FOREWORD

Since the inception of the Society in 1960, the first amendment of its Bye-laws was made way back in 1964, and only one amendment was made. The name of the Society was made. The name of the Society was changed from “ Ranchi Government Employees Cooperative Employees Cooperative House Construction Society ‘’ to “ Services Housing Cooperative Societies, Ltd. Ashok Nagar, Ranchi”.

With the passage of time, need for further amendments was felt and the previous Boards did propose the amendments, got them approved by the General Body; but for one reason or the other could not get them registered, as required under the Act.

It was the proud privilege of the Board(1992-95) to take up the question of amendment in right earnest. The Board took the initiative and completed the work which could not be done for a period of thirty years. As a result of ilseffort.

The second major amendments to the Bye-laws were discussed thoroughly by the Extra Ordinary General Body meeting, exclusively convened for the purpose on 21.8.1994, and as approved by it, was duly registered vide District Co-operative Officer, Ranchi Memo No. 109 dated 14.3.1995 and incorporated in the Bye- laws of the society as per details mentioned on Page 5.

There has been small amendments as and when required during 1996 to 2004.

The third major amendment was taken up and several clauses were amended by Extra Ordinary General Body Meeting held on 21.11.2004 and 16.01.2005. Few new clauses were also added which was registered, vide District Co- operative Officer, Ranchi Memo No. 436 dated 28.07.2005 and incorporated in the Bye-laws of the society as per details mentioned on Page 4.

 

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The fourth major amendment was taken up and 13 clauses and subclauses were amended by the Extra Ordinary General Body meeting held on 19.02.2012 and Annual General Body Meeting held on 22.07.2012 which has been registered vide District Co-operative Officer Ranchi. Memo No. 1394 Dt.05.12.2012.

The sixth Amendment was taken up and 3 clauses and sub Clauses were Amended by the Extra ordinary General Body Meeting held on 15.02.2015 which has been registered vide District Co-OPERATIVE Officer Ranchi Memo No.57 Dt. 29.01.2016.

The seventh Amendment was taken up and 2 clauses and sub clauses were amended by the Annual General Body Meeting held on 12.07.2015 which has been registered vide District Co-operative Officer Ranchi Memo No. 62 Dt.30-01-2016 mentioned on Page-4.

We take this opportunity to express our appreciation and record our acknowledgements to each and every member of the Society. Particularly to the members of the present Board and to all those who took part to offer concrete suggestions. participation in deliberations and for drafting the Bye-laws at various stage.

Our thanks are also due to the District Co-operative Officer and Officers of the State Co-operative Department for going through the amended Bye-laws and registering the same.

(Naresh Pd.Sinha)              (R.D.Narayan)                                             ( N.P.Sinha)

Hony.Secretary                 Vice-Chairman                                             Chairman.

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FORM NO. VII

RULE 17 (2)

Certificate of registration of amendment

I do hereby certify that  the amendments to the By-laws  of  the  Services  Housing Cooperative Society Ltd. Ashoknagar,Ranchi registration No.20/R dated 21-03-1960 registered under the Jharkhand and Orissa Cooperative Societies Act. 1935(Act VI of 1935) as contained in the enclosed documents have been registered under section 25 of the said Act in token of which necessary certificate duly signed and sealed bearing number 642 dated 08.12.2011 has appended on the document.

The copy of the Bye-laws deposited in this office has been accordingly amended Clause 4(1),Clause 4(2), (3),Clause 5,8,9(I)and (VI)Clause 11 (b) Clause 14 (a), (b), & (d), Clause 21 and 27 1(c).

 

Sd/-

Dated: 08.12.2011                                                              District Co-operative Officer,

Ranchi

 

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FORM NO. VII

RULE 17 (2)

Certificate of registration of amendment

I do hereby certify that the amendments to the Bye-laws of the Services Housing Cooperative Society Ltd, Ashoknagar, Ranchi registered under the Jharkhand and Orissa Co-operative Societies Act 1935 (Act VI of 1935) as contained in the enclosed documents have been registered under section 25 of the said Act in token of which necessary certificate duly signed and sealed bearing Memo number 1394 dated 05.12.2012 again Memo number 57 daed 29.01.2016 and Memo number 62 dated 30.01.2016 has been appended on the document.

The copy of the Byelaws deposited in this office has been accordingly amended Clause 15 (a), 46 (b) (11) 60 & Clause 14 (e) again Clause 4 (b) 10 and 11 (b) & Clause 9 (i) and 14 (b) only.

 

 

Sd/-

Dated: 30.01.2016                                                            District Co-operative Officer,

Ranchi

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FORM NO. VII

RULE 17 (2)

Certificate of registration of amendment

I do hereby certify that the amendments to the Bye-laws of the Services Housing Cooperative Society Ltd. Ashoknagar, Ranchi Registration No. 20/R dated 21.3.1960 registered under the Jharkhand and Orissa Cooperative Societies Act 1935 (Act VI of 1935) as contained in the enclosed documents have been registered under section 25 of the said Act in token of which necessary certificate duly signed and sealed bearing number 1394 dated 05.12.2012 has appended on the document.

The copy of the Byelaws deposited in this office has been accordingly amended the Clause 1,2, 4 (1)4(3), 5,8,9(i), 9(ii), 9(v), 9(vi), 10, 11(b), 14(b), 14(d),

14(e), 15(a), 17(b) (i), 17(b) (ii), 17 (c), 26(ii) 27(3) 27(4),30(i), 34(a), 45(iv), 46(ii), 47(a) (i), 47(a) (vi), 51(iv),56,58,60 and 61 dated 28^th of July of 2005.

 

 

Sd/-

District Co-operative Officer,

Ranchi

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FORM NO. VII

RULE 17 (2)

Certificate of registration of amendment

I do hereby certify that the amendments to the Bye-laws of the Services Housing Cooperative Society Ltd. Ashoknagar, Ranchi Registration No. 20/R dated 21.03.1960 registered under the Jharkhand and Orissa Cooperative Societies Act 1935 (Act VI of 1935) as contained in the enclose documents have been registered under section 25 of the said Act in token of which necessary certificate duly signed and sealed bearing number 109 dated 14^th day of March, 1995

The copy of the Byelaws deposited in this office has been accordingly amended.

