Section 165 : Rules
(1)The State Government may, for the whole or any part of the State and for any society or class of societies, make rules for the conduct and regulation of the business of such society or class of societies, and for carrying out the purposes of this Act.
(2)In particular, and without prejudice to the generality of the foregoing power, such rules may—
(i)subject to the provisions of section 3, prescribe the designation of officers who shall exercise powers vested in the Registrar ;]
(ii)prescribe the forms to be used and the conditions to be complied within the making of applications for the registration of a society under section 8 and the procedure in the matter of such application ;
(iii)prescribe the matters in respect of which a society may make, or the Registrar may direct a society to make, by-laws and the procedure to be followed in making, altering and abrogating by-laws and the conditions to be satisfied prior to such making, alteration or abrogation ;
(iv)prescribe the procedure to be followed and conditions to be observed for change of name or liability, amalgamation, transfer, division, conversion, for reconstruction of society ;
(v)prescribe the form of and procedure for an application under section 19 and the procedure for reconstruction of a society under that section ;
(v-a) prescribe the conditions subject to which the Official Assignee shall realise the assets and liquidate the liablilities under section 21 A(3) ;
(v-b) prescribe the manner of giving public notice and the remu- neration and allowances to be paid to the Official Assignee, under sections 21 A(1) and 21 A(4) ;
(v-c) prescribe the form of application under section 23 (1A) ;]
(v-c1) prescribe the period of training and education and the intervals at which such training shall be given ; and the different rates at which different societies shall contribute towards the training and education fund under section 24A of the Act ;
(v-c2) prescribe the amount of payment to be made to the society by a member in respect of the membership ; and the manner of communicating the classification of a member as a non-active member under section 26 of the Act ;] ;
(v-d) prescribe the manner for entering into collaboration by any society or societies with any Government undertaking or any undertaking approved by Government for carrying on any business ;]
(vi)prescribe the conditions to be complied with by a person applying for admission or admitted as a member and provide for the election and admission of members and the payment to be made and the interest to be acquired before the exercise of the right of membership ;
(vii)prescribe in the case of a federal society or class of federal societies the proportion of individual members to society members in such society or class of societies and the proportion of individual members to society members in the committee of such society or class of societies ;
(viii)subject to the provisions of section 28, prescribe the maximum number of shares or portion of the capital of a society which may be held by a member ;
(ix)prescribe the procedure for the admission of joint members, members of a joint Hindu undivided family, and minors and persons of unsound mind inheriting the share or interest of deceased members and provide for their rights and liabilities ;
(x)provide for the withdrawal, removal or expulsion of members and for the payments to them and for the liabilities of past members and the estate of deceased members ;
(xi)prescribe the conditions and procedure for the transfer of share or interest ;
(xii)provide for the nomination of a person to whom the share or the interest of a deceased member may be paid or transferred ;
(xiii)provide for ascertaining the value of a share or interest of a past member or deceased member
(xiv)prescribe the payment to be made and the conditions to be complied with by member applying for loans, the period for which loans may be made, and the amount which may be lent to an individul member ;
(xv)provide for the inspection of documents in the Registrar’s office and the levy of fee for granting certified copies of the same ;
(xvi)provide for the procedure for registering the address of a society and the change of its address ;
(xvii)provide for the formation and maintenance of a register of members, and where the liability of members is limited by shares, of a register of shares and a list of members ;
(xviii)provide for securing that the share capital of any society shall be variable in such a way as may be necessary to secure that the share shall not appreciate in value and that necessary capital shall be available for the society as required ;
(xix)provide for the procedure to be adopted by a society with limited liability in order to reduce its share capital ;
(xx)prescribe the period for and terms upon which Government aid may be given to societies and terms under which the State Government may subscribe to the share capital of and guarantee the payment of the principal of and interest on debtentures issued by societies ;
(xxi)regulate the manner in which funds may be raised by a society or class of societies by means of shares or debentures or otherwise and the quantum of funds so raised ;
(xxii)prescribe the limits for loans to be granted by a society or class of societies against different class of securities or without security and the procedure for granting loans ;
(xxiii)prescribe the manner of recalling a loan ;
(xxiv)prescribe the limits for granting credit by a non-credit society or a class of non-credit societies ;
(xxv)prescribe the prohibitions and restrictions subject to which societies may trade or transact business with persons who are not members ;
(xxvi)prescribe the conditions on which any charge in favour of a society shall be satisfied and the extent to which and the order in which the property to the charge shall be used in its satisfaction ;
(xxvii)provide for giving reasonable notice of the charge under section 48 ;
(xxviii)prescribe the procedure by which a society shall calculate and write off bad debts ;
(xxix)the manner in which a society shall construct its annual financial statements and the other purposes for which a society may appropriate its net profits under section 65;]
