocate of the parties to a litigation for information, supply of form, return of document, (iii) to take delivery of copies or information, and to tender money, on behalf of an advocate; (iv) to identify persons swearing affidavits; (v) to take notes from the cause lists and books of information regarding dates of hearing, processes, process-fees due, and like matters; (vi) to file before an officer of any court, tribunal or other authority or person legally authorised to take evidence, whether on oath or not, any document, material or thing required to be filed before such court, tribunal or other authority or person on behalf of a litigant, provided such document, material or thing is accompanied by a.....
List Judgments citing this sectionKarnataka Souharda Sahakari Act, 1997 Section 10
Title: Bye--laws
State: Karnataka
Year: 1997
Section 10 - Bye--laws (1) Subject to the provisions of this Act or rules, everyCo-operative shall function in accordance with its bye-laws which as far as possible shall adhere to theCo-operative principles. (2) Thebye-laws of every Co-operative shall provide for the following matters, namely:- (i) the name, address and area of operation of theCo-operative; (ii) the objects of theCo-operative; (iii) conditions of eligibility, disqualifications for, and procedure for admission, withdrawal, removal or cessation of membership including that of the directors and office bearers; 1 ["(iiia) the rights, privileges, duties and liabilities of membership including those of nominal and associate members"] (iv) recruitment and conditions of service of staff of theCo-operative; (v) procedure to conduct the board meetings, rights of members including the right to vote and contest for elections; (vi) the consequences of default in payment of any sum due by a member to theCo-operative; (vii) the powers and functions of the general body and the manner of election of representative general body, if any, and matters which must.....
View Complete Act List Judgments citing this sectionKarnataka Souharda Sahakari Act, 1997 Section 11
Title: Amendment of Bye--laws
State: Karnataka
Year: 1997
.....amendments are in conformity withsub-section (3) of section 10;] (4) If the proposed amendment is in accordance with the provisions of this Act and rules, the Registrar shall register the proposed amendment within a period of ninety days from the date of receipt of the application. (5) The Registrar shall communicate by registered post to theCo-operative within a period of fifteen days after registration a copy of the amendment so registered together with a certificate duly signed and sealed by him and such certificate shall be conclusive evidence that the amendment has been duly registered. A copy of such certificate and registered amendment shall be sent to the FederalCo-operative. (6) If the proposed amendment is not in accordance with the provisions of this Act and Rules, the Registrar shall refuse to register the proposed amendment within a period of ninety days from the date of receipt of the application failing which the amendment shall be deemed to have been registered: Provided that no order refusing the registration of such amendment shall be made except after giving theCo-operative an opportunity of being heard. (7) The Registrar shall communicate by.....
View Complete Act List Judgments citing this sectionKarnataka Souharda Sahakari Act, 1997 Chapter II
Title: Registration
State: Karnataka
Year: 1997
.....of funds, maintenance of reserve fund, appropriation of profit. grant of loan, fixation of interest rate on deposits and advances, and such other activities as mentioned in section 6 of the Banking Regulation Act, 1949 as applicable toco-operative societies shall be subject to the provisions of the said Act, the rules, regulations or directions made or issued thereunder from time to time by the Reserve Bank or the National Bank.] ______________________________________ 1. Omitted by Act 21 of 2004 w.e.f. 31.3.2004. Section 10 - Bye--laws (1) Subject to the provisions of this Act or rules, everyCo-operative shall function in accordance with its bye-laws which as far as possible shall adhere to theCo-operative principles. (2) Thebye-laws of every Co-operative shall provide for the following matters, namely:- (i) the name, address and area of operation of theCo-operative; (ii) the objects of theCo-operative; (iii) conditions of eligibility, disqualifications for, and procedure for admission, withdrawal, removal or cessation of membership including that of the directors and office bearers; 1 ["(iiia) the rights, privileges, duties and liabilities of membership.....
View Complete Act List Judgments citing this sectionKarnataka Souharda Sahakari Act, 1997 Section 5
Title: Application for Registration of Co-operative
State: Karnataka
Year: 1997
.....by anyCo-operative society. (3) The Registrar shall, if he is satisfiedthat,- (a) the application is in conformity with the provisions of this Act and rules; 1 ["(aa) the proposedCo-operative complies with the requirements of sound business and has reasonable chances of success,"] (b) the proposedbye-laws are in conformity with section 10; and (c) the name of the proposedCo-operative is not the same as that of a Co-operative already registered under this Act or is not the same as that used by aCo-operative society already registered under section 7 of the Karnataka Co-operative Societies Act, 1959, register theCo-operative and also its bye-laws and send by registered post a certificate of registration and the original registeredbye-laws signed and sealed by him to the Chief Promoter mentioned in the application or to theCo-operative society within a period of ninety days from the date of receipt of application. A copy of such certificate of registration along with the copy of thebye-laws shall also be sent to the Federal Co-operative. 1 ["Provided that in the case of either a proposed or an existingCo-operative Bank, the registration in terms of this section shall.....
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