Sd/-

District Co-operative Officer,

Ranchi

 

 

The Clause are 3(d),3(f),5,6,7,9(i), 10,11(a), 11(b),  11(c), 16,19(a), 19(b), 22(i), 22(ii), 22(iii), 22(iv), 22(v), 22(vi), 40(a),(40(b), 40(c), 40(d), 40(e), 40(f),40(g), 40(h), 40(i), 41(a), 41(b), 45(i), 45(ii), 45(iv), 45(v),46(b)(i), 47(a)(i), 47(b)(i), 47(b)(ii), 47(c)(i),47(c)(ii), 47(c)(iii), 47(c)(iv), 47(c)(v), 47(c((vi), 47(d)(i), 47(d)(ii), 49 & 60.

 

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प्रपत्र

संशोधन में निबंधन का प्रमाण-पत्र

मैं एतद् द्वारा प्रमाणित करता हूँ कि झारखण्ड एवं उछ़ीसा सहकारी सोसोईटी (अधिनियम 1935) के अधीन निबंधित सर्विसेज हाउसिंग को-ओपेरेटिव सोसायटी लि0 अशोक नगर, राँची की उपविधियों के संशोधएन का जो संलग्न लेक्ष्य में दिया गया है, उक्त अधिनियम की धारा-25 के अधीन निबंधित किया गया है । जिसका प्रतीक स्वरूप यथाविधि सस्ताक्षरित एवं मुद्रित आवश्यक प्रमाण-पत्र संख्या-01ध्त्ध्2019 दिनांक 24.12.2019 लेख्य में संलग्न हैं।

इस कार्यालय में जमा की गयी उपविधियों की प्रति उपविधि की धारा-06 तदनुसार संशोधित कर ली गयी है।

दिनांक – 24.12.2019 जिला सहकारिता पदाधिकारी

राँची

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1.Name and address

The Services Housing Cooperative Society Ltd. Ashoknagar, Ranchi is registered as

a Co-operative Society , under the Bihar Co-operative Society Act (vi of 1935)herein after referred to as the Society. Its registered address shall be at Ashoknagar, P.O. Ashoknagar, and  P.S. Argora,in the District of Ranchi. In the event of any change in address notice of the same, shall be given to the Registrar Co-operative Society. Jharkhand, the financing Bank, if any, the Jharkhand Co- operative Federation Ltd., Ranchi the members of the Society and its creditors, within 30 days of such change.

2. Area of operation.

The area of operation shall be confirmed to the area of Ranchi Municipal Corporation and its agglomeration.

3. The objects of the Society shall be-
4. a) To buy or acquire land by purchase, mortgage, lease, exchange, gift or
5. b) To layout land to suit the requirement of the society in shape of Roads, Parks, Playground, School, Hospital, Waterwork, Markets, Post Office, Clubs, Library, Community Hall and other social amenities.
6. c) To layout land as house sites for residential facilities and such other benefits for the member of society.
7. d) To construct or cause to be constructed buildings or other works of common utility to the society.
8. e) To build or cause to be built residential houses or other buildings for the members and to facilitate them with sanitary, electrical and water connections etc.

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1. f) To hold, sell, mortgage, lease out on hire or on hire purchase system or otherwise dispose of land, house, house-sites, buildings and all other properties movable or immovable as may be necessary for carrying out objectives of the Society.
2. g) To establish and maintain social. Recreational educational, public health or medical, institutional, consumer co-operative stores etc. For the benefit of the members.
3. h) To raise funds required for the business of the society.
4. i) To repair, alter or otherwise deal with the buildings of the society.
5. j) To lease, sublease, surrender, accept surrender of the land and deal with land of any tenure.
6. k) To do all things necessary and expedient for accomplishment of the aforesaid objectives and for the comfort, convenience, welfare and in the economic interest of the members in general.
7. l) To assist members to construct houses according to the plan approved by the appropriate authority.
8. m) To advance loan to its members for construction of houses and also to allow and help members in obtaining loans from the government or other financing institutions/organisations with the permission of the Society.
9. (1) The membership of the Society shall be open to persons above 18 years   of age who are in the (a) Services of Jharkhand State Govt.(b) those belonging to All India Services allotted to Jharkhand state cadre,(c) retired Govt. Servant of Jharkhand State,(d) retired Govt.servant of All India Services in the cadre of Jharkhand State (e) Govt. Servant of Central Service(Group-A) and who wants to have a house in the area of Ashoknagar or in the extended area of Ashoknagar provided further that he/she does not have a house in

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the area of operation of Ashoknagar Society and who makes a application for registration.

(2)  Membership can also be given to family member(s) after the death of a member on the basis of

(a) Nomination

(b) by actual verification & certification by two members of the Society or

(c) on the basis of succession certificate by the court of law.

In case of nomination membership can be given to the nominee(s) after the death of the nominator. In case of single nomination the membership will be given by the Board of Director to the single nominee. In case of successive nomination, the B.O.D. will give membership to the first nominee and the other nominees will have no claim. In case of joint nomination the membership will be given to “Karta” and he/she will become “Karta member” and the others will become “Associates members”. All of them will have equal right over the land/land with building but voting right will only be with the “Karta member” .All other facilities will however be available to all of them equally. Similarly the liabilities will have to be shared by all of them. Normally the society will deal with Karta member for everything including realisation of dues. In case the “Karta member”reports to the society that the associate members are not cooperating, the society shall deal with individuals including realisation of dues. The membership can be given to a family members in absence of nomination on verification and certification by two members of the society. If the family members are unable to produce above documents he/she or all can produce succession certificate from the court of law on the basis of which membership can be given.

