BYE - LAWS UNDER THE MAHARASHTRA CO -OPERATIVE SOCIETIES ACT, 1960 - PowerPoint PPT Presentation

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BYE - LAWS UNDER THE MAHARASHTRA CO -OPERATIVE SOCIETIES ACT, 1960

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  1. BYE - LAWS UNDER THE MAHARASHTRA CO -OPERATIVE SOCIETIES ACT, 1960 IMPORTANT DEFINITIONS AND CONCEPTS ADVOCATE B. R. BORNAK. M. COM. , M. A., LL. B., G.D.C.&A., D.L.L., D.J.M.C., D.C.A.

  2. ACT (LAW) • ACT (LAW) IS A SET OF CODE OF CONDUCTS TO BE FOLLOWED IN A PARTICULAR FIELD. • ACTS (LAWS) ARE PASSED BY THE LIGISLATORS IN STATE ASSEMBLY OR IN PARLIAMENT. • JURISDICTION OF STATE GOVTS. OR CENTRAL GOVT. TO ENACT THE LAWS IS PROVIDED UNDER ARTICLE 246 & SEVENTH SCHEDULE OF THE CONSTITUTION. • SEVENTH SCHEDULE CONTAINS THREE LISTS OF SUBJECT MATTERS PROVIDING JURISDICTION TO ENACT LAWS: • LIST I – UNION LIST: ONLY CENTRAL GOVT. CAN ENACT LAWS. • LIST II – STATE LIST: ONLY STATE GOVTS. CAN ENACT LAWS. • LIST III – CONCURRENT LIST: BOTH CENTRAL /STATE GOVTS. CAN ENACT LAWS BUT LAW ENACTED BY CENTRAL GOVT. SUPERSEDES.

  3. RULES • RULES ARE THE PROCEDURES TO IMPLEMENT THE LAW. • RULES CONTAIN THE PROVISIONS AS TO HOW THE PROVISIONS OF THE LAWS WILL BE IMPLEMENTED AND GIVEN EFFECT. • RULES ARE PREPARED BY EXPERTS / BUREAUCRATS. • RULES ARE APPROVED BY THE GOVT. IN CABINET MEETING. • RULES ARE APPENDED WITH THE PRESCRIBED FORMS. • PRESCRIBED FORMS ARE THE INSTRUMENTS TO GIVE PRACTICAL EFFECT TO THE LEGAL PROVISIONS THROUGH THE PROCEDURE PRESCRIBED IN THE RULES.

  4. BYE-LAWS – MEANING AND SCOPE • Bye-laws are Rules (Articles of Association) of a Co-op. Society for its internal management. • Working/Internal Management of a society is to be carried out as per the Bye-laws. • Bye-laws, duly signed by the Registrar, C. S. under his seal are given to the Chief Promoter along with Registration Certificate.

  5. APPLICATION FOR REGISTRATION ALONG WITH FOUR COPIES OF BYE-LAWS SECTION 8 (1) • APPLICATION FOR REGISTRATION OF CO-OPERATIVE SOCIETY SHALL BE ACCOMPANIED BY FOUR COPIES OF THE PROPOSED BYE-LAWS OF THE SOCIETY. • APPLICATION TO BE SUBMITTED TO THE REGISTRAR IN THE PRESCRIBED FORM.

  6. APPLICATION FOR REGISTRATION ALONG WITH FOUR COPIES OF BYE-LAWS RULE 4 (I) • APPLICATION FOR REGISTRATION OF CO-OPERATIVE SOCIETY IN FORM “A”. • FOUR COPIES OF THE PROPOSED BYE-LAWS OF THE SOCIETY.

  7. REGISTRATION OF BYE-LAWS ALONG WITH REGISTRATION OF THE SOCIETY SECTION 9(1) • IF THE REGISTRAR IS SATISFIED THAT THE PROPOSED BYE-LAWS ARE NOT CONTRARY TO THE MCS ACT OR RULES REGISTERS THE BYE-LAWS ALONG WITH REGISTRATION OF THE SOCIETY

  8. FIRST BYE-LAWS OF THE SOCIETY (RULE – 9) • WHEN A SOCIETY HAS BEEN REGISTERED THE BYE-LAWS OF THE SOCIETY AS APPROVED AND REGISTERED BY THE REGISTRAR SHALL BE THE BYE-LAWS OF THE SOCIETY.

  9. AMENDMENT OF BYE-LAWS (SECTION – 13 & RULE 12) • GENERAL BODY MEETING WITH 14 CLEAR DAYS’ NOTICE. • APPROVAL OF GENERAL BODY MEETING BY TWO-THIRD MAJORITY. • FINAL APPROVAL OF THE REGISTRAR.

  10. POWER TO DIRECT AMENDMENT OF BY-LAWS (SECTION 14 & RULE 13) • If it appears to the Registrar that an amendment of the by-laws of a society is necessary or desirable in the interest of such society, he may call upon the society, in the manner prescribed, to make the amendment within such time as he may specify. • If the society fails, the Registrar may, after giving the society an opportunity of being heard and after consulting such State federal society as may be notified by the State Government register such amendment, and issue to the society a copy of such amendment certified by him. • With effect from the date of the registration of the amendment, the by-laws shall be deemed to have been duly amended and shall be binding on the society and its members.

  11. ACT BYE-LAWS REGISTRAR CHIEF PROMOTER COMMITTEE / BOARD CHIEF EXECUTIVE OFFICER (CEO) PERSON IMPORTANT TERMS / CONCEPTS FEDERAL CO-OPERATIVE SOCIETY STATE CO-OPERATIVE ELECTION AUTHORITY

  12. ORDINARY MEMBER ACTIVE MEMBER NON-ACTIVE MEMBER ASSOCIATE MEMBER NOMINAL MEMBER EXPERT DIRECTOR FUNCTIONAL DIRECTOR IMPORTANT TERMS / CONCEPTS OFFICER DEFAULTER

  13. CO-OPERATIVE YEAR AREA OF OPERATION “….. DAYS’ CLEAR NOTICE PROVISIONAL COMMITTEE / BOARD COMMITTEE / BOARD MEETING GENERAL BODY MEETING FIRST GENERAL BODY MEETING ANNUAL GENERAL BODY MEETING IMPORTANT TERMS / CONCEPTS SPECIAL GENERAL BODY MEETING LAST GENERAL BODY MEETING

  14. Dream is not what you see in sleep, It is the thing which does not let you sleep. Thank You!!! ADVOCATE B. R. BORNAK E-mail ID: advbrbornak@gmail.com Contact No. 9869450525

  15. BYE - LAWS UNDER THE MAHARASHTRA CO -OPERATIVE SOCIETIES ACT, 1960 IMPORTANT DEFINITIONS AND CONCEPTS ADVOCATE B. R. BORNAK. M. COM. , M. A., LL. B., G.D.C.&A., D.L.L., D.J.M.C., D.C.A.