(xxx)provide for the formation and maintenance of reserve fund, and the objects to which such fund may be applied and for the investment and use of any fund including reserve fund under the control of a society
(xxxi)prescribe the conditions under which profits may be distributed as dividend and bonus among the members and non-members of a society ;
(xxxiii)define the co-operative purpose for which a society shall, under section 69, utilise its fund ;
(xxxiv)prescribe the mode of investment of funds of a society under section 70 and the proportion of investment in any security or class of securities ;
(xxxv)provide for the payment of contribution to any provident fund which may be established by a society for the benefit of officers and servants employed by it and for the administration of such provident fund ;
(xxxv-a) prescribe the procedure for the election to societies, provide for intimation and making arrangements for holding the elections of the committee to the election authority ; to provide for preparation of electoral rolls, for conduct of elections of the society or class of societies, also for classification of societies for this purpose ;]
(xxxv-c) prescribe the requisition form and the manner in which the motion of no-confidence can be brought under section 73-1D ;
(xxxv-d-1) prescribe the conditions, on which the society may grant permission to a member to carry on the business of the kind carried on by it, outside its area of operation, under 8[section 73CA(A1)] ;]
(xxxv-d-2) prescribe the procedure and manner of holding elections, including the latest technology to be used and the manner of classification of societies for the purposes of elections ; and the conditions of service of the State Co-operative Election Commis- sioner under section 73CB(1), (4), (11) of the Act ;]
(xxxv-e) prescribe the body of persons for selection of persons on a panel for appointment, under section 74 (2) ;]
(xxxvi)prescribe the procedure and conditions for the exercise by a federal society of the powers conferred by this Act ;
(xxxvii)provide for general meetings of the members, for the procedure at such meetings and the power to be exercised by such meetings ;
(xxxviii)prescribe the conditions in which a member of a society may be disqualified from voting ;
(xxxix)10[provide for the removal and appointment of the committee or its members] and other officers and for the appointment of administrator under section 78 and prescribe procedure at meeting of the committee and for the powers to be exercised and the duties to be performed by the committee, administrator and other officers ;
(xl)prescribe qualifications for members of the committee and employees of a society or class of societies, 1[duties to be performed by, and several and joint liabilities therefor, of such members] and the conditions of service subject to which a person may be employed by societies ;
(xl-a)prescribe the amount and nature of the security to be furnished by any officers or employees of any society or class of societies, who are required to handle cash, securities or property belonging to the society, the maximum amount of cash which may be handled or kept at a time by any officer or employee, and the amount, in excess of which, all payments shall be made by or on behalf of the society by means of a cheque ;]
(xli)prescribe the returns to be submitted by a society to the Registrar and provide for the persons by whom and the form in which such returns shall be submitted ;
(xlii)provide for the persons by whom and the form in which copies of documents and entries in books of societies may be certified and the charges to be levied for the supply of copies thereof ;
(xliii)provide for the procedure to be adopted by the Registrar in the cases where the taking of possession of books, documents, securities, cash and other properties of a society or of a society the affairs of which have been ordered to be wound up, by the Registrar or by a person entitled to the same is resisted or obstructed ;
(xliv)provide for the procedure to be adopted for taking possession of books, documents, securities, cash and other property of a society by a person acting under sections 81 , 83 and 84 in cases where misappropriation of funds, breach of trust or fraud has been committed or where it is suspected or apprehended that the books, documents, securities, cash and other properties are likely to be tampered with or destroyed or removed ;
(xlv)prescribe the accounts and books to be kept by a society or class of societies ; 3[prescribe the form, including electronic form, of accounts and books to be kept by a society or class of societies ;]
(xlvi)prescribe the procedure for conducting an audit, the matters on which the auditor shall submit a report, the form in which the statement of accounts shall be prepared for his audit, the limits within which the auditor may examine the monetary transactions of a society, the form of audit memorandum and report and the charges, if any, to be paid by a society for audit ;
(xlvii)prescribe the procedure for appointment of auditors under sections 75 and 81 and fees to be paid to such auditors ; laying audit reports of Apex Societies before both Houses of the State Legislature ; norms of qualifications, experience and disqualifications of an auditor ; and form of audit report ;]
(xlviii)prescribe the form for the rectification of defects discovered in the course of audit, inspection or inquiry ;
(xlix)prescribe the procedure and principles for the conduct of inquiry under section 83 and inspection under section 84
(l)prescribe the procedure for apportioning the cost of inquiry and inspection and for assesing damages against delinquent promotors under section 88 and for recovery of cost and damages ;
(li)prescribe the manner in which appointment shall be made and control exercised by, and the number of persons comprising, and functions to be performed by, the authority constituted under section 90, the manner of election and nomination of such persons, the fees to be paid to such authority and the manner of such payment and the procedure for and the method of calculating any cost, charges or expenses required to be levied under this Act or the rules ;