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(3)  No person shall be eligible for admission as a member of the society if he/she

1. a) is under 18 years of age.
2. b) is a paid employee of the society or of an affiliated society.
3. c) is of unsound mind.
4. d) has been adjudged as bankrupt or insolvent by a competent court of law.
5. e) has been sentenced for any offence other than an offence not involving moral delinguency, such sentence not having been reversed or the offence pardoned provided that this disqualification shall not apply where more than 5 years have elapsed from the date of expiry of such sentence.

4       (4)  Where a person ceases to be a member of the Society either on transfer to any eligible person or on transfer of his/her share with land/land and building to his/her family  member provided in 14(b) of the Bye-laws or on termination of his/her membership, he/she not be entitled to re-admission as a member, and allotment or transfer of a plot to him/her by his/her family member or otherwise. The above provision will be applicable in both the cases whether a member has acquired plot by surrender or by family transfer.

5. Application for admission as a member and for allotment of shares shall be made to the Hony. Secretary in the form prescribed for the purpose. Every such application shall be disposed of by the Board of Directors within 60 days who has power to grant admission or to refuse it with reasons there of. In case the application shall be communicated to the applicant with reasons for refusal in writing. The applicant may appeal to the Chairman within 30 days of such refusal who shall take the issue to the General Body for consideration. If the appeal is rejected by the General Body he/she may go to

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the Registrar, whose decision shall be final.

6. No person can claim admission as a matter of right and mere membership shall not confer any claim to allotment of plot or house from the society.
7. No person who is a member of any other Cooperative Housing Society or holds any piece of land or house in his/her name or in the name of his wife her husband or minor children within the area of operation of the society, shall be admitted.
8. Every applicant other than family member shall pay an application fee of Rs. 10,000/- for admission along with application for admission as member of the society.
9. (i) Every member of the Society may nominate his/her spouse son(s), daughter(s), father, mother, own sister(s), own brother(s), own brother(s), own daughter-in-laws(s) and grand children. He/ She may also nominate any legal heir as dicided by a cumpetent court. A situation may arise when a member does not have any of the above relations available for nomination or he/she does not want to nominate any one of them for certain valid reasons, he/she may nominate any close relations for which he she will have to convince the members of the Board. While accepting such nomination, the Board will record the reasons justifying the decision. The nomination will have to be filed in prescribed pro-forma in duplicate. The Hony Secretary will issue receipt on the photocopy of such nomination. The nomination can be single, joint or successive. Incase of joint nomination “KARTA” must be spelt out other wise it would not be accepted. The society will dispose of nomination petition within two months of its receipt and a copy of the same be sent to the member(s) by special messenger or by registered post. The other copy will be kept in the file of the member duly documented. In case the member does not receive an accepted or rejected nomination within teo months time he/she inform the Chairman of the society in writing.

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However, a member cannot nominate his/her daughter in law if his/her son/sons are surviving. Also a member cannot nominate his/her grand children if his/her son/sons and or daughter inlaws/in laws or daughter/daughter surviving.

(ii)   The nomination shall be valid after it has been accepted by the Board of Directors. However, the Nominator will be at liberty to revoke or vary nomination made earlier and accepted by the Board of Directors at any time or from time to time.

(iii)  The nomination shall be given effect to in the event of the death of the nominator.

(iv) The nominee will become a member only if admitted by the Board of Directors.

(v)   In case of joint nomination one of the nominees spelt out, as “KARTA” shall become a member on admission by the Board of Directors. In case no ”KARTA”  has been spelt out or the plot is being transferred on the basis of succession certificate and there is a dispute among the nominees/successors regarding the “KARTA” all the nominees/successors will be called upon to spell out “KARTA” within a month failing which the Board of Directors shall be competent to nominate a “KARTA” from amongst the nominees/successors on the basis of seniority in relationship or on any other considerations as may be deemed fit. The other nominees/successors shall be accepted as Associate members Normally the Society shall deal with the “KARTA” member but in the event of dispute or non- cooperation by the Associate members duly informed by the “KARTA” member, the Society may deal with all or any of them in respect of realisation of dues and other related matters and shall apportion the share of dues among the members directly. The Associate members will be obliged to pay, their shares of dues. The “KARTA” can be changed at any time with mutual consent of all the members. The “KARTA” member alone will have voting right’ the Associate

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members “will have no voting right. The “KARTA” member/Associate member shall have no proprietary claim over the plot/house except to the extent of his/her share without subdivision of fragmentation of the original plot.

(vi)  “karta” member or a associate members can file nomination for his/her share independently. There is no need to have signature of any other person except two members of the society.

10. Share Capital : The authorised share capital of the Society shall be five crores made of 5 lacs shares of Rs. 100/-each.

SHARES

11. a) Every member will have to pay for 5 shares of Rs. 100/- each.
12. b) Every member shall be further called upon to subscribe additional shares to cover the cost of the land the house to be allotted and the common amenities to be provided by the society with development cost etc. In such instalments as the Board of Directors may decide from time to time.
13. d) No member shall subscribe more than 1/5 of the total share capital of the society.
14. Every member shall be given share certificate signed by the Chairman and the Honorary Secretary or the Hony. Secretary and two other Directors showing share held by him. In case of the share certificate, a fee of Rs. 500/- shall be charged for the issue of a duplicate.
15. The Board of Directors may permit a member to with draw shares held by him after deducting the dues of the society provided he does not hold any interest in the society as hire-purchaser or lessee or hire-transferee and provided further that he has held the share in the society for a period of not less than one year and has given six months notice for withdrawal. The Board of Directors may, however, permit a member to get back the share value

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held by him, adjusted towards his last few instalments so as to complete the full outstanding dues (except the value of one share) provided that this does not effect financial position of the society.

14. a) No member shall be permitted to transfer his/her share without the written permission of the society.
15. b) A member can, ;however, transfer his/her share and land with or without building during his/her life time to his/her father, mother, spowse, own brother(s),own sister(s),son(s),daughter(s),own daughter in law(s) and grand children or any legal heir as has being decided by the Court of law. In case of transfer to more than one member the transferor will have to declare one of them as “Karta” member and the rest as associate members. Karta can be changed by mutual consent of Karta and all other associate members at any time. When a dispute arises between “Karta” and associate members regarding election of a “Karta” the Board of Directors will decide the “Karta” which shall be binding on all of them.

A karta/Associate member can also transfer his/her share to any of his/her share to any of his/her family members as specified above during his/her life time. All the decisions taken by the society about a plot will have to be sent to al the associate members along with “Karta” member. The restrictions specified in Para 4(1) and 4(2) will not be applicable in the above case. In no case the provisions of the Building byelaws of the Society shall be violated and the plot be divided. There shall be no transfer through sale.

However, a member cannot transfer his/her plot to his/her daughter in law if his/her son/sons are surviving. Also a member cannot transfer his/her plot to his/her grand children if his/her son/sons and or daughter inlaw/inlaws or daughter/daughters are surviving.

1. c) The transfer of share shall not be operative unless and until it is sanctioned by the Board of Directors.

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1. d) A Government Servent who has taken a plot in the Society after surrender will pay a transfer fee of Rs. 75,000/- (Seventy five thousand) to the Society. In case of a family transfer except his her spouse, son(s)daughter(s), daughter in laws(s) and grand children a transferee will have to pay a transfer fee of Rs. 5,000/-(Five thousand)on first transfer and Rs. 10,000/-(Rupees Ten thousand) in each subsequent transfers. In case of spouse, son(s) daughter(s), daughter in laws(s) and grand children the transferee will pay only Rs.51/- to the society.
2. e) A member can transfer his/her share to any eligible person as specified in Para 4(1) by way of surrender in favour of such person. A ”Karta member” and “Associate member” can also transfer his/her share by way of surrender in favour of such eligible person as specified in Para 4(1) independently. The one who takes share after surrender in his/her favour will only become Associate member.

 

15. a) The Board of Directors of the Society may on the death of a member transfer his/her share and interest in the capital (land, building, etc.) to the person (s) nominated. If there is no nomination the Board of Directors of the Society may transfer his/her share and interest in the capital (land, building, etc.) to the person (s) nominated. If there is no nomination the Board of Directors of the Society may transfer his/her share and interest to person(s) on the strength of succession certificate or to person(s) as may appear to be the legal heir confined to wife ,husband, son(s) and daughters) on full verification and certification by two members of the Society. In case of dispute, however, the decision of the court of law shall be awaited. If family members do not produce proper document within 3 years from the date of death of a member to enable the Society to transfer the plot, the society may proceed to resume the plot after 3 years.

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1. b) Subject to as aforesaid, the society may pay all other money due to the deceased member from the society to such nominee, heir or legal representative as the  case may be.
2. c) All transfers and payments made by the society in accordance with the provisions of the Bye laws shall be valid and effective against any demand made upon the society by any person.

 

DEFAULT IN PAYMENT

16. If a member fails to pay an instalment towards additional shares by he due date as called upon by the Board of Directors, he/she shall be liable to such disqualification and such forfeiture of his/her paid up shares not exceeding Rs. 150/- as the Board of Directors may decide. The share so forfeited may within six months from the date of notice of forfeiture be renewed on payment of all arrears and renewal fee of Rs. 50/- per share. The amount of forfeited share shall be credited to Reserve Fund.

LIABILITY

17. a) The liability of a member for the debts to the society shall be limited to twice the face value of shares held by him/her.
18. b) (i) A past member shall be liable, as provided in Bye-laws 17(a), for the debts due to the Society as they existed on the date when he/she ceased to be a member for a period of two years after such date.

(II) The estate of a deceased member shall be liable as provided in Bye-laws 17(a) for the debts due to the society as they existed on the date of his/her death, for a period of two years after his/her death.

FUND

18. The society may raise funds from the following sources:-

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1. a)  Share subscription,
2. b) Loans from Government of other sources,
3. c) Issue of debentures subject to the previous approval of the Registrar, Co-operative Societies,
4. d) Deposit from Members,
5. e) Donations from any respectable member of the society, non-member, organisation or agency may like to give to the society. Such donation may by refused to be accepted if the same may or may likely to affect adversely the interest of the society or may come in conflict with the objectives of the society.

f)Entrance & Other Fees

1. g) Contribution towards maintenance of roads, water supply, lighting and sanitation in the colony formed by the society.
2. h) Subscription towards social, medical, recreational and educational institutions in the colony formed by the society.
3. i) Grants

BORROWING

19. a) The society may borrow all the money that is required from the Government and other sources with the approval of the Registrar Co-operative Societies, Jharkhand at such rates and on such terms as he Board of Directors may decide. The Board of Directors may receive deposits from members on such terms and conditions as they may decide.
20. b) In case where loans are taken by members or by the society for members, the site together with the building which may be constructed there on, would remain mortgaged to the agency granting the loan till the

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entire loan with interest is repaid the dues of the society will be the first charge on the land and the building.

MAXIMUM BORROWING LIMIT

20. The total borrowing of the society both by way of deposits or otherwise and either from members or others shall not at any time exceed ten times its paid up share capital and reserves.

 

 

MANAGEMENT-BOARD OF DIRECTORS

21. Subject to such decisions as the General Body of the Society may take from time to time the executive management of the affairs of the Society shall vest in the Board of Directors.

The Board of Directors shall consist of eleven members, including the Chairman, the Vice-chairman, the Hony Secretary, the joint Secretary and seven Directors for the period as per Act & Rules.

22. i) Members of the Board of Directors shall be elected by the General Body of the Share holders as per Act and rules.
23. ii) Any interim vacancy caused under any circumstances may be filled up by the remaining members of the Board of Directors by co-option from amongst the society.

 

iii)  It shall be within the competence of the Genera Body to remove at any time any member of the Board of Directors and elect another in his pace and member so elected shall  hold office only for the unexpired portion of the original period.

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Iv)  The proceedings of the Board of Directors shall not be invalidated on account of any vacancy in the Board.