(lii)prescribe the qualification of the members constituting the Co-operative Courts, provide for the terms and conditions of their appointment, prescribe the procedure to be followed in proceedings before 2[the Co-operative Courts] ; 3[provide for fixing, levying and collecting appropriate fees and expenses for determining the disputes (including expenses incurred by the parties to the proceedings), having regard to the services rendered or to be rendered or any expenditure incurred or likely to be incurred for the machinery set-up therefor, provide for delegation of the power of fixing the scale of any such fees and expenses to the Registrar, (and all such fees and expenses being applicable to any disputes and other proceedings which may be pending immediately before the commencement of the Maharashtra Co-operative Societies (Third Amendment) Act, 1973, or which may be referred to or instituted thereafter), provide for the mode of payment of these fees and expenses whether in the form of court-fee stamps, in cash or in any other manner ; and provide for enforcing the decisions, awards or orders in such proceedings] ;]
(liii)prescribe the form in which a dispute shall be referred to the 1[Co-operative Court] ; 2[prescribe procedure for transfer of disputes for mediation compromise under section 93(4) ;]
(liv)provide for the issue and service of processes and for proving of service thereof ;
(lv)provide for the investigation of claims and objections that may be preferred against any attachment effected 3[under section 95] ;
(lvi)prescribe the procedure for and the method of recovery of any sums due under this Act or the rules ;
(lvii)prescribe the procedure to be followed for the custody of property attached under section 95 ;
(lviii)prescribe the procedure to be followed in the execution of awards ;
(lix)prescribe the manner in which any property shall be delivered to, and the terms and conditions subject to which such property shall be held by a society, under section 100 ;
(lix-a)to prescribe the manner in which inquiry is to be made by the Registrar for grant of certificate for recovery under section 101; the form and procedure for the application for grant of such certificate and the fees and documents to be accompanied thereto;] 5[prescribe form of Statement of Accounts and other documents ;]
(lx)prescribe the procedure for attachment and sale of property for the realisation of any security given by a person in the course of execution proceedings ;
(lxi)prescribe the procedure and conditions for the exercise of the powers conferred under section 105 and the procedure to be followed by a Liquidator and provide for the disposal of surplus assets ;
(lxii)prescribe the matters in which an appeal shall lie from the order of a Liquidator appointed under section 103 ;
(lxiii)prescribe the procedure and conditions for the issue, redemption, re-issue, transfer, replacement or conversion of debentures issued by a society to which Chapter XI is applicable ;
(lxiv)prescribe the maximum amount of principal, the rate of interest and other conditions for the guarantee of debentures issued by a society to which Chapter XI is applicable ;
(lxv)prescribe the qualifications and methods of appointment of an officer to effect sale under section 133 and the powers and functions which such an officer may exercise ;
(lxvi)prescribe for the appointment of a receiver of the produce and income of the mortgaged property for sale under section 133, the conditions in which he may be appointed or removed, the powers and functions which he may exercise and the expenses of management and remuneration which he may receive ;
(lxvii)prescribe the circumstances in which action may be taken by 6[an Agriculture and Rural Development Bank] against a mortgagor under section 133(2) ;
(lxviii)prescribe, in case of sale of immovable property under Chapter XI—
(a)the procedure for proclamation and conduct of the sale and the conditions on which an attempt of sale may be abandoned ;
(b)the method of calculating the expenses incidental to the sale or attempted sale ;
(c)the procedure for the receipt of deposit and disposal of the proceeds of sale ;
(d)the procedure for a resale if an attempted sale is abandoned or the purchase money is not deposited within the prescribed time and the penalty to be levied against the purchaser who fails so to deposit the purchase money ;
(e)the form and method of disposal of money by 1[a Co-operative Agriculture and Rural Multipurpose Development Bank] under section 135 ;
(f)the form of sale certificate under section 136 ;
(g)the procedure for the delivery by the Court of the property purchased to the purchaser under section 136 ;
(h)the form of the notice referred to in section 143 ; and
(i) the fee payable for the service of such notices and the manner of serving such notices on, and of the transmitting landlords’ fee to, the landlord named in such notices ;
(lxix) prescribe the time within which and the procedure according to which property purchased by 1[a Co-operative Agriculture and Rural Multipurpose Development Bank] at a sale of immovable property under Chapter XI shall be disposed of by the bank ;
(lxx) prescribe the procedure to be followed in presenting and disposing of appeals ;
(lxxi) prescribe the qualifications and the period of office of members of the Co-operative Appellate Court ;]
(lxxii) prescribe in the case of appeals lying to the State Government the authority to which power of hearing appeals may be delegated ;
(lxxiii) prescribe the method of communicating or publishing any order, decision or award required to be communicated or published under this Act or the rules ;
(lxxiv) provide that the contravention of any of the rules shall be an offence under the Act ;
(lxxv) provide for all other matters expressly required or allowed by this Act to be prescribed by rules.
(3)The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication.
(4)All rules made under this section shall be laid for not less than thirty days before each House of the State Legislature as soon as possible after they are made, and shall be subject to such modification as the Legislature may make during the session in which they are so laid, or the session immediately following.