1. v) Any member of the Board of Directors may at any time resign from the Board y sending a letter of resignation to the Honorary Secretary of the Society but such resignation shall take effect only from the date on which it is accepted by the Board of Directors.
2. vi) The Board of Directors may appoint one or more sub-committees as it may consier necessary.
3. The Board of Directors shall meet every two months or as often as necessary to conduct the affairs of the society. The quorum for meeting of the Board of Directors shall be five. All questions before the Board of Directors shall be decided by a majority of votes. Should there be an equality of votes the Chairman or other presiding member shall have casting vote. No member of the Board of Directors shall be present at a meeting of the Board of Directors when any matter in which he/she is personally interested is being discussed. In case of urgency where there may not be sufficient time to convence a meeting of the Board of Directors and in all cases in which such a procedure may from time to time be prescribed by the Board of Directors the Hony. Secretary may obtain the order of the Board of Directors by circulation of papers. Such decision arrived at by circulation be paced before the next meeting of Board of Directors for their ratification. Should a difference of opinion arise in the course of such circulation, the matter shall not be decided by circulation but shall be placed before a meeting of the Board of Directors.
4. If any elected member of the Board of Directors absents himself/ herself  for our consective meetings of the Board of Directors without sufficient reasons and his/her clarification about his/her above continued absence on four consecutive occasions are not acceptable to the Board of Directors the said member will  cease to be a member of Board of Directors.

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25. Subject to such resolution as the Board of Directors may from time to time pass, the officers of the society as mentioned below shall have the following powers:-
26. a) The Chairman shall have genera control over a the affairs of the society.
27. b) The Vice-chairman shall exercise all the powers of the Chairman when the later is absent and when such powers have been delegated to him in writing. He/ she shall preside over the meeting of the Board of Directors, whenever the chairman is absent.
28. c) Subject to the overall control of the chairman the Honorary Secretary shall have a genera control overall a the affairs of the society within the frame work of the Bye-Laws and the decision taken by the decision taken by the Board of Directors and approved by the General body from time to time. The secretary with the approval of the the Board of Directors shall make necessary arrangements for the safe custody of cash and other properties of the society.
29. i) All documents creating charge or obligation on the society shall be signed by the Chairman or the Vice-chairman and the Honorary Secretary. Or any three members of the Board of Directors, one of whom should be the Honorary Secretary.
30. ii) The Chairman or the Vice Chairman and the Secretary or the Secretary and two members of the Board duly authorized by the Board of Directors shall be competent to sign Cheques and pay orders of any value subject to the limit of heads of expenditure sanctioned by the Board of Directors and approved by the Genera Body. In the situation when Secretary goes out of station for a period exceeding 15 days the Chairman / Vice Chairman and two members  of the Board of Directors duly authorized by the Board of Directors will sign the cheques and pay orders.

 

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27. 1) No person shall be eligible for election as a member of Board of Directors, if he/she.
28. a) Is a paid employee of the society or
29. b) Is a near relation of a paid employee of the society provided that if any question arise whether person is or is not a near relation or a paid employee of the society the question shall be referred to the Registrar, Co-operative Societies for decision which shall be final or

 

1. c) Is in default to the Society in respect of any loan or loans taken by him/her and also if he/she has not paid the other dues outstanding against him/her.

2)   A member of Board of Directors of the Society shall cease to hold office as such if he/she.

1. a) becomes a paid employee of the society or
2. b) becomes a near relation of a paid employee of the society, or
3. c) commits default in respect of any loan or loans taken by him/her from the society and if the default continues for a period exceeding three months, or
4. d) becomes interested directly or indirectly in any contract made with the society or in sale or purchase made by the society priyately or in any auction or in any contract or transaction of the society invoving financial interests or purchase directly or indirectly any property of a member of the society brought to sale for the recovery of his/her dues to the society.

3)    No member of the Board of Directors, officer and staff of the Society shall have interest directly or indirectly.

1. a) in any contract made with the society or
2. b) in any sale or purchase made by the Society or

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1. c) in any contract or transaction of the Society other than investment or borrowing.

4)    No member of the Board of Directors, Officers and staff of the Society shall purchase directly or indirectly any property of a member brought to sae for the recovery of dues of the Society.

28. Receipts shall be issued for all money paid to the society . For money paid by the members, the receipt shall be signed by the Secretary, or any employee of the Society whoever is authorised by the Board of Directors to discharge the function. In case of borrowings from non-members or from other societies or from Government or other financing agencies the receipt or the bond shall be executed by at least three members of the Board of Directors consisting of
29. i) Chairman or Vice-chairman
30. ii) Secretary and

iii)  One member.

29. it shall be the duty of the Board of Directors to maintain such accounts and registers as are prescribed by the Registrar from time to time to place before a General Meeting of the members, the Registrar’s notes of audit or inspection within four months from the date of receipt, to correspond with the Registrar and to do all other business relating to the society.
30. i) The Board of Directors shall have power to incur such expenditure as may be necessary for the management of the Society with reference to the scale and within the Budget allotment sanctioned by the General Body for each financial year. The Board of Directors can reappropriate the amount under different sub heads up to a limit of 25% of sub heads within the total budget sanctioned by the General Body. In no case the Board of Directors can exceed the total amount sanctioned by the General Body.

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1. ii) The method of recruitment, the condition of service and the authority competent to fix, raise or regulate the scale of pay and alliances of paid officer and servants of the society and the procedure to be followed in the disposal or disciplinary cases against them, shall be governed by the rules of business framed by the Board of Directors and approved by the General Body and finally by the Registrar, co-operative societies, Jharkhand.
2. No person shall be appointed as a paid officer or servant in any category of service in the society without obtaining from him security in such form and according to such standards as the Board of Directors with the approval of the Registrar may fix for such category of service in the society or for the class of societies to which it belongs.
3. No paid officer or servant shall be retained in any category of service in the society. If he/she has not furnished, within such time the Board of Directors with the approval of the Registrar, direct him/her to deposit security in such form and according to such standard as they may fix for the category of service in which he/she serves in the society or for the class of societies to which it belongs.

 

33. it shall be within the competence of the Board of Directors to frame subsidiary rules for the conduct of the business of the society consistent with the Act, the rules under the Act and the Bye-laws and present them in the ensuing General Body Meeting for approval and thereafter it would be sent to the Registrar Co-operative societies for final approval. Such subsidiary rules shall be entered in the minute book of the society.

GENERAL BODY

34. The ultimate authority in all matters relating to the administration of the society shall be the General Body of the members. The General Body shall maintain a general supervision over the business of the Society and in

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particular over the acts of the Board of Directors and shall be competent to take all steps that may be considered in the interest of the society. The General meeting shall be of three kinds (a) ordinary(b) extra ordinary and (c) special.

1. a) An Ordinary General Body Meeting shall be convened at least once in every year, within four months from the close of the Financial Year. In case the statutory audit report containing the Balance- sheet duly certified by the auditor has not been completed before the date fixed for the Annual General Meeting all the items of business of the Ordinary General Body meeting as provided in these Bye-laws except the disposal of profits shall be transacted at the meeting. The disposal of profit and the Audit Report may be considered at an Extraordinary General Meeting to be held for the purpose or at the next Annual General Meeting.
2. b) An Extraordinary General Meeting may be called at any time by the Board of Directors or on receipt of a requisition signed by one-third of the members on the roll within one month from the date of such requisition.
3. c) Special General Body Meeting shall be called at the requisition of the Registrar Co-operative societies or other officers authorised by him at such requisition. It shall be incumbent on the secretary to convene a special General Meeting within 21 days of the receipt of the requisition of the Registrar or the person authorised by him failing which the Registrar or the said person may summon the meeting himself after notice to the members of a fortnight or as provided in the Bye-laws of the society and such meeting shall have all the powers of a special General Meeting convened according to the Bye-laws of the society.
4. The Board of Directors shall maintain a list of members on the roll of the society who are qualified to vote at a General Meeting and shall bring such list up-to date at least a fortnight before each meeting of the General Body. It shall be the duty of the Hony Secretary to supply copies of such list to

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(such of) the members as desired by them on payment of such fees as may be prescribed by the Board of Directors in this behalf. No member shall be admitted during the fortnight preceding  the date fixed for any General meeting of the Society.

36. The Chairman, when present, shall preside at the meeting of the General Body. In his absence the Vice chairman shall preside; and in the absence of both the Chairman and the Vice-Chairman the members present may choose a member to preside; and in the absence of both the Chairman and the Vice-chairman the members present may choose a member to preside at the meeting. Every member present shall have one vote. Voting by proxy shall not be allowed. All questions shall be decided by a majority of votes of the members present. When votes are equal the chairman of the meeting shall have a casting vote.
37. Notice of General Meeting mentioning the place, date and hour of the business to be transacted shall be give to all members along with Agenda and concerned Annual Report at least fourteen clear days before the date on which the meeting is to be held. No meeting shall be treated as invalid by reason of the fact that any member or members did not receive the notice. But reasonable care shall always be taken by the Honorary Secretary to give notice to all members . Notice for the meeting should also be published in the news papers.

 

38. The quorum for the General Meeting shall be thirty or one fourth of the total numbers which ever is less. If a quorum is not forth coming within an hour: the Chairman shall, if the meeting is an Extraordinary General Meeting dissolve it, if an ordinary general meeting or Special General Meeting he shall, postpone the meeting to a date at least seven clear days and not more than 21 days later and the business to be transacted at the postponed meeting shall be the same and other than what was proposed for the

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original meeting. At such a postponed meeting, if a quorum is still no forthcoming, resolutions may be carried by majority of three forurths of the members present except in the case of an Ordinary General Meeting where the resolution may be carried by a majority of those present.

39. The Chairman may, with the consent of the members present in the meeting adjourn any meeting from time to time but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
40. The function of General Meeting shall be
41. a) To receive and consider the report of the Board of Directors on the working of the society for the preceding year.
42. b) To consider and adopt the audited accounts of the society for the previous year and dispose of the profits of the year in accordance with the Bye-laws.
43. c) To elect members of the Board of Directors in accordance with the Bye-laws.
44. d) To elect, if necessary, for he ensuing year an internal Auditor or Auditors for the society who shall not be member/members of the Board of Directors and to fix his/her/their remuneration.
45. e) To sanction the budget for the ensuing year and to consider and approve the reappropriation statement of the previous year.

 

1. f) To consider any amendment or repeal of any of the existing Bye-laws of which due notice been given.
2. g) To hear appealers and consider their views against the decision of the Board of Directors.

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1. h)  To fix the maximum borrowing limit for the year.
2. i) To transact any other business that may be brought up.
3. a) If a member of the society is guilty of deceiving the society or his/her conduct has been such as to render his/her removal necessary in the interest of the society it shall be open to the General Body to expel such members.

The Board of Directors shall obtain explanation from the member concerned and put up the same with its comments in the ensuing General Body Meeting for consideration. The Board of Directors may also require him/him to pay such amount as it may decide to compensate the society against the loss incurred, if any, on account of his/her conduct.

A member who is thus removed from the membership under Bye-laws shall be paid all money due to him/her from the society after deducting there from any money due from him/her to the society but he/she shall not have his/her share capital refunded to him/her until a person eligible to become  a member of the society in accordance with the Bye-laws 4 is forth coming to purchase share held by him/her and until the value of such re-allotted share is paid to the society. An expelled member shall be liable as provided in 17(b) for the debgts  to the society as they stood on the date of cessation of membership for a period of years from such date.

1. b) An appeal shall lie against any order passed by the Board of Directors under clause 41(a) to the General Body and finally to the Registrar Co-operative Societies, Jharkhand whose decision shall be final.

 

 

INVESTMENT OF FUNDS

42. The society may invest its funds presently not required in the business in any of the following ways:

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1. i) In Post Office Saving Banks.
2. ii) In any of the Securities specified in Section 20 of the Indian Trust Act 1882.

iii)  In the share of or upon the Security of any registered society with the approval of the Registrar Co-operative Societies Jharkhand.

1. iv) In any nationalised Bank carrying on banking business; in case of other banks approval of the Registrar will be necessary.

PURCHASE OF LAND

43. Subject to such resolution as the General Body Meeting of the members may from time to time pass, he Board of Directors shall have full power to do all things which may deem necessary and expedient for the accomplishment of all objects specified in Bye-laws No.3, including power to purchase, hold, sale. Exchange, mortgage, rent, lease, sub-lease, surrender and accept surrenders of land or house and to construct houses.
44. It shall be within the competence of the Board of Directors:
45. i)   To buy land either from or through Government or otherwise.
46. ii) To render the lands so purchase fit for habitation,

iii)  To lay out streets, roads and parcel out the land at house sites.

1. iv) To sell or lease or other-wise deal with the sites to members or others on such  terms as it may determine, and
2. v) To provide or maintain facilities for water supply, drainage, lighting, community hall, library and similar works of common utility.

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45. i) On the land acquired by the society, the Board of Directors may construct or cause to be constructed standard types of buildings as may be prescribed by it. The construction of other types of building may also be undertaken by the Board, if so desired by any particular member subject to the plan being approved by the Board of Directors and subject further to the members concerned paying the additional cost in one or more instalments as may be laid down by the Board of Directors before the construction of house is taken up.
46. ii) When the sites are acquired, laid out and classified the Board of Directors may allow the selection of sites by the members. In case two or more members desire to have the same sites, the Board of Directors shall decide the question by its own choice or by lot. The selection shall be final and cannot be revoked except by mutual arrangements between members concerned. No member will be allowed to have more than one plot.

iii)        The Board of Directors may fix different prices for plots of land of different sizes and according to their situation.

1. iv) In case a member proposes to “construct his/her house by himself/herself, he/she will have to submit building plan according to the building Bye-laws of the society as made by the Board of Directors from time to time and finally approved by the General Body. Alterations and additions will be governed by the building Bye-laws. All new constructions will have to be approved by the competent authority of the Government.
2. v) The Board of Directors may after providing an opportunity to the member concerned to represent his/her favour and record the reasons to be communicated to the members. All such decisions shall be subject to appeal to the General Body at its next meeting.

ALLOTMENT  OF  HOUSE

46.a)  Every member shall at the time of admission to the society specify the classes of house he/she proposes to acquire by the hire purchase from the society

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and execute an agreement to the effect as provided in Bye-laws 47(a)(i)and also to indemnify the society to the extent of the loss that may be sustained on account of the member not keeping to the contract.

1. b) i) As soon as the houses are completely constructed and are ready for being let out on the hire purchase system to the members they shall be valued and the value of each house shall be placed against the member concerned on the book to be kept by the society for this purpose.
2. ii) In case of unregistered plot the land allotted to a member will remain the property of the Society, till all the outstanding dues have been paid. After payment of the dues plot will be registered in the name of member. No member whether of unregistered plot or of registered plot will be allowed to surrender the plot or plot with building to anyone except those eligible to be a member of the society on payment of requisite fee and that too with the sanction of the Board of Directors. In case a member does not get the plot registered in his/her name, the Board may require him/her to surrender the same to the Society.

47.a   i)  Hire purchase will mean that the movable or immovable property will be made over by the Society to a member on his executing an agreement in the prescribed form. The concerned member will have to pay to the society the assessed cost of the property plus interest @ 10 percent to be fixed from time to time by the Society in monthly instalments extending over a period of not more than 20 years. Provided further that the rights of ownership shall remain with the society till all the amounts including principal and interest due on it, have been paid to the Society. In case of default of three consecutive instalments the society reserves the right to cancel the agreement, evict the member from the property allotted to him/her and resettle it with some other member. In such cases the amount of instalments paid to the Society on account of principal only less a fixed percentage for incidental expenses, depreciation, interest, etc. As may be decided by the Board of Directors will be refunded to the member

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concerned. In case of death of a member or his permanent in capacity or cessation from membership, his/her legal heirs will be liable to pay to the society all the amounts due failing which the property will be taken over from the defaulting members.

1. ii) The house shall remain the property of the society till the full outstanding dues are paid by the members. During this period the member shall pay a nominal rent to the society at the rate to be determined by the Board of Directors. After all the dues have been paid the ownership shall stand transferred to the member concerned. The society will execute a sale-deed in favour of the member allotted conveying the site and building to him/her. The owners of the house even after the expiry of the above period shall be required to hold a minimum of one share in the society.

iii)    If a member who took house on hire purchase system but has not paid its value in full, rescinds the hire-purchase contract or fails to keep up the terms of the contract or commits default in the payment of the instalments, rents. Taxes, etc, or in respect of any other terms of the Hire-purchase contract or otherwise, he/she shall be evicted from the house and such evicted member shall not be entitled to any refund of the instalments he/she had paid to the society under the hire-purchase system, and of the initial deposits paid by him/her towards the value of the house which shall be forfeited to the society. The Board of Directors may, However, at its discretion refund such amount to him/her as may be considered equitable by it.

1. iv) The agreement to hire-purchase a house shall also specify he terms and conditions which may be prescribed by rules framed by the Board of Directors or relating to the lease granted by the society to members desiring to purchase the house under the hire-purchase system.
2. V) No member shall assign, sublet, or part with the possession of the property or any part thereof without the previous permission of the Board

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of Directors. When a member wishes to sell or transfer the house, the first offer will be made to the society.

1. iv) Instalment, rent, rates, and taxes due from a member shall be paid as per the time schedule and rules framed by the Board of Directors failing which interest on the overdue amount shall be levied at the rate to be decided by the Board of Directors. If the hire-purchase is in arrears in respect of the hire-parches, instalments etc. For period exceeding six months, he/she shall be liable for eviction from his/her tenancy and action under By-laws 47(a) (iii) above will be taken.
2. b) i)   The Board of Directors may levy annual or periodical fee at the rate to be fixed by it for attending to ordinary annual repairs and special repairs of the house belonging to the society.
3. ii)      The Board of Directors may arrange for the provision of social, medical, re-necessary by the Board for the members and may levy subscription with approval of the General Body at such rates as may be prescribed under the rules’.

AUDIT AND DISTRIBUTION OF PROFITS

48. Statutory audit of the society shall be done in accordance with the Bihar Co-operative Societies Act(vi of 1935) and the Rules framed there under.
49. In addition to the statutory audit the accounts of the society may be audited by the auditors appointed at the annual General Meeting as per Bye-laws 40(d).
50. The accounts of the society shall close on the 31^st March each year. After the statutory audit the net profit shall be disposed of at the General Meeting as follows:
51. a) 35 percent shall be carried to the Reserve Fund.

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1. b) A sum not exceeding 10 percent may be carried to the Bad and Doubtful Debt Fund.
2. c) A dividend not exceeding 10% or as per prevalent bank rate which ever is more on the paid up share may be declared.
3. e) The rebate declared shall not be payable in cash to the members as long as dues are outstanding to the society, against them. The amount payable to each member shall be credited to his/her hire-purchase account.
4. f) Bonus not exceeding one month’s salary may be paid to the employee of the society.
5. g) The balance, if any, shall be carried over.

RESERVE FUND

51. i) The Reserve Fund shall consist of:
52. a) 35 percent of the net profit annually placed to the Fund under the Act.
53. b) Any other sum allocated to it out of the profit or otherwise
54. c) Entrance fees after deduction of preliminary expenses incurred in constituting the society up to three years from the date of registration.
55. d) i) The value of the shares forfeited to the society.
56. ii) The reserve fund shall belong to the society and shall be divisible amongst the members.

iii)  The reserve fund shall be available for any of the following purposes:

1. To cover losses arising from any unforeseen circumstances, such drawing upon it being reimbusrsed as soon as possible.
2. To meet any ca on the society which cannot be met otherwise, such payments to be reimbursed as possible.

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1. To serve as security for any loan which the society may have to contract.
2. iv) In case of dissolution of the Society, the Reserve Fund shall be applied to such purpose as may be determined with the approval of the Registrar, Cooperative Societies, Jharkhand by at majority of members at special meeting convened for the purpose.

ALTERATION OF BYE-LAWS

52. No Bye-laws shall be made, altered or abrogated unless.
53. a) Proposal to do so has been communicated to the members atlest ten days before the Genera Meeting.
54. b) The resolution is passed by not less than two thirds of the member present and voting at the General Meeting.
55. c) Alteration or abrogation is approved and registered by Registrar, Co-operative Societies.

MISCELLANEOUS

53. The society shall have a charge upon the paid up share capital, deposit and any other money to the credit of a member or a past member or a deceased member in respect of any debt due to the Society from such member or the estate of a deceased member and the society may set any sums credited or payable to a member or a past member or a deceased member or the estate of deceased member in or towards payment of any such debts.
54. When a member from whom money is due pays any sum it shall be appropriated in the following order. Firstly, to fees, fines, postal, registration and other miscellaneous charges due to him/her, secondly, to interest, and thirdly to hire purchase instalments.
55. The society shall keep a copy of the Bihar Co-operative Societies Act(vi of 1935) and of the rules governing the society and its Bye-laws open to

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inspection free of charge at all reasonable times at the registered address of the society.

56. Should any doubt arise as to the construction of the Act or any Bye-laws the Board of Directors shall refer the same to the Registrar, Co-operative Societies, Jharkhand for his decision, which shall be final.
57. The society shall have a common seal which shall be in the custody of the Honorary Secretary.
58. The Society shall be affiliated to the Jharkhand Co-operative Federation Ranchi.
59. The society may be wound up with the approval of the Registrar, Co-operative Societies, Jharkhand if three fourth of the members present at a General Meeting specially convened for the purpose, vote for it and in accordance with the provisions of the Bihar Co-operative Societies Act (vi of 1935) and rules framed there-under.
60. No member shall give his/her plot with or without building on lease power of attorney or through any instrument as cover of sale to anyone. A member may put his/her building to rent on lease agreement, with Permission from Honorary Secretary of the Society.

However, the non-residential use of a house by a member himself/herself or through putting on rent will be subject to the conditions below:

1) At least 50% of the constructed areas of the member’s plot will have to be necessarily under residential use.

2) The constructed areas put to rent for non residential use will be especially liable to higher rate of maintenance charges for carrying out the Society’s object as enshrined in para 3(h) of its Bye-laws which is about raising the funds necessary for its sustenance.

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3)  If a house is used by member himself/herself as doctor, lawyer, teacher, chartered accountant, consultancy and such other professions not involving more than a room or two of the house such use will not come under non-residential category.

4)   General Body of the Society may take decision from time to time in regard to prohibiting certain categories of non-residential uses of house. However, for the present, the following non-residential uses will be treated as prohibited categories:

1. a) Hotel, Bar and Restaurants, marriage and Banqueting Hall.
2. b) Shops and Marketing Complex.
3. c) Coaching Institute
4. d) Dairy, Hatchery etc.
5. e) Private guest houses for general public at large.
6. f) warehouse
7. g) Hospitals with beds in more than one or two rooms.

However, as utility service, hospital can be run by member by himself as a doctor in his house facing towards main road out side the society may be allowed with some conditions laid down by Board of Directors.

61. If a member violates the provisions of the Byelaws including building Byelaws including building Byelaws the Society may terminate his/her membership and cancel the allotment of the plot & resume the plot with constructions there on .
62. The Society may frame its own rules for the municipal administration of the colony.

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63. All matters not specially provided for shall be decided according to the provisions of Bihar Co-operative Societies Act (vi of 1935) and rules framed there under.